The Nizkor Project: Remembering the Holocaust (Shoah)
Nuremberg, war crimes, crimes against humanity

The Trial of German Major War Criminals

Sitting at Nuremberg, Germany
December 3 to December 14, 1945

Nineteenth Day: Thursday, 13th December, 1945
(Part 8 of 10)

[MAJOR WALSH continues]

[Page 382]

It was determined to relegate the Jews to an inferior status by denying them common privileges and freedoms. Thus, they were denied access to certain city areas, sidewalks, transportation, places of amusement, restaurants: 1938 Reichsgesetzblatt, Part 1, Page 1676.

Progressively more and still more stringent measures were applied, even to the denial of private pursuits. They were excluded from the practice of dentistry: 1939 Reichsgesetzblatt, Part 1, Page 47, signed by defendant Hess.

The practice of law was denied: 1938 Reichsgesetzblatt, Part 1, Page 1403, signed by defendants Frick and Hess.

The practice of medicine was denied: 1938 Reichsgesetzblatt, Part 1, Page 969, signed by defendants Frick and Hess.

They were denied employment by Press and Radio: 1933 Reichsgesetzblatt, Part 1, Page 661.

From stock exchanges and stock brokerage: 1934 Reichsgesetzblatt, Part 1, Page 169 ; and even from farming: 1933 Reichsgesetzblatt, Part 1, Page 685

In 1938 they were excluded from business in general and from the economic life of Germany: 1938 Reichsgesetzblatt, Part 1, Page 1580, signed by the defendant Goering.

The Jews were forced to pay discriminatory taxes and huge atonement fines. Their homes, bank accounts, real estate and intangibles were expropriated.

To digress for a moment from a recital of decrees and to refer specifically to the atonement fines, I wish to offer Document 1816-PS, Exhibit USA 261. This exhibit is a stenographic report of a conference under the chairmanship of the defendant Goering, attended by the defendant Funk, among others, held at 11 o'clock on 12th November, 1938, at the Reich Ministry for Air.

From Pages 8 and 9 of Section 7, I quote the defendant Goering:

"One more question, gentlemen, what would you think the situation would be if I announced today that Jewry-"
THE TRIBUNAL (Mr. Biddle): What page are you on?

MAJOR WALSH: From the English, sir, the middle of Page 22.

"One more question, gentlemen, what you would think the situation would be if I announced today that Jewry would have to contribute this one billion as a punishment."
And then the last paragraph on Page 22 of the Translation before the Court - I quote:-
"I shall choose the wording this way, that German Jewry shall, as punishment for their abominable crimes, etc., etc., have to make a contribution of one billion. That will work, the pigs will not commit another murder. I would like to say again that I would not like to be a Jew in Germany."

[Page 383]

It was whimsical remarks such as these that originated decrees, for following this meeting, a decree was issued placing upon the German Jews the burden of a billion Reichsmark fine.

1938 Reichsgesetzblatt, Part I, Page 1579, dated 12th November, 1938, signed by the defendant Goering.

Similar decrees are contained in 1939 Reichsgesetzblatt, Part 1, Page 282, signed by defendant Goering, and 1941 Reichsgesetzblatt, Part 1, Page 72Z, signed by defendants Frick and Bormann.

Finally, in the year 1943, the Jews were placed beyond the protection of any judicial process by a decree signed by the defendants Bormann and Frick and others, and the police became the sole arbiters of punishment and death: 1943 Reichsgesetzblatt, Part 1, Page 372, signed by Frick and Bormann.

I ask the Court to take judicial notice of the Reichsgesetzblatt decrees cited.

Side by side with the passage of these decrees and their execution went still another weapon, wielded by the Party and Party-controlled State. These were the openly sponsored and official anti-Jewish boycotts against Jews. I now offer Document 2409-PS, the published diary of Joseph Goebbels, Exhibit USA 262, and I invite the Court's attention to Page 290, where, under date Of 29th March, 1933, he wrote - the Court will find the quotation on the top of Page 1 of the translation Of 2409-PS.

"The boycott appeal is approved by the entire cabinet."
And again, on 31st March, 1933, he wrote on Page 1, first sentence of Paragraph 2:-
"We are having a last discussion among a very small circle, to decide that the boycott is to start tomorrow with all severity."
The defendant Streicher and the defendant Frank, together with Himmler, Ley and others, were members of a central committee who conducted the 1933 boycott against the Jews. Their names are listed in Document 2156-PS, National Socialist Party correspondence, 29th March, 1933, Exhibit USA 263.

As early as 1933, violence against the Jews was undertaken. Raids were conducted by uniformed Nazis on services within synagogues. Attending members of the synagogues were assaulted and religious insignia and emblems were desecrated. A report of such an occurrence was contained in the official dispatch from the American Consul General in Leipzig, dated 5th April, 1933.

I offer in evidence Document 2709-PS.

THE PRESIDENT: What do you refer to 2156 for?

MAJ0R WALSH: Only, sir, to show the names of the defendants Streicher and Frank as members of the boycott committee.


MAJOR WALSH: Document 2709 will be Exhibit USA 265. From Paragraph 1 of Page 1, I quote:-

"In Dresden, several weeks ago, uniformed Nazis raided the Jewish prayer house, interrupted the evening religious service, arrested 25 worshippers, and tore the holy insignia or emblems from their head-covering worn while praying."

[Page 384]

At a meeting here in Nuremberg, before the representatives of the German Press, the defendant Streicher and Mayor Liebel of Nuremberg revealed in advance to the gathered members of the Press that the Nuremberg synagogue was to be destroyed.

I offer in evidence Document 1724-PS, Exhibit USA 266, which is the minutes of this meeting, dated 4th August, 1938. From Page 1, Paragraph 4 of the original, I quote the translation before the Court:

"The breaking-up of the synagogue (information must still be secret).

On 10th August, 1938, at 10 a.m., the break-up of the synagogue will commence. Gauleiter Julius Streicher will personally set into motion the crane with which the Jewish symbols, Star of David, etc., will be torn down. This should be arranged in a big way. Closer details are still unknown."

The defendant Streicher himself supervised the demolition.

In support of this, I offer Document 2711-PS, a newspaper account of 11th August, 1938, Exhibit USA 267, Paragraph 1 of the translation before the Court:

"In Nuremberg the synagogue is being demolished; Julius Streicher himself inaugurates the work by a speech lasting more than an hour and a-half. By his order then - as a prelude, so to speak, of the demolition - the tremendous Star of David comes off the cupola."
These accounts of violence were not localised anti-Semitic demonstrations but were directed and ordered from a centralised headquarters in Berlin. This is established by a series of teletype messages sent by the Berlin Secret State Police Headquarters to chiefs of police throughout Germany on 10th November, 1938, which contained instructions pertaining to the prearranged demonstration.

I now refer to Document 3051-PS, previously offered in evidence as Exhibit USA 240. I shall quote the relevant part of one of these confidential orders signed by Heydrich, the translation before the Court, the last half on Page 2.

"Because of the attempt on the life of the Secretary of the Legation, von Rath, in Paris tonight, 9th-10th November, 1938, demonstrations against Jews are to be expected throughout the Reich. The following instructions are given on how to treat these events:
1. The Chiefs of the State Police, or their deputies, must get in telephonic contact with the political leaders who have jurisdiction over their districts and must arrange a joint meeting with the appropriate inspector or commander of the Order Police to discuss the organisation of the demonstrations. At these discussions the political leaders must be informed that the German Police have received from the Reichsfuehrer S.S. and Chief of the German Police the following instructions, in accordance with which the political leaders should adjust their own measures.
(a) Only such measures should be taken as do not involve danger to German life or property. (For instance, synagogues are to be burned down only when there is no danger of fire to the surroundings.)

(b) Business and private apartments of Jews may be destroyed but not looted. The police are instructed to supervise the execution of this order and to arrest looters."

[Page 385]

Up to this point we have found a gradual and a mounting emphasis in the campaign against the Jews, one of the basic tenets of the Nazi Party and of the State. The flame of prejudice has now been lighted and fanned. The German people have been to a large degree indoctrinated, and the seeds of hatred have been sown. The German State is now armed and is prepared for conquest and the force of world opinion can now safely be ignored. Already they have forced out of Germany 200,000 of its original 500,000 Jews. The Nazi-controlled German State is therefore emboldened and Hitler, in anticipation of the aggressive wars already planned, casts about for a "whipping boy" upon whose shoulders can be placed the blame for the world catastrophe yet to come. The speech before the Reichstag on 30th January, 1939, is set forth in Document 2663-PS, which I now offer in evidence as Exhibit USA 268. I quote -

THE PRESIDENT: What is the number please?

MAJOR WALSH: 2663-PS-a very short extract, Sir. "If the international Jewish financiers within and without Europe succeed in plunging the nations once more into a world war, the result will not be the Bolshevisation of the world and the victory of Jewry, but the obliteration of the Jewish race in Europe."

THE PRESIDENT: We will adjourn for 10 minutes.

(A recess was taken.)

THE PRESIDENT: Major Walsh, it would, I think, assist the Tribunal if you were careful to state the PS number, which we have, rather more clearly and slowly. You see, we have not got the United States exhibit number and I do not know whether it would be better to state the United States exhibit number first and then give us the PS number; I am not sure it would. Anyhow, if you would go a little more slowly and make certain we get the PS number, it would be helpful.

MAJOR WALSH, Yes, your Honour.

The Chief Editor of the official organ of the S.S., the Schwarze Korps, expressed similar sentiments on 8th August, 1940.

I offer in evidence Document 2668-PS; this is Exhibit USA 269, Page 2 of the original and the full excerpt before the Court in translation, as follows:

"Just as the Jewish question will be solved for Germany only when the last Jew has been deported, so the rest of Europe should also realise that the German peace which awaits it, must be a peace without Jews."
These were not the only officials of the Party and of the State to voice the same views. The defendant Rosenberg wrote for the publication World Struggle. I offer in evidence Document 2665-PS, Exhibit USA 270. This publication, Nos. 1 and 2, April and September, 1941, Page 71 of the original, reads: "The Jewish question will be solved only when the last Jew has left the European continent."

The Court will recall Justice Jackson's reference to the apologetic note contained in the diary of Hans Frank when he wrote, and I quote from Document 2233-C-PS, Exhibit USA 271, bottom of Page 1 of the translation:

"Of course, I could not eliminate all lice and Jews in only one year's time. But in the course of time and, above all, if you will help me, this end will be attained."

[Page 386]

THE PRESIDENT: I forgot to say, Major Walsh, it would help us too, when you do not begin at the beginning of a paragraph, if you would indicate where abouts it is.

MAJOR WALSH: Yes, sir, I will do that.

While this presentation is not necessarily intended to be a chronological narrative of events in the treatment of the Jewish people, it would appear at this point that we should pause to examine the record to date. We find that the Nazi Party and the Nazi-dominated State have, by writings and by utterances, by decrees and by official acts, clearly expressed their intent the Jew must be eliminated.

How do they now progress to the accomplishment of this purpose? The first requirement was a complete registration of all Jews and, inasmuch as the policy relating to the Jews followed on the heels of German aggression, such registration was required not only within the Reich but successively within the conquered territories. For example, within Germany registration was required by decree (Reichsgesetzblatt Part 1, 1938, Page 922, 23rd July, signed by the defendant Frick); within Austria (Reichsgesetzblatt, Volume I, 1940, Page 694, 29th April); within Poland (Kurjer Krakowski, 5th October, 1939); in France (Journal Officiel No. 9, Page 92, 30th September, 1940); in Holland (Verordnungsblatt, No. 16, 20th January, 1941, signed by the defendant Seyss-Inquart).

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