The Nizkor Project: Remembering the Holocaust (Shoah)

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Last-Modified: 1999/11/12

                           CROSS EXAMINATION
                   of the witness Dr. Theo Hupfauer


Q. Witness, I want to ask you one question on the expert staff
officers of the Gau , Kreis  and Ortsgruppenleiter. Did they all come
under their respective Hoheitstrager in matters of discipline?

A. Yes. Each of the functionaries of the German Labour Front came
under the orders of his immediate superior, also for discipline. I
personally as office chief of the DAF was subordinate to the leader of
the German Labour Front. He alone could appoint me to a post or.
remove me from office.

Q. The experts in the Gau staff, for instance the DAF representative,
received their technical instructions from the DAF chiefs. Is that

A. I personally, as well as the other functionaries, received all
official instructions from the chiefs; for instance mine came from the
DAF leader.

Q. I am sure you can answer my question "yes" or "no." The point I am
putting is this. Although you received your professional or expert
instructions from your DAF superior, you were also subordinate, were
you not, to the Hoheitstrager to whose staff you belonged for all
matters of discipline and matters connected with the Party?

A. If anyone was a political leader, he of course was subject to the
Party discipline, and he was only concerned with those matters which
belonged to his department and to his official sphere.

                                                               [Page 139]

Q. Now one question about the political leaders of the DAF. A
political leader in the DAF, was he sworn in as a political leader in
the same way as any other political leader was sworn in?

A. A political leader of the DAF took his oath to the Fuehrer.

Q. Did he also receive a special certificate or identity card which
was issued to all other political leaders?

A. Yes, he did, he received a certificate on which his rank was

LT. COL. GRIFFITH J0NES: Now, my Lord, this witness was cross examined
before the Commission, and I would only draw the Tribunal's attention
to one new document which was not put to him and to two others which
affect the DAF particularly. The first one is a new document, D 338,
which will be handed up to the Tribunal. My Lord, it is a report of
the conditions in the sick bay of one of the Krupp camps. My purpose
in putting it in is that it is addressed to the KVD and the
Gauarntsleiter Doctor Heiriz. Perhaps I might ask one other question
of the witness on that.

Q. Witness, is the KVD the Association of Doctors and Physicians?

A. That is a medical association for Germany, that is to say a relief
fund. The organization for the doctors and physicians was the
"Arztebund," League of Doctors and Physicians.

Q. It is an association of doctors. Now, was the Gauamtsleiter, Doctor
Heinz, would you presume from that document that he was the expert
nonpolitical Leiter of the Gau staff concerned with medical matters?

A. The position that he held is not noted here, but I assume it was
the same person, the Gauamtsleiter for the people's health.

LT. COL. GRIFFITH JONES: My Lord, the next document the Tribunal will

THE PRESIDENT: What is the number?

LT. COL. GRIFFITH JONES: I beg your pardon -- GB 547. The next
document will be found on Page 19 of the Tribunal's document book. My
Lord, it is a document which has been put in and I am not certain
whether or not it was read to the Tribunal; and I would particularly
refer to the penultimate paragraph of the first page which is of
considerable importance in connection with the DAF. It is a report by
one of the Krupp offices or works managers. It is an original German
document and it refers to a discussion which that gentleman had with
three members of the DAF in connection with the food which he was
trying to get for the starving Russian prisoners of war and Russian

My Lord, the Tribunal, I know, will stop me if it is familiar with the
document, but perhaps I might be allowed to read the one paragraph
describing that interview?

THE PRESIDENT: The document has been read.

LT. COL. GRIFFITH JONES: My Lord, I will no more than draw the
attention of the Tribunal to the remarks which were passed by the
DAF's representative. My Lord, the other document to which I will draw
the attention of the Tribunal will be found on Pages 9 and io Document
D 226, Exhibit USA 697 -- perhaps I might ask the witness one question
on this.


Q. Witness, Will you look at this document and the covering letter,
which is dated 10th November, 1944. Is that letter signed by you?

A. Yes.

LT. COL. GRIFFITH JONES: On Page 10, you will see that it is a
covering letter, enclosing a decree on the employment of foreign
labour, in which it says:

"It is of particular importance that not only the present good output
should be secured, but also that further working reserves should be

                                                               [Page 140]

which, without doubt, can still be obtained from these millions of
foreign workers."

It then goes on to say in the paragraph No. 2: "All men and women of
the NSDAP, its subsidiaries and affiliated bodies in the works, will
in accordance with instructions from the Kreisleiter be warned by
their Ortsgruppen leaders, and be put on their honour to do their

My Lord, the document further states that the close co operation
between the Party, the State and Industry, with departments of the
Secret Police is absolutely necessary for this purpose.

I now read the last three lines of Paragraph 2-b: "Party members,
both men and women, and members of Party organizations and affiliated
bodies must be expected more than ever before to conduct themselves in
an exemplary manner."

At the bottom of the page will be seen: "The Gau Trustee of the DAF
will issue detailed instructions in co operation with the Gau
propaganda leader and the leader of the Gau Department for Social

And then again in the next paragraph it will be seen that there is
further evidence of co operation between the political leaders the
Kreisleiter in particular and the Gestapo.

I have no further questions.

THE PRESIDENT: If there are no further questions, the witness may
retire. Dr. Servatius, would you like to make such comments as you
think necessary on your documents?

DR. SERVATIUS: Mr. President, I do not have the documents here now and
they have not yet been translated; so that they are not yet before the
Tribunal. I would suggest first of all that all the witnesses be
examined and by that time the documents will be ready and I will then
submit them.

THE PRESIDENT: We have the books ourselves.

DR. SERVATIUS: It is not only the document books which have not been
submitted, but it is the affidavits which I have not yet got myself.
Nor could I present them now as I have not yet classified them, for I
had assumed that I was to do so in my closing speech. That is the way
I understood the decision. I could do it tomorrow morning.

THE PRESIDENT: Then, Dr. Servatius, would it be convenient to comment
on some of these documents in these two document books now and leave
the affidavits to a later time?

DR. SERVATIUS: I do not have them with me and am also not prepared. It
would take up a lot of time and be out of order. I would prefer to
submit them some other time; I would prefer to be given a little more

THE PRESIDENT: Then, the Tribunal had better go on with the evidence
for the next organization.

DR. SERVATIUS: Mr. President, when shall I submit this matter? After
the hearing of witnesses for the next organization, or after all
witnesses have been heard for all the organizations?

THE PRESIDENT: After the next one, I think.

DR. SERVATIUS: Very well.

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