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Volume III · Page 942
| his police agencies to take Jewish women into protective custody is presented by the prosecution as being an agreement with the judicial administration. There are many more examples. But please let me say only the following with regard to what the prosecution stated this morning. Due to the propaganda of the State, we were convinced at the outbreak of the war that justice was on our side. A dictatorship could not and does not permit its cards to be shown. And, finally, we are not here charged with crimes against peace. To what Mr. King said regarding Prosecution Exhibit 252,* let me state the following: The list of 17 January 1945, containing reports on death sentences, deals with a list of the Minister, for it contains doubtful cases, and from that I gathered that it could not be my list after I had also seen from the photostat that there were several dates on the top of the list. Even if both lists should be from 1945, the same applies as with regard to the lists on pages 154 through 157 in document book |
* Document NG-414, Prosecution Exhibit 252, has not been reproduced in this volume because of its great length and because it has been impossible. in view of space limitations, to include any considerable amount of evidence concerning clemency matters — a topic frequently in issue in the Justice Case. The document in question is 142 pages in the original German and 162 pages in the English translation. It consists of file notes of the Reich Ministry of Justice concerning "Reports to the Minister of Justice," "Reports to the Under Secretary" (Staatssekretaer), and "Death Sentence Reports" for the following dates: 24 and 27 January 1944; 10, 22, and 29 February 1944; 8, 17, and 29 March 1944; 5, 18, and 26 April 1944; 3, 12, and 31 May 1944; 2, 8, 16, 21, and 30 June 1944; 2 and 17 August 1944; 22 and 29 September 1944; 5, 12, 19, and 27 October 1944; 10, 16, and 29 November 1944; 7, 15, and 21 December 1944: and 4, 10, 17, and 24 January 1945. The "Death Sentence Reports" list the names (usually only the family name) of persons sentenced to death, dividing the death sentences into "doubtful" and "clear cut" cases, and grouping the sentences mainly under the following categories: "high treason cases," "treason cases." and cases involving "undermining the military efficiency." On the reports a diagonal line was drawn indicating that the death sentence was confirmed. For example, the list of 17 January 1945, mentioned specifically by the defendant Klemm in his final statement, shows the following diagonal lines in the category "high treason cases." (For typographical reasons, the diagonal lines have here been indicated before the respective letter or figure, whereas on the original document, the diagonal lines were drawn through them.)
| /a | doubtful | |
| Hauke | Death | |
| Ritter | Death | |
| Schellenberger | Death | |
| Gieselt | Death |
| /b | clear cut | ||
| /1. | Hoehn | Death | |
| Schultz | Death | ||
| Seiffert | Death | ||
| /2 | Kroeger | Death | |
| Splenemann | Death | ||
| Fuebinger | Death | ||
| /3 | Boecker | Death | |
| Kaess | Death | ||
| /4 | Luedtke | Death | |
| /5 | Haitzmann | Death | |
| Bueschinger | Death | ||
| Hauberger | Death | ||
The document shows that between 24 January 1944 and 24 January 1945, death sentences of more than 2,500 persons were confirmed. The largest number confirmed appears on the report of 22 September 1944, 128 cases, and the smallest number appears on the report of 4 January 1945, 25 cases.The report for 17 January 1915, mentioned specifically by the defendant Klemm, shows that 49 death sentences were confirmed.
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