dtufail/nuremberg-trials-corpus huggingface dataset:
HERR BOEHM: I quote: "There was no military collaboration between the German Wehrmacht and the NS Riding Corps, either in a tactical or a strategical respect. The cavalry of the Wehrmacht trained the next generation of horsemen itself, and did not apply for the collaboration of the NS Riding Corps. Relations with the NS Riding Corps along these lines were neither sought nor maintained on the part of the Wehrmacht ...... In connection with this, General Guderian gives the following convincing reasons: "Whereas 18 cavalry regiments were still in existence in 1935, only one cavalry brigade was available at the outbreak of war, which in the course of the war was later increased to a cavalry division. The armored command had taken the place of the cavalry, which is obvious from the fact that 40 percent of the tank officers came from former cavalry regiments. In view of this development, an incorporation of units of the Mounted SA into the Wehrmacht was never planned nor did it ever take place." Moreover, within the Mounted SA itself no training of any kind for military tasks was practiced. At no time and in no part of Germany were cavalry maneuvers like those in the Wehrmacht cavalry ever carried out by the Mounted SA. Rather was their activity limited to the breeding of horses, which was important for the farmers, and the kind of equestrian sports which are practiced in all countries of the world. Nor can the charge be maintained by pointing to the so-called Riding Certificate. According to its wording, the Riding Certificate gave its owner the right to be allowed to serve with a mounted unit in the Army. This Riding Certificate, however, could be obtained by any sportsman, even if he was not a member of the NS Riding Corps. This corresponded to the understandable desire of every keen horseman to be assigned to a mounted unit in case of conscription in the Army, just as an enthusiastic mountain-climber or skier prefers to do his military service in the mountain units.
HERR BOEHM: In practice, however, this desire was considered by the Wehrmacht only on very rare occasions, because after 1933 the Wehrmacht had almost completely deactivated the cavalry. Thus most of the holders of Riding Certificates were in reality assigned to infantry or motorized units when they were inducted. Furthermore, the goal of every member of the Mounted SA in his sports activity was not to acquire the Riding Certificate, but the Riding Badge, which was worn with pride by every rider. This badge has been submitted to the Tribunal in its original form and is probably the only badge of an NS unit without the swastika. A militaristic spirit was not fostered in the Mounted SA. The majority of the Mounted SA were farmers. It is well known that the farmer is by nature no friend of war. The urban units of the Mounted SA, however, maintained close international relations with all countries that engaged in riding sports until the outbreak of war. Numerous foreigners, some of them in official positions, were constant guests of the Mounted SA. At the outbreak of war general consternation reigned among them. As regards the character of the General SA, the members of the Mounted SA were of the opinion that the SA, to which indeed the Mounted SA was not attached until after 1933, had no criminal character. Insofar as excesses occurred within the General SA, the members of the Mounted SA must have perceived that these excesses by individuals were not in accordance with the program of the SA, and they heard with satisfaction that the SA Leadership disavowed these things and tried to prevent repetitions. It might also be pointed out that not one of the chief defendants was ever in any kind of relationship with the Mounted SA. No member of the Mounted SA played a leading political part during the National Socialist regime.
HERR BOEHM: Justice demands that the Mounted SA be exonerated as regards the charges brought against it, since both of the other sports organizations of the Party, the National Socialist Motor Corps and the National Socialist Flying Corps, were quite properly not indicted, because of their sporting aims. Thanks to the political influence of their leaders, the NS Motor Corps and the NS Flying Corps succeeded in achieving complete independence from the SA. During the whole period of its existence the Mounted SA likewise made efforts to secure this complete independence, but obtained it only in part. In its leadership it remained subordinate to the SA. The Mounted SA was probably not given complete independence for the reason that the Party leadership did not consider it politically reliable. Under these circumstances a conviction of the Mounted SA would be felt to be a grave injustice, quite apart from the fact that the reproach of preparing for a modern war should rather apply to those who were trained in motor vehicles and airplanes than to those who devoted themselves to equestrian sports and horse breeding. Still another group within the SA, which had even less to do with political aims than the Mounted SA, is represented by the so-called medical units. In the formation of the latter the pressure of legal coercion made itself strongly felt. Legal coercion means that decrees, enactments, or statutes exist by virtue of a law, which make service in an organization, for instance in the SA, compulsory. This applies to the majority of the so-called SA doctors. This is shown by the affidavit of Dr. Carrie (Affidavit Number General SA-74). In his affidavit it is stated that if physicians refused service in these units, they were dismissed from municipal service. Moreover, who can find anything criminal in their activity? Their task consisted in training persons for first aid in case of accidents, in installing medical aid stations, and in medical service in case of natural disasters, as well as in being in attendance at sports events.
HERR BOEHM: The entrance of a medical man into the SA was made in his capacity as physician, mostly with the rank of a Sturmbannfuehrer, or at least that of Obertruppfuehrer. The physicians in the SA, as high up as the groups, were active in all the offices of the SA in an honorary capacity. As time went on a medical company (Sanitaetssturm) was formed in every SA Standarte, which on the average comprised 100 members, Trained SA medical men were, in general, constantly being detailed from the ranks of the medical companies to the individual SA companies. In practice it was arranged for each company to have about 4 or 5 SA medical men. The training of the SA medical men was conducted by physicians in keeping with the -Geneva Convention. Part of the medical men were even trained directly by the Red Cross. The duties of the SA medical personnel corresponded to a large extent to the duties of the Red Cross. The affidavit of Dr. Menge, Hanover, states that a large number of water-sports clubs were taken over by order of the SA as SA naval companies (Marine-SA Stuerme). These SA naval companies differed from other SA units in that there was hardly one "Old Fighter" to be found in their ranks. The whole organization was set up after 1933. Their duties consisted exclusively in water-sports activities. Compulsory enrolment in the SA was also the case with the border defense units, as will be seen from the collective summarization of affidavits. From them it can- be seen that this concerned a part of the SA which belonged to the latter only formally and for other than the usual reasons. I might stress that this refers to the enrolment of the border defense units organized in the autumn of 1931 under Bruening and Severing, which were forcibly incorporated in the SA in the autumn of 1933. 1 might also point out that the duties of the so-called Reich Board of Guardians for the Education of the Young (Reichskuratorium fuer Jugenderziehung), which was founded in 1932, were transferred to the sphere of the SA.
HERR BOEHM: In this Reich Board of Guardians for the Education of the Young there was a chief of educational matters, an office also found in the SA. The so-called AA duties, the so-called border defense tasks, fall within his jurisdiction. These AA tasks are mentioned in a document of the Prosecution. Unequivocal proof is thereby furnished of the incorporation of the border defense units into the SA in 1933. In my document book, in Document SA-218, I have submitted an order of the Supreme SA Leadership of 7 October 1933. It shows that the Reich Minister of the Interior decreed, under Br. I. A. 5400/26. 9. of 3 October 1933, that the auxiliary engineer service of the Technical Emergency Service (Technische Nothilfe) was to be transferred to the SA. The transferred auxiliary engineer units supplied by far the majority of the personnel for the SA engineer companies. It is therefore quite natural that these units were used in natural disasters, since they originated in the Technical Emergency Service. A predominant part of the SA members who entered the SA after 1933, for example members of the upper classes of the secondary schools, students, candidates for government positions, and members of industrial plants and skilled trades, joined the SA not of their own free will but by virtue of decrees, enactments, and statutes. Not even the Prosecution's ingenious but irrelevant interpretation of the Indictment can change that. The students, for example, served with the SA University Department after they had become members of the local SA companies. None of these people could vote before 1933. The election in March 1933 determined their evolution. They cannot in any way be held responsible for this. They were born into this period; they are the victims of this period. They believed they were serving a state which was recognized by all nations. The greater part of these young men were at the front. Many sacrificed their health and their lives for the Third Reich, which demanded everything of them.
HERR BOEHM: They marched out believing in their duty, believing that they were performing their mission. Some of them came home from the World War deceived and disappointed, and are now to be stamped as criminals by the indictment against the organizations. In my collection of documents I have submitted a large number of enactments and decrees which represent the fundamental reason for the entry of these young people into the organizations. I need not mention them separately; they are known to the Tribunal. Are these people now to be punished because they fulfilled the duties which were imposed upon them by law and statute? From these young men who were enrolled in the organizations came the active fighters against the National Socialist State. Let me give one example: the case of Scholl, who rebelled against the coercion of this state. These young men were born at a time when the first World War was inflicting its wounds upon the European countries. These young men suffered most from the consequences of the unfortunate development which shortsighted men created in Versailles. These young men suffered from this problem, which the bulk of the German people, including the Supreme SA Leadership, always wanted to solve by peaceful means. The witness Gisevius, too, recognized this clearly. He stated that in the years before 1938 feelings among the majority of the SA must have been exactly the same as the feeling among the majority of the German people. And this feeling was beyond a doubt that the very thought of war was sheer madness. He also declared and proved that the assumption that the SA participated in war crimes must likewise be denied. This treaty of Versailles, and the chief postwar events, the blockade of the Republic and its struggle against Communism, the currency inflation, the ruin of the middle classes, unemployment, civil strife, party armies, Parliamentary chaos, laid the foundation for the young generation and for its evolution.
HERR BOEHM: This should not be forgotten when passing judgment on the fate of the young generation within the organizations, who did not vote for Hitler in 1933. It is regrettable that this group structure of the SA after 30 January 1933 cannot be explained to the High Tribunal with statistics. These statistics are lacking because of the absence of the witness Wallenhofer. However, I am able to submit a fairly accurate outline, which the Tribunal ought to have in order to get a clear picture of the SA. This outline is contained in the summarization of the collective affidavits. As previously mentioned, on 30 January 1933 the traditional SA had 300,000 members. The Stahlhelm was incorporated in the SA by order, as follows: In the first batch there were 550,000 members; in the second batch there were 450,000 members. The following were transferred by order: The rural riding associations with about 200,000 members; the water-sports clubs with 50,000 members; the, border defense units with .100,000 members; the auxiliary engineers' units of the Technical Emergency Service with 50,000 members. In addition, Samaritan leagues and other Red Cross associations were transferred by order. By virtue of official decree, physicians were transferred to the SA medical associations, totalling 60,000 members; also, by order, the Kyffhaeuser Society with 1,500,000 members. By virtue of legal enactment university students and students of technical high schools were enrolled with 100,000 members. Students of technical and secondary schools-by virtue of the decree of 9 September 1933 -- and religious youth societies by virtue of order joined the SA with 150,000 members. The Erhardt Brigade was enrolled by order with 150,000 members; the Oberland Aviation Sports Society and the Frontbann with 200,000 members. Civil servants, especially the younger civil servants, were enrolled by virtue of government decree, totalling 200,000 members; the honorary leaders and occasional duty leaders of the SA, 20,000 members. Other additions to the SA amounted to 420,000 members.
HERR BOEHM: Of these 420,000 men, 200,000 came from the camps of the Leftist organizations, such as for example Red Front and Reichsbanner. This gives a total membership of 4,500,000 members. Withdrawals in 1934, immediately after 30 June 1934, were as follows: Kyffhaeuser Society, 1,500,000; National Socialist Motor Corps (NSKK), 450,000; SS, 250,000; Political Leaders, 150,000. From 1934 until the time when membership had reached one and one-half millions, there resigned: War casualties and physically disabled, 350,000; as a consequence of legal proceedings, 40,000; by transfer to other organizations, 260,000. Thus the number of members amounted to 1,500,000 members. In the course of the next few years there was a great turnover in personnel. A number of members died while others left on account of illness. These were replaced by the rising generation. They came mostly from the Reich finance schools (14 schools with about 50,000 members) or were made up by students and the younger civil servants, who were legally compelled to serve in an organization or else came from the Hitler Youth, whence they were transferred to the SA. The ruling of the Tribunal of 13 March 1946, Paragraph 6 (a), Figure 2, emphasizes that it would be of importance to establish whether membership in the SA was in general voluntary or the result of legal decree. The preceding outline clearly shows that in general there can be no talk of voluntary membership in the SA, but that in the majority of cases membership was secured by virtue of orders or legal compulsion. Therefore, large numbers were incorporated in a body by virtue of official enactments or decrees by Hitler, which according to the Law concerning the Unity of State and Party were legal decrees or had a legal character. Accordingly, a conviction of the SA as a collective organization is not possible because no unified objective exists. If we picture to ourselves the period after 1933, we come to realize that the Third Reich was a national police state.
HERR BOEHM: From the affidavits of many transferred members of the Stahlhelm it can be seen that as early as 1933 or 1934 attempts to resign from the SA, unless based on very weighty reasons, such as grave illness, were considered by the State authorities as the expression of an attitude hostile to the State. Other reasons than those of health were not recognized. Significant in this connection is the decree of 27 February 1936 by the Reich and Prussian Minister of the Interior, submitted under SA-222, in which it says: "... in every case a thorough investigation is to be made as to the reasons why the government: employee resigned from the Party. If he did this because he disapproved of the program or the political tendency, he will not be allowed to remain a government employee. But even if this is not the case, the resignation of a government employee from the Party can, in view of the close relationship between Party and State, lead to the conclusion that the employee lacks the inward allegiance to the National Socialist State or the necessary spirit of sacrifice." If we look at Document SA-221, we read the regulation that the sworn obligation to the Fuehrer makes it impossible for anybody to leave the SA in the same way that one would withdraw from any other association, and that only the development of a physical disability or employment in some other capacity would enable one to resign from the SA. Other reasons could only refer to one other possibility: expulsion. The circular decree of the Reich and Prussian Minister of the Interior theoretically recognizes the possibility that, although expulsion from the Party and its organizations is designated as a severe punishment, the person concerned, with his wife and children, might even be deprived of work and food. That this regulation was already applied in practice before, is evident from a judgment of the Provincial Labor Tribunal of Bielefeld, according to which, in cases of expulsion from the SA, the employer could not be expected to provide further employment (Document SA-220).
HERR BOEHM: It is not surprising that in the National Socialist State regulations were carried out before they became legally effective. In the official commentary by Pfundtner-Neubert the following is said concerning the decree of 28 February 1939: "This sort of new order in the legal system is in keeping with the principles of National Socialist State leadership. It does not proceed in the same way as the constitutional state, which first issued high-sounding laws, which, however, it was unable to carry out because the necessary conditions were lacking, apart from the fact that the executive branches of the Government were too weak to do so; the Government of the Third Reich first creates the actual conditions which are necessary for the execution of a government measure, and then issues the corresponding law." Moreover, I might refer to Affidavits 1, 2, 3, 4 of the Stahlhelm, to the testimony of Hauffe and Von Waldenfels, and to, Affidavits SA-61 and 81, which stress the impossibility of resigning from the SA. An attempt to resign for reasons other than health would have resulted in expulsion. Such expulsion entailed, in addition to an automatic subjection to police supervision the loss of one's economic position or profession, especially in the case of government officials and employees, or economic boycott and the danger of arrest because of political unreliability. The prerequisite for every profession was the so-called stamp of political reliability, which was obtainable only within the organizations, and the administration was not inclined to depart from it out of consideration for alleged or actually existing professional qualifications or family circumstances. Political reliability was demanded by the Third Reich. Therefore, it stimulated service in the organizations by decrees.
HERR BOEHM: To exclude oneself meant what is written in Affidavit Number 81: "It was widely known that a refusal to obey the decrees of State and Party led to the supervision of one's activity, since it meant excluding oneself from service to the national community." Besides that, there was no reason to refuse to work for the national community, since criminal aims, methods, and activities of any kind were unknown. This was clearly shown by the collective summarization of 17,089 affidavits. Moreover, the conduct of persons who were enrolled by virtue of orders, that is, by legal coercion, cannot constitute a legal charge if the involuntary character of their enlistment has been proved. To sum up once more, in conclusion I might say: (1) It has been proved that, if illegalities occurred, these acts were only acts by individuals, and consequently cannot be charged, against the organization; (2) that the SA Leadership neither ordered nor tolerated those abuses, and is, therefore, free from guilt; (3) that these excesses can in no way be traced back to a criminal education, or in any way to a conspiracy with criminal aims. Truth and justice demand that an organization of millions, or its leadership, should not be declared criminal on account of these abuses by individual members of the organization, after it has been established that the leadership at no time aimed at criminal actions, and that the bulk of the members of the organizations never committed any criminal acts. The fact that several of the principal defendants were honorary leaders of the SA in no way alters the evidence presented in regard to the SA. When for a short time Hermann Goering headed the SA it numbered only a few thousand men. At that time it was no different from the Reichsbanner of the SPD. The Leadership Corps of the SA was composed neither of ruffians nor political flotsam. A few leaders -- five altogether -- who had not proved to be satisfactory were eliminated during the events of 30 June 1934.
HERR BOEHM: This is the only criticism which can be made against Roehm, the Chief of Staff at that time, that, although he aimed at order and legality in his political actions and dealings, he did not expel these five persons at the right time and thereby played into the hands of his opponents. This involved four percent of the Senior Leadership Corps, and therefore a small fraction which never could justify a conviction. Among the salaried Obergruppenfuehrer and Gruppenfuehrer of the period from 1934 to 1945 there was not a single one who had been previously convicted. The Supreme SA Leadership had to require this of its members, because there was also a regulation that the ordinary SA member had to furnish a certificate of good conduct from the Police upon his admission. None of them was one of the so-called failures in life. They all had been trained for a definite profession, with good opportunities for advancement, before they entered the Leadership Corps of the SA as salaried members. That the political objective of the SA was based on patriotism alone has been conclusively shown by the evidence. R6hm did everything to strengthen the idea of community among the German people. His aim was to strengthen the confidence already won. He prosecuted the abuses which occurred during the political revolution. He wished to win over the trade unions, not to crush them. Lutze, although himself a weak personality, repeatedly challenged occurrences and measures within the Party. He put himself in opposition to the leading Party line. In an affidavit which I have submitted in evidence it is stated that he condemned the so-called "Nazism" of the NSDAP. This is also the chief explanation of his universally known and implacable opposition to Himmler and Bormann. There was hardly a question on which he, as SA Chief of Staff, agreed with both of these men. This applies especially to the question of the "master race" and the attitude towards the Jews, to the Church question, as well as to the attitude towards political opponents.