Wednesday, 19 December 1945

Morning Session

DR. FRITZ SAUTER (Counsel for the Defendant Von Schirach): Mr. President, yesterday a table depicting the construction of the Reich Cabinet, one of the accused organizations, was shown on the screen here. On this chart the Defendant Von Schirach was also listed under the heading, "Other participants in the meetings of the Cabinet." The Defendant Von Schirach has explained to me and asked me to inform the Tribunal that he never took part in any meeting of the Reich Cabinet, that he was never named a member of the Reich Cabinet, and that he never had a part in any decision of the Reich Cabinet.

THE PRESIDENT: The point that you are taking seems to the Tribunal to be premature. This is not the stage at which you are to argue the question whether your client is a member of the Reich Cabinet or not. The argument upon the whole question will take place after the evidence and after the Prosecution have had the opportunity of putting forward their arguments as to the criminal nature of the Reich Cabinet. You or other counsel on behalf of those concerned will be able to put forward your arguments. We do not desire to hear arguments now about the criminal nature, but to hear the evidence. Is that clear?

DR. SAUTER: Yes. I shall then return to this point during the examination of witnesses, and prove that the Defendant Von Schirach was never a member of the Reich Cabinet. Thank you.

COL. STOREY: If the Tribunal please, yesterday afternoon we had just started on the participation of the SA in the first point — the dissemination of ideology or propaganda. In an article which appeared in Der SA-Mann, at Page 1 of the issue of January 1934, which is Document 3050-PS; and I refer to Page 25 of the English translation, if Your Honor pleases, the portion shown in red brackets — it is dated the 6th of January 1934:
"The new Germany would not have been without the SA man; and the new Germany would not go on existing if the SA man would now, with the feeling of having fulfilled his duty, quietly, unselfishly, and modestly step aside, or if the new State would send him home much like the Moor who has done his duty. On the contrary, the SA man, following the