3
Dec. 45
A
report from Henlein's staff, which was found in
Hitler's headquarters boasted of the offensive
operations of the Free Corps. It is Item 30 of
the Schmundt file, Page 54 of Document 388-PS. I
read the last two paragraphs:
"Since
19 September, in more than 300 missions,
the Free Corps has executed its task
with an amazing spirit of attack," —
now, that word "attack" was
changed by superimposition to defense —
" and with a willingness often
reaching a degree of unqualified
self-sacrifice. The result of the first
phase of its activities: More than 1500
prisoners, 25 MG's" — which I
suppose means machine guns — and a
large amount of other weapons and
equipment, aside from serious losses in
dead and wounded suffered by the enemy."
— And there was superimposed in
place of "enemy", "the
Czech terrorists "
In his headquarters in the castle at Donndorf
Henlein was in close touch with Admiral Canaris
of the Intelligence Division of the SS and the
SA. The liaison officer between the SS and
Henlein was Oberführer Gottlob Berger (SS).
I now offer in evidence Document
3036-PS as Exhibit USA-102, which is an
affidavit executed by Gottlob Berger; and in
connection with that affidavit, I wish to submit
to the Tribunal that it presents, we think,
quite a different question of proof from the
Schuschnigg affidavits which were not admitted
in evidence by the Court. Schusnigg of course,
was a neutral and non-Nazi Austrian. He was not
a member of this conspiracy, and I can well
understand that the Court rejected his affidavit
for these reasons.
This man was a
Nazi. He was serving in this conspiracy. He has
made this affidavit. We think the affidavit has
probative value and should be admitted by the
Tribunal under the pertinent provision of the
Charter, which says that you will accept in
evidence any evidence having probative value. We
think it would be unfair to require us to bring
here as a witness a man who would certainly be a
hostile witness, who is to us a member of this
conspiracy, and it seems to us that the
affidavit should be admitted with leave to the
defendants, if they wish, to call the author of
the affidavit as their witness. I should have
added that this man was a prominent member of
the SS which is charged before you as being a
criminal organization, and we think the document
is perfectly competent in evidence as an
admission against interest by a prominent member
of the SS organization.
DR. STAHMER:
Mr. President, the Defense objects to the use of
this document. This document was drawn up as
late as 22 November 1945, here in Nuremberg, and
the witness Berger could, therefore, be brought
to Court without any difficulty. We must insist
that he be heard here on the subjects on which
the