International Military Tribunal - The Nuremberg Trials - Complete Tribunal Proceedings (V. 9)

And I ask you if you made those answers to Colonel Williams?

BODENSCHATZ: I can make the following answer to that:

I was not present at the conference. If I said that, I did not express myself correctly. I was not at the conference that the Führer had with Henderson, but I was standing in the anterooms with the other adjutants, and outside in the anteroom one could hear the various groups, some saying one thing, some another. From these conversations I gather that the conditions which Henderson received for the Poles in the evening were such, and that the time limit for answering these questions—which was noon of the next day—was so short, that one could conclude there was a certain intention behind it.

MR. JUSTICE JACKSON: Well, that is the impression that you received from being in the anteroom and talking with the people who were about Hitler that night?

BODENSCHATZ: There were adjutants, the Reich Press Chief, and the gentlemen who were waiting in the anteroom without taking part in the conference.

MR. JUSTICE JACKSON: I will ask you, in order to make this very clear, one more question about your interrogation on that subject. Were you not asked this question:

“Then we can summarize your testimony this morning by saying that you knew in 1938, several months before Germany attacked Poland, that Hitler fully intended to attack Poland and wage an aggressive war against her; is that right?”

And did you not make this answer:

“I can only say this with certainty that from the night when he told Henderson that he wanted Danzig and the Corridor, from that moment, I was sure Hitler intended to wage an aggressive war.”

Were you asked that question, and did you make that answer?

BODENSCHATZ: If it is in the minutes, I said it.

MR. JUSTICE JACKSON: Well, if it were not in the minutes, it would still be your testimony now, would it not? It is a fact, is it not?

BODENSCHATZ: My definition is precisely this: From the handing over of Adolf Hitler’s demands to Henderson and from the short time that Henderson was granted, I conclude that there was a certain intention. That is how I should like to define it precisely now.

MR. JUSTICE JACKSON: I will ask that you be shown Document Number L-79, United States exhibit in evidence, Number USA-27. You have seen that before, witness?

BODENSCHATZ: A copy of this document was shown to me by Colonel Williams, and I told him that I myself could not remember having been present. But if my name is on the minutes, then I was there.

MR. JUSTICE JACKSON: But your name is on the document, is it not?

BODENSCHATZ: Then I was there. I cannot remember the subject of this conference. I told Colonel Williams that that must have been discussed because Colonel Schmundt, whose handwriting I know—I was shown a copy—I told him that Colonel Schmundt was a man who was very conscientious in making his notes.

MR. JUSTICE JACKSON: That is all in his handwriting?

BODENSCHATZ: That is it as I see it here.

MR. JUSTICE JACKSON: And it is signed by Colonel Schmundt?

BODENSCHATZ: Yes, it is signed by Colonel Schmundt—Lieutenant Colonel Schmundt. The corrections are not in his handwriting.

MR. JUSTICE JACKSON: But the body of the document is his handwriting?

BODENSCHATZ: Yes, that is his own handwriting. I know it; yes.

MR. JUSTICE JACKSON: And when you were asked about that by Colonel Williams, you took time to read it, and then you said, did you not: “I think that the thoughts are right as they are expressed here; these are the thoughts that the Führer usually voiced to us in a small circle.” You made that statement?

BODENSCHATZ: Yes, I did say that, yes.

MR. JUSTICE JACKSON: And you said: “I cannot remember whether these things were expressed on that day. However, it is possible that the thoughts which are put down here are the thoughts of Adolf Hitler.” You said that to Colonel Williams, did you not?

BODENSCHATZ: Yes, I said that to Colonel Williams.

MR. JUSTICE JACKSON: That is all I care to ask about that, Sir.

I now ask to have shown to you the original exhibit, Document Number 798-PS, Exhibit USA-29 in evidence.

BODENSCHATZ: As far as I know, a copy of this speech by the Führer was also shown to me by Colonel Williams.

MR. JUSTICE JACKSON: That is right. You said, did you not, that you did not recall whether you were present but that the thoughts that were expressed . . .

BODENSCHATZ: The thoughts expressed there are correct.

MR. JUSTICE JACKSON: They are correct. That is all about that.

BODENSCHATZ: Yes, but I must say one more thing. I tried to speak to Colonel Williams again and could not reach him. Probably I attended this meeting.

MR. JUSTICE JACKSON: Well, we will take that statement now and excuse you from looking for Colonel Williams.

I ask to have shown to you Document 3474-PS, United States exhibit in evidence, Number USA-580. Is that your handwriting?

BODENSCHATZ: Yes, that is my handwriting.

MR. JUSTICE JACKSON: And signed by you?

BODENSCHATZ: Yes.

MR. JUSTICE JACKSON: And it is a note of a conference of the 2d day of December 1936, is it not?

BODENSCHATZ: Yes.

MR. JUSTICE JACKSON: You prepared this memorandum for your files; is that right?

BODENSCHATZ: I do not know to whom I gave this.

MR. JUSTICE JACKSON: Well, it says the notes for the files on that discussion; is that correct?

BODENSCHATZ: Yes, that is a note for the files.

MR. JUSTICE JACKSON: Göring was present at that conference; is that correct?

BODENSCHATZ: Yes. He must have conducted it. It states here, “Present: Generaloberst Göring.”

MR. JUSTICE JACKSON: In fact, the note says he conducted it does it not?

BODENSCHATZ: Yes.

MR. JUSTICE JACKSON: Now, there were also present Milch, Kesselring, and all of the others who are named in the list at the head of the note.

BODENSCHATZ: Yes.

MR. JUSTICE JACKSON: And you then recorded that Göring told—oh, by the way, all of those men were men connected with the Armed Forces of Germany, were they not?

BODENSCHATZ: Those were all men from the Air Force, the leading men at the time. General Milch was concerned with armament; Lieutenant General Kesselring was, I believe, Chief of Staff; they were all officers who were in leading positions.

MR. JUSTICE JACKSON: All concerned with the Air Force you say. And this meeting was held on the 2d of December 1936. Are we correct about that?

BODENSCHATZ: Yes.

MR. JUSTICE JACKSON: Then Göring opened the conference by saying: “The press all over the world is excited about the landing of 5,000 German volunteers in Spain. Great Britain protests officially and takes up the matter with France.” Refreshing your recollection, that is what occurred, is it not?

BODENSCHATZ: Yes.

MR. JUSTICE JACKSON: Then Göring said, “The general situation is very serious,” and that he took full responsibility, did he not?

BODENSCHATZ: Yes. The general situation was very serious. England was rearming intensively, and a state of readiness was desired.

MR. JUSTICE JACKSON: Now, he next said, did he not, “Silence until 1941 is desirable. However, we cannot know whether there will be implications before. We are already in a state of war. It is only that no shot is being fired so far.” Did he say that?

BODENSCHATZ: That is recorded in these minutes.

MR. JUSTICE JACKSON: And he also said, did he not, that “beginning 1 January 1937, all factories for aircraft production shall run as if mobilization had been ordered.”

BODENSCHATZ: Yes.

MR. JUSTICE JACKSON: Well, it is there in the text, is it not?

BODENSCHATZ: Yes, it is contained here in the minutes.

MR. JUSTICE JACKSON: Now, you have testified that Göring had no prior knowledge of the action taken against the Jews on the night of November 9th and 10th of 1938.