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“3. The Austrian Anschluss . . .”—Anschluss means “locking on to,” I think. They latched on to Austria and—“The Austrian Anschluss, in its turn, brought with it not only the fulfillment of an old national aim, but also had the effect both of reinforcing our fighting strength and of materially improving our strategic position. Whereas, up until then, the territory of Czechoslovakia had projected in a most menacing way right into Germany (a wasp waist in the direction of France and an air base for the Allies, in particular Russia), Czechoslovakia herself was now enclosed by pincers.”

I wish the Tribunal would contemplate the chart a moment and see that worm-like form of Czechoslovakia, which General Jodl calls a “wasp waist in the direction of France,” and then he very accurately described what happened when Austria was taken by the Anschluss, that the “wasp waist” was “enclosed in the pincers.”

I resume reading:

“Her own strategic position had now become so unfavorable that she was bound to fall a victim to any attack pressed home with vigor before effective aid from the West could be expected to arrive.

“This possibility of aid was furthermore made more difficult by the construction of the West Wall, which, in contradistinction to the Maginot Line, was not a measure based on debility and resignation but one intended to afford rear coverage for an active policy in the East.

“4. The bloodless solution of the Czech conflict in the autumn of 1938 and spring of 1939”—that is—the two phases in Czechoslovakia—“and the annexation of Slovakia rounded off the territory of Greater Germany in such a way that it now became possible to consider the Polish problem on the basis of more or less favorable strategic premises.”—I think it needs nothing more than a glance at the progressive chart to see what those favorable strategic premises were.—

“5. This brings me to the actual outbreak of the present war, and the question which next arises is whether the moment for the struggle with Poland, in itself unavoidable, was favorably selected or not. The answer to this question is all the less in doubt, because the relatively strong opponent collapsed more quickly than expected, and the Western Powers who were Poland’s friends, although they did declare war on us and form a second front, nevertheless made no use of the possibilities open to them of wresting the initiative from our hands. Concerning the course taken by the Polish campaign, nothing further need be said but that it proved to an extent which surprised the whole world a fact which until then had not been certain by any means, namely, the high state of efficiency of the young armed forces of Greater Germany.”

If the Court please, there is a long review by General Jodl in this document. I could read on with interest and some enthusiasm, but I believe I have read enough to show that General Jodl by this document identifies himself fully with the Nazi movement. This document shows that he was not a mere soldier. Insofar as he is concerned, it identifies the military with the political, and the immediate point on which I had offered the document was to show the deliberation with which the Treaty of Versailles was abrogated by Germany and the demilitarized zone of the Rhineland was militarized and fortified.

In one of Adolf Hitler’s reviews of the 6-year period between his ascendancy to power and the outbreak of hostilities, he not only admitted but boasted about the orderly and coordinated long-range planning. I bring up again, if the Tribunal please, the Document L-79, which was offered in evidence yesterday as Exhibit USA-27. That is the minutes of a conference of the Führer by Schmundt, his adjutant. In as large a staff as ours we inevitably fall into a kind of patois or lingo, as Americans say. We also refer to this as “Little Schmundt.” The large file that I offered yesterday, we call “Big Schmundt.”

At this point, I merely wish to read two sentences from Page 1 of that document which we call “Little Schmundt.”

“In the period 1933 to 1939 progress was made in all fields. Our military system improved enormously.”

And then, just above the middle of the second page of the English translation:

“The period which lies behind us has indeed been put to good use. All measures have been taken in the correct sequence and in harmony with our aims.”

One of the most significant direct preparations for aggressive war is found in the secret Reich Defense Law of 21 May 1935, which I offered in evidence yesterday as Exhibit USA-24 and commented on then. I need not repeat that comment. The law went into effect upon its passage. It stated at the outset that it was to be made public instantly, but at the end of it Adolf Hitler signed the decree ordering that it be kept secret. I commented on that sufficiently yesterday.

General Thomas, Thomas, as we call him, who was in charge of War and Armament Economy and for some time a high ranking member of the German High Council, refers to this law as “the cornerstone of war preparations.” He points out that, although the law was not made public until the outbreak of war, it was put into immediate execution as a program of preparation.

I ask the Tribunal to take judicial notice of General Thomas’ work, A History of the German War- and Armament-Economy, 1923-1944, Page 25. We have the volume here, in German, so that anyone who wishes may examine it. I don’t care to offer the entire volume in evidence unless the Court think I should. We do give it an exhibit number, Exhibit USA-35, but I simply should like to place it in the files as a reference work implementing judicial notice, if that is practicable.

THE PRESIDENT: You want it simply for the purpose of showing that General Thomas said that that law was the cornerstone of war? That has already been passed into the record.

MR. ALDERMAN: I want to say to counsel for the defendants that it is here if they care to consult it at any time.

THE PRESIDENT: Very well.

MR. ALDERMAN: I should have identified it by our number, 2353-PS.

This secret law remained in effect until 4 September 1938, at which time it was replaced by another secret Defense Law, revising the system of defense organization and directing more detailed preparations for the approaching status of mobilization, which I think was the euphemism for war.

These laws will be discussed more extensively in connection with other sections of our presentation. They have been discussed by Mr. Dodd in connection with the economic preparations for the war.

The second secret Defense Law I offer in evidence, as our serial number 2194-PS. I offer it as Exhibit USA-36.

As to that document I only intend to read the two covering letters:

“Reich Defense Law; the Ministry for Economy and Labor, Saxony; Dresden 6; 4 September 1939; Telephone: 52.151, long distance; Top Secret.

“Transportation Section, attention of Construction Chief Counsellor Hirche or representative in the office; stamp of receipt of the Reich Protector in Bohemia and Moravia; received Prague, 5 September 1939, No. 274.

“Enclosed please find a copy of the Reich Defense Law of 4 September 1938 and a copy each of the decrees of the Reich Minister of Transportation, dated 7 October 1938, RL/W/ 10.2212/38, Top Secret, and 17 July 1939, RL/LV 1.2173/39, Top Secret, for your information and observance.

“By order, signed Kretschmar. 3 inclosures. Stamp: complete to Dresden, 4 September 1939, signed Schneider.

“Receipt for the letter of 4 September 1939, with 3 inclosures, signed 5 September 1939, and returned to Construction Counsellor Kretschmar.”

The whole point being that it was enclosing a second secret Reich Defense Law under top-secret cover.

Now, next I refer to Indictment, Paragraph IV (F) 2 (a). That paragraph of the Indictment refers to four points:

(1) Secret rearmament from 1933 to March 1935; (2) the training of military personnel (that includes secret or camouflage training); (3) production of munitions of war; and, (4) the building of an air force.

All four of these points are included in the general plan for the breach of the Treaty of Versailles and for the ensuing aggressions. The facts of rearmament and of its secrecy are self-evident from the events that followed. The significant phase of this activity insofar as the Indictment is concerned, lies in the fact that all this was necessary in order to break the barriers of the Versailles Treaty and of the Locarno Pact, and necessary to the aggressive wars which were to follow. The extent and nature of those activities could only have been for aggressive purposes, and the highest importance which the Government attached to the secrecy of the program is emphasized by the disguised financing, both before and after the announcement of conscription and the rebuilding of the Army, 16 March 1935.

I have, if the Court please, an unsigned memorandum by the Defendant Schacht dated 3 May 1935 entitled “The Financing of the Armament Program” (Finanzierung der Rüstung). As I say, it is not signed by the Defendant Schacht, but he identified it as being his memorandum in an interrogation on the 16th of October 1945. I would assume that he would still admit that it is his memorandum. That memorandum has been referred to but I believe not introduced or accepted in evidence. I identify it by our Number 1168-PS, and I offer it in evidence as Exhibit USA-37.

I think it is quite significant, and with the permission of the Court I shall read the entire memorandum, reminding you that the German interpreter has the original German before him to read into the transcript. “Memorandum from Schacht to Hitler” identified by Schacht as Exhibit A, interrogation 16 October 1945, Page 40. May 3, 1935 is the date of the memorandum.

“Financing of Armament. The following explanations are based upon the thought that the accomplishment of the armament program with speed and in quantity is the problem of German politics; that everything else therefore should be subordinated to this purpose as long as the main purpose is not imperiled by neglecting all other questions. Even after March 16, 1935 the difficulty remains that one cannot undertake the open propagandistic treatment of the German people for support of armament without endangering our position internationally (without loss to our foreign trade). The already nearly impossible financing of the armament program is rendered hereby exceptionally difficult.

“Another supposition must also be emphasized. The printing press can be used only for the financing of armament to such a degree as permitted by maintaining of the money value. Every inflation increases the prices of foreign raw materials and increases the domestic prices and is therefore like a snake biting its own tail. The circumstance that our armament had to be camouflaged completely till 16 March 1935, and since this date the camouflage had to be continued to an even larger extent, made it necessary to use the printing press (bank note press) already at the beginning of the whole armament program, while it would have been natural to start it (i.e., the printing press) at the final point of finance. In the portfolio of the Reichsbank are segregated bills of exchange for this purpose (that is, armament) of 3,775 millions and 866 millions, altogether 4,641 millions, out of which bills of exchange for armament amount to 2,374 million Reichsmark, that is of April 30, 1935. The Reichsbank has invested the amount of marks under its jurisdiction, but belonging to foreigners, in bank notes of armament.

“Our armaments are also financed partly with the credits of our political opponents. Furthermore, 500 million Reichsmark were used for financing of armaments which originated out of the federal loans which were invested in the saving banks in the year 1935. In the regular budget the following amounts were provided for the Armed Forces:

“For the budget period 1933 to 1934—750 million Reichsmark; for the budget period 1934 to 1935—1,100 million Reichsmark; and for the budget period 1935 to 1936—2,500 million Reichsmark.

“The amount of deficits of the budget since 1928 increases after the budget 1935 to 1936 to 5 to 6 billion Reichsmark. This total deficit is already financed at the present time by short-term credits of the money market. It therefore reduces in advance the possibilities of utilization of the public market for the armament. The Reichsfinanzminister”—Minister of Finance—“correctly points out at the defense of the budget:

“ ‘As a permanent yearly deficit is an impossibility, as we cannot figure with security increased tax revenues in an amount balancing the deficit and any other previous debits, as on the other hand a balanced budget is the only secure basis for the impending great task of military policy,’ ”—I interpolate that evidently the Defendant Schacht knew about the impending great military task to be faced by Germany.—“ ‘for all these reasons we have to put in motion a fundamental and conscious budget policy, which solves the problem of armament financing by organic and planned reduction of other expenditures, not only from the point of receipt, but also from the point of expenditure, that is, by saving.’

“How urgent this question is, can be deduced from the following, that very many tasks have been undertaken by the State and Party”—it isn’t ever just the State; it is the State and the Party—“and are now in process, all of which are not covered by the budget, but from contributions and credits, which have to be raised by industry in addition to the regular taxes. The existence of various budgets side by side, which serve more or less public tasks, is the greatest impediment for gaining a clear view of the possibilities of financing the armaments. A large number of ministries and various branches of the Party have their own budgets, and for this reason have possibilities of incomes and expenses, though based on the sovereignty of finance of the State, but not subject to the control of the Finanzminister”—Minister of Finance—“and therefore also not subject to the control of the Cabinet. Just as in the sphere of politics the much too far-reaching delegation of legislative powers to individuals brought about various states within the State, exactly in the same way the condition of various branches of State and Party, working side by side and against each other, has a devastating effect on the possibility of finance. If, in this territory, concentration and unified control is not introduced very soon, the solution of the already impossible task of armament finance is endangered.

“We have the following tasks:

“(1) A deputy is entrusted with, I suppose, finding all sources and revenues, which have origin in contributions to the Federal Government, to the State and Party, and in profits of public and Party enterprises.

“(2) Furthermore experts entrusted by the Führer have to examine how these amounts were used and which of these amounts in the future can be withdrawn from their previous purpose.

“(3) The same experts have to examine the investments of all public and Party organizations, to what extent this property can be used for the purpose of armament financing.

“(4) The federal Ministry of Finances is to be entrusted to examine the possibilities of increased revenues by way of new taxes or the increasing of existing taxes.

“The up-to-date financing of armaments by the Reichsbank, under existing political conditions, was a necessity, and the political success proved the correctness of this action. The other possibilities of armament financing have to be started now under any circumstance. For this purpose all absolutely nonessential expenditures for other purposes must not take place, and the total financial strength of Germany, limited as it is, has to be concentrated for the one purpose of armament financing. Whether the problem of financing as outlined in this program succeeds remains to be seen, but without such concentration it will fail with absolute certainty.”

Being sort of a hand in finance myself, I can feel some sympathy with the Defendant Schacht as he was wrestling with these problems.

THE PRESIDENT: Would that be a convenient time to adjourn for 10 minutes?

MR. ALDERMAN: Yes.

[A recess was taken.]

MR. ALDERMAN: 21 May 1935 was a very important date in the Nazi calendar. As I have already indicated, it was on that date that they passed the secret Reich Defense Law, which is our Document 2261-PS. The secrecy of their armament operations had already reached the point beyond which they could no longer maintain successful camouflage and, since their program called for still further expansion, they made a unilateral renunciation of the armament provisions of the Versailles Treaty on the same date, 21 May 1935.

I refer to Hitler’s speech to the Reichstag on 21 May 1935; our Document Number 2288-PS. We have here the original volume of the Völkische Beobachter (the “Popular Observer”, I suppose, is the correct translation), Volume 48, 1935, 122-151, May, and the date 22 May 1935, which gave his speech under the heading (if I may translate, perhaps): “The Führer Notifies the World of the Way to Real Peace.”

I offer that part of that volume identified as our Number 2288-PS, as Exhibit USA-38, and from that I shall read, beginning with the fifth paragraph in the English translation. I am sorry, I said the fifth paragraph—this indicates on Page 3. It is after he discusses some general conclusions and then there is a paragraph numbered 1, that says:

“1. The German Reich Government refuses to adhere to the Geneva Resolution of 17 March. . . .

“The Treaty of Versailles was not broken by Germany unilaterally, but the well-known paragraphs of the Dictate of Versailles were violated, and consequently invalidated by those powers who could not make up their minds to follow the disarmament requested of Germany with their own disarmament as agreed upon by the Treaty.

“2. Because the other powers did not live up to their obligations under the disarmament program, the Government of the German Reich no longer considers itself bound to those articles, which are nothing but a discrimination of the German nation”—I suppose “against the German nation”—“for an unlimited period of time, since through them, Germany is being nailed down in a unilateral manner, contrary to the spirit of the agreement.”

If the Tribunal please, needless to say, when I cite Adolf Hitler, I don’t necessarily vouch for the absolute truth of everything that he presents. This is a public speech he made before the world, and it is for the Tribunal to judge whether he is presenting a pretext or whether he is presenting the truth.

In conjunction with other phases of planning and preparation for aggressive war, there were various programs for direct and indirect training of a military nature. This included not only the training of military personnel, but also the establishment and training of other para-military organizations, such as the police force, which could be, and were absorbed by, the Army.

These are shown in other parts of the case presented by the Prosecution. However, the extent of this program for military training is indicated by Hitler’s boast of the expenditure of 90 billion Reichsmark during the period of 1933 to 1939 in the building up of the Armed Forces.

I have another volume of the Völkischer Beobachter, Volume 52, 1939—I think the issue of 2 and 3 September 1939—which I offer in evidence as Exhibit USA-39; and there appears a speech by Adolf Hitler, with his picture, under the heading which, if I may be permitted to try to translate, reads: “The Führer Announces the Battle for the Justice and Security of the Reich.”

That is a speech, if the Court please, by Adolf Hitler, on 1 September 1939, the date of the attack on Poland, identified by our number 2322-PS, and I read from the bottom of Page 3, the last paragraph starting on the page:

“For more than 6 years now, I have been engaged in building up the German Armed Forces. During this period more than 90 billion Reichsmark were spent building up the Wehrmacht. Today, ours are the best-equipped armed forces in the world, and they are superior to those of 1914. My confidence in them can never be shaken.”

The secret nature of this training program and the fact of its early development is illustrated by a reference to the secret training of flying personnel, back in 1932, as well as the early plans to build a military air force. A report was sent to the Defendant Hess in a letter from one Schickedantz to the Defendant Rosenberg for delivery to Hess. I suppose that Schickedantz was very anxious that no one but Hess should get this letter, and therefore sent it to Rosenberg for personal delivery.

This document points out that the civilian pilots should be so organized as to enable their transfer into the military air force organization.

This letter is our Document 1143-PS, dated 20 October 1932, and I now offer it in evidence as U. S. Exhibit 40. It starts: “Lieber Alfred” (referring to Alfred Rosenberg), and is signed: “Mit bestem Gruss, Dein Amo.” Amo, I think, was the first name of Schickedantz.

“Dear Alfred: I am sending you enclosed a communication from the RWM forwarded to me by our confidential man”—Vertrauensmann—“which indeed is very interesting. I believe we will have to take some steps so that the matter will not be procured secretly for the Stahlhelm. This report is not known to anybody else. I intentionally did not inform even our long friend.”

I suppose that means “our tall friend.” I may interpolate that the Defendant Rosenberg, in an interrogation on 5 October 1945, identified this “big friend” or “tall friend” as being one Von Alvensleben.

“I am enclosing an additional copy for Hess, and ask you to transmit the letter to Hess by messenger, as I do not want to write a letter to Hess for fear that it might be read somewhere. Mit bestem Gruss, Dein Amo.”

Then enclosed with that is “Air Force Organization”:

“Purpose: Preparation of material and training of personnel to provide for the case of the armament of the Air Force.

“Entire management as a civilian organization will be transferred to Colonel Von Willberg, at present Commander of Breslau, who, retaining his position in the Reichswehr, is going on leave of absence.

“(a) Organizing the pilots of civilian air-lines in such a way as to enable their transfer to the air force organization.

“(b) Prospects to train crews for military flying. Training to be done within the organization for military flying of the Stahlhelm”—I believe that means the “steel helmet”—“which is being turned over to Colonel Hänel, retired.

“All existing organizations for sport-flying are to be used for military flying. Directions on kinds and tasks of military flying will be issued by this Stahlhelm directorate. The Stahlhelm organization will pay the military pilots 50 marks per hour flight. These are due to the owner of the plane in case he himself carries out the flight. They are to be divided in case of non-owners of the plane, between flight organization, proprietor, and crew, in the proportion of 10-20-20. . . . Military flying is now paid better than flying for advertisement (40). We therefore have to expect that most proprietors of planes or flying associations will go over to the Stahlhelm organization. It must be achieved that equal conditions will be granted by the RWM, also the NSDAP organization.”

The program of rearmament and the objectives of circumventing and breaching the Versailles Treaty are forcefully shown by a number of Navy documents, showing the participation and cooperation of the German Navy in this rearmament program, secret at first.

When they deemed it safe to say so, they openly acknowledged that it had always been their objective to break Versailles.

In 1937 the Navy High Command published a secret book entitled The Fight of the Navy Against Versailles, 1919 to 1935. The preface refers to the fight of the Navy against the unbearable regulations of the Peace Treaty of Versailles. The table of contents includes a variety of Navy activities, such as saving of coastal guns from destruction as required by Versailles; independent armament measures behind the back of the Government and behind the back of the legislative bodies; resurrection of the U-boat arm; economic rearmament and camouflage rearmament from 1933 to the freedom from the restrictions in 1935.

This document points out the significant effect of the seizure of power by the Nazis in 1933 on increasing the size and determining the nature of the rearmament program. It also refers to the far-reaching independence in the building and development of the Navy, which was only hampered in so far as concealment of rearmament had to be considered in compliance with the Versailles Treaty.

With the restoration of what was called the military sovereignty of the Reich in 1935 and the reoccupation of the demilitarized zone of the Rhineland, the external camouflage of rearmament was eliminated.

We have, if the Court please, a photostat of the German printed book to which I have referred, entitled Der Kampf der Marine gegen Versailles (The Fight of the Navy against Versailles) 1919 to 1935, written by Sea Captain Schüssler. It has the symbol of the Nazi Party with the swastika in the spread eagle on the cover sheet, and it is headed “Secret”, underscored. It is our Document C-156. It is a book of 76 pages of text, followed by index lists and charts. I offer it in evidence as Exhibit USA-41. I may say that the Defendant Raeder identified this book in a recent interrogation and explained that the Navy tried to fulfill the letter of the Versailles Treaty and at the same time to make progress in naval development. I should like to read from this book, if the Court please, the preface and one or two other portions of the book:

“The object and aim of this memorandum, under the heading ‘Preface’, is to draw a technically reliable picture based on documentary records and the evidence of those who took part in the fight of the Navy against the unbearable regulations of the Peace Treaty of Versailles. It shows that the Reich Navy, after the liberating activities of the Free Corps and of Scapa Flow, did not rest but found ways and means to lay with unquenchable enthusiasm, in addition to the building up of the 15,000-man Navy, the basis for a greater development in the future, and so create, by the work of soldiers and technicians, the primary condition for a later rearmament. It must also distinguish more clearly the services of these men, who, without being known in wide circles, applied themselves with extraordinary zeal and responsibility in the service of the fight against the Peace Treaty. Thereby stimulated by the highest feeling of duty, they risked, particularly in the early days of their fight, themselves and their positions unrestrainedly in the partially self-ordained tasks. This compilation makes it clearer, however, that even such ideal and ambitious plans can be realized only to a small degree if the concentrated and united strength of the whole people is not behind the courageous activity of the soldier. Only when the Führer had created the second and even more important condition for an effective rearmament in the coordination of the whole nation and in the fusion of the political, financial, and spiritual power, could the work of the soldier find its fulfillment. The framework of this Peace Treaty, the most shameful known in world history, collapsed under the driving power of this united will.

“Signed, the Compiler.”

Now I wish to invite the Court’s attention merely to the summary of contents because the chapter titles are sufficiently significant for my present purpose.

“I. Defensive actions against the execution of the Treaty of Versailles (from the end of the war to the occupation of the Ruhr, 1923).

“1. Saving of coastal guns from destruction.

“2. Removal of artillery equipment and ammunition, hand and machine weapons.

“3. Limitation of destruction in Helgoland.

“II. Independent armament measures behind the back of the Reich Government and of the legislative body (from 1923 to the Lohmann case in 1927).

“1. Attempt to increase the personnel strength of the Reich Navy.

“2. Contribution to the strengthening of patriotism among the people.

“3. Activities of Captain Lohmann.

I am ashamed to say, if the Court please, that I am not familiar with the story about Captain Lohmann.

“4. Preparation for the resurrection of the German U-boat arm.

“5. Building up of the Air Force.

“6. Attempt to strengthen our mine arm.

“7. Economic rearmament.

“8. Miscellaneous measures: a. The N. V. Aerogeodetic; b. Secret reconnaissance.

“III. Planned armament works countenanced by the Reich Government but behind the back of the legislative body from 1928 to the seizure of power in 1933.

“IV. Rearmament under the leadership of the Reich Government in camouflaged form (from 1933 to the freedom from restrictions, 1935).”

Now if the interpreter who has the original German volume will turn to Chapter IV, Page 75—“Aufrüstung”—Concealed rearmament under the leadership of the Government of the Reich (from 1933 until military freedom in 1935):

“The unification of the whole nation which was combined with the taking over of power on 30 January 1933 was of decisive influence on the size and shape of further rearmament.

“While the Reichsrat approached its dissolution and withdrew as a legislative body, the Reichstag assumed a composition which could only take a decisive attitude toward the rearmament of the Armed Forces. The Government took over the management of the rearmament program upon this foundation. . . .”

Then a heading—“Development of the Armed Forces”:

“This taking over of the management by the Reich Government developed for the Armed Forces in such a manner that the War Minister, General Von Blomberg, and through him the three branches of the Armed Forces, received far-reaching powers from the Reich Cabinet for the development of the Armed Forces. The whole organization of the Reich was included in this work. In view of these powers, the collaboration of the former inspecting body in the management of the secret expenditure was from then on dispensed with. There remained only the inspecting duties of the accounting office of the German Reich.”

Another heading—“Independence of the Commander-in-Chief of the Navy”:

“The Commander-in-Chief of the Navy, Admiral Raeder, honorary doctor, had received thereby a far-reaching independence in the building and development of the Navy. This was only hampered in so far as the previous concealment of rearmament had to be continued in consideration of the Versailles Treaty. Besides the ordinary budget there remained the previous special budget, which was greatly increased in view of the considerable credit for the provision of labor, which was made available by the Reich. Wide powers in the handling of these credits were given to the Director of the Budget Department of the Navy, up to 1934 Commodore Schüssler, afterwards Commodore Foerste. These took into consideration the increased responsibility of the Chief of the Budget.”

Another heading—“Declaration of Military Freedom”:

“When the Führer, relying upon the strengthening of the Armed Forces, executed in the meanwhile, announced the restoration of the military sovereignty of the German Reich, the last-mentioned limitation on rearmament works, namely, the external camouflage, was eliminated. Freed from all the shackles which have hampered our ability to move freely on and under water, on land, and in the air, for one and a half decades, and carried by the newly-awakened fighting spirit of the whole nation, the Armed Forces, and as a part of it, the Navy, can lead with full strength towards its completion, the rearmament already under way with the goal of securing for the Reich its rightful position in the world.”

If the Tribunal please, at this moment I have a new problem about proof which I believe we have not discussed. I have in my hand an English translation of an interrogation of the Defendant Erich Raeder. Of course he knows he was interrogated; he knows what he said. I don’t believe we have furnished copies of this interrogation to defendants’ counsel. I don’t know whether under the circumstances I am at liberty to read from it or not. If I do read from it I suggest that the defendants’ counsel will all get the complete text of it—I mean of what I read into the transcript.

THE PRESIDENT: Has the counsel for the Defendant Raeder any objection to this interrogation being read?

DR. SIEMERS: As far as I have understood the proceedings to date, I believe that it is a question of a procedure in which either proof by way of documents or proof by way of witnesses will be furnished. I am surprised that the Prosecution wishes to furnish proof by way of records of interrogations, taken at a time when the Defense was not present. I should be obliged to the Court if I could be told whether, in principle, I, as a defense counsel, may resort to producing evidence in this form, i.e. present documents of the interrogation of witnesses; that is to say, documents in which I myself interrogated witnesses the same as the Prosecution without putting witnesses on the stand.

THE PRESIDENT: The Tribunal thinks that if interrogations of defendants are to be used, copies of such interrogations should be furnished to defendant’s counsel beforehand. The question which the Tribunal wished to ask you was whether on this occasion you objected to this interrogation being used without such a copy having been furnished to you. With regard to your observation as to your own rights with reference to interrogating your defendants, the Tribunal considers that you must call them as witnesses upon the witness stand and cannot interrogate them and put in the interrogations. The question for you now is whether you object to this interrogation being laid before the Tribunal at this stage.

DR. SIEMERS: I should like first of all to have an opportunity of seeing every record before it is submitted in Court. Only then shall I be able to decide whether interrogations can be read, the contents of which I as a defense counsel am not familiar with.

THE PRESIDENT: Very well, the Tribunal will adjourn now and it anticipates that the interrogation can be handed to you during the adjournment and then can be used afterwards.

[The Tribunal recessed until 1400 hours.]