Morning Session
CAPT. SPRECHER: May it please the Tribunal, it is my responsibility and my privilege to present today the case on the individual responsibility of the Defendant Hans Fritzsche for Crimes against Peace, War Crimes, and Crimes against Humanity as they relate directly to the Common Plan or Conspiracy.
With the permission of the Tribunal, it is planned to make this presentation in three principal divisions:
First, a short listing of the various positions held by the Defendant Fritzsche in the Nazi State.
Second, a discussion of Fritzsche’s conspiratorial activities within the Propaganda Ministry from 1933 through the attack on the Soviet Union.
Third, a discussion of Fritzsche’s connection, as a Nazi propagandist, to the atrocities and the ruthless occupation policy which formed a part of the Common Plan or Conspiracy.
In listing Fritzsche’s positions, it is not intended at first to describe the functions of these positions. Later on, in describing some of Fritzsche’s conspiratorial acts, I shall take up a discussion of some of these positions which he held.
Fritzsche’s Party membership and his various positions in the propaganda apparatus of the Nazi State are shown by two affidavits by Fritzsche himself: Document Number 2976-PS, which is already in evidence as Exhibit USA-20; and Document Number 3469-PS, which I offer in evidence as Exhibit USA-721. Both of these affidavits have been put into the four working languages of this Tribunal.
Fritzsche became a member of the Nazi Party on the 1st of May 1933, and he continued to be a member until the collapse in 1945. Fritzsche began his services with the staff of the Reich Ministry for Public Enlightenment and Propaganda, hereinafter referred to as the Propaganda Ministry, on the 1st of May 1933; and he remained within the Propaganda Ministry until the Nazi downfall.
Before the Nazis seized political power in Germany and beginning in September 1932, Fritzsche was head of the Wireless News Service (Drahtloser Dienst), an agency of the Reich Government at that time under the Defendant Von Papen. After the Wireless News Service was incorporated into the Propaganda Ministry of Dr. Goebbels in May 1933, Fritzsche continued as its head until the year 1938. Upon entering the Propaganda Ministry in May 1933, Fritzsche also became head of the news section of the Press Division of the Propaganda Ministry. He continued in this position until 1937. In the summer of 1938, Fritzsche was appointed deputy to one Alfred Ingemar Berndt, who was then head of the German Press Division.
The German Press Division, in the Indictment, is called the Home Press Division. Since “German Press Division” seems to be a more literal translation, we have called it the German Press Division throughout this presentation. It is sometimes otherwise known as the Domestic Press Division. We shall show later that this division was the major section of the Press Division of the Reich Cabinet.
Now in December 1938 Fritzsche succeeded Berndt as the head of the German Press Division. Between 1938 and November 1942 Fritzsche was promoted three times. He advanced in title from Superior Government Counsel to Ministerial Counsel, then to Ministerialdirigent, and finally to Ministerialdirektor.
In November 1942 Fritzsche was relieved of his position as head of the German Press Division by Dr. Goebbels and accepted from Dr. Goebbels a newly created position in the Propaganda Ministry, that of Plenipotentiary for the Political Organization of the Greater German Radio. At the same time he also became head of the Radio Division of the Propaganda Ministry. He held both these positions in radio until the Nazi downfall.
There are two allegations of the Indictment concerning Fritzsche’s positions for which we are unable to offer proof. These allegations appear at Page 34 of the English translation.
The first unsupported allegation states that Fritzsche was “Editor-in-Chief of the official German News Agency (Deutsches Nachrichtenbüro).” The second unsupported allegation states that Fritzsche was “head of the Radio Division of the Propaganda Department of the Nazi Party.” Fritzsche denies having held either of these positions, in his affidavit, and therefore these two allegations must fall for want of proof.
Before discussing the documentation of the case I wish, in passing, to state my appreciation for the assistance of Mr. Norbert Halpern, Mr. Alfred Booth, and Lieutenant Niebergall, who sits at my right, for their assistance in research, analysis, and translation.
The Tribunal will note the relative shortness of this document book. It has been marked as Document Book MM. It contains only 32 pages, which have been numbered consecutively in red pencil for your convenience. The shortness of the documentation on this particular case is possible only because of a long affidavit made by the Defendant Fritzsche, which was signed by him on the 7th of January 1946.
It seems appropriate to comment on this significant document before proceeding. It is before Your Honors as Document Number 3469-PS, beginning at document book Page 19. As I said, it has been translated into the four working languages of this proceeding.
This affidavit contains materials which have been extracted from interrogations of Fritzsche and many materials which Fritzsche volunteered to give himself, upon request made by me, through his Defense Counsel, Dr. Fritz. Some of the portions of the final affidavit were originally typed or handwritten by the Defendant Fritzsche himself during this Trial or during the holiday recess. All these materials were finally incorporated into one single affidavit.
This affidavit contains Fritzsche’s account of the events which led to his entering the Propaganda Ministry and his account of his later connections with that Ministry. Before Fritzsche made some of the statements in the affidavit concerning the role of propaganda in relation to important foreign political events, he was shown illustrative headlines and articles from the German press at that time, so that he could refresh his recollection and make more accurate statements.
It is believed that the Tribunal will desire to consider many portions of this affidavit independent of this presentation, along with the proof on the conspirators’ use of propaganda as a principal weapon in the conspiracy. Some of this proof, you will recall, was submitted by Major Wallis in the first days of this Trial in connection with Brief E, entitled “Propaganda, Censorship, and Supervision of the Cultural Activities,” and the corresponding document book, to which I call the Tribunal’s attention.
In the Fritzsche affidavit there are a number of statements which I would say were in the nature of self-serving declarations. With respect to these, the Prosecution requests only that the Tribunal consider them in the light of the whole conspiracy and the indisputable facts which appear throughout the Record. The Prosecution did not feel, either as a matter of expediency or of fairness, that it should request Fritzsche, through his defense lawyer, Dr. Fritz, to remove some of these self-serving declarations at this time and submit them later in connection with his defense.
Since I shall refer to this affidavit at numerous times throughout the presentation, perhaps the members of the Tribunal will wish to place a special marker in their document book.
By referring to Paragraphs 4 and 5 of the affidavit, the Tribunal will note that Fritzsche first became a successful journalist in the service of the Hugenberg Press, the most important chain of newspaper enterprises in pre-Nazi Germany. The Hugenberg concern owned papers of its own, but primarily it was important because it served newspapers which principally supported the so-called “national” parties of the Reich, including the NSDAP.
In Paragraph 5 of his affidavit Fritzsche relates that in September 1932, when the Defendant Von Papen was Reich Chancellor, he was made head of the Wireless News Service, replacing someone who was politically unbearable to the Papen regime. The Wireless News Service, I might say, was a government agency for spreading news by radio.
Fritzsche began making radio broadcasts at about this time with very great success, a success which Goebbels recognized and was later to exploit very efficiently on behalf of these Nazi conspirators.
The Nazis seized power on the 30th of January 1933. From Paragraph 10 of the Fritzsche affidavit we find that that very evening, the 30th of January 1933, two emissaries from Goebbels visited Fritzsche. One of them was Dressler-Andress, head of the Radio Division of the NSDAP; the other was an assistant of Dressler-Andress named Sadila-Mantau. These two emissaries notified Fritzsche that although Goebbels was angry with Fritzsche for writing a critical article concerning Hitler, still Goebbels recognized Fritzsche’s public success on the radio since the previous fall. They stated further that Goebbels desired to retain Fritzsche as head of the Wireless News Service on certain conditions: (1) That Fritzsche discharge all Jews; (2) that he discharge all other personnel who would not join the NSDAP; and (3) that he employ with the Wireless News Service the second Goebbels’ emissary, Sadila-Mantau.
Fritzsche refused all these conditions except the hiring of Sadila-Mantau. This was one of the first ostensible compromises after the seizure of power which Fritzsche made on his road to the Nazi camp.
Fritzsche continued to make radio broadcasts during this period in which he supported the National Socialist coalition government then still existing.
In early 1933 SA troops several times called at the Wireless News Service and Fritzsche prevented them, with some difficulty, from making news broadcasts.
In April 1933 Goebbels called the young Fritzsche to him for a personal audience. At Paragraph 9 of his affidavit, Document Number 3469-PS, Fritzsche has volunteered the following concerning his prior relationships with Dr. Goebbels:
“I was acquainted with Dr. Goebbels since 1928. Apparently he had taken a liking to me, besides the fact that in my press activities I had always treated the National Socialists in a friendly way until 1931.
“Already before 1933 Goebbels, who was the editor of The Attack (Der Angriff), Nazi newspaper, had frequently made flattering remarks about the form and content of my writings, which I did as contributor of many ‘national’ newspapers and periodicals, among which were also some of more reactionary character.”
At the first Goebbels-Fritzsche discussion in early April 1933, Goebbels informed Fritzsche of his decision to place the Wireless News Service within the Propaganda Ministry as of 1 May 1933. He suggested that Fritzsche make certain rearrangements in the personnel which would remove Jews and other persons who did not support the NSDAP. Fritzsche debated with Goebbels concerning some of these steps. It must be said that during this period Fritzsche made some effort to place Jews in other jobs.
In a second conference with Goebbels, shortly thereafter, Fritzsche informed Goebbels about the steps he had taken in reorganizing the Wireless News Service. Goebbels thereupon informed Fritzsche that he would like to have him reorganize and modernize the entire news services of Germany within the control of the Propaganda Ministry.
It will be recalled by the Tribunal that on the 17th of March 1933, approximately two months before this time, the Propaganda Ministry had been formed by decree, 1933 Reichsgesetzblatt, Part I, Page 104, our Document Number 2029-PS.
Fritzsche was intrigued by the Goebbels offer. He proceeded to conclude the Goebbels-inspired reorganization of the Wireless News Service; and on the 1st of May 1933, together with the remaining members of his staff, he joined the Propaganda Ministry. On this same day he joined the NSDAP and took the customary oath of unconditional loyalty to the Führer. From this time on, whatever reservations Fritzsche may have had, either then or later, to the course of events under the Nazis, Fritzsche was completely within the Nazi camp. For the next 13 years he assisted in creating and in using the principal propaganda devices which the conspirators employed with such telling effect in each of the principal phases of this conspiracy.
From 1933 until 1942 Fritzsche held one or more positions within the German Press Division. For 4 years indeed he headed this Division, during those crucial years 1938 to 1942. That covers the period when the Nazis undertook actual military invasions of neighboring countries. It is, therefore, believed appropriate to spell out in some detail, before this Tribunal, the functions of this German Press Division. These functions will show the important and unique position of the German Press Division as an instrument of the Nazi conspirators not only in dominating the minds and the psychology of Germans through the German Press Division and through the radio but also as an instrument of foreign policy and psychological warfare against other nations.
The already broad jurisdiction of the Propaganda Ministry was extended by a Hitler decree of the 30th of June 1933, found in 1933 Reichsgesetzblatt, Part I, Page 449. From that decree I wish to quote only one sentence. It is found in Document 2030-PS, your document book Page 3:
“The Reich Minister of Public Enlightenment and Propaganda is competent for all problems concerning the mental moulding of the nation, the propaganda for the State, for culture and economy, and the enlightenment at home and abroad about these questions. Furthermore, he is in charge of the administration of all institutions serving these purposes.”
It is important to underline the stated propaganda objective of “enlightenment at home and abroad.”
For a clear exposition of the general functions of the German Press Division of the Propaganda Ministry, the Tribunal is referred to Document Number 2434-PS, document book Page 5. It is offered in evidence as Exhibit USA-722. This document is an appropriate excerpt from a book by Georg Wilhelm Müller, a Ministerial Director in the Propaganda Ministry, of which the Tribunal is asked to take judicial notice.
Fritzsche’s affidavit, Paragraphs 14, 15, and 16, beginning at Page 22 of your document book, contains an exposition of the functions of the German Press Division, a description which confirms and adds to the exposition in Müller’s book. Concerning the German Press Division, Fritzsche’s affidavit states:
“During the whole period from 1933 to 1945 it was the task of the German Press Division to supervise the entire domestic press and to provide it with directives by which this division became an efficient instrument in the hands of the German State leadership. More than 2,300 German daily newspapers were subject to control.
“The aim of this supervision and control, in the first years following 1933, was to change basically the conditions existing in the press before the seizure of power. That meant the coordination into the New Order of those newspapers and periodicals which had been serving capitalistic individual interests or party politics. While the administrative functions wherever possible were exercised by the professional associations and the Reich Press Chamber, the political direction of the German press was entrusted to the German Press Division.
“The head of the German Press Division held daily press conferences in the Ministry for the representatives of all German newspapers. Thereby all instructions were given to the representatives of the press. These instructions were transmitted daily, almost without exception and mostly by telephone from headquarters by Dr. Otto Dietrich, Reich Press Chief, in a set text, the so-called ‘Daily Parole of the Reich Press Chief.’ Before the formulation of this text the head of the German Press Division submitted to him, Dietrich, the foremost press wishes expressed by Dr. Goebbels and by other ministries. This was the case especially with the wishes of the Foreign Office about which Dr. Dietrich always wanted to make decisions personally or through his representatives at headquarters, Helmut Sündermann and chief editor Lorenz.
“The actual interpretation of the direction in detail was thus left entirely to the individual work of the various editors. Therefore, it is by no means true that the newspapers and periodicals were a monopoly of the German Press Division or that essays and leading articles had to be submitted by them to the Ministry. Even in war times this happened in exceptional cases only. The less important newspapers and periodicals which were not represented at the daily press conferences received their information in a different way—by providing them either with ready-made articles and reports, or by confidential printed instruction. The publications of all other official agencies were directed and coordinated likewise by the German Press Division.
“To enable the periodicals to get acquainted with the daily political problems of newspapers and to discuss these problems in greater detail, the Informationskorrespondenz was issued especially for periodicals. Later on it was taken over by the Periodical Press Division. The German Press Division likewise was in charge of pictorial reporting insofar as it directed the employment of pictorial reporters at important events.
“In this way, and conditioned upon the prevailing political situation, the entire German press was, by the German Press Division, made a permanent instrument of the Propaganda Ministry. Thereby, the entire German Press was subordinate to the political aims of the government. This was exemplified by the timely limitation and the emphatic presentation of such press polemics as appeared to be most useful, as shown for instance in the following themes: The class struggle of the system era; the Leadership Principle and the authoritarian state; the party and interest politics of the system era; the Jewish problem; the conspiracy of world-Jewry; the Bolshevistic danger; the plutocratic democracy abroad; the race problem generally; the church; the economic misery abroad; the foreign policy; the living space (Lebensraum).”
This description of Fritzsche establishes clearly and in his own words that the German Press Division was the instrument for subordinating the entire German press to the political aims of the government.
We now pass to Fritzsche’s first activities on behalf of the conspirators within the German Press Division. It is appropriate to read again from his affidavit, Paragraph 17, your document book Page 23. Fritzsche begins by describing a conference with Goebbels in late April or early May 1933:
“At this time Dr. Goebbels suggested to me, in my capacity as the expert on news technique, the establishment and direction of a section ‘News’ within the Press Division of his Ministry, in order to thoroughly organize and modernize the German news agencies. In carrying out the task assigned to me by Dr. Goebbels my field covered the entire news service for the German press and the radio in accordance with the directions given by the Propaganda Ministry, excepting at first the DNB”—German News Agency.
An obvious reason why the DNB was excepted from Fritzsche’s field at this time is that the DNB did not come into existence until the year 1934 as we shall later see. Later on, in Paragraph 17 of the Fritzsche affidavit, the Tribunal will note the tremendous funds put at the disposal of Fritzsche in building up the Nazi news services. Altogether the German news agencies received a 10-fold increase in their budget from the Reich, an increase from 400,000 to 4 million marks. Fritzsche himself selected and employed the chief editor for the Transocean News Agency and also for the Europa Press. Fritzsche states that some of the “directions of the Propaganda Ministry which I had to follow were,” and then skipping, “. . . increase of German news copy abroad at any cost,” and then skipping again, “. . . spreading of favorable news on the internal construction and peaceful intentions of the National Socialist system.”
About the summer of 1934 the Defendant Funk, then Reich Press Chief, achieved the fusion of the two most important domestic news agencies, the Wolff Telegraph Agency and the Telegraph Union, and thus formed the official German news agency, ordinarily known as DNB. It has already been pointed out to the Tribunal that the Indictment is in error in alleging that Fritzsche himself was Editor-in-Chief of the DNB. Fritzsche held no position whatsoever with the DNB at any time. However, as head of the news section of the German Press Division, Fritzsche’s duties gave him official jurisdiction over the DNB, which was the official domestic news agency of the German Reich after 1934. In the last part of Paragraph 17 of this affidavit, Fritzsche states that he coordinated the work of the various foreign news agencies “at home and within European and overseas foreign countries with one another and in relationship to DNB.”
The Wireless News Service was headed by Fritzsche from 1932 to 1937. After January 1933, the Wireless News Service was the official instrument of the Nazi Government in spreading news over the radio. During the same time that Fritzsche headed the Wireless News Service, he personally made radio broadcasts to the German people. These broadcasts were naturally subject to the controls of the Propaganda Ministry and reflected its purposes. The influence of Fritzsche’s broadcasts upon the German people, during this period of consolidation of control by the Nazi conspirators, is all the more important since Fritzsche was concurrently head of the Wireless News Services, which controlled for the government the spreading of all news by radio.
It is by now well known to the world that the Nazi conspirators attempted to be, and often were, very adept in psychological warfare. Before each major aggression, with some few exceptions based on the strategy of expediency, they initiated a press campaign calculated to weaken their victims and to prepare the German people psychologically for the impending Nazi madness. They used the press after their earlier conquests as a means for further influencing foreign politics and in maneuvering for the next following aggression.
By the time of the occupation of the Sudetenland on the 1st of October 1938, Fritzsche had become deputy head of the entire German Press Division. Fritzsche states that the role of German propaganda before the Munich Agreement on the Sudetenland was directed by his immediate chief, Berndt, then head of the German Press Division. In Paragraph 27 of the Fritzsche affidavit, Page 26 of your document book, Fritzsche describes this propaganda which was directed by Berndt. Speaking of Berndt, Fritzsche states:
“He exaggerated minor events very strongly, sometimes used old episodes as new—and there even came complaints from the Sudetenland itself that some of the news reported by the German press was untrustworthy. As a matter of fact, after the great foreign political success at Munich in September 1938, there arose a noticeable crisis in the confidence of the German people in the trustworthiness of its press. This was one reason for the recalling of Berndt, in December 1938 after the conclusion of the Sudeten action, and for my appointment as head of the German Press Division. Beyond this, Berndt, by his admittedly successful but still primitive military-like orders to the German press, had lost the confidence of the German editors.”
Now, what happened at this time? Fritzsche was made head of the German Press Division in place of Berndt. Between December 1938 and 1942, Fritzsche, as head of the German Press Division, personally gave to the representatives of the principal German newspapers the “daily parole of the Reich Press Chief.” During this history-making period he was the principal conspirator directly concerned with the manipulations of the press. The first important foreign aggression after Fritzsche became head of the German Press Division was the incorporation of Bohemia and Moravia. In Paragraph 28 of the affidavit, your document book, Page 26, Fritzsche gives his account of the propaganda action surrounding the incorporation of Bohemia and Moravia as follows:
“The action for the incorporation of Bohemia and Moravia, which took place on 15 March 1939, while I was head of the German Press Division, was not prepared for such a long period as the Sudeten action. According to my memory it was in February that I received the order from the Reich Press Chief, Dr. Dietrich, and repeated requests by the envoy Paul Schmidt of the Foreign Office, to draw the attention of the press to the aspirations of Slovakia for independence and to the continued anti-German coalition politics of the Prague Government. I did this. The daily paroles of the Reich Press Chief and the press conference minutes at that time show the wording of the pertinent instructions. The following were the typical headlines of leading newspapers and the conspicuous leading articles of the German daily press at that time: (1) The terrorizing of Germans within the Czech territory by arrest, shooting at Germans by the state police, destruction and damaging of German homes by Czech mobs; (2) the concentration of Czech forces on the Sudeten frontier; (3) the kidnapping, deportation, and persecution of Slovakian minorities by the Czechs, (4) the Czechs must get out of Slovakia; (5) secret meetings of Red functionaries in Prague.
“Some few days before the visit of Hacha, I received the instruction to publish in the press very conspicuously the incoming news on the unrest in Czechoslovakia. Such information I received only partly from the German News Agency DNB but mostly from the Press Division of the Foreign Office and some from big newspapers with their own news services. Among the newspapers offering information was, above all, the Völkischer Beobachter which, as I learned later on, received its information from the SS Standartenführer Gunter D’Alquen, who was at that time at Bratislava. I had forbidden all news agencies and newspapers to issue news on unrest in Czechoslovakia until I had seen it. I wanted to avoid a repetition of the very annoying accompaniments of the Sudeten action propaganda, and I did not want to suffer a loss of prestige caused by untrue news. Thus, all news checked by me was admittedly full of tendency but not invented. Following the visit of Hacha in Berlin and after the beginning of the invasion of the German Army, which took place on 15 March 1939, the German press had enough material for describing these events. Historically and politically the event was justified with the indication that the declaration of independence of Slovakia had required an interference and that Hacha with his signature had avoided a war and had reinstated a thousand-year-old union between Bohemia and the Reich.”
The propaganda campaign of the press preceding the invasion of Poland on the 1st of September 1939—and thus the propaganda action just preceding the precipitation of World War II—bears again the handiwork of Fritzsche and his German Press Division. In Paragraph 30 of Fritzsche’s affidavit, document book Page 27, Fritzsche speaks of the conspirators’ treatment of this episode as follows:
“Very complicated and varying was the press and propagandists treatment in the case of Poland. Under the influence of the German-Polish Agreement, the German press was for many years forbidden, on principle, to publish anything on the situation of the German minority in Poland. This was still the case when in the spring of 1939 the German press was asked to become somewhat more active as to the problem of Danzig. Also when the first Polish-English conversations took place and the German press was advised to use a sharper tone against Poland, the question of the German minority still remained in the background. At first during the summer this problem was picked up again and created immediately a noticeable sharpening of the situation. Each larger German newspaper had for some time quite an abundance of material on complaints and grievances of the Germans in Poland without the editors having had a chance to use this material. The German papers, from the time of the minority discussions at Geneva, still had correspondents or free collaborators in Katowice, Bydgoszcz, Posen, Toruń, et cetera. Their material now came forth with a bound. Concerning this, the leading German newspapers brought but in accordance with directions given for the so-called daily paroles the following articles, in conspicuous setting: (1) Cruelty and terror against racial Germans and the extermination of racial Germans in Poland; (2) Construction of field works by thousands of racial German men and women in Poland; (3) Poland, land of servitude and disorder; the desertion of Polish soldiers; the increased inflation in Poland; (4) provocation of frontier clashes upon direction of the Polish Government; the Polish aspirations for conquest; (5) persecution of Czechs and Ukrainians by Poland. The Polish press retorted hotly.”
The press campaign preceding the invasion of Yugoslavia followed the conventional pattern. You will find the customary defamations, the lies, the incitement and the threats, and the usual attempt to divide and to weaken the victim. Paragraph 32 of the Fritzsche affidavit, your document book Page 28, outlines this propaganda action as follows:
“During the period immediately preceding the invasion of Yugoslavia, on the 6th of April 1941, the German press emphasized by headlines and leading articles the following boldly made up announcements: (1) The systematic persecution of racial Germans in Yugoslavia including the burning down of German villages by Serbian soldiers and the confining of racial Germans in concentration camps, as well as the physical mishandling of German-speaking persons; (2) the arming of Serbian bandits by the Serbian Government; (3) the indictment of Yugoslavia by the plutocrats against Germany; (4) growing anti-Serbian feeling in Croatia; (5) the chaotic situation of the economic and social conditions in Yugoslavia.”
Since Germany had a non-aggression pact with the Soviet Union and because these conspirators wanted the advantage of surprise, there was no special propaganda campaign immediately preceding the attack on the U.S.S.R. Fritzsche in Paragraph 33 of his affidavit discussed the propaganda line, however, for the justification of this aggressive war to the German people:
“During the night from the 21st to the 22d of June 1941, Ribbentrop called me in at about 5 o’clock in the morning for a conference in the Foreign Office at which representatives of the domestic and foreign press were present. Ribbentrop informed us that the war against the Soviet Union would start that same day and asked the German press to present the war against the Soviet Union as a preventive war for the defense of the fatherland, a war which was forced upon us by the imminent danger of an attack of the Soviet Union against Germany. The claim that this was a preventive war was later repeated by the newspapers which received their instructions from me during the usual daily parole of the Reich Press Chief. I myself have also given this presentation of the cause of the war in my regular broadcasts.”
Fritzsche, throughout his affidavit, constantly refers to his technical and expert assistance to the colossal apparatus of the Propaganda Ministry. In 1939 he apparently became dissatisfied with the efficiency of the existing facilities of the German Press Division in furnishing grist for the propaganda mill and for its intrigues. He established a new instrument for improving the effectiveness of Nazi propaganda. In Paragraph 19 of his affidavit, Page 24 of your document book, Fritzsche describes this new propaganda instrument as follows:
“About the summer of 1939 I established within the German Press Division a section called ‘Speed Service.’ ”
And then skipping and quoting again:
“. . . at the start it had the task of checking the correctness of news from foreign countries. Later on, about the fall of 1939, this section also worked on the compilation of material which was put at the disposal of the entire German press: For instance, dates from the British Colonial policy, political statements of the British Prime Minister in former times, descriptions of social distress in hostile countries, et cetera. Almost all German newspapers used such material as a basis for their polemics, whereby close concentration in the fighting front of the German press was gained. The title ‘Speed Service’ was chosen because materials for current comments were supplied with particular speed.”
Throughout this entire period preceding and including the launching of aggressive war, Fritzsche made regular radio broadcasts to the German people under the following titles: “Political Newspaper Review,” “Political and Radio Show,” and later “Hans Fritzsche Speaks.” His broadcasts naturally reflected the polemics and the control of his Ministry and thus of the Common Plan or Conspiracy.
We of the Prosecution contend that Fritzsche, one of the most eminent of Goebbels’ propaganda team, helped substantially to bathe the world in the blood bath of aggressive war.
With the Tribunal’s consent I will now pass to proof bearing on Fritzsche’s incitement of atrocities and his encouragement of a ruthless occupation policy. The results of propaganda as a weapon of the Nazi conspirators reach into every aspect of this conspiracy, including the abnormal and inhuman conduct involved in the atrocities and the ruthless exploitation of occupied countries. Most of the ordinary members of the German nation would never have participated in or tolerated the atrocities committed throughout Europe if they had not been conditioned and goaded to barbarous convictions and misconceptions by the constant grinding of the Nazi propaganda machine. Indeed, the propagandists who lent themselves to this evil mission of instigation and incitement are more guilty than the credulous and callous minions who headed the firing squads or operated the gas chambers, of which we have heard so much in this proceeding. For the very credulity and callousness of those minions was in large part due to the constant and evil propaganda of Fritzsche and his official associates.
With respect to Jews, the Department of Propaganda within the Propaganda Ministry had a special branch for the “Enlightenment of the German people and of the world as to the Jewish question, fighting with propagandistic weapons against enemies of the State and hostile ideologies.” This quotation is taken from a book written in 1940 by Ministerial Director Müller, entitled The Propaganda Ministry. It is found in Document Number 2434(a)-PS, your document book Page 10, offered in evidence as Exhibit USA-722. It is another excerpt from Ministerial Director Müller’s book and I merely ask that you take judicial notice of it for that one sentence that I have read.
Fritzsche took a particularly active part in this “enlightenment” concerning the Jewish question in his radio broadcasts. These broadcasts literally teemed with provocative libels against Jews, the only logical result of which was to inflame Germany to further atrocities against the helpless Jews who came within its physical power. Document Number 3064-PS contains a number of complete broadcasts by Fritzsche which were monitored by the British Broadcasting Corporation and translated by BBC officials. For the convenience of the Tribunal, I have had those excerpts upon which the Prosecution relies to show illustrative types of Fritzsche’s broadcasts mimeographed and made into one document, which I offer in evidence as Exhibit USA-723. Even the Defendant Streicher, the master Jew-baiter of all time, could scarcely outdo Fritzsche in some of his slanders against the Jews. All the excerpts in Document Number 3064-PS are from speeches by Fritzsche given on the radio between 1941 and 1945, which we have already proven was a period of intensified anti-Jewish measures. With the permission of the Tribunal, I would like to read some of these excerpts.
Page 14 of our document book, Item 1, from a broadcast of 18 December 1941—it is found on Page 2122 of the translations from BBC:
“The fate of Jewry in Europe has turned out to be as unpleasant as the Führer predicted it would be in the event of a European war. After the extension of the war instigated by Jews, this fate may also spread to the New World, for it can hardly be assumed that the nations of this New World will pardon the Jews for the misery of which the nations of the Old World did not absolve them.”
From a radio broadcast of 18 March 1941, found at Page 2032 of the BBC translations:
“But the crown of all wrongly-applied Rooseveltian logic is the sentence: ‘There never was a race and there never will be a race which can serve the rest of mankind as a master.’ Here, too, we can only applaud Mr. Roosevelt. It is precisely because there exists no race which can be the master of the rest of mankind, that we Germans have taken the liberty to break the domination of Jewry and of its capital in Germany, of Jewry which believed it had inherited the crown of secret world domination.”
In passing, I would merely like to note that it seems to us that that is not only applause for past acts concerning persecution of Jews but an announcement that more is coming and an encouragement of what was coming.
I would like to read another excerpt from the 9th of October 1941 broadcast, translated at Page 2101 of the BBC translation:
“We know very well that these German victories, unparalleled in history, have not yet stopped the source of hatred which for a long time has fed the warmongers and from which this war originated. The international Jewish-Democratic-Bolshevistic campaign of incitement against Germany still finds cover in this or that fox’s lair or rat hole. We have seen only too frequently how the defeats suffered by the warmongers only doubled their senseless and impotent fury.”
Another broadcast of the 8th January 1944—Your Honors, I have tried to pick out illustrative broadcasts from different periods here:
“It is revealed clearly once more that not a new system of government, not a young nationalism, and not a new and well-applied socialism brought about this war. The guilty ones are exclusively the Jews and the plutocrats. If discussion on the post-war problems brings this to light so clearly, we welcome it as a contribution for later discussions and also as a contribution to the fight we are waging now, for we refuse to believe that world history will entrust its future development to those powers which have brought about this war. This clique of Jews and plutocrats have invested their money in armaments and they had to see to it that they would get their interests and sinking funds; hence they unleashed this war.”
Concerning Jews, I had one last quotation from the year 1945. It is from a broadcast of the 13th of January 1945, found on Pages 2258 and 2259 of the BBC translations:
“If Jewry provided a link between such divergent elements as plutocracy and Bolshevism and if Jewry was first able to work successfully in the democratic countries in preparing this war against Germany, it has by now placed itself unreservedly on the side of Bolshevism which, with its entirely mistaken slogans of racial freedom against racial hatred, has created the very conditions the Jewish race requires in its struggle for domination, over other races.”
And then skipping a few lines in that quotation:
“Not the last result of German resistance on all the fronts, so unexpected to the enemy, is the fruition of a development which began in the pre-war years, that is, the process of subordinating British policy to far-reaching Jewish points of view. This development started long before this when Jewish emigrants from Germany commenced their warmongering against us from British and American soil.”
And then skipping several sentences and going to the last sentence on that page.
“This whole attempt, aiming at the establishment of Jewish world domination, was obviously made at a time when the national-racial consciousness had been too far awakened to promise such an aim success.”
Your Honors, we suggest that that is an invitation to further persecution of the Jews and, indeed, to their elimination.
Fritzsche also incited and encouraged ruthless measures against the peoples of the U.S.S.R. In his regular broadcasts Fritzsche’s incitements against the peoples of the U.S.S.R. were often linked to, and were certainly as inflammatory as, his slanders against the Jews. If these slanders were not so tragic in their relation to the murder of millions of people, they would be comical, indeed ludicrous. It is ironic that the propaganda libels against the peoples of the U.S.S.R. concerning atrocities actually described some of the many atrocities committed by the German invaders, as we now well know. The following quotations are again taken from the BBC intercepted broadcasts and their translations, beginning shortly after the invasion of the U.S.S.R. in June 1941. The first one is taken again from Page 16 of our document book. I will read only the last half of Item 7, beginning with the third paragraph:
“As can be sufficiently seen by letters reaching us from the front, from P.K. reporters”—and may I interrupt my quotation there to say that “P.K.” stands for “Propaganda Kompanie,” propaganda companies which were attached to the German Army wherever it went—“P.K. reporters and soldiers on leave, in this struggle in the East not one political system is pitted against another, not one philosophy is fighting another, but culture, civilization, and human dignity have stood up against the diabolical principle of a subhuman world.”
And then another quote in the next paragraph:
“It was only the Führer’s decision to strike in time that saved our homeland from the fate of being overrun by those subhuman creatures, and our men, women, and children from the unspeakable horror of becoming their prey.”
In the next broadcast I want to quote from, 10th of July 1941, in the first paragraph Fritzsche speaks of the inhuman deeds committed in areas controlled by the Soviet Union, and he states that one, upon seeing the evidence of those deeds committed, comes—and here I quote:
“. . . finally to make the holy resolve to lend one’s assistance in the final destruction of those who are capable of such dastardly acts.”
And then quoting again, the last paragraph:
“The Bolshevist agitators made no effort to deny that in towns, thousands, and in the villages, hundreds of corpses of men, women, and children have been found, who had been either killed or tortured to death. In spite of this Bolshevik agitators assert that this was not done by Soviet commissars but by German soldiers. But we know our German soldiers. No German women, fathers, or mothers require proofs that their husbands or their sons cannot have committed such atrocious acts.”
Evidence already in the Record, or shortly to be offered in this case by our Soviet colleagues, will prove that representatives of these Nazi conspirators did not hesitate to exterminate Soviet soldiers and civilians by scientific mass methods. These inciting remarks by Fritzsche made him an accomplice in these crimes because his labeling of the Soviet peoples as members of a “subhuman world” seeking to “exterminate” the German people and similar desperate talk helped, by these propaganda diatribes, to fashion the psychological atmosphere of utter and complete unreason and the hatred which instigated and made possible these atrocities in the East.
Although we cannot say that Fritzsche directed that 10,000 or 100,000 persons be exterminated, it is enough to pause on this question: Without these incitements of Fritzsche, how much harder it would have been for these conspirators to have effected the conditions which made possible the extermination of millions of people in the East.
THE PRESIDENT: Would that be a convenient time to break off?
[A recess was taken.]
CAPT. SPRECHER: Fritzsche encouraged, affirmed, and glorified the policy of the Nazi conspirators in ruthlessly exploiting the occupied countries. Again I read an excerpt from his radio broadcast of the 9th of October 1941, found at Pages 2102 and 2103 of the BBC translation. I would like to cut it down, but it is one of those long German sentences that just cannot be broken down:
“Today we can only say: Blitzkrieg or not, this German thunderstorm has cleansed the atmosphere of Europe. Certainly it is quite true that the dangers threatening us were eliminated one after the other with lightning speed but in these lightning blows which shattered England’s allies on the continent, we saw not a proof of the weakness, but a proof of the strength and superiority of the Führer’s gift as a statesman and military leader; a proof of the German peoples’ might; we saw the proof that no opponent can rival the courage, discipline, and readiness for sacrifice displayed by the German soldier, and we are particularly grateful for these lightning, incomparable victories, because—as the Führer emphasized last Friday—they give us the possibility of embarking on the organization of Europe and on the lifting of the treasures”—I would like to repeat that—“lifting of the treasures of this old continent, already now in the middle of war, without its being necessary for millions and millions of German soldiers to be on guard, fighting day and night along this or that threatened frontier; and the possibilities of this continent are so rich that they suffice to supply all needs in peace or war.”
Concerning the exploitation of foreign countries, Fritzsche states himself, at Paragraph 39 of his affidavit:
“The utilization of the productive capacity of the occupied countries for the strengthening of the German war potential, I have openly and with praise pointed out, all the more so as the competent authorities put at my disposal much material, especially on the voluntary placement of manpower.”
Fritzsche was a credulous propagandist indeed if he gloriously praised the exploitation policy of the German Reich, chiefly or especially because the competent authorities gave him a sales talk on the voluntary placement of manpower.
I come now to Fritzsche as the high commander of the entire German radio system. Fritzsche continued as the head of the German Press Division until after the conspirators had begun the last of their aggressions. In November 1942, Goebbels created a new position, that of Plenipotentiary for the Political Organization of the Greater German Radio, a position which Fritzsche was the first and the last to hold. In Paragraph 36, Document Number 3469-PS, the Fritzsche affidavit, Fritzsche narrates how the entire German radio and television system was organized under his supervision. That is at Page 29 of your document book. He states:
“My office practically represented the high command of German radio.”
As special Plenipotentiary for the Political Organization of the Greater German Radio, Fritzsche issued orders to all the Reich propaganda offices by teletype. These were used first in conforming the entire radio apparatus of Germany to the desires of the conspirators.
Goebbels customarily held an 11 o’clock conference with his closest collaborators within the Propaganda Ministry. When both Goebbels and his undersecretary, Dr. Naumann, were absent, Goebbels, after 1943, entrusted Fritzsche with the holding of this 11 o’clock press conference.
In Document Number 3255-PS the Court will find Goebbels’ praise of Fritzsche’s broadcasts. This praise was given in Goebbels’ introduction to a book by Fritzsche called, War to the War Mongers. I would like to offer the quotation in evidence as Exhibit Number USA-724, from the Rundfunk Archiv, at Page 18 of Your Honors’ document book. This is Goebbels speaking:
“Nobody knows better than I how much work is involved in those broadcasts, how many times they were dictated within the last minutes to find some minutes later a willing ear by the whole nation.”
So we have it from Goebbels himself that the entire German nation was prepared to lend willing ears to Fritzsche, after he had made his reputation on the radio.
The rumor passed that Fritzsche was “His Master’s Voice” (Die Stimme seines Herrn). This is certainly borne out by Fritzsche’s functions. When Fritzsche spoke on the radio it was indeed plain to the German people that they were listening to the high command of the conspirators in this field.
Fritzsche is not being presented by the Prosecution as the type of conspirator who signed decrees or as the type of conspirator who sat in the inner councils planning all of the over-all grand strategy of these conspirators. The function of propaganda is, for the most part, apart from the field of such planning. The function of a propaganda agency is somewhat more analogous to an advertising agency or public relations department, the job of which is to sell the product and to win the market for the enterprise in question. Here the enterprise, we submit, was the Nazi conspiracy. In a conspiracy to commit fraud, the gifted salesman of the conspiratorial group is quite as essential and quite as culpable as the master planners, even though he may not have contributed substantially to the formulation of all the basic strategy, but rather contributed to the artful execution of this strategy.
In this case the Prosecution most emphatically contends that propaganda was a weapon of tremendous importance to this conspiracy. We further contend that the leading propagandists were major accomplices in this conspiracy, and further, that Fritzsche was a major propagandist.
When Fritzsche entered the Propaganda Ministry, the most fabulous “lie factory” of all time, and thus attached himself to this conspiracy, he did this with a more open mind than most of these conspirators who had committed themselves at an earlier date, before the seizure of power. He was in a particularly strategic position to observe the frauds committed upon the German people and upon the world by these conspirators.
The Tribunal will recall that in 1933, before Fritzsche took his party oath of unconditional obedience and subservience to the Führer and thus abdicated his moral responsibility to these conspirators, he had observed at first-hand the operations of the storm troopers and the Nazi race pattern in action. When, notwithstanding this, Fritzsche undertook to bring the German news agencies in their entirety within fascist control, he learned from the inside, from Goebbels’ own lips, much of the cynical intrigue and many of the bold lies against opposition groups within and without Germany. He observed, for example, the opposition journalists, a profession to which he had previously been attached, being forced out of existence, crushed to the ground, either absorbed or eliminated. He continued to support the conspiracy. He learned from day to day the art of intrigue and quackery in the process of perverting the German nation, and he grew in prestige and influence as he practiced this art.
The Tribunal will also recall that Fritzsche had said that his predecessor Berndt fell from the leadership of the German Press Division partly because he overplayed his hand by the successful but blunt and overdone manipulation of the Sudetenland propaganda. Fritzsche stepped into the gap which had been caused by the loss of confidence of both the editors and the German people, and Fritzsche did his job well.
No doubt Fritzsche was not as blunt as the man he succeeded; but Fritzsche’s relative shrewdness and subtlety, his very ability to be more assuring and “to find,” as Goebbels said, “the willing ears of the whole nation,” these things made him the more useful accomplice of these conspirators.
Nazi Germany and its press went into the actual phase of war operations with Fritzsche at the head of the particular propaganda instrument controlling the German press and German news, whether by the press or by radio. In 1942 when Fritzsche transferred from the field of the press to the field of radio, he was not removed for bungling but only because Goebbels then needed him most in the field of radio. Fritzsche is not in the dock as a free journalist, but as an efficient, controlled Nazi propagandist, a propagandist who helped substantially to tighten the Nazi stranglehold over the German people, a propagandist who made the excesses of these conspirators more palatable to the consciences of the German people themselves, a propagandist who cynically proclaimed the barbarous racialism which is at the very heart of this conspiracy, a propagandist who coldly goaded humble Germans to blind fury against people they were told by him were subhuman and guilty of all the suffering of Germany, suffering which indeed these Nazis themselves, had invited.
In conclusion, I wish to say only this. Without the propaganda apparatus of the Nazi State it is clear that the world, including Germany, would not have suffered the catastrophe of these years; and it is because of Fritzsche’s able role on behalf of the Nazi conspirators and their deceitful and barbarous practices in connection with the conspiracy that he is called to account before this International Tribunal.
SIR DAVID MAXWELL-FYFE (Deputy Chief Prosecutor for the United Kingdom): May it please the Tribunal, it was intended that the next presentation would be by Colonel Griffith-Jones in the case of the Defendant Hess. I understand that the Tribunal has in mind that it might be better if that were left for the moment; if so, Major Harcourt Barrington is prepared to make the presentation with regard to the Defendant Von Papen.
THE PRESIDENT: Yes. We understood that the Defendant Hess’s counsel could not be present today, and therefore it was better to go on with one of the others.
SIR DAVID MAXWELL-FYFE: If your Lordship pleases, then Major Harcourt Barrington will deal with the presentation against the Defendant Von Papen.
MAJOR J. HARCOURT BARRINGTON (Junior Counsel for the United Kingdom): My Lord, I understand that the court interpreters have not got the proper papers and document books up here yet, but they can get them in a very few minutes. Would your Lordship prefer that I should go on or wait until they have got them?
THE PRESIDENT: Very well. Go on then.
MAJOR BARRINGTON: May it please the Tribunal, it is my duty to present the case against the Defendant Von Papen. Before I begin I would like to say that the documents in the document books are arranged numerically and not in the order of presentation, and that the English document books are paged in red chalk at the bottom of the page.
THE PRESIDENT: Does that mean that the French and the Soviet are not?
MAJOR BARRINGTON: My Lord, we did not prepare French and Soviet document books.
THE PRESIDENT: Major Barrington, the French members of the Tribunal have no document books at all.
MAJOR BARRINGTON: My Lord, there should be a German document book for the French member. I understand it is now being fetched. Should I wait until it arrives?
THE PRESIDENT: I think you can go on.
MAJOR BARRINGTON: The Defendant Papen is charged primarily with the guilt of conspiracy, and the proof of this charge of conspiracy will emerge automatically from the proof of the four allegations specified in Appendix A of the Indictment. These are as follows:
(1) He promoted the accession of the Nazi conspirators to power.
(2) He participated in the consolidation of their control over Germany.
(3) He promoted the preparations for war.
(4) He participated in the political planning and preparation of the Nazi conspirators for wars of aggression, et cetera.
Broadly speaking, the case against Von Papen covers the period from the 1st of June 1932 to the conclusion of the Anschluss in March 1938.
So far in this Trial, almost the only evidence specifically implicating Von Papen has been evidence in regard to his activities in Austria. This evidence need only be summarized now. But if the case against Von Papen rested on Austria alone, the Prosecution would be in the position of relying on a period during which the essence of his task was studied plausibility and in which his whole purpose was to clothe his operations with a cloak of sincerity and innocent respectability. It is therefore desirable to put the evidence already given in its true perspective by showing in addition the active and prominent part he played for the Nazis before he went to Austria.
Papen himself claims to have rejected many times Hitler’s request that he should actually join the Nazi Party. Until 1938 this may indeed have been true, for he was shrewd enough to see the advantage of maintaining, at least outwardly, his personal independence. It will be my object to show that, despite his facade of independence, Papen was an ardent member of this conspiracy and, in spite of warnings and rebuffs, was unable to resist its fascination.
In the submission of the Prosecution, the key to Von Papen’s activities is that, although perhaps not a typical Nazi, he was an unscrupulous political opportunist and ready to fall in with the Nazis when it suited him. He was not unpracticed in duplicity and viewed with an apparent indifference the contradictions and betrayals which his duplicity inevitably involved. One of his chief weapons was fraudulent assurance.
Before dealing with the specific charges, I will refer to Document 2902-PS, which is on Page 38 of the English document book, and I put it in as Exhibit GB-233. This is Von Papen’s own signed statement showing his appointments. It is not in chronological order, but I will read the relevant parts as they come. I need not read the whole of it. The Tribunal will note that this statement is written by Dr. Kubuschok, Counsel for Von Papen, although it is signed by Von Papen himself. Paragraph 1:
“Von Papen many times rejected Hitler’s request to join the NSDAP. Hitler simply sent him the Golden Party Badge. In my opinion, legally speaking, he did not thereby become a member of the Party.”
Interposing there, My Lord, the fact that he was officially regarded as having become a member in 1938 will be shown by a document which I shall refer to later.
Going on to Paragraph 2:
“From 1933 to 1945 Von Papen was a member of the Reichstag.”
Paragraph 3:
“Von Papen was Reich Chancellor from the 1st of June 1932 to the 17th of November 1932. He carried on the duties of Reich Chancellor until his successor took office—until the 2d of December 1932.”
Paragraph 4:
“On the 30th of January 1933 Von Papen was appointed Vice Chancellor. From the 30th of June 1934”—which was the date of the Blood Purge—“he ceased to exercise official duties. On that day he was placed under arrest. Immediately after his release on the 3rd of July 1934 he went to the Reich Chancellery to hand in his resignation to Hitler.”
The rest of that paragraph I need not read. It is an argument which concerns the authenticity or otherwise of his signature as it appears in the Reichsgesetzblatt to certain decrees in August 1934. I am prepared to agree with his contention that his signature on those decrees may not have been correct and may have been a mistake. He admits holding office only to the 3rd of July 1934.
He was, as the Tribunal will also remember, in virtue of being Reich Chancellor, a member of the Reich Cabinet.
Going on to Paragraph 5:
“On the 13th of November 1933, Von Papen became Plenipotentiary for the Saar. This office was terminated under the same circumstances described under Paragraph 4.”
The rest of the document I need not read. It concerns his appointments to Vienna and Ankara, which are matters of history. He was appointed Minister to Vienna on the 26th of July 1934, and recalled on the 4th of February 1938, and he was Ambassador in Ankara from April 1939 until August 1944.
The first allegation against the Defendant Von Papen is that he used his personal influence to promote the accession of the Nazi conspirators to power. From the outset Von Papen was well aware of the Nazi program and Nazi methods. There can be no question of his having encouraged the Nazis through ignorance of these facts. The official NSDAP program was open and notorious; it had been published in Mein Kampf for many years; it had been published and republished in the Yearbook of the NSDAP and elsewhere. The Nazis made no secret of their intention to make it a fundamental law of the State. This has been dealt with in full at an earlier stage of the Trial.
During 1932 Von Papen as Reich Chancellor was in a particularly good position to understand the Nazi purpose and methods; and in fact, he publicly acknowledged the Nazi menace. Take, for instance, his Münster speech on the 28th of August 1932. This is Document 3314-PS, on Page 49 of the English document book, and I now put it in as Exhibit GB-234, and I quote two extracts at the top of the page:
“The licentiousness emanating from the appeal of the leader of the National Socialist movement does not comply very well with his claims to governmental power. . . . I do not concede him the right to regard only the minority following his banner as the German nation and to treat all other fellow countrymen as free game.”
Take also his Munich speech of the 13th of October 1932. That is on Page 50 of the English document book, Document Number 3317-PS, which I now put in as Exhibit GB-235, and I will simply read the last extract on the page:
“In the interest of the entire nation, we decline the claim to power by parties which want to bind their followers body and soul and which want to identify their party or movement with the German nation.”
I do not rely on these random extracts to show anything more than that he had, in 1932, clearly addressed his mind to the inherent lawlessness of the Nazi philosophy. Nevertheless, in his letter to Hitler of the 13 of November 1932, which I shall quote more fully later, he wrote of the Nazi movement as, I quote:
“. . . so great a national movement, the merits of which for people and country I have always recognized in spite of necessary criticisms . . . .”
So variable and so seemingly contradictory were Von Papen’s acts and utterances regarding the Nazis that it is not possible to present the picture of Papen’s part in this infamous enterprise unless one first reviews the steps by which he entered upon it. It then becomes clear that he threw himself, if not wholeheartedly, yet with cool and deliberate calculation, into the Nazi conspiracy.
I shall enumerate some of the principal steps by which Papen fell in with the Nazi conspiracy.
As a result of his first personal contact with Hitler, Von Papen as Chancellor rescinded, on the 14th of June 1932, the decree passed on the 13th of April 1932 for the dissolution of the Nazi para-military organizations, the SA and the SS. He thereby rendered the greatest possible service to the Nazi Party, inasmuch as it relied upon its para-military organizations to beat the German people into submission. The decree rescinding the dissolution of the SA and the SS is shown in Document D-631, on Page 64 of the document book; and I now put it in as Exhibit GB-236. It is an extract from the Reichsgesetzblatt, which was an omnibus decree. The relevant passage is in Paragraph 20:
“This order comes into operation from the day of announcement. It takes the place of the Decree of the Reich President for the Safeguarding of the State Authority of . . . .”—the date should be the 13th of April 1932.
THE PRESIDENT: Which page of the document book is it?
MAJOR BARRINGTON: I am sorry, My Lord; it is Page 64. And the date shown there should not be the 3rd of May 1932, it should be the 13th of April 1932. That was the decree which had previously dissolved the Nazi para-military organizations under the Government of Chancellor Brüning. At the bottom of the page the Tribunal will see the relevant parts of the decree of the 13th of April reproduced. At the beginning of Paragraph 1 of that decree it said:
“All organizations of a military nature of the German National Socialist Labor Party will be dissolved with immediate effect, particularly the SA and the SS.”
This rescission by Von Papen was done in pursuance of a bargain made with Hitler which is mentioned in a book called Dates from the History of the NSDAP by Dr. Hans Volz, a book published with the authority of the NSDAP. It is already an exhibit, Exhibit USA-592. The extract I want to quote is on Page 59 of the document book, and it is Document Number 3463-PS. I quote an extract from Page 41 of this little book:
“28th of May”—that was in 1932, of course—“In view of the imminent fall of Brüning, at a meeting between the former Deputy of the Prussian Center Party, Franz Von Papen, and the Führer in Berlin (first personal contact in spring 1932); the Führer agrees that a Papen cabinet should be tolerated by the NSDAP, provided that the prohibitions imposed on the SA, uniforms, and demonstrations be lifted and the Reichstag dissolved.”
It is difficult to imagine a less astute opening gambit for a man who was about to become Chancellor than to reinstate this sinister organization which had been suppressed by his predecessor. This action emphasizes the characteristic duplicity and insincerity of his public condemnations of the Nazis which I quoted a few minutes ago.
Eighteen months later he publicly boasted that at the time of taking over the chancellorship he had advocated paving the way to power for what he called the “young fighting liberation movement.” That will be shown in Document 3375-PS, which I shall introduce in a few minutes.
Another important step was when, on the 20th of July 1932, he accomplished his famous coup d’état in Prussia which removed the Braun-Severing Prussian Government and united the ruling power of the Reich and Prussia in his own hands as Reichskommissar for Prussia. This is now a matter of history. It is mentioned in Document D-632, which I now introduce as Exhibit GB-237. It is on Page 65 of the document book. This document is, I think, a semi-official biography in a series of public men.
Papen regarded this step, his coup d’état in Prussia, as a first step in the policy later pursued by Hitler of coordinating the states with the Reich, which will be shown in Document 3357-PS, which I shall come to later.
The next step, if the Tribunal will look at Document D-632, on Page 65 of the document book, the last four or five lines at the bottom of the page:
“The Reichstag elections of the 31st of July, which were the result of Von Papen’s disbandment of the Reichstag on the 4th of June”—which was made in pursuance of the bargain that I mentioned a few minutes ago—“strengthened enormously the NSDAP, so that Von Papen offered to the leader of the now strongest party his participation in the government as Vice Chancellor. Adolf Hitler rejected this offer on the 13th of August.
“The new Reichstag, which assembled on the 30th of August, was disbanded by the 12th of September. The new elections brought about a considerable loss to the NSDAP, but did not strengthen the Government parties, so that Papen’s Government retired on the 17th of November 1932 after unsuccessful negotiations with the Party leaders.”
My Lord, I shall wish to quote a few more extracts from that biography, but as it is a mere catalogue of events, perhaps Your Lordship would allow me to return to it at the appropriate time.
So far as those negotiations mentioned just now in the biography concern Hitler, they involved an exchange of letters in which Von Papen wrote to Hitler on the 13th of November 1932. That letter is Document D-633, on Page 68 of the English document book, and I now put it in as Exhibit GB-238. I propose to read a part of this letter, because it shows the positive efforts made by Papen to ally himself with the Nazis, even in face of further rebuffs from Hitler. I read the third paragraph. I should tell the Tribunal that there is some underlining in the English translation of that paragraph which does not occur in the German text:
“A new situation has arisen through the elections of November the 6th, and at the same time a new opportunity for a consolidation of all nationalist elements. The Reich President has instructed me to find out by conversations with the leaders of the individual parties concerned whether and how far they are ready to support the carrying out of the political and economic program on which the Reich Government has embarked. Although the National Socialist press has been writing that it is a naive attempt for Reich Chancellor Von Papen to try to confer with personalities representing the nationalist concentration, and that there can only be one answer, ‘No negotiations with Papen,’ I would consider it neglecting my duties, and I would be unable to justify it to my own conscience, if I did not approach you in the spirit of the order given to me. I am quite aware from the papers that you are maintaining your demands to be entrusted with the Chancellor’s Office, and I am equally aware of the continued existence of the reasons for the decision of August the 13th. I need not assure you again that I myself do not claim any personal consideration at all. All the same, I am of the opinion that the leader of so great a national movement, whose merits for people and country I have always recognized in spite of necessary criticism, should not refuse to enter into discussions on the situation and the decisions required with the presently leading and responsible German statesman. We must attempt to forget the bitterness of the elections and to place the cause of the country which we are mutually serving above all other considerations.”
Hitler replied on 16 November 1932 in a long letter, laying down terms which were evidently unacceptable to Von Papen, since he resigned the next day and was succeeded by Von Schleicher. That document is D-634, put in as part of Exhibit GB-238 as it is part of the same correspondence. I need not read from the letter itself.
Then came the meetings between Papen and Hitler in January 1933, in the houses of Von Schröder and of Ribbentrop, culminating in Von Schleicher being succeeded by Hitler as Reich Chancellor on 30 January 1933. Referring back again to the biography on Page 66 of the document book, there is an account of the meeting at Schröder’s house, the second paragraph on the page:
“The meeting with Hitler, which took place in the beginning of January 1933, in the house of the banker Baron Von Schröder in Cologne, is due to his initiative”—that means, of course Papen’s initiative—“although Von Schröder was the mediator. Both Von Papen and Hitler later made public statements about this meeting (press of 6 January 1933). After the rapid downfall of Von Schleicher on the 28th of January 1933, the Hitler-Von Papen-Hugenberg-Seldte Cabinet was formed on the 30th of January 1933 as a government of national solidarity. In this cabinet Von Papen held the office of Vice Chancellor and Reich Commissioner for Prussia.”
The meetings at Ribbentrop’s house, at which Papen was also present, have been mentioned by Sir David Maxwell-Fyfe (Document D-472, which was Exhibit GB-130).
I now wish to introduce into evidence an affidavit by Von Schröder, but I understand that Dr. Kubuschok wishes to take an objection to this. Perhaps before Dr. Kubuschok takes his objection it might help if I said, quite openly, that Schröder is now in custody, and according to my information he is at Frankfurt; so that physically he undoubtedly could be called. Perhaps I might also say at this moment that there would be no objection from the Prosecution’s point of view to interrogatories being administered to Von Schröder on the subject matter of this affidavit.
DR. EGON KUBUSCHOK (Counsel for Defendant Von Papen): I object to the reading of the affidavit of Schröder. I know that in individual cases the Tribunal has permitted the reading of affidavits. This occurred under Article 19 of the Charter, which is based on the proposition that the Trial should be conducted as speedily as possible and that for this reason the Tribunal should order the rules of ordinary court procedure in that respect. Of decisive importance, therefore, is the speediness of the Trial. But in our case the reading of the affidavit cannot be approved for that reason.
Our case is quite analogous to the case that was decided on the 14th of December with regard to Kurt Von Schuschnigg’s affidavit. Schröder is in the vicinity. Schröder was apparently brought to the neighborhood of Nuremberg for the purposes of this Trial. The affidavit was taken down on 5 December. He could be brought here at any time. The reading of the affidavit would have the consequence that I would have to refer not only to him but also to several other witnesses, because Schröder describes a series of facts in his affidavit which in their entirety are not needed for the finding of a decision. However, once introduced into the Trial, they must also be discussed by the Defense in the pursuance of its duty.
The affidavit discusses internal political matters, using improper terms. For this reason misunderstandings would be brought into the Trial which could be obviated by the hearing of a witness I believe, therefore, that the oral testimony of a witness should be the only way in which Schröder’s testimony should be submitted to the Tribunal, since otherwise a large number of witnesses will have to be called along with the reading of Schröder’s affidavit and his personal interrogation.
THE PRESIDENT: Have you finished?
DR. KUBUSCHOK: Yes.
THE PRESIDENT: Do you wish to make any observation?
MAJOR BARRINGTON: Yes, I do, My Lord. The Tribunal has been asked to exclude this affidavit, using as a precedent the decision on Von Schuschnigg’s affidavit. I think I am correct in saying that Von Schuschnigg’s affidavit was excluded as an exception to the general rule on affidavits which the Tribunal laid down earlier the same day when Mr. Messersmith’s affidavit was accepted. Perhaps Your Lordship will allow me to read from the transcript the Tribunal’s decision on the affidavit of Messersmith.
THE PRESIDENT: Mr. Messersmith was in Mexico, was he not?
MAJOR BARRINGTON: That is so, My Lord; yes.
THE PRESIDENT: So that the difference between him and Schuschnigg in that regard was very considerable.
MAJOR BARRINGTON: In that regard, but what I was going to say was this, My Lord: In ruling on Messersmith’s affidavit Your Lordship said:
“In view of those provisions”—that is Article 19 of the Charter—“the Tribunal holds that affidavits can be presented and that in the present case it is a proper course. The question of the probative value of the affidavit as compared with the witness who has been cross-examined would, of course, be considered by the Tribunal, and if at a later stage the Tribunal thinks the presence of a witness is of extreme importance, the matter can be reconsidered.”
And Your Lordship added:
“If the Defense wish to put interrogatories to the witness, they will be at liberty to do so.”
Now in the afternoon of that day, when Schuschnigg’s affidavit came up . . .
THE PRESIDENT: Which day was this?
MAJOR BARRINGTON: This was the 28th of November, My Lord. It is on Page 473 (Volume II, Page 352) of the transcript, the Messersmith affidavit; and Page 523 (Volume II, Page 384) is the Schuschnigg affidavit.
Now, when the objection was taken to the Schuschnigg affidavit, the objection was put in these words:
“Today when the resolution was announced in respect of the use to be made of the written affidavit of Mr. Messersmith, the Court was of the opinion that in a case of very great importance possibly it would take a different view of the matter.”—And then defense counsel went on to say—“As it is a case of such an important witness, the principle of direct evidence must be adhered to.”
THE PRESIDENT: Have you a reference to a subsequent occasion on which we heard Mr. Justice Jackson upon this subject, when Mr. Justice Jackson submitted to us that on the strict interpretation of Article 19 we were bound to admit any evidence which we deemed to have probative value?
MAJOR BARRINGTON: My Lord, I haven’t got that reference.
THE PRESIDENT: Why don’t you call this witness?
MAJOR BARRINGTON: I say, quite frankly—and I was coming on to that—this witness is in a position of being an alleged co-conspirator, and I do not make any secret of the fact that for obvious reasons the Prosecution would not desire to call him as a witness, and I put this affidavit forward as an admission by a co-conspirator. I admit that it is not an admission made in pursuance of the conspiracy, but I submit that by technical rules of evidence, this affidavit may be accepted in evidence as an admission by a co-conspirator; and as I said before, there will be no objection to administering interrogatories on the subject matter of this affidavit, and indeed, the witness would be available to be called as a defense witness if required.
That is all I have to say on that, My Lord.
THE PRESIDENT: There would be no objection to bringing the witness here for the purpose of cross-examination upon the affidavit?
MAJOR BARRINGTON: I don’t think there could be any objection if it were confined to the subject matter of the affidavit. I would not like . . .
THE PRESIDENT: How could you object, for instance, to the defendant himself applying to call the witness?
MAJOR BARRINGTON: As I said, I don’t think there could be any objection to that, My Lord.
THE PRESIDENT: The result would be the same, wouldn’t it? If the witness were called for the purpose of cross-examination, then he could be asked other questions which were not arising out of the matter in the affidavit. If the defendant can call him as his own witness, there can be no objection to the cross-examination going outside the matter of the affidavit.
MAJOR BARRINGTON: Of course he couldn’t be cross-examined by the Prosecution in that event, My Lord.
THE PRESIDENT: You mean you would ask his questions in re-examination, but they would not take the form of cross-examination?
MAJOR BARRINGTON: That is what I mean, My Lord.
THE PRESIDENT: You mean that you would prefer that he should be called for the defendants rather than be cross-examined outside the subject matter of the affidavit?
MAJOR BARRINGTON: Yes.
THE PRESIDENT: Is there anything you wish to add or not?
MAJOR BARRINGTON: There is nothing I wish to add.
THE PRESIDENT: It is time for us to adjourn. We will consider the matter.