Now, the Tribunal is referred to Document R-146, at Page 5 of the document book. This is offered as Exhibit USA-678.
I am a little in doubt, Your Honors, as to whether I should read all this document, in view of our common anxiousness to pass rapidly on; but perhaps I may paraphrase it, and if you are not satisfied I will read it.
These documents establish clearly that during a visit by Hitler to Vienna, Schirach and two other officials brought a complaint before the Führer that the confiscations of Church property in Austria, made on various pretexts, should be made in favor of the Gaue rather than of the Reich. Later the Führer decided the issue in favor of the position which had been taken by Schirach, namely, in favor of the Gau. I use this merely to connect Schirach with the persecution of the churches, concerning which there has been a great deal of evidence before this time.
THE TRIBUNAL (Mr. Biddle): None of it is in evidence yet. You have not put anything in evidence. We cannot take judicial notice of something unless you ask us to.
CAPT. SPRECHER: Your ruling is that this would not be in evidence unless I read it?
THE TRIBUNAL (Mr. Biddle): I am not making any ruling; I was merely pointing out to you that we have nothing in evidence on the last document.
CAPT. SPRECHER: I think, under the circumstances, I had better read this document:
“Munich, 20 March 1941, Brown House, Personal-Secret.
“To: All Gau leaders. Subject: Sequestration of Church properties (Monastery property, et cetera).