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rest at Mauthausen under the covername "Maus" (Mouse), Badoglio, under the name "Brausewetter." All prominent prisoners in the arrest building at Mauthausen received these covernames. On order of the Gauleiter Eigruber, the abovementioned were to be killed, but after further discussion with Col. Kuppert I refused to carry out this order. I sent these people to Dachau with the exception of Horthy who hid himself among the cells."

3. I, Hans Marsalek, declare in addition, as follows:

With reference to the number of one million to one and a half million murdered human beings in Hartheim, which was the number given by Franz Ziereis, it is pointed out to him by me that this number was too high. He however insisted on this number and explained to me that actually a great number of mentally deranged from the entire Southern Area of Germany were shipped there and liquidated. This accounts for the high number of victims. In spite of his serious injury and his knowledge that he would probably die soon, Franz Ziereis tried to put the greater part of the guilt on his subordinates.

In early summer of 1943, SS-Obergruppenfuehrer Dr. Kaltenbrunner visited the Concentration Camp Mauthausen. The Camp Commandant Ziereis, Gauleiter Eigruber, first leader of the Protective Custody camp Bachmeyer and several others accompanied Kaltenbrunner. I saw Dr. Kaltenbrunner and the people who accompanied him with my own eyes. According to the testimony of the "Corpse Carriers" of that time, the former prisoners Albert Tiefenbacher, present address Salzburg; and Johann Polster, present address Pottendorf near Wiener Neustadt, Austria; about fifteen prisoners of the arrest class were selected by Unterscharfuehrer Winkler, in order to show Dr. Kaltenbrunner three ways of extermination, by a shot in the neck, hanging, and gassing. Women whose hair had been cut were among the executed and they were killed by shots in the neck. Above-mentioned "Corpse Carriers" were present at the execution and had to carry the corpses to the Crematorium. Dr. Kaltenbrunner went to the Crematorium after the execution and later went into the quarry.

Baldur von Schirach visited the camp in fall of 1944. He, too, went to the arrest building and also to the Crematorium. Eight or nine "political" Austrians were shown to him at the time, and he promised to discharge them soon. As a matter of fact, actually one of these men, whose name I have forgotten, was discharged soon thereafter.

4. I declare that the above testimony was given by me voluntarily and that no compulsion was exerted on me.

It conforms to the truth, to the best of my knowledge and to the best of my conscience, and I swear to it.

Nurnberg, 8 April 1946.

/s/ Marsalek, Hans.
/t/ Hans Marsalek.

Subscribed and sworn to before me today this 8th day of the month of April 1946. /s/ Smith W. Brookhart Jr.

/t/ Smith W. Brookhart Jr. Lt. Col Executive Officer, Interrogation Division OUSCC APO 124A US Army.

Your Excellency;

TRANSLATION OF DOCUMENT 3901-PS

November 1932

Much Esteemed Herr Reich President:

Filled, like your Excellency, with profound love for the German people and the fatherland, the undersigned welcome hopefully the fundamental change which your Excellency has initiated in the conduct of state affairs. We agree with your Excellency on the necessity of a government run independently from parliamentary party matters; the ideas which your Excellency formulated with regard to a Presidial Cabinet bring this thought into the open.

The outcome of the Reichstag elections of November 6 of this year had demonstrated that the former cabinet, whose sincere intentions no one among the German people doubted, did not find adequate support within the German people for the pursuit of its course; it also demonstrated that the goal at which your Excellency is aiming has the support of a full majority of the German people if we as we should-exclude the Communist party whose attitude is negative to the State. Not only the Black-White-Red party and its related smaller groups, but the National Socialist German Workers Party as well are fundamentally opposed to the former parliamentary party regime; thereby they have agreed to the aim of your Excellency. We consider this result extremely gratifying and cannot imagine that the realization of the goal should now founder at the maintenance of ineffective methods.

It is evident that an oft-repeated dissolution of the Reichstag with increasingly frequent and sharpening elections would not only be detrimental to a political pacification and solidity but to an economic one as well. It is equally clear, however,

that any constitutional change which is not supported by the broad masses would elicit even worse economic, political, and psychical results. We therefore consider it a moral duty to ask your Excellency respectfully that, in order to attain the goals of your Excellency which all of us support, the reorganization of the Reich Cabinet be carried out in a manner which would line up the greatest possible popular force behind it.

We confess to be free of any narrow party-political attitude. We recognize in the national movement which penetrates our people the promising beginning of an era which, through overcoming of class contrasts only now creates the essential basis for a rebirth of German economy. We know that this rebirth will claim many sacrifices yet. We believe that these sacrifices can be made willingly only when the largest group of this national movement receives a leading share in government.

Entrusting the leader of the largest national group with the responsible leadership of a Presidial Cabinet which harbors the best technical and personal forces will eliminate the blemishes and mistakes with which any mass movement is perforce afflicted; it will incite millions of people who today are still standing apart, to a positive effort.

With full confidence in the wisdom of your Excellency and your Excellency's feeling of solidarity with the people, we greet your Excellency with the most profound respect.

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1.10.38

Supreme Command of the Armed Forces
No. 1103.38 Most Secret Ausl. VI.

7 Copies

7th Copy

To:

OKH (Section 6. Army General Staff)

OKM (Naval War Staff, 1st Division, for the attention of
Min. Rat. Dr. Eckhardt)

Reich Minister for Air and Civ C. Air Force (Air Force General Staff for the attention of Reg. Rat. Dr. Mueller) Foreign Office via the Foreign Office Representative (VAA) Enclosed is a list drawn up by Section L of the OKW of the violations of international law which may be expected on the part of fighting troops..

Owing to the short time allowed for the compilation, columns C 1 and C 2 had to be filled directly here for the time being. The branches of the Armed Forces are requested to send in their opinion so that a final version may be drawn up.

The same is requested of the Foreign Office.

The Chief of the Supreme Command of the Armed Forces.

3 Enclosures:

By Order
sgd. Burker

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