TWENTY-THIRD DAY
Wednesday, 19 December 1945
Morning Session
DR. FRITZ SAUTER (Counsel for the Defendant Von
Schirach): Mr. President, yesterday a table depicting the construction
of the Reich Cabinet, one of the accused organizations, was shown on the
screen here. On this chart the Defendant Von Schirach was also listed
under the heading, "Other participants in the meetings of the
Cabinet." The Defendant Von Schirach has explained to me and asked
me to inform the Tribunal that he never took part in any meeting of the
Reich Cabinet, that he was never named a member of the Reich Cabinet,
and that he never had a part in any decision of the Reich Cabinet.
THE PRESIDENT: The point that you are taking seems to the Tribunal to
be premature. This is not the stage at which you are to argue the
question whether your client is a member of the Reich Cabinet or not.
The argument upon the whole question will take place after the evidence
and after the Prosecution have had the opportunity of putting forward
their arguments as to the criminal nature of the Reich Cabinet. You or
other counsel on behalf of those concerned will be able to put forward
your arguments. We do not desire to hear arguments now about the
criminal nature, but to hear the evidence. Is that clear?
DR. SAUTER: Yes. I shall then return to this point during the
examination of witnesses, and prove that the Defendant Von Schirach was
never a member of the Reich Cabinet. Thank you.
COL. STOREY: If the Tribunal please, yesterday afternoon we had just
started on the participation of the SA in the first point — the
dissemination of ideology or propaganda. In an article which appeared in
Der SA-Mann, at Page 1 of the issue of January 1934, which is
Document 3050-PS; and I refer to Page 25 of the English translation, if
Your Honor pleases, the portion shown in red brackets — it is dated
the 6th of January 1934:
"The new Germany would not have been
without the SA man; and the new Germany would not go on existing if
the SA man would now, with the feeling of having fulfilled his duty,
quietly, unselfishly, and modestly step aside, or if the new State
would send him home much like the Moor who has done his duty. On the
contrary, the SA man, following the