dtufail/nuremberg-trials-corpus huggingface dataset:
MAJOR JONES: 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. 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?
MAJOR JONES: 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. 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.
MAJOR JONES: 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. 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.
MAJOR JONES: Above all there was no possibility of clearing up the 491 7 Aug. 46 matter, and then those things-were always done without witnesses. 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.
MAJOR JONES: He reported that in a Jewish labor camp in his district a Jewish wedding had taken place. There had been 1,100 invited guests at this wedding HERR PELCKMANN: Go on witness, a little faster. MORGEN: As I said before, 1,100 guests participated in this Jewish wedding. What followed was described as quite extraordinary owing to the gluttonous consumption of food and alcoholic drinks. Among these Jews were members of the camp guard, that is to say some SS men, who joined in this revelry. This report only came into my hands in a roundabout way, some months later, due to the fact that the Commander of the Security Police suspected that the circumstances indicated that some criminal acts had occurred. This was my impression as well, and I thought that this 492 7 Aug. 46 report would give me a clue to another big case of criminal corruption. With this in mind, I went to Lublin and called at the Security/ Police there, but all they would tell me was that the events happened at a camp of the Deutsche Ausrustungswerke. But nothing was known there. I was told it might possibly be a rather odd and shrouded (this was the actual term used) camp in the vicinity of Lublin. I found out the camp and the commander, who was Kriminalkommissar Wirth. I asked Wirth whether this report was true or what it meant. To my great astonishment, Wirth admitted it. I asked him why he permitted members of his command to do such things and Wirth then revealed to me that on the Fuehrer's orders he had to carry out the destruction of Jews. HEIRR PELCKMANN: Please go on, Witness, to describe your investigations. MORGEN: I asked Wirth what this had to do with the Jewish wedding. Then, Wirth described the method by which he carried out the extermination of Jews, and he said something like this: "One has to fight the Jews with their own weapons, that is to say "pardon me for using this expression-"one has to cheat them." Wirth staged an enormous deceptive maneuver.
MAJOR JONES: He first selected Jews who would, he thought, serve as column leaders, then these Jews brought along other Jews, who worked under them. With that smaller or medium-sized detachment of Jews, he began to build up the extermination camps. He extended this staff of Jews, and with these Jews Wirth himself carried out the extermination of the Jews. Wirth said that he had four extermination camps and that about 5,000 Jews were working at the extermination of Jews and the seizure of Jewish property. In order to win Jews for this business of extermination and plundering of their brethren of race and creed, Wirth gave them every freedom and, so to speak, gave them a financial interest in the spoliation of the dead victims. As a result of this attitude, this sumptuous Jewish wedding had come about. Then I asked Wirth how he killed Jews with these Jewish agents of his. Wirth described the whole procedure that went off like a film every time. The extermination camps were in the east of the Government General, in big forests or uninhabited wastelands. They were built up like a Potemkin village. The people arriving there had the impression of entering a city or a township. The train drove into a dummy railroad station. After the escorts and the train personnel had left the area, the cars were opened and the Jews got out. They were surrounded by these Jewish labor detachments, and Kriminalkommissar Wirth or one of his representatives made a speech. He said, "Jews, you were brought here to be resettled, but 493 7 Aug. 46 before we organize this future Jewish State, you must of course learn how to work. You must learn a new trade. You will be taught that here. Our routine here is, first, every one must take off his clothes so that your clothing can be disinfected, and you can have a bath so that no epidemics will be brought into the camp." After he had found such calming words for his victims, they started on the road to death. Men and women were separated. At the first place, one had to deliver the hat; at the next one, the coat, collar, shirt, down to the shoes and socks.
MAJOR JONES: These places were faked cloakrooms, and the person was given a check at each one so that the people believed that they would get their things back. The other Jews had to receive the things and hurry up the new arrivals so that they should not have time to think. The whole thing was like an assembly line. After the last stop they reached a big room, and were told that this was the bath. When the last one was in, the doors were shut and the gas was let into the room. As soon as death had set in, the ventilators were started. When the air could be breathed again, the doors were opened, and the Jewish workers removed the bodies. By means of a special procedure which Wirth had invented, they were burned in the open air without the use of fuel. HERR PELCKMANN: Was Wirth a member of the SS? MORGEN: No, he was a Kriminalkommissar in Stuttgart. HERR PELCKMANN: Did you ask Wirth how he arrived at this devilish system? MORGEN: When Wirth took over the extermination of the Jews, he was already a specialist in mass-destruction of human beings. He had previously carried out the task of getting rid of the incurably insane. By order of the Fuehrer himself, whose order was transmitted through the Chancellery of the Fuehrer, he had, at the beginning of the war, set up a detachment for this purpose, probably composed of a few officials of his, as I believe, the remainder being agents and spies of the Criminal Police. Wirth very vividly described how he went about carrying out this assignment. He received no aid, no instructions, but had to do it all by himself. He was only given an old empty building in Brandenburg. There he made his first experiments. After much consideration and many individual experiments, he evolved his later system, and then this system was used on a large scale to exterminate the insane. A commission of doctors previously investigated the files, and those insane who were listed by the asylums as incurable were put on a separate list. Then the asylum concerned was told one day to send these patients to another institution. From this asylum 494 7 Aug.
MAJOR JONES: 46 the patient was transferred again, often more than once. Finally he came to Wirth's institution, where he was killed by gas and cremated. This system, which deceived the asylums and made them unknowing accomplices, enabled him with very few assistants to exterminate large numbers of people, and this system Wirth now employed with a few alterations and improvements for the extermination of Jews. He was also given the assignment by the Fi1hrer's Chancellery to exterminate the Jews. HERR PELCKMANN: The statements which Wirth made to you must have surpassed human imagination. Did you immediately believe Wirth? MORGEN: At first Wirth's description seemed completely fantastic to me, but in Lublin I saw one of his camps. It was a camp which collected the property or part of the property of his victims. From the piles of things-there were an enormous number of watches piled up-I had to realize that something frightful was going on here. I was shown the valuables. I can say that I never saw so much money at one time, especially foreign money-all kinds of coins, from all over the world. In addition, there was a goldsmelting furnace and really prodigious bars of gold. I also saw that the headquarters from which Wirth directed his operations was very small and inconspicuous., He had only three or four people working there for him. I spoke to them too. I saw and watched his couriers arrive. They actually came from Berlin, Tiergartenstrasse, the Fi1hrer's Chancellery, and went back there. I investigated Wirth's mail and I found in it confirmation of all this. Of course, I could not do or see all this on this first visit. I was there frequently. I pursued Wirth up to his death. HERR PELCKMANN: Did Wirth give you names of people who were connected with this operation? MORGEN: Not many names were mentioned, for the simple reason that the number of those who participated could be counted, so to speak, on one's fingers. I remember one name: I think the name was Blankenburg, in Berlin. HERR PELCKMANN: Blankenburg? MORGEN: Blankenburg, of the Fi1hrer's Chancellery.
MAJOR JONES: THE PRESIDENT: Well, we had better adjourn now. We have already been 50 minutes. [The Tribunal adjourned until 8 August 1946 at 1000 hours.]
REINECKE: Yes. MAJOR JONES: And during most of that time you were con-nected with the SS legal &tem? REINECKE: Yes. MAJOR JONES: Would a serious view have been taken in the Waffen-SS or the German Army about the murder of Jews by SS men? REINECKE: I did not understand the question. MAJOR JONES: I will repeat it. Would a serious view have been taken in the Waffen-SS or the German Army about the murder of Jews by SS men? REINECKE: If the extermination of the Jews on Hitler's orders had been known in the SS, or as you say, in the Wehrmacht, I am certain that there would have been concern. MAJOR JONES: If an SS man had murdered 50 Jews, would that have resulted in a death penalty being inflicted on him? REINECKE: I cannot answer this question in simple words, because it touches on a basic problem. MAJOR JONES: I want you to look at the document dated September 1939, which shows the tolerance of murder in the SS by the highest judicial authorities and the German Army. It is Document D-421, which will be Exhibit GB-567. The first page of the memorandum: "The Chief of the Army Judiciary announces by telephone. The Field Court Martial of the Kempf Armored Division has sentenced an SS man of an SS artillery regiment to 3 years' imprisonment, and a military police sergeant major to 9 years' penal servitude for manslaughter. After about 50 Jews, who had been used during the day to repair a bridge, had finished their work in the evening, these two men drove them all into a synagogue and shot them all without any reason. The sentence is submitted to the Commander of the 3rd Army for confirmation. The proposal of the representative of the prosecution is capital punishment for murder." Then there follow initials. Then there is a marginal note: "General Halder requests information on the decision of the Com-mander of the 3rd Army." Then purple pencil notes: "To the Adjutant of the Commander of Army III." And on the next page you will see the course of this history: "Telegram ...
REINECKE: to the Oberstkriegsgerichtsrat (military judge of the fourth rank) attached to the Quartermaster General in Berlin .... SS Sturmmann Ernst is granted extenuating cir-cumstances because he was induced to participate in the shooting by a corporal handing him a rifle. He was in a state of exasperation owing to numerous atrocities committed by Poles against persons of German race. As an SS man, he felt at the sight of the Jews the anti-German attitude of Jewry very deeply and therefore acted rashly as a hot-blooded youth. An excellent soldier not punished before." And that is signed by Oberkriegsgerichtsrat (military judge of the third rank) Lipski. And then there are purple pencil notes on the document: "To the Adjutant of the Commander-in-Chief of Army III," and a lead pencil note: "Telephone call from Oberkriegsgerichtsrat Dr. Satt-mann to the effect that so far as has been ascertained the Chief of the Army High Conunand will not confirm either sentence." Then added, in lead pencil- "The sentences have been dropped under the amnesty. Punishment was announced before the amnesty. Nine years penal servitude for the police sergeant major changed to 3 years' imprisonment. Three years' imprisonment for SS man, unchanged. Confirmed by Army headquarters." Now, that was a clear countenancing of mass murder by the judicial authorities of the German Army, was it not? REINECKE: In my opinion this document represents, in the second part where it gives an explanation for the mild sentences on the two SS men, a personal opinion of Kriegsgerichtsrat Lipski, who as the presiding judge passed the sentences. Therefore, since I do not know other details of the case, I am not in a position to say whether the reasons which the presiding judge gives deviate from the facts or not. MAJOR JONES: But just for a moment: Do you appreciate that for the murder of 50 Jews-and if the facts as reported in this German document are true it could have been nothing but murder -there was, first of all, a finding of manslaughter? You as a lawyer will appreciate what I am implying.
REINECKE: And secondly that this Army judge passed a sentence of 3 years' penal servitude for the murder of 50? He was one of your legal colleagues of the Army and I suggest to you that this is typical of the attitude of you-particularly the SS' and the Army's judicial authorities, to the murder of what you pleased to call subhumans. REINECKE: May I say the following: A question of law as to whether the verdict is based on manslaughter or on murder is undoubtedly at issue here. The actual grounds which caused the judge to convict the men of manslaughter instead of murder are not indicated in the document. For that reason I cannot take a stand on the question put to me. MAJOR JONES: But, you know, it is indicated perfectly clearly. The reason why it was reduced to manslaughter was that this man Ernst, being an SS man, was particularly sensitive at the sight of Jews, and therefore it was just a youthful adventure, that is the that was operating in the judge's mind. You know it is perfectly clear. You ... REINECKE: I should like to say that as the document states, the prosecution in this case obviously asked for a verdict of murder and for the death sentence. The presiding judge did not, in his verdict, convict the men of murder but of manslaughter. According to the German penal law, the difference between manslaughter and murder is that murder is an action carried out after previous deliberation with the aim of killing a person, while manslaughter is an act of impulse, resulting in the death of a person. The judge, after con-sidering the circumstances described here, based his verdict on this latter legal qualification. MAJOR JONES: Witness, I am obliged to you for your disserta-tion on the difference between manslaughter and murder. I think the Tribunal is familiar with it. But, at any rate, the end of this story was that the Army commander-in-chief crossed the whole thing? REINECKE: That is correct. MAJOR JONES: The sentences were dropped under the amnesty That is the end of this suit of murder by the Army judicial authorities-amnesty and pardoning of the whole thing.