1947-06-28, #2: Doctors' Trial (mid morning)
THE MARSHAL: The Tribunal is again in session.
THE PRESIDENT: Counsel.
DR. WEISGERBER (Representing Dr. Kaufmann, defense counsel for the defendant Rudolf Brandt): Mr. President, I have 7 supplemental documents to offer. The first is Rudolf Brandt Document #15, which will receive Exhibit number 15. This is an affidavit signed by a certain Sepp Tiefenbacher, who lived with Rudolf Brandt for many years and has much to say from his knowledge, about the manner in which Rudolf Brandt worked and lived. This affidavit bears the date of 2 April 1947. I should like to read the third paragraph I quote:
Dr. Brandt's activities are frequently overrated, owing to ignorance of the organizational structure of the SS. Brandt took down dictation from Himmler or gave it from Himmler's brief instructions. Beyond these activities he hardly exerted any influence. The clearest proof of this is the Brandt main division Hauptabteilung. It was so understaffed that it had difficulties in coping merely with the clerical work and did not posses the technical organization required to cope with Himmler's extensive field of activities. Consequently, Dr. Brandi lacked all the prequisites for assuming the role of an adviser.
I skip the next part of this affidavit, and I should like to quote again on page 2 of this document; reading the last 2 sentences of the second from last paragraph, I quote:
He has never secured or attempted to secure an advantage for himself on the basis of his official position. His widely known readiness to help others arose from His sincere and kind heart, and remained unimpaired, even when his lack of knowledge of human nature caused him various disappointments.
I ask the Tribunal to take notice of the rest of this affidavit. This document has been signed and certified in the proper manner.
The next document is Rudolf Brandt No. 16 and will also have the Exhibit number 16. This is an affidavit signed by the judge of the local court (Amtsgerichtsrat) Gerhard Herrgesell, who know Dr. Rudolf Brandt from his early school days, having gone to school with him.
It throws nuch light on ay client's personality, when somebody who has lived with hin for many years testifies about his character. I should like to quote the third paragraph of that affidavit. I quote:
I have always seen in Dr. Rudolf Brandt, as a school boy and a student, a model of industry, cleanliness and innate decorum. Through his industry he reached the highest speed in stenography when a mere school boy. As far as I remember, he had a speed of 360 syllables a minute at a schoolboys' test in the autumn of 1927 and achieved speeds of more than 300 syllables a minute in a great number of tests up to the year of 1933. Since I attained such speed in shorthand myself, I know what long, untiring industry and also what a temperate way of line is necessary in order to achieve such results. On account of his parents' simple circumstances, Dr. Rudolf Brandt led a particularly modest life during his school days and student days. This moderation enabled him to pay for all his studies out of his own earnings.
I ask the Tribunal to take notice of the rest of this affidavit. This document has been signed and certified in the proper manner.
The next affidavit which I am going to submit is Document Rudolf Brandt No. 17. It is an affidavit signed by Dr. Wilhelm Stuckart, a former State Secretary in the Reich Ministry of the Interior. Dr. Stuckart', on the basis of his former activity as State Secretary in the Reich Ministry of the Interior, is in a position to give material testimony regarding Rudolf Brandt's activity as the head of Himmler's Ministerial Office (Ministerbuero). I shall quote the first two sentences of the second paragraph of this affidavit:
I am able to judge Dr. Rudolf Brandt's position only after August 1943, and then only as far as my sphere of work at the Reich Ministry of the Interior is concerned. Under the Reich Minister of the Interior Dr. Frick there already existed a so-called Ministerial Office.
I shall skip the next sentence, and I shall continue to read paragraph 3. I quote:
When Dr. Frick was replaced by Himmler in August 1943, Himmler formed a new Ministerial Office, consisting of Dr. Brandt, two assistants, and a secretary. This Ministerial Office was not situated at the Ministry of the Interior in Berling, but at Himmler's Field Headquarters, which was in the immediate vicinity of the Fuehrer's Headquarters. Himmler demanded that ministerial affairs should be reported to him there to a considerable extent. Hence, from that time onward, the Ministerial Office became the place where the documents of the Ministry of the Interior were brought by couriers for delivery or presentation daily. Himmler, on principle, did not permit the members of the Reich Ministry of the Interior to communicate with him by telephone. Therefore, the telephone calls of the officials of the Berlin Ministry of the Interior were received by the Ministerial Office. Dr. Brandt reported them to Himmler and delivered. Himmler's decision to the official concerned in writing or by telephone. The teletype messages of the Ministry of the Interior in Berlin were also delivered to the Ministerial Office. Brandt reported on all this and informed Himmler about the matters concerned, answering again all inquiries according to the decisions of Himmler, in that he informed the Berlin Ministry about all such decisions and orders of Himmler, either through written notes or by telephone.
The volume of work of the Ministerial Office was very great. Dr. Brandt was exceptionally diligent and overburdened with work. He, himself, as director of the Ministerial Office, had no authority; neither did he posses any power of making decisions in ministerial affairs.
I, myself, was State Secretary in the Reich Ministry of the Interior.
This affidavit has been signed and certified in the proper manner.
DR. WEISGERBER (representing Dr. Kaufmann, the defense counsel for the defendant Rudolf Brandt): The next document, Your Honors, will be Rudolf Brandt No. 18.
THE PRESIDENT: Counsel, what has this document to do with the defendant Rudolf Brandt? I do not see his have mentioned in it at all.
MR. HARDY: At the same time, Your Honor, I wish that you would peruse the next document, which is Document No. 19. Those documents are apparently letters addressed to one Mr. Kersten, and the signatures of the writers or the authors of the letters are not authenticated, nor sworn to. There is merely a Notary's certificate stating that this document is a true photostatic copy of the original, which in no way renders these documents authenticated in the manner which the Tribunal has prescribed. Furthermore, I cannot see the connection and materiality of the documents in addition to that.
THE PRESIDENT: On their face, the documents have nothing whatever to do with the defendant Rudolf Brandt.
DR. WEISGERBER: Mr. President, I should like to make the following explanation in that connection: These two letters have probative value, no doubt, but how high this probative value is to be considered is a matter for the Tribunal to decide. I should like to recall that when Rudolf Brandt was examined in the witness box, he mentioned, among other matters, that he actively participated in the liberation and transfer of about 3,500 Jews from German concentration camps to Sweden. At that time an affidavit of Medizinalrat [Medical Councilor] Felix Kersten, who is the addressee here, — as Rudolf Brandt Exhibit No. 5. I thought I should submit these two letters of the Jewish World Congress, dated 15 December 1945 and 4 December 1946, to the Tribunal, because we are here concerned with a very important statement regarding this act of liberation.
If this Felix Kersten the man to whom this letter is addressed, has made an affidavit in favor of the defendant Rudolf Brandt, I ask that in support of this affidavit for Rudolf Brandt these two letters of the World Jewish Congress be admitted, because they throw light on the conditions at that time, and it is for that reason that I believe that these two documents have a certain probative value.
THE PRESIDENT: The Tribunal rules that these documents have no probative value, and they will not be received in evidence.
DR. WEISGERBER: Then I shall offer in evidence as the next document Rudolf Brandt No. 20, which will receive the exhibit number 18. This is an affidavit signed by Ludwig Pemsel. I merely offer this document in evidence, and I should like to ask the Tribunal to take notice of it without my reading any of the passages.
The last document will be Rudolf Brandt Document No. 21 as Exhibit No. 19. This is an affidavit signed by a certain Gebhardt Himmler, which also refers to the sphere of work and activities of the defendant Rudolf Brandt. This document concludes all the documents as they are contained in Rudolf Brandt's supplemental volume.
THE PRESIDENT: The Tribunal as received no copies of these documents in German. Those should be submitted to the Tribunal at some later date.
DR. WEISGERBER: Yes, Your Honor.
THE PRESIDENT: The Tribunal has just received Supplement I on behalf of the defendant Mrugowsky. Is the defendant's counsel ready to present these documents? I don't see Dr. Flemming.
MR. HARDY: Defense Counsel for defendant Weltz is ready to present his supplemental documents.
THE PRESIDENT: Do I understand that counsel for the defendant Weltzer will present these documents on behalf of the defendant Mrugowsky.
MR. HARDY: No, Your Honor, the defendant Mrugowsky's document books are not in order and ready as yet for presentation. He has several supplements, I understand, but the defense counsel for the defendant Weltz is prepared to present documents for the defendant Weltz.
THE PRESIDENT: Very well, we will proceed with the documents for the defendant Weltz. We have not as yet received the documents.
DR. WILLE (counsel for the defendant Weltz): Mr. President, I have only few affidavits which I want to offer in supplementation of my previous evidence. From the very beginning I have tried to keep my submission of evidence as brief as possible.
THE PRESIDENT: Just a moment counsel. Is the English translation of these documents available to the Tribunal?
DR. WILLE: Mr. President, I have them with me, except for one document, but I believed that they were all before the Tribunal.
THE PRESIDENT: These documents have just been handed to the Tribunal.
DR. WILLIE: May I continue, Your Honor? In supplementation of my submission of evidence, I first offer an affidavit signed by Dr. Wendt, whom I have mentioned here before. I tried once before and you, Your Honor, suggested that I submit this affidavit at the end of the entire submission of evidence. I should like to offer this document, Weltz Document No. 23, as Exhibit No. 21. The English translations have been attached.
I should not like to quote this extensive document, I believe that I can limit myself to summarizing the relevant contents in a few words.
THE PRESIDENT: Just a moment. These documents in the Document Book Weltz No. 3 are not numbered.
DR. WILLE: The document which I have just submitted was given to me by my secretary and she told me it was Document No. 23. I don't know why this supplemental volume has no numbers. That I really don't know.
THE PRESIDENT: Those numbers should be added. If you will number the original document book.
MR. HARDY: This whole presentation is only a question of one or two documents, I think, Your Honor.
THE PRESIDENT: I think that we can proceed. We can take down the numbers ourselves as they are assigned. What document number is this?
DR. WILLE: No. 23, Your Honor, Exhibit No. 21. I beg your pardon, Weltz Exhibit No. 22. In order to go sack to your objection, Your Honor, I shall immediately see to it that all these documents are given proper numbers. I am surprised by the lack of numbers, and I shall proceed to clarify the situation immediately.
I shall briefly summarize the contents of this document. Captain of the Medical Corps Wendt, who had been for many years a competent assistant of Dr. Veltz in his institute, confirms here that Weltz at no time made any suggestion to him to carry out experiments on human beings at Dachau. Rascher at that time, without any influence from Weltz, came to the institute. And he further says that Wendt himself was surprised at this. Furthermore, he confirms that Rascher showed him a telegram from Himmler which indicated that the proposed experiments had to be kept secret from everybody, including Professor Weltz. Wendt drew his conclusions and stated immediately to Rascher that he, Rasched, could no longer stay at his institute. He subsequently dictated a letter to Air Gau VII, asking that Raschcr be relieved of his assignment to his institute, Dr. Wendt in his affidavit goes on to say that the institute of Professor Weltz supplied no instruments for the later cold work carried out by Professor Holzloehner and that the furnishing of a calorimeter, which had been requested by a representative of Professor Holzloehner, was refused.
THE PRESIDENT: Counsel, this Document Book not only lacks document numbers but it lacks an index. Will you see that an index in prepared?
DR. WILLIE: I beg your pardon, Your Honor.
MR. HARDY: Your Honor, as far as I can make out, this Document Book III will be only one document, because one is a Prosecution exhibit that is already in evidence, and I don't see any sense in putting it in evidence again.
THE PRESIDENT: The Tribunal has just received the supplement, which contains only an affidavit by Dr. Wendt. Now, is the document, Counsel, to which you have just referred and given the number of Weltz Document No. 23, is that the deposition of Dr. Wendt taken on questions and answers? I assume so, but I desire the record to be clear.
DR. WILLE: Yes.
THE PRESIDENT: That may be admitted as Weltz Exhibit No. 22.
DR. WILLE: No. 21, Mr. President.
THE PRESIDENT: Counsel gave it NO. 22, but it should be 21.
MR. HARDY: It is Weltz Document No. 23, Exhibit No. 21.
DR. WILLE: Yes, I now submit a further document which is Weltz No. 24 and to which I shall give the Exhibit No. Weltz 22. It is a supplemental statement made by Dr. Wendt. For interests of brevity I need not explain this document any further. I shall limit myself to submitting it to the Tribunal.
THE PRESIDENT: The document will be received as Weltz Exhibit 22.
DR. WILLE: I now submit Weltz Document No. 15, which will be Weltz Exhibit No. 23. This is a statement by Dr. von Wers, a former associate of Professor Weltz.
THE PRESIDENT: The Tribunal does not have that document.
DR. WILLE: I am submitting this document together with two English translations.
MR. HARDY: Your Honor, I do not have a copy, but I have looked over the English copy before it was presented to you and I will not object and it may be admitted now if he will supply me with a copy after the recess.
THE PRESIDENT: Counsel will supply the Prosecution with a copy of this document in English after the recess and supply two more copies to the Tribunal.
Now, this Doctor, is Weltz Document No. 15?
DR. WILLE: Yes.
THE PRESIDENT: And what is the exhibit number assigned to it?
DR. WILLE: No. 23.
THE PRESIDENT: The document is received in evidence.
DR. DILLE: Mr. President, I have yet another document, but I have not yet received the English translation. I therefore ask the Tribunal whether I can offer this document now, supplying the English text later, or whether I should postpone the submission of that document — which is a further supplemental statement by Dr. Wendt.
THE PRESIDENT: Submit the document to the Prosecution.
MR. HARDY: This is properly notarized, but it seems to contain a good deal of information about Dr. Alexander. I see "Dr. Alexander" throughout here in the German. I would ask what the document purports to be.
THE PRESIDENT: The presentation of that document will be delayed until English translations are available to the Prosecution and the Tribunal. When they are available, the matter may be again called to the attention of the Tribunal.
DR. WILLE: I have no further documents to offer.
THE PRESIDENT: Are there any other documents on behalf of defense counsel?
DR. FRITZ (counsel for the defendant Rose): Mr. President, I could offer 12 further documents today, but I have found out that although the English and German copies are mimeographed they have not yet been bound into a volume. I have been promised that they would be done at 11:30. Therefore, I expect them to be here any minute now. I think it would be expedient for the Tribunal to wait until such time as the document books are actually in the courtroom.
THE PRESIDENT: Will the secretary of the Tribunal ascertain whether these document books are available?
THE SECRETARY: They are not yet available.
THE PRESIDENT: I understood that Dr. Flemming for the Defendant Mrugowsky had a number of documents, and we received those document books. The doctor is not present in court.
MR. HARDY: Your Honor, there are a considerable number of documents already filed in the case of Becker-Freyseng. It seems to me that the attorney for Becker-Freyseng could introduce some documents this afternoon. I have two supplemental document books with a rather extensive number of documents and it might take presumably an hour on his part to put those in.
I don't know whether he has others to present afterwards.
THE PRESIDENT: I wonder where these counsel are, whether they are available.
DR. FRITZ: Mr. President, perhaps you would permit me to go to the Defense Information Center and see whether these gentlemen are there, and at the same time I can find out how my document books are coming along.
THE PRESIDENT: Yes.
MR. HARDY: Your Honor, it would seem to me that we could get a recapitulation from defense counsel and find out just how many more document books they have to offer and how many are in the process of being translated.
If Your Honors please, if there is nothing to put in this afternoon, the Prosecution would be in a position to offer their Rebuttal Document Book No. I.
THE PRESIDENT: We will receive that this afternoon if defense counsel are not ready. In the meantime while awaiting the return of defense counsel from the Information Center, the court will be in recess for a few moments.