Morning Session

THE PRESIDENT: The Tribunal has received an urgent request from the defendants’ counsel that the Trial should be adjourned at Christmas for a period of 3 weeks. The Tribunal is aware of the many interests which must be considered in a trial of this complexity and magnitude, and, as the Trial must inevitably last for a considerable time, the Tribunal considers that it is not only in the interest of the defendants and their counsel but of every one concerned in the Trial that there should be a recess. On the whole it seems best to take that recess at Christmas rather than at a later date when the Prosecution’s case has been completed. The Tribunal will therefore rise for the Christmas week and over the 1st of January, and will not sit after the session on Thursday, the 20th of December, and will sit again on Wednesday, the 2d of January.

MR. JUSTICE JACKSON: I should like, in justice to my staff, to note the American objection to the adjournment for the benefit of the defendants.

LT. COL. GRIFFITH-JONES: May it please the Tribunal, the Tribunal will return to Part III of that document book in which I included the documents relating to the earlier discussions between the German and Polish Governments on the question of Danzig. Those discussions, the Tribunal will remember, started almost immediately after the Munich crisis in September 1938, and started, in the first place, as cautious and friendly discussions until the remainder of Czechoslovakia had finally been seized in March of the following year.

I would refer the Tribunal to the first document in that part, TC-73, Number 44. That is a document taken from the official Polish White Book, which I put in as Exhibit GB-27 (a). It gives an account of a luncheon which took place at the Grand Hotel, Berchtesgaden, on the 24th of October, where Ribbentrop saw Mr. Lipski, the Polish Ambassador to Germany:

“In a conversation of the 24th of October, over a luncheon at the Grand Hotel, Berchtesgaden, at which M. Hewel was present, Von Ribbentrop put forward a proposal for a general settlement of issues between Poland and Germany. This included the reunion of Danzig with the Reich, while Poland would be assured the retention of railway and economic facilities there. Poland would agree to the building of an extra-territorial motor road and a railway line across Pomorze (northern part of the corridor). In exchange Von Ribbentrop mentioned the possibility of an extension of the Polish-German Agreement to 25 years and a guarantee of Polish-German frontiers.”

I do not think I need read the following lines. I go to the last but one paragraph:

“Finally, I said to Von Ribbentrop that I could see no possibility of an agreement involving the reunion of the Free City with the Reich. I concluded by promising to communicate the substance of this conversation to you.”

I would emphasize the submission of the Prosecution as to this part of the case and that is that the whole question of Danzig was, indeed, as Hitler has himself said, no question at all. Danzig was raised simply as an excuse, a so-called justification, not for the seizure of Danzig, but for the invasion and seizure of the whole of Poland, and we see it starting now. As we progress with the story it will become ever more apparent that that is what the Nazi Government were really aiming at—only providing themselves with some kind of crisis which would provide some kind of justification for walking into the rest of Poland.

I turn to the next document. It is again a document taken from the Polish White Book, TC-73, Number 45, which will be GB-27 (b). TC-73 will be the Polish White Book, which I shall put in later. That document sets out the instructions that Mr. Beck, the Polish Foreign Minister, gave to Mr. Lipski to hand to the German Government in reply to the suggestion put forward by Ribbentrop at Berchtesgaden on the 24th of October. I need not read the first page. The history of Polish-German relationship is set out, and the needs of Poland in respect of Danzig are emphasized. I turn to the second page of that exhibit, to Paragraph 6:

“In the circumstances, in the understanding of the Polish Government, the Danzig question is governed by two factors: The right of the German population of the city and the surrounding villages to freedom of life and development, and the fact that in all matters appertaining to the Free City as a port it is connected with Poland. Apart from the national character of the majority of the population, everything in Danzig is definitely bound up with Poland.”

It then sets out the guarantees to Poland under the existing statute, and I pass to Paragraph 7:

“Taking all the foregoing factors into consideration, and desiring to achieve the stabilization of relations by way of a friendly understanding with the Government of the German Reich, the Polish Government proposes the replacement of the League of Nations guarantee and its prerogatives by a bilateral Polish-German agreement. This agreement should guarantee the existence of the Free City of Danzig so as to assure freedom of national and cultural life to its German majority, and also should guarantee all Polish rights. Notwithstanding the complications involved in such a system, the Polish Government must state that any other solution, and in particular any attempt to incorporate the Free City into the Reich, must inevitably lead to a conflict. This would not only take the form of local difficulties, but also would suspend all possibility of Polish-German understanding in all its aspects.”

And then finally in Paragraph 8:

“In face of the weight and cogency of these questions, I am ready to have final conversations personally with the governing circles of the Reich. I deem it necessary, however, that you should first present the principles to which we adhere, so that my eventual contact should not end in a breakdown, which would be dangerous for the future.”

The first stage in those negotiations had been entirely successful from the German point of view. They had put forward a proposal, the return of the City of Danzig to the Reich, which they might well have known would have been unacceptable. It was unacceptable, and the Polish Government had warned the Nazi Government that it would be. They had offered to enter into negotiations, but they had not agreed, which is exactly what the German Government had hoped. They had not agreed to the return of Danzig to the Reich. The first stage in producing the crisis had been accomplished.

Shortly afterward, within a week or so of that taking place, after the Polish Government had offered to enter into discussions with the German Government, we find another top-secret order, issued by the Supreme Command of the Armed Forces, signed by the Defendant Keitel. It goes to the OKH, OKM, and OKW and it is headed, “The First Supplement to the Instruction Dated the 21st of October 1938”:

“The Führer has ordered: Apart from the three contingencies mentioned in the instructions of that date of 21 October 1938, preparations are also to be made to enable the Free State of Danzig to be occupied by German troops by surprise . . . .


“The preparations will be made on the following basis: Condition is a quasi-revolutionary occupation of Danzig, exploiting a politically favorable situation, not a war against Poland.”

We remember, of course, that at that moment the remainder of Czechoslovakia had not been seized and therefore they were not ready to go to war with Poland. That document does show how the German Government answered the proposal to enter into discussions. That is C-137 and will become GB-33.

On the 5th of January 1939 Mr. Beck had a conversation with Hitler. It is unnecessary to read the first part of that document, which is the next in the Tribunal’s book, TC-73, Number 48, which will become GB-34. In the first part of that conversation, of which that document is an account, Hitler offers to answer any questions. He says he has always followed the policy laid down by the 1934 agreement. He discusses the Danzig question and emphasizes that in the German view it must sooner or later return to Germany. I quote the last but one paragraph of that page:

“Mr. Beck replied that the Danzig question was a very difficult problem. He added that in the Chancellor’s suggestion he did not see any equivalent for Poland, and that the whole of Polish opinion, and not only people thinking politically but the widest spheres of Polish society, were particularly sensitive on this matter.


“In answer to this the Chancellor stated that to solve this problem it would be necessary to try to find something quite new, some new form, for which he used the term Körperschaft, which on the one hand would safeguard the interests of the German population, and on the other the Polish interests. In addition, the Chancellor declared that the Minister could be quite at ease, there would be no faits accomplis in Danzig, and nothing would be done to render difficult the situation of the Polish Government.”

The Tribunal will remember that in the very last document we looked at, on the 24th of November, orders had already been received, or issued, for preparations to be made for the occupation of Danzig by surprise; yet here he is assuring the Polish Foreign Minister that there is to be no fait accompli and he can be quite at his ease.

I turn to the next step, Document TC-73, Number 49, which will become GB-35, conversation between Mr. Beck and Ribbentrop, on the day after the one to which I have just referred between Beck and Hitler.

THE PRESIDENT: Did you draw attention to the fact that the last conversation took place in the presence of the Defendant Ribbentrop?

LT. COL. GRIFFITH-JONES: I am very obliged to you. No, I did not. As I say, it was on the next day, the 6th of January. The date in actual fact does not appear on the copy I have got in my book. It does appear in the White Book itself.

“Mr. Beck asked Ribbentrop to inform the Chancellor that whereas previously, after all his conversations and contacts with German statesmen, he had been feeling optimistic, today, for the first time he was in a pessimistic mood. Particularly in regard to the Danzig question, as it had been raised by the Chancellor, he saw no possibility whatever of agreement.”

I emphasize this last paragraph:

“In answer Ribbentrop once more emphasized that Germany was not seeking any violent solution. The basis of their policy towards Poland was still a desire for the further building up of friendly relations. It was necessary to seek such a method of clearing away the difficulties as would respect the rights and interests of the two parties concerned.”

The Defendant Ribbentrop apparently was not satisfied with that one expression of good faith. On the 25th of the same month, January 1939, some fortnight or three weeks later, he was in Warsaw and made another speech, of which an extract is set out in PS-2530, which will become GB-36:

“In accordance with the resolute will of the German national leader, the continual progress and consolidation of friendly relations between Germany and Poland, based upon the existing agreement between us, constitute an essential element in German foreign policy. The political foresight and the principles worthy of true statesmanship, which induced both sides to take the momentous decision of 1934, provide a guarantee that all other problems arising in the course of the future evolution of events will also be solved in the same spirit, with due regard to the respect and understanding of the rightful interests of both sides. Thus Poland and Germany can look forward to the future with full confidence in the solid basis of their mutual relations.”

And even so, the Nazi Government must have been still anxious that the Poles were beginning to sit up—Your Lordship will remember the expression “sit up” used in the note to the Führer—and to assume they would be the next in turn, because on the 30th of January Hitler again spoke in the Reichstag, 30th of January 1939, and gave further assurances of their good faith.

That document, that extract, was read by the Attorney General in his address, and therefore, I only put it in now as an exhibit. That is TC-73, Number 57, which will become GB-37.

That, then, brings us up to the March 1939 seizure of the remainder of Czechoslovakia and the setting up of the Protectorate of Bohemia and Moravia.

If the Tribunal will now pass to the next part, Part IV, of that document book, I had intended to refer to three documents where Hitler and Jodl were setting out the advantage gained through the seizure of the remainder of Czechoslovakia. But the Tribunal will remember that Mr. Alderman, in his closing remarks yesterday morning, dealt very fully with that matter showing what advantages they did gain by that seizure and showing on the chart that he had on the wall the immense strengthening of the German position against Poland. Therefore, I leave that matter. The documents are already in evidence, and if the Tribunal should wish to refer to them, they are found in their correct order in the story in that document book.

As soon as that occupation had been completed, within a week of marching into the rest of Czechoslovakia, the heat was beginning to be turned on against Poland.

If the Tribunal would pass to Document TC-73, which is about half way through that document book—it follows after Jodl’s lecture, which is a long document—TC-73, Number 61. It is headed: “Official Documents concerning Polish-German Relations.” This will be GB-38.

On the 21st of March Mr. Lipski again saw Ribbentrop and the nature of the conversation was generally very much sharper than that that had been held a little time back at the Grand Hotel, Berchtesgaden:

“I saw Ribbentrop today. He began by saying he had asked me to call in order to discuss Polish-German relations in their entirety.


“He complained about our press, and the Warsaw students’ demonstrations during Count Ciano’s visit.”

I think I can go straight on to the larger paragraph, which commences with “further”:

“Further, Ribbentrop referred to the conversation at Berchtesgaden between you and the Chancellor, in which Hitler put forward the idea of guaranteeing Poland’s frontiers in exchange for a motor road and the incorporation of Danzig into the Reich. He said that there had been further conversations between you and him in Warsaw”—that is, between him, of course, and Mr. Beck—“He said that there had been further conversations between you and him in Warsaw on the subject, and that you had pointed out the great difficulties in the way of accepting these suggestions. He gave me to understand that all this had made an unfavorable impression on the Chancellor, since so far he had received no positive reaction whatever on our part to his suggestions. Ribbentrop had talked to the Chancellor, only yesterday. He stated that the Chancellor was still in favor of good relations with Poland, and had expressed a desire to have a thorough conversation with you on the subject of our mutual relations. Ribbentrop indicated that he was under the impression that difficulties arising between us were also due to some misunderstanding of the Reich’s real aims. The problem needed to be considered on a higher plane. In his opinion, our two States were dependent on each other.”

I think it unnecessary that I should read the next page. Briefly, Ribbentrop emphasizes the German argument as to why Danzig should return to the Reich, and I turn to the first paragraph on the following page:

“I stated”—that is Mr. Lipski—“I stated that now, during the settlement of the Czechoslovakian question, there was no understanding whatever between us. The Czech issue was already hard enough for the Polish public to swallow, for, despite our disputes with the Czechs, they were after all a Slav people. But in regard to Slovakia, the position was far worse. I emphasized our community of race, language, and religion, and mentioned the help we had given in their achievement of independence. I pointed out our long frontier with Slovakia. I indicated that the Polish man in the street could not understand why the Reich had assumed the protection of Slovakia, that protection being directed against Poland. I said emphatically that this question was a serious blow to our relations.


“Ribbentrop reflected for a moment, and then answered that this could be discussed.


“I promised to refer to you the suggestion of a conversation between you and the Chancellor. Ribbentrop remarked that I might go to Warsaw during the next few days to talk the matter over. He advised that the talk should not be delayed, lest the Chancellor should come to the conclusion that Poland was rejecting all his offers.


“Finally, I asked whether he could tell me anything about his conversation with the Foreign Minister of Lithuania. Ribbentrop answered vaguely that he had seen Mr. Urbszys on the latter’s return from Rome, and that they had discussed the Memel question, which called for a solution.”

That conversation took place on the 21st of March. It was not very long before the world knew what the solution to Memel was. On the next day German Armed Forces marched in.

If the Tribunal would turn over—I think the next document is unnecessary—turn over to TC-72, Number 17, which becomes GB-39.

As a result of these events, not unnaturally, considerable anxiety was growing both in the government of Great Britain and the Polish Government, and the two governments therefore had been undertaking conversations with each other.

On the 31st of March, the Prime Minister, Mr. Chamberlain, spoke in the House of Commons, and he explained that as a result of the conversations that had been taking place between the British and Polish Governments—I quote from the last but one paragraph of his statement:

“As the House is aware, certain consultations are now proceeding with other governments. In order to make perfectly clear the position of His Majesty’s Government in the meantime, before those consultations are concluded, I now have to inform the House that during that period, in the event of any action which clearly threatened Polish independence and which the Polish Government accordingly considered it vital to resist with their national forces, His Majesty’s Government would feel themselves bound at once to lend the Polish Government all support in their power. They have given the Polish Government an assurance to this effect.


“I may add that the French Government have authorized me to make it plain that they stand in the same position in this matter as do His Majesty’s Government.”

On the 6th of April, a week later, a formal communiqué was issued by the Anglo-Polish Governments which repeated the assurance the Prime Minister had given a week before and in which Poland assured Great Britain of her support should she, Great Britain, be attacked. I need not read it all. In fact, I need not read any of it. I put it in. It is TC-72, Number 18. I put it in as GB-40.

The anxiety and concern that the governments of Poland and Great Britain were feeling at that time appear to have been well justified. During the same week, on the 3rd of April, the Tribunal will see in the next document an order signed by Keitel. It emanates from the High Command of the Armed Forces. It is dated Berlin, 3rd of April 1939. Its subject is: “Directive for the Armed Forces 1939-40”:

“ ‘Directive for the Uniform Preparation of War by the Armed Forces for 1939-40’ is being reissued.


“Part I (Frontier Defense) and Part III (Danzig) will be issued in the middle of April. Their basic principles remain unchanged.


“Part II, Case White”—which is the code name for the operation against Poland—“Part II, Case White, is attached herewith. The signature of the Führer will be appended later.


“The Führer has added the following directives to Case White:


“1. Preparations must be made in such a way that the operation can be carried out at any time from 1st of September 1939 onwards.”—This is in April, the beginning of April.


“2. The High Command of the Armed Forces has been directed to draw up a precise timetable for Case White and to arrange by conferences the synchronized timings among the three branches of the Armed Forces.


“3. The plans of the branches of the Armed Forces and the details for the timetable must be submitted to the OKW by the 1st of May.”

That document, as the Tribunal will see on the following page under the heading “Distribution”, went to the OKH, OKM, OKW.

THE PRESIDENT: Are those words at the top part of the document, or are they just notes?

LT. COL. GRIFFITH-JONES: They are part of the document.

THE PRESIDENT: Directives from Hitler and Keitel, preparing for war.

LT. COL. GRIFFITH-JONES: I beg your pardon; no, they are not. The document starts from under the words “Translation of a document signed by Keitel.”

THE PRESIDENT: Yes, I see.

LT. COL. GRIFFITH-JONES: The first words being “top-secret.”

If the Tribunal will look at the second page, following after “Distribution”, it will be seen that there follows a translation of another document, dated the 11th of April, and that document is signed by Hitler:

“I shall lay down in a later directive the future tasks of the Armed Forces and the preparations to be made in accordance with these for the conduct of the war.”—No question about war—“conduct of the war.”


“Until that directive comes into force, the Armed Forces must be prepared for the following eventualities:


“I. Safeguarding the frontiers of the German Reich, and protection against surprise air attacks;


“II. Case White;


“III. The Annexation of Danzig.


“Annex IV contains regulations for the exercise of military authority in East Prussia in the event of a warlike development.” Again that document goes to the OKH, OKM, OKW.

On the next page of the copy the Tribunal have, the translation of Annex I is set out, which is the safeguarding of the frontiers of the German Reich, and I would quote from Paragraph (2) under “Special Orders”:

“Legal Basis. It should be anticipated that a state of defense or a state of war, as defined in the Reich defense law of the 4th of September 1938, will not be declared. All measures and demands necessary for carrying out a mobilization are to be based on the laws valid in peacetime.”

My Lord, that document is C-120. It becomes GB-41. It contains some other later documents to which I shall refer in chronological order.

The statement of the Prime Minister in the House of Commons, followed by the Anglo-Polish communiqué of the 6th of April, was seized upon by the Nazi Government to urge on, as it were, the crisis which they were developing in Danzig between themselves and Poland.

On the 28th of April the German Government issued a memorandum in which they alleged that the Anglo-Polish Declaration was incompatible with the 1934 agreement between Poland and Germany, and that as a result of entering into or by reason of entering into that agreement, Poland had unilaterally renounced the 1934 agreement.

I would only quote three short passages, or four short passages, from that document. It is TC-72, Number 14. It becomes GB-42. Some of these passages are worth quoting, if only to show the complete dishonesty of the whole document on the face of it:

“The German Government have taken note of the Polish-British declaration regarding the progress and aims of the negotiations recently conducted between Poland and Great Britain. According to this declaration there has been concluded between the Polish Government and the British Government a temporary understanding, to be replaced shortly by a permanent agreement, which will provide for the giving of mutual assistance by Poland and Great Britain in the event of the independence of one of the two states being directly or indirectly threatened.”

Thereafter, the document sets out in the next three paragraphs the history of German friendship towards Poland. I quote from the last paragraph, Paragraph 5, on that page:

“The agreement which has now been concluded by the Polish Government with the British Government is in such obvious contradiction to these solemn declarations of a few months ago that the German Government can take note only with surprise and astonishment of such a violent and fundamental reversal of Polish policy.


“Irrespective of the manner in which its final formulation may be determined by both parties, the new Polish-British agreement is intended as a regular pact of alliance which, by reason of its general sense and of the present state of political relations, is directed exclusively against Germany. From the obligation now accepted by the Polish Government, it appears that Poland intends, in certain circumstances, to take an active part in any possible German-British conflict, in the event of aggression against Germany, even should this conflict not affect Poland and her interests. This is a direct and open blow against the renunciation of all use of force contained in the 1934 declaration.”

I think I can omit Paragraph 6. Paragraph 7:

“The Polish Government, however, by their recent decision to accede to an alliance directed against Germany, have given it to be understood that they prefer a promise of help by a third power to the direct guarantee of peace by the German Government. In view of this, the German Government are obliged to conclude that the Polish Government do not at present attach any importance to seeking a solution of German-Polish problems by means of direct, friendly discussion with the German Government. The Polish Government have thus abandoned the path, traced out in 1934, to the shaping of German-Polish relations.”

All this would sound very well, if it had not been for the fact that orders for the invasion of Poland had already been issued and the Armed Forces had been told to draw up a precise timetable.

The document goes on to set out the history of the last negotiations and discussions. It sets out the demands of the 21st, which the German Government had made; the return of Danzig, the Autobahn, the railway, the promise by Germany of the 25 years’ guarantee, and I go down to the last but one paragraph on Page 3 of the Exhibit, under the heading (1):

“The Polish Government did not avail themselves of the opportunity offered to them by the German Government for a just settlement of the Danzig question; for the final safeguarding of Poland’s frontiers with the Reich and thereby for permanent strengthening of the friendly, neighborly relations between the two countries. The Polish Government even rejected German proposals made with this object.


“At the same time the Polish Government accepted, with regard to another state, political obligations which are not compatible either with the spirit, the meaning, or the text of the German-Polish declaration of the 26th of January 1934. Thereby, the Polish Government arbitrarily and unilaterally rendered this declaration null and void.”

In the last paragraph the German Government says that, nevertheless, they are prepared to continue friendly relations with Poland.

On the same day as that memorandum was issued Hitler made a speech in the Reichstag, 28 April, in which he repeated, in effect, the terms of the memorandum. This is Document TC-72, Number 13, which becomes GB-43. I would only refer the Tribunal to the latter part of the second page of the translation. He has again repeated the demands and offers that Germany made in March, and he goes on to say that the Polish Government have rejected his offer and lastly:

“I have regretted greatly this incomprehensible attitude of the Polish Government. But that alone is not the decisive fact. The worst is that now Poland, like Czechoslovakia a year ago, believes under the pressure of a lying international campaign, that it must call up troops although Germany, on her part, has not called up a single man and had not thought of proceeding in any way against Poland. As I have said, this is, in itself, very regrettable and posterity will one day decide whether it was really right to refuse the suggestion made this once by me. This, as I have said, was an endeavor on my part to solve a question which intimately affects the German people by a truly unique compromise and to solve it to the advantage of both countries. According to my conviction, Poland was not a giving party in this solution at all, but only a receiving party, because it should be beyond all doubt that Danzig will never become Polish. The intention to attack, on the part of Germany, which was merely invented by the international press, led, as you know, to the so-called guarantee offer and to an obligation on the part of the Polish Government for mutual assistance . . . .”

It is unnecessary, My Lord, to read more of that. It shows us, as I say, how completely dishonest was everything that the German Government was saying at that time. There was Hitler, probably with a copy of the orders for Fall Weiss in his pocket as he spoke, saying that the intention to attack, by Germany, was an invention of the international press.

In answer to that memorandum and that speech the Polish Government issued a memorandum on the 28th of April. It is set out in the next exhibit, TC-72, Number 16, which becomes GB-44. It is unnecessary to read more than . . .

THE PRESIDENT: It is stated as the 5th of May, not the 28th of April.

LT. COL. GRIFFITH-JONES: I beg your pardon, yes, on the 5th of May.

It is unnecessary to read more than two short paragraphs from that reply. I can summarize the document in a word. It sets out the objects of the 1934 agreement: to renounce the use of force and to carry on friendly relationship between the two countries, to solve difficulties by arbitration and other friendly means. The Polish Government appreciate that there are difficulties about Danzig and have long been ready to carry out discussions. They set out again their part in the recent discussions, and I turn to the second page of the document, the one but last paragraph or, perhaps, I should go back a little to the top of that page, the first half of that page. The Polish Government allege that they wrote, as indeed they did, to the German Government on the 26th of March giving their point of view, that they then proposed joint guarantees by the Polish and German Governments of the City of Danzig based on the principles of freedom for the local population in internal affairs. They said they were prepared to examine the possibilities of a motor road and railway facilities and that they received no reply to those proposals:

“It is clear that negotiations in which one state formulates demands and the other is to be obliged to accept those demands unaltered, are not negotiations in the spirit of the declaration of 1934 and are incompatible with the vital interests and dignity of Poland.”

Which, of course, in a word summarizes the whole position of the Polish point of view. And thereafter they reject the German accusation that the Anglo-Polish agreement is incompatible with the 1934 German-Polish agreement. They state that Germany herself has entered into similar agreements with other nations and lastly, on the next page, they too say that they are still willing to entertain a new pact with Germany, should Germany wish to do so.

If the Tribunal would turn back to the Document C-120, to the first two letters, to which I referred only a few minutes ago, it becoming GB-41. On the bottom of the page there is a figure 614, on the first page of that exhibit, “Directives from Hitler and Keitel Preparing for War and the Invasion of Poland”. I would refer to Page 6 of that particular exhibit. The page number will be found at the bottom of the page, in the center. It is a letter from the Supreme Commander of the Armed Forces, signed by Hitler and dated the 10th of May. It goes to OKW, OKH, OKM, various branches of the OKW and with it apparently were enclosed “Instructions for the Economic War and the Protection of Our Own Economy.” I only mention it now to show better that throughout this time preparations for the immediate aggression were continuing. That document will still be part of the same exhibit.

Again on the next page, which is headed Number C-120(1), I am afraid this is a précis only, not a full translation and therefore, perhaps, I will not read it. But it is the annex, showing the “Directives for the War against the Enemy Economy and Measures of Protection for Our Own Economy.”

As we will see later, not only were the military preparations being carried out throughout these months and weeks, but economic and every other kind of preparation was being made for war at the earliest moment.

I think this period of preparation, translated up to May 1939, finishes really with that famous meeting or conference in the Reich Chancellery on the 23rd of May about which the Tribunal has already heard. It was L-79 and is now Exhibit USA-27; and it was referred to, I think, and has been known as the “Schmundt minutes.” It is the last document which is in the Tribunal’s document book of this part and I do not propose to read anything of it. It has been read already and the Tribunal will remember that it was the speech in which Hitler was crying out for Lebensraum and said that Danzig was not the dispute at all. It was a question of expanding their living space in the East, where he said that the decision had been taken to attack Poland.

THE PRESIDENT: Would you remind me of the date of it?

LT. COL. GRIFFITH-JONES: The 23rd of May 1939. Your Lordship will remember that Göring, Raeder, and Keitel, among many others, were present. It has three particular lines of which I want to remind the Tribunal, where he said:

“If there were an alliance of France, England, and Russia against Germany, Italy, and Japan, I would be constrained to attack England and France with a few annihilating blows. The Führer doubts the possibility of a peaceful settlement with England.”

So that, not only has the decision been taken definitely to attack Poland, but almost equally definitely to attack England and France, also.

I pass to the next period, which I have described as the final preparations taken from June up to the beginning of the war, at the beginning of September—Part V of the Tribunal’s document book. If the Tribunal will glance at the index to the document book, they will find I have, for convenience, divided the evidence up under four subheadings:

Final preparations of the Armed Forces; economic preparation; the famous Obersalzberg speeches; and the political or diplomatic preparations urging on the crisis and the justification for the invasion of Poland.

I refer the Tribunal to the first document in that book, dealing with the final preparations of the Armed Forces. It again is an exhibit containing various documents, and I refer particularly to the second document, dated the 22d of June 1939. This is Document C-126, which will become GB-45.

It will be remembered that a precise timetable had been called for. Now, here it is:

“The Supreme Command of the Armed Forces has submitted to the Führer and Supreme Commander, a ‘preliminary timetable’ for Case White based on the particulars so far available from the Navy, Army, and Air Force. Details concerning the days preceding the attack and the start of the attack were not included in this timetable.


“The Führer and Supreme Commander is, in the main, in agreement with the intentions of the Navy, Army, and Air Force and made the following comments on individual points:


“1. In order not to disquiet the population by calling up reserves on a larger scale than usual for the maneuvers scheduled for 1939, as is intended, civilian establishments, employers or other private persons who make inquiries should be told that men are being called up for the autumn maneuvers and for the exercise units it is intended to form for these maneuvers.


“It is requested that directions to this effect be issued to subordinate establishments.”

All this became relevant, particularly relevant, later when we find the German Government making allegations of mobilization on the part of the Poles. Here we have it in May, or rather June—they are mobilizing, only doing so secretly:

“2. For reasons of security, the clearing of hospitals in the area of the frontier must not be carried out.”

If the Tribunal will turn to the top of the following page, it will be seen that that order is signed by the Defendant Keitel. I think it is unnecessary to read any further from that document. There is—which perhaps will save turning back, if I might take it rather out of date now—the first document on that front page of that exhibit, a short letter dated the 2d of August. It is only an extract, I am afraid, as it appears in the translation:

“Attached are operational directions for the employment of U-boats which are to be sent out to the Atlantic, by way of precaution, in the event of the intention to carry out Case White remaining unchanged. Commander, U-boats is handing in his operation orders by the 12th of August to the operations staff of the Navy.”

One must assume that the Defendant Dönitz knew that his U-boats were to go out into the Atlantic “by way of precaution in the event of the intention to carry out Case White remaining unchanged.”

I turn to the next document in the Tribunal’s book, C-30, which becomes GB-46. That is a letter dated the 27th of July. It contains orders for the air and sea forces for the occupation of the German Free City of Danzig:

“The Führer and Supreme Commander of the Armed Forces has ordered the reunion of the German Free State of Danzig with the Greater German Reich. The Armed Forces must occupy Danzig Free State immediately in order to protect the German population. There will be no hostile intention on the part of Poland so long as the occupation takes place without the force of arms.”

It then sets out how the occupation is to be effected. All this again becomes more relevant when we discuss the diplomatic action of the last few days before the war, when Germany was purporting to make specious offers for the settlement of the question by peaceful means. I would like to offer this as evidence that the decision had been taken and nothing was going to move him from that decision. That document, as set out, says that, “There will be no hostile intention on the part of Poland so long as the occupation takes place without the force of arms.” Nevertheless, that was not the only condition upon which the occupation was to take place and we find that during July, right up to the time of the war, steps were being taken to arm the population of Danzig and to prepare them to take part in the coming occupation.

I refer the Tribunal to the next Document, TC-71, which becomes GB-47, where there are set out a few only of the reports which were coming back almost daily during this period from Mr. Shepherd, the Consul-General in Danzig, to the British Foreign Minister. The sum total of those reports can be found in the British Blue Book. I now would refer to only two of them as examples of the kind of thing that was happening.

I refer to the first that appears on that exhibit, dated the 1st of July 1939.

“Yesterday morning four German army officers in mufti arrived here by night express from Berlin to organize Danzig Heimwehr. All approaches to hills and dismantled forts, which constitute a popular public promenade on the western fringe of the city, have been closed with barbed wire and ‘verboten’ notices. The walls surrounding the shipyards bear placards: ‘Comrades keep your mouths shut lest you regret consequence.’


“Master of British steamer High Commissioner Wood, while he was roving Königsberg from the 28th of June to 30th of June, observed considerable military activity, including extensive shipment of camouflaged covered lorries and similar material, by small coasting vessels. On the 28th of June four medium-sized steamers, loaded with troops, lorries, field kitchens, and so forth, left Königsberg ostensibly returning to Hamburg after maneuvers, but actually proceeding to Stettin. Names of steamers . . . .”

And again, as another example, the report Number 11, on the next page of the exhibit, dated the 10th of July, states:

“The same informant, whom I believe to be reliable, advises me that on the 8th of July, he personally saw about 30 military lorries with East Prussian license numbers on the Bischofsberg, where numerous field kitchens had been placed along the hedges. There were also eight large antiaircraft guns in position, which he estimated as being of over 3-inch caliber, and three six-barreled light antiaircraft machine guns. There were about 500 men, drilling with rifles, and the whole place is extensively fortified with barbed wire.”

I do not think it is necessary to occupy the Tribunal’s time in reading more. Those, as I say, are two reports only, of a number of others that can be found in the British Blue Book, which sets out the arming and preparation of the Free City of Danzig.

On the 12th of August and the 13th of August, when preparations were practically complete—and it will be remembered that they had to be complete for an invasion of Poland on the 1st of September—we find Hitler and the Defendant Ribbentrop at last disclosing their intentions to their allies, the Italians.

One of the passages in Hitler’s speech of the 23rd of May, it will be remembered—I will not quote it now because the document has been read before. However, in a passage in that speech Hitler, in regard to his proposed attack on Poland, had said, “Our object must be kept secret even from the Italians and the Japanese.”

Now, when his preparations are complete, he discloses his intentions to his Italian comrades, and does so in hope that they will join him.

The minutes of that meeting are long, and it is not proposed to read more than a few passages. The meeting can be summarized generally by saying, as I have, that Hitler is trying to persuade the Italians to come into the war with him. The Italians, or Ciano, rather, is most surprised. He had no idea, as he says, of the urgency of the matter; and they are not prepared. He, therefore, is trying to dissuade Hitler from starting off so soon until the Duce can have had a little more time to prepare himself.

The value—perhaps the greatest value—of the minutes of that meeting is that they show quite clearly the German intention to attack England and France ultimately, anyway, if not at the same time as Poland.

I refer the Tribunal to the second page of the exhibit. Hitler is trying to show the strength of Germany, the certainty of winning the war; and, therefore, he hopes to persuade the Italians to come in:

“At sea, England had for the moment no immediate reinforcements in prospect.”—I quote from the top of the second page.—“Some time would elapse before any of the ships now under construction could be taken into service. As far as the land army was concerned, after the introduction of conscription 60,000 men had been called to the colors.”

I quote this passage particularly to show the intention to attack England. We have been concentrating rather on Poland, but here his thoughts are turned entirely towards England:

“If England kept the necessary troops in her own country she could send to France, at the most, two infantry divisions and one armored division. For the rest she could supply a few bomber squadrons, but hardly any fighters, since, at the outbreak of war, the German Air Force would at once attack England and the English fighters would be urgently needed for the defense of their own country.


“With regard to the position of France, the Führer said that in the event of a general war, after the destruction of Poland—which would not take long—Germany would be in a position to assemble a hundred divisions along the West Wall and France would then be compelled to concentrate all her available forces from the colonies, from the Italian frontier and elsewhere, on her own Maginot Line for the life and death struggle which would then ensue. The Führer also thought that the French would find it no easier to overrun the Italian fortifications than to overrun the West Wall. Here Count Ciano showed signs of extreme doubt.”—Doubts which, perhaps, in view of the subsequent performances, were well justified.


“The Polish Army was most uneven in quality. Together with a few parade divisions, there were large numbers of troops of less value. Poland was very weak in antitank and antiaircraft defense and at the moment neither France nor England could help her in this respect.”

What this Tribunal will appreciate, of course, is that Poland formed such a threat to Germany on Germany’s eastern frontier.

“If, however, Poland were given assistance by the Western Powers over a longer period, she could obtain these weapons and German superiority would thereby be diminished. In contrast to the fanatics of Warsaw and Kraków, the population of their areas is indifferent. Furthermore, it was necessary to consider the position of the Polish State. Out of 34 million inhabitants, one and one-half million were German, about four million were Jews, and approximately nine million Ukrainians, so that genuine Poles were much less in number than the total population and, as already said, their striking power was to be valued variably. In these circumstances Poland could be struck to the ground by Germany in the shortest time.


“Since the Poles, through their whole attitude, had made it clear that in any case, in the event of a conflict, they would stand on the side of the enemies of Germany and Italy, a quick liquidation at the present moment could only be of advantage for the unavoidable conflict with the Western Democracies. If a hostile Poland remained on Germany’s eastern frontier, not only would the 11 East Prussian divisions be tied down; but also further contingents would be kept in Pomerania and Silesia. This would not be necessary in the event of a previous liquidation.”

The argument goes on on those lines.

I pass on to the next page, at the top of the page:

“Coming back to the Danzig question, the Führer said to Count Ciano that it was impossible for him to go back now. He had made an agreement with Italy for the withdrawal of the Germans from South Tyrol, but for this reason he must take the greatest care to avoid giving the impression that this Tyrolese withdrawal could be taken as a precedent for other areas. Furthermore, he had justified the withdrawal by pointing to a general easterly and northeasterly direction of a German policy. The east and northeast, that is to say the Baltic countries, had been Germany’s undisputed sphere of influence since time immemorial, as the Mediterranean had been the appropriate sphere for Italy. For economic reasons also, Germany needed the foodstuffs and timber from these eastern regions.”

Now we get the truth of this matter. It is not the persecution of German minorities on the Polish frontiers, but the economic reasons, the need for foodstuffs and timber from Poland:

“In the case of Danzig, German interests were not only material, although the city had the greatest harbor in the Baltic—the transshipment by tonnage was 40 percent of that of Hamburg—but Danzig was a Nuremberg of the north, an ancient German city awaking sentimental feelings for every German, and the Führer was bound to take account of this psychological element in public opinion. To make a comparison with Italy, Count Ciano should suppose that Trieste was in Yugoslav hands and that a large Italian minority was being treated brutally on Yugoslav soil. It would be difficult to assume that Italy would long remain quiet over anything of this kind.


“Count Ciano, in replying to the Führer’s statement, first expressed the great surprise on the Italian side over the completely unexpected seriousness of the position. Neither in the conversations in Milan nor in those which took place during his Berlin visit had there been any sign, from the German side, that the position with regard to Poland was so serious. On the contrary, the Minister of Foreign Affairs had said that in his opinion the Danzig question would be settled in the course of time. On these grounds, the Duce, in view of his conviction that a conflict with the Western Powers was unavoidable, had assumed that he should make his preparations for this event; he had made plans for a period of 2 or 3 years. If immediate conflict was unavoidable, the Duce, as he had told Ciano, would certainly stand on the German side; but for various reasons he would welcome the postponement of a general conflict until a later time.”

No question of welcoming the cancellation of a general conflict; the only concern of anybody is as to time.

“Ciano then showed, with the aid of a map, the position of Italy in the event of a general war. Italy believed that a conflict with Poland would not be limited to that country but would develop into a general European war.”

Thereafter, during the meeting, Ciano goes on to try to dissuade Hitler from any immediate action. I quote two lines from the argument at the top of Page 5 of the exhibit:

“For these reasons the Duce insisted that the Axis Powers should make a gesture which would reassure people of the peaceful intentions of Italy and Germany.”

Then we get the Führer’s answer to those arguments, half-way down Page 5:

“The Führer answered that for a solution of the Polish problem no time should be lost; the longer one waited until the autumn, the more difficult would military operations in eastern Europe become. From the middle of September weather conditions made air operations hardly possible in these areas, while the conditions of the roads, which were quickly turned into a morass by the autumn rains, would be such as to make them impossible for motorized forces. From September to May, Poland was a great marsh and entirely unsuited for any kind of military operations. Poland could, however, occupy Danzig in October . . . and Germany would not be able to do anything about it since they obviously could not bombard or destroy the place.”

They couldn’t possibly bombard or destroy any place where there happened to be Germans living. Warsaw, Rotterdam, England, London—I wonder whether any sentiments of that kind were held in consideration in regard to those places.

“Ciano asked how soon, according to the Führer’s view, the Danzig question must be settled. The Führer answered that this settlement must be made one way or another by the end of August. To the question of Ciano as to what solution the Führer proposed, Hitler answered that Poland must give up political control of Danzig, but that Polish economic interests would obviously be reserved and that Polish general behavior must contribute to a general lessening of the tension. He doubted whether Poland was ready to accept this solution since, up to the present, the German proposals had been refused. The Führer had made this proposal personally to Beck, at his visit to Obersalzberg. They were extremely favorable to Poland. In return for the political surrender of Danzig, under a complete guarantee of Polish interests, and the establishment of a connection between East Prussia and the Reich, Germany would have given a frontier guarantee, a 25-year pact of friendship, and the participation of Poland in influence over Slovakia. Beck had received the proposal with the remark that he was willing to examine it. The plain refusal of it came only as a result of English intervention. The general Polish aims could be seen clearly from the press. They wanted the whole of East Prussia, and even proposed to advance to Berlin . . . .”—That was something quite different.

The meeting was held over that night, and it continued on the following day.

On Page 7, in the middle of the page, it will be seen:

“The Führer had therefore come to two definite conclusions: (1) in the event of any further provocation, he would immediately attack; (2) if Poland did not clearly and plainly state her political intention, she must be forced to do so.”

I go to the last line on that page:

“As matters now stand, Germany and Italy would simply not exist further in the world through the lack of space; not only was there no more space, but existing space was completely blockaded by its present possessors; they sat like misers with their heaps of gold and deluded themselves about their riches . . . . The Western Democracies were dominated by the desire to rule the world and would not regard Germany and Italy as in their class. This psychological element of contempt was perhaps the worst thing about the whole business. It could only be settled by a life and death struggle which the two Axis partners could meet more easily because their interests did not clash on any point.


“The Mediterranean was obviously the most ancient domain for which Italy had a claim to predominance. The Duce himself . . . had summed up the position to him in the words that Italy, because of its geographic location, was already the dominant power in the Mediterranean. On the other hand, the Führer said that Germany must take the old German road eastwards and that this road was also desirable for economic reasons, and that Italy had geographical and historical claims to permanency in the Mediterranean. Bismarck . . . had recognized it and had said as much in his well-known letter to Mazzini. The interests of Germany and Italy went in quite different directions and there never could be a conflict between them.


“The Minister of Foreign Affairs added that if the two problems mentioned in yesterday’s conversations were settled, Italy and Germany would have their backs free for work against the West. The Führer said that Poland must be struck down so that for 10 years”—there appears to have been a query raised in the translation—“for so many years long she would have been incapable of fighting. In such a case, matters in the west could be settled.


“Ciano thanked the Führer for his extremely clear explanation of the situation. He had, on his side, nothing to add and would give the Duce full details. He asked for more definite information on one point, in order that the Duce might have all the facts before him. The Duce might indeed have to make no decision because the Führer believed that the conflict with Poland could be localized. On the basis of long experience he”—Ciano—“quite saw that so far the Führer had always been right in his judgment of the position. If, however, Mussolini had no decision to make, he had to take certain measures of precaution, and therefore Ciano would put the following question:


“The Führer had mentioned two conditions under which he would take Poland: (1) if Poland were guilty of serious provocation, and (2) if Poland did not make her political position clear. The first of these conditions did not depend on the decision of the Führer, and German reaction would follow in a moment. The second condition required certain decisions as to time. Ciano therefore asked what was the date by which Poland must have satisfied Germany about her political condition. He realized that this date depended upon climatic conditions.


“The Führer answered that the decision of Poland must be made clear at the latest by the end of August. Since, however, the decisive part of military operations against Poland could be carried out within a period of 14 days, and the final liquidation would need another . . . 4 weeks, it could be finished at the end of September or the beginning of October. These could be regarded as the dates. It followed, therefore, that the last date on which he could begin to take action was the end of August.


“Finally, the Führer reassured Ciano that since his youth he had favored German-Italian co-operation, and that no other view was expressed in his publications. He had always thought that Germany and Italy were naturally suited for collaboration, since there were no conflicts of interest between them. He was personally fortunate to live at a time in which, apart from himself, there was one other statesman who would stand out great and unique in history; that he could be this man’s friend was for him a matter of great personal satisfaction, and if the hour of common battle struck, he would always be found on the side of the Duce for better or for worse.”

THE PRESIDENT: We might adjourn now for 10 minutes.

[A recess was taken.]

LT. COL. GRIFFITH-JONES: If the Tribunal please, I never actually put that last document that I was referring to in as an exhibit. It is Document TC-77, which becomes GB-48.

Having referred the Tribunal to those documents showing that the military preparations were throughout the whole period in hand and nearing their completion, I would refer to one letter from the Defendant Funk, showing that at the same time the economists had not been idle. It is a letter dated the 26th of August 1939, in which Funk is writing to his Führer. He says:

“My Führer! I thank you sincerely and heartily for your most friendly and kind wishes on the occasion of my birthday. How happy and how grateful to you we ought to be for being granted the favor of experiencing these overwhelmingly great and world-changing times and taking part in the mighty events of these days.


“The information given to me by Field Marshal Göring, that you, my Führer, yesterday evening approved in principle the measures prepared by me for financing the war and for shaping the relationship between wages and prices and for carrying through emergency sacrifices, made me deeply happy. I hereby report to you, with all respect, that I have succeeded by means of precautions taken during the last few months in making the Reich Bank internally so strong and externally so unassailable that even the most serious shocks in the international money and credit market cannot affect us in the least. In the meantime, I have quite inconspicuously changed into gold all the assets of the Reich Bank and of the whole of the German economy abroad on which it was possible to lay hands. Under the proposals I have prepared for a ruthless elimination of all consumption which is not of vital importance and of all public expenditure and public works which are not of importance for the war effort, we will be in a position to cope with all demands on finance and economy without any serious shocks. I have considered it my duty as the general plenipotentiary for economy, appointed by you, to make this report and solemn promise to you, my Führer. Heil my Führer”—signed—“Walter Funk.”

That document is PS-699, and it goes in as GB-49.

It is difficult in view of that letter to see how the Defendant Funk can say that he did not know of the preparations and of the intentions of the German Government to wage war.

I come now to the speech which Hitler made on the 22d of August at Obersalzberg to his commanders-in-chief. By the end of the third week of August, preparations were complete. That speech has already been read to the Tribunal. I would, perhaps, ask the Tribunal’s patience if I quoted literally half a dozen lines so as to carry the story on in sequence.

On the first page of PS-1014, which is already USA-30, the fourth line:

“Everybody shall have to make a point of it that we were determined from the beginning to fight the Western Powers.”

The second paragraph:

“Destruction of Poland is in the foreground. The aim is the elimination of living forces, not the arrival at a certain line. Even if war should break out in the West, the destruction of Poland shall be the primary objective.”

Again, the famous sentence in the third paragraph:

“I shall give a propagandists cause for starting the war, never mind whether it be plausible or not. The victor shall not be asked later on whether he told the truth or not. In starting and making a war, not the right is what matters but victory.”

We are going to see only too clearly how that propagandistic cause, which already had been put in hand, was brought to its climax.

I turn to the next page (798-PS, USA-29), the third paragraph:

“It was clear to me that a conflict with Poland had to come sooner or later. I had already made this decision in the spring, but I thought that I would first turn against the West in a few years, and only afterwards against the East.”

I refer to these passages again particularly to emphasize the intention of the Nazi Government, not only to conquer Poland, but ultimately, in any event, to wage aggressive war against the Western Democracies.

I refer lastly to the last page, a passage which becomes more and more significant as we continue the story of the last few days: I quote from the fourth paragraph:

“We need not be afraid of a blockade. The East will supply us with grain, cattle, coal, lead, and zinc. It is a big aim, which demands great efforts. I am only afraid that at the last minute some ‘Schweinehund’ will make a proposal for mediation.


“The political aim is set farther. A beginning has been made for the destruction of England’s hegemony. The way is open for the soldier, after I have made the political preparations.”

And, again, the very last line becomes significant later:

“Göring answers with thanks to the Führer and the assurance that the Armed Forces will do their duty.”

We pass from the military-economic preparations and his exhortations to his generals to see how he was developing the position in the diplomatic and political field.

On the 23rd of August 1939 the Danzig Senate passed a decree whereby Gauleiter Forster was appointed head of the State of the Free City of Danzig, a position which did not exist under the statute setting up the constitution of the Free City. I put in the next document, which is taken from the British Blue Book, only as evidence of that event, an event that was, of course, aimed at stirring up the feeling in the Free City at that time. That is TC-72, Number 62, which becomes GB-50.

At the same time, frontier incidents were being manufactured by the Nazi Government with the aid of the SS. The Tribunal has already heard the evidence of General Lahousen the other day in which he referred to the provision of Polish uniforms to the SS forces for these purposes, so that dead Poles could be found lying about the German side of the frontier. I refer the Tribunal now to three short reports which corroborate the evidence that that gentleman came and gave before you, and they are found in the British Blue Book. They are reports from the British Ambassador in Warsaw.

The first of them, TC-72, Number 53, which becomes GB-51, is dated 26th of August.

“A series of incidents again occurred yesterday on German frontier.


“Polish patrol met a party of Germans one kilometer from the East Prussian frontier near Pelta. Germans opened fire. Polish patrol replied, killing leader, whose body is being returned.


“German bands also crossed Silesian frontier near Szczyglo, twice near Rybnik, and twice elsewhere, firing shots and attacking blockhouses and customs posts with machine guns and hand grenades. Poles have protested vigorously to Berlin.


“Gazeta Polska, in an inspired lead article today, says these are more than incidents. They are clearly prepared acts of aggression of para-military disciplined detachments, supplied with regular army’s arms, and in one case it was a regular army detachment. Attacks more or less continuous.


“These incidents did not cause Poland to forsake calm and strong attitude of defense. Facts spoke for themselves and acts of aggression came from German side. This was the best answer to the ravings of German press.


“Ministry for Foreign Affairs state uniformed German detachment has since shot a Pole across frontier and wounded another.”

I pass to the next report, TC-72, Number 54, which becomes GB-52. It is dated the same date, the 26th of August.

“Ministry for Foreign Affairs categorically deny story recounted by Hitler to the French Ambassador that 24 Germans were recently killed at Lodz and eight at Bielsko. The story is without any foundation whatever.”

And lastly, TC-72, Number 55, which becomes GB-53, the report of the next day, the 27th of August.

“So far as I can judge, German allegations of mass ill-treatment of German minority by Polish authorities are gross exaggeration, if not complete falsification.


“2. There is no sign of any loss of control of situation by Polish civil authorities. Warsaw, and so far as I can ascertain, the rest of Poland is still completely calm.


“3. Such allegations are reminiscent of Nazi propaganda methods regarding Czechoslovakia last year.


“4. In any case it is purely and simply deliberate German provocation in accordance with fixed policy that has since March”—since the date when the rest of Czechoslovakia was seized and they were ready to go against Poland—“that has since March exacerbated feeling between the two nationalities. I suppose this has been done with the object:


“(a) Creating war spirit in Germany, (b) impressing public opinion abroad, (c) provoking either defeatism or apparent aggression in Poland.


“5. It has signally failed to achieve either of the two latter objects.


“6. It is noteworthy that Danzig was hardly mentioned by Herr Hitler.


“7. German treatment of Czech Jews and Polish minority is apparently negligible factor compared with alleged sufferings of Germans in Poland where, be it noted, they do not amount to more than 10 per cent of the population in any commune.


“8. In the face of these facts it can hardly be doubted that, if Herr Hitler decided on war, it is for the sole purpose of destroying Polish independence.

“9. I shall lose no opportunity of impressing on Minister for Foreign Affairs necessity of doing everything possible to prove that Hitler’s allegations regarding German minority are false.”

And yet, again, we have further corroboration of General Lahousen’s evidence in a memorandum, which has been captured, of a conversation between the writer and Keitel. It is 795-PS, and it becomes GB-54. That conversation with Keitel took place on the 17th of August, and from the memorandum I quote the first paragraph:

“I reported my conference with Jost to Keitel. He said that he would not pay any attention to this action, as the Führer had not informed him, and had only let him know that we were to furnish Heydrich with Polish uniforms. He agrees that I instruct the General Staff. He says he does not think much of actions of this kind. However, there is nothing else to be done if they have been ordered by the Führer; that he could not ask the Führer how he had planned the execution of this special action. In regard to Dirschau, he has decided that this action would be executed only by the Army.”

That then, My Lord, was the position at the end of the first week in August—I mean at the end of the third week in August. On the 22d of August the Russian-German Non-Aggression Pact was signed in Moscow, and we have heard in Hitler’s speech of that date to his commanders-in-chief how it had gone down as a shock to the rest of the world. In fact, the orders to invade Poland were given immediately after the signing of that treaty, and the H-hour was actually to be in the early morning of the 25th of August. Orders were given to invade Poland in the early hours of the 25th of August, and that I shall prove in a moment.

Oh the same day—the 23rd of August—that the German-Russian agreement was signed in Moscow, news reached England that it was being signed. And of course the significance of it from a military point of view as to Germany, particularly in the present circumstances, was obvious; and the British Government immediately made their position clear in one last hope—and that one last hope was that if they did so the German Government might possibly think better of it. And I refer to Document TC-72, Number 56; it is the first document in the next to the last part of the Tribunal document book, in which the Prime Minister wrote to Hitler. That document becomes GB-55:

“Your Excellency:

“Your Excellency will have already heard of certain measures taken by His Majesty’s Government, and announced in the press and on the wireless this evening.


“These steps have, in the opinion of His Majesty’s Government, been rendered necessary by the military movements which have been reported from Germany and by the fact that apparently the announcement of a German-Soviet agreement is taken in some quarters in Berlin to indicate that intervention by Great Britain on behalf of Poland is no longer a contingency that need be reckoned with. No greater mistake could be made. Whatever may prove to be the nature of the German-Soviet agreement, it cannot alter Great Britain’s obligation to Poland, which His Majesty’s Government have stated in public repeatedly and plainly and which they are determined to fulfill.


“It has been alleged that, if His Majesty’s Government had made their position more clear in 1914, the great catastrophe would have been avoided. Whether or not there is any force in that allegation, His Majesty’s Government are resolved that on this occasion there shall be no such tragic misunderstanding.


“If the case should arise, they are resolved and prepared to employ without delay all the forces at their command; and it is impossible to foresee the end of hostilities once engaged. It would be a dangerous delusion to think that, if war once starts, it will come to an early end even if a success on any one of the several fronts on which it will be engaged should have been secured.”

Thereafter the Prime Minister urged the German Government to try and resolve the difficulty without recourse to the use of force; and he suggested that a truce should be declared while direct discussions between the two Governments, the Polish and German Governments, might take place. I quote in Prime Minister Chamberlain’s language:

“At this moment I confess I can see no other way to avoid a catastrophe that will involve Europe in war. In view of the grave consequences to humanity which may follow from the action of their rulers, I trust that Your Excellency will weigh with the utmost deliberation the considerations which I have put before you.”

On the following day, the 23rd of August, Hitler replied to Prime Minister Chamberlain, and that document is TC-72, Number 60, and it becomes GB-56. He starts off by saying that Germany has always wanted England’s friendship, and has always done everything to get it; on the other hand, she has some essential interests which it is impossible for Germany to renounce. I quote the third paragraph:

“Germany was prepared to settle the questions of Danzig and of the corridor by the method of negotiation on the basis of a proposal of truly unparalleled magnanimity. The allegation which is disseminated by England regarding a German mobilization against Poland”—we see here the complete dishonesty of the whole business—“the assertion of aggressive designs towards Romania, Hungary, and so forth as well as the so-called guarantee declarations, which were subsequently given, had, however, dispelled Polish inclination to negotiate on a basis of this kind which would have been tolerable for Germany also.


“The unconditional assurance given by England to Poland, that she would render assistance to that country in all circumstances regardless of the causes from which a conflict might spring, could only be interpreted in that country as an encouragement thenceforward to unloosen, under cover of such a charter, a wave of appalling terrorism against the one and a half million German inhabitants living in Poland.”

Again I cannot help remembering the report by the British Ambassador, to which I just referred:

“The atrocities which since then have been taking place in that country are terrible for the victims but intolerable for a great power such as the German Reich, which is expected to remain a passive onlooker during these happenings. Poland has been guilty of numerous breaches of her obligations towards the Free City of Danzig, has made demands in the character of ultimata, and has initiated a process of economic strangulation.”

It goes on to say that “Germany will not tolerate a continuance of the persecution” and the fact that there is a British guarantee to Poland makes no difference to her determination to end this state of affairs. I quote from Paragraph 7:

“The German Reich Government has received information to the effect that the British Government has the intention to carry out measures of mobilization which, according to the statements contained in your own letter, are clearly directed against Germany alone. This is said to be true of France as well. Since Germany has never had the intention of taking military measures other than those of a defensive character against England or France and, as has already been emphasized, has never intended, and does not in the future intend, to attack England or France, it follows that this announcement as confirmed by you, Mr. Prime Minister, in your own letter, can only refer to a contemplated act of menace directed against the Reich. I, therefore, inform your Excellency that in the event of these military announcements being carried into effect, I shall order immediate mobilization of the German forces.”

If the intention of the German Government had been peaceful, if they really wanted peace and not war, what was the purpose of these lies; these lies saying that they had never intended to attack England or France, carried out no mobilization, statements which, in view of what we now have, we know to be lies? What can have been their object if their intention had always been for a peaceful settlement of the Danzig question only? Then I quote again from the last paragraph:

“The question of the treatment of European problems on a peaceful basis is not a decision which rests on Germany, but primarily on those who since the crime committed by the Versailles dictate have stubbornly and consistently opposed any peaceful revision. Only after a change of the spirit on the part of the responsible powers can there be any real change in the relationship between England and Germany. I have all my life fought for Anglo-German friendship; the attitude adopted by British diplomacy—at any rate up to the present—has, however, convinced me of the futility of such an attempt. Should there be any change in this respect in the future, nobody could be happier than I.”

On the 25th of August the formal Anglo-Polish Agreement of mutual assistance was signed in London. It is unnecessary to read the document. The Tribunal will be well aware of its contents where both Governments undertake to give assistance to the other in the event of aggression against either by any third power. I point to Document TC-73; it is Number 91 and it becomes GB-57. I shall refer to the fact of its signing again in a moment but perhaps it is convenient while we are dealing with a letter between the British Prime Minister and Hitler to refer also to a similar correspondence which took place a few days later between the French Prime Minister M. Daladier and Hitler. I emphasize these because it is desired to show how deliberately the German Government was set about their pattern of aggression. “The French Ambassador in Berlin has informed me of your personal communication,” written on the 26th of August:

“In the hours in which you speak of the greatest responsibility which two heads of the Governments can possibly take upon themselves, namely, that of shedding the blood of two great nations who long only for peace and work, I feel I owe it to you, personally, and to both our peoples to say that the fate of peace still rests in your hands alone.


“You cannot doubt but what are my own feelings towards Germany, nor France’s peaceful feelings towards your nation. No Frenchman has done more than myself to strengthen between our two nations not only peace but also sincere co-operation in their own interests as well as in those of Europe and of the whole world. Unless you credit the French people with a lower sense of honor than I credit to the German nation, you cannot doubt that France loyally fulfills her obligations toward other powers, such as Poland, which, as I am fully convinced, wants to live in peace with Germany. These two convictions are fully compatible.


“Till now there has been nothing to prevent a peaceful solution of the international crisis with all honor and dignity for all nations, if the same will for peace exists on all sides.


“Together with the good will of France I proclaim that of all her allies. I take it upon myself to guarantee Poland’s readiness, which she has always shown, to submit to the mutual application of a method of open settlement as it can be imagined between the governments of two sovereign nations. With the clearest conscience I can assure you that, among the differences which have arisen between Germany and Poland over the question of Danzig, there is not one which could not be submitted to such a method with a purpose of reaching a peaceful and just solution.


“Moreover, I can declare on my honor that there is nothing in France’s clear and loyal solidarity with Poland and her allies, which could in any way prejudice the peaceful attitude of my country. This solidarity has never prevented us, and does not prevent us today, from keeping Poland in the same friendly state of mind.


“In so serious an hour I sincerely believe that no high-minded human being could understand it if a war of destruction were started without a last attempt being made to reach a peaceful settlement between Germany and Poland. Your desire for peace could, in all certainty, work for this aim without any prejudice to German honor. I, who desire good harmony between the French and the German people, and who am, on the other hand, bound to Poland by bonds of friendship and by a promise, am prepared, as head of the French Government, to do everything an upright man can do to bring this attempt to a successful conclusion.


“You and I were in the trenches in the last war. You know, as I do, what horror and condemnation the devastations of that war have left in the conscience of the people without any regard to its outcome. The picture I can see in my mind’s eye of your outstanding role as the leader of the German people on the road of peace, toward the fulfillment of its task in the common work of civilization, leads me to ask for a reply to this suggestion.


“If French and German blood should be shed again as it was shed 25 years ago in a still longer and more murderous war, then each of the two nations will fight believing in its own victory. But the most certain victors will be destruction and barbarity.”

THE PRESIDENT: I think we will adjourn now until 2 o’clock.

[A recess was taken until 1400 hours.]