Partial translation of document 3751-PS

                                                           27th May 1935

        DIARY OF THE GERMAN MINISTER OF JUSTICE, 1935

(Page 174)

1. Prosecuting Authorities in Waldeshut, Baden (15.5.) Criminal
proceedings against the Catholic vicar Paul Wasmer. Is submitted with
the request that it be discussed, whether a penal sentence should be
proposed by Rosenberg because of libel.

In a sermon the accused cited the last verse of a song which is being
sung by young people and against which Bishop Bares has taken exception
in his official paper dated 10/2/35. The text is as follows:

     “Pope and rabbi shall yield,
     We want to be pagans again
     No longer creep into the churches.
     The orb of the sun alone is leading us.
     Out with the Jews, and with the pope from the German home.”

In addition the accused quoted from page 8 of “Blut und Ehre", the
little book of songs published by Baldur von Schirach, a verse with the
following text:

     “We want to complain to the Lord in heaven, Kyrieleis!
     That we want to kill the priest, Kyrieleis!
     Out with your spear, forward,
     Set the red cock on the cloister roof!”
     (Set the cloister roof on fire)

Furthermore the accused quoted a saying of Baldur v. Schirach's: “The
path of German youth is Rosenberg.”

(Page 192)

4. The Archbishop of Paderborn reported on 6th June regarding incidents
on 12th May with the request that steps be taken to see that similar
things did not occur again in the future.

On the 12th May the Archbishop of Paderborn was to hold a confirmation.
On the 10th May a Hitler Youth Fuehrer conference took place. at which a
secret order was issued, according to which the Hitler Youth were to
attend at specified places in Hamm in uniform clothing (not Service
dress). On Sunday, the 12th May, the Hitler Youth appeared in uniform
clothing at the big parade ground. There the song about the foreign
exchange racketeer [Devisenschieberlied] was practiced:

     “When we were foreign exchange racketeers, there were the three of
     us, a Father and two monks, they were foreign exchange racketeers,
     there was a nun with them

     “And when they continued racketeering, then there were only two,
     one was in jail, they nabbed him, then the fun was over.

     “Then she whispered softly, now it is your turn my friend, now you
     come with your
     close-cropped hair, looking like an A … with ears, to answer the
     heavenly roll-call.”

Bannfuehrer Grothet then made a speech.

Scattered over the railway station and the square in front according to
plan.

On the appearance of the Archbishop a civilian gave three cheers for the
beloved Lord Bishop.

When the Archbishop wanted to get into his car, the Hitler Youth try to
prevent him, calls of “down with the foreign exchange racketeer” and so
on. Hitler Youths rush after the car and try to overturn it. A few
youths jump on to the running board of the car and when they are
prevented from so doing, push their way forward brandishing their
daggers of honour. A Hitler Youth tries to spit into the car. Passers-by
who urge them to stop, are abused and beaten. A woman civilian has to be
carried away from the square. When the Archbishop arrives at the church
the Hitler Youth roar “Throw the black fellow down the stairs". During
the sermon, the Hitler Youth continue the uproar, often banging against
the church door so that the service is greatly disturbed. Finally the
emergency squad restored order. On that day alone there were 7 Hitler
Youth leaders from outside present in Hamm. They were in civilian
clothes.

                           *******
(Page 215)

The General Public Prosecutor in Stuttgart submits a report by the
prosecuting authorities in Stuttgart concerning the case in Schorndorf
against Paul Roos and accomplices charged with intimidation. The victim
had refused to have “Der Stuermer” displayed in a display case at his
house, and at the same time described the “Stuermer” as a vulgar
newspaper which the Fuehrer had already repeatedly banned. Thereupon a
demonstration was staged against him in which the defendant,
Sturmfuehrer Roos, as well as SA-reserves in civilian clothing and
Hitler Youth with a band of musicians in uniform, took part. The

                                                              [Page 638]

injured party was forced to march through the city behind the band, and
recitation in unison of anti-Jewish sentiments were staged. The incident
is said to have created quite a stir in Schorndorf.

(Page 228)

9. The Prosecuting Authority, Bamberg reports regarding criminal
proceedings against Chaplain Heinrich Mueller and the town clergyman
Franz Ruemmer concerning an ofrense against the Law of 20.12.34. The
accused have stated, in a circle of Catholic clergy, that the following
song was sung by the Hitler Youth at the Party Rally 1934:

     “We are the happy Hitler Youth
     We need no Christian virtues,
     For our Fuehrer Adolf Hitler Is always our mediator.

     “No parson, no evil man can prevent us
     From feeling ourselves to be Hitler children,
     We do not follow Christ but Horst Wessel,
     Away with incense and holy water vessels.

     “We follow our flags singing
     As worthy sons of our ancestors,
     I am no Christian, no Catholic,
     I go with the SA through thick and thin.

     “I can do without the Church,
     The Swastika is redemption on earth,
     I will (log its steps,
     Baldur von Schirach, take me with you!”

The prosecuting authority would like to bring [crossed out in ink at
least] the one accused to trial, but considers it possible that the
Court may consider the statement by the Pol. Dir. Nurnberg, that the
song was unknown to all Hitler Jugend Units in Upper and Central
Franconia as insufficient evidence and would therefore result in an
acquittal.

The General Prosecuting Authority notes that there is no doubt that the
song in question was sung or circulated in the Hitler Youth circles, but
he thinks that the statement that the song was sung at the Party Rally,
i.e. to a certain extent under the eyes and with the consent of the
highest Party officials, can be disproved.

(Page 241)

Chief Public Prosecutor (OSTA) Magdeburg reports in a report to the
Central Public Prosecutor’s Office (subsequently forwarded

                                                              [Page 639]

to me) concerning a demonstration in front of the house of a member of
the “Stahlhelm” by the name of Sonntag in Warsleben. District (Kr.)
Neuhaldenslebe on Saturday, 6 July, about 2100. The cause for this
statement which Sonntag is said to have made a few days earlier ath
Landwehi. Social Gathering, to wit: “I was and still am faithful to the.
Kaiser. Not Hitler but quite other forces rule in Germany …”
Sonntag denies having made this statement. He claims to have declared
that he had been true to the Kaiser and that he had then wanted to
continue that his allegiance now belonged to the Fuehrer. Thereupon, on
6 July, the accused Schuett, is the leader of the party organization
squads [Bereitschaftsleiter der PO] in 16 communities, at a squad
evening of the party organization in Warsleben, together with the
aecused, District Training Leader [Kreisausbildungsleiter] Stueber,
induced the 58 local officers [Amtswalterl to take part in the
demonstration. In addition 17 members of the Hitler Youth organization
who were working in the vicinity as farm helpers were drawn in. Schuett
declared to those present that it was the task of party members to take
part in remedying the existing abuses, and promised the farm helpers in
particular that those who took part in the demonstration would not make
themselves liable to any punishment, and in the case of official
intervention the party organization [PO] would use its influence to
quash the proceedings. Then they assembled in front of the house in
which Sonntag lives, searched it resulting in the usual damage,
threatened Sonntag’s wife, who was then taken into protective custody by
the police sergeant who came upon the scene. Schuett was arrested. The
public prosecutor (StA) calls attention to the fact that, according to
statements of the Kreisleiter, the population of Neuhaldensleben is in
an alarming state of excitement because the Party and the Fuehrer were
constantly being referred to contemptuously, particularly by members of
the Stahlhelm.

The matter has been referred to State Secretary Schlegelberger.

                           *******
(Page 392)

General Public Prosecutor [GenStA] Marienwerder (1.10.) Attack upon a
member of the German Girls' League [BDM-Maedel] named Dux. On 22 August
a report appeared in the Voelkischer Beobachter according to which a
member of the German Girls' League [BDM-Maedell named Dux in
Schneidernueh] was openly assaulted in the street by members of a
Catholic

                                                              [Page 640]

youth group and struck down with a bicycle pump. The girl is said to
have been seriously injured and to have required medical attention. The
same incident led to a large protest demonstration by the Hitler Youth
[HJ] in Schneidemuehl and to a propaganda march by Hitler Youth in the
same place.

[Marginal note to foregoing paragraph: “V. (letter to Goebbels
concerning recent lying reports in the press)"]

At this point the Chief Public Prosecutor [OStAl in Schneidemuehl made a
report concerning results of the inquiry. According to this it was so
dark where the incident took place that the recognition of insignia of
any organization was impossible. The physician who was stated by Dux to
have treated her denied this. The Dux girl finally admitted that she had
not been under medical care. Inspection by the police doctor revealed
that no head wound existed under the dressing covering the Dux girl's
forehead (minute reddened area).

3. Chief Public Prosecutor [OStA j Elbing (27. Sept.)

Legal proceedings due to an assault upon Hitler Youth Scharfuehrer
Schubring.

A report appeared in the Voelkischer Bcobachter of 16 August, under the
heading “Hitler Youth member struck down by members of Catholic youth
groups '.” according to which Sch. was assaulted and struck down in the
most brutal manner. The Chief Public Prosecutor’s report [OStAl
indicates that the statements of Sch. are to be seriously doubted. Sch.
did not see or hear anything of the assaulter. According to medical
testimony the blow did not create an outwardly visible wound or induce
any change at all other than a slight redness round the eyes, so that it
is inexplicable how Sch. could have become unconscious, considering that
he can box.

                         **********
(Page 341)

Chief Public Prosecutor [OStA] in Duisburg (26 August 1935) compare
2825. On 9 July the attempt was made to set free the SA-man and another
intruder, who had been arrested. On the same evening-9 July-a further
clash took place, during which a police official who intervened was
wildly insulted and shoved around by the crowd. He drew his side-arm and
injured a Hitler Youth member. There was no improper conduct on the part
of the police official.

                                                              [Page 641]

on the same evening several window panes were broken in prelate Cupper's
house, by stones being thrown.

An SA-man who had attended the meeting at which Muckerniann spoke was
attacked on his way home.

On the evening of 10 July encounters with the police took place by
reason of the posters which were put up and again removed. 5 police
officials were slightly injured. About 2100 the Catholic Institute was
stormed and its fixtures and furniture destroyed. Police who hurried to
the scene were received with ugly oaths. “You bloodhounds, for shame,
get out of here or we will trample you to death.”

When the Institute was stormed for a second time the police officials
were actually attacked, two of them injured, one by a knife stab in the
face.

About 2300 the Catholic workers' home was visited by large numbers of
people then suddenly deserted as pre-arranged, without payment being
made for the beer, the flags of the Catholic Workers' Association were
taken away, also three sashes, carrying belts, a flag streamer and 10
ashtrays; a chocolate-machine and a bust of St. Joseph were destroyed.

On 10 July another attack on the Catholic Youth Hostel.

The participants for the most part belong to the Hitler Youth. The
evening at home which had been planned was not carried out, as the
Hitler Youth participants are said to have gone out of curiosity to the
scenes of activity. From the fact that the places where the deeds took
place were suddenly filled with a crowd of over 2000 persons, the
impression is created that numerous members of the Hitler Youth were
instructed to assemble at a given time by some office with authority
over the youths who appeared. A 15-year-old Hitler Youth member who
appeared in uniform was sent back to put on civilian clothing.

The ringleaders [Raedelsf uehrer] Schoer, Bettelhaeuser, Schulte,
Schmidt, Hominrich, Schof s, are to be accused of disturbance of the
peace, also Sonneborn, Mehl, Herwig and Suhr. Other cases suspended.

At first considerable disturbance among the citizens of Duisburg, now
considerably more peaceful
atmosphere.

                         ----------

                                                              [Page 642]
(Pages 409-414)
The Reichminister of Justice
Z.F.g.10 1717.34
                                                     Berlin, 14 May 1935
                          Personal

To: The Reich and Prussian Minister of the Interior, Berlin

Subject:: Ill-treatment of Communist Internees by Police Officials
Enclosure: One loose document

My dear Reichminister,

Enclosed you will find copy of a report of the Inspector of the Secret
State Police, dated 28 March 1935.

This report gives me an occasion to state my fundamental attitude toward
the (luestion of the beating of internees. The numerous instances of
ill-treatment which have come to the knowledge of the administration of
justice can be divided into three different causes for such
ill-treatment of prisoners:

1. Beating as a disciplinary punishment [Hausstrafe] in concentration
camps.

2. Ill-treatment, mostly of political internees, in order to make them
talk.

3. Ill-treatment of internees arising out of sheer fun, or for sadistic
motives.

I should like to make the following detailed comments on those three
categories:

About No. 1. In the remand prisons and penal establishments under the
Ministry of Justice, there was no need to introduce corporal punishment
as a disciplinary measure. The experience of the administration of
justice has taught that a well-trained, reliable and conscientious
personnel of wardens is in a position to set up and to maintain model
order under a strict discipline, even without corporal punishment. The
more training and discipline the prison guards have, the less need
exists to introduce corporal punishment as a disciplinary measure.

But if, contrary to this view, one is to suppose that there might be a
need to introduce corporal punishment in concentration camps, it appears
indispensable that this disciplinary measure and the manner of its
application should be determined, uniformly and unambiguously, for the
whole territory of the Reich. It has happened recently that camp orders
of individual concentration camps concerniiig this matter and the use of
weapons, contained unusually severe instructions which were brought to
the knowledge of the internees as a stern warning, while the warden
personnel was administratively informed that these regulations, which
dated mostly from 1933, were no longer applicable.

                                                              [Page 643]

Such a situation is equally dangerous lor ttie warden personnel and for
the internees. It would therefore appear, after the question of imposing
protective custody was generally settled by the competent minister that
in the interests of all concerned, one should urgently and clearly
define responsibility and legal aspect, furthermore that the same
responsible authority would have to settle, by means of camp regulations
*generally applicable, the question of corporal punishment as a
disciplinary measure, which is still unclarified, as well as the
question of the use of arms by, the warden personnel.

About No. 2. I cannot concur with the opinions expressed in the enclosed
letter. The present penal law, which 1 have to enforce, renders liable
to particularly severe penalties those officials guilty of inflicting
ill-treatment in the performance of their duties, especially when such
ill-treatment is used to extort admissions or statements. That these
legal provisions also reflect the will of the Fuehrer and Reich
Chancellor is shown by, the fact that, during the suppression of the
Roehm revolt, the Fuchrer ordered the shooting of three members of the
SS who had ill-treated prisoners in Stettin. That being the legal
situation, it is out of order to grant silently one part of the police
forces permission to extort statements by mean,, of ill-treating
prisoner,,,. Such a measure would destroy the respect for the existing
laws and would thereby lead necessarily to the confusion and
demoralization of the officials concerned.

Furthermore, such statement,., extorted by force are practically without
value if they are supposed to serve as evidence in trials for high
treason. The courts which have jurisdiction in cases of high treason
consider to an ever-increasing degree statements of the defendants made
before the police as worthless and without any evidenciary value for
court decisions. This was the result of their getting convinced in the
course of numerous proceedings that confessions and statements made
before the police were extorted by ill-treatment.

Moreover, I cannot follow the statements contained in the attached
report inasmuch as the beating of Communists held in custody is regarded
as an indispensable police measure for a more effective suppression of
Communist activities. These explanations of the Gestapo office show
precisely that the methods used up to now have not been successful in
combatting the illegal Communist machine or to hinder its development.

Experience shows that such police measures may perhaps partially be
successful but that they never can attain a total suppression and
destruction of an illegal revolutionary organization

                                                              [Page 644]

which alone is of importance in the long run. Behind such revolutionary
organizations there are professional revolutionaries of great experience
and frequently exceptional intelligence. These succeed very soon, by
means of cleverly camouflaging all more important functionaries, in
excluding for all practical purposes the possibility of betrayal as a
result of mistreatment.

About No. 3. The experience of the first revolutionary years has shown
that the persons who are charged to administer the heaJngs generally
lose pretty soon the feeling for the purpose and meaning of their
actions and permit themselves to be governed by personal feelings of
revenge or by sadistic tendencies. As an example, members of the guard
detail of the former concentration camp at Bredow near Stettin
completely stripped a prostitute who had an argument with one of them
and beat her with whips and cowhides in such a fashion that the woman
two months later still showed two open and infected wounds on the right
side of her buttocks, one 17.7 by 21.5 centimeters and the other 12.5 by
16.5 centimeters, as well as a similar wound on the left side of the
buttocks 7.5 by 17 centimeters. In the concentration camp at Kemna near
Wuppertal, prisoners were locked up in a narrow clothing locker and were
then tortured by blowing in cigarette smoke, upsetting the locker, etc.
In some cases the prisoners were given first salt herring to eat, so as
to produce an especially strong and torturing thirst. In the Hohenstein
concentration camp in Saxony, prisoners had to stand under a dripping
apparatus especially constructed for this purpose until the drops of
water which fell down in even intervals caused seriously infected wounds
in their scalps. In a concentration camp in Hamburg four prisoners were
lashed for days-once without interruption for three days and nights,
once five days and nightsto a grating in the form of a cross, being fed
so meagerly with dried bread that they almost died of hunger.

These few examples show such a degree of cruelty which is an insult to
every German sensibility, that it is impossible to consider any
extenuating circumstances.

In conclusion, I should like to present my opinion about these three
points to you, my dear Herr Reichsininister, in your capacity as cabinet
member in charge of the establishment of protective custody and the
camps for protective custody.

1. It seems now absolutely necessary that the competent minister should
decree unified camp regulations for all camps for protective custody,
which shall regulate completely and unmistakably the question of
corporal punishment as disciplinary measure, and the question of use of
weapons by the guards.

                                                              [Page 645]

order, valid for all police authorities, an absolute prohibitlon against
mistreatment of prisoners for the purpose of forcing statements.

3. All mistreatments which are entirely or partly due to personal
reasons must be prosecuted vigorously and punished under close
cooperation of all governmental offices concerned.

                                                            Heil Hitler!
                                                   (signed) Dr. Guertner