15.4.46

gives to the prosecution the right for each prosecutor to cross-examime and there is, on the other land, Article 18 which directs the Tribunal to take strict measures to prevent any action which will cause unreasonable delay, and, in the opinion of the Tribunal, in the present case the subject has been fully covered and the Tribunal therefore thinks it right to adhere to the rules which it has laid down in this case. It will therefore not hear any further cross-examination?

Do you wish to re-examine, Dr. Kauffmann?

DR. KAUFFMANN: I will be very brief.

BY DR. KAUFFMANN:

Q. Witness, in the affidavit which was just read, you said under point 2 that "at least an additional half million died through starvation and disease." I ask you, in what period of time did this take place? Was it towards the end of the war or was this fact observed by you already at an earlier period?

A. No, it all goes back to the last years of the war, that is beginning with the end of 1942.

Q. Under point 3 - do you still have the affidavit before you?

A. No.

DR. KAUFFMANN: May I ask that it be given to the witness again?

BY DR. KAUFFMANN:

Q. Under point 3, at the end you state that "orders for protective custody, commitments, punishments, and special executions were signed by Kaltenbrunner or Müller, Chief of the Gestapo, as Kaltenbrunner's Deputy." Thus, do you wish to contradict that which you stated previously?

A. No, this only confirms what I said before. I repeat again that I saw only very few decrees signed by Kaltenbrunner; most of them were signed by Müller.

Q. Under point 4, at the end, you state, "All mass executions through gassing took place under the direct order, supervision and responsibility of the R.S.H.A. I received all orders for carrying out these mass executions directly from R.S.H.A." According to the statements, which you previously made to the Tribunal, these orders came to you directly from Himmler through Eichmann, who had been personally delegated. Do you maintain that now as before?

A. Yes.

Q. With this last sentence, under point 4, do you wish to contradict that which you testified before?

A. No. I always mean, regarding mass executions, Obersturmbannführer Eichmann in connection with the R.S.H.A.

Q. Under point 7, at the end, you state - I am not going to read it - you say that even though exterminations took place secretly, the population in the outlying districts knew something of this extermination of people. Was there not at an earlier period of time - that is, before the beginning of this special extermination action - something of a similar nature taking place as regards the bodies of people who had died in a normal manner in Auschwitz?

A. Yes, even before the crematoria were built, we burned large numbers of those who had died, and who could not be cremated in the provisional crematoria of the camp, in large pits; a large number - I don't recall the figure any longer - were buried in mass graves and later also cremated in these graves. That was before the mass executions of Jews began.

Q. Would you agree with me if I were to say that from the fact which is described here, we cannot conclusively prove that this was concerned with the extermination of Jews?

A. No, this could in no way be concluded from that. The population -

THE PRESIDENT: What was your question about?

DR. KAUFFMANN: My question was whether one could assume from the established facts, especially at the end of paragraph 7, that this concerned the so-called exter-