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Morning Session

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THE PRESIDENT: Dr. Seidl.

DR. SEIDL: Mr. President, Gentlemen of the Tribunal: I left off yesterday at the last document of Volume I. It is the affidavit of the witness Ernst von Palezieux, and I ask the Tribunal to take judicial notice of it. The affidavit is given the document number Frank-9, and that completes the first volume.

THE PRESIDENT: The first volume, what page?

DR. SEIDL: That was Page 92 of the first volume, Document Frank-9.

THE PRESIDENT: Yes. That is the end of the first volume, isn’t it?

DR. SEIDL: Yes, that is the end of the first volume. Volumes II, III, and IV of the document book comprise extracts from the diary of the Defendant Dr. Frank. I do not propose to number all these extracts individually, but I ask the Tribunal to accept the whole diary as Document Frank-10 (Document 2233-PS), and I propose to quote only a few short extracts. For example Pages 1 to 27, Mr. President, are extracts from the diary which have already been submitted by the Prosecution. I have put the extracts submitted by the Prosecution into a more extensive context, and by quoting the entire passages I have attempted to prove that some of these extracts do not represent the true and essential content of the diary. Those are Exhibits USA-173, on Page 1 of the document book, USSR-223 on Page 3, USA-271 on Page 8, USA-611 on Page 11 of the document book. On Page 14 of the document book there appears to be a misprint. The USA number is not 016 but 613.

THE PRESIDENT: It begins on Page 13 in my copy, doesn’t it?

DR. SEIDL: No, it is on Page 14. It is an entry dated 25 January 1943.

THE PRESIDENT: Well, the document that I have and which I think you are referring to, is Document 2233 (aa)-PS, Exhibit USA-613. That is on Page 13. I don’t think it makes any difference.

DR. SEIDL: In that case it must be an error by the Translation Department. At any rate I do not think it is important, I mean this quotation.

I now turn to Page 20 of the document book, a quotation by the Soviet Prosecution. On Page 22 there is a quotation by the Soviet Prosecution. Page 24 of the document book contains quotations by the Prosecution of both the United States and of the Soviet Union. Exhibit USA-295. Perhaps I may point out that these extracts are only a few examples merely to show that in a number of cases the impression obtained is different if one reads either the entire speech or at least a portion of it.

I then turn to Page 32 of the document book, an entry dated 10 October 1939, in which the Defendant Dr. Frank gives instructions for negotiations with the Reich Food Ministry regarding the delivery of 5,000 tons of grain per week—Page 32 of the document book.

On Page 34 there is an entry of 8 March 1940, and I quote the first three lines. The Governor General states:

“In close connection therewith is the actual governing of Poland. The Führer has ordered me to regard the Government General as the home of the Polish people. Accordingly, no Germanization policy of any kind is possible.”

I now pass on to Page 41 of the document book; an entry dated 19 January 1940. I quote the first five lines:

“Dr. Walbaum (Chief of the Health Department): The state of health in the Government General is satisfactory. Much has already been accomplished in this field. In Warsaw alone 700,000 typhus injections have been given. This is a huge total, even for German standards; it is actually a record.”

The next quotation is on Page 50 of the document book, an entry dated 19 February 1940:

“The Governor General is further of the opinion that the need for official interpretation of Polish law may become greater. We should probably have to come to some form of Polish government or regency, and the head of the Polish legal system would then be competent for such a task.”

THE PRESIDENT: I am afraid there seems to have been some slight difference in the paging and therefore if you would give us carefully and somewhat more slowly the actual date of the document we should be able to find it perhaps for ourselves. The pages do not seem to correspond.

DR. SEIDL: The last quotation which I read was dated 19 February 1940.

I now turn to a quotation; that is, an entry of 26 February 1940, and I quote:

“In this connection the Governor General expresses...”

This is on Page 51 in my book. The entry is of 26 February 1940.

THE PRESIDENT: Page 40 in ours.

DR. SEIDL: “In this connection the Governor General expresses the wish of Field Marshal Göring that the German administration should be built up in such a way that the Polish mode of living as such is assured. It should not give the impression that Warsaw is a fallen city which is becoming germanized, but rather that Warsaw, according to the Führer’s will, is to be one of the cities which would continue to exist as a Polish community in the intended reduced Polish state.”

A further entry, dated 26 February 1940, deals with the question of higher education. I quote:

“The Governor General points out in this connection that the universities and high schools have been closed. However, in the long run it would be an impossible state of affairs, for instance, to discontinue medical education. The Polish system of technical schools should also be revived and with the participation of the city.”

The next quotation is on Page 56 of my document book. An entry of 1 March 1940.

“The Governor General announces in this connection that the directive has now been issued to give free rein to Polish development as far as it is possible within the interests of the German Reich. The attitude now to be adopted is that the Government General is the home of the Polish people.”

A further entry deals with the question of workers in the Reich territory. Page 60 of my document book, entry of 19 September 1940—I beg your pardon, 12 September 1940. I quote:

THE PRESIDENT: Wait a moment. You mean the first of September, do you?

DR. SEIDL: 12 September—no, it should be 12 March; there is obviously a misprint; 12 March 1940, Page 197 of the diary. I quote:

“Governor General Dr. Frank emphasizes that one could actually collect an adequate number of workers by force following the methods of the slave trade, by using a sufficient number of police, and by procuring sufficient means of transportation; but that, for a number of reasons, however, the use of propaganda deserves preference under all circumstances.”

The next quotation is on Page 68 in my document book; an entry of 23 April 1940. I quote the last five lines. The Governor General states:

“The Governor General is merely attempting to offer the Polish nation protection in an economic respect as well. He was almost inclined to think that one could achieve better results with Poles than with these autocratic trustees....”

I now turn to Page 71 of my document book, an entry dated 25 May 1940. Here the Governor General gives an explanation to the President of the Polish Court of Appeal, Bronschinski. I quote the last four lines:

“We do not wish to carry on a war of extermination here against a people. The protection of the Polish people by the Reich in the German zone of interest gives you the possibility of continuing your development according to your national traditions.”

I turn to Page 77 of my document book, an entry from Volume III, July to September, Page 692. I quote:

“The Governor General then spoke of the food difficulties still existing in the Government General”—this was to Generaloberst von Küchler—“and asked the general to see to it that the provisioning and other requirements of new troops arriving should be as light a burden as possible on the food situation of the Government General. Above all, no confiscation whatsoever should take place.”

I turn to Pages 85 and 86; entries in Volume III, July to September 1940, Page 819 of the diary. This entry deals with the establishment of the medical academy which was planned by the Governor General. I ask the Tribunal to take judicial notice of this fact.

The next quotation is on Page 95 of the document book, an entry dated 9 October 1940, from the speech of the Governor General on the occasion of the opening of the autumn trade fair at Radom. I quote Line 5.

“It is clear that we...”

THE PRESIDENT: Dr. Seidl, the important things for us are the page in the diary and the date. We seem to have the pages in the diary and the dates, so if you will tell us them that will be of the greatest help to us.

DR. SEIDL: The date is 9 October 1940; Pages 966-967 of the diary, I quote Line 6:

“It is clear that we do not wish to denationalize, nor shall we germanize.”

The next quotation...

THE PRESIDENT: The translation in our book of that sentence is:

“It is clear that we neither want to denationalize nor degermanize.”

DR. SEIDL: That is apparently an error in the translation.

THE PRESIDENT: In which translation? In the one I have just read out?

DR. SEIDL: In the English translation. I shall now quote literally:

“It is clear that we neither wish to denationalize nor shall we germanize.”

The other makes no sense.

THE PRESIDENT: That is what I read. Well, it is right in our book anyhow.

DR. SEIDL: The Governor General wished to say that we did not want to deprive the Poles of their national character and that we did not intend to turn them into Germans.

I now turn to Page 101, to an entry dated 27 October 1940, Pages 1026 to 1027 of Volume IV of the diary. A conference with Reich Minister of Labor Seldte. I quote, Line 7:

“He, the Governor General, had complained to the Führer that the wages of Polish agricultural laborers had been reduced by 50 percent. In addition, their wages had for the most part been used for purposes which were completely foreign to the idea of this exchange of workers.”

The next quotation is dated 29 November 1940. It is on Page 1085 in Volume IV, of the year 1940. I quote:

“Hofrat Watzke further states that Reichsleiter Rosenberg’s office was attempting to confiscate the so-called Polish Library in Paris, for inclusion in the Ahnenerbe in Berlin. The Department of Schools was of the opinion that the books of this Polish library belonged to the state library in Warsaw, as 17,000 volumes were already in Warsaw.

“The Governor General ordered that this Polish library should be transferred from Paris to Warsaw without delay.”

I ask the Tribunal to take judicial notice of the next entry, dated 6 and 7 June 1940, which refers to an economic conference. I shall not read from the entry.

The next quotation is dated 25 February 1940. It deals with a conference of the department chiefs, prefects, and town majors of the district of Radom. I quote Page 12:

“Thereupon the Governor General spoke, and made the following statements:”

It goes on from Page 13:

“I shall, therefore, again summarize all the points.

“1. The Government General comprises that part of the occupied Polish territory which is not an integral part of the German Reich...

“2. This territory has primarily been designated by the Führer as the home of the Polish people. In Berlin the Führer, as well as Field Marshal Göring, emphasized to me again and again that this territory would not be subjected to Germanization. It is to be set aside as the national territory of the Polish people. In the name of the German people it is to be placed at the disposal of the Polish nation as their reservation.”

The speech of the Governor General ends two pages further. I quote the last paragraph:

“There is one thing I should like to tell you: The Führer has urged me to guarantee the self-administration of the Poles as far as possible. Under all circumstances they must be granted the right to choose the Wojts and the minor mayors and village magistrates from among the Poles, which would be to our interest as well.”

I now turn to the entry of 4 March 1940. From the volume of conferences, February 1940 to November 1940, Page 8:

“The Governor General submits for consideration the question of whether a slight pressure could not be exerted through proper use of the Compulsory Labor Order. He refuses to ask Berlin for the promulgation of a new decree defining special measures for the application of force and threats. Measures which might lead to unrest should be avoided. The shipping of people by force has nothing in its favor.”

The last quotation in my document book is on Page 143. It is an entry dated 27 January 1941, Volume I, Page 115. A conference between State Secretary Dr. Bühler and the Reich Finance Minister, Count Schwerin von Krosigk. I quote the last paragraph:

“It is due to the efforts of all personnel employed in the Government General that, after surmounting extraordinary and unusual difficulties, a general improvement in the economic situation can now be noted. The Government General, from the day of its birth, has most conscientiously met the demands of the Reich for strengthening the German war potential. It is, therefore, permissible to ask that in future the Reich should make no excessive demands on the Government General, so that a sound and planned economy may be maintained in the Government General, which, in turn, would prove of benefit to the Reich.”

That completes Volume II of the document book.

I now come to Volume III and I ask the Tribunal to refer to a quotation on Page 17 in my document book. It is an entry following a government meeting of 18 October 1941. I quote the eighth line from the bottom; it is a statement of the Governor General:

“I shall first of all state, when replying to these demands”—that means, the demands of the Reich—“that our strength has been exhausted and that we can no longer take any responsibility as regards the Führer. No instructions, orders, threats, et cetera, can induce me to answer anything but an emphatic ‘no’ to demands which, even under the stress of wartime conditions, are no longer tolerable. I will not permit a situation to arise such as you, Mr. Naumann, so expressly indicated, such as, for example, placing large areas at the disposal of the troops for maneuvers and thus completely disrupting the food supply which is already utterly insufficient.”

The next quotation is on Pages 36 and 37 of my document book. It is an entry dated 16 January 1942, and the quotation to which I am referring is on the next page—Pages 65 and 66 of the diary:

The Nuremberg Trials: Complete Tribunal Proceedings (V. 12)

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