War Crimes Trials - Vol. II The Belsen Trial. 'The Trial of Josef Kramer and Forty Four Others'

The Trial (Evidence For The Prosecution)
 
ANITA LASKER, GERIA ZYLBERDUKATEN and SYNCHA ZAMOSKI, on oath, identified certain of the prisoners and made accusations.

Fourteenth to Eighteenth Days -Tuesday, 2nd October, 1945, to Saturday, 6th October, 1945

ESTER WOHLGRUTH, on oath, gave further evidence referring to the incident of the attack by Bormann's dog on internees.

MARCEL TUCHMANN, on oath, produced a plan of Birkenau Camp, Exhibit No. 8, roughly drawn on a wax stencil. He pointed out various compounds and buildings, including the gas chambers and crematoria.

EWA GRYKA on oath, Corroborated the evidence of Rosenzweig and Litwinska, with with regard to ill-treatment by accused, No. 10 (Ilse Lothe). Under cross-examination by Major Cranfield she stood by her statement, despite discrepancies between the three witnesses.

Company Sergeant-Major JOHN LIDDLE, Sergeant CYRIL ALBERT SCAMANS, Sergeant EDWARD DINSDALE, Sergeant LEONARD WILLIAM HIGGS and Sergeant HARRY AITCHISON, on oath, gave evidence as to the taking of depositions and statements from witnesses, the accused, and those whose affidavits were part of the Crown case, but who were not to appear in person before the Court.

Captain SAVILLE MALCOLM STEWART, sworn, examined by Colonel BACKHOUSE - I am a captain on the legal section of the Judge Advocate General's branch, Headquarters, British Army of the Rhine, and produce an analysis made from 1875 death certificates referring to persons who died at Belsen Camp. These are ordinary death certificates made by the German authorities at the camp. I made the analysis in three ways: first, according to cause of death; second, by nationalities of the deceased; third, according to periods of time covered by each of the series of certificates. Regarding causes of death, I found that 22 people had died of old age, 46 from exhaustion, 31 from pneumonia, 199 from tuberculosis, 1297 from weakness and 280 from other causes. With regard to nationalities on the death certificates, there were 403 French, 349 Dutch, 264 Hungarians, 258 Poles, 139 Stateless, 113 Belgians, 70 Italians, 29 Albanians, 25 Croatians, 20 Yugoslavs, 15 English [British] and 190 other nationalities. On 22nd May, 1945, I went to the citadel at Diest and read out, in German, to Kramer a statement which he had made at a previous interview with Major Pollard, when I had acted as interpreter. This statement he signed. No pressure was made whatsoever on Josef Kramer, either to make or to sign that statement.

(Captain Stewart then read to the Court the statement by Josef Kramer, Exhibit No. 12.)[14]

Affidavits by Herr HEINZ MASSETH, Sergeant TRIP and Sergeant ROTHSCHILD were read by Colonel Backhouse. These affidavits proved the onward transmission of various documents relating to death-rolls in Belsen, Neuengamme and other camps, letters from relatives to prisoners, and S.S. files.

Colonel BACKHOUSE - We now come to the affidavits which are to be produced. I rely on Regulation 8 (1) which allows the Court to take into consideration my statement appearing on the face of it to be authentic, provided the statement appears to the Court to be of assistance in proving, or disproving the charge, notwithstanding that such a statement would not be admissible as evidence, in proceedings before a Field General Court-Martial. I have made endeavours to get witnesses brought here wherever possible, and when the Defence have asked me to bring somebody in person I have done so. I have sought all the witnesses who were in Belsen, but some of the service witnesses are now abroad.

Captain PHILLIPS - We object to the whole of these affidavits, which are contained in this book and elsewhere, being put before the Court as evidence. In our submission the whole of the evidence contained in this book is completely unreliable, and we invite the Court, having considered the statements which are in the book of those witnesses who have already given evidence, to judge from these, and say that the remainder should not be received by the Court as they are completely worthless and of so little value that the Court should not make such an enormous departure from what is the normal practice of Criminal Courts and Field General Courts-Martial.

The JUDGE ADVOCATE - I my view all these exhibits if they are put in will be admissible in evidence, but what is left for the Court to decide, if they admit them is how much weight they will attach to each particular document, having heard the whole of the circumstances, and having considered it in the light of other evidence. I do not think it is sound to say that because one affidavit or several affidavits may not convince the Court as to their truth, therefore the Court should pay no attention whatever to 80 or 90 others.

(The Court confer.)

The JUDGE ADVOCATE - I am asked by the Court to say that they have carefully considered the argument for the Defence, but are unable to accept it. That means that they will receive in evidence the affidavits tendered by the Prosecution, but they will bear in mind any observation which may be made by the Defence when considering what weight should be attached to any particular affidavit.

(The following depositions were then read:-

 
Exhibit Number
Bundle Number
 
 
16
No. 1[15]
 
17
No. 3
 
18/19
No. 4
REGINA BIALEK (two depositions).
 
20
No. 16
 
21
No. 17
 
22/23
No. 18
GERTRUD DIAMENT (two depositions).
 
24
No. 20
 
25
No. 21
MEVROUW FANNY DUIZEND
 
26
No. 22
 
27/28
No. 23
Joint deposition by RACHELA BRZUSTOVSKA, BLANKA WEINFELD, SARA WEINFELD and SARA WITZ
 
29
No. 25
ETYL EISENBERG
 
30
No. 26
 
31
No. 27a
 
32
No. 30
JEKEL GUTMAN
 
32
No. 179
 
33
No. 31
 
34
No. 33
 
35
No. 37
 
36
No. 39
 
37/38
No. 42
JOSEF HAUPTMANN (two depositions).
 
39
No. 44
 
40
No. 45
 
41
No. 62
 
42
No. 64
 
43
No. 65
 
44
No. 70
ADELAIDE DE JONG (two depositions).
 
45
No. 72
 
46
No. 74
 
47
No. 75
 
48
No. 76
 
49
No. 77
MARGARET JELINEK
 
49
No. 78
 
50
No. 79
 
51
No. 81
 
52
No. 83
No. 85
 
53
No. 92
 
54
No. 93
 
55
No. 93a
 
56
No. 94
 
57
No. 98
 
58
No. 99
 
59
No. 101
 
60
No. 102
 
61
No. 103
No. 104
No. 106
 
62
No. 107
 
63
No. 108
 
64
No. 109
 
65
No. 110
RICHARD NATOLSKI
 
66
No. 111
No. 113
No. 114
 
67
No. 115
 
68
No. 116
 
69
No. 117
 
70
No. 118
REGINA PLUCER
 
71
No. 119
 
72
No. 120
 
73
No. 121
 
74
No. 125
 
75
No. 127
 
76
No. 130
 
77
No. 131
 
78
No. 133
 
79
No. 134
 
80
No. 136
 
81
No. 137
 
82
No. 146
 
83
No. 147
 
84
No. 148
 
85
No. 151
 
86
No. 159
ERIKA THUNA
 
87
No. 160
 
88
No. 162
No. 163
No. 164
No. 165
 
89
No. 167
 
90
No. 169
 
91
No. 170
No. 171
 
92
No. 172
No. 174
 
93
No. 175
 
94
No. 177
 
95
No. 181
 
9
No. 185
 
96
No. 190
MARGARET JELINEK
 
96
No. 191
MICHAL PROMSKY
 
97
No. 223
 
98
No. 227
 
99
No. 228
 
100
No. 229
 
101
No. 230
 
102
No. 231
 
103
No. 232
 
104
No. 233
No. 234
No. 235
 
105
No. 239
 
106
No. 245
 
107
No. 257
 
109
No. 236
 
110
No. 46
 
111
No. 192
 
112
No. 194
No. 196
No. 197
 
113
No. 198
 
114
No. 201
 
115
No. 220
 
116
No. 221
 
117
No. 226
 
118
No. 227
JOSEF KRAMER (additional deposition)

(Certain objections were raised by Counsel for the Defence during the reading of the affidavits. After discussion and various summings - up on the submissions by the Judge Advocate, the Court gave their rulings as to whether or not the objections raised were sustained. In the Appendix, which contains the affidavits, each portion of any individual affidavit, which has been challenged by the Defence and in which the Court have sustained the objection, has been omitted, and only those parts of the affidavits and statements have been rendered which were read by the Prosecutor. These parts of the affidavits which have no bearing against any of the accused, or do not materially amplify the descriptions already given of the camps, have been omitted.)

Colonel BACKHOUSE - That concludes the case for the Prosecution.
 
The Trial (Evidence For The Prosecution)