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Transcript of Proceedings before the Military Commission to Try Persons Charged
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July 8 to July 31, 1942
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Minneapolis: University of Minnesota, 2004
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Cover Sheet
STENOGRAPHIC TRANSCRIPT OF PROCEEDINGS
Before the
MILITARY COMMISION TO TRY PERSONS
CHARGED WITH
OFFENSES AGAINST THE LAW OF WAR AND
THE
ARTICLES OF WAR
_________________
Washington, D.C.
Friday, July 10, 1942
Session III
Pages
293-457
293
CONTENTS
Friday, July 10, 1942
Name
of Witness
|
Direct
|
Cross
|
Redirect
|
Recross
|
Charles
P. Lanman (Recalled)
|
296,327
|
317
|
|
|
EXHIBITS
Prosecution
|
For
Identification
|
In Evidence
|
85,
Statement of Ernest Peter Burger,
June 23,
1942
|
327
|
329
|
86 to 86-I,
Ten drawings by Ernest Peter Berger in connection with statement of June 23,
1942
|
|
455
|
85, Read to
Commission
|
|
330
|
--ooOoo--
294
STENOGRAPHIC
TRANSCRIPT OF PROCEEDINGS
Before the
MILITARY
COMMISSION TO TRY PERSONS CHARGED WITH
OFFENSES AGAINST
THE LAW OF WAR AND THE
ARTICLES OF WAR
________________
Washington, D.C.
Friday, July 10,
1942
The
Military Commission appointed by the President by order dated July 2, 1942,
met, in room 5235 Department of Justice, at 10:30 oÕclock a.m., to try for
offense against the Law of war and Articles of War, the following persons:
Ernest Peter Burger, George John Dasch, Herbert Haupt, Heinrich Harm Heinck,
Edward John Kerling, Herman Neubauer, Richard Quirin, and Werner Thiel.
Present:Members
of the Military Commission, as follows:
Major General Frank M. McCoy,
President
Major General Walter S. Grant,
Major General Blanton Winship,
Major
General Lorenso D. Gasser,
Brigadier
General Guy V. Henry,
Brigadier
General John T. Lewis,
Brigadier General John T. Kennedy.
As Trial Judge Advocates:
Honorable
Francis Biddle,
Attorney
General of the United States.
Major General
Myron Cramer,
The
Judge Advocate General, U.S. Army.
Colonel F.
Granville Munson,
Colonel John
Weir,
Colonel Ervin
M. Treusch,
Major William
T. Thurman,
Officers
of the Judge Advocate GeneralÕs Department.
Oscar Cox,
Assistant
Solicitor General of the United States,
295
James Rowe,
Jr.,
Assistant to the Attorney General.
As Provost Marshal:
Brigadier General Albert L. Cox.
As Counsel for the Accused except
George John Dasch:
Colonel
Cassius M. Dowell,
Colonel
Kenneth Royall,
Major
Lawrence M. Stone
Captain
William G. Hummell
As
counsel for the Accused except George John Dasch:
Colonel
Carl L. Ristine.
-----
PROCEEDINGS
(Pictures were taken before the start
of the proceedings)
The President. The Commission is open.
The Commission will proceed.
The Attorney General. Would it be
convenient for the Commission today to make the recess somewhat shorter, as we
are starting late, and have a recess of one hour instead of an hour and a half?
The President. It will be.
The Attorney General. Would the Commission
care to indicate if they are going to sit tomorrow, and if so, what hours?
The President. We will be very glad to
have the two sides state what their wishes are. The Commission is ready to sit
without regard to hours or days, but we will be influenced by the wishes of
both sides.
The Attorney General. Well, speaking
for the prosecution, I should very prefer to go ahead tomorrow in the usual
296
course.
Colonel Dowell. We prefer to proceed
with the case.
The President. The Commission will
proceed as it has in the past.
The Attorney General. We appreciate
that.
The President. At any time we will be
very glad to have you indicate your wishes.
Colonel Munson. All the personnel of
the Commission, the prosecution, and the defense who were present at the close
of the previous session in this case are again present. The accused, all eight
thereof, and the reporters, are also present.
The Attorney General. May I proceed?
The President. Proceed.
CHARLES F. LANMAN
was
recalled as a witness for the prosecution and, having been previously duly
sworn, testified further as follows:
Colonel Munson. You are reminded that
you are still under oath.
DIRECT EXAMINATION--RESUMED
Questions by the Attorney General:
Q Mr. Lanman, which photograph were
you on when the Commission adjourned yesterday? Do you remember?
A I would have to look at them.
Q Mr. Lanman, I think when we closed
you were describing the objects contained in 84-C. Have you finished the
description of those?
A No, sir.
297
Q Will you continue?
A Photograph No. 84-C is marked, ÒTime
clocks and accessories similar to those indeed by myself, Dasch, Quirin, and
Heinck at Amagansett, Long, Island, June 13, 1942.Ó Signed E. P. Burger.Ó
Colonel Royall. May it please the
Commission, I am assuming that our same stipulation carries forward this
morning.
The President. It does, and the
reporter will make record of it, please.
Questions by the Attorney General:
Q He signed that is your presence?
A Yes, sir.
Q I hand you 84-D. What is that a
photograph of?
A 84-D is a photograph of a coat and a
pair of pants which is noted:
ÒPhotograph of coat I wore when
landing at Amagansett, Long Island, June 13, 1942, identified by belt and
buttons. This was the only coat worn by any of the group which had a belt.Ó
Signed E. P. Burger,Ó in my presence.
Q The next one is 84-E. What does that
represent?
A This is a photograph of various
articles, headed:
ÒPhotograph of: 1, sea sack. 2,
raincoat. 3, shoes worn by Burger. 4, socks worn by Burger. 5, one of shoes of Quirin.
6, shoes of Henry. The articles of this photograph are identified by me as
being those left by me on the beach at Amagansett June 13, 1942. Signed, ÒE. P.
BurgerÓ.
298
Q With respect to all these
photographs, I take it, Mr. Lanman, that you showed the objects to the
defendant Burger and he then told you what they were and than this descriptive
memorandum was written and he signed it; is that right?
A The objects were shown Burger later
on, yes. These photographs were shown at a different time than the objects were
shown.
Q He was shown the objects later, so
he saw the objects themselves?
A Yes, he saw the objects themselves.
Q 84-F.
A 84-F is a Òphotograph of a cap worn
by Burger at landing June 13, 1942, Amagansett, Long Island. E. P. Burger.Ó
QAnd G?
A 84-G is a Òphotograph of four
objects. 1, shoes worn by myself. 2, one of shoes which I believe worn by
Quirin. 3, shoes worn by Henry. 4, socks worn by myself, June 13, 1942. E. P.
Burger.Ó
Q I notice the word ÒHenryÓ. Did
Burger say to you whom he had in mind when he put Henry on the photograph?
A Henry Heinck.
Q I think HenryÕs name was mentioned
once before.
A I believe so, yes, in one of the
photographs.
Q Now, H.
A Is a photograph of a sea bag which is
headed, ÒSea sack in which civilian clothes were carried from submarine to
shore to Amagansett, Long Island, June 13, 1942. E. P. Burger.Ó
Q I.
299
A 84-I, ÒSuit worn by one of group
when landing at Amagansett, Long Island, June 13, 1942. E. P. Burger.Ó
Q J.
A J is a photograph of two shovels.
The notation states:
ÒSpades used to bury boxes and sea
sack on beach of Amagansett, Long Island, June 13, 1942.Ó Signed, ÒE. P.
Burger.Ó
The Attorney General. Cross-examine.
Colonel Royall. May it please the Commission,
we have objected to each of these questions relating to conversations with
Burger so far as they affect or relate to any of the other defendants. The
Commission has not, as I understand it, ruled on that yet.
The President. My remembrance is that there
was a stipulation agreed to on that point by the Attorney General. I think the
President is correct. The stipulation was that counsel would make his
objections to the introduction of this evidence as it affected the other
defendants. I think counsel is correct in saying you had not ruled on the
question as to whether or not they were admissible to affect the other
defendants, I having said that I was going to follow these statements with
other evidence, so that the time for ruling did not seem to me to have yet
arrived. Is that correct?
Colonel Royall. That is correct. The
stipulation merely covered the general nature of the objection—that is,
that the objection was deemed to have been made to each question and answer
separately, without the necessity of rising and making
300
it
seriatim.
The stipulation did not indicate that
the Attorney General had agreed to limit the testimony to this defendant. We
think it affirmatively appears at this time that this evidence is incompetent
as to the other defendants. The rule of law in the civil courts and the rule of
law as set down in the Court Martial Manual are almost identical.
As I understand it—and I shall
read from the provisions of the manual in a moment—the confessions or
declarations or admissions of an alleged conspirator are admissible against the
other conspirators where two prerequisites have been met. The first is some
affirmative evidence on the question of conspiracy itself, evidence aside from
the declarations. Now, upon that feature of the case the Attorney General
plans, and has announced, to introduce evidence later, and I think it would be
conceivable that that particular objection could be deferred until it is
determined what evidence would be offered by the Attorney General. That would
be a matter, I think, in the discretion of the Commission.
However, there is another
qualification upon the admissions or declarations or confessions, and that is
that it must be a declaration, confession, or statement made in furtherance of
the conspiracy and while the conspiracy is going on. It cannot apply to
statements made after the apprehension of a conspirator and after his
participation therein has been terminated by his apprehension.
That
is an objection which cannot be successfully met later by further evidence on
the part of the prosecution, because the testimony affirmatively and definitely
and
301
positively
shows that these statements made by Burger were made after his apprehension and
after his opportunity and ability to take any further steps in connection with
the alleged conspiracy, if there were one, had terminated.
Now, the Court martial Manual has two
specific provisions on that. I am referring to Section 114 of the Manual for
Courts-Martial, appearing on page 117.
The President. Would you inform us
what the date of that particular manual that you are using is?
Colonel Royall. This says 1928 on the
back. I think I am correct in stating that this particular section has not been
changed since this addition. The Judge Advocate General would know.
The President. Is that the case,
General Cramer?
Major General Cramer. Yes, sir. There
has been a reprint since the last addition.
Colonel Royall. The manual states:
ÒThe sole and statements of a conspirator, however, done or made after the
common design is accomplished or abandoned, are not admissible against the
others, except acts and statements in furtherance of an escape.Ó
Dealing specifically with those
admissions which are in the nature of confession, the last paragraph on page
117 states: ÒThe fact that a confession or admission of one conspirator is
inadmissible against the others does not prevent the use of such confession or
admission against the one who made it, but any such confession or admission
302
cannot
be considered as evidence against the others.Ó
Now, that is a rather succinct and
brief statement of the law. The decisions of the various courts of the country,
including the United States Supreme Court, are in accordance with the Court
Martial Manual. They are made specific, naturally, because they go into greater
detail.
In Underhill on Criminal Evidence he
discussed the matter, as does Wigmore.
There are a number of cases, which I
do not think necessary to cite to the Commission, unless they desire to read
them—
The President. The Commission does not
care to have them read.
Brigadier General Henry. Perhaps he
can read them into the record.
Colonel Royall. I refer specifically
to the case of Logan v. United States, 144 U.S 263, as one of the leading
decisions on the question, which has been cited time and time again.
I call attention to two very recent
Federal Court decisions which indicate that the rule is still extant, Minner v.
U.S., 57 Federal (2d) 506, and Dowdy v. U.S., 46 Federal (2d) 417. In the last
of these cases the Court states this rules:
ÒIt is well settled that before such a
statement or declaration is admissible it must not only be made during the
continuance of the conspiracy, but it must be made in furtherance of it. These statements
in this case were nothing more than a confession by Martin implicating Funk,
and all authorities hold that they are inadmissible
303
except as against the party making
themÓ—the names Martin and Funk of course being parties in that
particular decision.
I
call your attention to the fact that the statement, to be admissible against
the other defendants, must not only be while the conspiracy is continuing, and
the courts have construed that to mean while the man who makes the declaration
is continuing in the conspiracy, and it appears here that, of course, this
defendant Burger was not continuing with the conspiracy at the time he made
this statement. He could not have done so if he wished to, because he had been
apprehended by the F.B.I.
Not
only, however, is that a requisite, but it is also a requisite that the
statements must be made in furtherance of the conspiracy; and it is manifest,
of course, that statements made to the F.B.I could not be in furtherance of a
conspiracy, unless it could be contended that the FBI were going to participate
therein, which I think we cannot assume.
Now,
under those circumstances we think that this evidence is clearly incompetent as
against the other defendants. Not knowing how the case may develop, this
particular question is a very fundamental question to the other defendants.
It
not only finds support in the authorities, which I have cited to the Commission
and in the Courts-Martial Manual. It finds adequate support in commonsense
justice and reason. In other words, to permit one member of an alleged
conspiracy, by declarations made not under oath, and with no opportunity on the
part of the other defendants to inquire or cross-examine it to them, and
possibly made from some motive selfish to the
304
defendant
making them—all those possibilities and uncertainties, of course, as to
some of the features would make justice merely a mock if persons could be so
convicted.
From
time immemorial in the administration of the Anglo-Saxon law and in the laws
from which the Anglo-Saxon law was originated this has been developed as one of
the fundamental principles. In our American system of government and in the
English system of government, certainly for two hundred years, there has been
no question about this principle.
Giving
to the Commission the fullest freedom in making its own rules, realizing that,
as the Commission has announced, they may in instances disregard what are
commonly considered technical rules, not related to what would convince a
reasonable man—giving full weight to that—by no stretch of the
imagination, it seems to us, can that cover a situation like this. We
respectfully request that our objection be sustained to this testimony, to
these declarations of the defendant Burger, so far as they may affect any of
the other defendants.
305
Colonel Ristine. May it please the
Commission—
The President. Colonel Ristine,
representing the defense.
Colonel Ristine. These statements were
also made outside the presence or hearing of the other defendants; for that reason
they should not be considered as competent, in addition to the other reasons
alleged, because the other defendants had no opportunity to be confronted with
such statements, and had no opportunity to deny the truthfulness of such
statements.
The Attorney General. May it please
the Commission—
The President. The Attorney General.
The Attorney General. These
confessions—these admissions, rather, because the confessions have not
yet been put in—are no different from ordinary confessions. When a manÕs
confession is taken, the other conspirators are not present. Counsel do not
cross-examine him. It is no different from any ordinary confession or admission
taken.
This
question on which you are going to rule will arise, I take it, continually
throughout this proceeding, and I think it not appropriate for me to say now
that I am going to introduce a number of signed confessions in this case.
Therefore, realizing that a confession is always, of course, admissible against
the person who made it, and realizing that the courts have held that a
confession is introducible while the conspiracy still lasts, let me say this
with respect to these particular admissions:
There
is no evidence that this conspiracy was not going on at the time the admission
was made. This evidence is as to the apprehension of this individual. There is
no evidence that the conspiracy was not at that moment continuing, and the mere
fact of the apprehension of any defendant does not show
306
that
the intent, which is a part, and an essential part, of the conspiracy itself,
is not continuing.
With
respect to another feature of the law, let me say that in passing that one
reason, I take it, why this rule, which does seem to be technical, though a
just rule, was made, was, of course, that it was meant at common law to apply
to jury trials, where it was felt inappropriate for a jury to hear evidence of
one man after the conspiracy was over. That hardened into the rule of evidence
which was the basis of the section of the manual which has been referred to by
Colonel Royall.
There
is another ground, it seems to me, for the admissibility of the evidence, and
that is the ground of res gestae. Here admissions are made which I think, in
view of the very recent apprehension or rather of the very recent landing of
these defendants, are part of the res gestae itself; therefore, as part of the
res gestae, being so closely connected to that landing on Long Island, it
becomes itself material evidence.
But
the main point, it seems to me, where the Commission should rule unfavorably to
these admissions is found in the direction of the Commission itself, and this I
emphasize particularly. You are directed as follows:
ÒSuch evidence shall be admitted as
would in the opinion of the President of the Commission have probative value to
a reasonable man.Ó
Is
not the very purpose and essence of that clause in the Commission creating this
body to disregard the highly technical and complicated rules of evidence and to
consider whether or not when Burger freely and without any duress says, ÒI
recognize
307
these
clothes as having been worn by one of the men that was with me,Ó it is
convincing to a reasonable man?
As
I say, we have to begin our case. That will be followed and tied into the
statements and confessions of the other defendants here. It is tied into the
physical objects that were found either on the defendants or on the beach, and
it is tied into the entire picture of a moving conspiracy and is by no means
founded in the confession alone; but the admissions and the confessions become
an integral part.
Looking
at it from the standpoint of the reasonable man, to say that these admissions
which you heard have no probative value seems to me to avoid the very essence
of the power which this Commission gave to you in hearing the case.
Colonel Royall. May it please the
Commission—
The President. Counsel for the
defense.
Colonel Royall. It does not seem to me
that it is a very forceful argument to say that this should be admitted
Òbecause we are going to ask for others to be admitted.Ó It seems to me that if
they have the confessions of other defendants, it to a large extent removes a
practical necessity as well as a legal basis for trying to prove the case
against one by using the confessions of another. But I think that is beside the
point.
The
question of the conspiracy still continuing at the time of these statements
leaves out of account the reason why there is a requirement that the conspiracy
continues. It means it must as to the man who makes the declarations. The
theory upon which confessions and declarations of one defendant are admissible
against the others is that the man who makes the declaration is acting for the
group; therefore, the conspiracy
308
must
continue as to the one who makes the declaration—and it had definitely
terminated as to him in this case. As I said before, it must also be in
furtherance of the conspiracy, an element which is entirely lacking here and as
to which the Attorney General did not address any remarks.
As
to the distinction between a jury and commission, there is all the more reason
why this Commission should enforce this well established rule than there would
be in the case of a jury, because in the case of a jury, the jury would hear it
just as this Commission has heard it, and there might be serious questions as
to whether the jury had sufficiently discriminating minds to apply it as to one
defendant and not to another. That doubt does not arise here. This Commission
is thoroughly capable, able, and willing, if they think it is not admissible
against another defendant, to apply it against the one who makes the
declaration or confession and no one else.
Dealing
briefly with the wording of the order, to say that this as a class of testimony
that is embraced within the terms of that order is to say, in effect, that all
our courts of all our jurisdictions, the liberal as well as the strict, the
English as well as the American, have been enforcing for generations a rule
that has no reasonable basis. I say to this Commission that this rule is
fundamental; that no man can be convicted by what is purely hearsay evidence of
what another man says.
One
thing we are proud of in this country — and I am not trying to get
oratorical about it, but I think it is so essential that I want to make this
point — is our system of administering government. We are proud of it
particularly
309
in
times like this, when it stands out in sharp contrast to other systems which we
are fighting—and we are fighting presumably an, I think, actually to
protect our system of government.
Perhaps
in this case of pure technicalities this question does not arise; but when we
deal with a fundamental principle of trying seven other men upon an unsworn,
unexamined, and uninvestigated declaration of an eighth, we are encroaching, in
our humble opinion, upon a fundamental element of our administration of
justice.
We
sincerely trust this court will rule this evidence to be incompetent as to all
the defendants except the defendant Burger.
The Attorney General. May I add one more
word? I do not want to labor this too long. However, it seems to me that
perhaps I should have made a little more clear a point, as I think you
gentleman know, that is not always made clear in the textbooks. That is the
question of res gestae. It is a fact—and we will show—that at least
six of the other defendants were at large when Burger was apprehended. So it is
a fact—and I can make a formal offer of poof, but I think it is not
necessary—that the crime of the conspiracy was actually continuing at the
moment. I am not speaking of the confession; I am speaking of the res gestae.
It is perfectly clear, it seems to me, to whatever affect the res gestae goes,
that in the heat of the crime any statements or admissions or oral objections
or conversation made by any of the defendants is part of the crime itself, thus
taking it out of the hearsay rule. I want to emphasize that because that seems
to me to be a particularly important point here. Let me state it very clearly
again.
310
Six
of these defendants were at large and had been apprehended; presumably,
therefore, the conspiracy was continuing. Another defendant—another
prisoner—during that specific time made statements which clearly,
therefore, came out of the hearsay rule because they were, so to speak, made in
the heat of the crime.
Major General Winship. May I ask a
question in this connection? How were these statements made by him at that time
in furtherance of the conspiracy? I should like to hear you on that.
The Attorney General. I have not
argued that they were, and I do not think that they were in furtherance of the
conspiracy. I do not think that I said that I thought they were.
Major General Winship. I thought you
did. You claim that they are part of the res gestae?
The Attorney General. I claim that,
and I also state that the conspiracy is not yet over and that, therefore, the
evidence of any conspirator, so far as the rule that the conspiracy is still
continuing is concerned, is admissible. I do not think those statements were in
furtherance of the conspiracy. I do not think anybody should argue that. But I
do claim that any reasonable man confronted with this evidence—not a
reasonable lawyer, but a reasonable man—any reasonable man—would
say, ÒWhy, of course, this shows that the fellows are guilty. He remembers
these very objects. It is detailed, definite, and accurate; there is nothing
fake about it.Ó
Therefore,
it seems to me to become highly relevant under the power that you have under
this Commission.
Colonel Royall. May it please the
Commission—
311
The President. Counsel for the
defense.
Colonel Royall. At the risk of taking
too much, and we do think this is an important question, so I hope I am not
encroaching upon your time—
The President. No, we should be glad
to hear this fully discussed.
Colonel Royall. This is in no sense a
reflection of or a criticism of the splendid Attorney General, but I hope it is
not inappropriate to say that at the law school I attended the definition of
res gestae was given as two Latin words designed to counsel and confuse
thoughts. It is a term which frequently is used to cover something that can not
be covered anywhere else.
Res
gestae, as a matter of fact, has a stricter criterion that does the
admissibility of confessions and declarations. Res gestae means that the
declaration is a part of the actual commission of the crime, and it is not
admitted as a declaration against anyone else at all, but is admitted as a part
of the act. In other words, a remark that a man might make while he was
shooting another person would be a part of res gestae, to show his intent. As
the Court-martial so well says: ÒEvidence admitted as part of the res gestae is
not for the purpose of proving the truth of the remark but merely to show that
the remark was made as a part of the act.Ó
There
is no contention—there could not be any contention—that the
statement made by Mr. Burger to the F.B.I. was a part of his actual commission
of a crime. That is inconceivable.
312
He
was not in the act of committing any crime when he talked to the
F.B.I.—much to the contrary, he had been stopped from committing a crime.
Therefore, the rule of res gestae is a considerably stricter rule and has not
been complied with, we contend, in the remotest degree in this case. It comes
back to whether or not this declaration or confession was made in furtherance
of a conspiracy, and that, under the Court-martial Manual and under decisions,
is not admissible.
Colonel Ristine. May I make one
further observation?
The President. Colonel Ristine.
Colonel Ristine. May it please the
Commission, it frequently happens when one person is apprehended and charged
with an offense in which others may be implicated that for the purpose of
protecting his friends he gives names of other persons as the participants with
him, and that is the reasons why much of his testimony is dangerous.
It
is more likely, if one of the participants in a conspiracy or the commission of
a crime by joint action of others is apprehended, that he, if he gives any
names at all, will give fictitious names, names of persons not implicated with
him, rather than implicate his own friends. For that reason, such testimony is
scrutinized very carefully and in practically every instance is rejoiced outright
because of the danger of accepting it, because, as the Attorney General stated,
if it be true, why, of course, any reasonable man would believe it.
The President. Are there any further
remarks, or is there any more discussion?
(There was no responses)
The President. May I ask the counsel
of defense to make more on this point: I understand that you accept the
evidence
313
of
the witnesses insofar as it affects Burger?
Colonel Royall. That, sir, is correct.
We do not object to it for that purpose.
The President. You move to strike out
or you object in general terms to allusion to any other defendants; is that the
case?
Colonel Royall. We objected, sir, to
all those declarations so far as they affect the other defendants at all,
whether it mentions them by name or in any other respect. We objected at the
outset, and we had a stipulation with the Attorney General that it would be
necessary to make that objection to each question, and the Commission approved
that stipulation. Therefore, what we have before the Commission is an objection
to each question and answer of the witness relating to BurgerÕs declaration, so
far as that testimony affects or might affect any of the other defendants.
The President. That is your
understanding also, Mr. Attorney General?
The Attorney General. Yes, Mr.
President.
The President. The Commission will be
closed. (The Commission was then closed, when it reopened the following
occurred:)
314
The President. The Commission is open.
Is the attendance as it was previously?
Colonel Hunson. The total membership
of the Commission, all the accused, counsel on both sides, and the reporter are
present.
The President. The Commission will
suspend ruling on defense counselÕs objections at this time.
The Attorney General. You may
cross-examine.
Colonel Royall. If the Commission
please, that presents a question of procedure on which I would like to ask
instructions. If our objection had been sustained, we would not have
cross-examined this witness as to any matters which relate to any defendants
other than Burger. It is our desire to still follow that course until the
Commission finally rules, and to recall this witness in the event the
Commission denies our motion or overrules our objection. I think that course
would be better, if the Commission will agree to it.
The President. Are there any remarks
on behalf of the prosecution?
The Attorney General. I object to
that, sir. Obviously the counselÕs dilemma is that if he cross-examines the
witness he waives his objection. Therefore, unless the Commission otherwise
rules that the cross-examination should be suspended, I think it should follow
the general course. You have heard the evidence.
Colonel Royall. May it please the
Commission, that is seeking to deprive counsel of the benefit of the position
which certainly has sufficient merit to be seriously considered by the
Commission. All I am asking is that I be permitted to
315
cross-examine
the witness at this time solely behalf on the defendant Burger, and suspend any
other cross-examination until the Commission has definitely ruled. It seems to
me that is the only fair method of procedure in order to preserve the matter
until the Commission rules on it.
The Attorney General. I of course have
no objection to counselÕs cross-examining the witness on behalf of Burger, but
I do hope that he witness will not again be recalled.
I
am exceedingly anxious to press this trial as promptly as possible, to avoid
any delays. Counsel can always save to strike evidence, even after the evidence
is in. I hope, therefore, that if there is to be any cross-examination by any
counsel with respect to any defendant it will be made now.
Colonel Royall. May I ask the Attorney
General, with the Permission of the Commission, if he will permit me to
cross-examine generally, without such cross-examination waiving my right to
later strike.
The
Attorney General. No; I shall not agree to anything. I think Colonel Royall can
proceed to cross-examine and move to strike evidence later. I think Colonel
Royall is entitled to make a motion to strike at any time he wants. The effect
of the cross-examination and his right to strike is for him to determine, I
think.
Colonel
Royall. May it please the Commission, we are not trying to play a game here on
either side, I am sure. When the Commission announced that it took this matter
under advisement for the present, I assumed that that meant that the Commission
wanted to determine later, when more facts had been developed and more thought
had been given to it. The
316
method
of procedure which I suggest is merely in line with that.
What
I propose to do is to follow this course unless the Commission definitely rules
now. I am going to examine the witness solely on behalf of the defendant
Burger, and I shall at the conclusion of the cross-examination again request
the Commission to let me reserve the right to cross-examine him on behalf of
the other defendants in the event that our position is sustained. Of course I
have a right, as the Attorney General has said, to cross-examine solely on
behalf of Burger if I so elect. So that we for the present so elect.
The
Attorney General. I will stipulate, then, if you will agree, that you will
cross-examine the witness generally, with a reserved right to move to strike
with reference to the witnessÕ testimony as to the other defendants. That would
save recalling him.
Colonel
Royall. And the fact that I had cross-examined him would not be urged as a
waiver of my rights?
The
Attorney General. Yes; I will agree to that. That seems fair.
The
President, Proceed.
The
Attorney General. Before counsel proceeds may I have the CommissionÕs
permission to let the witnesses Barnes, Franken, and Nirschel go? I have asked
counsel if they wanted them any more, and they say no. We would like to have
them sent back to their duties as Coast Guard men.
The
President. Very well.
317
CROSS EXAMINATION
Questions
by Colonel Royall:
QMr.
Lanman, I believe you testified that you talked over this matter with Burger
from time to time, over a period of several days?
AYes,
sir; that is quite correct.
QAnd
you have on your direct examination given statements that he has made as to
only a part of the matters you discussed with him; is that correct?
AYes.
QThe
entire results of your inquiries were embodied in a written document, were they
not?
AYes.
QAnd
that written document was signed, was it, by the defendant Burger?
AYes;
it was.
Colonel
Royall. Do you have an extra copy of that?
The
Attorney General. Yes.
The
President. Is that copy in evidence?
Colonel
Royall. No. sir; it is not.
Questions
by Colonel Royall:
QDid
he sign two different instruments, or did he sign only one? Do you recall?
AYes.
QWhich?
ATwo.
QOne
was in large part a small condensed statement of the other, omitting certain
matters; is that correct?
AThat
is correct.
318
QMr.
Lanman, I realize that it is difficult for you to remember every word that was
said, and I want to hand to you a copy of each of these instruments for the
purpose of your using them, if you so desire, to refresh your recollection as
to any matter I might ask you about, if your recollection needs refreshing.
The
Attorney General. I object to that. The confessions are not in evidence. They
will be put in at the appropriate time, if so decided; and this is simply a
method of cross-examining the witness on confessions which are not in evidence;
and obviously it is not appropriate cross-examination. The direct examination
covered certain oral admission chiefly made with respect to certain garments
and other materials involving certain of the other defendants. The confession
is not in evidence, and therefore it is inappropriate to ask the witness with
respect to the confession, because that is not proper cross-examination, and I
object.
Colonel
Royall. May I, before arguing that, ask the witness one or two other questions
which may clarify the situation?
The
President. Proceed.
Questions
by Colonel Royall:
QCertain
of the statements you have testified about are contained in little narratives
signed or written by Burger on some tabs attached to certain exhibits; is not
that correct?
AI
do not quite understand your question, sir.
QWhat
were you reading from time to time?
AThe
exhibits that were offered in evidence here?
319
QYes.
AThose
were tags prepared by Burger.
QThe
statements which Burger signed on those tabs were parts of the whole story he
told you, were they not?
AWhy,
yes.
QThere
were other facts in connection with the matters stated on those tabs which were
stated more fully to you by Burger; is not that correct?
AYes,
sir.
QTherefore
the statements of Burger on those tabs and as to the other matters about which
you have testified he made statements, represent only part of the whole picture
he painted to you in his statement; is not that correct?
AI
do not recall at the present time whether the complete detail of the material
that was exhibited here was exhibited to Burger and was contained in the
particular statement.
QBut
certainly as to the narrative matters on those tabs, that was only a part of
the entire picture which Burger gave you, was it not?
AThat
is correct.
Colonel
Royall. Now, may it please the Commission—
The
Attorney General. Perhaps it would be easier to proceed with your questions,
and then I can object to a specific matter.
Colonel
Royall. But we were addressing ourselves to this, first. The only purpose of giving
these documents to the witness was this. It was not our intention to ask him to
read them in evidence. Manifestly that would be an evasion of a
320
very
salutary rule against using a prosecution witness to develop a defendantÕs
testimony. They can be offered by the prosecution or by the defendant under
certain circumstances. The only purpose of it is that this is a long
investigation extending over a period of two or three days. It is our purpose
to ask him about certain matters in that investigation related in large part to
the occurrences he has stated and to the declarations he has stated.
The
Attorney General. I have no objection to the witness being shown the
statements; and I will reserve my objections to specific questions.
Colonel
Royall. I thought it would be less confusing to the witness if he had these to
refresh his recollection. I am not trying to confuse him or impeach him, but
merely to see that his recollection is refreshed if necessary.
Questions
by Colonel Royall:
QMr.
Lanman, who was present when you entered BurgerÕs room for the purpose of
arresting him? Who was present besides yourself?
AAssistant
Director E. J. Connelley, Special Agent Rice and myself; and there were two
other agents, Spigner and Jones. They were in the party.
QIs
it not a fact that when you entered or prepared to enter the room you found
that it was unlocked?
AI
could not answer that, sir, because I did not open the door.
QDo
you recall who did?
AI
am not certain; no. I was in the back of the party and I could not answer that
definitely.
321
QYou
did observe that Burger was not surprised at all at your arrival, did you not?
ABurger
had his back to us, on the bed, and I cannot explain exactly the details we
went through at this time; I do not recall them. However, he made no
resistance.
QHe
told you at that time, or told someone in your presence, that he had been
anticipating —
The
Attorney General. I object to that. There has been no evidence to suggest
anything of the kind. This is cross-examination, and I think that is a highly
inappropriate question.
Colonel
Royall. I have not asked it yet.
The
Attorney General. I do not want you to ask it.
Colonel
Royall. What can I do if I cannot as the question?
Colonel
Dowell. May I say something on that point, may it please the Commission?
The
President. Proceed.
Colonel
Dowell. I take it that this is a fact-finding tribunal, and that everything
should be done to bring out the full and complete facts bearing upon this case.
Certain portions of the confession have been introduced already. Standing alone
they do not bring out the full facts, as is usually the case. The law, as I
understand it, as embodied in the Court Martial Manual, will be found in a
simple rule at page 115, Section 114, under ÒRules,Ó relating to confessions
(reading):
ÒEvidence of a confession or supposed
confession cannot be restricted to evidence of only a part thereof. Where a
part only is shown, the defense by cross-examina-
322
tion or otherwise may show the
remainder so that the full and actual meaning of the confession or supposed
confession may appear. For example, if in a trial for the common-law larceny or
a horse the prosecution proves that the accused admitted that he broke into the
stable and ÔstoleÕ the horse, the defense may show that the accused added the
statement that the horse was taken solely for a temporary purpose with the
intent to return it.Ó
That
is what we conceive to be the pertinent part of that paragraph.
It
is well known that statements taken in part do not prove the whole story; and I
cite the well-known illustration of the quotation from the Bible, ÒGo thou and
sin.Ó Unless you add the words Òno more,Ó you do not get a correct picture. We
maintain that the portions of this particular confession thus far introduced in
evidence, by direct questioning of this witness, will be materially changed by
hearing the whole story.
The
Attorney General. I cannot understand the purpose of the argument at all. There
has been no confession introduced yet in any way. The rule is obvious that when
it is introduced it has to be introduced in toto. Of course if we introduce it,
we will put in the whole confession. The witness was asked about certain
remarks which were made by the defendant with respect to certain articles of
clothing and other matters. The specific thing before the Commission now is a
question by Colonel Royall with respect to an alleged conversation, I
understand, with another person, or a message from another person. That is what
I objected to, because it had not been brought out.
323
Colonel
Royall. May it please the Commission, a confession is not necessarily a written
instrument. A confession can be oral as will as written; and the mere reduction
of it to writing does not alter the rules stated in the Court-Martial Manual as
to what is said orally. This witness has testified that he has made certain
statements as to what Burger said, not merely on the identification of
articles, but, as the Commission will well remember, as to what happened on the
beach, what happened as to various items of the alleged conspiracy. That is
part, as he says, of a picture which was painted over tow or three days.
The
law says that we are entitled to the whole picture. That is what the
Court-Martial Manual says and what the law says. That is all we are asking. We
want the whole picture of this oral confession made over several days.
And
not only is that true, but we are entitled, as we conceive the law to be, on
this specific question that I am about to ask, to examine fully into all the
circumstances under which these various statements were made, everything that
may throw some light upon the purpose with which they were made, the voluntary
manner in which they were made, or the involuntary manner, the attitude with
which they were made--every one of those elements is a perfectly competent and
relevant circumstance.
This
question which we ask now to be permitted to complete—
The
Attorney General. May I interrupt a moment?
Colonel
Royall. Certainly.
The
Attorney General. It is difficult, of course, to rule on an uncompleted
question. I dislike the form of the question,
324
and
I will withdraw the objection if you will state your whole question, and the
Commission can then rule on it.
Colonel
Royall. That will certainly be helpful.
The
Attorney General (approaching the bench). Would the Commission permit counsel
to state the question at side bar, in other words, to state it to the reporter
and have it read to you, so that others here present cannot hear the question?
The
President. Could you two confer for a few moments and see if you cannot reach
some agreement? Possibly the defense counsel can frame his question in a way
that would be acceptable.
(The
Attorney General and defense counsel conferred.)
The
President. May I interrupt, on the part of the Commission, to ask if this would
not be a good time to recess for lunch?
The
Attorney General. Until 1:30, Mr. President?
The
President. Yes. You asked for an hour.
The
Attorney General. Yes, sir.
The
President. The Commission will recess until 1:30 this afternoon.
(Whereupon,
at 12:28 oÕclock p.m., a recess was taken until 1:30 p.m. of the same day.)
325
AFTER RECESS
The
Commission reconvened at 1:30 0Õclock p.m., upon the expiration of the recess.
The
President. The Commission is open.
Colonel
Munson. May it please the Commission: All the personnel of the Commission, the
prosecution, except Mr. Cox, one of the assistant trial judge advocates, and
also Colonel Weir, on the prosecution, are present. The accused and the
reporter are also present. The others whom I have named are temporarily on
business for their respective sides.
The
Attorney General. May it please the Commission, counsel have made an agreement
under which they witness, Mr. Lanman, is temporarily to be withdrawn from the
stand, and the prosecution will call the next witness.
May
it please the Commission: The prosecution now intends to call the defendant
Burger. I understand, and I have conferred with counsel for the defendants,
that counsel have advised him not to take the stand. I should like to call him
to the stand and to have the President of the Commission instruct him as to his
rights and duties under the circumstances.
Burger,
will you take the stand, please?
(Ernest
Peter Burger stepped forward.)
Colonel
Munson. Do you desire to instruct him, may I ask the Commission, before he is
sworn, as to his rights? Should he be sworn first, do you think?
The
President. I think we will not swear him.
Colonel
Munson. The Commission will inform you of your rights.
326
The
President. May I ask defense counsel if the accused has been fully advised of
his rights, to wit, first, that he may be sworn as a witness and testify under
oath, like any other witnesses?
Colonel
Royall. We have so advised him.
The
President. Second, that he may make an unsworn statement?
Colonel
Royall. We have so advised him.
The
President. Third, that he may file a written statement with the Commission?
Colonel
Royall. We have so advised him.
The
President. Or that he may keep silent, with no inference that may be used
against him to be drawn?
Colonel
Royall. We have so advised him and have advised him further that, in our
opinion, he should remain silent.
The
President. You are sure he understands the implication?
Colonel
Royall. He understands the implication--that that may not be used against him
in any way.
The
President. The Commission will permit you, further, to take the stand and to
testify under oath, or not to take the stand, or to make an unsworn statement.
Ernest
Peter Burger. I ask your permission, sir, that I may testify later when my
counsel advises me to.
The
President. Have you any remarks?
The
Attorney General. I did no hear what the witness said.
The
President. He asked that he be permitted to take the stand later, on the advice
of his counsel.
327
Colonel
Royall. Yes, sir. We advised him that he could take the stand in his own
defense after the prosecution closed, if they have made out a case.
The
Attorney General. In answer to that, I say that I give him on opportunity to
take the stand, as he wishes, and whether I will call him again or not is not
yet decided.
If
you want to take this stand, Mr. Burger, now, I having called you as a witness
for the prosecution, the Commission has advised you that you may do so, if you
want to do that.
Colonel
Royall. Or you may not.
The
Attorney General. Or you may not, if you do not want to.
Ernest
Peter Burger. I still would like to follow the advice of my counsel.
The
Attorney General. Very good.
Lieutenant
Page. Mr. Lanman. This witness has been sworn as to secrecy. was
CHARLES F. LANMAN
was
recalled as a witness for the prosecution and, having previously duly sworn,
testified further as follows:
Colonel
Munson. The witness is reminded that he is still under oath.
The
Witness. Yes, sir.
DIRECT EXAMINATION—RESUMED
Questions
by the Attorney General:
QMr.
Lanman, you have been sworn.
Will
you mark this as an exhibit?
(Statement
of Ernest Peter Burger,
June 23, 1942, was marked F-85.)
328
Colonel
Royall. Mr. President, would you let it appear that our further
cross-examination is deferred until—
The
Attorney General. Until the witness Lanman is finished on direct examination?
Colonel
Royall. Yes. You had turned him over for cross-examination. I did not want it to
appear that we had finished.
The
Attorney General. Yes.
The
President. That is understood.
Questions
by the Attorney General:
QMr.
Lanman, I show you a document marked ÒP-85Ó and ask you if you recognize it
(handing a document to the witness).
AYes,
sir.
QWhat
is it?
AThis
is the statement of Ernest Peter Burger.
QIn
how many pages?
ASixty-six
pages.
QIs
it signed by Burger?
AYes,
sir; it is signed by Burger.
QIn
whose presence was it signed?
AIn
the presence of myself and Special Agent J. G. Feliner.
QAt
what time and on what date?
AThis
present statement was signed on Sunday, the 28th of June, at about
4:30 in the afternoon.
QDoes
each page of the statement contain the initials of the defendant Burger?
AYes,
sir, it does.
QHe
initialed them in your presence?
AIn
my presence; yes, sir.
329
Colonel
Royall. Mr. President, if it would simplify the matter, the defendant Burger
will offer no objection to this confession, if it is offered for evidence.
The
Attorney General. I will offer it in evidence. It is a very long statement, may
it please the Commission, but I am afraid I will have to have it read in toto.
(Prosecution Exhibit 85 was received
in
evidence.)
Colonel
Royall. Now, the other defendants do object to its introduction, the question being
exactly the same as the Commission now has under advisement. I assume that we
can follow the same course as to that.
The
President. You. Have you made a record of that, Mr. Reporter?
The
Reporter. Yes, sir.
Colonel
Ristine. Mr. President, may we, for the sake of brevity, agree that, with
respect to questions of testimony or motions to strike, the one objection,
unless otherwise specified, will apply to all of the other defendants, without
special agreement each time?
The
President. Yes. In other words, you join with Colonel Royall in his motion and
stipulation with regard to this character of evidence?
Colonel
Ristine. Yes, sir, without specifically so stating each time.
The
Attorney General. With the permission of the Commission--this is a very long statement--could
Mr. Cox sit down while he is reading it?
The
President. Yes.
330
EXHIBIT P-85
Mr. Cox (reading).
ÒNew York, New York. June 23, 1942.
ÒI, Ernest Peter Burger, make the
following statement to C.F. Lanman, and J. G. Fellner whom I know to be Special
Agents of the Federal Bureau of Investigation. I make this statement of my own
free will and volition, having received no threats or promises and I know that
anything I say herein can be used against me.
ÒI was born September 1, 1906, at
Augsburg, Bavaria, in the southern part of Germany. I attended both public and
high school in Augsburg, after which I attended the Machine Building School
also at Augsburg until the summer of 1926, after which I was graduated and
obtained various positions throughout Germany principally in Welmar, Germany as
a machine builder.
ÒIn February of 1927, I left Germany
aboard the S.S. Munich of the North German Lloyd Line and traveled to New York
where, at the port of New York, I entered the United States under a quota immigrant
visa which I obtained prior to my departure from Germany.
ÒAfter landing in New York City, I
departed directly for Milwaukee, Wisconsin where I intended getting in touch
with Mrs. Theresa Weis, who had signed my affidavit for my admittance into the United
States. Upon arriving in Milwaukee, I obtained a position at the Nordberg
Manufacturing Company as a tool maker where I remained until the fall of 1927
when I quit this job and moved to Harvey, Illinois where I obtained a position
with the Buda Diesel Motor
331
Company in the Motor Repair
Department. I stayed in this job until the spring of 1928 when I moved to
Detroit, Michigan, where I obtained a job in the Briggs Manufacturing Works as
a tool and die maker.
ÒDuring my stay in Detroit, Michigan,
I studied English, taking private lessons and attended one of the night public
schools. I remained at the Briggs Manufacturing Company until the summer of
1929 when I went back to Germany on a visit. I stayed in Germany four weeks. I
paid for my own passage to and from Germany on this visit. Upon my return to
the United States, I went immediately back to Detroit. While I was in Harvey,
Illinois, I declared my intention of becoming a United States citizen and for
the trip to Germany and return, I obtained a re-entry permit from the United
States Government. Upon my return to Detroit in 1929 the depression had set in
and I had considerable difficulty obtaining employment. However, I obtained
employment at both the Briggs Manufacturing Company and the Hudson Motor Car
Company.
ÒOn June 17Ó –
The
President. Will you stop a moment, please?
Colonel
Royall. I just wanted to make this inquiry. There are not enough copies of this
for each member of the Commission to have one.
The
Attorney General. No, I am afraid not.
Colonel
Royall. I thought it might facilitate the matter. The Commission might want to
note on it some particular notations.
The
Attorney General. Would the Commission like to
332
have
copies before them?
Colonel
Royall. I did not know whether is would be helpful or not.
The
President. I think if you give the President one, it will be sufficient.
The
Attorney General. Here are two, General McCoy.
Colonel
Royall. Here is a third one.
The
Attorney General. Will you state to the Commission, Mr. Cox, where you are now?
Mr.
Cox. Yes. I am at the last paragraph on page 1.
(Reading): ÒOn June 17, 1931 at
Detroit, Michigan, I enlisted in the Michigan National Guard becoming a member
of Company A, 125th Infantry, National Guard Reserve of the State of
Michigan. I remained a member of the Michigan National Guard until the 22nd
day of October, 1931 when I was honorably discharged due to the fact that I was
moving back to Milwaukee, Wisconsin.
ÒWhile I was a member of the National
Guard in Detroit, Michigan, Captain Jackson, the Commander of my Company in the
National Guard, told me that he wanted to form a Machine Gun Company composed
of former German soldiers now residing in this country. As a result of this, I
went to see some Germans belonging to an organization whose name I do not know,
located at the DeutscheÕs House in Detroit, Michigan. I did not know anyone at
the DeutcheÕs House, but being a German myself, I just walked in and made a
speech at a meeting which was being held. This was a small meeting of probably
twenty young men, whom I believed to be a sport club or something like that. I
333
tried to interest them in the National
Guard work but they told me to get out. They also told me that I was no German
and that it was not an idea of working for the fatherland.
ÒOn November 6, 1931, I re-enlisted as
a Private First Class in Company K, 127th Infantry, of the Wisconsin
National Guard. The fact that I enlisted in the National Guard in Detroit,
Michigan, after my return from Germany is purely a matter of my own personal
volition. There was nothing whatever said to me by anyone in Germany, during my
visits over there, that suggested that I should become a member of the National
Guard. I enlisted in the National Guard in both Michigan and Wisconsin because
I was interested in military life.
ÒDuring the time I was in the
Milwaukee National Guard, I was called out for emergency duty in connection
with the milk strike, which occurred in Racine County in May or June of 1933.
During the duty I performed at the time of the milk strike, my Captain W. J.
Szulakiewicz got to know me very well and as a result of this acquaintance,
wrote for me a very fine letter of recommendation to assist me in obtaining
work in the United States. This letter is included in with my National Guard
discharges which are in the possession of the New York Office of the Federal
Bureau of Investigation.
ÒAs previously stated, I left Detroit,
Michigan some time after October of 1931, and went to Milwaukee, Wisconsin. In
Milwaukee, I worked for Bueyrus Erie Company for about four months. I was let
out of this job because of lack of work. This plant is located in South
Milwaukee. I was
334
out of work for a long period after
this and I finally obtained a temporary job for a few days with a road
construction gang. My family in Germany, having heard from me and knowing that
I was having difficulty finding work, wrote to me and told me that I better
come home. They sent me a ticket on the Hamburg American Line, Steamship
Hamburg.
ÒDuring my stay in Milwaukee between
1931 and 1933, I lived in various places on the outskirts of Milwaukee,
principally South Milwaukee. However I cannot recall any of the addresses that
I used.
ÒAlso, while in Detroit, I went on a
number of occasions to the Kolping Society, a German Catholic Club. As a matter
of fact, I stayed overnight on several occasion. However, I did not like this
place as they were too religious in their actions.
ÒI wish to state also at this time
that up to my departure from Germany, I was a member, in good standing, in the
National Socialist Party to which I did belong since February of 1923. I was
also a participant in the original ÔBeer Hall PutschÕ in 1923. Prior to my
actually joining the National Socialist Party, I was a volunteer in the
Frelkorps which was organized to fight the invading Poles in Upper Silesia in
1921. However, after coming to the United States in 1927, I did not, in any
way, engage in any activities or attempt in any way to further the interests of
the National Socialist Party in the United States. At this time, I did not
really believe the Hitler would ever gain control of the German Government and
even went to the extent of bringing my childhood souvenirs with me to
335
this country. Part of my reason in
coming to America was due to the fact that the remaining party members were
being oppressed and I was constantly under the fear of terroristic acts and
fear of imprisonment and the party had become reduced in number to about on
hundred thousand and I felt that there was very little future in remaining in
Germany.
ÒIn 1933 when my family sent me a
ticket to return, they also told me that I had nothing further to fear inasmuch
as Hitler had come into power and I would be safe upon my return to Germany.
Therefore, as previously stated, I did return to Germany.
ÒUpon my return to Germany, I went
directly to Augsburg where I rejoined my family and where I remained until the
fall of 1933. As soon as my old friends found out that had returned home, they
immediately arranged for met to rejoin the National Socialist Party, although
the enlistment in the Party had been closed on the orders of Hitler due to the
fact that after HitlerÕs rise to power his enemies were trying to join the
Party but inasmuch as I had been an old Party member and was well known, I was
immediately taken into the ranks at Augsburg. However, due to the fact that I
had dropped my membership from the Party when I left Germany in 1927 and did
not send any newspapers cutting or dues or keep in contact with the Party in
any manner at all while I was in the United States, the Party did not give me
back my old Party membership number. It was necessary when I re-entered the
Party for me to serve a probationary period of two months during which time
those in
336
charge would determine if I should be
trusted.
ÒIn the fall of 1933 I met a former
friend of mine who is a Party member and also a member of the Highest Storm
Trooper Command in Munich. When he learned that I was back from the United States,
he told me that I should go to Munich where he would put me to work. Upon
arriving in Munich, I was assigned to the Chief AdjutantÕs Office, attached to
Chief of Staff Ernest Roehm, who, at that time, was Adolf HitlerÕs right hand
man. I reported directly to a man named Bergmann, who was RoehmÕs right hand
man, and, also to Roehm. I traveled as an aide-de-camp to Roehm and Bergmann
and also to other leaders on RoehmÕs staff.
ÒI remained in this position until
June 30, 1934 when Roehm and a great number of Storm Troopers were shot and
killed by the Schutcstaffel (S.S.). Just prior to June 30, 1934, I had been
loaned as aide-de-camp to the head of the Medical Division of the Storm
Troopers (S.A.), named Ketterer. Ketterer was one of the very few who escaped
the massacre because he still had the confidence of Hitler, and I was fortunate
enough to be with him, and as a result thereof managed, also, to escape the
massacre. During my association as an side-de-camp to Ernest Roehm, I saw Adolf
Hitler personally a number of times and shook hands with him.
ÒAfter June 30, 1934, conditions for
the Storm Troopers of RoehmÕs Command changed entirely, nobody trusted us any
more, and our uniform was spat on by the people on the street. I personally
recall one incident where at night in passing an S.S. man on a bicycle, he
called me a traitor and
337
I shot him off the bicycle. Groups of
S.S. members entered our home and private rooms looking for photographs of
Roehm, of which I myself had several, with personal inscriptions, and which
were still hanging on my wall after he, Roehm, was killed. I was taken up for
questioning to the S.S. I asked them what the reason was for intruding into my
personal property. They asked me if I did not think what they did was right, and
after I objected and complained about it, they told me that if I said another
word in favor of Roehm, I would not leave the room alive, to which I answered
that the man talking to me would not leave the room alive either, as I had my
gun with me and I was sure that I was quicker than he.
ÒThe attitude towards Roehm by the
S.S. can be illustrated by the fact that after RoehmÕs body was buried in a
cemetery, groups of S.S. men went to the cemetery and destroyed the marking on
the grave. We old S.A. men were looked on as outsiders and traitors. When Roehm
was still alive, he had given each old S.A. man, a dagger, on which he
personally had his name engraved, and a few dedicatory words. An order was
issued by Hitler that all these daggers had to be collected or the name of
Roehm scratched off the dagger. We refused to do that.
ÒAn inspection was ordered by the S.S.
to search out every Storm Trooper who had one of these daggers with the name of
Roehm still on it, but all of us who had these daggers still carried them as a
symbol of defiance as well as in memory of Roehm.
ÒTo show the attitude of our old S.A.
men, I call
338
attention to the fact that many times
when S.A. men came to their regular meeting, one or two of them would stand at
attention and say ÔLong Live RoehmÕ, and shoot themselves in protest against
the new regime. The S.A. Guard which was still residing at RoehmÕs old
headquarters refused to take any orders from the New Chief of Staff Victor
Lutse, who incidentally is still Chief of Staff of the S.A., and is hated by
every S.A. man under him. Originally the Schutcstaffel under the command of
Himmler was a part of the S.A., which was headed by Roehm, that is, Roehm was
the boss of Himmler. After June 30, 1934, the Schutcstaffel was made
independent and Himmler was put in charge of a new job as Chief of Police, and
also Chief of the Gestapo. This was the beginning of the Gestapo. I am
convinced that in order for Himmler to obtain the full power, Roehm had to
disappear. Joseph Goebbels together with Goering, were also connected with
Himmler in this plot. I have a lot of additional information concerning this
plot, which if desired, can be furnished later.
ÒThe new Chief of Staff Lutze brought
all of his own staff with him to Munich, and I was transferred to Berlin at my
own request. I left the S.A. and went into the Political Division of the
Reichsleitung, which is the highest political division in the party.
ÒThrough all this time, since the
death of Ernest Roehm, there was an opposition growing stronger and stronger
among the old S.A. men. Twelve per cent of the deaths among the old S.A. group
were as a result of suicides because of
339
their discontent with the new regime
and in desperation. Those of us who were the old S.A. members, realized that
the aims of the Party were contrary to what the old Party had originally
planned and, also against the original program which was written down in black
and white in every memberÕs party book.
ÒNumerous concentration camps began to
spring up in a big way and were being filled with the old S.A> men. After
June 30th, the Schutcstaffel got hold of the list of the old S.A.
men and put them on their black list. At the same time the S.A. was cut down
from twelve million to three million and the S.A. existed without any definite
purpose. Hitler himself declared he had lost his confidence in the S.A. and
made the statement that if he ever needed the S.A., he would look for them in
the concentration camps. I realized like many of the other S.A. men that there
was no further future for us in Germany. On the other hand, there was no chance
to leave the party without being placed under suspicion and immediately
arrested as not being trustworthy. I, therefore, began to form my plans to
eventually escape from Germany.
ÒAt this time I was living in the same
house with a Miss Eva Chuetz and her mother. Miss Chuetz was an English girl
born in Singapore. I believe she was half Jewish. She was secretary to the
Chief of the Associated Press Bureau in Berlin. I think the name of the Chief
was Louis P. Lockner. I used to go out frequently with Eva Chuetz and became
very friendly with her. At one time I even considered marrying her. I gave her
tips on certain
340
events in Germany, for instance the
invasion of Austria. Sometime before Poland was invaded, I told Eva Chuetz and
her mother to get out of Germany as quickly as possible, which advice Miss
Chuetz followed. It was no secret in my office that war would start soon. I
also discussed freely with Eva Chuetz and her mother, party conditions and
conditions in general in Germany and told her she might use the information I
gave her for the Associated Press. Before she left Germany, I asked her whether
or not she could, or her friends, be of any help to me to escape from Germany.
She tried but was of no help. I met Lockner, her boss, at a meeting of the
Hochschule Fuer Politik, to which meeting I took Eva Chuetz. Since her
departure from Germany I believe Eva Chuetz is residing in London and she can
confirm the story that I tried to get her to help me escape from Germany.
341
ÒMy work in the particular division in
which I was assigned in Berlin consisted of journalism and propaganda for
internal consumption. In connection with this work, I attended the University
of Berlin, taking courses in journalism and Geo-politics, where I obtained a
diploma in July, 1939. My professor in Geo-politics was the well known
Haushofer, Jr. Professor Haushofer took a fatherly interest in me, which
resulted in my becoming very closely associated with him and his immediate
associates. Professor Haushofer was very closely associated with Rudolph Hess
and Adolf Hitler and is the man who outlined the borders of all the countries
annexed by Germany. These borders were worked out by Haushofer after the start
of the war in September, 1939. The basic on which they were worked was the
number of Germans residing the conquered territory. I personally saw Professor
Haushofer working on this problem.
ÒOne week after graduating from the University
of Berlin, I married Bettina Luscher, who at that time was my secretary. She is
presently residing in Wuersburg with my parents. ÒI was assigned by Professor
Haushofer to do confidential work in Czechoslovakia to report general
conditions in Czechoslovakia and those included reporting the activities of the
Nazi Party members and of the activities of the German people, Polish people,
activities of the Gestapo, as well as other things that came to my attention. I
submitted confidential reports of my observations in Czechoslovakia
342
to Haushofer, who in turn submitted
them to Rudolph Hess.
ÒOn September 1, 1939, war broke out
and I immediately applied to Haushofer for a chance and an opportunity of
traveling to the United States, where I knew English propaganda was mad against
Germany, where I knew I would have a chance to carry out my old plan against
the new regime in Germany. By this time it was not only the idea of getting
away from Germany myself, but as previously stated, I had married and also
wanted to get my wife away. I also had the idea that I could organize from the
United States the old S.A. members who had fled from Germany and who were
scattered all over the world, into a body which I believe would form volunteer
corps to take active part in the fighting and direct propaganda and act as
Fifth Column agents against the present German regime.
ÒProfessor Haushofer got in touch with
the Gestapo, which refused my wish because of my record as a member of the old
S.A. Then in November of 1939 I went to Poland as a special reporter to observe
general conditions in Poland, and also to observe the war activities of the
Party Officials I Poland at that time. I was sent to Poland by the Political
Division of the Reichsleitung. Based on my personal observations in Poland, I
prepared a confidential report and sent on copy of it to the Political Division
of the Reichsleitung and then another copy
343
to Professor Haushofer, who was to
turn it over to Rudolph Hess.
ÒIn December, 1939, I returned to
Berlin to visit my relatives during the Christmas holidays. Then in January,
1940, I sent my assistant to Poland for the same purpose and I followed him to
Poland in February, 1940. I traveled about in Poland by automobile
investigating conditions. I was equipped with identification cards to assist me
in obtaining the necessary gasoline and facilitate my travel throughout Poland.
I also had a certificate, showing that wherever I stopped, Party Officials at
that point should follow any suggestions I offered. The second trip I mad to
Poland in February, 1940, I made by train and established my headquarters in
Lipno. However, I traveled out of Lipno by automobile covering all of Poland in
the vicinity of Lipno. As previously stated, my assistant had been sent by me from
Berlin to Lipno in January of 1940 with instructions to prepare things for me
at Lipno. On the 4th of March at Lipno, I was arrested by the
Gestapo, at which time no explanation was offered to me as to why I was being
arrested. I knew, however, what the trouble was because from the time of my
arrival at Lipno in February, I had constantly had difficulties with the
various Party Officials at Lipno, and it was necessary for me to telegraph the
Gaulieter at Danzig that I had to see him right away and requested an interview
with him.
344
There being no other way of
communicating with the Gaulieter except through the Party OfficialsÕ office, I
was forced to send this telegram through their office. Consequently they knew
that I wanted to see the Gaulieter to complain about them.
ÒThe GaulieterÕs answer came back to
the Party OfficialsÕ office at Lipno by telephone on the afternoon of the same
day the telegram was sent, and that evening I was arrested by the Gestapo on
the instigation of the Party Officials. I was held by the Gestapo for a period
of seventeen months; for the first five weeks I was held in a prison at
Graudentz, Poland and then I was transferred to a prison in a cellar of the
Gestapo headquarters in Berlin, Germany. I was held in Berlin for five or six
weeks and then turned over to the Justice Department of the government, and the
case that the Gestapo had built up against me was turned over to the Justice
Department. One of the charges placed against me by the Gestapo was
falsification of documents. As long as I was in the jail of the Justice
Department on the request of the Gestapo, I was placed near the cells where
prisoners were held who were about to be executed. The case against me was
brought in Court four times but at each time the matter was delayed so that the
case against me could be made stronger by the Gestapo.
ÒFinally the Justice Department
dropped the charges against me and I was returned to the Gestapo. I was taken
to the prison in the Police Praesidium, which is the building of the Central
Police Headquarters
345
in Berlin. The Gestapo also had
offices in this building as well as the prison. This prison is not like the
concentration camp where the inmates work. Here the prisoners are confined to
their rooms and are only given exercise once each fourteen days for ten minute
periods. The cells have no open windows and sixty people are crowded into one
cell. I was kept in this prison for one year. During the entire seventeen
months that I was confined I was visited by the Gestapo and on many occasions
taken over to the Gestapo Headquarters for questioning. One month after my
arrest in Lipno, Poland, my assistant was also arrested by the Gestapo and he
was held for twenty months after which he was released and he entered the
German Army and I believe he is now with the German Army in Russia.
ÒDuring the time of my confinement for
seventeen months as I said before, the Gestapo visited me on a number of
occasions when they tried to put pressure on me apparently for the purpose of
having me dispose of myself. I later found out that the Gestapo visited my wife
who was pregnant at the time and told her that because of stealing money that I
would receive a sentence of eight years in a chain gang. As a result of this my
wife had a miscarriage. The Gestapo also told here to get a divorce from me.
ÒOn July 22, 1941, I was released and
told by the Gestapo I had to report at the Army immediately. They also told me
to put in an application of re-entry into the Nazi Party. Besides that I signed
a declaration
346
that I would not speak of any
experience I had or of any people I met while in the hands of the Gestapo.
ÒDuring the time that I was confined
at the Police Praesidium in Berlin, I became acquainted with a great number of
persons who had been prominent in their home country and in Germany and who for
various reasons had offended the Nazi Party and had been placed in jail. Among
these were an attachŽ to the Polish Ambassador to Germany; a representative of
the Chilean Government who had been sent to Germany to study road construction
and who had been caught selling American dollars obtained from various
diplomats in Germany to foreign people, a Turkish business man in Germany who
had been arrested apparently in retaliation for the arrest of German Nationals
in Turkey and also a citizen of San Domingo.
ÒI planned with Jose Mueller, the man
from Chile, that if he and I ever escaped from the hands of the Nazis we would
go to Chile and organize a propaganda bureau against the Nazi Government and
attempt to show the world just what conditions really are in Germany. I also
promised Mueller that if I was released or escaped before he that I would
attempt to obtain money from his family who were also in Germany but not in
jail and bribe the guards and obtain his, MuellerÕs, release.
ÒAlso in the same cell in which I was
kept, of which incidentally I was the commander, or the leader, there were a
number of prominent Jewish prisoners as well as Catholic priests and many other
nationalities who had come to Germany to work and who had been
347
arrested by the Gestapo. Through my
contact with these people, I knew that they all had relatives back in their own
countries who would only be too glad to assist anyone in directing propagandas
against the Nazi Party.
ÒAmong the prisoners in my cell was a
man named Hamburger, who told me that if I could ever get a chance to get to
New York, I should go see his uncle, a prominent attorney on Fifth Avenue, New
York City, and his uncle would help me establish myself in a position where I
could engage in active propaganda against the Nazi Government.
ÒI also met an ex-art dealer of
France, by the name of George Hoffmann, who told me that if I ever got to New
York, I should contact a certain oil man in New York City by the name of McKee
or McGee. Hoffmann told me that McKee or McGee would be found in a Hotel
Columbia on Fifth Avenue, where he resides permanently when in New York, but
that he traveled considerably. He also told me that McKee or McGee was a
relative of the French Navy Minister, Pietre. However, I have not since coming
to New York, made any effort to contact these people.
ÒAs previously stated, when I was
released from jail on July 22, 1941, by the Gestapo, I was immediately ordered
to report to the German Army in the district where I resided in Berlin.
However, prior to reporting to the German Army I went to the Army Headquarters
on the Tirpitz Ufer, and offered my services to the Intelligence Department of
the German Army in any
348
capacity in the United States, my idea
was to be sent over to the United States so that I could get out of Germany.
ÒThe Intelligence Department of the
German Army would not give me any assurance at this time that they would accept
my services and I was ordered into an Infantry Company and sent to a prisoner
of war camp outside of Berlin, where I did guard duty over Yugoslavian and
English prisoners. The captain of the company that I was assigned to, knew the
detail of my case from the Gestapo reports and told me frankly I would never
have any chance for promotion in the ranks of the Army. I might mention here
that when I was arrested, I was immediately dismissed from the ranks of the
Party. I received a letter informing me of this, but nevertheless, Gestapo
officials made me fill out a written protest against my discharge from the Nazi
Party. The affect of this protest was to retain my membership in the Nazi
Party. The reason for this was that the Gestapo could always maintain party
discipline control over me for all the future, once the protest was made.
ÒThe information that I received from
the Captain, advising me that I would never be able to re-establish myself in
the ranks of the Nazi Party, strengthened my resolve to escape from the
country. However, it would not have made any change even though I subsequently
would have been reinstated in the Party because in the meantime, the old Party
had so changed that it bore no resemblance to the Party I had originally
joined.
349
ÒWith the declaration of the war
between Germany and the United States, a factor arose which further
strengthened my resolve to leave Germany. I, being a citizen of the United
States, felt that my duty was to the United States. I told my wife of this and
she agreed with me and said she would leave Germany with me.
ÒI remained in the Army as a guard at
the prisoner of war camp and in February, 1942, I received a personal letter
from the German Army High Command instructing me that that I should report at
the Tirpitz Ufer in Berlin. The next day I went to Berlin and reported at a
certain room number where I received information that my wish to go to the
United States would probably be granted. They asked me if I was still willing
to go to the United States. I replied that I was. At the same time they called
my captain at the camp on the telephone and questioned him about my character
and behavior while in his command. The captain told them that he had nothing
against my character as a soldier but he felt that he must inform the High
Command that the Gestapo had a case against me and had been under observation.
The party that was interviewing me told the Captain that he knew that. I was
then sent back to the camp. About the 5th of April, 1942, I received
an order to turn in my uniform and report in civilian clothes at a special school
near Brandenburg. No information was furnished to me as to what I was to study
at the school.
ÒI arrived on Saturday, April 11,
1942, at a
350
farm near Brandenburg, which is a town
located about two hours distance from Berlin. This estate is located in a
thickly wooded section, outside the town of Brandenburg, and in general
appearance looks very much like a country farm of a wealthy person. It is
situated on a lake, the name of which I do not know. The estate consists of a
main house and several outlying buildings and a gymnasium, laboratory, one
classroom, garage, two outdoor shooting ranges, one for pistol and one for
rifle, a small tower for conducting experiments.
ÒI introduced myself to the
housemaster and showed him a letter of introduction which I brought with me. I
learned I was the last man to arrive in the particular class, which had not
started yet, and that I was expected. I was then shown my quarters where I
would sleep while I remained at the estate and introduced to a group of men
whom I was told would be my companions while I was at the estate and that I
should get acquainted with them.
ÒUpon leaving Berlin, I was instructed
to report to Brandenburg to the Army Station. Upon arriving at the Army
Station, I was told to move on the Quentz Estate and instructed to take a bus
outside of Brandenburg to the end of the line, after which I would have to walk
about ten minutes before arriving at the estate. I was told that it would be
the only place in the vicinity and there was no chance to miss it.
351
ÒAs previously stated, after my
arrival I was introduced to ten men who would be my companions, I do not
remember the name of the housemaster at present.
ÒThe first person who introduced
himself to me upon my arrival called himself Bill, and told me that he knew me
from Detroit where he had met me at the Kolping House in 1929. I did not
recognize him right away. I subsequently learned that BillÕs last name was
Thomas. Later, realizing that everybody with the exception of myself was using
a fictitious name, I made it my business to find out the real names of the men
and I discovered that Bill ThomasÕ real name is Werner Thiel or Thiele. He
worked as a tool and die maker and at one time lived at Hammond, Indiana and
stated that he was a member of the German-American Bund. He left the United
States with George Dasch on the same boat and distrusted George. In fact, he
organized opposition to George when going from San Francisco to Yokohama. That
was at the time when the F.B.I. controlled passengers leaving on boats to
Japan.
ÒThe second man who stepped up to me
and introduced himself as George John Davis told me right away that I would
belong to his group. He explained to me that we were to study certain things at
the school, at which time he invited me to take a walk with him out on the
estate. George then told me 11 men attended the school on this estate, from
which the 9 best would be selected to go to the United States and I should
352
study hard and outstrip the others
because there were two men in the class who were older and George did not like
them and did not trust them. George then explained to me that at the end of the
course which we were to follow we would have been thoroughly trained in the
work of sabotaging American industries and that we would be sent to the United
States by submarine in two groups, one of four and one of five men. George
stated that the party of which he would be the leader would consist of five
men. He also stated we would land on the eastern coast of the United States at
a spot to be selected later. He then asked me if I still wanted to go ahead and
stay at the school and I told him that I did.
ÒUpon returning to the house, I told
George that I had been in trouble with the Gestapo and George said he knew
about this and he would talk to me later about this. During the early evening I
became acquainted with the other men. I later found out that George John DavisÕ
real name was George John Dasch.
ÒI then became acquainted with the
other men, who were Herman Neubauer, whose false name I do not recall at the
present time. Neubauer had just come back from the Army Hospital near Vienna.
Neubauer was in the German Army in Russia and he was wounded there and was sent
to an Army Hospital in Vienna. Neubauer had two scars on his head; one large
scar located near the front of his ear, but I do not remember on which side of
his head. He also had a scar which was not
353
noticeable on his skull. Neubauer told
me that he was married and his wife was probably in Berlin. Later I met his
wife in Berlin. She talked perfect English but I am unable to state whether she
ever lived in the United States, although I believe she did.
ÒI next met a small sized fellow,
about 45 years of age, whom I knew by the name of Scotty because he looked like
a Scotchman and acted like one. He was not trusted by anyone and came from
Hamburg where he lost his money through women. Later on in the course Scotty
dropped out and I believe that he was sent back to Hamburg. I never learned his
real name.
ÒThe next man that I met was Ernest
Zuber, which is his real name. I donÕt recall his false name. He had been a
subordinate officer in the German Army, fighting in Russia where he had had a
nervous breakdown. Zuber finished the course, but at the end upon his own
request was sent back to the Russian front. Zuber told me during the course
that he had been deported from New York City because of his activities in
connection with the German-American Bund. He also told me that his activities
had taken place in New York. He told me that his activities in connection with
the Bund had consisted of distributing literature and propaganda throughout New
York City. Zuber shared a room with me at the school for the first two nights
and during this time told me he did not believe he would be able to go through
with the course because of his nervous condition. I told him he should go to
the
354
head of the school, who in the
meantime had arrived and whose name was Walter Kappe. I learned that Kappe was
a former editor of a German language newspaper in New York City, probably a
newspaper of the German-American Bund. Kappe says he is well known in New York
and told everyone of us never to mention his name when we arrived in America.
355
ÒThe first time I ever went to Tirpitz
Ufer I was interviewed by two officials who subsequently turned me over to
Kappe because he was head of the espionage and sabotage activities for the
entire United States for the German Army. I learned that Kappe selected the men
to go to the United States for espionage and sabotage purposes for the German
Army. He would also conduct the various groups going to the United States to
whatever point they departed from for the United States, in order to give them
last minute instructions. Kappe accompanied my group to Lorient, France, and
distributed the money to us. Kappe told us that later he, personally, would
come to the United States, when our organization is established here. His
headquarters were to be in Chicago.
ÒKappe told me, because I asked him,
that Reinhold Barth was his righthand man and would precede him to the United
States to take charge of all the groups which were sent to the United States.
Barth, according to my information, will come to the United States and
establish headquarters at Chicago. Later in this statement I will refer again
to Barth in greater detail.
ÒGetting back to Zuber, I learned from
Zuber that he, Zuber, had known Kappe in the United States and as previously
stated, I suggested that Zuber go to Kappe and advise him of the fact that he
would not be able to continue the course. Zuber did this and Kappe suggested
that he finish the course and decide at the end of the course whether he should
drop out or continue with the work. At the end of the course Zuber did drop out
and
356
was sent back to the Russian front.
ÒThe next person I met was Eddie
Kelley, whose real name is Kerling. He was the leader of the second group. I
learned that his wife resides in New York, and that he himself is an old party
member of the German-American Bund in New York City. Although I do not know how
and when Kelley left the United States, he had in his possession a medal given
him by the party in Germany for having a long membership in the party. KelleyÕs
party number was below 100,000, which indicates that he was one of the original
party members when the National Socialist Party was formed. Kelley was not a
member of the S.A. or ever fought for the party.
ÒThe next man I met was Herbert Haupt.
He was what you would call the life of the party and the youngest one of the
party, and he played a few instruments. He had returned to Germany in March,
1942. He made his way together with Jerry Swensen of whom I will speak later,
through Mexico to Yokohama, Japan, on a German freighter running the blockade,
and I believe the route followed was from Japan down around South Africa and
then to Germany. Haupt had received a medal from the German Government for
breaking the blockade and also the Iron Cross, 2nd class. The Iron
Cross and blockade medal were given to Haupt because he had been vigilant in
spotting an enemy ship and in running the blockade in returning to Germany.
Herbert Haupt is his real name as far as I knew. He told me that his father is
president of Deutscher Tag Society in Chicago, which means the German Day. I
think
357
his parents are still living in
Chicago and he stated that his parents did not know he had left for Germany.
They think he is still in Mexico. He further stated that after his return to
the United States he would not get in touch with his parents. Haupt speaks the
best English of any of the first or second group. He told me he went to high
school in Chicago and also studied to be an optician in Chicago, the course
having taken four years.
I noticed that Haupt wears a large
rectangular silver ring about one inch long, bearing the Mexican eagle coat of
arms on his left hand. This ring can be opened and it makes him very
conspicuous.
ÒI would like to add that I consider
Haupt very dangerous. He was formerly a wrestler and a boxer and he is
extraordinarily strong. I consider Haupt to be very cunning but not
intelligent. He is extremely interested in money. Haupt is also a very free
spender and can undoubtedly be found among the cafes and night clubs in
whatever city he may be located. Haupt while we were in Paris enrooted to
Lorient caused considerable trouble at a hotel where we stayed when he refused
to pay a French prostitute for her services.
ÒI found out that the real name of
Jerry Swensen, who came to Germany with Herbert Haupt on the same blockade
breaker, was Paul Schmidt. I learned from Swensen that he had spent many years
as a woodsman and trapper in the northern part of the Province of Alberta,
Canada. Shortly after Germany declared war against England in September, 1939,
SwensenÕs farm in Canada was confiscated
358
and he escaped to Mexico. Swensen
stated he had never before been in the United States but somehow or other he
made his way through the United States to some place in Mexico where he met
Herbert Haupt. It is possible that Swensen and Haupt were assisted in traveling
back to Germany by some German Consulate in Mexico.
ÒIn my opinion Walter Kappe had the
most confidence in Swensen because Swensen was cool and deliberate. He was not
easily excited; he was an excellent shot with a pistol and very probably with a
rifle. I consider him to be the most dangerous men in both groups. He is big,
strong and self-reliant. He does not talk very much and does not associate
readily with people. He keeps more to himself. From SwensenÕs statement I
gathered he was a man without a country and on one occasion he related how he
made money by selling wood alcohol the Indians in Canada. Swensen also on one
occasion requested permission to be sent to Canada to start forest fires but
this permission was refused him. As far as I know, Swensen does not have any
dependents. I consider Swensen to be a very intelligent individual and a very
dangerous one. He has a hot temper and easily flies off the handle if contradicted.
He likes to be right in everything he does and he does not engage in
conversation unless he is the center of attraction. I believe that when Swensen
comes to the United States, if he is mad a group leader and has charge of the
money, that he will take the money and immediately abandon the group and hide
out. Swensen traveled with us to Lorient, France and just before the
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time for the departure or our group
arrived and on the day of our departure, he stated that he was infected with a
venereal disease and he told Kappe he did not want to go along, and he went
away to a doctor. To me, it seemed that Swensen did not want to go with our
group and he dropped out. I fell that one reason why Swensen dropped out was
that he saw he could not be the leader of our group. He tried pretty hard to
become the leader of our group and he tried to agitate the other members of the
group against George Dasch. He also tried to make George and myself suspicious
to Kappe. It is my belief that Swensen means to return to the school and obtain
the leadership in another group which he will bring to the United States later.
ÒThe next man I met was Henry Kaynard,
whose real name I learned was Heinrich Heinck, who came to the East Coast of
the United States with me with our group. Heinck, I learned, came from a
section of New York City called the Bronx. He was the slowest witted member of
our class. In New York City, he was a leader in the O.D., or in other words, a
special guard in the Bund. Heinck is married and has a wife and child in
Germany. I believe that Heinck returned to Germany wither shortly before or
shortly after war broke out in 1939. I donÕt recall the means he took to return
to Germany. I do know, however, that he did not return to Germany by the way of
Yokohama, Japan. Heinck was employed in a defense plant as a mechanical worker
in a plant near Braunschweig. At one time Heinck was a sailor, I believe on a
tanker, but I
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do not know what flag this ship flew.
Heinck was the only one of our group coming across in the submarine who did not
get sick. Heinck was picked to attend this school by Kappe. I think it is
possible that Heinck knew Kappe when both were in New York City.
ÒHeinck was born in Hamburg, Germany
and came to the United States around 1925. He told me that when he got to the
United States he would have to avoid the Bronx section of New York City because
he was very well known there. I donÕt believe that during the time he was in
the United States he had ever been to any other section of the country outside
New York City, except Long Island, where he occasionally went fishing. Heinck
appeared to me to be constantly under the state of fear throughout our entire
trip to the United States and after our arrival here was very apprehensive that
he would be caught upon his arrival in the United States. I believe that if
Heinck were confronted with the facts in connection with this matter he would
readily admit his entire participation.
ÒOne thing I know about Heinck is that
when he once learn something it sticks with him and he should have very well
fixed in his mind the details concerning the formula for manufacturing
explosives which he learned at the school. It would have been impossible for
Heinck to have worked without the assistance of Richard Quintas. As an example
of his utter dependence on other members of the group, it was necessary for me
to go with Heinck to assist him in buying a suit of clothes, as he was
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incapable of making his own selection.
ÒThe last man of this group besides
myself was Richard Quintas. He comes from a good German family who reside
somewhere in the vicinity of Berlin. His father, I believe, was an officer in
the German Army. His real name is Richard Quirien. He is married and has a wife
and child located somewhere in the southern part of Germany. His mother is
living in Berlin and I believe his father is now dead. I believe Quintas
resided in the United States all together about 15 years, during which he was
engaged in the occupation of a tool maker, house painter and also as a domestic
in New York City. He was a member of the Bund, I believe the Brooklyn Unit,
where he was also a leader of the O.D. I do not know just when Quintas returned
to Germany from the United States. However, I know that he worked in the same
defense plant that Heinck was employed at in Germany and was picked by Kappe to
attend the school.
ÒQuintas is very intelligent. He
reacts quickly but he does not carefully think through his actions. He is not
an organizer. He is audacious, fanatically German and loyal to the party to the
highest degree and qualified to do anything demanded of him in this type of
work. He always appeared to be afraid of Heinck. He always feared that Heinck
might talk if arrested or if he drank too much. On one occasion in Paris, Heinck
drank a bit too much and openly mentioned that he was a German Secret Agent.
Quintas knew of this incident and he was always afraid that Heinck might talk.
Quintas has great self-
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control and knows how to regulate himself
when drinking. The only time he loses his self-control is when he becomes
involved with women or in cross questioning, which might confuse him.
ÒNone of the members of the entire
group of men that I have just mentioned were American citizens.
ÒThe following are descriptions
furnished by me of the above mentioned men. These descriptions were obtained by
me as a result of personal observation and conversation I had with these men:
ÒNameWerner Thiel, with aliases
Werner Thiele, Bill Thomas
ÒAge35
ÒHeight5Õ 6Ó
ÒBuildStocky. Formerly very fleshy;
recently lost considerable weight.
ÒEyesDark Brown
ÒHairDark Brown or black, coarse and
straight, heavily coated with oil.
ÒSkinDeeply tanned. Combination of hair
and deeply tanned skin gives Thiel an appearance of an American Indian.
ÒFeaturesFleshy nose, medium eyebrows,
square jaw, dimple on chin.
ÒVoiceCoarse and deep; speaks in slow
monotone, and gives impression of having difficulty in deciding
what he wishes to say.
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ÒPeculiaritiesAvoids looking at person
with whom his is in conversation.
Shabby dresser.
ÒOccupationTool and die maker.
ÒClothes furnished
to wear on arrival Double breasted
dark gray or black suit, very in U.S. soiled; black shoes.
ÒNameHermann Neubauer, alias
Nicklas(?)
ÒAge31-32
ÒHeight5Õ 10Ó
ÒWeight165-170 lbs.
ÒBuildSlender
ÒComplexionYellowish, tan
ÒFeaturesRound face on long neck;
bullet head; ears protruding: scar on left side of face in front of ear about 1
or 1.5Ó long; wrinkled forehead and high arched eyebrows; small black mustache.
ÒHair Black, plastered
close to head; always wears a hat pulled down on eyes exactly straight.
ÒEyes Dark brown, no
expression.
ÒDressGood
ÒWalkErect; appears to be typical
gangster type.
ÒPeculiaritiesOn left hand
wears reddish gold ring of school type with bluish stone, well worn; heavy
cigar smoker.
364
ÒOccupationCook
ÒClothing
furnished Dark blue striped suit; light gray hat; black
to wear on arrival shoes; black silk
socks; chain tie clasp.
in U.S.
ÒNameScottie
ÒAge45
ÒHeight5Õ 2-3Ó
ÒWeight125 lbs.
ÒBuildSlender
ÒComplexion Pale;
freckles.
ÒHairReddish brown, thin,
straight, parted on left side and combed high in front.
ÒFeaturesVery small turned
up nose; heavy reddish eyebrows; face heavily lined; pointed jaw; large ears;
freckles; smooth shaven.
ÒEyesBluish gray.
ÒTeethTobacco stained.
ÒSpeechSpeaks English with
decided German accent.
ÒPeculiaritiesHands are
freckled and covered with reddish hair; fingers are claw-like.
ÒOccupationSalesman.
ÒDressShabby dresser.
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ÒNameErnest Zuber
ÒAge35
ÒHeight5Õ 8Ó
ÒWeight160-170 lbs.
ÒBuildMedium
ÒHairBlack, parted on left
side, straight.
ÒEyesDark brown.
ÒComplexionHeavily tanned,
except for upper portion of forehead where Army cap fitted.
ÒFeaturesRound face; high
forehead; straight nose; square jaw; thin lips; thin, bony ears close to head;
smooth shaven heavy beard.
ÒTeethFair condition,
white.
ÒHandsBony, covered with
black hair.
ÒVoiceSpeaks in slow
hesitant voice; unable to express himself clearly; speaks English with decided
German accent.
ÒPeculiaritiesAvoids
gazing at person to whom he is speaking.
ÒOccupationCook and
soldier in German Army.
ÒNameKerling, alias Eddie
Kelly
ÒAge33-34
ÒHeight5Õ 7Ó
ÒWeight165-175 lbs.
ÒBuildSlender
ÒHairMedium brown, wavy,
parted in middle
ÒEyesGray
ÒFeaturesHigh forehead;
small nose; puffy cheeks; straight mouth; heavy jaw;
366
believed to have dimple on
chin; small ears set close to head; dark heavy eyebrows: smooth shaven, light
beard.
ÒTeethFair condition, white.
ÒSpeechSpeaks very fast,
with slight German accent.
ÒWalkErect.
ÒPeculiaritiesAlways
smiling.
ÒOccupationLaborerÕs
helper; was employed by Propaganda Division of the Foreign Office of the Nazi
Party (A.O.)
ÒClothing furnished
to wear on arrival
in U.S.Medium brown
gabardine suit; no hat; dark brown shoes; and collar pin to hold shirt front
together.
ÒNameHerbert Haupt
ÒAge22-23
ÒHeight5Õ 10-11Ó
ÒWeight190-200 lbs.
ÒBuildVery athletic and
muscular, broad shouldered.
ÒHairBlack, wavy, on which
he uses smelly brilliantine.
ÒComplexionTan
ÒFeaturesHas small head
for size of body; Greek classical features; high forehead, heavy black
eyebrows; straight nose; square jaw.
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ÒEyesGreenish gray.
ÒSpeechTypically American,
no trace of accent; uses considerable American slang.
ÒBeardLight, smooth
shaven.
ÒTeethTwo long prominent
teeth in right and left side of upper jaw.
ÒPeculiaritiesHas peculiar
habit of thrusting lower jaw forward when he breathes, especially when under
excitement, at which time he also has habit of drawing lips back over teeth;
has flat feet, walks with feet thrust out; wears a very prominent heavy silver
rectangular ring about 1Ó long on left hand.
This ring has a large
inscription of a Mexican eagle on it. And it is believed this ring can be
opened.
ÒEducationAttended public
school and high school in Chicago, Illinois; although he is believed to have
been born in Germany and came to the United States when about 2 years of age.
It is known HauptÕs father presently resides in Chicago and is president of the
Deutscher Tag Society.
ÒRemarksHaupt plays piano
and concertina well, and loves to sing. He is a typical playboy type and big
spender.
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ÒOccupationOptician
ÒClothing furnished
to wear on arrival
in U.S.Flashy checkered
light green gray conspicuously patterned coat and dark brown sport shirt open
at throat in form of ÔVÕ of silk or rayon material, with loops instead of button
holes to hold the shirt closed, extending half way down the front of the
shirt;dark brown gabardine trousers; brown shoes.
ÒNameJerry Swensen
ÒAge33-34
ÒHeight6Õ 1-2Ó
ÒWeight200 lbs.
ÒBuildMedium.
ÒHairDark blond, straight,
parted on left side.
ÒEyesBlue
ÒFeaturesBroad receding
forehead; normal eyebrows; long, narrow slightly humped nose; thin lips; thin
firm chin.
ÒComplexionRuddy
ÒTeethTobacco stained
ÒBeardLight, smooth
shaven.
ÒSpeechSpeaks English with high pitched
voice and Swedish accent. Face flushes when he laughs. Frequently interrupts
his conversations with a peculiar laugh.
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ÒHandsBig strong hands covered with
freckles. Has been known to do tricks of bending metal with his hands.
ÒOccupationFarmer, hunter and trapper.
Formerly resided in Province of Alberta, Canada.
ÒPeculiaritiesIs a good shot; quiet,
reticent type.
ÒClothing furnished
to wear on arrival
in U.S.Gray Stetson hat; big size,
wide brim; Dark, faded blue double breasted suit; blue striped silk tie tied to
the shirt by a chain clasp and extremely yellow shoes, large size.
ÒNameHeinrich Heinck, alias Henry
Kaynard
ÒAge32-33
ÒHeight5Õ 9-10Ó
ÒWeight160-170 lbs.
ÒBuildStocky
ÒHairVery thin, brown, parted on left
side.
ÒEyes Gray
ÒFeaturesHigh forehead; normal
eyebrows; nose, straight; medium full lips; round face.
ÒSpeechClipped sentences; low voice;
decided German accent: knowledge of English limited.
ÒTeethFair.
ÒScars or MarksPeculiarly shaped cross
scar on forehead.
ÒPeculiaritiesIs slow moving
phlegmatic type; gives impression he is not sure of himself.
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ÒOccupationMechanic and electrician.
ÒClothing furnished
to wear on arrival
in U.S.Green gray striped double
breasted suit; gray soiled hat and brown shoes.
ÒNameRichard
Quirien, alias Richard Quintas.
ÒAge34
ÒHeight5Õ 10-11Ó
ÒWeight152-153 lbs.
ÒBuildSlender
ÒHairGray, curly
ÒEyesGreen
ÒFeaturesHigh forehead; bent
protruding fleshy nose; sensuous lips; large protruding ears.
ÒTeethFair.
ÒPeculiaritiesHas habit when not talking
of keeping lips apart; walks with a noticeable forward slouch.
ÒOccupationTool and die maker, painter
and domestic.
ÒClothing furnished
to wear on arrival
in U.S.Dark brown gabardine suit and
low brown shoes. In connection with the brown suit worn by Quintas, I have been
shown a brown vest by Special Agent in Charge T. J. Donegan, which I have
identified as belonging to the suit worn by Quintas upon his arrival in the
U.S.
371
ÒNameGeorge
Dasch, alias George John Davis Slender
ÒHairBlack, sprinkled with gray; wavy;
parted on left side.
ÒEyesDark brown or black
ÒFeaturesHigh forehead; hook nose;
thin lips; normal ears; face long and thin; features thin and well defined
ÒTeethUpper jaw, false plate except
for one tooth on each side, stained. Teeth in lower jaw normal.
ÒPeculiaritiesAbnormally
long arms; customarily keeps one hand in pocket or has a newspaper in it.
Usually wears hat worn low on forehead.
ÒOccupationSalesman
ÒClothing
worn upon
arrival
in U.S.Dark brown felt hat; dark brown coat; grayish slacks with square
pattern; dark brown shoes.
ÒResuming my story, it goes as
follows:
ÒAfter having met the above mentioned
men, we were given our first meal
at the school. We were placed at four
tables and general conversation took place but none touching the matter we were
there for. The evening went on and after that we took a walk to a small country
place nearby, a tavern. Much to my surprise on the way to the tavern, the
members of the groups, sand numerous American slang songs in English and
conducted much of their conversation in English. It appeared as though they
were making no effort whatever to hide the identity of the school.
372
ÒOn Sunday nothing of any interest
transpired and we mingled among ourselves engaging in general conversation and
reading American newspapers and magazines which the school had. A number were
dated as late as February, 1942. Among these newspapers were several copies of
the New York Times and among the magazines were Colliers, Life and Saturday
Evening Post. These were all stamped with the mark stating ÒProperty of the
Oberkommando der Wehrmacht, to returnÓ. By way of explanation Oberkommando der
Wehrmacht, means German High Command. I might also add at this point we got
later editions of these papers and magazines, indicating there are some means
by which this material is being sent into Germany.
ÒAfter Monday morning exercise, one of
our group who had been appointed on Sunday as the man on duty, was told to order
the group into the classroom where we immediately assembled. Kappe, whom I
previously mentioned, was there and explained to use that now the course would
begin, the teachers would arrive at 10:00 oÕclock and that we should do our
utmost to keep up in our studies in order to finish the course as quickly as
possible. Kappe told us on the last day or our course we would be told when and
where we would use the knowledge we had learned during the course. Kappe
stressed the fact that everything must be carried on in great secrecy and even
our families should not be told what we were going to do. We were told we would
nt be able to leave the estate, or send any mail, or receive any mail. Kappe
also told us that two of the men who were to be our teachers, were experts in
their line.
373
ÒAlso at this time four men, whose
names were not told to us, came into the classroom and I subsequently learned
that these men were German officers who were attending the classes as
observers, so that immediately after finishing the course, could conduct
similar schools in other parts of Germany.
ÒShortly after 10:00 oÕclock tow
teachers arrived, accompanied by an elderly man who it later developed was to
be used as an assistant in the laboratory. These teachers were introduced as Dr.
Walter Schultze and Dr. Helmuth Koenig. I am not definitely sure of KoenigÕs
first name. I found out later they came from the scientific department of the
High Command and were the ones who designed the equipment which we brought with
us to America. I learned later they also devised the formulas which we were
later taught, and which I will explain in detail later in this statement. With
the exception of an instructor who came on the last day and gave us information
about secret writing, Schultze and Koenig were the only two instructors we had
on the entire course. Immediately after the arrival of Schultze and Koenig, our
instructions began and throughout the entire course Schultze and Koenig
alternated instructing the class an hour at a time.
ÒThe first lecture dealt with general
chemistry and was given as an introduction into chemistry and as a necessary
background for the men in the group who where not familiar with chemicals. Each
man taking the course was required to take notes of the lectures and at the end
of the course these notes were gathered up by Dr. Koenig and
374
destroyed.
ÒAfter the lecture on chemistry, we
were given the following outline of the courses we would follow, during the
time we attended the school:
Ò1. General Chemistry.
Ò2. Light burning mixtures.
Ò3. Ignition therefore.
Ò4. Hard burning mixtures.
Ò5. Ignition therefore.
Ò6. Explosives.
Ò7. Primers.
Ò8. Fuses.
Ò9. Time devices and electrical
devices.
Ò10. Personal history and background
to be used to cover our future activities.
Ò11. How and where to use knowledge
gained.
Ò12. Secret writing.
Ò13. Inspection of industrial plants,
canal locks and railroads.
ÒIn connection with the light burning
substances, the course of lectures consisted of instructing us in the names of
various substances, which could be openly purchased at any drug store without
creating any suspicion.
ÒWe were instructed that the following
mixtures properly mixed, would form light burning substances. In this
connection I am certain that the following mixtures are correct as to substance
but I don not recollect at the present time the proper proportion in which they
are to be mixed. There are four formulas as follows:
375
ÒFormula No. 1 consists of a mixture
of 90 parts of saltpeter (calium saltpeter), 20 parts sulphur and 10 parts
flour.
ÒFormula 2 consists of 100 parts of
Chile saltpeter. The other constituent of this formula I have at the present
time forgotten, but I believe it is powdered sugar. This formula consists of
only two parts.
ÒFormula No. 3 consists of 200 parts
of Chile saltpeter and 100 parts sawdust.
ÒFormula No. 4 consists of saltpeter
(calium saltpeter), water and sawdust. I do not recall at this time the amounts
of each item necessary to prepare this mixture.
ÒIn connection with igniting the light
burning mixtures, we were instructed in the use of two types of ignition.
They are:
Ò3 Parts calium chlorate, 1 part
powdered sugar and this will ignite when placed in contact with one drop of
sulphuric acid.
ÒThe second type of ignition used I am
not certain about. I believe it consists of calium permanganate and aluminum
powder which has to be ignited by a fuse or some other device. This substance
will not react to sulphuric acid.
ÒWith respect to the hard burning
substances, there are three which are as follows: I donÕt recall the correct
proportions which are used to compound this formula.
ÒFormula #1 - caput mortuum
aluminum powder
ÒFormula #2 - mixture of iron cinders
aluminum powder. I also fail to recall
the proper proportions to compound this
376
mixture.
ÒFormula #3 - plaster Paris
aluminum powder. As in the two
formulas, I also do not recall the proper proportion for compounding this
mixture.
ÒIn contrast to the light burning
mixtures which can be lit by a fuse or a match, the above three mixtures cannot
be lit by a match or fuse alone. There has to be a medium placed between the
fuse and the mixture which consists of one of the two ignition means, both of
which I have already given, although I am only sure of one.
ÒI am unable at this time to recall
any exact information concerning the instructions we received regarding
explosives. I would prefer to furnish this information later, after I have had
more time to recollect, or until the paper bearing the formulas which I know I
lost at a certain spot near where I landed at Amagansett, is found.
ÒWe were next instructed in the
preparation of one kind of primer filling which was to be used after we had
exhausted the supply of primers which we were to be furnished with. I recall we
were instructed to construct a paper cylinder the size of a pencil and close
one end. Into the other end was to be inserted the filling which consisted of a
very dangerous explosive, the formula for which I cannot remember, although it
is written down on the paper which I have previously mentioned as being lost.
After the powder has been inserted into the end of the cylinder, the fuse is to
be inserted. I recall that it takes several days to load this cylinder due to
the filtering process through which this powder must go. As previously stated,
this is
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the only primer we were to use.
ÒWith respect to fuses we were taught
there are two kinds; first, the standard type or slow burning fuse, and
secondly, a detonating fuse. We were taught to build the slow burning fuse.
However, we were taught at the school that it would be very easy to purchase
slowly burning fuses where we were going. We were taught that this could be
constructed of paper in cylindrical form, this paper having previously been
impregnated with water glass and the cylinder then filled with a dark colored
powdery substance, the formula of which I do not recall. I think that this
latter substance may have consisted of calium permanganate, a little oil and a
third element, the name of which I cannot recall. The practice fuses we mad
were very short. I wish to point, however, that we were taught never to use
fuses unless absolutely necessary, electrical devices being much safer and
giving greater protection and period of time to the user.
ÒThe next topic we studied was time
devices. The course in time devices was conducted under two headings:
Ò1. electrical devices.
Ò2. mechanical devices.
ÒWith respect to mechanical devices,
the following are the methods in which we were instructed of constructing different
types of timing devices:
ÒMechanical Device #1.
ÒA glass test tube about one-half
filled with ordinary green peas over which water is poured and on top of which
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a loose cork disc is placed having one
electrical contact extending out of the neck of the test tube. In the top of
the tube is tightly inserted a cork, on one side of which is cut a channel
through which the wire attached to the floating cork can pass loosely. Through
the center of the tightly fastened cork is placed a brass screw. To the top of
this brass screw is attached an electrical connection. The electrical
connection to the floating cork is attached to the floating cork by a small
brass screw located in the center of the floating cork. The expansion of the
peas caused by the soaking in the water gradually forces the loose cork upward
until contact is made between the screw in the loose cork and the screw
extending downward through the cork in the neck of the test tube, thereby
establishing contact.
ÒThe size of the test tube, the number
of peas and the distance between the two brass screws, decide the time required
to establish the contact. We were instructed before using this device to
experiment with it so that we would know the exact time required to make it
effective. I have made a drawing of this device which I have designated as
Drawing No. 1, which I wish to have made a part of this statement.
ÒMechanical Device #2.
ÒAn ordinary tin can through the
bottom of which a small pin hole is punched to permit the exit of water in the
form of drops. The size of the hole controls the amount of time required to
establish the contact in this device. Across the top of the open end of the can
is stretched
379
uninsulated wire with a small loop in
it. From this wire extends an electrical contact. The can is then partially
filled with water and a cork is floated on the water from the top of which
extending upward is an insulated wire, the end of which extends above the top
level of the can. The distance that this insulated wire extends above the top
of the can also aids in controlling the amount of time necessary to make the
contact. Attached to the top of this insulated wire is another electrical
connection of soft wire. As the water slowly recedes in the can, the cork sinks
downward until the electrical connection on top of the insulated wire makes
contact with the electrical connection passed across the top of the can.
ÒI have also made a drawing of this
device, designated as Drawing No. 2, which I also wish to be made part of this
statement.
ÒMechanical Device #3.
ÒThis is designed to start fires and
is used to ignite calium chlorate and a powdered sugar mixture, which in turn
will ignite any light or hard burning mixture. This device consists of an
ordinary small medicine bottle about one-half full of sulphuric acid. In actual
use the bottle has to be turned upside down. Over the neck of the bottle is
placed a thin layer of ordinary paper, securely fastened into place by paraffin
insulation around the edges. The center portion of this paper has no paraffin.
Common typewriting paper will give a timing of four to six hours, a postal card
will give a timing of ten to twelve hours, and a playing card
380
will give up to twenty-four hours
timing. When the bottle is inverted, the sulphuric acid eats through the paper
and causes the calium chlorate to ignite. It is noted that calium chlorate is
the only mixture on which sulphuric acid will react, causing a flame. In using
this device a paper bag is placed over the neck of the bottle, the opening of the
paper bag being tied tightly around the bottle. Inside the bag is placed the
mixture of calium chlorate and powdered sugar. The bottle is then inverted so
that the bottom of it extends up from the mouth of the paper bag and the paper
with the mixture of calium chlorate and powdered sugar is partially buried in
either the light or hard burning mixture.Ó
The Attorney General. I thought the
Commission might be interested in having the drawings (handing drawings to the
Commission).
Colonel Munson (reading):
ÒI have made a drawing of this device
which I have numbered Drawing N. 3 and which I wish to include as a part of
this statement.
ÒMechanical Device #4.
ÒThis consists of a small open container
of water, into which is suspended an ordinary key ring, the prongs of which are
held apart by a piece of rock salt which is immersed in water. Above the
surface of the water attached to both sides of the key ring prongs, secured
around an insulated section, are two electrical connections. When the salt
melts, the key ring acts as a spring and snaps
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together, completing the electrical
circuit.
ÒI have made a drawing of this device
which I have numbered Drawing No. 4, which I desire to be a part of this
statement.
ÒMechanical Device No. 5 consists of a
small box, preferably about the size of a penny box of safety matches, into
which is placed crosswise an ordinary razor blade bent in a slightly concave
position. Against this blade is placed a stick of hard rubber which has been
previously soaked overnight in gasoline. Attached to the razor blade is an
electrical wire leading in from the outside of the box. Inserted in the
opposite end of the box from the razor blade is another electrical connection.
As the hard rubber stick contracts, due to the evaporation of the gasoline,
electrical contact is made due to the straightening out of the razor blade. In
actual practice, we were told that this device is not as satisfactory as those
that I have previously described. I have made a drawing, which I have numbered
5, of this device, and which I desire to be made a part of this statement.
ÒThe next mechanical device in which
we were instructed consists of an ordinary pocket watch of cheap construction
with a face of celluloid or some unbreakable substance. On the face of the
crystal, generally opposite 6:00 oÕclock, a small hole is drilled into which is
inserted a metal screw to which is attached an electrical wire. Another
electrical wire is then attached to the main stem of the watch. The watch can
then be set for the number of hours desired to
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time the explosion, and, when the hand
on the watch moves around, it contacts the screw coming through the crystal of
the watch, and the complete circuit is made. To illustrate this, I have
prepared a drawing, No 6, which I desire to be made a part of this statement.
ÒA contact device in which we were
instructed consist of a round flexible rubber ring about three-fourths of an
inch wide over and under which are placed two metal plates to each of which is
soldered an electrical wire. Between the plates and inside the ring is placed
an ordinary metal thumbtack so that when any person or any object depresses the
top plate resting on the rubber ring, contact is immediately established. This
device is constructed on the same principle of some land mines. We were told
that this device could be placed in varying sizes under rugs or in a door jam,
and also that it would be very effective in elevator shafts. I have prepared drawing,
No. 7, of this device, which I desire to be made a part of this statement.
ÒAnother contact electrical device, in
the manufacture of which we were instructed, consists of a double strand of
wire, the end of each strand being skinned and one strand longer than the
other. The longest strand is then twisted around the bare end of the shorter
strand in spiral fashion in such a manner that neither of the wires touch.
Where the insulation ends on the wires, a coating of sealing wax is placed to
hold the wires apart. After the wires are arranged as above described, the
exposed end is then dipped in a mixture of resin and paraffin, which
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effectively insulates the two wires
and holds them apart. This device can then be placed on a railroad track with wires
running to the explosive, and the pressure of a locomotive wheel passing over
the head of this device will grind away the coating of resin and paraffin and
cause the contact between the two wires to be established. I have made drawing,
No. 8 of this device, which I wish to be made a part of this statement.
ÒAnother timing device is operated by
the mechanism of the clock is removed from the case and into the center shaft
of the main spring one electrical wire is attached. To a rubber plug placed
away from the outside of the main spring another electrical wire is placed so
that when the spring unwinds to its maximum distance, it touches the wire bound
to the rubber post, thereby closing the electrical circuit. I have prepared a
drawing of this device, No. 9, which I desire to be made a part of the
statement.
ÒDevice No. 10 has to be used in
connection with a timing device, and is used for incendiary purposes, not
explosives. This device consists of a twisted pair of wires, the ends of which
are bare for a distance of about one-fourth of an inch. They are held apart at
the base of the insulation by sealing wax. Between the ends of the exposed
wires is stretched a very fine thin wire strand connecting both wires, over
which is placed a coating of paraffin substance to protect the thin wire while
it is being placed in a position to be used. Any other substance, like newskin,
can also be used to protect this thin wire.
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This end of the wire is then placed in
a bag filled with calium chlorate and a powdered sugar mixture. The timing
device attached to this equipment then can be set, and at the designated time
the circuit is closed causing a short circuit on the thin wire, which burns up,
and instantly melts the protecting cover and fires the mixture of calium
chlorate and powdered sugar. This, in turn, sets on fire the light-burning
substance in which the above unit is buried. I have prepared a drawing of this
device, No. 10, which I desire to make a part of this statement.
ÒWe were also instructed in the use of
a manufactured timing device which is a small black, flat, oblong object. This
piece was complete in itself I every detail and discharge the primers. It could
be used for incendiary purposes, as well as detonating explosives, and could be
timed for a period as long as fourteen days. When we arrived in the United
States, were brought along with us on the submarine a supply of these devices.
ÒWe received instruction in the use of
incendiary pens and pencils, a supply of which we brought with us on the submarine
to the United States. These pencils were to be used solely for the purpose of
starting incendiary fires and were designed to be placed in a paper bag filled
with light--or hard--burning substances.
ÒAs previously stated a training
period for the week commenced on Monday morning and ended Thursday evening. On
Friday and Saturday much of our time was taken up with devising stories about
our background to be used when we
385
entered the United States.
ÒThe next item in the use of which we were
instructed was imitation coal blocks covered with a plastic material, and
painted black. These blocks ate formed like coal and painted like coal. They
are roughly in the shape of a square, on one side of which is a hole, into
which the primer will explode at lower temperature tan will the bomb. Without
the primer, the bomb would burn harmlessly, but with the primer, the necessary
impact is supplied to create the detonation.
ÒThere are two types of primers used
with the time clock which I previously mentioned. One was to start an
explosion. The other was to start a fire. We brought a supply of these primers
with us when we came to the United States. However, I would have to see and
examine each one before I could definitely state which is used for explosions
and which is used for fires.
ÒThe primer used to ignite the coal
bomb is still a different type of primer than the above mentioned. This primer
is very similar to the two types used in the time clock, with the exception
that it may be a little longer. When we came to the United States, we brought
with us a supply of unloaded primers to be used for practice and also in order
to gauge the right size of holes to drilled into explosives.
During our training at the school. The
only ready-made explosives that we worked with consisted of a yellowish,
386
hard substance, the chemical content
of which I am unable to give. This material is a very powerful substances and
immune to shock. It can be saved, out, hammered, thrown around, and stepped on,
with no reaction. The only possible way this material can be exploded is by
detonating it with a primer. We brought a large quantity of this substance with
us when we came to the United States.
ÒEach day, we would first attend
lectures, at which time the theory of the various explosives, primers, timing
devices, and fuses was explained after which we would actually engage in the
manufacture of these explosives, fuses, primers and timing devices in the
laboratory on the grounds of the estate. As previously stated, we were required
to take very complete notes concerning the lectures and the experiments. In
addition to our laboratory work of preparing these explosives and other
material, we were also required to conduct experiments in the use of this
equipment. In connection with the actual experiments conducted, everything
possible was done to simulate conditions under which we would work in the
United Stated. The instructors in the scho9ol acted in the capacity of guards,
and we were required to operate in such a manner as not to be seen by the
instructors.
387
ÒWe were required to examine the spot
which we were to destroy and figure out exactly the amount of explosives
necessary to destroy it, also, we were required to determine the kind of
explosives necessary. During this course, we were given very detailed
instructions on how to determine the necessary type of explosives to be used in
order to destroy a certain object constructed of wood, steel, or iron, and also
the exact amount. We were also taught exactly where to place the explosive to
get the maximum results. Our objective was not complete destruction by the
force of the explosion, of the structure or object against which it was
directed, but mainly to so weaken the structure that it would subsequently
collapse.
ÒAmong the various things on which we
practice were wooden posts buried in sand, and iron tracks laid on the ground
of the stated. We were taught how to judge the exact amount of explosives and
type of explosives needed, by measuring the thickness of the object that was to
be destroyed—depending upon whether it was wood, steel, or iron
ÒSeveral times during the course, at
the noon recess, we would be given instructions on a piece of paper, directing
us to perform certain acts, as a test. There were always two men working
together. The decision as to what type of explosive to be used or what type of
incendiary material was used, was up to the men; also the manner in which the
test was performed and left to the men, as well as the manner of approach and
departure.
388
ÒDuring these tests, as I have
previously stated, the instructors at the school acted in the capacity of
guards of the place that we were to approach. In order to make it more
difficult for us, the instructors had placed various obstacles around the
objects that we were to destroy, in the form of small charges of explosives
which would not injure anyone. The instructors would also simulate attacking
us, in order to make us be more careful and avoid detection.
ÒIn every test conducted by the
school, everything possible was done to imitate actual conditions under which
we would be expected to operate when we reached the United States.
ÒAbout twice a week, Kappe would take
us, in a body, to the previously mentioned tavern, where we would have an
evening free and could enjoy ourselves. During the walks over to the tavern,
Kappa would engage in conversation with various members of the school. It was
apparent that his object in doing this was to draw out the student and learn
his attitude concerning the school and possibly determine, in his own mind,
whether the student would be capable of going through with the assignment. I am
also certain that another objective of LappÕs in going to the tavern with us
was to observe the reaction of the members of the school after consuming
intoxicating liquors. Although there was no restriction on the amount of beer
or whiskey we could drink, no one ever got drunk. George Dasch and Eddie Kelly
also conducted similar tests
389
with members of their own groups.
ÒAs a result of these tests, it was
determined that Scottie, whom I have previously mentioned, was not capable of
continuing in the school, and he was sent back to Hamburg.
ÒIt was during one of these tests
conducted by George Dasch that I first got together with him and began to bet
some idea that he was not the absolute Nazi which he pretended to be. This
particular incident was during the first week in school—some time between
April 13th and 17th. I also noticed that from this time
on, Dasch had difficulty with the course and had considerable difficulty with
the instructors. He frequently came to classes late, and insulted the
instructors by his behavior. He would keep his hands in his pocket when it was
necessary to stand at attention and Heil Hitler. As a result of this, everyone
became suspicious of Dasch. It appeared to me that he was attempting to find
out just how far he could go against the authorities at the school without
being fired. Dasch later explained the situation to me as being caused by the
fact that his nerves were beginning to upset him and that he couldnÕt force
himself to go through with something that he really hated and despised.
ÒThe previously-mentioned Heinhold
Barth, during one of his visits to the school, gave a lecture on American
railroad systems, using genuine American photographs, plans, and drawings as
material, which he showed around the class. This first lecture about the
railroads.
390
consisted, in the main part, of the
main lines covering the United States. He pointed out all of the major terminal
points in the United States. He also instructed us in the condition of the
rolling stock of the various lines throughout the United States, telling us
which lines had old equipment and which had neglected their rolling stock. He
also illustrated to us the different types of engines used, their average speed
of freight trains in the United States.
ÒBarth also pointed out to us the
important bottlenecks in the railroad systems in the United States, so that we
would know the important places where damage would create the greatest loss.
Barth impressed me as being a very smart and able man, although he was no
speaker.
ÒSubsequently, Barth took the entire
class to the railroad yards in Berlin for a personal inspection tour of the
equipment there, and, while there, demonstrated to us the weak spots on box
cars, freight trains in general, like, for instance, the bearings, the oiling
systems, the brakes, the engines, the tracks, the block signaling operation,
the switching devices, and also how to run the engine.
ÒThe day before the course was
concluded, we had a two-hour course in secret writing, consisting of theory and
practice. The first part of the course, a period of one hour, dealt with secret
writing on clothes and two or three different ways of placing secret writing on
paper.
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ÒThe first method of secret writing on
paper is as follows: First, a piece of paper is completely immerse in a dish
full of water and allowed to remain until thoroughly soaked. It is then removed
from the bowl of water by holding two of the corners, allowing the excess water
to drain off, so that it will not become wrinkled. The paper is then laid flat
on a glass surface, and over it is placed a dry sheet of paper, with a pressure
strong enough to touch the sheet underneath, you write with a black pencil,
after which the dry sheet is removed, and you allow the wet sheet to remain on
the glass until it dries thoroughly. The writing is then invisible. In order to
reproduce this writing, all that is necessary to do is to place the paper again
in water, when it will how black. We were instructed that after the paper
thoroughly dries, we should type a camouflaged letter over the secret writing,
which is customary.
ÒThe second method of secret writing
on paper I cannot recall. This formula was written down on the piece of paper
which I have previously mentioned as having been lost on the beach at
Amagansett, Long Island, when I landed from the submarine. I do remember that,
in order to make it visible, glycerin is used.
ÒThe third method to be used on paper
consists of a tablet of aspirin dissolved in a fluid, the name of which I donÕt
remember. I donÕt know if the aspirin is used for the reagent or the writing.
ÒTo write on clothes, one teaspoon of
alcohol
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is put into a glass in which a
laxative which will turn the alcohol red. To make the writing reappear, I am
quite sure a mixture of cigarette ashes and some fluid is to be used. I donÕt
recall the formula, but would like to state that it is written on the
previously mentioned paper I dropped out in Long Island.
ÒAs a pen to write with, a toothpick
is used. The point of the toothpick is covered with a piece of cotton, which is
very tightly bound and formed to a point. The cotton on the top of the
toothpick will absorb the water, and in applying it to the paper, no trace of
imprints will be made, so that the writing will be entirely invisible.
ÒI want to state here that in all the
methods used, the writing immediately disappears and no trace is left on the
paper of any writing having been done.
ÒOn Friday and Saturday of each week,
during the course, we were required to spend considerable time in perfecting
the stories as to our background and occupations, to be used after we arrived
in the United States. WE would all be gathered together in the classroom, and
discussions were had by everyone as to what was considered the best story that
each man could tell.
ÒFor instance, Henry, because of his
resemblance to the Eastern European type, was suggested to pose as a
Lithuanian. This was KappeÕs suggestion, who personally conducted these
classes.
393
ÒKappe, through his knowledge of the
various members of the class, made numerous suggestions as to what background each
member of the class was to adopt upon arriving in the United States.
ÒGeorge suggested that I pose as a
Jewish refugee. However, it was KappeÕs suggestion that I was to pose as a
Czechoslovakian refugee and that I had arrived in the United States as a
stowaway on a Spanish ship. However, during the last few days of the course I
decided that I would return to the United States under my own name. I talked
with Kappe and obtained his permission.
ÒKappe then took my naturalization
certificate, on the back of which was the rubber stamp impression, Passport
Issued, showing that I had left the United States in 1933 to return to Germany.
Kappe took this paper away with him the day before my departure from Berlin,
after the school the school was over, and returned the paper to me with this
stamp removed. The story that I then was to use was that I had never left the
United States.
ÒQuirien was to use the story that he
was born in Lisbon; that his parents came to the United States when he was a
small child—I believe two or three years old, which would explain that he
could not talk the Portuguese language; that his father deserted his mother.
Quirien was supposed to have been employed principally as a farm hand
throughout the United States, and was never supposed to have left the United
States.
ÒWerner Thiel, one of the members of
the second group, was to assume the story that he had been born in
394
Upper Silesia and that he had
emigrated to the United States with the entire population of his village; also,
that Upper Silesia, at the time of his supposed entry into the United States,
belonged to Poland.
ÒHerbert Haupt had his own story about
being born in the United States, which was perfectly o.k., because, as
previously stated, he had attended high school in Chicago and spoke the English
language with no accent whatsoever.
ÒSwenson was supposed to be of Swedish
descent, to have first emigrated to Canada to the United States, in order to
buy a farm.
ÒI believe Herman Neubauer was to give
some sort of story that he had been a cook on a ship and had jumped the ship at
a United States port and remained there. I donÕt know what story Eddie Kelly
had prepared.
ÒKappe would frequently act the part
of questioner and examine the story of each man. As a result of this, the
stories were continuously being changed until they were satisfactory to Kappe.
Even the day we left Lorient, France, Kappe tried to change my story.
ÒEach man in the group was furnished
by Kappe was a false drat registration card, with the exception of Herbert
Haupt, who I am quite sure didnÕt get one because he was so young. Haupt, as I
recall, was instructed actually to register for the draft when he
395
returned to the United States. I was
under the impression that these false draft registration cards were made in
Germany. However, it was general talk around the school that the cards had
actually been sent over to us from the United States.
ÒWe were also supplied with false
Social Security cards by Kappe. The same thing applies to these as to the draft
cards. I am not certain as to whether they were made in Germany or whether they
came from the United States.
ÒMy draft registration card and Social
Security card are in my bill fold, which is now in the possession of the
federal Bureau of Investigation.
ÒThe Social Security cards were filled
out by typewriter when we received them. The draft registration cards for our
group were filled out in ink on George Dasch.
ÒOn or about the last day of the
school, Barth and Kappe gave a lecture on how and where to use the explosives
which we had been studying during the past three weeks. Barth and Kappe had a
small map of the United States, on which were printed the names of aluminum and
magnesium plants, showing their exact locations; also another map showing the
important railroad centers and bottlenecks, such as bridges and tunnels. Also,
there was another map which showed a complete picture of the waterway
transportation system of the United States, indicating all important locks.
They also showed us a photograph of
Hell Gate Bridge in New York City, which, they told us, carried
396
the man traffic into New York City
from the north. Barth described the construction of the Hell Gate Bridge, and,
as I recall it, explained that it was constructed of metal plate and not
structural iron and that it would be quite easy to damage this bridge.
ÒKellyÕs group was given the specific
assignment of damaging this bridge after they became established in New York
City.
ÒThe maps which they showed us about
the magnesium and aluminum plants also showed the yearly output of each of
these plants. In addition to that, they showed us a map on which was indicated
the location of plants under construction or to be constructed. We ere shown
the exact routes used to transport ore to all of the aluminum and magnesium
plants.
ÒThe last and final part of the
schooling was a personal tour of aluminum plants of the I.G. Farbeninsustrie,
located in the vicinity of Berlin, at Bitterfeld and Dessau. They are the
largest aluminum and magnesium plants in Germany. This inspection was conducted
by Kappe; an official from army headquarters; another man from the scientific
department of the High Command, whose name was not given to us; out teacher,
Dr. Schulz; Dr. Koenig, and the managers and first director of the plants. This
inspection tour lasted for a period of two days, during which time we were
shown the various bottlenecks existing in each plant, the destruction
397
Of which would totally disable the
operation of the plant for a certain length of time.
ÒAs far as the aluminum plants are
concerned, there were three different facts pointed out to us. First, an
aluminum plant works on electric power, and therefore the high tension poles
carrying the power into the plant would be the first and most vulnerable point
of attack. These poles, we were told, are constructed in the same manner in the
United States as they ate in Germany and are easy to damage, which, of course,
would tear down the entire power line. It was very carefully pointed out to us
how to differentiate between main sources of power and auxiliary lines. We were
instructed that any damage planned to an aluminum plant should always be
carried out by a group of not less than four persons, inasmuch as there were
too many spots which had to be destroyed at one time to permit less than four
men on any one job of this type. It was pointed out that if we were able to
disrupt the power imput for eight hours, it would destroy all the stoves and
baths in which the aluminum is manufactured. We were also told that once the
power is interrupted from the stove and the bath, after a period of eight hours
the contents of the stove and the bath congeal and destroy the stove and the
bath.
ÒThe second spot in the aluminum
plants we were told, is the transformers, identified from the outside by a very
slight humming noise and also identified through the peculiar construction of
the roof over
398
the transformers. We were told that
these transformers would probably always be located somewhere near the smoke
stack and power house of the plant. In order to destroy the transformers, we
were told to locate or to place our explosives underneath the transformer where
the oil cooling system is located, and that the resultant explosion would damage
the oil cooling system, causing it to drain, thereby effectively destroying the
power
ÒWe were also instructed in the method
of destroying transformers from a certain distance. We were told that an
effective method of destroying a transformer from a distance would be by using
a rifle with a high-powered shell, shooting between the ribs of the cooling
system.
ÒAnother vulnerable spot in plants,
which was pointed out to us, was what I call the equalizer, which, we were
told, would be generally found very close to the transformer, generally in the
same building. To destroy the equalizer, we were told that all that it would be
necessary to do would be to turn the valve at the base of this equipment, to
out off the water supply, and put a small crack in a porcelain insulator
located on the top of the equalizer. It appears that the inside of this
equalizer was a vacuum and the slightest crack caused in the surface of this
insulator would permit the air to get in, and, coupled with the shutting off of
the water from the cooling system, the equalizer would be destroyed.
399
ÒIn addition to all the foregoing, we
were also shown the control room for both the equalizer and the transformer
sections, and saw the man who supervises the control of this equipment. We were
told that is would be necessary, in order to effectively damage the equalizer
or the transformers, to control this man. We were specifically instructed not
to carry any firearms, knives, or blackjacks.
ÒI might mention at this time that,
during the course, I specifically asked the question as to whether there was
any bacteria or poison warfare planned. I was told quite definitely that no
plans had been made for any warfare of this type; also, that we were not to
approach anyone or attempt to buy anything of that kind in the United States,
as they were sure that the United States did not intend to engage in any of
that type of warfare.
ÒAs an illustration of how easy it was
to gain access to aluminum plants, the director of the plant related to us a
story of how at one time in their plant twenty-seven of their special guards
had been instructed to assemble at a certain point and attempt to gain access
to the plant and to plant dummy packages of explosives, after which they were
to reassemble, if not detected, at the original point of assembly. We were told
that all twenty-seven of these men succeeded in gaining entrance to the plant
and accomplishing their mission. And that twenty-six of the twenty-seven left
400
the plant without detection, only one
man being caught.
ÒAt a dinner we had at this plant
before we left, I asked the director what precautions were being taken now to
guard the plant, and he explained that the guards carried carbines. A little
later, I was walking around the grounds of the plant and saw one of the guards
with a carbine on his shoulder, being an Army man, I immediately noticed that
the rifle was unloaded and advised the director of this fact. He confirmed my
opinion when he called the guard over and examined the rifle in my presence.Ó
The Attorney General. May I
respectfully suggest to the Commission that we take a five-minute recess?
(At this time a short recess was
taken. The following then occurred:)
401
The President. The Commission will
open.
Colonel Munson. The personnel of the Commission
is present; all the accused are present. Captain Hummell, of the defense, is
temporarily absent. The full staff on each side has now returned to the
courtroom; the reporter is also present, and we are ready to proceed.
(The reading of the statement of
Ernest Peter Burger was resumed as follows:)
ÒGeorge and I also noticed numerous
other means of easy entrance into the plant and my purpose in stating these at
this time is that if any means are found to sabotage any of the industries,
this information I am furnishing may be some help. I wish to draw special
attention to the big air openings outside the building, in which the
transformers and equalizers are located, which lead directly underneath the
transformers. Any explosive placed in one of these openings would without doubt
destroy the transformers.
ÒI believe I have previously mentioned
the fact that Scottie, who was in the class, was generally distrusted and by
the time the class was almost over nobody would talk to him. Consequently
before the end of the class Scottie was sent back to his hometown.
ÒI know that in the case of Herbert
Haupt, instructions were given to the rest of the group to watch him closely as
he was not trusted by Kappe and the teachers, and it was believed that if he got
a chance to double cross the group after his arrival in the United States, he
might do so purely for money.
ÒOne of the things I forgot to mention
about the
402
work of the school, was our practice
in landing maneuvers. As I previously mentioned there was a small lake on the
grounds of the estate, and about three or four times during the course we
practiced landing on the beach in a light rubber boat and collapsible rubber
boat. The collapsible rubber boats did not turn out as one turned over and Herbert
Haupt and Eddie Kelly almost drowned. Therefore, it was decided that when we
landed in the United States, rubber boats would be used.
ÒOne thing that I wanted to point out
about Dr. Schultze, whom I previously stated is absolutely against the present
regime in Germany, is that he belongs to the same old group of S.A. that I
belonged to. Schultze is just waiting for an opportunity, perhaps a revolution
against the regime, in which he can take part. Schultze lost his former job as
an oil expert because of the Gestapo, which he hates. On the other hand, Koenig
is very fanatical in his views and loyal to the regime, but is against the
Gestapo because he is ambitious and is afraid of the competition of the
Gestapo.
ÒTo illustrate this point, I learned
that when the Gestapo recovered the parts of the time bomb used in the Munich
Beer Hall explosion of November 9, 1939, at which time Hitler almost lost his
life, the Gestapo refused to allow Koenig to obtain any of the details about
the construction of this bomb. I might add that it is the practice of the
Gestapo not to give the Army any information about their activities, and the
Army will not give the Gestapo any information about theirs. This is point-
403
ed out to illustrate the friction between
these two organizations, and there are also other organizations, between which
organizations and the Gestapo friction exists to the point where each cordially
hates the other.
ÒIn connection with the two-day tour
which we took of industrial plants in the vicinity of Berlin, we also visited
the magnesium plants operated by the I.G. Farbenindustrie. However, it was
pointed out to us that special groups would be trained to handle these
industries. I was unable to learn whether these groups were being trained at
the present time or whether they would be trained later, and whether they would
be trained at other places in Germany. However, if not already pointed out, I
know that the four German officers who attended all classes at the school were
there for the purpose of observing the teaching methods, so that they could
establish similar schools in other parts of Germany. I also know that the
schools these officers were to establish would be for the purpose of training
men solely to be used in the United States.
ÒAt the end of the school, although we
had pretty well known the manner in which the class would be split up, it was
officially announced which men would be in each group. George Dasch was
officially made leader of my group and Eddie Kelly was officially made leader
of his group. Our group was designated #1, and the other group was designated
#2. at this time our group consisted of five men, namely Dasch, Quirien,
Heinck, Swensen and myself. Group #2 consisted of Kelly, Haupt, Neubauer and
Theil.
404
ÒAfter it was officially announced
that George was to be the leader of our group, and who were to be members of
this group, Quirking and Swensen immediately started opposition to him, going
to the extent of even telling me that they would kill him after we arrived in
the United States if he would not change his attitude. At the same time they
put a question to the teachers as to what should happen to a member of either
group who proved untrustworthy and who would not work for the best interest of
the group. This question was put to Kappe, Schultze and Koenig, who advised
that if such a case arose, that man must be removed, if necessary by force.
ÒA few hours later we returned to the
conference room where we had general conversation and in the run of the general
conversation, Kappe got up and told them the thinks it is time now to announce
the I had been in the hands of the Gestapo for quite a long time but that he
had full confidence in me because it was my aim to rehabilitate myself. He also
pointed out that the other boys should, on account of him trusting me, have no
doubts about me because I had been a prisoner that long. From that day on I was
closely observed and many times questioned by Quirien and Heinck as to what the
real reason had been for me to take part in the undertaking. They asked me,
ÔHow come, when you were treated so badly by the German Government, you are
fighting in this dangerous way for the government?Õ I tried to explain to them
that I do not believe the German Government and the Gestapo are one and the
same; that on the contrary I knew I had enlisted
405
with an organization which was in
competition with the Gestapo. This did not prove to be a satisfactory answer to
them, because they kept on observing me even on the submarine. On the submarine
coming over they put to me many surprising questions as to my loyalty.
ÒAs a matter of interest I might add
here that the feeling which I have already mentioned between the Army and the
S.S., which as previously stated is HitlerÕs private army, is very intense in
Germany. There is so much friction between these two bodies that both
organizations are not allowed to frequent many places at the same time. A good
illustration of this are the former dance halls in Germany. I say former
because dance halls are not allowed now. In the old days there were separate
dance halls for men in the Army and men in the S.S. on account of numerous
fights which started on occasions when they happened to meet.
ÒOne interesting incident which I
personally noticed was in a well known night club in Berlin, which incident
occurred just a short time before I left in May of 1942. two officers of the
Luftwaffe, or Air Corps, had a table in this night club and I noticed that one
of them had the Knights Cross of the Iron Cross on his collar, which indicates
he was a very courageous and skillful air man; that he had shot at least 40
enemy planes down. This officer asked the band leader to play an American
tango, which the band leader did. While the orchestra was playing the tango, a
man in civilian clothes, sitting in the back of the night club, went over to
the band leader and
406
told him to stop playing the song as
it was an American song, and showed hem a Gestapo badge. The orchestra leader
then told this man the song had been requested by a German officer. The Gestapo
agent immediately went over to the German officer, who with his friend rose to
his feet, and I noticed that the second German officer also had the Knights
Cross. After a few quiet words were exchanged between the Gestapo agent and the
Army officers, the Army officers announced to the people in the night club that
a ÔratÕ of the Gestapo was being thrown out. They proceeded to carry out their
promise while everyone in the night club got up and clapped.
ÒGetting back to the finishing up of
the school, one night just before the course was completed, everyone was called
into KappeÕs office individually and questioned at great length by Kappe as to
his income before joining the school, and in my case before joining the Army.
Kappe made lengthy notes on the names of our immediate relatives; where they
resided; what they had to live on; if they had any money in the bank; and how
much money each of us expected to get for doing this type of work. There were
some other questions which at the present time I cannot recall.
ÒRegarding the question of money, or
salary paid to me, my salary as a member of the Party had been 900 marks a
month. This was cut off when I was arrested by the Gestapo and my salary as a
private in the German Army was on mark a day. Kappe told me as long as I was
from the Army he would have to pay me my Army salary but he
407
would give me the chance of getting
discharged from the Army and becoming a private agent in his organization,
so-called ÔSÕ man, which means sabotage man. Hermann Neubauer was also in this
same position, being an Army man, but Kappe did not offer him the same
proposition. This caused a row between Kappe and Neubauer later on. Neubauer
felt so strongly about this, he requested a day or two longer to decide whether
he would go to the United States or not. The consequence of this was Kappe
noticed that money meant a great deal to Neubauer and KappeÕs confidence in
Neubauer went down. The rest of the men in the group were enrolled as sabotage
men and received a salary from Kappe. Although we were not allowed to talk
about the salary received, I learned later Heinck and Quirien received 500
marks a month, which are paid to their families in Germany. Thiel received
less, which I think is about 300 marks a month and I learned from Thiel that
this is deposited to his credit in a bank in Germany. I do not know what
salaries are received by the rest of the boys.
ÒWhen Kappe discussed the question of
salary with me, I refused to accept any salary from him with the exception of
my Army pay being transferred to my wife so that she would have something to
live on, and stated to him again my main reason for taking this job was to
rehabilitate myself in the eyes of the party. Written contracts were drawn up
by Kappe, which every one of us had to sign, corresponding to the conversation
which he had with each of us. My contract stated that a perfect
408
rehabilitation would be made of my
personal honor in appreciation of services rendered and stated I had volunteered
for this service. This meant as a result of my volunteering for this work, my
record with the Gestapo would not be held against me or against the members of
my family. However, it was made part of the contract that if I was disabled in
any way, my salary payable to my wife would be decreased in accordance with the
degree of disability. The contract also stipulated that if I were put in prison
as a result of my work, my pay would cease entirely. The same thing applied in
the case of my death. In the case of my death, my wife would receive a lump sum
of money and the contract stated it was not up to my wife to decide how much it
would be, but would be up to the government, and also would not be in
proportion to my income. The reason why my wife would receive no further money
in the event of my death, other than a lump sum, is that it is considered the
duty of every German woman, whose husband is killed in the line of duty, to
remarry in at least one year after her husbandÕs death, so that she may continue
to raise a family for the German rank.
ÒThis contract also carried a clause,
to which I had to agree, that I would keep silent for a lifetime about
everything in connection with the work in which I was engaged. The penalty for
violating this clause was death. There was another clause in the contract which
stated that any other persons obtaining any knowledge of the work, through my
fault, would also auto-
409
matically come within the death
penalty. I want to state, however, that I instructed my wife as to where I was
going, but not about the kind of work which was expected of me. I also told my
wife a certain password and when this was given to her, she was to immediately
follow the instructions of the person giving the password. I also instructed
her in one way of secret writing and told her as soon as I got a chance I would
get in touch with her and send someone to get her.
ÒAlthough it was forbidden, before I
left the submarine at Amagansett, Long Island, I managed to bribe two of the
sailors to see that she received two letters from me, which I wrote just before
we landed at Amagansett. One of these sailors was an old S.A. man, whom I
previously mentioned.
ÒAt Friday noon, April 29, 1942, final
examinations were started, to test us in the things we had learned during the
course.
ÒThe entire group was split up into
groups of two men each, and at noon on Friday, secret instructions were given
to each group. These instructions directed each group of two men to proceed to a
certain spot. The orders were that the factory, railroad or tank, or other
manufacturing concern found at that spot was to be destroyed. Of course, all of
these places were within the borders of the estate. Each group of men were
required to examine the site, which they had been instructed to destroy,
unseen, after which they were to return to the laboratory and prepare the
devices and explosives
410
which were to be used in destroying
the objective. These task were to be performed during the night of April 29th
and must be completed by 11 oÕclock on the night of the 30th. The
observers of these tests were about 15 high officials of the Army.
ÒI was paired off with Jerry Swensen
at this trial. Our assignment was to destroy a fictitious oil tank. The site of
this tank had been established in an experimental cellar of a building on the
estate. It was necessary for Swensen and I to obtain entrance into this cellar
without being seen, measure the diameter of the cellar which had been marked
out in chalk, return to the laboratory and prepare the necessary timing device
and explosives and return to the cellar and place them in their proper position
while guards were watching the place. Of course the actual charge of explosives
used in this test was very small. We succeeded in accomplishing this test
without being detected. I believe that Heinrich Heinck was caught while
conducting his test.
ÒDuring the school curse, I raised the
question, ÔWhich organization in the United States, besides the uniformed
police force, would have the duties of investigating our actions?Õ The answer
was that a special organization by the mane of FBI, Federal Bureau of
Investigation, a part of the Department of Treasury, they told us, consisting
of 90% college men, would be the institution which should be watched for. This
organization would use the same methods and system used by the Gestapo in
Europe. At the same time we were told
411
that agents of the German Gestapo had
their men placed inside the FBI and were well informed of what is going on. We
were also told that with the exception of the headquarters of the FBI in
Washington, all other officers of the FBI were continuously under observation;
that agents of the Gestapo were watching these places and were able to know who
was going in and out of the FBI offices. They told us if any of us were caught,
they would know because the Gestapo agents would recognize us being taken into
the FBI office. We were also told we would be under constant observation by
agents of the German Intelligence, whose sole duty it would be to watch us and
other groups of our nationality working over here.
ÒIn July of 1941 on one occasion I was
taken up to Gestapo headquarters in Berlin, and while there I chanced to
overhear a conversation in one of the offices between two Gestapo leaders who
were having a discussion between themselves about German agents in foreign
countries. I overheard one of these Gestapo leaders tell the other one that the
Gestapo had agents not only in the English Intelligence Service, but also in
the American Secret Service, who were either members of the Gestapo of paid by
the Gestapo for information furnished.
ÒAfter getting to know George Dasch
and making the plans with him concerning our actions in the United States, I
told him about this. This, coupled with the information we had received in the
school, was the reason why George and I did not come to the New York Office
personally but went directly to Washington, and is also the reason why
412
we called the New York Office by
telephone giving the code name of our undertaking George David Pastorius.
ÒAnother important point which we were
told at the school was that our first step upon arriving in the United States
would be to build up suitable front, which we could use as cover. This front
was to be established according to the occupation and ability of each member.
Kappe who knew of the fact that I had done some work as a commercial artist,
suggested that in addition to the other plans I had prepared as a front in the
United States, I should try to obtain work with a newspaper as cartoonist.
KappeÕs idea was that probably the best identification I could carry in the
United States would be a cartoon made by me of a drawing of Hitler. I was told
that there would be no objection if I engaged in drawing cartoons in opposition
to the German Government.
ÒThe plan of our group upon arriving
in the United States was to proceed directly to Chicago. Upon arriving in
Chicago I was to establish a studio as a commercial artist and then insert in
the Chicago Daily Tribune on the 1st and 15th of each
month, an advertisement giving my name and address and the nature of my work
and stating that I was available for work of this nature. Kappe also knowing I
was able to play a violin, suggested I should either do this or establish
myself as a violin teacher inserting the same type of ad in the Chicago
Tribune. Herbert Haupt, Thiel, George Dasch, Heinck, Quintas, Reinhold Barth
and Kappe all knew about this plan to insert the ad. In case all other means of
communication failed between the group, Barth and Kappe
413
this would have been the last resort
used to contact each other, and also for all following groups.
ÒI wish to explain here that it was planned
to make Chicago the headquarters of all groups in the United States, after the
organization had begun to build up. The reason why Chicago was picked to be the
headquarters of the organization was that the returning journalists returning
to Germany from the United States, stated Chicago seemed to be the city that
was most tired of the war. As previously stated the plan was to establish a
headquarters at Chicago and when the advertisement was inserted by me in the
Chicago Daily Tribune, Barth would know because he would have copies of the
Chicago Daily Triune sent to him in Germany, that our organization was safely
established and the fronts for all the agents had been built up and he could
safely come to the United States. It was then planned that Barth would come
directly to Chicago upon arrival in the United States, probably by submarine
with another group, and take charge of the organization until the organization
was built up to the point where Kappe would personally come to the United
States in the same manner as the rest of us and take charge of all the groups
in the United States directing all activities from Chicago.
ÒAt the conclusion of the test,
everything being to the satisfaction of the instructors of the school, we were
granted a vacation from the 1st of May to the 12th of
May. Kelly and George however were instructed to be in Berlin on the 11th
of May and the rest of us
414
were instructed to report at a place,
the name of which I cannot recall, near the Army headquarters in Berlin. Up to this
time my wife had remained in Berlin, but after the school was over I took her
to my parentsÕ home in Wuerzburg, Bavaria, where I remained with her up to the
11th of May, leaving for Berlin, where I arrived on the12th.
ÒAfter returning to Berlin the scientific
department prepared the boxed which we were to take with us to the United
States on the submarine. We were all shown a sample of what each box would
contain. The actual boxes which we were to take with us were prepared somewhere
else. I only saw, as I stated the sample contents of these boxes once, but to
the best of my recollection, there were four tin boxes enclosed in wooden
boxes, three of which were packed with explosives and the fourth was packed
with timing devices, fuses, primers, wire, incendiary pencils, and coal bombs,
and fillers of sulphuric acid for the incendiary pencils, also some small
screws to be attached to the time blocks.
ÒMost of the time we were in Berlin,
which was from May 12th to May 22nd, although we were
supposed to leave much earlier, was spent in just loafing. We learned the
reason for our delay was that there was no submarine ready to take us to the
United States. During this time there also occurred the actual signing of the
contracts which had been prepared just before the school was over. We also
listened to a speech by one of the Army officers, whose name I do not know, on
the penalties which would be inflicted if we talked or were caught. We also had
a
415
farewell banquet in a private dining
room at the Zoo Restaurant, a famous restaurant in Berlin, at which time toasts
were made to the success of the Pastorius undertaking. At this banquet we were
told that this undertaking of ours and all subsequent undertakings of a similar
nature, were to be known by the name of Pastorius, the name being chosen by
reason of the fact that a man by the name of Pastorius was the first German
immigrant who had come to America as a leader of a group of immigrants. As I
recall Pastorius went to Pittsburgh to settle.
ÒThe day after the banquet we were
issued German Army fatigue uniforms, shoes, cap and socks and we were told we
were to wear these uniforms until we actually landed on the shores of the
United States, so that if we were captured in landing we would be treated as
prisoners of war because of our identity as German soldiers, although as a
matter of fact only Neubauer and I were previously German Soldiers.
ÒWe were told shortly before leaving,
that in order to protect us, members of the group who were not German soldiers,
had been assigned to various units or the German Army in order to carry out
this pretence. Each group was issued a large sea sack with the instructions
that upon returning to the United States shores, if we avoided detection, our
uniforms were to be taken off and put into the sea sacks and returned to the
submarine.
ÒFrom Berlin to Lorient, France, the
sea sacks were used to carry three of the boxes as well as the uniforms
416
and the spades which we were to use in
burying the boxes when we reached the United States, one of the boxes being
carried by hand wrapped in paper. This was the box with the time clocks. At
Lorient we removed the boxes and the uniforms from the sea bags and donned the
uniforms. Every one was instructed upon landing in the United States, to wear
an American made suit and other clothing, and I being the only one who did not
have American made clothes, was given a suit by Kelly, which I took off upon
arriving at Lorient and put in the sea bag.
ÒAs previously stated we departed from
Berlin on May 22nd for Paris, where we remained until May25th. In
Paris our movements were not restricted. It appeared that our groups were not
very careful to conceal the fact of who they were and that they were dressed in
American clothing. I recall the Heinrich Heinck got drunk in Paris and at the
bar of the Hotel Deux Nonds, Avenue de LÕOpera, told everyone he was a secret
agent.
ÒGeorge Dasch had an engagement with a
man he pointed out to me and told me was an American journalist who was to be
exchanged with German newspapermen, and who was to come to the United States
shortly after we arrived. It is possible this maÕs name was Von Scheible (?).
George told me he talked with this man about his plan to come to the F.B.I.
upon George DaschÕs arrival in the United States, and disclose all this
information and he wanted to give the F.B.I. this manÕs name to prove he had
the intention of coming to the F.B.I. even before he arrived here.
417
ÒOn the evening of May 25th,
we left Paris for Lorient, France, from which point we were scheduled to travel
by submarine to the United States. On the train from Paris to Lorient, George
Dasch lost his pocketbook with all his identification papers, also his pipe. At
this time a general nervousness or tension had descended on the group and
Swensen started trouble about George being the leader of the group. Swensen
also indicated at this time that he did not trust me.
ÒAbout noon, May 26th, we
arrived at Lorient and were taken to a hotel reserved for officers of the
German Navy. The name of the hotel translated into English would be Dreamy Day.
ÒKappe accompanied the group from
Berlin to Lorient, France, for the purpose of giving us our final instructions
before our departure from Lorient and to see us off safely. Kelly, the leader
of the second group, was given his money and final instructions by Kappe. The
money I believe was about the same amount that was later given to George Dasch.
While checking over this money, a number of gold certificates were found, and
these of course were handed back to Kappe, and the finding of these
certificates almost resulted in the refusal of both groups to leave for the
United States. The morale of both groups was very low, especially when Kappe
appeared not to take much interest in the fact that those bank notes and bills
could be traced very easily and provide difficulties for us after landing in
the United States. An examination of the $50 bills revealed that they were in
series, and
418
each had the letter B on the face of
the bill. We knew that these bills could be easily traced in the United States
and would identify each one of us as a member of a certain group carrying the
same money. We felt that this was the weakest spot in the whole plan, and
nobody wanted to take this money with him.
ÒUp to the time we landed from the
submarine at Amagansett, Long Island, we were still not sure that these bills
were any good and were not satisfied in our own minds that they could be used,
until we actually made purchases with the bills at Jamaica and in New York
City. During the time we made these purchases we avoided buying anything that
cost more than $50, in order that we would not have to hand the clerk in the
store two or three of the bills at the same time. Also, no two men in the group
made a purchase at the same time with $50 bills, for the same reason.
ÒBefore the second group was ordered
to leave, the nervous tension was so high that frequent arguments among the
boys occurred, on the train and in the hotel and at Lorient.
ÒOn the evening of May 26th,
the group, headed by Eddie Kelly, was told that they were going to leave the
following day by submarine for the United States. Kelly had previously advised
George Dasch that his group intended to land in the vicinity of Jacksonville,
Fla. I believe George Dasch knows exactly where this group intended to land.
However, the final decision as to where they would actually land was up to the
Captain of
419
the submarine. I believe that Kelly
also knew that our group was supposed to land at Easthampton, Long Island.
ÒKappe took the second group to the
submarine in person, after which he returned to the hotel about nine or ten
oÕclock in the evening, at which time Kappe and George Dasch got into an
argument. Kappe was not satisfied with GeorgeÕs attitude concerning the
activities of the group over here, and for a while it looked as though the plan
concerning our group would be abandoned because of this argument.
420
ÒThe cause of this argument was that
George Dasch had stated that he saw no reason why the group should engage in
any activities whatsoever in the United States for three or four months after
their arrival there. I am sure he had in mind the fact that this would give hem
sufficient time to expose the plan. Kappe, on the other hand, ordered the group
immediately after our arrival in the United States to begin work in a small
way. Another cause of the argument was that George wanted me to go with him,
while Kappe wanted me to go with Henry. The reason George wanted me to be with
him was, as previously stated, we had, without openly confiding in each other,
arrived at an understanding as to each otherÕs attitude toward the present
regime in Germany. Kappe had instructed that I should go with Henry Heinck and
that George should go with Richard Quirien. However, George told Kappe that he
had no confidence in me, and did not believe that I should be allowed to go
with Henry. This caused another argument between Kappe and George, but George
won, and it was agreed that I was to accompany George. I was to travel with
George when we arrived in the United States, prior to our establishing
headquarters in Chicago.
ÒAt this time Jerry Swenson told Kappe
that he was sick, and it would be necessary for him to remain behind to see a
doctor. Swenson claimed he had venereal disease. Kappe told him to wait until
next morning to be sure, and the next morning Swenson insisted on remaining
behind. My personal opinion is that SwensonÕs real reason for remaining behind
was that he could go back to Germany and become the leader of a group which was
to follow us over.
421
ÒAfter Kappe returned from seeing the
second group off, we were told that our group was going to leave by submarine
the next day. On the following day I chanced to overhear a conversation between
two German naval officers at Lorient, during which they discussed the fact that
one day before KellyÕs group left, another submarine had left for the United
States with two naval experts aboard, who were to be landed in the vicinity of
New York. I overheard them mention something about New Jersey during the
conversation, but I donÕt know whether this was the spot where the naval
experts were supposed to land. I only know that they were supposed to come to
New York. My impression is that they were to do some work in reporting the
arrival and departure of ships, and report this by a short-wave radio.
ÒOn the 28th of May at six
oÕclock out group was taken by Kappe to the harbor by automobile. The submarine
that we were to travel in was tied up by the quay alongside of the freighter
which concealed the submarine from anyone on shore. We boarded the submarine by
going up over the deck of the freighter, across a gangway, and into the
submarine.
ÒKappe introduced each one of us to
the Lieutenant Captain of the submarine. The name of the Lieutenant Captain was
Linder. Linder is about 35 years old, about 5Õ10ÕÕ tall, with a heavy build,
weighing about 190 or 200 pounds. He had a full, round face, blue eyes, and
good teeth. He wore a mustache and beard, which were dark brown, I never saw
him without a cap. He had strong, lean hands. He was believed to be able to
understand English, but he
422
was never heard to speak English.
ÒWe were also introduced to the chief engineer,
whose name I donÕt recall, and also to the first and second officers, whose
names I never knew. We also met the chief machinist.
ÒAfter boarding the submarine we all
had a few drinks together, after which Kappe left, and our group was shown the
bunks. George and I were in the officers quarters, and Henry and Richard were
quartered with the crew.
ÒContrary to what KellyÕs group did,
we did not receive our money on shore, but George had the amount for the whole
group in his suitcase which he kept with him. The day before we landed on Long
Island, George gave each of us a money belt, which was supposed to contain
$4,000 each. The difficulties arising over the gold certificates mentioned as
having happened before we left Lorient, were occasioned by the fact that Group
TwoÕs money was given before they boarded the submarine at Lorient. Out group
did not know what type of money we were receiving until after the submarine
left Lorient. We also received, one day before our landing, $419 in small
change, to be used for our initial purchases after arrival in New York.
ÒWith the exception of Henry, the rest
of us in the group were quite seasick for the first four or five days,
especially when the submarine traveled on the surface of the water.
ÒThe crew consisted of about forty
men, not including the officers. The officers personnel was made up of about
six men. The submarine carried fourteen torpedoes, and I saw four torpedo tubes
in the bow of the boat, and one torpedo tube in the stern. Although we were allowed
full freedom of the submarine, it was impossible to walk around very much
because of the fact that the boat was fully manned.
ÒEvery day there was at least one
practice alarm, at which time the boat crash-dived. For the first four or five
days the submarine ran below the surface of the sea, all during the day. We
only traveled on the surface at night time. On the surface we traveled by
Diesel motor, and under the surface we went by electric motor. After the first
four or five days we were so far at sea that we could come up on deck to get
air and have a smoke. One day before we landed the submarine again commenced
undersea travel.
ÒDuring the course of the trip over, I
became acquainted with two seamen on the submarine, one of whom was an old S.A.
member, and who felt very much as I did concerning the Nazi Party. The other,
although not an old S.A. man, had similar beliefs. I understood that his
reasons were that he had been through quite heavy action around Gibraltar, and
was fed up with war. I had in my possession some German money, which I gave
them, and I gave each one a letter to my wife in Germany, which they promised
that she received. Both of these men promised to deliver these letters at great
personal risk, because while we were en route to America the Captain announced
over the loud speaker system that none of the crew was to ask any of us any
questions or get into any conversation with us; and
424
further, upon their return to Lorient
or Germany, they were not to tell anyone that we had been on the submarine.
They were told that any violation of this would result in their death.
ÒDuring the voyage over I learned from
members of the crew that very few of them had seen any action other than
sinking of merchant ships. As a matter of fact, I think the only one who had
been in any naval engagements with the enemy was the one I mentioned as having
seen service around Gibraltar.
ÒWhen we boarded the submarine at
Lorient, the Captain told the crew that we were being taken out to sea where we
were going to be placed aboard a submarine supply ship. After leaving Lorient,
the Captain told the crew that we were actually going to be landed in the
United States.
ÒWith reference to these submarine
supply ships, during the voyage over I made it my business to find out about
them, and I learned that they are large submarines, designed to carry a supply
of fuel for combat submarines. From what I learned, these submarines are
stationed at one spot continuously, except when they have to replenish their
fuel supply, which is obtained from merchant ships which meet the submarine at
a designated spot. I also learned that these submarine supply ships are only
necessary in the North Atlantic; that in the South Atlantic the submarines have
shore bases where they can obtain all the fuel, oil, and food necessary.
ÒIn the North Atlantic, whenever a
combat submarine needs to be refueled, they proceed directly to one of the
425
supply submarines, which as previously
stated, is located in a designated spot constantly. If possible, both the
supply and combat submarines refuel on the surface. However, if that is not
possible, I learned that refueling can take place under the water in the
following manner. The combat submarine proceeds directly over the fuel
submarine, and I was told by the seamen on our submarine that the transfer is
then made by high pressure air. Just how the connection is made under the water
I do not know, nor do I know whether this above story is true. I was only told
this by members of the crew and by the chief engineer.
ÒIn addition to the torpedo tubes I
mentioned previously, the submarine was armed with a cannon on the forward
part, and behind the conning tower was an anti-air craft gun, loaded by a
magazine with ten shells, each of which was about one-inch caliber. I saw this
gun operated in practice, and the bullets used in this gun were tracer bullets.
The submarine was also armed with two light caliber machine guns. During the
trip over I asked the members of the crew how they were armed, and was told
that they were supplied with rifles and pistols.
ÒThe interior of the submarine
consisted of three parts. In the stern were the Diesel and electric motors. In
the center was the control room, above which is the tower. From the control
room an iron ladder goes upward into the first section of the tower, where the
steering mechanism is located. Above this room is the hatch opening out to the
platform on the tower of the submarine. From the steering room the periscope is
operated. In the
426
forward part of the ship are the
officersÕ quarters, the crewÕs quarters, and the storage room for the torpedoes
for the tubes in the bow of the ship. I cannot make any statements as to the
speed of the submarine, or the depth to which it could go. But I can definitely
tell you how fast we were traveling on our trip. On the surface we traveled
about ten or fourteen sea miles an hour, and below we traveled at a speed of
about two to three sea miles an hour.
ÒWith respect to the route followed to
the United States, I was able to see a map which was attached to a table in the
control room, and every day the distance covered the previous day was charted
on the map. If shown a map of the North Atlantic, including both the French and
North American coasts, I can chart the route followed by the submarine coming
to the United States.
ÒI might mention at this point that
during the trip Richard Quirien and Heinrich Heinck seemed to get very well
acquainted, and make plans of their own. Whenever George or I approached them
while they were talking, they would shut up. This was noticeable even to the
officers of the submarine.
ÒAs previously stated, the day before
arrival in the United States George distributed among us the money belts, which
were supposed to contain $4,000 each, and the $419 in small bills. We also at
this time tried to straighten out our clothes, which until this time had been
in the sea sack and were pretty wrinkled. I mean by that the civilian clothes
which were to be put on after we landed on the beach.
427
ÒThe original plan of the submarine
captain and George was to get as close as possible to the shore in the day
time, so that they could observe conditions on the shore, then the submarine
would submerge and wait until one or two oÕclock in the morning, then come to
the surface and land the four of us in a rubber boat, which was carried by the
submarine. Actually, when we arrived off the shores of Long Island it was so
foggy that nothing could be seen. Thereupon the submarine submerged, and we
remained under water until dark. Before surfacing, the submarine began to move
ahead until those of us on board could feel it bump against the sand. The
submarine then came to the surface, and again went forward until it touched the
sand, after which the captain swung the submarine around parallel to the shore
in such a manner that if it had been necessary he could get away quickly if we
were attacked.
ÒBefore coming to the surface there
was a conference between the captain and his officers, and our group, about landing
maneuvers. The captain assigned two seamen to paddle us ashore in the rubber
boat. A line was attached to the rubber boat, running to the submarine which
was for the purpose of guiding the boat back to the submarine after we had
landed. All four of our group, in addition to the four boxes and the sea bag,
were loaded into the boat. One of the seamen had a blinker and he could not
return to the boat, he was to shoot up the rocket. The blinker was to be used
to signal the boat that the two sailors were returning. The fog descended so
thickly however, that the blinker was
428
of no use.
ÒAt this conference I just mentioned
aboard the submarine before we landed, the question also arose as to what we
should do if we encountered any patrol on the beach. We were instructed that if
any patrol were encountered, if we could, we would overpower the patrol by
force, with the aid of the sailors, who would then take the patrol back to the
submarine. The idea was to land the captured patrolman at some other spot on the
United States Coast. Possibly there would have been also landed along with the
patrolmen a sailor on the submarine who had appendicitis.
ÒWhen we boarded the rubber boat to
come to shore, we were dressed in our German army uniforms, and our civilian clothes
were in the sea bag. Before leaving the submarine, every one of the group had
to go through the pockets of the uniforms and the civilian clothes, to be sure
that there was nothing of German origin in the uniforms or suits. I managed
however, to conceal a partially filled bottle of schnapps and a package of
German cigarettes, information about which I will supply later.
ÒWe left the submarine about one
oÕclock in the morning, and I believe that we were about 250 yards from the
shore. We could hear the surf on the beach faintly. The captain told us we
would have to pull away from the boat at a 90 degree angle, in order to head
straight for the beach. After pulling away from the submarine for about a
distance of fifteen or twenty yards, the fog was so thick that we couldnÕt see
the submarine. Just a short distance from
429
the submarine large waves tossed the
rubber boat around several times, throwing water over the boat, wetting our
clothing and the sea bag, and confused us as to the direction of the shore.
Somehow or other we got straightened around and headed in the right direction.
ÒAt the beach the fog was still very
thick. The first person out of the boat was a German sailor, who dragged the
boat up onto the beach. Then the men in the boat proceeded to unload the boat.
I was last to get out because I was sitting in the stern of the boat, and I was
carrying George DaschÕs suitcase. As soon as the boat was unloaded the other
boys started carrying the boxes up toward the bank at the back of the beach, George
made a wide circle around the spot where we landed, to see whether there were
any guards there. Richard and Henry immediately began throwing sand over the
boxes so that if anybody came along the beach they wouldnÕt see anything. At
the water edge where I was standing by myself, I placed a package of German
cigarettes. I intended at this time to leave a clear trail from the edge of the
water to the spot where we would bury the boxes of explosives, so that later on
they could be discovered by any patrol passing this way. Henry and Richard
donÕt know anything about this.
ÒI next placed the bottle of schnapps
a little farther up the beach. I then opened the sea bag, took out a rain coat
that was in the sea bag, laid it on the sand, and placed on it all the bundles
in the sea bag for each man. Richard and Henry immediately began changing from
their German army uniforms to civilian clothes. About this time
430
I threw my cap away. This cap bears
the insignia of the German Marine Infantry.
ÒAbout this time we noticed a small
fence back on the beach. Henry, Richard and I moved all of the stuff in the sea
bag over to this fence; also the four boxes. During this time I had taken off
my German army coat and put it in the sea bag, and Richard and Henry had put
their uniforms into the sea bag. I then started back to the boat with the sea
bag. The coat to the uniform I wore was the only one that had a belt on it.
ÒHalf-way down to the waterÕs edge, I
heard George talking, and when I came up to him I saw him talking to a man who
I first thought was one of our sailors, but who I later discovered was a beach
patrol. I said something in German to George to the effect that he was
certainly a fast worker. George told me at once in English to get back to the
boys, and stay with them. As I recall, his words were, ÔDonÕt you see,
everything is all right. Go back with the boys and stay with them.Õ I took this
as an order from George not to follow the instructions to overpower any patrol
we found on the beach, and went back and kept Richard and Henry from doing
anything about this. IÕd like to state at this time that had we so intended, it
would have been quite easy to overthrow this sailor, because he was apparently
unarmed. I learned later that George had managed to send the two sailors in the
boat back to the submarine when the Coast Guard man arrived.
ÒI went back to the other two boys,
carrying the sea bag with me, and waited until George came up. At the time
431
that George talked with the sailor he
had taken off the coat to his uniform, and was dressed in his uniform pants,
and had on the shirt, tie and vest of his civilian outfit. He also had on a
brown fedora hat.
ÒWhen I returned to Richard and Henry
I immediately gave them the command ÔDown!Õ, and explained to them that George
had run into a beach patrol in uniform on the beach. Henry immediately crouched
down, but Richard wanted to get up and follow the orders given us by the
captain. I told him that George had ordered us to stay where we were until he
came back, and that everything would be O.K. Shortly after this, George came
back, and we started to move immediately up the bank with all our clothing and
boxes. On the top of the bank we all finished dressing and immediately started
along the top to the bank, parallel to the edge of the water.
ÒPrior to this time I had picked up
the bottle I left on the beach, and before we moved to the top of the bank I
planted the bottle at the foot of the bank, near the fence. While moving along
the top of the bank I dropped numerous small articles, which had been taken out
of the sea bag, such as socks, shoes, a vest, and bathing trunks. The raincoat
I mentioned previously I left at the spot where we had originally assembled on
top of the bank.
ÒAfter moving down the top of the bank
a few yards, we turned left, and cut back away from the beach, into a
depression where we dug a hole to bury the boxes. Not being able to send the
sea bag back to the submarine with
432
the sailors, it was necessary for us
to bury the sea bag also. George told me and Henry to carry the bag to some
hidden spot. I dragged the sea bag through the sand, purposely to leave a track
which could be late identified, and stopped outside of the depression on a
grassy spot, further inland. Henry and I then dug a hole in which to bury the
sea bag. This hole was not quite deep enough to cover the sea bag entirely, and
I told Henry that I would stay at the spot and finish the job, and he could
return to the other. Henry left and I left there, leaving the sea bag sticking
out so it could be easily found, also leaving a spade lying quite openly on the
same spot. Henry and I then went back and joined George and Richard, who were
finishing the job of burying the boxes.
ÒWhen that was completed we moved
further inland, away from the sea sack, and found a spot where we sat down and
waited until it got a little lighter. At this spot George changed from his Army
trousers to his civilian clothes, and gave me his trousers to bury. However, I
rolled them up and laid them on to of the ground at a spot about ten yards from
where we were gathered.
ÒI then went back to the other three
boys and found them discussing the fact that one of our group had two draft
registration cards, one filled in and one blank. They were afraid that it would
be dangerous to the group if we were caught with two registration cards. I told
them what I was the one that had the two cards, and
433
George took it and tore it up, and
told me to bury it. I put this registration card on the sand behind me, where it
could easily be found. Richard then questioned the group as to whether any of
us had any papers in our pockets with German writing on them. I denied this,
although I did have in my possession in my pocketbook a paper with some German
printing on it, a German photograph taught us in school were written.
ÒNearby the spot where we were
sitting, and to the left of us, we noticed a bungalow. We heard a telephone
bell ring and a light went on in the bungalow. A door was opened, but no one came
out. We could hear a man talking. We decided it would be better for us if we
moved on. We started towards the highway nearby, crossed the highway, and
turned to the right, passed two of three houses on the other side of the
highway, and finally decided that this road probably led back to the shore. We
turned and went in the opposite direction. On the way back a car came up behind
us and we had to go into the bushes on the right-hand side of the road.
ÒIt was at this spot that I lost the
papers on which I had the formula written. The formula was written on two
sheets of paper, about 81/2 inches by 11 inches, which were folded into a small
square, about 2 inches by 3 inches.
ÒWe stayed at this spot quite a while,
and we saw cars passing on another road near by. After a while it got much
lighter, and we were able to see that we were
434
very close to a radio tower. We also
heard the surf near by. When we saw the radio tower we moved in the opposite
direction, following the road beside which we had been hiding. Some distance up
the road we turned left, cutting through some fields, after which we came out
on what we believed to be the main highway. On this highway we turned to the
right and walked for about twenty minutes, after which we turned left on small
country road, passing a tourist camp where people were walking around.
Following this road we finally came to a railroad track. George said that he
believed that if we turned left we would be going in the direction of New York,
and we soon came to a railroad station which was Amagansett.
ÒThis was about 5 A.M. in the morning.
We waited at the railroad station until 7:30, and a train came through. In the
meantime the ticket window at the station had opened, and George bought four
tickets for Jamaica.
435
ÒWhile walking up the road from the
beach to the railroad station, George drew me away from Henry and Richard and
told me that the man he met on the beach was a member of the United States
Coast Guard, and that I should remember that his name was Frank Collins, as I
would have to use the name later. George didnÕt explain what he meant by this.
He also told me that he didnÕt want the man to be harmed, and that he had given
the man $300. George also told me that he had explained to Collins that Collins
would hear about this matter, meaning the landing on the beach, later on from
Washington. George said the Coast Guard man had wanted him to go with him to
the Coast Guard Station, but when he told him that he would hear about the
matter from Washington, and had given hem the money, the Coast Guard man let
him go. George said he also told Collins that we were fishing.
ÒThe four of us rode in the same coach
to Jamaica, where we arrived some time after 9:30 A.M. Before leaving
Amagansett, it was agreed upon among the four of us that we would split into
groups of two at Jamaica, Henry and Richard traveling together, and George and
I traveling together.
ÒAfter the arrival in Jamaica, we
separated into two groups, and bought some clothes. George and I bought some
shoes, shirts, underwear, socks and we each got a cheap suit.
ÒPreviously arrangements had been made
that the two groups would meet again later that afternoon at
436
the restaurant in MacyÕs department
store. This meeting was somewhere around three oÕclock that same afternoon. At
this meeting George told Henry and Richard that they should go to the Hotel
Chesterfield to stay. We later found out however that they went to the
Martinique instead.
ÒBefore George and I went to MacyÕs to
meet Henry and Richard, I believed we checked in at the Hotel Governor Clinton.
GeorgeÕs room number was 1414 and mine was 1421.
ÒAt the meeting at MacyÕs, George told
Henry and Richard that we would all meet again the next day at a restaurant
named the Swiss Chalet, located somewhere on 52nd street. George
knows the address of this place. George also told Richard and Henry that if by
any chance he and I did not meet them there the following day, that we would
meet them that evening at six oÕclock, at GrantÕs Tomb.
ÒOn the first evening after George
Dasch and I had registered at the Hotel Governor Clinton, New York City, and
had met the boys at MacyÕs George and I returned to the Governor Clinton Hotel
and had dinner in the Coral Room of the hotel. During dinner we discussed the
various jobs which we had been instructed to do in the United States, and the
political situation in Germany, and George also expressed to me some of the
difficulties and hardships which his relatives were going through in Germany. I
told Dasch of the
437
difficulties I had experienced in
Germany, and finally George declared he had a plan, which if followed out,
would keep us out of difficulty over here, and avoid all trouble and help our
people back in Germany. George also said he believed his plan would help out the
people in Germany with the same political beliefs that we had
ÒThis convinced me that George was
against the present regime, as I was, and that he did not wish to carry out the
orders we had received. Then he told me he would have to put me through different
tests before he explained what he intended to do. At this moment, I told him
right to his face that I knew exactly what he wanted to do. His answer was that
if I knew that, I would have to kill him. At that I smiled and told him that I
was quite sure that our intentions were very similar. After this the restaurant
became crowded and we left.
ÒWe went out for a walk to Radio City,
and George showed me some mural paintings by a Mexican. These paintings
depicted oppressed people and was really in line with our conversation, which
we had carried on during our walk to Radio City. George told me he would
explain his idea to me on the following morning.
ÒThe following morning I met George in
his room, where we had breakfast. We resumed our conversation of the night
before. George told me that he was 17 years of age when he volunteered for the
German Army in World War #1, and through a corporal in his company,
438
who was a Doctor of Philosophy in
civil life, he was converted to Communism. After the war, George told me, he
came to the United States, where he worked at various jobs, finally becoming
actively engaged in union politics. George stated that during this time he
investigated numerous political ideologies, and finally came of the opinion
that the ideology of the National Socialist Party of Germany was that which
more nearly coincided with his own. During this time George stated he had
married an American girl of French and Spanish descent, and declared his
intention of becoming a citizen of the United States. However, the second world
war broke out in Europe and George stated he did not want to appear yellow and
as long as he was not already a United States citizen, decided to return to
Germany and find out what it was all about. George stated to me that he
returned to Germany by way of San Francisco, Honolulu, Yokohama and Russia,
obtaining his passport through the Japanese Consulate in New York City.
ÒAt the time he left for Germany, his
wife was sick and could not accompany him and he went alone.
ÒOn the boat leaving San Francisco,
there were a number of Germans, among them Werner Thiel. From San Francisco to
Honolulu, these Germans, who George states were for the most part Party
members, were very quiet, and after leaving Honolulu they began to grow bolder
and sing German songs and boast of the way they were going to fight the
English, George states that no being a Party member and not speaking German
very well
439
due to his long residence in the
United States, he was not used to this type of action and as a result, the
Germans on the boat grew suspicious of him. One of the Germans who had
appointed himself leader of the group on the boat even went to the extent of
telling George he was a spy and upon reaching Germany he, the leader, would
make it his business to turn in a report about GeorgeÕs action.
ÒGeorge told me that when he arrived
in Germany e found condition very had and quite different from what he had
expected. The people appeared to be suspicious and afraid of each other and had
none of the comforts which he had been told could be found there, and the
shortage of food was quite noticeable. George stated he also found that graft
and terror were rampant. He pointed out one instance where he learned through
an accountant of a bank that no examination was allowed of the bank accounts of
the high officials of the Nazi Party.
ÒGeorge told me that about this time
he learned that although there was a severe penalty imposed, a large group of
persons were engaged in surreptitiously listening to short wave broadcasts of
foreign propaganda and had a system worked out to distribute the news obtained
in this manner. George told me, however, that he learned that the propaganda
the people were listening to was not the exact type that they wanted; that the speakers
on the short wave broadcasts insulted the people rather than giving them advice
and information which the German people did not get.
440
George stated this decided him he did
not belong in Germany and he made u0p his mind then and there to escape from
Germany and seek help in having the right type of propaganda directed to the
German people which he believed would result in the overthrow of the present
regime.
ÒGeorge and I are convinced that the
people are only waiting for the tight type of propaganda which will overthrow
the present German regime. I know what I am talking about because I studied
propaganda and I was in the highest propaganda bureau of the Nazi Party. I
believe the only way to lick the Nazi Party in Germany is with their own weapons.
ÒGeorge stated, at this time he
obtained a position in the Foreign Department of the Reichs Government, to
prepare propaganda for use against the United States. He told me his work
afforded him an excellent opportunity to obtain information n the propaganda
division, which he could later effectively use in the United States against the
Nazi Government. Through his position in the Foreign Department George stated
he got acquainted with Walter Kappe, who suggested that George should work with
him and help him build up an organization in the United States. At this time
George did not know the nature of KappeÕs work. George stated that for three
months he worked for Kappe at KappeÕs headquarters, examining all the reports
given by voluntary and paid German agents in the United States, or other agents
working the Germany in the United States,
441
concerning Bund members in the United
States and Bund members who had returned to Germany.
ÒGeorge stated that KappeÕs
headquarters at this time were I the offices of the German High Command, on the
Tirpitz Ufer in Berlin. This is the same place that Kappe was located when I
met him.
ÒAccording to George it was during
this time that he learned the true nature of KappeÕs work. George told me he
assisted Kappe in selecting the men for the first school near Brandenburg, and
he told me he also knows the names of men chosen to attend following schools,
at least he knows the names of a number of leaders.
ÒMy answer to his narrative was a
short sketch of the old S.A., and the political situation that I came from.
George then asked me whether I had any intention of going through with the
orders given by Kappe and be also explained to me that my answer would mean
that we would have to fight it out then and there in the hotel room because I
would have to see in him a traitor to the German cause unless I felt the same
way about the situation that he did. My answer to him was very short. I told
him that I did not intend to carry out the orders and I then told him about how
I had planned and left the cigarette box, the bottle, the raincoat and all the
small items in the sea bag on the beach where we had landed from the submarine.
I told him I believed it was probable that by this time the boxes had been
found and it would be impossible
442
for any of our group to immediately
carry out any of the orders given us by Kappe, because all of the manufactured
explosives we brought with us had in all probability been seized. I was
thinking of Richard and Henry when I said this, because it was RichardÕs idea
that we should go back to the spot as soon as possible and remove the
explosives. As I have previously stated, Henry refused to go back.
ÒGeorge then indicated to me by
patting my arm that he was in agreement with my ideas and with what actions I
had taken on the beach where we landed with the material.
ÒAt this time George explained to me
why he did not want to see the Coast Guardsman who said his name Frank Collins
harmed and why George asked me to remember the name Frank Collins. George and I
were in a very difficult situation to find out a way for our immediate action.
We knew something had to be done because I appeared that Richard and Henry were
suspicious because we did not overpower the Coast Guardsman, as the Captain of
the submarine had instructed us to do. We were also afraid to go to the New
York Office of the F.B.I. because based on what we were told in school, we
believed that that office was watched by Gestapo men.
ÒThe Germans also told us they had
means of knowing what was going on within the F.B.I. itself. On the other hand,
we had to be careful not to be caught before we had an opportunity to
voluntarily inform the F.B.I. To show our bona fide intentions, I wish to state
443
that George and I could have
disappeared entirely with the money that we brought along from Germany; also we
deliberately chose a large hotel in New York City, instead of securing some
room where it would have been very difficult to find us, as we had been
instructed to do, and as Richard and Henry were planning to do.
ÒBy this time it was close to noon,
when we were supposed to meet Richard and Henry at the Swiss Chalet on 52nd
Street. During our conversation George telephoned the Chesterfield Hotel to
find out if Richard and Henry had registered as George had originally
instructed them to do. George found out that Richard and Henry had no
registered at the Chesterfield Hotel, and this again aroused both our
suspicions that Richard and Henry did not trust us. George wanted to call
Richard and Henry at the Hotel Chesterfield in order to tell them that we could
not meet them at the Swiss Chalet, but George was unable to give them this
information as he could not get in touch with them.
ÒGeorge and I talked together at the Hotel
Governor Clinton until about 5:30 that afternoon. During this time George and I
agreed we would call the New York office of the F.B.I. and give them a code
word and not reveal our names, and tell the F.B.I. we would go to Washington
the following Thursday in order to see Mr. Hoover on a very important matter.
ÒThen George and I took a taxicab from
the Hotel Governor Clinton to GrantÕs Tomb on Riverside Drive. We got there
about 6:20 and found that Richard and
444
Henry had been waiting for us about
twenty minutes and wanted to leave. George was able to reassure Richard and
Henry that everything was all right. Richard appeared quite peeved and said
that they would not stand for such actions on the part of George and myself. We
asked Richard and Henry where they were staying, and they told us the
Chesterfield Hotel. We knew they were lying because of the telephone call we
had made earlier in the day and when they asked us where we were staying, we
immediately told them the New Yorker. We then told Richard and Henry we meet
them the following Tuesday, at about 11:00 A.M. at the automat restaurant by
MacyÕs Department Store
ÒBefore Richard and Henry left us at
GrantÕs Tomb, on Sunday, Richard reminded us that KappeÕs orders were for us to
move on to Chicago as soon as possible. George refused to do this and said that
he had some important conferences coming up and we would all have to stay in
New York City until he was ready to leave. Richard then told us he did not feel
safe at the hotel where he and Henry were staying. George told him that if they
did not feel safe, they should move to some place else and keep George advised
as to where they could be contacted. When Richard mentioned that he did not
feel safe at the hotel where he and Henry were staying, George said that this
matter was his own personal business and he knew how to take care of it as far
as he and I were concerned. Richard and Henry then walked away from George and
I and appeared to be very disappointed.
445
ÒGeorge then told me he got the
impression that Richard and Henry would be harder to control and might possibly
get into some trouble with them if we did not take some immediate action. We
took a bus towards the Pennsylvania Railroad Station, with the intention of
calling the F.B.I.,
ÒBefore leaving the Governor Clinton
Hotel, I had obtained the telephone number of the New York office of the F.B.I.
from the telephone book and gave this to George. When we got into the city,
George left me a short time in order to telephone the local office of the
F.B.I. George telephoned the F.B.I. about 7:50 p.m. Sunday evening. I did not
have what George said but when he returned to me to he told me the following:
ÒGeorge said that he talked with the
offices of the F.B.I., and told me an agent had just returned from Germany and
that he intended to go on Thursday to Washington to see Mr. Hoover on a very
important matter. George said he told the Agent to make a note of the time of
the call so that his notation could be referred to later on. George said the
Agent asked him for his name. George stated he told the Agent he did not feel
safe to tell him his name over the telephone. The Agent then asked him if he
was afraid of the Gestapo and George said ÒyesÓ, and the Agent then asked
George if he wanted another agent to meet him, but George said ÒnoÓ, that that
was not necessary because he was going on to Washington to see Mr. Hoover.
446
George said that during the end of the
conversation, when the agent asked him for his name, George told him that he
should put down the name George David Pastorious. George said that was all of
the conversation.
ÒWe then had a bite to eat and
returned to the Hotel Governor Clinton. I do not know exactly why George wanted
to wait until Thursday before going to Washington to see Mr. Hoover. I believe
that one of the reasons George did not decide to go to Washington until the
following Thursday was that he had bought some clothes which he would not get
until the following Thursday, but I believe the principal reason was that he
wanted to formulate plans to present to the proper authorities in Washington,
outlining the proper procedure for a propaganda campaign against Germany.
ÒI asked George what would happen if
the F.B.I. did not believe our story and George said that he felt the F.B.I.
would believe the story because he was not going to ask for any money for his
information and further that he had his own money with him for the purpose of
carrying out his plans, and in addition, he would help the F.B.I to immediately
locate the boxes of materials removed from the submarine buried on the beach
near Amagansett, Long Island. In addition George said he would furnish the
F.B.I with a list of the members of the groups that would come over to the United
States on submarine, as well as the meeting places for the groups coming over.
447
George also told me that when he left
I should not doing anything of a suspicious nature, such as burying a short
wave radio set, with which I might listen to German broadcasts, and in addition
I should not leave the hotel and I should not travel; that I should conduct
myself openly at all times and I should look forward to being contacted by some
agents of the F.B.I.
ÒOn Monday, June 15th,
George and I stayed pretty close to the Hotel Governor Clinton, doing a little
shopping, during the day. We did not contact anyone. We did not visit any
German community in New York. As a matter of fact George told me we should stay
away from all German communities in New York City.
ÒOn Tuesday morning about 10:00
oÕclock I tried to telephone George Clinton but he was not in so I went alone
to the Auto car near MacyÕs Department Store and met Richard and Henry. I was
with them for about one hour. Their feelings toward George were not very good
and they expressed them and said they had expected George to come and give them
suggestions as to what to do now. In the line of conversation they also told me
that they had been at the Martinique and had moved the 149 West 76th
Street, a house. Richard complained that George was not acting in the way he
should, especially by not appearing at this time. Richard and Henry appeared to
be very anxious to get
448
out of New York as soon as possible.
Richard and Henry explained they were spending their time shopping and waiting
for word as to what they were to do. It also appeared to me that they were
getting nervous and were becoming more and more suspicious of us.
ÒI personally did not give Richard and
Henry any instructions because George was the leader of the group and he alone
was to issue the instructions. I told them to stay at their place until noon
next day and either George or I would show up. They agreed to this and we
parted about noon.
ÒEither on Tuesday or Wednesday I
purchased a Leica camera and some camera parts at a camera store, which I
believe is called Photo Shop at 41st Street and 5th
Avenue. I paid about $150 cash for this camera. I would like to explain that
when I was in Germany I owned a Lecia and my wife and I used it continuously. It
was our only hobby. Due to financial difficulties in Germany my wife was forced
to sell the camera for money when I was in prison, and I resolved that some
time in the future I would buy a new Lecia with money furnished to me by the
German Government. I also bought some camera parts consisting of exposure
meters, some film and a filter. All of these items cost me about $180, I then
returned to the Hotel Governor Clinton, where I met George in his room and I
showed him the Leice camera and parts that I bought.
ÒWhen I saw George I told him that I
had been to
449
the Automat restaurant to see Richard
and Henry and they were pretty sore. George explained that he did not return to
the hotel and has spent the night playing pinochle. George also said that he
did not care to see Richard and Henry on Tuesday. I then gave George the
address where Richard and Henry were staying but George returned the address to
me and said that I should go see them as he did not want to see them, even the
following day. I did a little shopping on Tuesday but other than that did
nothing for the rest of the day.
450
ÒShortly before noon on Wednesday, I
went to 149 West 76th Street where I inquired for Richard and Henry.
A colored woman came to the door and when I asked for Mr. Quintas, the colored
woman told me that she never the name. After some questioning the colored woman
told me that a Mr. Albany moved in the day before and she finally took me to
the man she called Mr. Albany, who was Richard Quintas. About three minutes
after, I met Richard, Henry came from his room. For approximately the next
forty-five minutes, both Richard and Henry were using profane language
continuously when they found out that George had not come up with me. When
Richard asked me where George was I told them George was playing pinochle.
Towards the end of the conversation Richard told me that I should immediately
get in touch with George as he wanted to take over the command of the group.
ÒAbout this time I told Richard and
Henry that George was planning to leave New York City for a couple of days in
order to make some important contacts. I also told them that George had already
made preparations for us all to go to Chicago. I told them this in order to
keep them under control.
ÒRichard told me to go back to the
hotel and tell George to see him because he wanted to have to have it out with
George. I then returned to the Hotel Governor Clinton and met George. George
told me that he did not want to see Richard or Henry. I noticed that George
appeared to be a bit nervous. We again talked over our plans and confirmed our
former decision. I cheered George up
451
a bit, reminding him that we had
finally gotten back to the United States, where we originally had intended to
come; that while in Germany we couldnÕt refuse to do what they told us to do,
but that we had not done anything against the United States, and we were
actually doing everything we could to prevent the other boys from doing
anything against the United States. On Thursday morning I ate breakfast with
George, at which time George told me to visit Richard and Henry and encourage
them. George said he would probably leave for Washington in the evening.
ÒI then went up to Richard and Henry
on West 76th Street. I told Richard and Henry that George would
leave town that day for some place in New Jersey. I did not stay long with
Richard and Henry. I persuaded them to take it easy. I then returned to the
hotel and received a call for two letters at the desk. One was a paid up hotel
bill. The bill was paid by George. The other was a personal letter from George
telling me that he was on his way to Washington and that he felt relieved. I
then left the hotel and took a walk back to see Richard ad Henry and told them
that George finally had left and George had left a letter behind for me which I
had later destroyed.
ÒIn the evening I went out with
Richard. Richard and I went to visit various night spots on Broadway. Richard
returned to the Hotel Governor Clinton with me, and he took a room for the
night. His room was number 1422.
452
ÒOn Friday morning Richard and I had
breakfast together in my room. Richard then commenced to quarrel with me,
pointing out that George and I were living on a level above that which we were
supposed to and in a style which would leave traces of our activities. Richard
also pointed out that we were not living up to the orders given us by Germany.
Richard then left me without saying goodbye and mention that he would not stand
for what was going on and that George and I would have to suffer the
consequences. I wish to point out again that in Germany we were all instructed
that if anyone of us acted suspiciously, it was the duty of the others to
remove us. To prevent Richard and Henry from becoming to independent I again
visited Richard and Henry on Friday night. I took them to eat, after which
Richard and Henry came to my room at the hotel Governor Clinton.
ÒWhile I was in the bathroom, I
noticed Henry open the drawer of my writing desk and take out the letter which
George had written to me, telling me that he was going to Washington. I
observed this through the mirror. Henry then appeared to read the letter and he
handed it to Richard. They then returned the letter to the drawer. I also
observed that Henry took the paid bill of the Hotel Governor Clinton from the
right desk drawer and looked at it. It was obvious from this bill that we had
never stayed at the Hotel New Yorker. In order to prevent any possible bodily
harm to myself and in order o prevent Richard and Henry from asking me
questions, I hurriedly dressed and we all left the hotel. Richard
453
and Henry did not say anything about
the letter they found in the drawer of the writing desk. All of us took a
taxi-cab to meet some chance girl acquaintances.
ÒAfter some time the three of us left
the house together and I caught a taxicab back to the Hotel Governor Clinton. I
do not know where Richard and Henry went.
ÒI stayed in my hotel room until about
3:00 P.M. on Saturday, June 20th. I had expected to receive some
word from George or someone from the F.B.I. but I did not receive any such
word. I then went to a Rogers Post clothing store near 5th Avenue
and 42nd Street, where I met Richard and Henry. Earlier in the week
Richard, Henry, and I had been in this same Rogers Peet store where Richard and
I purchases some clothes. We were supposed to call for these clothes about 3:00
oÕclock Saturday afternoon. Richard and I called for our clothes at the Rogers
Peet store.
ÒPreviously, when I ordered the
clothes at this store, I gave my correct address, but I noticed that Richard
did not give a correct address. The three of us then stopped for something to
eat, after which ii returned to he Hotel Governor Clinton and Richard and Henry
left me. Before leaving I made an appointment with Richard and Henry to see
them the following Monday.
ÒAfter I got back to the hotel, I
tried on the clothes which I purchased and sat down to read a newspaper. In the
meantime I had left the room door unlocked. I wish to point out that ever since
George left the Hotel Governor Clinton I always left my room door open, when-
454
ever I was in the hotel, because I
expected any time after George left to be contracted by F.B.I. agents.
ÒAbout 5:00 oÕclock June 20th,
when I was in my hotel room, various Agents of the F.B.I. came to my room and
placed me under arrest.
ÒI wish to state in closing that I
have given the facts as fairly and as impartially as I can recall. I never had
the intention of carrying out the orders given to me by officials of the German
Government in connection with the mission on which I was sent to the United
States. I have every intention of fighting against the present German regime to
the best of my ability. I want to do this, not for reasons of personal profit,
but as a result of my own personal convictions. I am willing at any time to
cooperate to the fullest extent in any way possible, to assist the United
States Government in fighting the present German regime.
ÒI have read the above statement
consisting of 66 pages. This statement was given by me from June 23rd
to June 26, 1942, and I have initialed each page thereof, and signed my name in
full on that last page. I understand the English language very well and I
understand fully everything in this statement, the contents of which I gave
according to the best of my ability and recollection.
(Signed) ÒErnest Peter Burger
ÒWitnesses:
(Signed)
ÒCharles P. Lanman
Special
Agent, Federal Bureau of Investigation
U.S.
Department of Justice
U.S.
Court of House, Foley Square,
New York, N.Y.
(Signed)
ÒJoseph G. Fellner
Special
Agent, Federal Bureau of Investigation
U.S.
Department of Justice
U.S.
Court House, Foley Square,
New York, New York.Ó
455
The
Attorney General. May it please the Commission, I would like to offer in
evidence, which has been agreed to by counsel, photos tactic of drawings,
numbered p-86 to p-86T, both inclusive.
The
President. If there is no objections, that will be done.
[Photostactic
copies of drawings were marked,
respectively,
p-86, p-86A, p-86B, p-86C,
p-86D,
p-86E, p-86F, p-86G, p-86H
and p-86I, and received in evidence.]
Colonel
Royall. The same stipulation applies to defendants other than Burger?
The
Attorney General. Yes.
May I continue until 5 oÕclock, Mr.
President?
The
President. Yes.
The
Attorney General. You may cross examine.
Colonel
Royall. May it please the Commission, I thought that the Attorney General had some
further questions to ask. We would much prefer not to start the
cross-examination this afternoon, among other things, for the reason that,
thinking we would adjourn at 4:30, we had arranged to see a witness, and we did
not want to interrupt the direct examination. I would much prefer not to start
the cross-examination until tomorrow morning.
The
President. The Commission will adjourn until 10 oÕclock tomorrow morning. Is
that satisfactory to the two sides?
Colonel
Royall. Yes, sir.
The
Attorney General. Yes.
Colonel
Munson. May I make a technical motion before
456
adjournment,
if there is no further business?
The
President. Yes.
Colonel
Munson. Due to the fact that many witnesses come from a greater distance than
they can conveniently return at night, it is necessary, under the law, that
there be an order of the Commission in order to permit them to receive a per
diem granted in such cares, of $3 a day. Therefore I request the Commission
respectfully to adopt the following order:
ÒOrdered,
that civilian witnesses (other than witnesses who are salaried employees of the
Government and detained witnesses) before this Commission, who are in
attendance at points removed from their respective residences of over 100 miles
are so far removed from their respective residences as to prohibit their return
thereto from day to day, and are to be deemed entitled to the $3 per diem
allowed in such cased.Ó I ask that that order be adopted.
The
President. It is so ordered.
Colonel
Royall. Does that apply to witnesses for the defense?
Colonel
Munson. To all witnesses.
The
Attorney General. Would the Commission care to indicate substantially how long
it will sit tomorrow, so that we can arrange for witnesses to be here?
The
President. I shall be glad to have you express your wishes in the matter. I
understand that you would like to sit tomorrow just as we have heretofore?
The
Attorney General. That would be my preference.
The
President. Is that agreeable to the defense?
Colonel
Royall. I think so, sir, provided we do not sit on Sunday.
457
We
have been a trifle crowded for time, and we are very anxious not to move for
any sort of a continuance. However, I think we could utilize Sunday very well
in preparing the defense of our posse. We are running a little behind on it.
The
President. The Commission will not sit on Sunday under those circumstances. The
Commission is adjourned until tomorrow morning at 10 oÕclock.
[Whereupon, at 4:50 oÕclock p.m., an
adjournment was taken until tomorrow, Saturday, July 11, 1942, at 10 oÕclock
a.m.]