27 Nov. 45

We have a copy of the German publication known as Das Archiv--the number of March 1935; and it is Page 1830 to which I refer, and I would offer that in evidence, identifying it as our number 2292-PS; I offer it as Exhibit USA-52. It is an announcement concerning the German Air Force:

"The Reich Minister for Aviation, General of the Airmen, Göring, in his talk with the special correspondent of the Daily Mail, Ward Price, expressed himself on the subject of the German Air Force.

"General Göring said:

"In the extension of our national defenses'"--Sicherheit-- "'it was necessary, as we repeatedly told the world, to take care of defense in the air. As far as that is concerned, I restricted myself to those measures absolutely necessary. The guiding line of my actions was, not the creation of an aggressive force which would threaten other nations, but merely the completion of a military aviation which would be strong enough to repel, at any time, attacks on Germany."'

Then, at the end of that section of the article in Das Archiv:

"In conclusion, the correspondent asks whether the German Air Force will be capable of repelling attacks on Germany. General Göring replied to that exactly as follows:

"'The German Air Force is just as passionately permeated with the will to defend the Fatherland to the last as it is convinced, on the other hand, that it will never be employed to threaten the peace of other nations.' "

As I said, I believe, this morning, when we cite assurances of that kind from Nazi leaders, we take it that we are not foreclosed from showing that they had different intentions from those announced.

The next allegation of the Indictment is the promulgating of the law for compulsory military service, universal military service.

Having gone as far as they could on rearmament and the secret training of personnel, the next step necessary to the program for aggressive war was a large-scale increase in military strength. This could no longer be done under disguise and camouflage, and would have to be known to the world. Accordingly, on 16 March 1935, there was promulgated a law for universal military service, in violation of Article 173 of the Versailles Treaty.

I ask the Court to take judicial notice of that law as it appears in the Reichspesetzblatt, which is the official compilation of laws, in the Title I of Volume I, yearly volume 1935, or Jahrgang, at