Chapter V: Part 5

“Exhibit V” attached hereto and marked by me is a certificate as to publication of the two notices in newspapers and on the radio in Berlin and in the British Zone of occupation.

7. I make this solemn declaration conscientiously believing the same to be true, and I declare that the information which I give therein has been obtained by me through official sources and from those persons whose duty it is to give such official information.

/s/ R. W. H. HORTIN
Major

Declared by the above-named Richard William Hurlstone Hortin This 17th day of November 1945 In my presence:

/s/ R. O. WILBERFORCE
Brigadier,
Deputy Chief,
Legal Division,
C. C. G. (B. E.).

Exhibit II. Dissemination in the American Zone
INTERNATIONAL MILITARY TRIBUNAL

THE UNITED STATES OF AMERICA, THE FRENCH REPUBLIC, THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, and THE UNION OF SOVIET SOCIALIST REPUBLICS

— against —

HERMANN WILHELM GÖRING, et al.,

Defendants.
_Certificate_

I hereby certify that at the request of the above entitled tribunal, through Harold B. Willey, General Secretary, I have performed the following services in connection with publication, broadcast and posting of notices in the above entitled cause under order of the above entitled tribunal issued at Nuremberg, Germany, on or about 18 October 1945:

1. In cooperation with Major R. W. H. Hortin, Legal Division, Advance Headquarters, Control Commission for Germany (British Element), Berlin, on or about 23 October 1945, I arranged for the initial printing of 10,000 copies of the attached notice by the Ullstein Press, Berlin (Exhibit “I”). On 26 October 1945 I personally took delivery of 2,500 of the said notices and delivered them to Major E. K. Neumann, Chief Public Safety Officer, U. S. Headquarters, Berlin District, for posting in the U.S. Zone of Berlin. Major Neumann’s indorsement to basic letter dated 27 October 1945 is attached as Exhibit “II A”. From my personal knowledge the posters were posted throughout the U.S. Zone, Berlin, as stated by Major Neumann. The remaining 7,500 posters of the original 10,000 were delivered to Major Hortin for posting in the British, Soviet, and French sectors of Berlin. To my personal knowledge they were so posted.

2. On or about 26 October 1945 I arranged for the publication of 190,000 additional posters. Ninety thousand of these were personally delivered to me on 31 October 1945, and by me shipped to the Office of Military Government, U.S. Zone, Frankfurt, Germany, for posting in the U.S. Zone and the delivery of 40,000 to Headquarters, French Military Government at Baden-Baden, Germany, for posting in the French Zone. A copy of the cable of instruction sent to Headquarters, Office of Military Government, U.S. Zone, is attached and marked Exhibit “II B”.

3. To my personal knowledge the Office of Information Control Service, Office of Military Government for Germany (U.S.), (Lt. Col. R. K. Fried, Executive Officer), relayed the attached notice to all German language newspapers and radio stations operating in the U.S. Zone with instructions to print and broadcast same as directed in the Tribunal’s order. A further certificate of compliance with this provision of the Tribunal’s order will be made by the Office of Information Control upon expiration of the fourth week on 17 November 1945.

Dated at Berlin, Germany, this 15th day of November 1945.

/s/ ALEXANDER G. BROWN, 0-912504,
Lt. Colonel, AUS-AC,
Legal Division, Office of Military
Government for Germany (U.S.)

/s/ R. W. H. HORTIN
Major

Exhibit II A. Dissemination in the American Zone

OFFICE OF MILITARY GOVERNMENT FOR GERMANY (U.S.)
Legal Division
APO 742

27 October 1945

SUBJECT : Posting of International Military Tribunal Posters. TO : Public Safety Division, U.S. Headquarters, Berlin District (Major Neumann).

1. It is requested that necessary action be taken to post 2,500 copies of the two orders of the International Military Tribunal in the case of Hermann Wilhelm Göring et al. in the U.S. Sector of Berlin on or before 1800 hours, 27 October 1945.

2. The Legal Division, Office of Military Government for Germany (U.S.) requests that a report be made at your earliest convenience advising as to the posting as requested in par. 1.

3. This request is in confirmation of arrangements previously made by Major Neumann and Lt. Col. Alexander G. Brown (76 X6110), this headquarters.

/s/ Charles Fahy
Director
1st Ind.

U.S.Hq.B.D. & Hq. F.A.A., OMG, P.S., APO 755, U.S. Army, 31 Oct 45.

TO: Legal Division, OMGGUS, APO 742.

1. Pursuant to request 2,500 copies of the two orders of the International Military Tribunal in the case of Hermann Wilhelm Göring et al. were posted in the U.S. Sector of Berlin before 1800 hrs, 27 October 1945.

2. Said orders were on said date and before said hour posted upon bulletin boards and in other conspicuous places, to the approximate number of 435, in each of the six VBKs, namely Steglitz, Zehlendorf, Kreuzberg, Tempelhof, Schöneberg, Neukölln, which constitute the U.S. Sector of Berlin.

/s/ E. K. NEUMANN
Major, A. C.
Chief Public Safety Officer

Exhibit II B. Dissemination in the American Zone

HQ. U.S. GROUP C.C.
A.G. CABLES
OUTGOING MESSAGE
_UNCLASSIFIED_
_PRIORITY_

TO : LEGAL BRANCH, OMGGUS ZONE FROM : OMGGUS FROM FAHY SIGNED CLAY INFO : INTERNATIONAL MILITARY TRIBUNAL, NUREMBERG

REF NO : CC-18221 TOO: 291200 B Oct 45 em

Legal Division, OMGGUS, at request of the International Military Tribunal, Nuremberg, has arranged for the printing of 100,000 copies of official notice to defendants. Shipment of approximately this number by air priority will be made to OMGGUS Zone as soon as they are printed, probably Thursday. It is desired that one-half of the shipment be relayed by OMGGUS Zone, to Headquarters, French Military Government, Baden-Baden. Court has directed that the notices be posted on official bulletin boards throughout US Zone and read and posted in all prisoner of war camps. Similar distribution has been ordered in other zones in Germany. Request Legal Branch, OMGGUS Zone, take necessary action to insure immediate relay of posters to the French and immediate distribution to military detachments throughout US Zone with instruction that they shall be posted within 24 hours of receipt. Distribution by OMGGUS Zone, to include Bremen Enclave, but not Berlin District. Distribution in Berlin District made direct by Legal Division, OMGGUS. Request that regional military government detachments report through Legal Branch, OMGGUS Zone, to Harold B. Willey, General Secretary, International Military Tribunal, Nuremberg, upon compliance with posting of notices as directed, and that a copy of such report be forwarded to Legal Division, OMGGUS.

ORIGINATOR: Legal AUTH: F. H. GORDON
Major

INFORMATION: O/SS, Pub. Relations, AG Records. CC 18221 30 Oct 45 JAK/tb 0444B _UNCLASSIFIED_

Exhibit II C. Dissemination in the American Zone
INTERNATIONAL MILITARY TRIBUNAL

THE UNITED STATES OF AMERICA, THE FRENCH REPUBLIC, THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, and THE UNION OF SOVIET SOCIALIST REPUBLICS

— against —

HERMANN WILHELM GÖRING, et al.,

Defendants.
_Certificate_

I hereby certify that acting on instruction from Lieut. Colonel Raymond K. Fried I have performed the following services or have been informed of the following facts in connection with the publication and broadcast of notices in the above entitled cause under order of the above titled tribunal issued at Nuremberg, Germany, on or about 18 October, 1945:

1. I caused to be transmitted to the DANA news service in Bad Nauheim copies of the attached notices to Martin Bormann and to members of certain organizations (Exhibit I) with instructions that these notices were to be published in German language newspapers in the United States Zone of Germany and the United States Sector of Berlin, and broadcast over radio stations in the United States Zone.

2. Through the Radio Section of Information Control Division, U.S. Forces, European Theater, I have been informed that the above mentioned notices were broadcast three times each between October 26 and November 8, 1945 (Exhibit II D).

3. Through the DANA news service and through personal observation I have learned that copies of the above mentioned notices were printed in German language newspapers in the United States Zone and the United States sector of Berlin between 18 October and 17 November 1945.

Dated at Berlin, Germany, this 23rd day of November 1945.

/s/ HOWARD DENBY
Press Control News Unit (Berlin)
Information Control Division
United States Forces, European
Theater

Exhibit II D. Dissemination in the American Zone

SUBJECT : War Crimes Indictments. TO : Colonel Murphy.

1. The general indictment of the 24 defendants and the Nazi organizations was broadcast at 2015 on October 26, November 3 and November 8.

2. The notification to Bormann to the effect that he would be tried _in absentia_ if he did not appear personally for trial was broadcast at 2000 hours October 26, November 2 and November 8.

3. All of these broadcasts originated at Luxembourg and were relayed by Frankfurt, Munich, and Stuttgart.

/s/ GERALD F. MAULSBY
Chief, Radio Section

Exhibit III A. Dissemination in the French Zone
COMMANDEMENT EN CHEF FRANÇAIS EN ALLEMAGNE

GOUVERNEMENT MILITAIRE Baden-Baden, 23 November 1945
DE LA Counsellor Furby
ZONE FRANÇAISE Director General of Justice
D’OCCUPATION Representative in Germany for
DIRECTION GÉNÉRALE the Search of War Criminals
de la
JUSTICE to
Le Directeur Général
The Delegate of the
Provisional Government of the
French Republic of the
Prosecution of the
International Military Tribunal
of the Major War Criminals

I certify that at the date of the 21st November 1945 the notice concerning the trial by the International Military Tribunal of the issue of the criminal character of certain organizations had been published in the German language in the French Zone of Occupation over the radio and newspapers at least once a week for two weeks, and that this publication will be continued for another two weeks over the one radio station of the French Zone (Koblenz) and in twelve German papers to give the widest possible dissemination throughout the French Zone.

I further certify that this notice was also published by the form of postings ordinarily employed by the military authorities in conveying information to the civilian population.

I further certify that this notice has been delivered to the appropriate French authorities in charge of prisoners of war for publication in the German language wherever practicable in prisoner of war camps in which Germans are imprisoned, in such manner as the officers commanding such camps may decide.

The Director General of Justice
Representative in Germany for the
Search of War Criminals,

(Seal) /s/ FURBY

Exhibit III B. Dissemination in the French Zone
COMMANDEMENT EN CHEF FRANÇAIS EN ALLEMAGNE

GOUVERNEMENT MILITAIRE Baden-Baden, 23 November 1945
DE LA
ZONE FRANÇAISE Counsellor Furby
D’OCCUPATION Director General of Justice
DIRECTION GÉNÉRALE Representative in Germany for
de la the Search of War Criminals
JUSTICE
Le Directeur Général to

The Delegate of the
Provisional Government of the
French Republic of the
Prosecution of the
International Military Tribunal
of the Major War Criminals

_Certificate to General Secretary_

I certify that at the date of the 21st November 1945 the notice to Martin Bormann that he is charged with having committed Crimes against Peace, War Crimes and Crimes against Humanity as set forth in an indictment which has been lodged with this Tribunal, had been published in the German language in the French Zone of Occupation over the radio and newspapers at least once a week for two weeks, the first publication having been made during the week beginning October the 12th, and that this publication will be continued for another two weeks over the one radio station of the French Zone (Koblenz) and in twelve German papers to give the widest possible dissemination throughout the French Zone.

The Director General of Justice
Representative in Germany for the
Search of War Criminals,
(Seal) /s/ FURBY

Exhibit IV A. Dissemination in the Russian Zone General Secretary, The International Military Tribunal, Nuremberg. _Certificate_

I hereby certify that announcement of the trial, by the International Military Tribunal of the criminal case of certain organizations was duly published in German in the Soviet Zone of occupation in Germany in all the newspapers under our control namely: “Tägliche Rundschau”, “Berliner Zeitung”, “Deutsche Volkszeitung”, “Neue Zeit”, “Der Morgen”, “Das Volk”, (all published in Berlin), “Volksstimme”, “Volkszeitung”, “Thüringer Volkszeitung”, “Volksblatt” and “Sächsische Volksstimme” (all published in the provinces).

The publication was repeated weekly beginning 22nd October 1945. In addition it was broadcast weekly over the Berlin radio.

Furthermore I certify that this announcement was posted in bill form.

Chief of Information Bureau, Soviet Military Administration in Germany /s/ I. TUGARINOV 14 November 1945 17/11/45 A. KUDROV /s/ Exhibit IV B. Dissemination in the Russian Zone General Secretary, The International Military Tribunal, Nuremberg. _Certificate_

I hereby certify that the complete text of the statement of Martin Bormann to the effect that he is guilty in full measure of crimes against peace, war crimes and crimes against humanity, as set forth in the Indictment presented to this Tribunal, has been read in German over the radio in the Soviet zone of occupation in Germany once a week starting with Oct. 22, that is, Oct. 24, Nov. 3, Nov. 10, and Nov. 17, 1945.

Concurrently on these same dates it was published in Berlin in the following papers: “Tägliche Rundschau”, “Berliner Zeitung”, “Deutsche Volkszeitung”, “Neue Zeit”, “Der Morgen”, “Das Volk”.

Moreover, each week it was published in the following provincial newspapers: “Volksblatt”, “Sächsische Volkszeitung”, “Volkszeitung”, “Thüringer Volkszeitung”.

Chief of Information Bureau, Soviet Military Administration in Germany /s/ I. TUGARINOV 17 November 1945

Exhibit V A. Dissemination in the British Zone
PR/ISC Group,
Advance Headquarters,
Control Commission for Germany
(British Element),
BERLIN, B.A.O.R.
The General Secretary,
International Military Tribunal.

I certify that the notice concerning the trial by the International Military Tribunal of the issue of the criminal character of certain organizations has been published in the German language in the British Zone of occupation in the following newspapers, at least once a week for four weeks:

Circulation for week ending 27 Oct 45. Neue Westfälische Zeitung 1,000,000 Neue Rheinische Zeitung 520,000 Kölnischer Kurier 370,000 Ruhr Zeitung 500,000 Aachener Nachrichten 110,000 Neue Hamburger Presse 402,500 Lübecker Post 156,000 Kieler Kurier 210,000 Hamburger Nachrichtenblatt 108,100 Lübecker Nachrichtenblatt 47,600 Kieler Nachrichtenblatt 17,500 Flensburger Nachrichtenblatt 12,500 Neuer Hannoverscher Kurier 433,000 Nordwest Nachrichten 301,000 Hannoversches Nachrichtenblatt 22,500 Neues Oldenburger Tageblatt 40,100 Lüneburger Post 178,900 Braunschweiger Neue Presse 150,500 Der Berliner 300,000

It has also been broadcast over the transmitters at Hamburg and Cologne (Langenberg).

I certify that it has thereby received the widest possible dissemination throughout the British Zone.

/s/ W. H. A. BISHOP
Major-General,
Chief, PR/ISC Group,
Control Commission for Germany (BE).

BERLIN, 15 Nov 45.
Exhibit V B. Dissemination in the British Zone
PR/ISC Group,
Advance Headquarters,
Control Commission for Germany
(British Element),
BERLIN, B.A.O.R.
The General Secretary,
International Military Tribunal,

I certify that the notice to Martin Bormann that he is charged with having committed Crimes against Peace, War Crimes and Crimes against Humanity as set forth in an indictment which has been lodged with this Tribunal has been read in full in the German language once a week for four weeks over the radio in the British Zone, the first reading having been during the week of October 22, 1945, and that it has also been published in four separate issues of “Der Berliner”, the newspaper published in the British sector of Berlin.

/s/ W. H. A. BISHOP
Major General,
Chief, PR/ISC Group.
Control Commission for Germany (B. E.)

BERLIN, 15 Nov 45
/s/ R. W. H. HORTIN

CERTIFICATES OF SERVICE ON INDIVIDUAL
DEFENDANTS

INTERNATIONAL MILITARY TRIBUNAL
24 October 1945
_Certificate to General Secretary_

I certify that I have served the following documents: (1) Indictment, (2) Notice, (3) Charter of International Military Tribunal, (4) Rule 2 (d) of the Rules of the International Military Tribunal, and (5) list of German lawyers, on the following named defendants at the time and place stated, by personally delivering to each of them a copy in the German language of each of the above-named documents:

HESS, Rudolf 19 October 45 Nuremberg
GÖRING, Hermann 19 October 45 Nuremberg
JODL, Alfred 19 October 45 Nuremberg
VON RIBBENTROP, Joachim 19 October 45 Nuremberg
KEITEL, Wilhelm 19 October 45 Nuremberg
LEY, Robert 19 October 45 Nuremberg
VON NEURATH, Constantin 19 October 45 Nuremberg
SAUCKEL, Fritz 19 October 45 Nuremberg
VON PAPEN, Franz 19 October 45 Nuremberg
DÖNITZ, Karl 19 October 45 Nuremberg
SEYSS-INQUART, Arthur 19 October 45 Nuremberg
FRANK, Hans 19 October 45 Nuremberg
ROSENBERG, Alfred 19 October 45 Nuremberg
FUNK, Walter 19 October 45 Nuremberg
FRICK, Wilhelm 19 October 45 Nuremberg
SPEER, Albert 19 October 45 Nuremberg
VON SCHIRACH, Baldur 19 October 45 Nuremberg
SCHACHT, Hjalmar 19 October 45 Nuremberg
STREICHER, Julius 19 October 45 Nuremberg
KALTENBRUNNER, Ernst 19 October 45 Nuremberg

I further certify that I have apprised each of the above-named defendants of his right to the employment and designation of counsel.

/s/ A. M. S. NEAVE,
Major.

CERTIFICATE OF SERVICE ON DEFENDANT
GUSTAV KRUPP VON BOHLEN

INTERNATIONAL MILITARY TRIBUNAL
23 October 1945
_Certificate to General Secretary_

I certify that I have served the following documents: (1) Indictment, (2) Notice, (3) Charter of International Military Tribunal, (4) Rule 2(d) of the Rules of the International Military Tribunal, and (5) List of German Lawyers, on the following named defendant at the time and place stated, by personally delivering to him a copy in the German language of each of the above-named documents:

HERR GUSTAV KRUPP VON BOHLEN, 19 October 1945, Blühbach near Werfen, Austria.

I further certify that I have apprised the above-named defendant of his right to the employment and designation of counsel to the extent that this was possible in view of his mental condition.

At the direction of the Tribunal I have made an investigation into the state of Gustav Krupp von Bohlen’s health and have obtained medical reports on this subject which are attached hereto. (Attachments I, II, and III).

As a result of the conclusions in these reports and my own observation, I suggest that the General Secretary recommend to the Tribunal that a committee of medical officers, representing each nation, be appointed by the Tribunal to proceed to Blühbach for the purpose of giving Krupp von Bohlen a thorough examination and reporting their findings to the Tribunal.

/s/ JAMES H. ROWE, JR.

Medical Certificates Attached to
Certificate of Service on Defendant
Gustav Krupp von Bohlen
(Attachment I)
3d Battalion, Medical Section
232d Infantry Regiment
Schloss Blühbach
Bezirk Bischofshofen, Austria
6 October 1945

MEMORANDUM FOR: Capt. Norman A. Stoll, JAGD, Office U.S.
Chief of Counsel for the Prosecution of Axis
Criminality

SUBJECT: Condition of Health of Mr. Gustav Krupp von
Bohlen

1. Mr. Gustav Krupp von Bohlen was examined by me today, and the following findings are noticed.

2. Subject has suffered from progressive arteriosclerosis and senility since 1939. He suffered an attack of cerebral thrombosis in 1942, which resulted in a temporary facial paralysis. About a year ago he lost bladder and sphincter control.

3. At the present time he is bedridden, has to be fed and to be cared for by nurses. He has no insight into his condition or situation whatsoever and is unable to follow or keep up any conversation.

4. I do not believe that subject can be moved without serious detriment to his health or that interrogation would be of any value due to his loss of speech and complete lack of any understanding. His course will be progressively down-hill.

5. In my judgment subject is not mentally competent to stand trial in a court of justice.

/s/ WALTER PICK
Capt., MC, 232d Infantry

(Attachment II)
Blühbach, 13 September 1945
Otto Gerke, M.D.
Professor
Bad Gastein
_Medical Certificate_

Dr. Gustav Krupp von Bohlen und Halbach, born 7 August 1870, has been treated by me for many years; he was examined by me today. Since 1930 there has existed an arthrosis of the spine, as well as a hypotony which as far back as 1932 caused fainting fits. Since 1937 a rapidly increasing sclerosis of the vessels was to be noted which occurred in particular in the vessels of the brain.

In 1939 a fleeting paralysis of the eye muscles made its appearance and passing disturbances of speech occured. In the spring of 1942, the patient suffered an apoplectic stroke on the left side, with facialisparosis and a distinct increase of reflexes on the entire right side. The cerebral disturbances of circulation have gradually grown worse despite treatments with medicaments. They manifested themselves first in the form of impaired memory and will power, indecision and general deterioration of intellectual faculties and increased to the point of definite depressions accompanied by apoplectic numbness and involuntary crying. There developed an acute arteriosclerotic dementia.

In an automobile accident in December, 1944, the patient suffered a fracture of the nose bone and the skull basis and had to be treated for eight days in the Schwarzach Hospital at St. Veith. Since that time, his physical condition has also deteriorated, and several apoplectic fits have occurred as a consequence of multiple softenings of the brain with heart symptoms and striary syndroms.

The patient is by now completely apathetic and disorientated. There exists a motoric aphasy. Owing to rigor of the muscles, he can neither walk nor stand up. For approximately the last six months he has not been able to hold urine and stool. He is completely helpless even in the simplest matters. There can be traced an advanced emphysen in the lungs and a distinct myocardic impairment on the basis of a coronary sclerosis of the heart. An enlargement of the prostate gland has existed for years.

The prognosis of the condition is definitely unfavorable, an improvement is not to be expected. Herr Von Bohlen is in no way competent or capable of being interrogated.

/s/ DR. GERKE

(Attachment III)

HEADQUARTERS
42d DIVISION ARTILLERY
APO 411 US ARMY

20 October 1945

SUBJECT : Physical Examination of GUSTAV KRUPP VON BOHLEN UND HALBACH

TO : General Secretary, International Military Tribunal, APO 403

1. The following history and physical examination of Herr Gustav Krupp von Bohlen und Halbach is submitted in compliance with a request from Mr. James Rowe. The history was obtained from Frau Von Bohlen and from the valet. The information was obtained on the 19th and 20th of October 1945 when the patient was examined at his home at Blühbach, Austria.

2. HISTORY OF PRESENT ILLNESS: Herr Von Bohlen has been developing arteriosclerosis since 1932 according to his physician’s reports. It is believed that he first had a very light apoplectic stroke in 1937. This was very transitory in nature and cleared without noticeable aftereffects except for some loss of the acuteness of his thought processes and memory which his family noticed. In the latter part of November 1944 he had a spell of unconsciousness, fell and fractured a finger and was unable to walk alone for about 24 hours. On 15 December 1944, he was in an automobile accident and received a severe blow and laceration of the forehead. He was hospitalized as a result of this accident until the first week of February 1945, at which time he returned home. Following this he was able to walk only with assistance and he was unable to make coherent statements. He continued to have light strokes and since March has been unable to walk even with help, and his ability to speak has gradually decreased until at the present time he is able only to speak an occasional single word. Also since leaving the hospital he has had no control of the bowels or bladder and during the past three months has given no evidence of recognizing various members of his family or close acquaintances.

3. PHYSICAL EXAMINATION:

GENERAL: The patient is an emaciated white male of 76 years of age who is unable to speak or to cooperate in his own examination, and appears to have no realization of what is going on about him.

SKIN: Scar 2 inches long extending across the forehead and downward between the eyes and across the bridge of the nose.

The skin of the groin is macerated bilaterally as a result of being constantly moistened with urine.

EYES, EARS, NOSE AND THROAT: No marked abnormalities.

LUNGS: Hyper-resonant throughout with moderate enlargement of the chest cage suggesting the presence of mild emphysema.

CARDIOVASCULAR SYSTEM: Apex of heart palpable at a point 1 cm medial to the left mid-clavicular line. No evidence of right heart enlargement could be detected. Pulse 80. Blood pressure 130/75. Pulse full and regular except for an occasional skipped beat. The distal palpable arteries in the wrist and ankles were markedly sclerotic.

MUSCULO-SKELETAL SYSTEM: Both legs and arms were slowly moved by the patient although all movements of the extremities were associated with moderate spasticity. The patient was unable to stand alone or walk when he was held upright.

NEUROLOGICAL SYSTEM: Pupillary reaction to light normal. Deep tendon reflexes in arms and legs were normal. Normal reaction to plantar stimulation.

GENITO-URINARY SYSTEM: Incontinence of urine was noted at the time of examination. Genitalia appeared normal. A prostatic examination was not made.

GASTRO-INTESTINAL SYSTEM: Abdominal examination was normal. Incontinence of the bowels was noted at the time of the examination.

4. IMPRESSION AND PROGNOSIS:

It is the impression of the undersigned that this man is suffering from far advanced generalized arteriosclerosis which is progressive and that he has already suffered from repeated small apoplectic strokes. It is believed that this condition has already developed to the point where this man has lost all capacity for memory, reasoning or understanding of statements made to him and that transporting or doing anything which might excite him might endanger his life.

/s/ PAUL F. CHESNUT
Capt., MC
Surgeon.

ACKNOWLEDGMENT OF SERVICE

The following declarations were received in writing from Hans Fritzsche and from Erich Raeder on 18 October 1945:

I, Hans Fritzsche, have received today, on 18 October 1945, at 1950 Berlin time, the Indictment of the Chief of Counsel of the International Military Tribunal, a statement regarding my right to defense, a list of German lawyers, the Rules of the International Military Tribunal in the German language. Above documents have been handed to me by the Red Army Officer Grishajeff, acting on orders of the International Military Tribunal and who advised me in the German language on the contents of the documents and on my right to defense.

Berlin, 18 October 1945.

/s/ HANS FRITZSCHE

I, Erich Raeder, have received today, on 18 October 1945, at 1850 Berlin time, the Indictment of the Chief of Counsel of the International Military Tribunal, a statement regarding my right to defense, a list of German lawyers, the Rules of the International Military Tribunal in the German language. Above documents have been handed to me by the Red Army Officer Grishajeff, acting on orders of the International Military Tribunal and who advised me in the German language on the contents of the documents and on my right to defense.

Berlin, 18 October 1945.

/s/ ERICH RAEDER

MOTION ON BEHALF OF DEFENDANT
GUSTAV KRUPP VON BOHLEN
FOR POSTPONEMENT OF THE TRIAL AS TO HIM

Nuremberg, 4 November 1945

Theodor Klefisch Lawyer Cologne, 43, Blumenthalstrasse To : The International Military Tribunal, Nuremberg.

As defending counsel to the accused Dr. Gustav Krupp von Bohlen und Halbach I request that the proceedings against this accused be deferred until he is again fit for trial.

At any rate I request that the accused be not tried in his absence.

_Reasons_

By Article 12 of the Charter of the International Military Tribunal this Court has the right to try an accused in his absence if he cannot be found, or if the Court deem this necessary for other reasons in the interest of justice.

The 75-year-old accused Krupp von Bohlen has for a long time been incapable of trial or examination owing to his severe physical and mental infirmities. He is not in a position to be in contact with the outside world nor to make or receive statements. The Indictment was served on him on 19 October 1945 by a representative of the International Military Tribunal by placing the document on his bed. The accused had no knowledge of this event. Consequently he is not aware of the existence of an Indictment. Naturally therefore he is not capable of communicating either with his defense counsel nor with other persons on the subject of his defense.

To prove the above two medical certificates are enclosed—that of the court medical expert Doctor Karl Gersdorf of Werfen, Salzburg of 9 September 1945, and that of the Professor Doctor Otto Gerke of Badgastein of 13 September.

Lately Herr Krupp von Bohlen has been examined several times by American military doctors. As far as it is possible I should like to request another complete medical examination. If the accused is unable to appear before the Court, then according to Article 12 of the Charter he could be tried only if the Court deemed it necessary in the interests of justice.

Whatever may be understood by the phrase “in the interests of justice” it would hardly be objective justice to try a defendant accused of such serious crimes, if he were not informed of the contents of the accusations or if he were not given the chance to conduct his own defense or instruct a defense counsel. Particularly is he in no condition to comprehend the following rights of an accused set out in the Charter:

1. By Article 16, Section (a) of the Charter a copy of the Indictment in a language which he understands will be served on the accused at a suitably appointed time. The assurance given hereby for a sufficient preparation of the proceedings can not be guaranteed to Defendant Krupp von Bohlen on account of his state of disease. According to Section (c) of the same Article 16 a preliminary interrogation of the defendant shall take place in a language intelligible to him. That is likewise impossible here. According to Section (d) of Article 16 the defendant moreover can not exercise his right of decision as to whether he will conduct his own defense or whether he would like to be defended by counsel. Also the right of the defendant as provided in Section (c) of producing evidence and of cross examining witnesses himself or by his counsel in his behalf can not be exercised by the defendant in view of his condition.

2. In the same manner as the Defendant Gustav Krupp von Bohlen und Halbach is not able to exercise the confirmed rights stated above in the preliminary proceedings he will also not be able to exercise in the Trial those rights guaranteed to him by Article 24 of the Charter. In the first place this concerns the statement which the accused has to render on inquiry as to whether he admits his guilt or not, a statement which is of particular importance for the course of the Trial and for the decision of the Tribunal. This is all the more important as this statement regarding guilt or innocence can be made exclusively by the accused himself according to his own judgment and after examining his conscience. So far as the procedure is admissible at all, the defense counsel could not at the request of the Court express himself on the question of guilt, as such a declaration presupposes the possibility of communication and understanding with the accused.

Also the defendant could not exercise the right to the last word to which he is entitled according to Article 24, Section (j).

The legislators who set up these guarantees for the defense cannot wish to deny them undeservedly to an accused who can not make use of them owing to illness. If by Article 12 of the Charter the Trial of an absent defendant is allowed, then this exception to the rule can be applied only to a defendant who is unwilling to appear though able to do so. As is the case with the criminal procedure rules of nearly all countries, it is on this principle that the rules and regulations concerning the trial of absent defendants are based.

/s/ KLEFISCH
Lawyer

Medical Certificates Attached to Motion
on Behalf of Defendant
Gustav Krupp von Bohlen
(Attachment I)
_Doctor’s Certificate_

Dr. Gustav Krupp von Bohlen und Halbach, born 7 August 1870, presently residing at Posthaus Blühbach, Werfen, Salzburg, suffers from progressive arteriosclerotic softening of the brain (Paralysis celebri) and as a consequence of this illness he requires constant care and treatment. He is incapable of standing trial or of being subjected to interrogation. An improvement of his condition is not to be expected. Owing to his bad general physical condition (Myodegeneratio cordis and Ataxis) he is not capable of traveling either.

/s/ KARL GERSDORF, M. D.
District Doctor
Werfen, Salzburg
Certified Court Expert

Werfen, 8 September 1945
(Attachment II)

Attachment II is a medical certificate by Dr. Otto Gerke, printed on page 120 ante.

REPORT OF MEDICAL COMMISSION
APPOINTED TO EXAMINE DEFENDANT
GUSTAV KRUPP VON BOHLEN[15]

7 November 1945

We, the undersigned, during the morning of 6 November 1945, examined the patient, identified as Gustav Krupp von Bohlen by the military authorities in charge, in the presence of his wife and nurse.

We unanimously agree that the patient was suffering from: Senile softening of the brain, selectively affecting the frontal lobes of the cerebral cortex and the corpus striatum, due to vascular degeneration.

It is our unanimous, considered, professional opinion that the mental condition of the patient, Gustav Krupp von Bohlen, is such that he is incapable of understanding court procedure, and of understanding or cooperating in interrogation.

The physical state of the patient is such that he cannot be moved without endangering his life.

We are of the considered opinion that his condition is unlikely to improve, but rather to deteriorate even further.

Therefore, we unanimously believe that he will never be fit, mentally or physically, to appear before the International Military Tribunal.

/s/ R. E. TUNBRIDGE
Brigadier, O.B.E., M.D., M.Sc., F.R.C.P.
Consulting Physician, British Army of the Rhine
/s/ RENE PIEDELIEVRE
M.D., Professor of the Paris Faculty of Medicine;
Expert of the Tribunal
/s/ NICOLAS KURSHAKOV
Professor of Medicine, Medical Institute of Moscow
Chief Internist, Commissariat of Public Health, U.S.S.R.
/s/ EUGENE SEPP
Emeritus Professor of Neurology, Medical Institute of Moscow
Member, Academy of Medical Sciences, U.S.S.R.
/s/ EUGENE KRASNUSHKIN
M. D., Professor of Psychiatry, Medical Institute of Moscow
/s/ BERTRAM SCHAFFNER
Major, Medical Corps
Neuropsychiatrist, Army of the United States

-----

[15] At a meeting of the International Military Tribunal on 30 October 1945, “it was agreed that a committee of four medical officers, one appointed by each Member of the Tribunal, be sent, if the Committee of Prosecutors made no objection, to examine Krupp and that they be empowered to employ specialists if necessary.” The report of this Medical Commission was presented 7 November 1945.

Report of the Medical Examination of
Herr Gustav Krupp von Bohlen

1. History: The following information was obtained by questioning Frau Krupp von Bohlen, wife of the patient, Herr Krupp’s valet, and Frl. Krone, private secretary of the patient.

The patient had been physically a very active man. He hunted,
rode and played tennis. With the aid of guides, he was hunting
deer as recently as 1943. He was abstemious in his personal
habits, did not smoke or partake of alcohol. He retired to bed
early, rarely remaining up after 2200 hours. He had eight
children, six sons and two daughters. There is no family history
of mental disorder or of drug addiction.

Previous Illness: There is no history of any major illness.
Since 1930, he has taken spa treatment each year for arthritis
of the spine and for hypotension. No radiographs were available
to indicate the true pathology of the spinal condition. The
valet stated that the patient, on the recommendation of his
physicians, had been very careful with his diet during the past
ten years.

Present Illness: For several years, the patient had been subject
to giddy attacks. In consequence, his wife was always anxious
when he went hunting, lest he should have an attack whilst on
the edge of a cliff, and fall and kill himself. Two reliable
guides always accompanied him on his hunting excursions, and in
1942 Frau Krupp also joined in expeditions in order to watch
him.

Four years ago, the patient had a disturbance of vision
primarily due to dysfunction of the eye muscles. For a period he
had double vision. From this illness, he made an apparent
complete recovery.

Two years ago he had a stroke, with weakness of the left side of
the face, and impaired function of the right side of the body.
Following the latter incident, impairment of gait, general
weakness, and impairment of mental functions became increasingly
apparent. From the middle of 1944 onwards, the patient became
more and more dependent upon his wife; she was the only person
who seemed to understand fully his speech and his needs.

On November 25th, 1944, he was proceeding from the garden
towards the house, and suddenly seemed to run (propulsion gait).
Just before reaching the house, he fell and injured his arm. As
a result of this accident, he attended the local hospital for
treatment, traveling by motor-car. On December 4th, whilst
traveling to the hospital at Schwarzach-St. Veith, and asleep in
the back of the car, the driver was compelled to swerve to avoid
another vehicle, and to brake suddenly. Herr Krupp von Bohlen
was thrown forward, and hit his forehead and the bridge of the
nose against a metal rail behind the driver’s seat. He did not
lose consciousness, but his condition was such that he was
detained in the hospital for approximately eight weeks. During
his stay in the hospital, he recognized his wife, his relatives
and the members of his staff, and spoke to them, albeit
haltingly.

Since the accident mentioned above, the general condition of the
patient has deteriorated rapidly. The members of his staff had
increasing difficulty in understanding him. At first, with the
aid of two people, he was able to walk a few steps; until two
months ago he sat for short periods in a chair. The assistance
of men-servants was necessary for this task. He has been
incontinent of feces and urine since returning from the hospital
in February 1945. Since this date he has only spoken an
occasional single word, the words being simple ones and without
any rational association, apart from sporadic expletives, such
as “Ach, Gott” and “Donner Wetter”, when disturbed. At times he
has been exceedingly irritable and on occasions has had
inexplicable bouts of weeping. During the past two months, he
has become increasingly apathetic, and no longer recognized
relatives or friends. Frau Von Bohlen thinks he may still
recognize her as a familiar face, but he exhibits no emotional
reaction to her presence. She thinks he realizes occasionally
that strangers are in the room; e. g., members of the Allied
services, and responds by being very tense.

Frl. Krone, secretary to the patient, stated that on returning
to Blühbach in September 1944, after an absence since May 1944,
she could no longer take down letters as dictated by Krupp von
Bohlen. Normally he was a very punctilious man, and his diction
and writing were correct and very precise. She stated that after
September 1944 there were frequent interruptions in his flow of
ideas, his syntax was faulty, and he occasionally did not appear
to appreciate the meaning of certain words. She would get an
idea of what he wanted to say, and then wrote the letter herself
in accordance with what she understood to be his wishes. His
handwriting also became increasingly illegible, and he had
difficulty in signing his name when giving power of attorney to
his relatives in January 1945.

The valet had been personal valet to Krupp for 20 years, and
traveled all over the world with him. He described his master as
a very active man, physically and mentally, extremely
punctilious in all personal details. He took a great interest in
his clothes, and was very observant of any slight defect. In his
personal habits he was abstemious, never taking alcohol, and was
also a non-smoker. Although a very excellent sportsman and
physically capable of considerable feats of endurance when
hunting, playing tennis or climbing, he never overdid things and
took care of himself without in any way being overanxious about
his health. The valet first began to notice serious changes in
the patient’s personal habits two years ago, although in the
valet’s opinion, he had been failing slightly for about four to
five years. The degree of change, however, prior to two years
ago, was so slight and his master was in his opinion such a
“superman”, that the changes would not have been apparent to the
casual observer. Two years ago he began to lose interest in the
details of his personal clothing and to become careless with his
table manners. For instance, when soup was served to him one
day, he took his soup-spoon and used it to take water from his
wine-glass. Latterly, he would sit at table and ask who was
present, although the only people in the room were intimate
members of his family. He would complain that the telephone bell
was ringing, and of people speaking to him; these hallucinations
became more frequent during the latter part of 1944. The valet
was employed as caretaker of the main house by the American
Military Government after the cessation of hostilities in
Europe, and did not see his employer regularly after June 1945.
On August 7, 1945, the occasion of Gustav Krupp von Bohlen’s
birthday, he called to pay his respects, and for the first time
he was not recognized, and his master showed no appreciation of
his presence or his conversation.

2. General Appearance: The patient was lying rigidly in bed in a Parkinsonian position with fine tremors of the jaw and hands. The skin was atrophic and dry, and there was pigmentation of the dorsum of the hands. The temporal arteries were prominent and tortuous. The face was masklike, with dilated venules over the cheeks. There was evidence of considerable wasting of the body tissues, especially in the extremities, which also showed evidence of trophic and acrocyanotic changes.

3. Neuropsychiatric Examination: The patient lay in bed with a masklike face and in a fixed position on his back. The legs were partially flexed, and similarly the elbows, the latter being pressed firmly against the trunk. There was generalized muscular rigidity, due to hypertenus of an extra-pyramidal tract lesion.

On the physicians’ entering the room, the patient fixed his gaze
on them, and replied to their greeting with “Guten Tag,” and
gave his hand when they offered theirs to him. He shook hands
normally, but he could not relax his hold or remove his hand,
and continued to squeeze the physician’s hand; this was due to
the presence of a forced grasp-reflex, which was more marked in
the left than in the right hand. When asked how he felt, he
replied “Gut,” but to all further questions he gave no reply at
all. He was silent and showed no reaction to, or comprehension
of, other questions, and simple commands, such as “Open your
mouth,” “Put out your tongue,” “Look this way.” Only painful and
disagreeable stimuli produced any reaction, and then it was
merely a facial expression of discontent, sometimes accompanied
by grunts of disapproval.

The disturbance of verbal response was not due to dysarthria,
because the patient was able to pronounce such words as he did
use, quite distinctly. Neither was it due to motor aphasia,
because the few words he used were used correctly, and he never
exhibited the jargon responses of the true aphasic when
attempting to answer questions.

The patient was indifferent, apathetic, and was not in good
rapport with the external world, lacked initiative, exhibited
paucity of emotion. He uttered no spontaneous speech, and his
reaction to painful stimuli was primitive.

Neurological examination showed the following additional
abnormal findings: There was a right facial weakness of a
supranuclear origin. The pupils reacted promptly to light, and
appeared normal, save that the left was slightly larger than the
right. Ophthalmoscopic examination of the fundi, limited by lack
of cooperation from the patient, showed clear media and normal
retina and retinal vessels. The right disc, the only one
visualized, appeared normal. Extra-ocular movements could not be
tested; there was no obvious strabismus. All deep reflexes in
the arms and legs were present and very brisk. Clonus was not
elicited. The plantar reflexes were flexor. Abdominal reflexes
were absent, except for the right upper. There was incontinence
of urine and feces, of the type associated with senile dementia.
There was an associated minimal degree of intertrigo. Owing to
lack of cooperation of the patient a full sensory examination
could not be made, but the patient responded to pin-prick, deep
pressure and muscular movement throughout the body.

4. Cardio-vascular Examination:

Pulse: Rate 100, rhythm irregular. The irregularity was due to
extra-systoles. The radial arteries were just palpable, without
evidence of pathological thickening or tortuosity. Blood
pressure: systolic 130 mm. of mercury, diastolic 80 mm. of
mercury.

Heart: The heart was clinically not enlarged. The cardiac sounds
were feeble, there was no accentuation of the second sound in
the aortic area, nor were any cardiac murmurs audible. There
were no vascular changes observable in the vessels of the fundi.
There was no evidence of cedema or of congestive heart failure.

5. Respiratory Examination: Chest movement satisfactory. There was no impairment of percussion noted. Auscultation revealed no impairment of air entry, no alteration in the breath sounds, and the absence of any adventitious sounds.

6. Alimentary-renal Examination: There was slight distention of the abdomen, due to increase in the gaseous content of the intestines. There was no evidence of ascites. The spleen was not palpable, nor was there any evidence of glandular enlargement. The liver was just palpable, one finger’s breadth below the right costal margin, but there was no evidence of enlargement upwards. Urinalysis: no sugar or albumen present.

7. Skeletal Examination: The patient’s rigidity limited the examination of joints. There was limitation of movement of the neck due to muscular hypertonus. The hypertonus was so marked in the lower dorsal and lumbar region as to produce rigidity of the spine. Attempts to move the joints passively stimulated involuntary contractures of the muscles. There was evidence of crepitus in both knee-joints.

DISCUSSION:

The clinical record presented by this patient is that of an
organic cerebral disorder, with predominant involvement of the
frontal lobes and basal ganglia. The mental disintegration of
the patient renders him incapable of comprehending his
environment, and of reacting normally to it. He remains
uniformly apathetic and disinterested, intellectually retarded
to a very marked degree, and shows no evidence of spontaneous
activity.

The above findings are such as are found in the degenerative
changes associated with senility. The findings in the visceral
organs are likewise compatible with the diagnosis of senile
degeneration.

The clinical course, from the evidence obtained, has been that
of a gradual decline over a period of years, with more rapid
deterioration during the past year. Such deterioration will
continue, and would be rapidly accelerated, with immediate
danger to the patient’s life, were he to be moved from his
present location.

DIAGNOSIS:

Senile degeneration of the brain tissues, selectively affecting
the frontal lobes of the cerebral cortex and the basal ganglia,
with associated senile degeneration of the visceral organs.

/s/ R. E. TUNBRIDGE
Brigadier, O.B.E., M.D., M.Sc., F.R.C.P.,
Consulting Physician, British Army of the
Rhine

/s/ RENE PIEDELIEVRE
M.D., Professor of the Paris Faculty of
Medicine, Expert of the Tribunal

/s/ NICOLAS KURSHAKOV
M.D., Professor of Medicine, Medical
Institute of Moscow, Chief Internist,
Commissariat of Public Health U.S.S.R.

/s/ EUGENE SEPP
M.D., Emeritus Professor of Neurology,
Medical Inst, of Moscow; Member, Academy of
Medical Sciences, U.S.S.R.

/s/ EUGENE KRASNUSHKIN
M.D., Professor of Psychiatry, Medical
Institute of Moscow.

/s/ BERTRAM SCHAFFNER
Major, Medical Corps, Neuropsychiatrist, Army
of the United States

ANSWER OF THE UNITED STATES PROSECUTION
TO THE MOTION ON BEHALF OF DEFENDANT
GUSTAV KRUPP VON BOHLEN

INTERNATIONAL MILITARY TRIBUNAL

THE UNITED STATES OF AMERICA, THE FRENCH REPUBLIC, THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, and THE UNION OF SOVIET SOCIALIST REPUBLICS

— against —

HERMANN WILHELM GÖRING, et al.,

Defendants.
ANSWER FOR THE UNITED STATES TO THE MOTION FILED IN BEHALF OF KRUPP VON
BOHLEN

The United States respectfully opposes the application on behalf of Gustav Krupp von Bohlen und Halbach that his trial be “deferred until he is again fit for trial.”

If the Tribunal should grant this application, the practical effect would be to quash all proceedings, for all time, against Krupp von Bohlen.

It appears that Krupp should not be arrested and brought to the court room for trial. But the plea is that the Tribunal also excuse him from being tried in absentia. This form of trial admittedly is authorized by Article 12 of the Charter of the Tribunal. Of course, trial in absentia in circumstance of the case is an unsatisfactory proceeding either for prosecution or for defense. But the request that Krupp von Bohlen be neither brought to court nor tried in his absence is based on the contention that “the interests of justice” require that he be thus excused from any form of trial. Public interests, which transcend all private considerations, require that Krupp von Bohlen shall not be dismissed unless some other representative of the Krupp armament and munitions interests be substituted. These public interests are as follows:

Four generations of the Krupp family have owned and operated the great armament and munitions plants which have been the chief source of Germany’s war supplies. For over 130 years this family has been the focus, the symbol, and the beneficiary of the most sinister forces engaged in menacing the peace of Europe. During the period between the two World Wars, the management of these enterprises was chiefly in Defendant Krupp von Bohlen. It was at all times however a Krupp family enterprise. Only a nominal owner himself, Von Bohlen’s wife, Bertha Krupp, owned the bulk of the stock. About 1937 their son, Alfried Krupp, became plant manager and was actively associated in the policy making and executive management thereafter. In 1940 Krupp von Bohlen, getting on in years, became chairman of the board of the concern, thus making way for Alfried who became president. In 1943 Alfried became sole owner of the Krupp enterprises by agreement between the family and the Nazi Government, for the purpose of perpetuating this business in Krupp family control. It is evident that the future menace of this concern lies in continuance of the tradition under Alfried, now reported to be an internee of the British Army of the Rhine.

To drop Krupp von Bohlen from this case without substitution of Alfried, drops from the case the entire Krupp family, and defeats any effective judgment against the German armament makers. Whether this would be “in the interests of justice” will appear from the following recital of only the most significant items of evidence now in possession of the United States as to the activities of Krupp von Bohlen in which his son, Alfried, at all times aided as did other associates in the vast armament enterprises, all plotting to bring about the second World War, and to aid in its ruthless and illegal conduct.

After the first World War, the Krupp family and their associates failed to comply with Germany’s disarmament agreements but all secretly and knowingly conspired to evade them.

In the 1 March 1940 issue of the Krupp Magazine, the Defendant Krupp stated:

“I wanted and had to maintain Krupp in spite of all opposition,
as an armament plant for the later future, even if in
camouflaged form. I could only speak in the smallest, most
intimate circles, about the real reasons which made me undertake
the changeover of the plants for certain lines of production
. . . . Even the Allied snoop commissioners were duped . . . .
After the accession to power of Adolf Hitler, I had the
satisfaction of reporting to the Führer that Krupp stood ready,
after a short warming-up period, to begin rearmament of the
German people without any gaps of experience . . . .”

Krupp von Bohlen (and Alfried Krupp as well) lent his name, prestige and financial support to bring the Nazi Party, with an avowed program of renewing the war, into power over the German State. On 25 April 1931 Von Bohlen acted as chairman of the Association of German Industry to bring it into line with Nazi policies. On 30 May 1933 he wrote to Schacht that:

“It is proposed to initiate a collection in the most
far-reaching circles of German industry, including agriculture
and the banking world, which is to be put at the disposal of the
Führer of the NSDAP in the name of ‘The Hitler Fund’ . . . . I
have accepted the chairmanship of the management council.”

Krupp contributed from the treasury of the main Krupp company 4,738,446 marks to the Nazi Party fund. In June 1935 he contributed 100,000 marks to the Nazi Party out of his personal account.

The Nazi Party did not succeed in obtaining control of Germany until it obtained support of the industrial interests, largely through the influence of Krupp. Alfried first became a Nazi Party member and later Von Bohlen did also. The Krupp influence was powerful in promoting the Nazi plan to incite aggressive warfare in Europe.