17 Dec. 45
THE PRESIDENT: Have you got the original book?
COL. STOREY: Just a moment, Your Honor.
After alleging that in recent weeks English and American fliers had
repeatedly shot children, women, peasants, and vehicles on the highways,
Bormann then states as follows in the second paragraph of the English
translation; I quote:
"Several instances have occurred
where members of the crews of such aircraft, who have bailed out or
who have made forced landings, were lynched on the spot immediately
after capture by the populace, which was incensed to the highest
degree. No police measures or criminal proceedings were invoked
against the German civilians who participated in these incidents."
The attention of the Tribunal is particularly invited to the fact that
this letter of the Defendant Bormann is distributed through the chain of
command of the Nazi Party, expressly mentioning on the distribution list
Reichsleiter, Gauleiter, Kreisleiter, and leaders of the incorporated
and affiliated organizations of the Party. The Defendant Bormann
requested, in the first paragraph of the second page which is found in
the English translation, that the local group leaders
(Ortsgruppenleiter) be informed of the contents of his circular letter
orally — only by oral means.
The effect of Reichsleiter Bormann's circular letter may be seen in an
order dated 25 February 1945 which I now offer in evidence; it is
Document L-154, Exhibit Number USA-335. It is an order from Albert
Hoffmann, an important member of the Leadership Corps by virtue of his
position as Gauleiter and National Defense Commissioner of the Gau
Westfalen-Sud. It is addressed to all county councillors, mayors, police
officials, and to county leaders and county chiefs of the Volkssturm.
"Fighter-bomber pilots who are shot
down are in principle not to be protected against the fury of the
people. I expect from all police officers that they will refuse to
lend their protection to these gangster types. Authorities acting in
contradiction to the popular sentiment will have to account to me. All
police and gendarmerie officials are to be informed immediately of
this, my attitude."
The
obligations ...
THE PRESIDENT: Who is Hoffmann?
COL. STOREY: Albert Hoffmann was a member of the Leadership Corps by
virtue of his position as Gauleiter and National Defense Commissar of
the Gau Westfalen-Sud. In this connection, if Your Honor pleases, I
quote the provisions of the Geneva Convention, 27 July 1929, Article 2,
which provides — and I simply ask the Court to take judicial
knowledge: