NMT01-T076
Volume I · Page 76
ment was introduced in evidence before the IMT and that the photostat is a true and correct copy thereof. Such documents have been and will be made available to defendants just as in the case of any other document.
As to those documents processed under the direction of Major Coogan which were not used in the case before the IMT, they are authenticated by the affidavit of Major Coogan dated 19 November 1945. This affidavit served as the basis of authentication of substantially all documents used by the Office of Chief of Counsel before the IMT. It was introduced in that trial as USA Exhibit 1. Since we will use certain documents processed for the IMT trial, I would now like to introduce as Prosecution Exhibit 1 the, Coogan affidavit,* in order to authenticate such documents. This affidavit explains the manner in and means by which captured German documents were, processed for use in war crimes trials. I shall not burden the court with reading it as it is substantially the same as the affidavit of Mr. Niebergall to which I shall come in a moment.
I have thus far explained the manner of authenticating documents to be used in this case. which were processed under the direction of Major Coogan. I now come to the authentication of documents processed not for the IMT trial, but for subsequent trials such as this one. These documents are authenticated by the affidavit of Mr. Niebergall which I offer in evidence as Prosecution Exhibit 2. Since this affidavit explains the procedure of processing documents by the Office of Chief of Counsel for War Crimes, I shall read it in full:
"I, Fred Niebergall, AGO, D-150636, of the Office of Chief of Counsel for War Crimes, do hereby certify as follows:
1. I was appointed Chief of the Document Control Branch, Evidence Division, Office of Chief of Counsel for War Crimes (hereinafter referred to as 'OCC') on 2 October 1946.
2. I have served in the U. S. Army for more than 5 years, being discharged as a 1st Lieutenant, Infantry, on 29 October 1946. I am now a Reserve officer with the rank of 1st Lieutenant in the Army of the United States of America. Based upon my experience as a United States Army officer, I am familiar with the operation of the United States Army in connection with seizing and processing captured enemy documents. I served as Chief of Translations for OCC from 29 July 1945 until December 1945, when I was appointed liaison officer between Defense Counsel and Translation Division of OCC as assistant to the executive officer of the Translation Division. In my capacity as Chief of the Document Control Branch. Evidence Division, OCC, I am familiar with the processing, filing, translation, and photostating of documentary evidence for the United States Chief of Counsel.
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Trial of the Major War Criminals, vol. II, pp. 157-160, Nuremberg, 1947.
