dtufail/nuremberg-trials-corpus huggingface dataset:
DR. FRITZ: This office, the "Deutscher Schnelldienst"-German news speed service-which had an entirely different significance from that claimed by the Prosecution, was a control agency created especially by Fritzsche in order to have foreign news tested as to the truth of its contents through inquiry at the competent German official agencies. If the Defense had succeeded in submitting the records of this "Schnelldienst" to the Tribunal documentary evidence could have been offered in every detail for the way in which German authorities answered inquiries of this kind. For instance, the Reich Security Main Office knew in a masterly and deceptive way how to make its replies sound credible. The foreign propaganda which was to serve a definite purpose could in comparison lay no claim to a greater power of persuasion-this all the more since the enemy propaganda in wartime also brought, of course, really incorrect reports, of which fact Fritzsche often felt quite convinced. Furthermore, Fritzsche has been accused of advocating the doctrine of the master race. The only statement by Fritzsche himself which the Prosecution submitted in regard to this point shows clearly that Fritzsche neither championed nor promoted such an idea; that, on the contrary, he expressly rejected it. An examination of the quotation presented by the Prosecution does not leave any doubt about it. Beyond what the hearing of evidence-the witness Von Schirrmeister and the affidavit of Dr. Scharping-has shown as to how Fritzsche prohibited the use of the words master race for press and radio altogether, Fritzsche himself under oath termed this accusation nonsensical. Therefore, after thorough examination of all obtainable speeches by Fritzsche, I can only state that this charge is untrue. Nothing is changed in regard to this statement by the fact that Voss and Stahel (Documents USSR-471 and 473) judged differently without giving any concrete facts. I have already dealt with the value of those documents as evidence. Fritzsche allegedly stirred up hatred against foreign peoples.
DR. FRITZ: To prove this serious charge the Prosecution emphasized several excerpts from two of Fritzsche's radio addresses, which were held on 5 and 10 July 1941. In order to be able to understand correctly the circumstances underlying the speeches, one must take into consideration the dates on which they were held. They were made shortly after the attack on the Soviet Union. He is not charged with any further statements-made, for instance, at a later time-or similar ones which might lead one to suppose some systematic line of thought. When the passages cited by the Prosecution were supplemented by the full text of the speeches, and by the examination of Fritzsche on the witness stand, it was shown that Fritzsche did not slander the peoples of the Soviet Union. Neither could what had led up to these speeches have given him any reason to stir up hatred against that country. They were held shortly after German sources, and in particular war correspondents, had reported atrocities in towns in Galicia which had been conquered by German troops. These were things which were reported everywhere in Germany-and also by foreign correspondents-in print, pictures, and motion pictures. In this respect, there was an especially great volume of material, and in his speeches Fritzsche expressly referred to it. Fritzsche's statements reflect the agitation of the German public over these reports, and he pointed to those presumed to be guilty of the atrocities. The facts, as such, were also confirmed by the Russians. The latter added, however, that not the Russians but the Germans were guilty of these actions. What happened was only that, on the basis of undeniable facts, a controversy had flared up as to the responsibility-just as happened later in the famous case of Katyn-in which both sides morally condemned the instigators. In neither of those speeches, as an examination of their entire contents would reveal, did Fritzsche designate entire nations as inferior or subhuman.
DR. FRITZ: His phrases about subhumanity referred only to those culprits whom in real indignation he pilloried as morally contemptible. He found it reasonable to believe the proofs presented by the Germans, and, therefore, there is no reason to assume that, at the time he held the speeches, he could have predicted what actually was to happen in the East much later. Therefore, there could not have existed any intention on his part to stir up his audience to engage in similar actions. It is impossible to establish any causative connection on the basis of two such words he had once spoken. The same is true of the excerpts from a speech of 29 August 1939, which General Rudenko read to him during his cross-examination (Document USSR-493). That broadcast also refers to atrocities committed shortly before the outbreak of the war in Bromberg, and concerning which, on the day of the speech-that being the reason for it-an official White Book had been published. It contained a short account of the results of an investigation of those atrocities. Only the guilty ones were designated by Fritzsche as inferior human beings. But it is not justifiable today to generalize this opinion to such an extent, as if he had designated the entire Polish nation as inferior. Fritzsche considered the representation in the official White Book as correct. He could not have doubted the fact that Poles had killed Germans. However, no word in that speech allows for the conclusion to be drawn that he envisaged the possibility or even suggested that the Slavic nations be exterminated. Fritzsche no more than the German people could imagine anything like it at that time. General Rudenko attempted in his cross-examination to prove that my client had made false statements. For that purpose an excerpt from his broadcast of 2 May 1940 was presented to him (Document USSR-496, Session of 28 June 1946). This is the example I mentioned before as proof of the insufficiency of such evidence in general.
DR. FRITZ: In it Fritzsche gives a description of the towns, villages, and hamlets in Norway which he had visited shortly before, and which had been spared by the war. The Russian prosecutor pointed to the official report of the Norwegian Government (Document 1800-PS) enumerating the damages caused by the war. Thus the impression was created that Fritzsche had lied to his audience. 25 July 4fi The full contents of that speech show, however, that the quoted sentences regarding undamaged houses in Norway stand directly next to other sentences in which Fritzsche himself depicts the destruction caused by the fighting in Norway. The speech does not contain a lie if Fritzsche reported in it that in other parts of the country he visited not the slightest trace of fighting was found. His description, therefore, is not in the slightest contradiction to the Norwegian Government report. At this point, I should like to insert a few remarks about the case of the Athenia, and the part that Fritzsche played in this connection. This case shows to what extent Fritzsche was at pains not to retransmit reports until they were proved to be true and reliable. But it shows; also, how dependent Fritzsche was on the version of the official German offices. This is evidence of his good faith; for it seemed natural to him, and he took it for granted, that official announcements were to be accepted without questioning, and this conviction could not, at that time, be shaken. That particular article in the Volkischer Beobachter, dated 23 October 1939, has been rightly described in this Trial by all parties as contemptible. Now, Fritzsche also engaged in polemics on this point in sharp although not similar terms. I take the liberty of pointing out that such remarks could be morally condemned only if Fritzsche had known beforehand that it was actually a German submarine which sank the Athenia, but, as he has testified under oath, this fact first became known to Fritzsche here in Nuremberg, in December 1945.
DR. FRITZ: Up until then, he was the very person from whom this decisive circumstance was withheld although he had, through the naval liaison officer, undertaken investigations at the High Command of the Navy, and other official offices within the Ministry of Propaganda, concerning the assertions made in foreign reports. To support the charge that Fritzsche instigated the ruthless pillage of the occupied territories (Session of 23 January 1946), the only evidence submitted is a statement made on 9 October 1941. In this, a passage from a public speech made by Hitler a few days before is reproduced. I have taken the greatest pains to find any instigation for the ruthless pillage of occupied territories in this quotation, or in the remarks made by Fritzsche about it in his radio address. It is impossible for me to see how any one sentence can possibly convey anything to this effect. I can only assume that it is a case of a misunderstanding and leave it for the Tribunal to judge. In no other connection has Fritzsche spoken a word or given a hint to this effect and, least of all, openly called for such a thing. Moreover, it is to be gathered from Dr. Scharping's affidavit, dated 17 May 1946 (Document Fritzsche-2), that the use of any kind of coercive means against other nations would have run counter to the purpose of his whole work, including that within the Ministry of Propaganda-namely, to gain the voluntary co-operation of the European peoples. It has also not been proved that Fritzsche really knew about the manner in which foreign 'workers were actually recruited. I would point out that the Defendant Sauckel stated that he had only one brief and unofficial talk with Fritzsche, and that in the beginning of 1945. In his affidavit Fritzsche further gave exhaustive details on the fact that he obtained extensive material from competent authorities to be brought to the attention of the German public, and in which the voluntary character of the recruitment of workers for employment in Germany was continually pointed out.
DR. FRITZ: It is not to be assumed that any information concerning this was given to the Ministry of Propaganda other than that provided by Sauckel in his report to Hitler (Document 407-PS). Moreover nothing has proved that Fritzsche approved, or even used for propaganda purposes, the violations of international law already committed or intended, such as the so-called Commissar Order, or the lynching of enemy aviators who had been brought down. With regard to the Commissar Order, the Russian Prosecution charged that the defendant, as a soldier, a member of the 6th Army, received knowledge of this decree. This has been confirmed by Fritzsche. He could, however, point out that his attitude had not only been passive; he even, and this must be said, took a successful stand against this by way of proposals to his commanderin-chief, the witness Paulus (Session of 12 February 1946). General Rudenko's charge that in spite of this he remained in Hitler's service-although he should at least have assumed that Hitler was the author of such an order contrary to international law-is not a reason for accusing Fritzsche as a propagandist, or even as far as his ethics are concerned. Gentlemen, if such an accusation with a criminal legal foundation could be made, it would affect every German soldier who fought on for his fatherland in the East after the autumn of 1942. Fritzsche also protested against the fact that Allied fliers were to be treated contrary to international law. When he learned this, he spontaneously refused any propagandistic activity for Goebbels in this respect. These facts have been definitely ascertained through thorough examination of him on this subject and through Dr. Scharping's affidavit (Document Number Fritzsche-3). Furthermore, no charges can be made from what he said in his radio speeches, about the use of new weapons and the Werewolf movement' with which he has been charged by the Russian Prosecution on cross-examination (Document USSR-496). I can be spared mentioning particulars in this connection because Fritzsche testified in detail.
DR. FRITZ: The speech of 7 April 1945 (Document USSR-496), with which he is reproached, does not in the least glorify forms of warfare contrary to international law. It rather attempted to find a psychological reason or excuse for the active participation of civilians in the fighting toward the end of the war by referring to the suffering of the German people through the effective air warfare of the Allies. I still have one point of the evidence to refer to. General Rudenko submitted to Fritzsche a short document at the end of his cross-examination (Document USSR-484). It is a copy of a short message, signed by Fritzsche, dated 19 October 1944, addressed to Major Von Passavant, a wireless expert of the Propaganda Branch of the OKW. The Russian Prosecution wish to conclude from the contents of this communication that Fritzsche had committed himself in the preparation and execution of some kind of "biological war." Such a conclusion cannot possibly be drawn from the contents. It is merely a covering message of five lines referring to the transmission of a letter of a radio listener to another department. Fritzsche's department received daily whole stacks of letters from unknown radio listeners. A subordinate official looked through such letters, of which hundreds arrived daily, and directed them wherever they would perhaps receive special consideration. The letter of the radio listener Gustav Otto, from Reichenberg, which apparently contained a suggestion to carry out biological warfare, followed exactly the same route. Although Fritzsche, in his capacity of department chief, signed the transmitting letter composed by the subordinate official, he naturally did not know anything about the contents of the listener's letter. In view of the large number of daily communications from listeners, it-was completely impossible for him to read them. This listener's letter, in any case, did not receive any special attention in the broadcasting department. The copy of the transmitting letter, as can be seen from pencil notes made thereon, was also immediately filed.
DR. FRITZ: How can anything unfavorable be deduced against the Defendant Fritzsche from this sort of evidence? Especially as it is completely unknown what the unknown listener meant by a "biological war." Finally, I have yet to point out the following. General Rudenko read the document on the occasion of the cross-examination (Volume XVII, Session of 28 June 1946), and from a Russian text; the German text, which appears in this form in the German transcript, and the English text, which appears in this manner in the English record, differ considerably in content from the original German text. If notwithstanding the insufficiency of this document-the meaning of which could in any case be clarified only by the appendices which are lacking-the Tribunal believe it deserves consideration, the first requirement would be to have exact translations made from the original German text. In concluding my evaluation of evidence, I wish to say that none of the documents brought up during the cross-examination of the Defendant Fritzsche could modify the impression which he gave us during direct examination-that is, his having spoken sincerely and truthfully before this Tribunal, and that because of his own desire also to make every possible contribution on his part so that an actual foundation for a proper judgment may be found. And going even further, all the statements made by Fritzsche were supported in all decisive points by the documents which I submitted, and particularly through the testimony of the witness Von Schirrmeister. The latter, who during the most important period between 1938 and 1943 was the daily companion of Goebbels, was able to report directly, and, I dare say, with great clarity, on the true conditions in the Ministry of Propaganda. The result of the evidence-I may repeat here what I expressed in my introduction- was unequivocal for my client. Contrary to the announcement made by Mr.
DR. FRITZ: Albrecht, which I mentioned at the beginning of my final pleading, nothing during the proceedings could corroborate the contention that Fritzsche's importance in reality was greater than that shown in the diagram of the Ministry of Propaganda. The discussion of the bare facts alone ought to have made clear that Fritzsche can bear no responsibility for what is the actual part that may have been played by the extensive propaganda machinery of the Third Reich in the plans which were in the hands of a small initiated circle. If the restricted department in which Fritzsche worked was misused, then Fritzsche himself was misused. The assumption that Fritzsche was Goebbels' closest collaborator, his right-hand man, so to speak, and even his acting deputy-an assumption from which the bulk of the accusations leveled at him are probably derived-is refuted by facts which have come up for discussion. The odium against Fritzsche, on the alleged ground that he bears a responsibility equal or similar to that of Goebbels, has already been definitely shown by the evidence to be unfounded. Even from the dealings and actions themselves of my client it ought to have become clear that the assertions of the Prosecution have gone much too far. In the legal consideration of those acts and dealings of Fritzsche by Captain Sprecher, it was quite striking that-as far as I can see, at only one point and here, too-as distinct from the other defendants was the quite general conclusion drawn that Fritzsche was, during a definite period, a principal conspirator because he was directly entrusted with the manipulation of the press (Session of 23 January 1946). I need not mention again at this point that the factual prerequisites for such an opinion did not exist. Now I am only concerned with establishing, with regard to the legal qualification by the Prosecution themselves, that in discussing his case his activity will be judged only in the sense of forms of participation. The Indictment points out in several places (23 January 1946 a.
DR. FRITZ: m.) that Fritzsche had been called to account by this Court because of 'adding and abetting. He is characterized as an accomplice of Goebbels; he is said to have assisted in producing propaganda material, helped create an atmosphere of hatred, lent support, et cetera; whereby it becomes obvious that he could not have been one of those who did the planning. On the other hand, it is also said of this defendant that he was an active instigator and inciter and that, therefore, he stirred up and aroused people's passions. The first question now is: Does the accessory also belong to the participators within the meaning of Article 6 of the Charter? This question, it seems to me, has not yet been discussed by Dr. Stahmer; but the case of Defendant Fritzsche offers an opportunity for this because by the Prosecution themselves he has been characterized only as an accomplice. I am, therefore, compelled to give the question closer scrutiny. The four concepts, leader, organizer, instigator, and participator, are presented as being equally important. Perpetrators coming within these four possibilities are also to be dealt with equally. These four concepts, insofar as they differ textually, can consequently only explain in what different forms a plot can be fashioned. One person instigates, the other organizes, another leads the gang, still another takes part in the plot in some other way. Therefore, all four concepts are closely connected with the common plan. They are united only because of the common plan. Only that makes them true accomplices. To make plans jointly, to want jointly to carry something out, that is the primary concept ruling these four secondary concepts. Only the functions in themselves may, of course, be different. They can also be divided by the conspirators themselves. If the conspirators have jointly invented the plan, have formulated it or, by agreement, have merely furthered it, then it should be of no consequence which part each one of them plays in its execution.
DR. FRITZ: It should, therefore, also be basically unimportant whether within this plot someone is the leader, the inspirer, or merely another participant in the plan. But, everyone presumably must be a party to the plan. At least, he must have recognized its purpose, for according to the words of the Charter, he must have participated in it, and that either (a) in the formulation, or (b) in the execution-but only of a common plan-or (c) in some other conspiracy for the commitment of an individual crime. Only then is he responsible for others when in the execution of such a common plan someone commits a crime. The word "accomplice" refers therefore to the plan. He is an accomplice in the plan, and is in no respect different from the leader or instigator. A wider meaning in an accessory sense must therefore be not far removed from this concept. In common law, the concept of accomplice as a guiding principle has also an altogether different meaning than accessory. By accessory, according to the prescriptive legal conception, only one of the forms of complicity is understood, and that is the form by which a deed by another person is only supported or furthered, a deed which the accessory does not exactly want to be his own; it means the mere support of the main deed. Article 6, last paragraph of the Charter, cannot have such a meaning. There the participant is to be put on an equal basis with the accomplice, whereas in common law the accessory, as subordinate participant, can never be accomplice in a punishable deed. In common law the assistants are merely accessories. It cannot have been the intention of the creators of the Charter to regard the mere accessory as participant in the plan; for whoever participates in a plan is to answer fully for the deeds of others, even if he has only subordinately participated in the formation of the plan. But if the opposite is true, then it must follow that whoever does not participate at all in the formation or discussion of a common plan can therefore not be charged with full responsibility for what others have done.
DR. FRITZ: It is thereby immaterial whether the others committed a crime in the execution of a plan or only incidentally upon the occasion of its execution. The responsibility of the one for the deeds of the other can only exist when the plan binds them together. It is for this reason that the concept of conspiracy presupposes of necessity the idea that what is being done takes place under the impulse of a common will and a common knowledge in relation to the plan. This description of participation as restricted to the plan is, in my opinion, expressed also in other parts of the Charter. In Paragraph 1-and not only in Paragraph 6, Section 1-it is stated that in execution of the Four Power Agreement of 8 August 1945, at first the "principal war criminals," the "principal culprits," the "principal conspirators," should be called to account here before this Court. Assistants, accomplices, simple agents of execution, and all other merely dependent, accessory perpetrators who do not belong to the central body-that is to say, who are not connected with the conspiracy plan or in closer agreement for the carrying out of a single crime-cannot be considered as belonging to such a group. Within the meaning of conspiracy and the responsibility of the one for the other connected with it, there can be no simple "helpers" at all. As concerns the Defendant Fritzsche, I have demonstrated that- if only due to his position in the State and the Party structure- he can neither belong to the restricted group of conspirators nor to the wider group of the organizations. Moreover, Captain Sprecher has himself pointed out (Session of 23 January 1946) that Fritzsche is not represented by the Prosecution as the type of conspirator who would have thought out the all-comprehensive strategy, that his particular field lay even outside the framing of the plan; but that it was not necessary for him to have correctly understood the basic strategy-to have perceived the aim when he was the spokesman of the conspirators.