3 Dec. 45

Prosecution wishes to introduce his testimony. That would be the only way in which the Defense could have an opportunity of cross-examining the witness and thereby contribute to obtaining objective truth.

[Pause in the proceedings while the Tribunal consulted.]

THE PRESIDENT: The Tribunal upholds the objection and will not hear this affidavit. It is open to either the Prosecution or the defendants, of course, to call the man who made the affidavit. That is all I have to say We have upheld your objection.

MR. ALDERMAN: If the Tribunal please. I had another affidavit by one Alfred Helmut Naujoks which, I take it, will be excluded under this same ruling, and which, therefore, I shall not offer.

THE PRESIDENT: If the circumstances are the same.

MR. ALDERMAN: Yes, I might merely refer to it for identification because it is in your document books.


MR. ALDERMAN: It is Document 3029-PS.

THE PRESIDENT: Very well. That also will be rejected as evidence.

MR. ALDERMAN: Yes. Offensive operations along the Czechoslovakian border were not confined to skirmishes carried out by the Free Corps Two SS-Totenkopf (Deathhead) battalions were operating across the border in Czech territory near Asch.

I quote now from item 36 in the Schmundt file, an OKW most-secret order, signed by Jodl, and dated 28 September. This appears at Page 61 of the Schmundt file:

"Supreme Command of the Armed Forces, Berlin, 26 September 1936; 45 copies, 16th copy; most secret.

"Subject: Four SS-Totenkopf battalions subordinate to the Commander-in-Chief Army.

"To: Reichsführer SS and Chief of the German Police (SS Central Office) (36th copy).

"By order of the Supreme Command of the Armed Forces the following battalions of the SS Deathhead organization will be under the command of the Commander-in-Chief of the Army with immediate effect.

"Second and Third Battalions of the 2d SS-Totenkopf Regiment Brandenburg at present in Brieg (Upper Silesia).

"First and Second Battalion of the 3d SS-Totenkopf Regiment Thuringia, at present in Radebeul and Kötzschenbroda near Dresden.