The Nizkor Project: Remembering the Holocaust (Shoah)

Twenty-First Day: Monday, 17th December, 1945
(Part 13 of 16)

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COLONEL STOREY: In view of the domination of the German State and Government by the Nazi Party and the Leadership Corps thereof, as established by the foregoing and other evidence heretofore recited in the previous trial briefs, it is submitted that the Leadership Corps of the Nazi Party is responsible for the measures, including the legislative enactments, taken by the German State and Government in furtherance of the conspiracy formulated and carried out by the co-conspirators and the organisations charged with criminality in the present case.

I will now go to the overt acts and crimes of the Leadership Corps. The evidence now to be presented will establish that the membership of the Leadership Corps actively entered into a wide variety of acts and measures designed to advance the course of the conspiracy. The evidence will show that such participation by the Leadership Corps in the conspiracy embraces

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such measures as anti-Semitic activities; war crimes committed against members of the Allied Forces; participation in the forced-labor programme, measures to subvert and undermine the Christian religion and persecute the Christian clergy; the plundering and spoliation of cultural and other property in German occupied territories in Europe; participation in plans and measures leading to the initiation and prosecution of aggressive war; and, in general, the wide variety of measures embracing the Crimes against the Peace, War Crimes, and Crimes Against Humanity as defined and denounced by the Charter.

The first item of evidence we have to introduce is in connection with the participation of the Gauleiter and Kreisleiter, in what the Nazis describe as the "spontaneous uprising of the people" against the Jews throughout Germany on 9th and 10th November, 1938. We do not intend to introduce, by departing from the text, any evidence formerly introduced by Major Walsh on the persecution of the Jews, but only to show the connection of a few of the Party officials in connection with the assassination of an official of the German Embassy in Paris on the 7th of November.

The evidence relating to these pogroms has been thoroughly presented in connection with the prosecution's evidence in other phases of the case, particularly of the persecution of the Jews. I shall therefore limit myself to two documents and will request the Tribunal to recall that in the teletyped directive from S.S. Gruppenfuehrer Heydrich, issued on 10th November, 1938, to all police headquarters and S.D. districts, all chiefs of the State Police were ordered to contact the political leaders in the Gaue and the Kreise and to arrange with these high officials in the Leadership Corps the organisation of the so-called spontaneous demonstrations against the Jews.

The evidence previously presented shows that pursuant to this directive a large number of the Jewish shops and businesses were pillaged and wrecked, synagogues set on fire, individual Jews beaten up, and large numbers taken to concentration camps. This evidence forcibly illustrates the employment and participation of all the Kreisleiter and Gauleiter in illegal and inhuman measures designed to further the anti-Semitic programme which was an original and continuous objective of the Leadership Corps of the Nazi Party. I refer again to Document 3051-PS, Exhibit USA 240, and simply call your Honour's attention to the different political leaders who were named in that document, and I will not attempt to read nor refer to it again.

Departing again from the text, I want to offer at this time in evidence------

THE PRESIDENT: Colonel Storey, is it addressed to these various ranks in the Leadership Corps?

COLONEL STOREY: Your Honour, I notice on the first page it is addressed -- I am not good in German -- but to the State Police, to the S.D., and to some other S.D. officials.

THE PRESIDENT: What has that got to do with the Leadership Corps?

COLONEL STOREY: It has to do with directions to Party officials to take part in these demonstrations. In other words, through certain officials of the Leadership Corps this directive was dispatched and directed.

THE PRESIDENT: Are you sure the State Police and S.D. are any of the ranks in the Leadership Corps?

COLONEL STOREY: If your Honour will refer to this original chart, this big one, you will notice that the S.A., and S.S., and several of the organisations are listed on the left-hand part of that big chart. I think it is in the

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folder there on your Honour' desk. In other words, the close examination of that directive will show that they were to contact different political leaders in connection with the carrying into effect of this demonstration of the 9th and 10th November. That is the only purpose for which it is offered. It has been introduced in evidence, but the reason I mention it at this time----

THE PRESIDENT: I cannot see that it shows it. It seems to me to be a letter from the Chief of the Security Police to all headquarters and stations of the State Police.

COLONEL STOREY: I have not the English translation before me at this moment, your Honour.

THE PRESIDENT: Well, go on.

COLONEL STOREY: I now offer in evidence Document 3063-PS, Exhibit USA 332. This was a report from the Chief Party Judge Buch to the defendant Goering dated the 13th February, 1939, concerning actions taken by the Supreme Party Court for excesses in connection with the demonstrations of the 9th and 10th of November, 1938. I do not believe this, your Honour, is in the document book 3063.

THE PRESIDENT: Yes, it is.

COLONEL STOREY: I beg your pardon. I had forgotten whether it was in there or not. I quote a brief portion of it:--

"When all the synagogues were burnt down in one night it must have been organised in some way and can only have been organised by the Party."
It is a long document, and that is the only portion I quote. I have not the reference to it.


COLONEL STOREY: I am sorry, Sir, I have not the reference book.

THE PRESIDENT: On Page 1. You have the document before you.

COLONEL STOREY: "When all the synagogues burned down in one night it must have been organised in some way, and can only have been organised by the Party."

The first paragraph, Page 7.

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