dtufail/nuremberg-trials-corpus huggingface dataset:
DR. NELTE: As to when exactly during my presentation the witnesses should appear I cannot say, for I cannot say when the stage for the presentation of my witnesses will be reached. I think the Court is in a better position to judge when it will be my turn for the presentation of evidence. In the course of the examination of those witnesses who will be granted to me, I shall also question this witness.
THE PRESIDENT: Dr. Nelte, you see these witnesses not only affect your client, but they affect the Defendant Goering and the Defendant Kaltenbrunner; and therefore, what the Tribunal wish is that you, in consultation with Dr. Stahmer and counsel for Kaltenbrunner, should let the Tribunal know what would be the most appropriate time for those two witnesses to be called, so that time may be given for summoning Wielen here and letting the prison authorities know about Westhoff.
DR.NELTE: We spoke about that and have agreed that the witnesses be called during my presentation. I just understand from Sir David that we are all agreed that the documents be presented after the case against the organizations.
THE PRESIDENT: Yes.
MR. COUNSELLOR SMIRNOV: May I continue my questioning, Mr. President?
THE PRESIDENT: Continue, yes.
MAOUNSELLOR SMIRNOV: I have one last question to put to you, Witness. Tell me, when you left the city to go into the country to inspect the churches, did you sometimes witness instances of derision of religion and desecration of churches?
LOMAKIN: Yes, I did.
MR. COUNSELLOR SMIRNOV: Would you be kind enough to relate this to the Tribunal?
LOMAKIN: In June 1943, by order of Metropolitan Alexei, I went to visit the district of Old Peterhof and Oranienbaum. From personal observations and from my conversations with the members of the church I learned the following, which I know to be true, and which was all corroborated later on when New Peterhof was freed from the German occupation. All that I shall now relate may be verified by inspection. In Old Peterhof soon after the Germans occupied New Peterhof, exactly within 10 days, all churches were destroyed by the enemy's artillery fire and aircraft. At the same time the Luftwaffe and German artillery forces timed their raids so that not only would the churches be demolished, but the peaceful worshipers who sought refuge there from the fighting and the artillery fire would be killed as well. All the churches in Old Peterhof, namely the Znamenskaya Church, the Holy Trinity Cemetery Church, and the small Church of Lazarus attached to it, the church museum at the Villa of Empress Maria Feodorovna, the Serafimovskij Church and the church of the military cemetery -- all these were destroyed by the Germans. I can state with certainty that under the ruins of the Cemetery Church of the Holy Trinity and the Lazarus Church, in their crypts, as well as in the cemetery tombs and vaults of the Znamenskaya Church, up to 5,000 persons perished. The Germans wouldn't let the survivors come outside. It is easy to picture the sanitary conditions and the general state of the people confined in those church crypts -- air fouled by the breathing and excrements of these unfortunate people, frightened to death. They fainted, they grew dizzy, but their slightest attempt to leave the church and come out into fresh air was punished by shots from the inhuman fascists. Much time has already passed since that time, but I remember especially well one instance which a close relative of the people about whom I am now going to speak related to me. A little girl came out of the crypt of Trinity Church for a breath of fresh air; she was immediately shot by a German sniper.
LOMAKIN: The mother followed in order to pick her up, but she also fell down bleeding at the side of her child. The citizen Romashova, who related this to me, is still alive, and I have seen her many times -- she recalls this incident with horror. And many were the incidents of that kind.
MR. COUNSELLOR SMIRNOV: Tell me, Witness, in the other districts of the Leningrad region did you ever witness the desecration of shrines and sacred objects?
LOMAKIN: Yes, for example in Pskov. Pskov presented a horrible picture of ruins and devastation. I feel that I must recall to Your Honors that Pskov is a museum city, a shrine of the Orthodox faith, ornamented by numerous churches, and situated on the Velikaya River and its tributaries. In that city, there were no less then 60 churches of various sizes and various denominations. Of these 39 were not only priceless monuments of church architecture of high artistic value, with beautiful icons and frescos, but also wonderful historical monuments, reflecting all the greatness and century-old multiform history of the Russian people. The Kremlin (walled city) -- the Cathedral of the Holy Trinity...
MR. COUNSELLOR SMIRNOV: Well, what did the Germans do to those churches?
LOMAKIN: That is just what I want to relate. The Kremlin -- the whole Holy Trinity Cathedral, with its remarkable altar screen, was plundered by the German soldiers. Everything was carried out of it as well as out of all the other churches in the city. You won't find even a single tiny icon left, not a single church vestment or sacramental vessel -- all has been taken away by the Germans. The Cathedral of the Holy Trinity -- I speak again of this Cathedral. I almost paid with my life for my visit there. Just half an hour before my arrival a mine exploded right in front of the altar gates. The gates were destroyed; the altar was blood-spattered. Before my own eyes I saw three of our Soviet soldiers who had perished in the explosion, right in front of the altar. Mines were also laid in other places. I could give another interesting detail. Pskov was liberated in August 1944, but on Epiphany, in January 1946, another mine exploded, killing two persons. Likewise the church of St. Vasili-on-the-Hill was also mined. There a mine was laid at the very entrance to the church. In all the churches the abundance of all kinds of refuse, dirt, bottles, cans, et cetera, was strikingly noticeable. The Cathedral of St. John's Monastery was turned by the Germans into a stable. In another church, the Church of the Epiphany, they set up a wine cellar. In a third church I saw a depot of fuel -- coal, peat, et cetera . But why speak of individual churches? Wherever we turn, our hearts bleed at the spectacle of all the suffering, all the plunder, brought about by people who shouted all over Europe about their culture, who despised mankind, while some proclaimed their belief in God. What kind of faith is theirs!
MR. COUNSELLOR SMIRNOV: Mr. President, I have no more questions to ask the witness.
LOMAKIN: I should like to ask the Prosecutor's permission to say a few more words about what happened in Leningrad.
MR. COUNSELLOR SMIRNOV: With regard to that, you must ask the Tribunal.
LOMAKIN: I am slightly diverging from the usual order. I beg your permission, Your Honors.
THE PRESIDENT: Very well.
LOMAKIN: The Church of Nikolai Bogoiavlensky is the Cathedral of Leningrad. The present Patriarch Alexei lived at this church during the siege. Since I served there from July 1942 to the end of the war, I witnessed on numerous occasions artillery fire directed at the cathedral. One wonders what kind of military objectives those heroic warriors could seek in our holy church! On high feast days or ordinary Sundays immediately the artillery would begin fire. And what a fire! In the first week of Lent in 1943, from the early morning and until late at night, neither we, the clergy, nor the worshipers praying in the church could possibly leave it. Outside was death and destruction. With my own eyes I saw some fifty persons -- I don't know exactly how many -- members of my congregation, killed right near the church. They tried to leave in haste before the "all clear" signal, and death met them near the church. In this sacred cathedral I had to bury thousands of peaceful citizens torn to pieces, victims of the predatory raids of the air force and artillery. An ocean of tears was shed here during the memorial services. During one of the bombardments His Grace, our Metropolitan Alexei, escaped death by a hair's breadth, as several shell fragments smashed his cell. I should just like to add, not wishing to take up too much of your time, that it is a remarkable thing that most of the intensive artillery fire on Leningrad always took place on feast days; the houses of God, tramway stops, and hospitals were put under fire, and destroyed with all means. The homes of peaceful citizens were bombed. It would take too long, Your Honors, to relate everything which I have seen during these grim war days of blood and sorrow of the Leningradians. But I just want to say in conclusion that the Russian people and the people of Leningrad have fulfilled their duty to their fatherland to the very end. In spite of the heavy artillery fire and raids of the Luftwaffe there was organized efficiency and order, and the Orthodox Church shared this suffering.
LOMAKIN: By prayer and preaching of God's word, she brought consolation and gave courage to the hearts of the faithful. She has laid an unsparing sacrifice on the altar of the fatherland.
MR. COUNSELLOR SMIRNOV: I have no more questions to ask the witness, Mr. President.
THE PRESIDENT: Do any of the other members of the Prosecution wish to ask any question? [Each indicated that he had no questions.] Do any of the defendants' counsel wish to ask any questions? [Each indicated that he had no questions.] Then the witness can retire. [The witness left the stand.]
MR. COUNSELLOR SMIRNOV: May I say a few words by way of concluding my report?
THE PRESIDENT: You may, certainly.
MR. COUNSELLOR SMIRNOV: Your Honors, in his note of 6 January 1942 the People's Commissar for Foreign Affairs of the U.S.S.R. declared that the Soviet Government considered it their duty to inform the "entire civilized world and all honest people throughout the world" of the monstrous crimes committed by the Hitlerite bandits. In the battles of this war, the greatest ever fought by men, trillions of honest people achieved victory over fascist Germany. The will of millions of honest people created this International Tribunal for the purpose of judging the main criminals of war. Behind him each representative of the Prosecution feels the invisible support of these millions of honest people, in whose name he accuses the leaders of the fascist conspiracy. The honor of concluding the presentation of the evidence submitted by the Soviet Prosecution has fallen to my lot. I know that at this very moment millions of citizens of my country and with them millions of honest persons throughout the world await a just and speedy verdict. Your Honors, may I conclude with this.
MR. DODD: May it please the Tribunal, I have a few matters that will take just a very few minutes, with respect to the record. In the course of the presentation of the 23rd day of November 1945, pertaining to the economic aspects of the conspiracy, certain documents were read from; but they were not formally offered in evidence. At the time, the Tribunal indicated that sufficient time had not been allowed Counsel for the Defense to make an examination of these documents, and we did not offer them and said instead that we would make them available in the defendants' Information Center. We did so, and they have been there all of the time since. They should be offered formally and, as the extracts were read, there is no necessity for going through that again. They are as follows: The first one referred to in the record was one bearing the Document Number EC-14, which we offer as Exhibit USA-758. Extracts from this document were quoted on Page 297 of the record (Volume II, Page 233). The next one is Document Number EC-27, which we offer as Exhibit Number USA-759. Extracts from this document were quoted on Pages 279 and 280 of the record (Volume II, Page 221). The third one is Document Number EC-28, which we offer as Exhibit Number USA-760. Extracts from this document were quoted on Page 275 of the record (Volume II, Pages 218, 219). On that page the document was erroneously referred to as USA Exhibit 23, but the correct number is Exhibit Number USA-760. Document Number EC-174 was quoted from on pages 303 and 304 of the record (Volume II, Page 238). We offer that as Exhibit Number USA-761. Document Number EC-252 -- extracts from it were quoted on Page 303 of the record (Volume II, Page 238). We offer it as Exhibit Number USA-762. Document Number EC-257 -- extracts from this document were quoted on Page 303 of the record (Volume II, Page 237). We offer it as Exhibit Number USA-763. Document Number EC-404 -- we summarized and quoted from this document on Pages 291 and 292 of the record (Volume II, Page 229). We now offer it as Exhibit Number USA-764.
MR. DODD: Document Number D-157 was read from, on Page 288 of the record (Volume II, Page 227), and we now offer it as Exhibit Number USA-765. Document Number D-167 was summarized and extracts were quoted from it on Page 298 of the record (Volume II, Page 234), and we offer it as Exhibit Number USA-766. Document Number D-203 -- extracts from it were quoted on Pages 283 to 286 of the record (Volume II, Pages 224-226), and we offer it as Exhibit Number USA-767. Document Number D-204, which was quoted from on Pages 286 and 287 of the record (Volume II, Pages 226-227), is offered as Exhibit Number USA-768. Document Number D-206 -- extracts from this paper were quoted on Pages 297 and 298 of the record (Volume II, Page 234), and it is offered as Exhibit Number USA-769. Document Number D-317 -- extracts were quoted from it on Pages 289 and 290 of the record (Volume II, Page 227), and we offer it as Exhibit Number USA-770. Now in addition to these documents, Lieutenant Bryson, who presented the case for the Prosecution against the individual Defendant Schacht, offered in evidence Documents EC-437 and 258 in their entirety, on the condition that the French and Russian translations subsequently be filed with the Tribunal. Now, EC-437 was assigned as Exhibit Number USA-624 and EC-258 was assigned as Exhibit Number USA-625, and the Tribunal ruled on Page 2543 of the record (Volume V, Page 129) that the documents would be received in their entirety only after the translations had been completed. Copies of these documents in all four languages have been filed with the Tribunal and in the defendants' Information Center, and that was done a few weeks ago and in accordance therefore with the ruling of the Tribunal. We now offer these documents in evidence in their entirety, and we assume that they will retain the numbers Exhibit Number USA-624 and Exhibit Number USA-625.
MR. DODD: Also in the trial brief on the individual responsibility of the Defendant Schacht, which was recently submitted to the Tribunal and to the defendants' counsel, reference is made to a few documents which have not already, or heretofore, been offered in evidence. I think there is no necessity for taking the time of the Tribunal to read from these documents, and instead we have had pertinent extracts made available in German, French, Russian, and English; copies, in all the four languages have already been distributed to the Tribunal and placed in the defendants' Information Center. They are these documents, and we ask that they be received in evidence: They are: Document Number EC-384, white we offer as Exhibit Number USA-771; Document Number EC-406, offered as Exhibit -Number USA-772; Document Number EC-456, offered as Exhibit Number USA-773; Document Number EC-495, offered as Exhibit Number USA-774; Document Number EC-497, offered as Exhibit Number USA-775; and in addition an interrogation of the Defendant Schacht, dated 11 July 1945, which is one of those referred to in the trial brief as Exhibit Number USA-776; and, finally, with respect to this economic aspect of this person, we respectfully ask that the secret minutes of the meeting of the ministers, dated 30 May 1936, which are included in the set of documents, Number 1301-PS, and assigned Exhibit Number USA-123, be received in evidence in their entirety. These minutes have been made available to the Tribunal and the defendants' counsel in all four languages. I also wish to refer to Document Number 1639-PS, which we offer as...
DR. KRAUS: The Prosecution has just made the motion to accept in supplementary evidence a number of documents concerning the Defendant Schacht. These documents are contained in a supplementary volume which we received after the special case against the Defendant Schacht had been finished, even a considerable time afterwards. I do not intend to protest against this procedure; but in my opinion this procedure, if admitted by the Court, has some consequences for Defense Counsel. If this procedure is approved, we ought also to be permitted to offer evidential material on behalf of our clients after this case has been concluded and until the end of the entire presentation of evidence, if we feel that such evidential material, that is, mainly documents, should still be submitted on behalf of our clients. It is necessary that we should be in a position also to present witnesses later on, and I should like to ask the Tribunal for clarification of this.
THE PRESIDENT: Yes, Dr. Kraus, the Tribunal thinks that the Prosecution are entitled to apply, as they have applied, to have these documents admitted in evidence and, similarly, that the defendants will be entitled to apply to have any evidence which they wish offered in evidence even after the individual defendants' case has come to an end.
DR. KRAUS: Thank you, Sir.
MR. DODD: Now I wish to refer to the document bearing our Number 1639-PS, which we wish to offer as Exhibit Number USA-777. For the benefit of the Tribunal, this document is entitled Mobilization Book for the Civil Administrations and is the 1939 edition. It was published in February -- or put out in February 1939, over the signature of the Defendant Keitel as Chief of the OKW. It is classified "top secret" and was distributed in 125 copies to the highest Reich Ministries, as well as to the Army, Navy, and Air Force. In its original German the document runs to some 150 pages. We have had translated into English, Russian, and French Pages 2 to 18, which give the essential text of the document. It appears from statements in the document itself that the Mobilization Book had previously been issued and was revised annually. This particular book which we introduce, or offer to introduce, was effective the 1st day of April 1939 and thus was the operative basis, we say, for the mobilization calendar at the time the Nazis launched their aggression against Poland. However, we wish to relate it back primarily to that part of the record dealing with the Nazi plans and preparations for aggression, because the Mobilization Book , or such a Mobilization Book , had been in effect for years prior to 1939. Secondly, we say it fits in with the secret Nazi Defense Laws of 1935 and 1938, which are contained in Documents 2261-PS and 2194-PS, introduced before the Tribunal as Exhibits USA-24 and 36 respectively. Thirdly, it is another clear indication, we submit, of the Nazi plans and preparations for aggressive war. That portion of the Prosecution's case dealing with Nazi preparations for aggression was presented by Mr. Alderman of the American prosecution staff at the morning and afternoon sessions of the Tribunal on 27 November 1945 and may be found at Pages 399 to 464 of the record (Volume II, Pages 303-347).
MR. DODD: Inasmuch as this document has been translated into all four languages, we assume that it is not necessary to read it into the record; but we do wish to quote, however, directly two extracts --  rather, we will withdraw that. They are included in the translation and I see no necessity for reading it into the translation system. This document was also, I might say, referred to by the Chief Prosecutor for the United States in his opening address, and it is the only document therein referred to which has not been offered formally to the Tribunal in evidence. Thirdly, I should like to take up one other matter. I wish to move to strike out one piece of evidence offered by an American member of the Prosecution. [Mr. Dodd then quoted the evidence in question.]
THE PRESIDENT: Has the Defendant Rosenberg's counsel any objection to this being struck out of the record?
DR. THOMA: I have no objection, Sir.
THE PRESIDENT: Then it will be struck out.
MR. DODD: I have only one last matter, which I am sure I can conclude before the usual recess time. In the course of the presentation of the individual case against the Defendant Ribbentrop, our distinguished colleague Sir David Maxwell-Fyfe, the Deputy Chief British Prosecutor, introduced Document Number 3358-PS as Exhibit GB-158. This was on the 9th day of January 1946 and may be found at Page 2380 of the record (Volume V, Page 17). This document is a German Foreign Office circular dated the 25th day of January 1939, and it is on the subject of the "Jewish Question as a Factor in German Foreign Policy in the Year 1938." Sir David read portions of this document into the record, including the first sentence of the full paragraph appearing on Page 3 of the English translation of the document. I have discussed the matter with Sir David, and he has very graciously agreed that we might ask the permission of the Tribunal to add two more sentences to the quotation which he read, because we feel, and Sir David feels with us, that the additional two sentences which follow immediately the sentence which he read add something to the proof with reference to the persecution of the dews as related to Crimes against Peace. It is desired, therefore, by the Prosecution that the entire paragraph on Page 3 of the English translation of this document be considered as in evidence by the Tribunal, and in accordance with the ruling of the Tribunal generally made as to other such situations we submit now an English, German, French, and Russian translation of that entire paragraph to obviate the necessity for reading it; and the original, of course, is in the German language. It is a very brief paragraph, but I don't think that the Tribunal would care to have me read it, even to take a minute or two. It is in the record. There are only two additional sentences. It does not wrench anything from the text; in our opinion, it only adds a little to the proof. If you would like to have it read, I can do so.
TIIE PRESIDENT: Yes, I think we would.
MR. DODD: The sentence read by Sir David reads as follows: "It is certainly no coincidence that the fateful year 1938 brought nearer the solution of the Jewish question simultaneously with the realization of the 'idea of Greater Germany,' since the Jewish policy was both the basis and consequence of the events of the year 1938." That is the end of the sentence, and that is what was quoted by Sir David on the 9th day of January, at Page 2380 (Volume V, Page 17). We wish to add the following, beginning right after that sentence: "The advance made by Jewish influence and the destructive Jewish spirit in politics, economy, and culture paralyzed the strength and the will of the German people to rise again, perhaps even more than the political antagonism of the former Allied enemy powers of the World War." And this second sentence which follows immediately, as well: "The curing of this malady of the people was therefore certainly one of the most important prerequisites for exerting the force which, in the year 1938, resulted in the consolidation of the Great German Reich against the will of the world." We felt that that would add something to our proof with respect to this persecution of the Jews. Those are the only matters I have to bring up with reference to the record.
THE PRESIDENT: Some time ago I wrote to Mr. Justice Jackson on behalf of the Tribunal, asking whether a list of the persons who formed the German Staff could be submitted to the Tribunal. Has that been done?