THE PRESIDENT: May I ask you then, General: If the evidence given before the Polish Commission is the same as the evidence which Bach-Zelewski gave in court, it would be cumulative; if it is different, then surely the defendants’ counsel ought to have the opportunity of cross-examining him upon it.
MR. COUNSELLOR RAGINSKY: The testimony which was given by Bach-Zelewski to the prosecutor of the Polish Republic is supplementary. Bach-Zelewski was not examined before the Tribunal about the devastations.
THE PRESIDENT: General Raginsky, the Tribunal understood you to say that you would be prepared to withdraw this evidence in view of the fact that the witness had given evidence already and the Tribunal considers that that is the proper course to take. So then the evidence will be withdrawn and struck from the record so far as it has been put on the record.
I think this would be a good time to adjourn.
[A recess was taken.]
MR. COUNSELLOR RAGINSKY: As a result of the decision of the Tribunal, I exclude Page 21 from my report and pass on to Page 22. I shall read into the record an extract from the diary of the Defendant Frank, which was presented to the Tribunal as Exhibit Number USSR-223 (Document Number USSR-223). This extract is on Page 45 of the document book. I have in mind the file which was begun on 1 August 1944 and brought to 14 December 1944, entitled “Diary,” where there is a note which mentions the contents of a telegram sent by Frank to Reich Minister Lammers. I read—on 5 August 1944:
“The Governor General sends the following telegram to Reich Minister Dr. Lammers:
“ ‘. . . The city of Warsaw is, for the most part, engulfed in flames. Burning of the houses is the surest way to rob the insurgents of any shelter. . . .
“ ‘After this uprising and its suppression, Warsaw will justly be committed to its deserved fate of being completely destroyed.’ ”
These documents prove, thus, that the fascist conspirators set for themselves the aim of razing to the ground the capital of the Polish State, Warsaw, and that the Defendant Frank played an active part in this crime.