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Point 4: Some of the defendants would act rather strangely: They would make shameless utterances about the Fuehrer; they would incriminate their own people; they would incriminate each other wrongly, in part; and perhaps they would even incriminate themselves, and also wrongly.

All of these predictions have come true. As far as the witnesses and affidavits are concerned, in dozens of cases the defendants, under unequivocal oath, were confronted with statements made under oath.

I should only like to mention the name Messersmith who, for instance, knew the Great Admiral at Berlin and allegedly claims to have talked with him in Berlin when the Admiral was in the Indian Ocean or in the Pacific Ocean, to my knowledge.

These predictions of mine were not only made here at the beginning of these proceedings, but rather months before the beginning of these proceedings in England. And, among other things, I made these predictions to the physician who was with me, Dr. Jones, and at the same time I set these predictions down in writing.

I should like to base my predictions at some happenings in countries outside of Germany. In this connection I should like to emphasize right here and now, that, if I mention these incidents I am convinced from the beginning that the governments involved knew nothing whatsoever of these happenings. Therefore, I do not wish to accuse these governments in any way.

In the years 1936 to 1938, in one of these countries, political proceedings or trials were taking place. These were characterized in such a way that the defendants were accusing each other in an astonishing way. In part they cited great numbers of crimes which they had committed or which they claimed to have committed. At the end, when death sentences were passed against them, they clapped their approval.

This happened quite to the astonishment of the world.

Some foreign reporters, press people, reported that one gained the impression that these defendants, through a means unknown up until that time, had been transported into an abnormal state of mind, and that was the reason for their behaviors, the reason they acted the way they did.

These incidents were recalled to my mind through a certain happening in England. It wasn't possible for me there to receive the reports on the proceedings at that time just the way I had not had them here, but here the various numbers of the newspapers "Voelkischer Beobachter" were at my disposal. When I perused these numbers-I got to the date of the 8th of March-there was a passage I found here in a report from Paris, under the date of


the 7th of March 1938, it reads as follows: A large Paris newspaper "Le Jour" made revelations about the means which obviously were viewed in these trials. This is a rather mysterious means. I quote literally: this is the report: "This means affords the possibility that the victims are permitted to act and to speak according to the orders given them," and I emphasize and should like to refer to the fact that in this report of "Le Jour" it does not only say that' they can be made to speak according to orders given them, but that they can be made to act according to the orders given them. The latter point is of tremendous importance in connection with the actions which had not been explained, of the personnel of the German concentration camps, including the physicians and scientists who carried through these atrocious experiments on the inmates, incidents which normal human beings, especially physicians and scientists, could not possibly carry out. But it is of equally great significance as well, when we look at the actions of these people who, without doubt, gave the orders and directions for these atrocities in the concentration camps and who gave the order to shoot prisoners of war, and lynch-mob justice and others all the way up to the Fuehrer himself.

I should like to recall your attention to the fact that the witness Field Marshal Milch testified here that he had the impression that the Fuehrer during the last years was not quite normal mentally and a series of my comrades here quite independently of each other and without having any knowledge of the testimony which I am giving now, my comrades have told me that the facial expressions and the expression of the eyes of the Fuehrer in the last years contained something cruel and even had a tendency towards madness, and I can call the comrades involved by name.

I said before that a certain incident in England caused me to think of the reports of the earlier trials. My motive was that my surroundings during my internment acted towards me in an inexplicable way, in a way which would lead me to conclude that these people somehow were acting in a state of mind which was not normal. At the same time, these people of my surroundings, the people that surrounded me were exchanged from time to time, some of them who had been exchanged, and new people who came in, some of them had strange eyes. They were glassy eyes and they had a dreamy cast. The symptoms, however, lasted but a few days and then they created a completely normal impression. They could not be differentiated from completely normal human beings. Not only I noted these strange eyes but the doctor who attended me at that time, Dr. Jones-Johnston, a British military physician, a Scotsman. In the Spring of 1942 I had a visitor, a visitor who

quite obviously wanted to be nice to me and acted in a strange way towards me. This visitor had these strange eyes. Afterwards, Dr. Johnston asked me just what my opinion was of this visitor. He told me, rather I told him, that I had had the impression that for some reason or other he was not quite normal mentally and Dr. Johnston, not quite the way I expected, protested but agreed with me and asked me whether these strange eyes had not come to my attention, these eyes that had a dreamy cast. Dr. Johnston did not suspect that he, himself, when he visited me, had the same eyes.

The essential point, however, is that in one of the reports which might still be found in the press archives these are the trials which took place in Moscow; in these reports, it said that the defendants had strange eyes but they had glassy and dreamy eyes. I have already stated that I am convinced that the government involved knew nothing of these happenings, therefore, it would not be in the interest of the British Government, in my statements about that which I experienced in my internment, the outside world would be excluded; for in that way the impression would arise as if, in fact, something was to be concealed or in fact the British Government had been involved or had her fingers in the pie. On the contrary, I am convinced that the Government of Churchill, as well as the present government, gave directions that I was to be treated fairly and according to the rules of the Geneva Convention. I fully realize that everything that I should like to state, dealing with the treatment which I received, on first glance will be incredible but to my good luck, at an earlier period of time, prison guards treated the inmates which, first of all, at first glance, seemed quite incredible when the first rumors of this treatment reached the world. These rumors were to the effect that quite deliberately, prisoners had been permitted to starve to death, that the sparse food which they had been given, among other things, had been mixed with ground glass; that the physicians who attended the prisoners who had been taken ill as a result of this, that the prisoners had received harmful medicants and harmful medicines and in that way the number of victims was increased that way. For a fact, all of these rumors afterwards came out to be true. It is an historical fact that a monument was erected for 26,000 or so poor women and children who, in British concentration camps, who died in British concentration camps, in the most part died of hunger. Many Englishmen, among others Lloyd George, at that time objected to these happenings in British concentration camps and protested most emphatically, and an English eyewitness, Miss Emily Hopfords, objected; however, at that time, the world stood before the riddle which could not be explained, for the same riddle


working under the greatest sun which my people produced in its history of 1,000 years. Even if I could, I would not want to erase this period of time from my life. I am happy to know that I have done my duty to my country and my people, and my duty as a German, as a National Socialist, and as a loyal follower of my Fuehrer. I do not regret anything.

If I were once more at the beginning, I should act once more the way I did act, even if I knew that at the end I should meet death on a bonfire. No matter what human beings might do, some day I shall be before the judgment seat of the Almighty. I shall be responsible to him, and I know he will call me innocent.

3. AFFIDAVIT of Friedrich Gaus and Secret Additional Protocol [The following documents were offered in evidence as part of Hess' case and are published here because of their unique historic interest. The former was admitted, the latter rejected by the Tribunal.-Ed.]

Instructed as to the consequences of making a false sworn statement, I declare for the purpose of submittal to the International Military Tribunal in Nurnberg under oath the following, after having been requested to do so by Attorney at Law, Dr. Alfred Seidl, and it has been pointed out to me by him that according to the rules of procedure of this Military Tribunal, I, as a witness, am in duty bound to make such an affidavit as well as verbal testimony under oath.

I. Personal Data:

II. Facts:

My name is Friedrich Gaus, born on 26 February 1881 in Mahlum, District of Gandersheim, Evangelical-Lutheran religion, Dr. of Law, until the end of the war legal advisor, at the Foreign Office in Berlin and that finally with the title of "Ambassador for special duty" [Botschafter zur besonderen Verwendung]:

The preliminary history and the course of the negotiations for the political treaty of the Reich Government [Reichsregierung] with the Soviet Government in the fall of 1939 about which I, as a witness, have been asked by Attorney Dr. Alfred Seidl, as far as I personally participated as legal advisor, and as far as I remember at present, may be described as follows:

1. In the early summer of 1939-it must have been in the last half of June-the Reich Minister for Foreign Affairs at that time, von Ribbentrop, asked the then Secretary of State of the Foreign Office, von Weiszaecker, and me, to come to his estate of Sonneburg near Freienwalde on the Oder, and told us that Adolf Hitler

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