THE PRESIDENT: The principle is not whether you think the clarification is necessary, but whether the Tribunal thinks it; and, therefore, the Tribunal wishes to know what points you wish to put to him.
DR. LATERNSER: Yes, indeed. In the course of his testimony today the witness mentioned the fact that he had in his possession documentary evidence of murders in Poland and Russia. I wanted to ask him who had prepared these reports and in particular whether he is acquainted with a very thorough and scientifically prepared report made by Blaskowitz, commander in Poland, and intended for transmission to his superiors. That would be an extremely important point. Generaloberst Blaskowitz is a member of the group which I represent. From the facts to be shown, it is clear that the members of this group have always taken a stand against cruelty, if such cases were reported to them through official channels. I must therefore establish whether these reports, the object of which was to prevent atrocities, are to be ascribed to the co-operation of generals belonging to the indicted group.
MR. JUSTICE JACKSON: It seems to me, if I may suggest, Your Honors, that counsel is under the apprehension that he has here to deal with individual generals. We are dealing only with the group. If what counsel says about General Blaskowitz is true, that is a defense for him, and I am right to say that General Blaskowitz did defy this Nazi conspiracy. And if that fact is ever verified, he certainly should not be subject to penalties for the acts which he stood up against.
It seems to me that we are going into individual defenses here under a misapprehension that this is the occasion to try each and every one of the generals. We made no charge against them that they either did or did not have a Putsch or a Fritsch affair. The Fritsch affair is only referred to here as fixing the time when the Defendant Schacht became convinced that aggressive warfare was the purpose of the Nazi regime. The Putsch is only introduced because in his defense Schacht says he tried to induce a Putsch. It enters not at all into the case against the General Staff. And most of the General Staff who took any part in the Putsch were hanged and I cannot see how it could be any defense to those who remained and are under trial that a Putsch was or was not conducted. It seems that we are off the main track.
DR. LATERNSER: Mr. President, I would like to define my position with regard to this point. Unless I am permitted to ask questions about the attitude of the members of this group and in respect to such an important point, from which it is clear that they combated atrocities, it is impossible for me to make clear to the Tribunal the attitude typical of the high military leaders. It is absolutely necessary for me to follow up such points, especially since I have no other evidence material at my disposal; for I cannot consider a group criminal unless—for instance—the majority of its members actually committed crimes. I must be in a position to ask in this case what position Generaloberst Blaskowitz took in regard to the murders which took place in Poland.
THE PRESIDENT: The Tribunal will adjourn to consider the matter.
[A recess was taken.]
THE PRESIDENT: Dr. Laternser, the Tribunal considers that the questions that you have been putting, if relevant at all, are only extremely remotely relevant, and they cannot allow the cross-examination to continue for any length of time, or the time of the Tribunal would be wasted further. They think, and they rule, that you may put the question which they understand you desire to put in this form: The witness has spoken of reports which were received by the group of which he has spoken about atrocities in the East, and they think you may ask him who submitted those reports.
DR. LATERNSER: Witness, I should like you to answer this question: With whom did these reports of murders in Poland and Russia originate?
GISEVIUS: I know of one report made by Generaloberst Blaskowitz during the first few months of the Polish campaign on the basis of information received by him and the military offices under him. Beyond that, as far as I know, such reports were compiled only by the group Canaris-Oster. But I should not care to assert that another report was not written by someone else somewhere.