. ©MAZAL LIBRARY

NMT03-T0839


. NUERNBERG MILITARY TRIBUNAL
Volume III · Page 839
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until the end of 1944 — the number of death sentences which were actually passed is relatively small.

Q. May it please the court, the prosecution offers as Document NG-1886, Prosecution Exhibit 546, the letter written by defendant von Ammon which we have just been discussing.

PRESIDING JUDGE BRAND: The exhibit is received. 
 
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EXAMINATION BY THE TRIBUNAL  
 
PRESIDING JUDGE BRAND: I understood you to say that you did not know of any innocent person who was brought to Germany under Nacht and Nebel procedure.

DEFENDANT VON AMMON: I was referring to the assertion of the prosecution. The prosecution had maintained that evidently innocent persons had been treated in exactly the same manner as guilty NN prisoners, and it was in reply to that, that I stated that evidently innocent persons were never brought to Germany at all; that is to say, as far as my knowledge goes. If, however, it did happen that a person was evidently innocent and had been brought to Germany, then there was a possibility of releasing him back to the occupied territories.

Q. I still understand you to say that you knew of no innocent person brought under Nacht and Nebel procedure.

A. It may have happened, naturally, but —

Q. I am referring to what you said. Did I correctly understand you to make the statement that you knew of no innocent person who was brought to Germany under Nacht and Nebel procedure?

A. I would like to restrict that to evidently innocent persons, as opposed to a person whose innocence only later was made clear. That naturally happened, too, and such cases did occur and such cases were brought to Germany.

Q. That is a very material modification of your former statement, because you also said that considerable numbers were acquitted. I assume that you do not consider that persons who were acquitted were necessarily guilty; you presume them innocent if they were acquitted, don't you?

A. Or that the evidence was not sufficient to prove them guilty. 
 
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REDIRECT EXAMINATION 
 
DR. KUBUSCHOK: In reply to a question by the prosecutor, you spoke of your membership with the Bund Oberland, and you stated

 
 
 
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