Read Ebook: Trial of the Major War Criminals Before the International Military Tribunal Nuremburg 14 November 1945-1 October 1946 Volume 11 by Various
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SIR DAVID MAXWELL-FYFE: Yes, but you agree, as I understand your evidence, that General Von Graevenitz did make a protest about the action that was taken, is not that so?
KEITEL: Yes, he did so.
SIR DAVID MAXWELL-FYFE: And then when he made the protest did you say words to this effect? I am reading of course from General Westhoff's statement, "I do not care a damn. We discussed it in the F?hrer's presence, and it cannot be altered." Did you say words to that effect?
KEITEL: No, it was not like that, but I do believe I said something similar.
SIR DAVID MAXWELL-FYFE: Similar?
KEITEL: But we are not concerned with...
SIR DAVID MAXWELL-FYFE: Similar, to that effect?
KEITEL: I said something similar.
SIR DAVID MAXWELL-FYFE: And after that did you say that your organization, the Kriegsgefangenenwesen, were to publish a notice in the prison camps where prisoners of war are held, telling all prisoners of war what action had been taken in this case, in order that it would be deterrent to other escapes?
Did you instruct these generals, your heads of the Prisoners of War Organization, to publish a notice in the camps saying what action had been taken in order to act as a deterrent?
KEITEL: I gave this due consideration while reading a report by the British Government and I came to the conclusion that there must be some confusion as to when I gave these instructions. I am sure I did not do so at this conference. That was later, several days later.
SIR DAVID MAXWELL-FYFE: Well, you will find it is stated in the statement of General Westhoff that we put in, at the bottom of Page 3. General Westhoff says:
"The Field Marshal gave us detailed instructions to publish a list at the camps, giving the names of those shot as a warning. That was done. That was a direct order that we could not disobey."
And in the statement which your counsel has put in, General Westhoff says:
"This must stop. We cannot allow this to happen again. The officers who have escaped will be shot. I must inform you that most of them are already dead and you will publish a notice in the prison camps where prisoners of war are held telling all prisoners of war what action has been taken in this case in order that it will be a deterrent to other escapes."
KEITEL: May I make a statement to this?
DR. OTTO NELTE : The British Prosecutor is referring to a document which I submitted in my document book. I assume that is correct. And it is a document which the French Prosecution wanted to submit and to which I objected, since it is a compilation of interrogations which Colonel Williams prepared. I submitted this document so as to furnish proof at the hearing of General Westhoff that this document does not agree in 23 points with the testimony given by him. He has given me the necessary information. But he will first be in the witness box tomorrow. I therefore ask, if the British Prosecutor appeals to the Witness Westhoff, to produce at least his statement which he made under oath at the request of the American prosecutor Colonel Williams. This affidavit up to now has not been produced, whereas all other pieces of evidence from him contain only reports which have never been submitted to Westhoff for his signature, or for his acknowledgement, nor have been confirmed by his oath.
SIR DAVID MAXWELL-FYFE: My point was to make quite clear that I was not putting anything in from the first statement which was not contained in the defendant's document book. I thought that the complaint would be the other way, that if I took our own evidence alone that then it would be said that it is slightly different, for the difference is immaterial from the documents submitted in the defendant's document book. I have carefully collated them both. There is practically no difference between them but I thought it was only fair to put both sets of words.
THE PRESIDENT : The Tribunal thinks the cross-examination is perfectly proper. Of course if Dr. Nelte does call General Westhoff as a witness, he will be able to get from him any corrections which General Westhoff thinks are necessary, which he makes to the affidavit.
SIR DAVID MAXWELL-FYFE: Yes, My Lord.
Now, what I want to know is: Did you give orders to General Von Graevenitz and General Westhoff that it was to be published in the camps as to what measures had been taken with regard to these officers?
KEITEL: Yes, but several days later; not on the same day that these officers were with me.
SIR DAVID MAXWELL-FYFE: How long later?
KEITEL: I believe 3 or 4 days later, but I can no longer tell you exactly; in any event, not before I found out that shootings had taken place.
SIR DAVID MAXWELL-FYFE: Well, 3 or 4 days later would be just when the shootings were beginning, but what was published? What did you say was to be published as to the measures that had been taken?
KEITEL: In the camp a warning was to be published. In my opinion, we were not to mention shootings but only warn that those caught in flight would not be returned to the camp. I cannot remember the exact wording. It was traceable to an order which I had received from the F?hrer resulting from a conference I had with him on the matter of shootings.
SIR DAVID MAXWELL-FYFE: Well, is this a fair way to put your recollection of the order: That it was probable, according to your recollection, that those who attempted to escape would be handed over to the SD and, certainly, that very severe measures would be taken? Is that a fair way of putting your recollection of the order?
KEITEL: My recollection is that a warning, that is a threat, was to be published to the effect that those who attempted to escape would not be returned to the camp. That was the contents of this publication, according to my recollection, which I then forwarded. I myself did not word it. Besides, only the administration of the camp, or rather the Luftwaffe were to be notified.
SIR DAVID MAXWELL-FYFE: Now, General Westhoff was not content with an oral order and came back to you with a draft order in writing, did he not?
KEITEL: I do not believe that he came to me. I believe he sent me this.
SIR DAVID MAXWELL-FYFE: I am sorry, but when I said "came back to you," I was talking generally; you are quite right that he passed on for your consideration a draft order in writing for you to approve; that is right, isn't it?
KEITEL: I do not believe that it was an order; but as far as I remember it was just a memorandum, a note. However, I must add that I was first reminded of this matter in the course of the interrogation by Colonel Williams.
SIR DAVID MAXWELL-FYFE: Well, what General Westhoff says, is:
"Contrary to Feldmarschall Keitel's order, I pretended that I had not understood properly. I worked the thing out on paper. I said to Oberstleutnant Krafft, 'I want to have the word "shoot" included, so that Keitel can see it in writing. He may adopt a different attitude then.'"
Now, this is a bit later:
"When I got the thing back, he had written the following in the margin: 'I did not definitely say "shoot"; I said "hand over to the police or hand to the Gestapo."'"
Then adds General Westhoff:
"So, that was a partial climb down."
Now, did you put a note on it: "I did not definitely say 'shoot'; I said 'hand over to the police or hand over to the Gestapo.'" Did you?
KEITEL: I cannot remember the exact wording of the note--as little as General Westhoff. But I did make a notation in the margin to the effect: "I did not say 'shoot'..."
SIR DAVID MAXWELL-FYFE: You see the point that I'm putting to you, Defendant? I want you to have it perfectly clear. Rightly or wrongly, General Westhoff believed that you had inserted the word "shoot"; and General Westhoff, to protect himself, put it back to you; and then you say, "I did not definitely say 'shoot'; I said 'hand over to the SD or the Gestapo.'"
KEITEL: No, I did not say "shoot" either, but Colonel Williams said I had written in the margin, "I did not say 'shoot.'" That is on record in the minutes of my interrogation.
SIR DAVID MAXWELL-FYFE: Well, now, what I want to know--and it is perfectly clear--is, do you deny that that in substance represents what you put in the document: "I did not definitely say 'shoot'; I said, 'hand over to the police or hand over to the Gestapo'"? Did you put words to that effect on the document?
KEITEL: It is probable that I wrote something similar to that for I wanted to make clear what I had said to those two officers. What I said was nothing new, but it was a clarification of what I had said.
SIR DAVID MAXWELL-FYFE: Now, the next point that I want to direct your attention to: Had you an officer on your staff called Oberst Von Reurmont, on your PW staff, Kriegsgefangenenwesen?
KEITEL: No, he was never on my staff.
SIR DAVID MAXWELL-FYFE: What was his position in the OKW?
KEITEL: I believe there was a Colonel Reurmont. He was a department chief and had nothing to do with the prisoner-of-war system; he was department chief in the general Wehrmacht office.
SIR DAVID MAXWELL-FYFE: In your office.
KEITEL: In the office, in the general Wehrmacht office under General Reinecke, yes.
SIR DAVID MAXWELL-FYFE: Do you know that on 27 March, that is on a Monday, there was a meeting, in which Colonel Von Reurmont took the chair, attended by Gruppenf?hrer M?ller from the Gestapo, Gruppenf?hrer Nebe, and Colonel Wilde from the Air Ministry, from their PW inspector of 17; do you know that?
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