The Nizkor Project: Remembering the Holocaust (Shoah)

Shofar FTP Archive File: imt/tgmwc/tgmwc-12/tgmwc-12-117.01

Archive/File: imt/tgmwc/tgmwc-12/tgmwc-12-117.01
Last-Modified: 2000/01/28

                                                  [Page 357]



(Mr. Dodd, of the American Prosecution, approached the

THE PRESIDENT: Mr. Dodd, were you going to deal with the

MR. DODD: Yes, Mr. President, I am prepared to do so. Shall
I proceed to take up those documents over which we have some

THE PRESIDENT: If you will, yes.

MR. DODD: Altogether, there are some 118 documents submitted
on behalf of the defendant von Schirach. As a result of our
conversations, we have agreed on all but - I believe the
number is twelve.

The first group, Nos. 30, 31, 45, 68, 73, 1101, 109, 124 and
133, are all excerpts from a book entitled, "Look, the Heart
of Europe!" written by a man named Stanley McClatchie. They
are excerpts referring to the Hitler Youth organisation, and
we do object to them on the ground that they are all
irrelevant and immaterial here. They describe Hitler Youth
meetings at home and Hitler health programmes and Hitler
athletic competitions and Hitler Youth Land Service and that
sort of thing. There are general descriptions by Mr.
McClatchie of some activities of the Hitler Youth
organisation. They are all, I say, from that same book -
none of them written by the defendant himself. They were
published in 1937.

Then, Document No. 118A is a letter. It is unsigned, and is
typewritten. It is by Colin Ross and his wife and it appears
to be a suicide note setting forth the reasons why Ross and
his wife intended to commit suicide. We have been unable to
determine its probative value and do not see any probative
value in it, in so far as the issues concerning this
defendant are concerned. He apparently was acquainted with
the defendant von Schirach and that is the claim, I assume,
of Counsel for von Schirach, that it sheds some light of
some kind on von Schirach's attitude. But it is not clear to

The third document is No. 121. This is a quotation from the
United States Army newspaper, "The Stars and Stripes," issue
of 21 February, 1946. It is about the training of young
people in Yugoslavia at the present time. With respect to
this we also say that we believe it to be immaterial here
and not relevant and not bearing on the issues concerning
this defendant as charged in the Indictment.

Those three - the first group and the two, 118A and 121, are
the only documents concerning which we have any controversy.


MR. DODD: I am sorry. I said twelve.

DR. SAUTER (Counsel for Defendant von Schirach): Mr.
President, the first group of documents to which the
prosecution has objected are from a book by an American,

This American, as he himself writes in the book, is of
Scottish descent, and in the year 1936 - that was the year
of the Olympic Games - visited Germany; he was able to see
for himself the conditions in Germany and the development of
the German people during the first years of the Hitler
regime, and here he describes the impressions he received.

Normally I would not attach any special value to this book,
if it were not for the fact that the preface shows that the
book was written on the suggestion of the defendant Baldur
von Schirach.

The defendant, as he will explain in the course of his own
examination, began very early to build up a pleasant and
friendly relationship in particular with the

                                                  [Page 358]

United States, and this book by McClatchie is one of the
many means which the defendant von Schirach used for that
purpose. The author himself admits in the preface of his
book, that he obtained a large part of the material for the
book from the defendant von Schirach. Concerning its
relevancy, for the purposes of this trial, in the defence of
von Schirach, this fact lends to the book an importance
entirely different from that which it would have had if it
had been written quite independently of von Schirach. That
is, we have to evaluate the statements and descriptions in
this book more or less as though they were statements of the
defendant von Schirach himself. This is the main reason why
I have submitted the book with the request that I be
permitted to quote in evidence some short passages,
particularly those referring to the Youth Leadership. The
rest of the book, which is also interesting, but has no
direct connection with the Youth Leadership of the defendant
von Schirach, I have not mentioned; I refer only to a few
short extracts which shed light exclusively on the activity
and the aims of the defendant von Schirach; and, besides,
they are intended to show you, Gentlemen, what impression
even a foreigner gained from this activity, although
naturally he had come to Germany with a certain prejudice
which had to be overcome by his personal impressions.

That, Mr. President, is what I wanted to say about the first
group, which the prosecutor listed individually from Numbers
30 to 133.

The second group consists of number 118A of the Document
Book Schirach, and that is a letter of farewell which the
explorer, Dr. Colin Ross, left behind.

If the prosecutor objects that the letter bears no
signature, the fact in my opinion, is not particularly
important. What we have submitted is the original copy of
that last letter, and this original copy was found among the
papers of Dr. Colin Ross.

Now, the prosecution asks: What has that farewell letter by
Dr. Colin Ross to do with the charges against Schirach? I
ask the Tribunal to recall that the name of Dr. Colin Ross
has been mentioned here repeatedly. He is the explorer - I
believe an American by birth, but I am not certain. He is
the man who for many years was not only a close friend of
Schirach's but one whom the defendant von Schirach used
again and again in order to prevent the outbreak of a war
with the United States, and later, to terminate the war and
to bring about peace with the United States. When the
evidence is presented, these points will be clarified in
detail, I believe. I now submit the last letter of Dr. Colin
Ross ...

THE PRESIDENT: When was it dated?

DR. SAUTER: One moment please. The date is 30 April, 1945. I
consider the letter - it is only one page - important for
the reason that in it a man, at a moment before he commits
suicide with his wife because he is desperate about the
future of Germany, at this moment - in the face of death, he
again confirms that he, together with the defendant von
Schirach, has continuously endeavoured to maintain peace in
particular with the United States. I believe, gentlemen,
that such a man ...

THE PRESIDENT: Where was he at the time when, as I
understand you to say, he committed suicide?

DR. SAUTER: The defendant von Schirach ...

THE PRESIDENT: No, no, the man who wrote the letter.

DR. SAUTER: One moment, please. The defendant von Schirach
had a small house in Upper Bavaria in Urfeld on the Walchen
Lake, and in that house Colin Ross lived at the time with
his wife, and it was in this, Schirach's house, that he
committed suicide.

The letter is only one page, and it would not cause any
considerable delay in the proceedings if it were read.

Then, gentlemen, the third group to which the prosecution
objects, again consists of one number only - a comparatively
short article from "The Stars

                                                  [Page 359]

and Stripes," No. 121. That edition, of which I shall submit
the original in evidence, is of 21 February, 1946, that is,
of this year. It explains in detail how the education of
youth in Yugoslavia has now been re-organised by Marshal
Tito, and the defendant von Schirach attaches p4rticular
value to this document because it proves that, in Yugoslavia
a definitely military education of youth has been decided
upon this very year. The defendant von Schirach therefore
desires to make a comparison between the kind of education
which he promoted and the Yugoslav education of youth which
has been adopted only this year, and which goes very much
further than the programme of the defendant von Schirach did
at any time.

That is all.

MR. DODD: Mr. President, may I make just one or two short
observations? I realise that ordinarily the Tribunal does
not want to hear from counsel twice, but there are two
matters I feel I should clear up.

First of all, this book, "Look, the Heart of Europe," which
may have been written by this man McClatchie, who, counsel
says, is an American of Scotch ancestry. I think it is
important that the Tribunal know that it was published in
Germany. I am sure that counsel did not mean to imply that
it was an American publication, because, other than having
been written by this man, it was published over here after
he attended the Olympic Games in 1936.

THE PRESIDENT: And in the German language, I suppose?

MR. DODD: Yes, and the German title was "Sieh: Das Herz

Then with respect to the Colin Ross note, I think it is
important to observe that no one knows whether Ross
committed suicide or not. At least, in so far as the Allied
countries are concerned. His body has never been found and
only this note which counsel says was found among his

DR. SAUTER: Mr. President, may I make another remark
concerning the first group? This book by McClatchie was
published by a German publisher. The efforts of the
defendant von Schirach made the publication possible. That
again speaks for the fact that von Schirach in furthering
the publication had a certain purpose in view. That purpose
was to bring about enlightenment between America and Germany
and to smooth over the difficulties which he was afraid
could one day lead to war. The book by McClatchie did not
only appear in German, but also in the English language, and
it was sold in large numbers in England and in the United
States. Of course, it also appeared in German and the German
language edition was sold in Germany.

That, I believe, is all I wish to say at this point.

THE PRESIDENT: Would you tell the Tribunal what these other
documents are that Mr. Dodd has not objected to? Because we
understand that there are 160 documents, which he has not
objected to. What are they all about, and how long are they?

DR. SAUTER: They are short. I have submitted only one
document book. That is, I have limited myself to the
absolute necessities.

THE PRESIDENT: Of how many pages?

DR. SAUTER: Altogether, 134 pages. Of course, some cover
only one-half or one-third of a page, since the majority are
relatively short quotations. It was necessary for me to
submit these excerpts, because I can produce evidence of the
activities of the defendant von Schirach as Reich Youth
Leader only by showing the Tribunal just what the defendant
von Schirach told the youth of the German nation, what his
teachings were, what his directives to his subordinate
leaders were. And in order to do so, I have to submit, as I
believe the prosecution realises, a short report covering
the entire period during which von Schirach was Reich Youth
Leader, so as to show that the opinions and theories of the
defendant von Schirach during the last year of his activity
as Reich Youth Leader were exactly the same as those during
his first year. He is one of the few men within the Party
who did not, in the course of the years, allow them-

                                                  [Page 360]

selves to become violent; he did not go to extremes as did
most of the others; and that is what I want to show by these
comparatively short excerpts.

I believe that is all at the moment.

THE PRESIDENT: Then you have two supplementary applications
for witnesses, have you not?


THE PRESIDENT: You had better deal with those, had you not?


THE PRESIDENT: Well, one of them, I understand, is a person
who made an affidavit which has been used by the

DR. SAUTER: I believe that is the witness Uiberreither.

THE PRESIDENT: No, I think it is the other one, is it not?
Who are the two?

DR. SAUTER: One is, I believe -


DR. SAUTER: No, not Marsalek, but Ueberreiter. Marsalek, Mr.
President -

THE PRESIDENT: I have your application before me for
Marsalek. You do not want Marsalek?

DR. SAUTER: No, that must be an error.

THE PRESIDENT: Dated 15 April, 1946. Anyhow, you do not want


THE PRESIDENT: Well, then you only want one, do you?


THE PRESIDENT: And that is Ueberreiter?


THE PRESIDENT: Has the prosecution any objection to him?

MR. JUSTICE JACKSON: No, we have not, your Honour. That
affidavit I believe was introduced by us in connection with
the Kaltenbrunner case, an affidavit by Ueberreiter.

THE PRESIDENT: You have no objection?

MR. JUSTICE JACKSON: No objection.

THE PRESIDENT: Very well. Thank you Dr. Sauter. We will
consider your application in respect of documents and the
witness. We will consider your application, and we will now
proceed with the case of Streicher.

MR. JUSTICE JACKSON: May it please the Tribunal; I should
like to make a motion for the case of Streicher. I desire to
move that Streicher's testimony found on Pages 8494, 8495,
and 8496 of 26 April be expunged from the record, and on
Page 8549 of yesterday's testimony.

THE PRESIDENT: Dr. Marx, do you wish to say anything about

DR. MARX: (Counsel for the defendant Streicher): Excuse me,
Mr. President. Unfortunately, I did not completely
understand the motions made by the Chief Prosecutor, Mr.
Justice Jackson, because at that moment I was busy with
something else. As far as I understood, he dealt with the
deletion ...

THE PRESIDENT: I can tell you what the motion was. The
motion was that passages on Pages 8494, 8495, and 8496, and
on Page 8549, be expunged from the record.

DR. MARX: I understand. I would like to say, from the point
of view of the defence, that I agree that these passages be
expunged from the record, because I am of the opinion that
they are in no way relevant for the defence of the

THE PRESIDENT: The passages to which Mr. Justice Jackson has
drawn our attention are, in the opinion of the Tribunal,
highly improper statements made by the defendant Streicher.
They are, in the opinion of the Tribunal, entirely
irrelevant, and they have been admitted by counsel for the

                                                  [Page 361]

Streicher to be entirely irrelevant, and they will,
therefore, be expunged from the record.

And now Dr. Marx.

DR. MARX: May I now, with the permission of the Tribunal,
continue with the examination of witnesses? I now call the
witness, Friedrich Strobel, to the stand.

FRIEDRICH STROBEL, a witness, took the stand and testified
as follows:


Q. Will you state your full name.

A. Friedrich Strobel.

Q. Will you repeat this oath after me:

I swear by God, the Almighty and Omniscient, that I will
speak the pure truth and will withhold and add nothing.

(The witness repeated the oath.)

Home ·  Site Map ·  What's New? ·  Search Nizkor

© The Nizkor Project, 1991-2012

This site is intended for educational purposes to teach about the Holocaust and to combat hatred. Any statements or excerpts found on this site are for educational purposes only.

As part of these educational purposes, Nizkor may include on this website materials, such as excerpts from the writings of racists and antisemites. Far from approving these writings, Nizkor condemns them and provides them so that its readers can learn the nature and extent of hate and antisemitic discourse. Nizkor urges the readers of these pages to condemn racist and hate speech in all of its forms and manifestations.