No. 50, Misc. Erhard Milch, petitioner, vs. The United States of America. The motion for leave to file petition for writ of habeas corpus is denied. Mr. Justice Black, Mr. Justice Douglas, Mr. Justice Murphy, and Mr. Justice Rutledge are of the opinion that the petition should be set for hearing on the question of the jurisdiction of this Court. Mr. Justice Jackson took no part in the consideration or decision of this application.
APPENDIX
List of Witnesses in Case 2
[Note.—With the exception of Constantin von Neurath, Erich Raeder, and Albert Speer, all witnesses in this case appeared before the Tribunal. Prosecution witnesses are designated by the letter “P,” defense witnesses by the letter “D”, Tribunal witness by the letter “T”. The name not preceded by any designation represents the defendant testifying in his own behalf. Extracts from testimony in this Case are listed in the index of documents and testimonies.]
| Name | Date of Testimony | Pages | |
| (mimeographed transcript) | |||
| D | Alexander, Dr. Leo | 14 Feb 47 | 1074-1092 |
| D | Becker-Freyseng, Hermann | 14 Feb 47 | 1061-1066 |
| D | Brandt, Rudolf | 24 Feb 47 | 1330-1354 |
| D | Brauchitsch, Berndt von | 20 Feb 47 | 1271-1289 |
| D | Dorsch, Xaver | 24 Feb 47 | 1361-1379 |
| D | Engel, Gerhard | 24 Feb 47 | 1355-1361 |
| D | Eschenauer, Artur | 13 Feb 47 | 980-996 |
| D | Felmy, Helmut | 20 Feb 47 | 1290-1296 |
| P | Ferrier, Roland | 5, 6 Mar 47 | 1481-1548 |
| D | Foerster, Helmut | 12 Feb 47 | 915-938 |
| D | Hertel, Walter | 12 Feb 47 | 944-979 |
| D | Hippke, Erich | 7, 11 Feb 47 | 759-870 |
| D | Koenig, Max | 17 Feb 47 | 1189-1204 |
| D | Koerner, Paul | 5 Feb 47 | 652-710 |
| P | Krysiak, Joseph | 21 Mar 47 | 2362-2376 |
| P | Le Friec, Paul | 6 Mar 47 | 1550-1584 |
| T | Lichtenstein, Walter | 3 Mar 47 | 1428-1432 |
| Milch, Erhard | 11, 12, 13, 14, 17, 18, 19, 20 Mar 47 | 1696-2276 | |
| D | Neff, Walter | 12 Feb 47 | 939-943 |
| D | Neurath, Constantin von | 19 Feb 47 | 1440-1443 |
| D | Pendele, Max | 18 Feb 47 | 1205-1227 |
| D | Raeder, Erich | 4 Mar 47 | 1434-1439 |
| D | Reinecke, Hermann | 20 Mar 47 | 2277-2287 |
| D | Richter, Karl Eitel | 11 Feb 47 | 871-900 |
| D | Roeder, Manfred | 3 Mar 47 | 1381-1403 |
| D | Romberg, Hans Wolfgang | 14 Feb 47 | 1021A-1050 |
| D | Ruff, Siegfried | 14, 17 Feb 47 | 1092-1122 |
| D | Schmelter, Fritz | 6, 7 Feb 47 | 717-759 |
| D | Schniewind, Otto | 24 Feb 47 | 1307-1329 |
| D | Schroeder, Oskar | (withdrawn) | |
| D | Sievers, Wolfram | 14 Feb 47 | 1050-1057 |
| D | Speer, Albert | 17, 19 Feb 47 | 1136-1186; 1445-1457 |
| D | Vorwald, Wolfgang | 10, 11, 20, 21 Mar 47 | 1586-1696; 2287-2340 |
| D | Warlimont, Walter | 20 Feb 47 | 1296-1299 |
| D | Weltz, Georg August | 14 Feb 47 | 1066-1072 |
| D | Wolff, Karl | 18 Feb 47 | 1228-1268 |
INDEX OF DOCUMENTS AND TESTIMONY
| Document No. | Exhibit No. | Description | Page |
| EC-68 | Pros. Ex. 6 | Letter from the Ministry of Finance and Economics of Baden, 6 March 1941, containing directives regarding the treatment of Polish farm workers. | [389] |
| EC-194 | Pros. Ex. 8 | Memorandum of Keitel, 31 October 1941, concerning the use of PW’s in the armament industry. | [393] |
| F-824 | Pros. Ex. 57 | Order of Field Marshal von Kluge regarding compulsory recruitment of labor in the West, 25 July 1944. | [542] |
| L-61 | Pros. Ex. 20 | Letter from Sauckel to the presidents of Labor Offices, 26 November 1942, concerning deportation and employment of Poles and Jews. | [413] |
| L-79 | Pros. Ex. 3 | Extract from minutes of Fuehrer conference, 23 May 1939. | [387] |
| NI-1098 | Pros. Ex. 63 | Extracts from affidavit of Fritz Sauckel, 22 September 1946, regarding the jurisdiction of the Central Planning Board. | [456] |
| NO-219 | Pros. Ex. 83 | Letter from Dr. Rudolf Brandt to Dr. Rascher, 27 April 1942, concerning medical experiment report for Himmler and Milch. | [626] |
| NO-261 | Pros. Ex. 89 | Letter from Milch to Dr. Hippke, 4 June 1942, concerning availability of low pressure air chamber for experiments. | [626] |
| NO-262 | Pros. Ex. 119 | Letter from Dr. Hippke to SS Obergruppenfuehrer Wolff, 6 March 1943, concerning Rascher’s transfer to the Waffen SS. | [631] |
| NOKW-017 | Pros. Ex. 54 | Extracts from the minutes of the conference with Air Force Engineers and Chief Quartermasters under chairmanship of Milch, 25 March 1944. | [527] |
| NOKW-041 | Pros. Ex. 113 | Sworn statement by Hermann Goering, 27 September 1946, concerning Milch’s position as Inspector General of the Luftwaffe. | [625] |
| NOKW-180 | Pros. Ex. 155 | Extracts from stenographic notes on the conference at the Reich Marshal’s on Thursday, 4 November 1943, 11 o’clock at the Junkers Plant in Dessau. | [613] |
| NOKW-195 | Pros. Ex. 143 | Extracts from stenographic minutes of conference with Goering, 28 October 1943. | [608] |
| NOKW-245 | Pros. Ex. 157 | Extracts from stenographic minutes of conference with Goering, 22 February 1943, regarding plans for airplane construction. | [606] |
| NOKW-247 | Pros. Ex. 61 | Appointment of Field Marshal Milch as Goering’s plenipotentiary for the intensification of air force armament in June 1944. | [540] |
| NOKW-261 | Pros. Ex. 70 | Chart of the organization of the Jaegerstab drawn by Saur with letter of transmittal to prosecution staff, 14 November 1946. | [535] |
| NOKW-266 | Pros. Ex. 76 | Affidavit of Fritz Schmelter, 19 November 1946, concerning the organization of the Jaegerstab. | [559] |
| NOKW-269 | Pros. Ex. 59 | A short curriculum vitae of Field Marshal Erhard Milch. | [633] |
| NOKW-286 | Pros. Ex. 144 | Extracts from stenographic minutes of GL-Conference, 1 September 1942. | [605] |
| NOKW-287 | Pros. Ex. 49 | Letter from Milch to Sauckel, 8 April 1943, concerning the protection of industry. | [499] |
| NOKW-311 | Pros. Ex. 62 | Extract from interrogation of Hermann Goering on 6 September 1946, regarding Milch’s position as Generalluftzeugmeister (GL). | [597] |
| NOKW-320 | Pros. Ex. 73 | Extract from interrogation of Karl Otto Saur on 13 November 1946, concerning the use of concentration camp prisoners in Jaegerstab construction. | [558] |
| NOKW-334 | Pros. Ex. 75 | Extract from transcript of stenographic minutes of the Jaegerstab Conference of 25 April 1944. | [550] |
| NOKW-334 | Def. Ex. 16 | Extracts from stenographic minutes of the Jaegerstab Conference, 25 April 1944. | [564] |
| NOKW-336 | Pros. Ex. 75 | Extracts from transcript of stenographic minutes of the Jaegerstab Conference on 26 May 1944. | [555] |
| NOKW-336 | Def. Ex. 23 | Excerpts from the stenographic minutes of the Jaegerstab Conference on Friday, 26 May 1944, at 10:00 o’clock. | [566] |
| NOKW-337 | Pros. Ex. 75 | Extracts from transcript of stenographic minutes of the Jaegerstab Conference of 6 March 1944. | [544] |
| NOKW-337 | Def. Ex. 12 | Excerpts from the stenographic minutes of the Jaegerstab Conference on 6 March 1944 in the Reich Air Ministry. | [561] |
| NOKW-338 | Pros. Ex. 75 | Extracts from transcript of stenographic minutes of the Jaegerstab Conference on Friday, 17 March 1944. | [545] |
| NOKW-338 | Def. Ex. 13 | Excerpts from the stenographic minutes of the Jaegerstab Conference presided over by Field Marshal Milch on Friday, 17 March 1944, 1100 hours, in the Reich Air Ministry. | [562] |
| NOKW-346 | Pros. Ex. 75 | Extracts from transcript of stenographic minutes of the Jaegerstab Conference under chairmanship of Field Marshal Milch on Monday, 20 March 1944. | [546] |
| NOKW-359 | Pros. Ex. 75 | Extracts from transcript of stenographic minutes of the Jaegerstab Conference on 27 June 1944. | [557] |
| NOKW-361 | Pros. Ex. 75 | Extract from transcript of stenographic minutes of the Jaegerstab Conference during the 6th journey of the “Hubertus Undertaking” from 8-10 May 1944. | [554] |
| NOKW-362 | Pros. Ex. 75 | Extracts from transcript of stenographic minutes of Jaegerstab Conference on the occasion of the 5th trip of the “Hubertus Undertaking”, 2 and 3 May 1944. | [552] |
| NOKW-365 | Def. Ex. 15 | Extract from the stenographic minutes of the Jaegerstab Conference, 12 April 1944. | [563] |
| NOKW-388 | Pros. Ex. 75 | Extracts from transcript of stenographic minutes of the Jaegerstab Conference of 28 March 1944. | [547] |
| NOKW-390 | Pros. Ex. 75 | Extract from transcript of stenographic minutes of the Jaegerstab Conference of 4 May 1944. | [553] |
| NOKW-406 | Pros. Ex. 138 | Extracts from stenographic minutes of the GL-Conference, 7 July 1942. | [599] |
| NOKW-407 | Pros. Ex. 137 | Extracts from stenographic minutes of GL-Conference, 27 May 1942. | [599] |
| NOKW-408 | Pros. Ex. 139 | Extracts from stenographic minutes of GL-Conference, 28 July 1942. | [600] |
| NOKW-409 | Pros. Ex. 140 | Extracts from stenographic minutes of GL-Conference, 4 August 1942. | [601] |
| NOKW-412 | Pros. Ex. 141 | Extracts from stenographic minutes of GL-Conference, 18 August 1942. | [602] |
| NOKW-416 | Pros. Ex. 142 | Extracts from stenographic minutes of GL-Conference, 26 August 1942. | [602] |
| NOKW-418 | Pros. Ex. 136 | Extracts from stenographic minutes of GL-Conference, 5 May 1942. | [598] |
| NOKW-442 | Pros. Ex. 75 | Extract from transcript of stenographic minutes of the Jaegerstab Conference on 5 May 1944. | [554] |
| NOKW-442 | Def. Ex. 21 | Extract from the stenographic minutes of the Jaegerstab Conference, 5 May 1944. | [565] |
| NOKW-449 | Pros. Ex. 148 | Extracts from stenographic minutes of GL-Conference, 2 March 1943. | [607] |
| 016-PS | Pros. Ex. 13 | Letter from Sauckel to Rosenberg, 24 April 1942, and extracts from report on Sauckel’s labor mobilization program, 20 April 1942. | [405] |
| 084-PS | Pros. Ex. 16-A | Extracts from interdepartmental report of the Ministry for Occupied Eastern Territories, 30 September 1942, concerning the status of Eastern laborers. | [408] |
| 204-PS | Pros. Ex. 39 | Extracts from memorandum of a conference, 18 February 1944, concerning the release of indigenous labor for purposes of the Reich. | [424] |
| 208-PS | Pros. Ex. 55 | Report by Sauckel, 7 July 1944, on the accomplishments of labor mobilization in the first half of 1944. | [428] |
| 265-PS | Pros. Ex. 35 | Extracts from report by Leyser to Rosenberg, 30 June 1943, on conditions in the district Zhitomir. | [423] |
| 294-PS | Pros. Ex. 19-A | Extracts from top secret memorandum, signed by Braeutigam, 25 October 1942, concerning effects of slave labor program. | [411] |
| 407-II-PS | Def. Ex. 3 | Report from Sauckel to Hitler, 10 March 1943, concerning difficulties originating from the draft of manpower in former Soviet territories. | [439] |
| 407-V-PS | Pros. Ex. 30 | Extracts from letter from Sauckel to Hitler, 14 April 1943, concerning labor questions. | [418] |
| 407-IX-PS | Pros. Ex. 33 | Letter from Sauckel to Hitler, 3 June 1943, concerning foreign labor situation. | [420] |
| 1063-D-PS | Pros. Ex. 21 | Extract from order of Mueller, 17 December 1942, concerning prisoners qualified for work to be sent to concentration camps. | [415] |
| 1206-PS | Pros. Ex. 9 | Outlines of directives of Goering regarding the employment of PW’s in the armament industry, 7 November 1941. | [395] |
| 1510-PS | Pros. Ex. 58 | Extracts from decree of 16 September 1943, defining the duties of the Planning Office of the Central Planning Board. | [450] |
| 1526-PS | Pros. Ex. 25 | Extracts from letter from German-appointed Ukrainian main committee to Frank, February 1943. | [416] |
| 1584-III-PS | Pros. Ex. 71 | Correspondence between Himmler and Goering, 9 March 1944, concerning the use of concentration camp prisoners in the aircraft industry. | [537] |
| 1607-A-PS | Pros. Ex. 115 | Letter from Himmler to Milch, 25 August 1942, concerning Dr. Rascher’s report on high-altitude experiments. | [628] |
| 1607-B-PS | Pros. Ex. 115 | Letter from Dr. Rascher to Dr. Brandt, 20 July 1942, concerning report on high-altitude experiments. | [627] |
| 1617-PS | Pros. Ex. 111 | Letter from Himmler to Milch, 13 November 1942, concerning Rascher’s transfer to the Waffen SS. | [629] |
| 3000-PS | Pros. Ex. 34 | Extracts from report rendered to Riecke, Ministerialdirektor in the Ministry of Agriculture, 28 June 1943, on experiences in political and economic problems in the East. | [422] |
| 3005-PS | Pros. Ex. 7 | Extracts from letter from the Reich Labor Ministry to presidents of Regional Labor Offices, 26 August 1941, concerning the use of French and Russian PW’s. | [392] |
| 3040-PS | Pros. Ex. 10 | Extracts from secret order of Himmler, 20 February 1942, concerning the commitment and treatment of manpower from the East. | [399] |
| 3721-PS | Pros. Ex. 41-A | Testimony of Fritz Sauckel, 22 September 1945, regarding the jurisdiction of the Central Planning Board. | [452] |
| 3819-PS | Pros. Ex. 56 | Minutes of a conference on 11 July 1944 attended by Milch, concerning the labor problem. | [430] |
| R-103 | Pros. Ex. 40 | Extracts from a letter from the (German-appointed) Polish main committee to the General Government of Poland on the conditions of Polish workers in Germany, 17 May 1944. | [426] |
| R-124 | Pros. Ex. 48-B | Stenographic record of the first conference of the Central Planning Board on 27 April 1942. | [447] |
| R-124 | Pros. Ex. 48-A | Extracts from report on the eleventh conference of the Central Planning Board, 22 July 1942. | [457] |
| R-124 | Def. Ex. 5 | Extract from the stenographic report of the eleventh conference of the Central Planning Board, 22 July 1942. | [509] |
| R-124 | Pros. Ex. 48-A | Extracts from report on the seventeenth conference of the Central Planning Board, 28 October 1942. | [459] |
| R-124 | Pros. Ex. 48-A | Extracts from stenographic minutes of twenty-first conference of Central Planning Board, 30 October 1942. | [461] |
| R-124 | Def. Ex. 6 | Extract from the stenographic minutes of the twenty-second conference of the Central Planning Board, 2 November 1942. | [510] |
| R-124 | Pros. Ex. 48-B | Extracts from stenographic minutes of the twenty-third conference of the Central Planning Board, 3 November 1942. | [465] |
| R-124 | Def. Ex. 7 | Extract from the stenographic minutes of the thirty-second conference of the Central Planning Board, 12 February 1943. | [510] |
| R-124 | Pros. Ex. 48-A | Extracts from stenographic minutes of the thirty-third conference of the Central Planning Board, 16 February 1943. | [467] |
| R-124 | Def. Ex. 8 | Extract from the stenographic minutes of the thirty-third conference of the Central Planning Board, 16 February 1943. | [511] |
| R-124 | Pros. Ex. 48-A | Extracts from stenographic minutes of the thirty-sixth conference of the Central Planning Board, 22 April 1943. | [471] |
| R-124 | Def. Ex. 9 | Extract from stenographic minutes of the thirty-ninth conference of the Central Planning Board, 23 April 1943. | [516] |
| R-124 | Pros. Ex. 48-A | Report of the forty-second conference of the Central Planning Board, 23 June 1943. | [475] |
| R-124 | Pros. Ex. 48-A | Extracts from stenographic minutes of the fifty-third conference of the Central Planning Board, 16 February 1944. | [478] |
| R-124 | Pros. Ex. 48-B | Report on the fifty-third conference of the Central Planning Board, 16 February 1944. | [479] |
| R-124 | Pros. Ex. 48-A | Extracts from the stenographic minutes of the fifty-fourth conference of the Central Planning Board, 1 March 1944. | [484] |
| R-124 | Def. Ex. 31 | Extracts from the stenographic minutes of the fifty-fourth conference of the Central Planning Board, 1 March 1944. | [517] |
| R-124 | Pros. Ex. 48-D | Extracts from the report on the fifty-sixth conference of the Central Planning Board, 4 April 1944. | [498] |
| R-124 | Def. Ex. 1 | Extract from report on Fuehrer conference attended by Milch on 19 February 1942. | [438] |
| R-124 | Def. Ex. 32 | Extract from the Fuehrer conference minutes, 21 and 22 April 1942. | [438] |
| R-124 | Pros. Ex. 48-B | Letter of 20 October 1942 transmitting the statutes of the Central Planning Board. | [448] |
| R-124 | Def. Ex. 2 | Extract from the Fuehrer conference minutes of 3, 4, 5 January 1943. | [439] |
| R-124 | Def. Ex. 33 | Extract from report on Fuehrer conference of 30 May 1943. | [441] |
| R-124 | Pros. Ex. 124 | Speer’s minutes of a conference with Hitler on 8 July 1943. | [501] |
| R-124 | Def. Ex. 4 | Extract from report of Fuehrer conference of 11-12 September 1943. | [442] |
| R-124 | Def. Ex. 34 | Extract from Fuehrer conference of 1-4 January 1944, concerning Speer’s report on the French labor situation. | [443] |
| R-124 | Pros. Ex. 48-A | Extract from the report by Saur of the conference with the Fuehrer, 5 March 1944. | [502] |
| R-124 | Pros. Ex. 48-E | Extracts from the minutes of discussions between Saur and the Fuehrer, 6 and 7 April 1944. | [539] |
| Speer Ex. 34 | Def. Ex. 17 | Order of Hitler, 21 April 1944, delegating to Dorsch authority for Jaegerstab constructions. | [560] |