“As to Questions 2 to 6, which deal with Sagan, it was from General Korten that I learned, and I believe Colonel Christian informed me almost at the same time, that the airmen who had escaped from Sagan had been shot by order of the Führer. I rather think I heard about it first from General Korten, who, if I remember rightly, told me about it during one of the rather long telephone conversations which we had every evening. Korten made it quite clear that he disapproved of this, for the reasons which I mentioned in reply to Questions 2, 3, and 6. The conversation must have taken place at the end of March or the beginning of April. However, I cannot give the exact date.
“In reply to Questions 1 and 7, concerning the terror-fliers, it was approximately the beginning of June 1944—at first I thought that it was in July, but I think now that it must have been June—when General Korten advised me that the Führer intended to order that terror-fliers be left to the fury of the people.
“We discussed this matter repeatedly and we all agreed in our opposition. We had always considered the direct attacks by low-flying enemy aircraft on the civilian population, on women and children, gatherings of civilians, civilian passenger trains, hospitals, school children who were out for a walk, our own crews who were parachuting to earth, and farmers who were tilling their fields, cruel and contrary to international law, but we did not consider the decree which the Führer intended to issue to be the proper way to solve this very difficult problem. Our reasons for this refusal were articles of war, international law, it was against fundamental soldierly principles, and it would lead to many misunderstandings inflicting harm not only to enemy fliers, but also to our own men and affecting the morale of our own crews...”
THE PRESIDENT: Dr. Stahmer, is this not really going into argument and not dealing with facts? It really is not necessary for you to read all this witness’ arguments about it. He is not really dealing with facts at all now and it is in detail...
DR. STAHMER: Mr. President, these are the facts which he discussed with General Korten, the facts which decided them to reject the Führer’s order. These were the reasons which he and Korten discussed...
THE PRESIDENT: Some of what you have read no doubt is a matter of fact, but what you are now reading is a matter of argument.
DR. STAHMER: No, Mr. President.
THE PRESIDENT: Dr. Stahmer, surely you can summarize the rest of this.
DR. STAHMER: Mr. President, this document is of great importance to the defendant because it deals with just those points with which he is accused and which distress him most and...
THE PRESIDENT: I heard you say it is of great importance and therefore you have been reading it and insofar as it is statement of fact, it seems to me that there is some excuse for reading it in detail. But when you come to matters of argument, it seems to me there is no excuse for reading it, because argument by a particular witness is not really relevant for the Tribunal’s consideration at all. Summarize the argument, if you like. I mean, you have read the factual part. Summarize the rest which—maybe you can tell us, if you like, what the argument is.