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THE PRESIDENT: With reference to the documents of the Defendant Seyss-Inquart, the Tribunal admits the following documents which were objected to: Number 11, Number 47, Number 48, Number 50, Number 54, and Number 71.
M. DUBOST: Mr. President, last night at the end of the session the counsel for Admiral Raeder submitted a certain number of documents including Document Raeder-105 of Document Book 5. This document is an excerpt from the German White Book, Number 5. It is the testimony of an old man of 72, a native of Luxembourg, who had lived in Belgium for only 6 months, and who affirms that in April 1940 he saw 200 French soldiers in Belgium. These soldiers, who he said were French, were in armored cars.
I must ask the Tribunal to allow me to make objection to this Document Number 7 of the White Book Number 5, the original of which has never been submitted and has not even been reproduced in the White Book, as is the case with a certain number of documents in the German White Book. It is necessary that in the name of France and of Belgium a protest-a formal, categorical protest- be made against such an assertion. At no time before the invasion of Belgium by the German forces did any French troops set foot on Belgian soil. The reading of this document, Number Raeder-105 of Document Book 5 of Admiral Raeder, enables us to understand how there came to be the error in the testimony by Grandjenet that is cited.
I have already told the Tribunal that this man is 72 years old and was from Luxembourg. To the question put to him by the German authorities as to how he recognized the soldiers he had seen as being of French nationality, he answered:
Now, as far as the uniform is concerned, the Tribunal knows that at the time when these events took place, the Belgian Army had a uniform of the same color as the French Army and a helmet of the same shape. As for the language, the Tribunal knows that a great part of the Belgian population who live along the Luxembourg frontier speak French, and the Belgian soldiers recruited in these districts speak French.
The Tribunal will certainly remember that this witness, who is a very old man, had only been living for 6 months in Belgium and probably had only a limited experience with things Belgian-and especially with the Belgian Army.
At any rate, we assert in the name of France and in the name of Belgium that before 10 May 1940 no French troops, no organized French troops, penetrated Belgium, and that the isolated individuals who did go into Belgium were interned there.
This matter concerns a document from the White Book, on which a decision has already been handed down once and which was granted me. I propose that the Prosecution be requested to submit the original if they dispute the correctness of this document. In this I am in agreement with a decision of the Tribunal according to which the application is to be made for the presentation of the original if it is available, or application should be made so that whoever has the original should produce it. As far as I know the Prosecution have the original, since all original documents were located in the Foreign Office in Berlin, or in the alternative place of safekeeping, and all the originals of these White Books fell into the hands of the Allies.
M. DUBOST: This is an application that the Tribunal shall refuse to admit that document, Mr. President. At the same time this is a protest against the assertion made by the Defense that French soldiers violated Belgian neutrality in the course of the month of April. I hope the Tribunal will allow me to add a few words of explanation. The White Book, which we have here, comprises two parts. The first part reproduces texts and the second part gives photostatic copies of these texts. In the first part, which simply reproduces the texts, is found the document which I ask the Tribunal to strike from the record. We have searched in the second part which gives the photostatic copies of the documents in the first part, and we do not find it. We state to the Tribunal that the original of the document, which we ask the Tribunal to strike out, has not been reproduced in the German White Book, since it is not to be found in the second part.
DR. SIEMERS: Mr. President, I believe that M. Dubost's entire explanation refers to the question of the value of the document as evidence and not to the question of the admissibility of the document. That this document is in order appears to me to be quite clear, since it is a record of court proceedings where a certain person, namely Grandjenet, has been interrogated. Everything said by M. Dubost referred more to the contents of the document than to the question of its value as evidence. May I ask therefore that the document be admitted, as has been done up to now, and ask that consideration be given to the fact that the document has value in connection with the other documents which have been granted to me and to Dr. Horn in his document book with reference to Holland and Belgium.
DR. SIEMERS: May I merely mention, Mr. President, that if the photostat is not in the book, as M. Dubost states, then this is due to the fact that this court record in its original text was German, and the facsimiles are those prepared from the original text in French, that is to say, of those documents which in their original version were in French. If necessary I would appeal to Geheimrat
FLOTTENRICHTER KRANZBUEHLER: Mr. President, with the permission of the Tribunal I should like to say that the interrogatory put to the American Commander-in-Chief of the Navy, Admiral Nimitz, is available. I received it the day before yesterday and in the meantime it has gone in to the interpreters for translation. With the permission of the Tribunal, I should like to submit it now, in connection with the cases of Admiral Doenitz and Admiral Raeder.
DR. FRITZ SAUTER (Counsel for the Defendant Von Schirach): Gentlemen of the Tribunal, I propose first of all to conduct the examination of the Defendant Schirach himself, and in the course of this examination I will bring to your attention the passage of the document book concerned, as the individual points come up. Following the examination of the defendant I shall then call my four witnesses, and at the end I intend to submit the remaining documents, insofar as these documents have not by that time been presented during the examination of the Defendant Von Schirach. I presume, Mr. President, that you agree to this procedure.
VON SCHIRACH: To start with, in 1929 I was the leader of the National Socialist Students' Union. In 1931 I became Reich Youth Leader of the NSDAP, at first on the staff of the SA Supreme Command; in 1932, Reich Leader for Youth Education of the NSDAP; in 1933, Youth Leader of the German Reich, at first under the Minister of the Interior, Dr. Frick. In 1934, I held the same position under the Reich Minister of Education, Rust. In 1936 the Reich Youth Leader became a leading Reich official, and in that capacity I came directly under the Fuehrer and Reich Chancellor.
VON SCHIRACH: Party positions were the office of Reich Youth Leader of the NSDAP, and that of Reich Leader for Youth Education. Government positions: The Youth Leader of the German Reich, at first subordinate to the Minister of the Interior as I have described or under the Minister for Education, and then in an independent position.
VON SCHIRACH: In 1940 I left the position as the leader of Youth, that is, I left the office of the Reich Youth Leadership of the NSDAP, but I retained the office of Reichsleiter for Youth Education and with that the entire responsibility for German youth. I received as an additional new post that of Gauleiter of Vienna,
DR. SAUTER: Witness, we want now to come back to your activity as Youth Leader. There is an affidavit by you here dated 4 December 1945, 3302-PS. In this affidavit you stated to the Prosecution in December that you acknowledge yourself to be responsible for all youth education in the Third Reich.
VON SCHIRACH: I do not want to limit this affidavit in any way. Although during the last years of his life Hitler gave orders to the Youth of which I do not know and also my successor, Axmann, particularly in 1944, gave orders with which I am not acquainted since the relationship between us had been broken off due to the events of the war, I stand by the statement that I have made in the expectation that the Tribunal will consider me the only person responsible in Youth Leadership and that no other Youth Leader will be summoned before a court for actions for which I have assumed responsibility.
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