1947-01-28, #3: Doctors' Trial (early afternoon)

THE MARSHAL: The Tribunal is again in session.

MR. McHANEY: We come now to Count Four of the indictment which deals with membership in a criminal organization. That is paragraph 16 of the indictment. It reads as follows:

The defendants Karl Brandt, Genzken, Gebhardt, Rudolf Brandt, Mrugowsky, Poppendick, Sievers, Brack, Hoven, and Fischer are guilty of membership in an organization declared to be criminal by the International Military Tribunal in Case No. 1, in that each of the said defendants was a member of Die Schutzstaffel der National Sozialistischen Deutschen Arbeiterpartei, commonly known as the SS, after 1 September 1939. Such membership is in violation of Paragraph 1 (d) Article II of Control Council Law No. 10.

I ask the Tribunal to fake judicial notice of the following excerpt from the judgment of the International Military Tribunal in Case No. 1 with respect to the criminality of the SS. This is an excerpt which is taken from the judgment, pages 16,958 and 16,959 of the official English transcript and this excerpt has been certified as being true and correct by Colonel John E. Ray, General Secretary of the International Military Tribunal. It reads as follows:

Conclusions: The SS was utilized for purposes which were criminal under the Charter involving the persecution and extermination of the Jews, brutalities and killings in concentration camps, excesses in the administration of occupied territories, the administration of the slave labor program, and the mistreatment and murder of prisoners of war. The defendant Kaltenbrunner was a member of the SS implicated in these activities. In dealing with the SS the Tribunal includes all persons who have been officially accepted as members of the SS (including the members of the Allgemeine SS, members of the Waffen SS, members of the SS Totenkopf Verbaende, and members of any of the different police forces who were members of the SS. The tribunal does not include the so-called SS riding units. The Sicherheitsdienst des Reichsfuehrer SS (commonly known as the SP) is dealt with in the Tribunal's judgment on the Gestapo and SD.

The Tribunal declares to be criminal within the meaning of the Charter the group composed of those persons who had been officially accepted as members of the SS as enumerated in the preceding paragraph who became or remained members of the organization with knowledge that it was being used for the commission of acts declared criminal by Article 6 of the Charter, or who were personally implicated as members of the organization in the commission of such crimes, excluding, however, these who were drafted into membership by the State in such a way as to give them no choice in the matter, and who had committed no such crimes. The basis of this finding is the participation of the organization in war crimes and crimes against humanity connected with the war; this group declared criminal cannot include, therefore, persons who had ceased to belong to the organizations enumerated in the preceding paragraph prior to September 1, 1939.

The next affidavit of each of the defendants charged in Count Four of the indictment contains admissions that such defendants were members of the SS following September 1939. There is no ground for any of these defendants to assert that they fall within the exception made in the IMT's finding of criminality where it stated that those drafted in the membership of the SS shall not be considered as having belonged to the criminal organizations. That exclusion was made by the Tribunal for the reason that late in the war the evidence showed that certain members of the Waffen SS were drafted in the service much like members of the Army, the Navy, the Luftwaffe, and so forth, but aside from that exception, which were not very numerous, the SS was essentially a volunteer organization. In addition to the admission of membership in the SS as made by the defendants, the prosecution would like to submit two documents which corroborate those admissions. The first of these is a document No. NO-1437 which will be Prosecution Exhibit 438. This is a document containing excerpts from the so-called "Diensfaltersliste der Schutzstaffel der NSDAP". This is in effect an order list of certain members of the SS and this first document deals with members who held rank "SS Oberst Gruppenfuehrer" down through "SS Standartenfuehrer". The rank "SS Oberst Grupenfuehrer", I think, was held by only three men and was the highest rank in the SS other than the position held by Himmler himself as Reichsfuehrer of the SS.

"SS Standartenfuehrer" corresponds roughly to the rank of "Colonel" in the United States Army.

We see on page four of this document that the names of certain of the defendants charged with having been members of the SS are extracted in this document. I might also point out that this order list is dated 9 November 1944. We find on page four that Dr. Karl Genzken was an SS Gruppenfuehrer which was the rank roughly of a Major General in the United States Army. Genzken was No.133 on the order list of the SS. He is noted as having been attached to the SS Fuchrung Hauptamt, that is, the SS Operational Office, as chief of the Amtsgruppe D in the SS Fuehrung Hauptamt; and the Tribunal will recall that Amtsgruppe D was the medical service of the Waffen SS, the chief of which was the defendant Genzken. His Party number, that is, his Nazi Party number, is listed as 39913, a very low number, and shows early membership in the Nazi party. His SS number is 207954.

The next column shows his birth date as being June 8, 1885. The next column shows that he was a Lt. General in the Waffen SS and shows in the last group that he attained the rank of Gruppenfuehrer on January 30, 1943.

No. 134 is Doctor, Professor Karl Gebhardt, and he is shown as being attached to the D. St. Reichsarzt-SS and Police Oberster Kliniker, who was Dr. Grawitz. His Party No. was 1723317. SS. No. 265894. Date of birth December 23, 1897. Lieutenant General in the Waffen-SS. Gruppenfuhrer, January 3O, 1943.

No. 172 is Professor, Doctor Karl Brandt, and he is shown as attached to the SS Fuhrg., H.A. Party No. 1009617. SS No. 260353. Date of birth January 8, 1904. Lieutenant General in the Waffen-SS. He claimed the rank of Gruppenfuehrer on April 20, 1944.

I think it might be interesting for the Tribunal if I passed up the photostatic copy of the original list from which these extracts were taken, and you can see the manner in which the book was set up. It starts off listing No. 1., which is Henrich Himmler, and-so-forth on down.

(The book was given to the Tribunal)

MR. McHANEY: According to the rank of SS-Oberfuehrer, which is a rank between a full Colonel in the United States Army and a Brigadier General, a rank which we have designated as Senior Colonel, we find the name of Viktor Brack, No. 571. He is noted as attached to the Staff of the Reichfuehrer-SS. Party No. 173388. And a very low SS No. 1940. He was born November 9, 1904. He is listed as a Sturmbannfuehrer in the Reserve, and claimed the rank of SSOberfuehrer November 9, 1940.

No. 695 is Professor, Doctor Joachim Mrugowsky. He is shown as attached to the Reichsarzt-SS and Police. Although his position is not shown, it corresponds to that of Professor Gebhardt. Mrugowsky was the Oberster Hygieniker, the Chief Hygenic Officer. His Party No. is shown as 210049, and a low SS No. 25811. He was born August 15, 1905. He was an Oberfuehrer, and claimed the rank of Gruppenfuehrer on April 20, 1944.

Also an SS-Oberfuehrer is the defendant Helmuth Poppendick, shown as No. 721. He was attached to the Reichsarzt-SS and Police. His Party No. 998607. His SS No. 36345. His birthday is January 6, 1902. He claimed the rank of SS-Oberfuehrer on September 1, 1944.

Holding the rank of SS-Standartenfuehrer is Wolfram Sievers, with the Order No. 1096. He was attached to the Personel Staff of the ReichsfuehrerSS. Party No. 144983. SS No. 275325. Birth date, July 10, 1905. Claimed the rank of Standartenfuehrer on November 9, 1942.

Also listed as a Standartenfuehrer is the defendant Rudolf Brandt whose Order No. is 1284. He was attached to the Personal Staff of the Reichsfuehrer-SS. His Party No. 1331536, and his SS No. 129771. Date of birth, June 2, 190! He claimed the rank of Standartenfuehrer April 20, 1944.

The next Document is Document No. NO-1438, which will be Prosecution's Exhibit No.439, and this consists of extracts taken from a list similar to the one now before the Tribunal. The first page there shows the Order from SS-Obersturmbannfuehrer down to SS-Sturmbannfuehrer, and the Order List is dated 1 October 1944.

On page 4 of the Document we find listed SS-Sturmbannfuehrer, Order No. 3960, the defendant Fritz Fischer, who was attached to the 42nd Standart, which is a Regiment, as I understand it. His Party number is not listed, indicating he was not a member of the Nazi Party. His SS No. is 2O3578. He was born October 5, 1912. He was a Sturmbannfuehrer in the Reserve, and claimed his rank of Sturmbannfuehrer on August 25, 1944.

Prosecution's Exhibits Nos. 438 and 439, which I have just read covers all the defendants charged with having been members of the SS with the exception of the defendant Hoven. These two lists do not purport to contain the names of all members of the SS since they are numbered at several million, as I understand it, and the defendant Hoven's name is not included in either of these two volumes. However, he has stated in his affidavit that he was a member of the SS and was attached as camp doctor in the Concentration Camp of Ravensbruck after 1 September 1939, and this has been corroborated by the testimony of Ferdinand Roemhild and Eugen Kogon.

I come now to Document No. NO-1441, which will be Prosecution's Exhibit 440. This is an excerpt taken from a booklet called the "SS- The Soldiers' Friend". It was compiled by the SS-Hauptamt, which is the SS Central Office Main Office, dated August 1, 1942, and on the second page of this Document we find the oath which was taken by all members of the SS.

It reads as follow:

I swear allegiance and bravery to you, Adolf Hitler, as Fuehrer and Chancellor of the Reich. I vow to be obedient to you and my superiors appointed by you until death, so help me God.

DR. SERVATIUS: Mr. President, I do not know if the whole excerpts here are to be received in evidence, and what is to be the importance of the documents. In the table of contents it has been listed, and has been stated with some titles, that I do not know the contents of this article. Therefore, I would like to receive an explanation from the Prosecution as to what this document is supposed to signify.

MR. McHANEY: Frankly, I have never so much as seen the book from which this oath was taken. I simply issued instructions that a copy of the oath taken by members of the SS be obtained, and the oath was found in this booklet. As is customary when we submit only a partial translation of a document we include the cover page and generally the index. The table of contents, as given in this translation here indicates that this pamphlet deals with a variety of subjects concerning the SS. On page 1, we see an utterance of the Fuehrer, the title page; page 4, the oath of the SS which I have just read, Pages 5 to 8, personnel stating statistics, and telephone numbers. The main offices of the Reich SS and their tasks. The order on engagements and marriages, and a great number of items concerning various functions of the SS with explanatory remarks.

The only purpose for which we offer this document is to show the SS oath. The Document is apparently some 256 pages long.

JUDGE SEBRING: Mr. McHaney, I suggest that perhaps the document as handed up to us, has not been prepared in order, and that perhaps the second page, as it is here, follows the table of contents, and so far as that part of the table of contents which refers to "The oath of the SS recruit", page 4, might be material. Do I make myself clear?

MR. McHANEY: I think, if your Honor pleases, I will pass up the original which is apparently here in the court room. Although, I am not clear why since it is U. S. Exhibit 441 of the International Military Tribunal. I very seriously doubt if it can be permanently kept with the record of this Tribunal. If I may look at it just a moment I will be able to clarify your question, I think.

MR. McHANEY: I think the arrangement of the translation is probably correct. I will pass the book up to you and you can see for yourself that the oath of the SS recruit comes before the Index. It is in the nature of a pocket diary which was issued to SS men.

(Document handed to Tribunal.)

DR. SERVATIUS: I do not have any objection to the document if it is only being presented in order to show the oath which the SS man, who, after all, was fighting as a soldier, had to give.

JUDGE SEBRING: Can you say whether or not, Mr. McHaney, this books pretends to have incorporated in it any rules of land warfare if the German army had such rules?

MR. McHANEY: I can't say offhand, your Honor. By looking at the table of contents, I would conclude that it does not contain any reference to the rules of land warfare. We are offering the document simply for the purpose of proving the oath taken by SS members in which unqualified obedience is sworn to the Fuehrer and to the superiors appointed by him.

THE PRESIDENT: The exhibit offered and limited to the statement of counsel for the prosecution will be admitted in evidence.

MR. McHANEY: We come now to Document NO-1730, which I offer as Prosecution Exhibit 441. This is the transcript of an interrogation of the defendant Karl Brandt taken on 5 November 1946.

DR. SERVATIUS: Dr. Servatius, counsel for defendant Karl Brandt. Mr. President, the document which is to be presented here by the prosecution is an interrogation which has not been signed by Karl Brandt; and it has not be read to him. The time it took place was on the day when the indictment was handed to him. As a result of this, the interrogation was interrupted. This extensive document, which includes more than twenty pages, has only been handed to me this morning; and I have not yet been able to discuss it with my client. It deals with a large number of questions which are the subject of the accusation. It is for this reason that I want to object to having it admitted at this time. However, I am also objecting to the fact that it shot be presented at all. The defendant Karl Brandt will become a witness in a few days, and then the prosecution can ask him all these questions in the course of the cross examination.

Those are all of my statements.

MR. McHANEY: It is quite correct that defense counsel received this only this morning. Consequently, I would be willing to have the document admitted subject to any reasonable and more definite objection on the part of Dr. Servatius. However, the fact that the interrogation is not signed by the defendant Karl Brandt certainly does not mitigate against its admissibility. The document has been certified as being a true and correct transcript of an interrogation taken on the 5th of November, 1946, by Mr. Meyer of the Interrogation Division, the transcript having been made by an employee of the Office of Chief of Counsel, a man by the name of St. Roeder, who has certified that this is a true and correct transcript of the interrogation.

THE PRESIDENT: Do you have the original there, Mr. McHaney?

MR. McHANEY: The Interpretation Department has it right now. We'll bring it right down. The Court has been advised by Dr. Servatius' statement that his client will take the stand and that we can interrogate him then. I submit that that has nothing to do with the admissibility of this document. The prosecution is now submitting its case in chief; and we are privileged to prove certain of the facts herein admitted as part of our case in chief; and certainly we need not rely upon cross examination of the defendant Karl Brandt if and when he takes the stand.

JUDGE SEBRING: Where is Mr. Meyer at this time?

MR. McHANEY: Mr. Meyer? I suppose he is in the building. He is the interrogator who took the interrogation. However, I felt that his certification of the interrogation would add nothing to that of the stenographer who actually made the transcript. I felt that that was the critical certification.

JUDGE SEBRING: This Stefan St. Roeder was the stenographer who is supposed to have been present at the time this interrogation took place?

MR. McHANEY: Indeed, yes; the interrogation so shows on the first page.

THE PRESIDENT: The Tribunal is of the opinion that the document offer is sufficient in form to entitle it to admission in evidence; but the Tribunal does not like formally to admit the document until Dr. Servatius had an opportunity to examine it in the presence of his client, defendant Karl Brandt.

Dr. Servatius, if the Tribunal would take a recess for thirty minute could you in the presence of your client then check this over and ascertain if you have any objection to its contents?

DR. SERVATIUS: I am prepared to discuss the matter with my client during the recess.

THE PRESIDENT: How much material has the prosecution to offer this afternoon?

MR. McHANEY: This, if the Tribunal please, is the last document. As a matter of fact, if it might simplify matters somewhat, I could point out those portions of the interrogation which I wanted to make reference to. I am simply endeavoring to establish what I think will not be denied by the defendant Karl Brandt and that is that he was a member of the Reichsforschungsrat, the Reich Research Council, he had previously offered in evidence an affidavit which stated that fact, an affidavit made by Werner Osenberg; and the Tribunal refused to admit the affidavit on the ground that Osenberg was available, whereupon we did not call him to the stand and the affidavit did not go into the record. That affidavit would have proved that Brandt was a member of the Reich Research Council. By an oversight that was not included in Brandt's own personal affidavit; and, consequently, as the record now stands, there is no proof in the case in chief that he was a member of the Reich Research Council. This interrogation contains a series of around four questions which deal with that and in which the admission is made that he was a member. We also would refer to a very short answer, making reference to a certain relationship which Rostock had to the Reich Research Council. Those are the only two things that we would make reference to at this time. Of course, we are offering the document as a whole and if necessary we would perhaps use it to contradict the defendant on the stand if he made any statements inconsistent with answers given herein. But I don't think membership in the Reich Research Council will be disputed by the defendant or by Dr. Servatius.

THE PRESIDENT: Of course, the document being offered as a whole, the entire document, would be in evidence before the Tribunal; and the Tribunal desires that Dr. Servatius have a chance to examine and recheck this document with his client before it is formally admitted. Has the prosecution anything else to offer?

MR. McHANEY: No, your Honor, after this document has gone in, I would simply make a very few remarks about one or two open matters in the record; and then the prosecution is prepared to rest its case in chief.

THE PRESIDENT: The Tribunal will now recess until 3:00 o'clock. Dr. Servatius may consult with his client concerning this document. Here is the original.

(A recess was taken.)