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Cover Sheet
STENOGRAPHIC TRANSCRIPT OF PROCEEDINGS
Before the
MILITARY COMMISSION TO TRY PERSONS
CHARGED WITH
OFFENSES AGAINST THE LAW OF WAR AND THE
ARTICLES OF WAR
________________
Volume II
Pages
143 to 291
143
CONTENTS
|
Name
of Witness |
Direct |
Cross |
Redirect |
Recross |
|
Warren
Barnes |
153 |
|
|
|
|
Lieutenant
Sydney K. Franken |
158 |
|
|
|
|
Recalled |
181 |
182 |
|
|
|
|
193 |
195 |
|
|
|
Charles F.
Lanman |
167 |
|
|
|
|
Recalled |
175 |
176 |
|
|
|
Recalled |
238 |
|
|
|
|
Recalled |
269 |
|
|
|
|
Spencer
J. Drayton |
170 |
|
|
|
|
Gerhard
P. Hundt |
196 |
200 |
203 |
|
|
D.J.
Parsons |
202 |
236 |
242 |
|
|
B.
Downey Rice |
247 |
265 |
267 |
|
EXHIBITS
|
Prosecution |
For
Identification |
In Evidence |
|
13-A Letter |
|
149,152 |
|
13-B Message by Joseph A. Bresnan, Lieutenant
Commander, United States Coast Guard, in re “beach patrol” |
|
150,152 |
|
13-C Letter, 6/13/42, District Coast Guard
Officer, Third Naval District to Commanding Stations, Third Naval District |
|
150,152 |
|
13-D |
|
152 |
|
35 Article out of duffel bag |
154 |
157 |
|
36 Coat |
155 |
157 |
|
37 Coat |
155 |
157 |
|
38 Coat |
155 |
157 |
|
39 Pair of trousers |
155 |
157 |
|
40 Brown vest |
155 |
157 |
|
41 Pair of wool socks |
155 |
157 |
|
42 Swimming shorts |
156 |
157 |
|
43 Pair of sneakers |
156 |
157 |
|
44 Card in German |
165 |
165,197 |
|
45 Slip of paper in German |
166 |
166 |
|
46 Blue handkerchief |
171 |
193 |
|
47 Yellow handkerchief |
171 |
193 |
|
48 Pills and piece of paper |
171 |
193 |
|
49 Wool |
171 |
193 |
|
50 Matches and broken shoelace |
171 |
193 |
144
-2-
CONTENTS
EXHIBITS
|
Prosecution |
For
Identification |
In
Evidence |
|
51 Pair of trousers |
|
202 |
|
52 Photograph |
211 |
|
|
53 “ |
211 |
|
|
54 “ |
211 |
|
|
55 “ |
211 |
|
|
56 “ |
211 |
|
|
57 “ |
211 |
|
|
58 “ |
211 |
|
|
59 “ |
211 |
|
|
60 “ |
211 |
|
|
61 “ |
211 |
|
|
62 “ |
|
218 |
|
63 “ |
|
218 |
|
64 “ |
|
218 |
|
65 “ |
|
218 |
|
66 “ |
|
218 |
|
67 “ |
|
218 |
|
68 “ |
|
218 |
|
69 “ |
|
218 |
|
70 “ |
|
218 |
|
71 “ |
|
218 |
|
72 “ |
|
218 |
|
73 Consent to remain in custody, Burger |
239 |
242, 243 |
|
74 Waiver of removal, Burger |
239 |
243, 245 |
|
75 Consent to search, Burger |
239 |
243, 246 |
|
76 Wallet |
249 |
260 |
|
77 Social Security card |
249 |
271 |
|
77-A Accompanying photograph |
249 |
271 |
|
78 Card |
249 |
271 |
|
78-A Photograph of card #78 |
249 |
271 |
|
78-B “
“ “ |
249 |
271 |
|
79 Money belt |
249 |
271 |
|
80 Suit case |
249 |
|
|
81 Envelope |
|
260 |
|
82 “ |
|
260 |
|
83 Suit case |
259 |
|
|
84-A to
84-J Series of photographs of physical
exhibits |
288 |
|
--ooOoo--
145
STENOGRAPHIC TRANSCRIPT OF PROCEEDINGS
Before the
MILITARY COMMISSION TO TRY PERSONS
CHARGED WITH
OFFENSES AGAINST THE LAW OF WAR AND THE
ARTICLES OF WAR
________________
The Military Commission appointed by
the President by order dated July 2, 1942, met, in room 5235 Department of
Justice, at 10 o’clock a.m., to try for offenses 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, Hermann Neubauer,
Richard Quirin and Werner Thiel.
PRESENT: Members of the Military Commission, as follows:
Major General Frank R. McCoy,
President,
Major General Walter S. Grant,
Major General Blanton Winship,
Major General Lorenzo 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
Major General Myron Cramer,
The
Judge Advocate General,
Colonel F. Granville Munson,
Colonel John M. Weir,
Colonel Erwin M. Treusch,
Major William T. Thurman,
Officers of the Judge
Advocate General’s Department.
Oscar Cox,
Assistant
Solicitor General of the
James H. Rowe, Jr.,
Assistant
to the Attorney General.
146
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 Lauson H. Stone,
Captain William G. Hummell.
As Counsel for the
Accused George Jean Dasch:
Colonel Carl L. Ristine.
- - - - -
PROCEEDINGS
The President. The Commission is open.
Colonel Munson. May the record show that all of the personnel
of the Commission, the prosecution, and defendants who were present at the
close of the previous session in this case are now present; all of the accused
are present, and the reporter is also present.
I note the absence of Captain Hummell of defense counsel.
Colonel Dowell. He is absent temporarily on a mission.
The President. Lieutenant Page, have you checked and are you
sure that all present are entitled to be present under the rulings of
yesterday?
Lieutenant Page. I have, sir, and all are entitled to be
present.
Colonel Munson. May it please the Commission, I would like to
read into the record the order appointing Colonel Carl L. Ristine as Counsel
for the Accused George John Dasch. This
order is entitled “AG 201-Ristine, Carl L.
(
JFM/jp-1505.
147
“Subject: Orders
“HRU: The
Inspector General.
“TO: Colonel
Carl L. Ristine (0-168245) I.G.D.
“The
Secretary of War directs that you report at once to the President of the
Military Commission appointed by the President, under date of
“J.A.
Ulio
Major
General,
The
Adjutant General.
“1st
“War Department, IGO,
“For
compliance.
“For
The Inspector General:
“GEORGE
FOX MOIT
Major,
I.G.D.,
Acting
Executive.”
The President. I would like to have the reporter make a note
that a copy of this order was received by the President of the Commission prior
to the opening session, and this Colonel Ristine was accepted and present from
the beginning of the first session.
Colonel Royall. Mr. President, the order was approved for two
copies of the testimony to be furnished defense counsel. That was agreed upon before Colonel Ristine
came into the case. WE have this morning
informally consulted with the Attorney General and representative of the Judge
Advocate General as to having an extra copy made from this point on to be
available to Colonel Ristine. I
understand there is
148
no
objection and that the Judge Advocate General will handle the military
procedure necessarily if the court approves action.
Colonel Munson. May it please the Commission, of course that
is a matter for the direction of the Secretary of War, and we will take up with
the Judge Advocate General the request of defense counsel and ask that we be
authorized to furnish an additional copy to Colonel Ristine.
Does the Commission desire to have the
record placed before it daily? I have in
my hand the transcript of yesterday’s proceedings, if the Commission so
desires.
The President. We would like to have the Commission
furnished with such copy daily, so that we can refer to it if necessary.
The Attorney General. May it please the Commission, I would like to
have these documents marked P-13A, P-13B, P-13C and P-13D.
The President. Mr. Judge Advocate General, the Commission
feels that there is no necessity of going to the Secretary of War in furnishing
a copy of the record to Colonel Ristine.
The Commission authorizes you to furnish a copy to Colonel Ristine.
The Judge Advocate General. The only reason for that, Mr. President, was
to get an order to pay the reporters’ bill, from a financial viewpoint.
The Attorney General. The Commission will remember that there was
objection made to my offering an exhibit which yesterday had been identified as
P-13, with certain letters designating each page. I have had that exhibit now as its substance
has been changed marked P-13A, P-13B, P-13C and P-13D,
149
and
I am told that counsel for the defendants agree, so far as the technical proof
of the exhibit is concerned, to have it introduced, preserving their objection
to the materiality of the exhibit.
I will now offer Exhibit P-13 and read
it to the court.
The President. Does that include a copy of the map?
The Attorney General. That includes a copy of the map.
Colonel Dowell. That is correct.
The Attorney General (reading):
“CONFIDENTIAL
602
P-13-A
“UNITED
STATES COAST GUARD
“
“Officer of the District
Coast Guard Officer
Third Naval District
Room 411, Custom House.
“From: District
Coast Guard Officer, Third Naval District,
“To: Officers
in Charge, All Stations Third Naval District.
“1.
Immediately upon receipt hereof you will arrange to have two men on patrol
during each watch in order that the entire shore line may be covered on each
side of your station.
“2.
The above instructions are, of course, not applicable to units that are unable
to patrol in but one direction but every member of your crew when on patrol
should be instructed to be on alert to observe the condition of the beach in
order to determine whether or not landings have been made thereon subsequent to
the time the patrol was previously covered and any such observations should be
reported immediately.
150
“3.
If for any reason sufficient personnel are not available to maintain any part
of the patrol in the manner outlined above, a notation to that effect should be
made in the station log.
“S.R.
Sands,
By
direction.
“Certified
to be a true copy of official record:
“L.T.
Chalker,
Assistant
Commandant.”
This is a message sent by Joseph A.
Bresnan,
P-13-B
“Reference
beach patrol instruction dated 11 April 1942 X These instructions were placed
in effect on receipt by stations and continued in effect to and through 13 June
1942 and until they were amended by instructions dated 13 June 1942 but not
placed in effect until subsequent dates when received at lifeboat stations X
Signed Capt A J Sexton Chief of Staff.”
(Reading
further:)
P-13-C
“UNITED
STATES COAST GUARD
“602 – RESTRICTED
“Office
of District “
Coast
Guard Officer,
Third
Naval District
Room 411, Custom House
“From: District
Coast Guard Officer, Third Naval District.
“To: Commanding
Officers All Lifeboat Stations, Third Naval District.
“Subject: Patrols.
“1.
The present system of maintaining patrols as per schedule approved by this
office is hereby rescinded.
151
“2.
At all future times, until further advised, the patrol at all stations will be
under the direct supervision of the officer in charge of each unit who is
hereby directed to prepare a daily patrol schedule to be maintained
continuously in thick weather, during the hours of darkness and at such other
times as may be considered advisable.
“3.
The patrol will be staggered and will depart from the station in each direction
at such times and under such conditions as may be prescribed by the officer in
charge, having in mind the manner in which he believe the most effective
results will be obtained.
“4.
You are further directed to instruct all personnel performing patrol duty to
challenge every person whom he meets while on patrol and require him to
produced satisfactory means of identification, as the mere wearing of uniform
of the Army, Navy, Coast Guard, or Civilian Defense Force is not considered
adequate means of identification.
“5.
If, under certain conditions, it may seem foolhardy for the patrolman to
challenge a person, or group of persons, he may encounter, he should be
instructed to immediately report all facts to the nearest Coast Guard unit by
the most practicable method.
“R.W.
DEMPWOLF
“Certified
to be a true copy of official record:
“L.T.
Chalker,
Assistant
Commandant.”
152
Colonel Dowell. May it please the Commission, I would like to
have the certification of the teletype message also read to the Commission.
The Attorney General (reading):
“Certified
to be the original message received from District Coast Guard Officer, Third
Naval District via Teletypewriter WA-161 at Coast Guard Headquarters,
“JOSEPH A.
BRESNAN
LIEUT.
COMDR. USCG
COMMUNICATIONS
WATCH OFFICER.
“Certified
further that the above message was sent from
“FRANK E. POLLIO
LIEUT.
COMDR., U.S.C.G.”
Colonel Royall. That certification was the reason for our
withdrawing our technical objection.
That was not present yesterday. I
wished to make certain that the record shows that we object to this on the
ground of irrelevancy.
The Attorney General. We would like to have this exhibit, including
the map, made a part of the record.
Does the Commission wish to look at
this map (handing map to the Commission)?
The President. The remark of defense
counsel as to the relevance of this record causes me, as representing the
Commission, to state that it will be received in the evidence.
(The
documents referred to, previously
marked
for identification P-13A, P-13B,
P-13C and P-13D, were received in
evidence.)
153
The Attorney General. I will recall Mr. Barnes.
WARREN BARNES, CHIEF BOATSWAIN’S
Colonel Munson. The witness is reminded that he is still
under oath.
DIRECT EXAMINATION--Resumed
Questions by the Attorney
General
Q Mr.
Barnes, you were in charge of the Coast Guard station, you
A Yes,
sir.
Q What
are did that cover?
A That
covered from Amagansett station about 2 miles farther east to Napeaque station,
and 3 ½ miles west toward the Georgica station.
Q So
that, roughly, the extent was 6 miles along the coast?
A Yes,
sir.
Q Is
there a Coast Guard radio station situated on the coast there?
A Yes,
sir. There is one right in rear of the Coast Guard, and the Navy station is on
the same reservation, sir.
Q Where
is that Naval reservation?
A To
the north are the barracks and the administrative quarters, and over at the
beach is the compass station.
Q What
orders did you give your men with respect to patrolling that area?
Colonel Royall. We object on the ground of irrelevance and
immateriality. That was asked yesterday.
154
The Attorney General. That question was not asked yesterday. I think the question was with respect to
other orders. It is relevant to show
what his men did to prevent invasion by the enemy along that coast. I think it is highly relevant.
The President. Have you any further remarks?
Colonel Royall. No, sir.
I think our remarks yesterday addressed to a similar question, are all
that we care to say about it. The
Commission ruled against us on the other question, but I did not want to waive
our rights.
The President. Subject to objection by any member of the
Commission, the objection is not sustained.
The Attorney General (addressing the
reporter). Will you read the question?
(The reporter read as
follows:)
“Q What orders did you give your men with respect to patrolling
that area?”
The Witness. I told them to watch out for anything they
saw of a suspicious nature or character, and not to run into any traps, and be
sure that if they saw anything, such as a boat signaling the people on the
beach, that would cause or arouse suspicion, to come back and notify us
immediately and we would investigate it.
The Attorney General. I will ask the report to mark this for
identification as Exhibit P-35, and will ask him to mark it on the green card.
(An
article of clothing was marked P-35 for identification.)
Questions by the Attorney
General
Q I
show you this article. Is that part of
the
155
material
that came out of the duffel bag?
A Yes,
sir.
Q I
show you a coat marked for identification P-36, and ask you if you recognize
that as part of the material?
A Yes,
sir.
(Coat
was marked P-36 for identification.)
Q I
show you a coat marked P-37 and ask you if that is part of the material?
A Yes,
sir.
(A
coat was marked P-37 for identification.)
Q I
show you a coat marked P-38 and ask you if that is part of the material?
A Yes,
sir.
(Coat
marked P-38 for identification.)
Q I
show you a pair of trousers marked P-39 and ask you if that is a part of the
material?
A Yes,
sir.
(Pair
of trousers were marked P-39 for identification.)
Q I
show you what appears to be a brown vest marked P-40 and ask you if that is
part of the material?
A Yes,
sir.
(Brown
vest was marked P-40 for identification.)
Q I
show you a pair of wool socks, marked for identification P-41, and ask you if
that is part of the material?
A Yes,
sir.
(Pair
of wool socks was marked P-41 for identification.)
156
Q I
show you a pair of swimming shorts marked P-41 for identification, and ask you
if that is part of the material.
A Yes,
sir.
(Swimming
shorts were marked P-42 for identification.)
Q I
show you a pair of sneakers, marked P-43, and ask you if that is a part of the
material?
A Yes,
sir.
(A
pair of sneakers marked P-43 for identification.)
Q What
did you do with the material that you identified? I think you
A Yes,
sir.
Q And
put it in his possession?
A Yes,
sir. I turned the duffel-bag over to
him.
The Attorney General. I would like to offer all the material
exhibits. It seems to be unnecessary to
name them specifically; and, with the permission of the Commission, I should
like to have the photographs attached to the exhibits spread on the original
record and the physical exhibits themselves turned back to the custody of the
FBI. I understand there is no objection
to that method of handling.
Colonel Royall. There is no objection to that method of
handling, nor is there any objection to the introduction of the exhibits. However, the defense would like to request
that those tabs which are affixed there to and which were not introduced in
evidence be not made a part of the record.
I assume it is not your purpose to do that anyhow?
157
The Attorney General. That is right.
(Exhibits Nos. P-35 to P-43, inclusive,
were received in evidence.)
Questions by the Attorney
General
Q I
think you said you turned them over to Lieutenant Niraschel. There were two officers. What was the name of the other officer?
A Franken.
The Attorney General. You may cross examine.
158
Colonel Royall. Defendants represented by Colonel Dowell and
myself do not desire to ask any questions.
Colonel Ristine. No questions.
The President. The witness is excused.
The Attorney General. Do counsel for the defense wish this witness
to stay in court?
Colonel Royall. We have no desire for him to stay in court.
The Attorney General. May we let this witness go?
The President. Yes.
Lieutenant Page. S.K. Franken.
This witness has not been sworn as to secrecy.
Colonel Munson. Lieutenant, there are two oaths you
take. The first oath you take is an oath
of secrecy, and that is followed by the oath of a witness.
Do you solemnly swear that you will
not divulge the proceedings taken in this trial to anyone outside this
courtroom until release from your obligations by proper authority or required
so to do by proper authority?
Lieutenant Franken. I do.
Colonel Munson. You swear that the evidence you shall now
give in the case on hearing will be the truth, the whole truth, and nothing but
the truth, so help you God?
Lieutenant Franken. I do.
LIEUTENANT SYDNEY K. FRANKEN
was
called as a witness for the prosecution and
DIRECT EXAMINATION
Question by Colonel Munson:
159
Q Will
you please state your name, rank, organization, and station?
A Lieutenant,
Junior Grade, Sydney K. Franken,
Questions
by the Attorney General:
Q Mr.
Franken, as a result of a message to you, did you go to the Coast Guard Station
at Amagansett, on June 13?
A I
did, sir.
Q Where
is the station situated?
A The
station is situate at Amagansett in
Q Who
was there when you arrived?
A There
wasn’t anybody at the station when we arrived except a few of the seaman?
Q Did
Mr. Barnes, who was in charge, come in afterwards?
A Mr.
Barnes came in later.
Q With
certain materials?
A Mr.
Barnes came in after with certain material.
Q Was
that material handed over to you?
A Mr.
Barnes brought the material into the garage of the station—that is, at the rear
of the station, on the beach side, and we were in the office of the station
questioning Seaman Cullen, and he told us to come into the garage, and we did,
and we saw the material, and it was turned over to us there.
Q Will
you generally describe the material, without going into detail?
A There
were four cases, wooden cases, bound with wire
160
tape. One had one X-mark on it and three had two
X-marks on them, I believe. There was a
sea bag, dark-gray material, at that time—of course, it was wet and there was
sand on it—and in the sea bag were various articles of clothing—some shoes,
sneakers. There were some bathing
trunks.
Q Supposing,
to save time, you come here to identify the material. I show you what has already been identified
as Exhibits 35 to 43 for the prosecution.
I am showing you this box. Is
that the X on the outside that you say it was marked with?
A Yes.
Q This
is the box that was opened? Was it
opened or did you open it?
A No;
all the boxes were sealed when they were brought in, just as they were picked
up.
Q That
was the box that was opened in the Coast Guard Station?
A That
was the box that was open when I was in there.
Q Someone
had opened it. Will you look at this
material which is on the table, which has been identified as Exhibits 35 to 43,
and tell the Commission whether or not this was the material that was turned
over to you in the Coast Guard Station, taken out of the duffel bag, and the
material that was brought to you? Will
you look at it and see if that is the material?
A This
is the box, and we opened the box and inside was the hermetically sealed tin
container.
Q Did
you open the tin container?
A The
tin container was opened in the presence of
161
Lieutenant
Nirschel and myself by the Chief in the Napeaque Station, and I personally took
some of the material out of the container.
Q What
did you do with the material that you took out of the container?
A We
took out only a small amount of material at that time.
Q What
did you take out?
A Mostly
cardboard boxes, and in the cardboard boxes we found the small time bomb
mechanisms, pens and pencils of the explosive type.
Q What
did you do with those mechanisms?
A We
just opened the boxes, looked at them, and then placed them into the container.
Q Into
the container?
A The
other three boxes we did not open.
Q Do
you identify these clothes—some on the floor here?
A This
is the sea bag.
Q This
is the sea or duffel bag, referred to in both ways?
A Yes.
This is a hat that was in the sea bag.
Q Referring
to P-22. It is not necessary to go
through each item.
A There
were four jackets, two of a light-weight material and two of the heaviest
material, and three trousers which were identified by the buttons thereon, by
the general description as the German naval fatigue uniform. These are the uniforms.
162
Q These
are the trouser and the jackets?
A Yes,
sir.
Q You
identify the rest of the material? Just
look through it and state to the Commission that you identify that.
A This
is one sneaker—a pair of sneakers. There
were a heavy pair of shoes that are on the floor. There were cigarettes we took out of the
pockets of the uniforms. There was a
slip of paper we took that fell off the sea bag, containing the name of an
organization—the Germany Navy.
Colonel Royall. We object.
This witness is volunteering conclusions and information that he is not
asked. Among other things, he said this
was a German naval uniform. No one asked
him that question. We do not happen to
object to that remark particularly, but I would like to have him cautioned not
to state the contents of papers or make statements to which no inquiry is
directed.
The President. For the moment the witness will confine
himself to identification in answer to the question of the Attorney General.
The Witness. Yes, sir.
Questions by the Attorney
General:
Q If
you will simply identify that on the table and under the table, it will save
time. You might pick these up and put
them on the table.
A I
identify the cravenette or the raincoat being in the sea bag.
Q These
are the cigarettes that you referred to, marked “P-30 for identification?”
A Yes,
sir; they are. I identified this piece
of
163
clothing
as being in the sea bag, and the bathing trunks.
Colonel Royall. Mr. President, we move to strike from the
record the
The Attorney General. I have no objection, because we will
introduce it at the proper time.
The President. The objection of the defense to irrelevant
information and identification which have not been asked by the Attorney
General will be sustained, and that will be struck from the record.
Questions by the Attorney
General:
Q Now,
Mr. Franken, what did you do with these exhibits that you have already
identified, including the other three boxes which were not opened?
A We
place all the material in the rear of our station wagon and immediately took it
to
Q Who
accompanied you to
A Lieutenant
Nirschel accompanied me to
Q What
was done with the material?
A We
brought it into the Captain’s office, and we opened the remaining three cases,
and we completely emptied the one case that had been opened at Amagansett. We examined all the material.
Q Did
you open any of the other boxes?
A We
opened each of the other three boxes at that time;
164
yes,
sir.
Q Did
you remove the containers?
A We
removed several of the top layers.
Q You
mean you opened the containers and removed some of the contents?
A We
opened the wooden containers. Then we
opened the tin containers on the top side, and we removed several of the top
layers of the blocks of material that were in the other three containers.
Q What
did you do with what you removed?
A That
we just spread out on the tables and on the desks in the Captain’s office.
Q What
was then done with this material?
A Then
Mr. Donegan of the FBI and Mr. Lanman--
Q L-a-n-m-a-n?
A Yes,
sir, and Mr. Emerich of the FBI.
Q They
came to your office?
A They
came to the Captain’s office.
Q They
came to the Captain’s office. You were
present?
A We
were present. We did on occasion go out
of the office. We were present.
Q What
was done with the materials?
A They
gathered up all the material and they took it away.
Q I
show you P-40, the brown weskit, and ask you where that was found, and whether
it was part of the other clothing that you identified (handing an article to
the witness).
A This
was part of the other clothing identified.
When the material was opened in the Captain’s office it made quite
165
a
mess. The wooden boxes and sawdust were
spread all over the office, and later we picked this vest up in the room, and I
remember seeing it out at Amagansett, and this is part of the material that was
in the sea bag.
Q Was
it turned over to the agents of the FBI when this material was turned over?
A No,
sir.
Q What
did you do with it?
A It
was turned over to the agents of the FBI on Wednesday morning--I believe it was
the 17th of June.
Q Now,
I am showing you an exhibit, which I will ask to have marked for identification
“P-44.”
(Article
referred to was marked “P-44.”)
Questions by the Attorney
General:
Q I
ask you if you can identify it.
A Yes,
sir. I can identify this. This was found in one of the pockets of the
uniforms.
Q In
one of the pockets of the uniforms?
A In
the sea bag at Amagansett.
Q At
Amagansett?
A Yes,
sir.
The Attorney General. I offer this in evidence and ask that it be
spread in the record.
(Prosecution
Exhibit 44 was received in evidence.)
The President. May I ask, Mr. Attorney General, if it is the
intention to have this written material read and put in as evidence?
The Attorney General. Mr. President, the written material
166
being
in German, I would prefer to call a translator and have it read and translated
at the same time, if that meets with your approval.
I ask the report to mark this
“Prosecution 45.”
(Slip
of paper was marked P-45.)
Questions by the Attorney
General:
Q I
ask the witness whether he can identify Exhibit 45, this small slip of paper
which I show you.
A Yes,
sir. That small slip of paper was
attached to the sea bag that we got at Amagansett from Chief Barnes, and we
picked it up and preserved it.
The Attorney General. I offer this in evidence and at the same time
request the indulgence of the Commission.
I can read it to the Commission when the translator arrives.
(Prosecution
Exhibit 45 was received in evidence.)
The Attorney General. Cross-examine.
Colonel Royall. No questions.
Colonel Ristine. No question.
The President. Are there any questions by the
Commission? There seem to be none. The witness is excused.
The Attorney General. Have I the Commission’s permission to let the
witness go?
The President. Yes.
Lieutenant Page. C.F. Lanman.
This witness has not been sworn as to secrecy.
Colonel Munson. You will take two oaths, one oath as to the
secrecy of this hearing, and then the regular oath as to your
167
Do you solemnly swear that you will
not divulge the proceedings taken in this trial to anyone outside the courtroom
until released from your obligation by proper authority, or required so to do
by such proper authority?
Mr. Lanman. I do.
Colonel Munson. Do you swear that the evidence you shall give
now at the hearing shall be the truth, the whole truth, and nothing but the
truth, so help you God?
Mr. Lanman. I do.
CHARLES F. LANMAN
Was
called as a witness for the prosecution and
Question by Colonel Munson:
Q Will
you please state your name, residence or office address, and occupation?
A My
full name is Charles F. Lanman. I am
special agent of the Federal Bureau of Investigation, assigned to the New York
Office.
DIRECT EXAMINATION
Questions by the Attorney General:
Q Mr.
Lanman, on June 13 did you go to the Barge Office at
A Yes,
sir, I did.
Q At
what time did you go?
A At
approximately
Q Who
was there?
A There
was Lieutenant Nirschel and Lieutenant Franken of the Coast Guard, and numerous
other Coast Guard officers.
Q Did
you see the material that they had, which has been referred to?
168
A Yes,
sir, I did. They had it in the office on
the floor when we arrived there.
Q Will
you look at the clothes on this table, which have been identified as Exhibits
35 to 43, and tell us whether or not that was the material?
A Yes,
sir. This is the material here.
Q Is
that the wooden box and the tin container, the box being marked X?
A The
box marked X, yes, sir.
Q What
else was there in addition to the material on this table?
A Numerous
explosives and timing devices, some wire fuses—
Q Were
there other wooden boxes?
A And
other wooden boxes also.
Q How
many?
A There
were four wooden boxes and four tin tanks.
Q Had
they all been opened?
A They
had all been opened.
Q Were
they similar to the wooden box and tin tank on that table?
A Yes,
sir; identical.
Q Did
you also see Exhibit 45, which I show you here?
Was that among them and turned over to you?
A At
the time—that was in the duffel bag and I did not see that at the time, until
after the return to the office.
Q It
was among the material you took back to the office?
A It
was among the material we took back to the office, yes, sir.
169
Q Was
that also true of Exhibit 44, which has been identified as a card taken from
one of the coats?
A Yes,
sir.
Q That
was part of the material turned over?
A Yes,
sir.
Q I
show you a brown vest which has already been marked “P-40.” Was that part of the material that was turned
over to you later?
A That
was brought to us later.
Q What
did you do with that later?
A Together
with the special agent in charge, T.J. Donegan, and Special Agent Emerich, I
assisted in removing this material to the
Q That
includes, of course, the three other boxes?
A Yes,
sir; the four tin tanks, the four wooden boxes, and the sea bag.
The Attorney General. Cross-examine.
Colonel Royall. No questions at this time. We may want this witness returned.
The President. Are there any questions by the
Commission? There seem to be none. You are excused for the moment.
Are you conscious of the fact that any
violation of the oath as to secrecy is subject to penal action by contempt of
this Commission?
The Witness. I am, sir.
Lieutenant Page. Mr. S.J. Drayton. This witness has not been sworn as to
secrecy.
Colonel Munson. You will take two oaths, one oath as to
170
the
secrecy and the other is the oath for a witness.
The President. Colonel Munson, will you be careful to
explain the contempt clause after the oath?
Colonel Munson. Yes, sir.
The President. The power of the Commission to punish for any
violation.
Colonel Munson. Yes, sir.
Do you solemnly swear that you will
not divulge the proceedings taken in this trial to anyone outside the courtroom
until released from your obligation by proper authority or required so to do by
proper authority?
Mr. Drayton. I do.
Colonel Munson. You understand, sir, that the taking of that
oath places you under an obligation to be followed by the penal consequences in
case it is violated?
Mr. Drayton. I do.
Colonel Munson. You swear that the evidence that you shall
give now in the hearing will be the truth, the whole truth, and nothing but the
truth, so help you God?
Mr. Drayton. I do.
SPENCER J. DRAYTON
was
called as a witness for the prosecution and
Question by Colonel Munson:
Q Will
you state, please, your name, residence or office address, and occupation?
A Specner
J. Drayton. I reside at
171
DIRECT EXAMINATION
Questions
by the Attorney General:
Q On
A They
did, sir.
Q Did
you identify each article for clothing and the material that was brought by
tagging it?
A Yes,
sir.
Q What
did you do to the tags to identify them?
A I
initialed them, sir.
Q Will
you look at this material and see whether this is the material that you tagged
and initialed?
A I
received this canvas bag--
Q I
think, to save time, if you will run through that material and identify it
quickly, you can then state to the Commission that you have identified all of
it.
The Attorney General. Mark these, to save time.
(Various articles were marked P-46
through 50, respectively.)
A I
received all of it, sir, with the exception of this hat.
Questions
by the Attorney General:
Q With
the exception of the hat. Can you
identify the hat? Did you see it?
A No,
sir.
Q Now,
if you will take the stand again.
I show you exhibits marked for
identification 46, 47, 48, 49, and 50, and ask you whether you will identify
them.
A Yes,
sir. I received all these at the same
time.
172
The Attorney General. I offer these in evidence. Perhaps the Commission would like to see one
of these exhibit, Exhibit 50, some French matches; the others have no
particular significance. They were part
of the material, he said, which was turned over by the intelligence officers of
the Coast Guard at his office.
Colonel Royall. Are those articles going to be identified by
any of the other witnesses?
The Attorney General. The Coast Guard intelligence officer
The Witness. I believe they turned them over to Special
Agent Lanman, who turned them over to me.
Question by the Attorney
General:
Q Well,
you were with Lanman?
A No.
The Attorney General. Then, we can call Lanman back.
Colonel Royall. I did not object to it, but I though they had
been articles that had probably been identified by the others. However, I think that we would object on the
ground of insufficient identification unless they are connected up by the
various persons who handled them, because they may be of some special
significance.
The Attorney General. We will call the other agents back before
offering these exhibits.
173
Questions by the Attorney
General:
Q There
were in addition to what has been exhibited to the Commission three other
wooden boxes with containers, the contents or some of the contents of which had
been removed; is that correct?
A That
is right, sir.
Q Generally
the contents consisted of what?
A TNT,
I believe, sir, a number of detonators, a number of fuses--
Q (Interposing)
That is sufficient; I simply want to trace them.
What did you do with the contents of
those containers and boxes?
A Turned
all those over to Special Agent Parsons, of the Federal Bureau of
Investigation.
The President. Mr. Attorney General, the previous witness,
Mr. Lanman, is subject to recall?
The Attorney General. Oh, yes.
The President. He has not been excused?
The Attorney General. No, no; I directed him to stay. He is going to
Colonel Royall. It occurs to us, Mr. President, that possibly
all these articles which have not been identified by any member of the Coast
Guard--and we might make the point--should be identified by them, because they
are the ones who found them on the beach.
We did not want those witnesses further because we were of the
impression that they had identified everything.
I thought I should state that, for the
Attorney General
174
may
want to recall them.
The President. Possibly they could be identified in some
other way, but if not, I should think that you might take cognizance of the
remarks of defense counsel and perhaps send for those Coast Guard men.
The Attorney General. The Coast Guard officer will not be able to
identify these four exhibits separately.
He has already
I will recall Mr. Lanman and ask him
whether or not these four exhibits were part of what had been turned over by
the Coast Guard. That does seem to me to
be sufficient identification.
The President. I think that that would be sufficient.
The Attorney General. Cross-examine.
Colonel Royall. No questions, sir.
Colonel Ristine. No questions, Mr., President.
The President. Are there any questions by the Commissions?
(There was no response.)
The President. There seem to be none.
I take it, as I understand it, that
the witness is to remain?
The Attorney General. He is to remain.
We will recall Mr. Lanman.
Lieutenant Page. Mr. C.F. Lanman. This witness has been sworn as to secrecy.
Colonel Munson. Mr. Lanman, you are reminded that you are
still under oath.
Mr. Lanman. Yes, sir.
175
The President. I should like to have the witness take the
stand, please, and have the information brought out by questions.
The Attorney General. I am sorry; I thought I might save time.
C.F. LANMAN
was
recalled as a witness for the prosecution and having been previously duly
sworn,
Questions by the Attorney
General:
Q Mr.
Lanman, I show you Exhibit P-49 and ask you whether or not that was part of the
material turned over.
A This
cord was in the duffel bag or the sea bag over there at the time it was in the
office of the Coast Guard.
Q I
show you Exhibit P-48. Do you remember
this?
A No,
sir, I don’t recall seeing those, sir.
Q P-46?
A There
were numerous dirty handkerchiefs, but as to the identity of each one of them,
I couldn’t definitely state.
Q P-47?
A No,
sir—this one was in the duffel bag, yes, sir.
I recall this particular one here because I put my initials on it.
Colonel Royall. One of them you did not call by number. It was the first one you asked him about.
The Attorney General. The first one that was identified was some wool.
Colonel Royall. Is that the one he said he did not know
about?
The Attorney General. No, that was the only one he specifically did
identify.
176
Colonel Royall. Yes.
What number is that?
The Attorney General. That is No. 49.
Questions by the Attorney
General:
Q P-50. Do you remember seeing that?
A No,
I didn’t see that at the time at the office.
No, I don’t recall seeing that one.
Q As
I understand it, Mr. Franken turned over some material?
A He
did. He turned over to Mr. Donigan, Mr.
Emerich, and myself all the material that was grouped around in the office, and
the clothing and a large number of the small parts—particles—or items here were
repacked in the duffel bag. Some of
those items I did not get a chance to examine at the barge office down there.
Q Everything
that had been delivered to you by the intelligence officers of the Coast Guard
you turned over to Drayton?
A Yes,
sir.
The Attorney General. I offer these exhibits in evidence. They are P-46 to P-50, inclusive.
Colonel Royall. We wish to object to that, sir, and we should
like to examine the witness before the Commission rules on that.
The President. Very well.
CROSS-EXAMINATION
By Colonel Royall:
Q Mr.
Lanman, whatever was taken from the duffel bag was taken in the presence of the
Coast Guard men, was it not?
A The
duffel bag was packed at the Coast Guard office by the Coast Guard men and
turned over to us. We had an
177
opportunity
to examine the various items that were in the Coast guard office before the duffel
bag was packed, and then I helped to remove the duffel bag to the
Q The
Coast Guard had an equal opportunity with yourself to see what was there, did
it not?
A I
presume it did, sir; I am quite certain it did.
Q Don’t
you know that it did?
A It
had it in the office down there, and it should certainly have had a chance to
examine it all.
Q You
initialed, you say, certain of these exhibits?
A Certain
of these exhibits I did initial. I
recall these exhibits personally. Those
that I don’t recall--
Q You
initialed, you say, certain of these exhibits?
A Certain
of these exhibits I did initial. I
recall these exhibits personally. Those
that I don’t recall--
Q (Interposing) Which of these five exhibits that you were
asked about did you initial?
A The
cord here has my initials on it.
Q Look
at the others and see if any of the others have your initials. That is Exhibit No.--what?
A Exhibit
49.
Q Did
you initial Exhibit P-49? That is a
handkerchief.
A I
recall a handkerchief with a blue border.
Q Has
it your initials?
A Yes.
Q Where?
A Right
here.
Q That
one is numbered what?
A 46;
and this yellow handkerchief here, or rag, has my initials on it.
Q What
number is that?
A 47.
Q The
other two--that is, P-48 and P-50--do not have
178
your
initials, do they?
A No,
sir, I do not see them on there, and I don’t recall having seen those at the
time.
Q There
was no particular reason why you should have initialed these three any more
than any other, was there?
A No,
sir, there wasn’t; just that it was part of the material there.
Q Did
you initial any of the uniforms?
A After
we returned to the office, when I had them identified.
Q You
initialed all these various articles that have heretofore been exhibited, in
the way of clothing and other articles?
A Certain
ones which I had persons whom they belonged to identify.
Q Are
there any of those that you did not initial?
A Yes,
sir.
Q Why
did you not initial those?
A Well,
for the simple reason that on returning to the office I did not have the time;
I was busy. Later on, when we took them
before the man who owned them, I had him initial these and identify them as
being his personal property.
Q When
did you initial these three here: P-46, P-47, and P-49?
A After
returning to the office, sir.
Q What
do you mean by “after returning to the office”?
A When
we brought the things back, or sometimes after returning to the office. I don’t recall exactly what time it was we
were going the material there.
Q With
whom were you going over it?
A Mr.
Emerich.
179
Q Is
he here?
A I
believe so.
Colonel Royall. We object, may it please the Commission, to
the introduction of Exhibits P-48 and P-50 as being improper.
The President. Will you please describe them to the
Commission?
Colonel Royall. Yes, sir.
P-48 seems to be some capsules of some kind and a piece of paper. P-50 seems to be a box of matches and a
broken shoelace. We object to these as
being improperly identified.
The President. Will you identify them by number, also?
Colonel Royall. I did that, sir; they are P-48 and P-50.
The President. Thank you.
Colonel Royall. Nay I say this to the Commission: This is one
of the preliminary questions of fact as to identification which the Commission
has to pass on upon the
The circumstances are that neither of
the Coast Guard men who had full opportunity to investigate them, and who were
present and had the same opportunity as Mr. Lanman, has identified them as
being articles found on the beach or anywhere else. Neither has Mr. Cullen so
identified them. Neither has Mr. Lanman
so identified them, he being the next person in line to see the material. Mr. Emerich has not been offered to identify
them; in fact, he has not been offered at all.
The sole identification comes from the
fourth or fifth man who handled these articles, and he says they were in the
group given to him.
Another most significant factor is
that Mr. Lanman says he went to the trouble of initialing, specifically, three
of these articles; that there was no reason why he should have singled
180
them
out for initialing any more than any others.
Therefore, it is a cogent circumstance, it seems to us, that the others
do not bear his initials, and it indicates, it seems to us, as it should to any
reasonable men, that they were not present, or else he would have initialed
them.
We think that upon the present state
of the record these should not be admitted in evidence.
The President. Do you care to make any comment?
The Attorney General. It will be very brief. Mr. Drayton testified that this witness
turned all the material over to him.
This witness testified that the Coast Guard turned it all over to him. One of the exhibits, P-50, Drayton has
initialed. So, it seems to me that the
material is identified in a substantial and fair way.
The President. Since questions have been put to the witness
in reference to this incident, I should like to ask the other members of the
Commission, before I rule, if they care to ask any questions with reference to
these particular articles that counsel for the defense charges have not been
fully identified, as have the others.
The Attorney General. Would the President permit me to interrupt?
The President. Certainly.
The Attorney General. I should like to have further identification
made. I think I can make the case
complete. Perhaps, then, it would be
unnecessary for you to consider the question.
May I call another witness to identify them? May I do that?
The President. Please do.
The objection as to the identification by this witness by made on the
part of the defense,
181
is
at this stage sustained.
The Attorney General. We will call Lieutenant Franken.
Lieutenant Page. Lieutenant Franken. This witness has been sworn as to secrecy.
Colonel Munson. Lieutenant, you are reminded that you are
still under oath.
Lieutenant Franken. Yes, sir.
LIEUTENANT SYDNEY K. FRANKEN was
recalled as a witness and, having been previously duly sworn, testified further
as follows:
Questions by the Attorney
General:
Q Lieutenant
Franken, I show you an exhibit marked P-48 and ask you if you can identify
it. These are the pills.
A Yes,
sir, I can identify this.
Q Was
that part of the material turned over to you?
A We
found those in the pocket of one of the blouses—jackets.
Q One
of the blouses?
A Yes,
sir.
Q You
turned that over to the F.B.I?
A Yes,
sir, we did.
Q I
show you, now, Exhibit P-50, the matches, and ask you if you can identify
those.
A Yes,
sir, I can identify those. We examined
them at Amagansett. We got them from the
pocket of the blouse of one of the uniforms, and we turned the blouse over to
the F.B.I.
Q Do
you remember whether or not the matches or the pills were in the pockets of the
same blouse that contained the
182
card
that has been testified to?
A That
I can’t recall; they were in the pocket.
The Attorney General. That is all.
Are there any questions?
The President. Will the reporter please repeat the last
question and answer?
The Reporter (reading):
“Question. Do you remember whether or not the matches or
the pills were in the pocket of the same blouse that contained the card that
has been identified to?
“Answer. That I can’t recall; they were in the
pocket.”
Question by the President:
Q They
were in the pocket or a pocket?
A A
pocket.
Colonel Royall. Before the Court definitely rules, may we
examine the witness?
The President. Yes.
CROSS-EXAMINATION
Questions by Colonel Royall:
Q Did
you when you were on the stand the first time recall that there were other
articles that you had not mentioned?
A Yes,
sir, I recall that.
Q You
did at the time?
A Not
at that time, no, sir.
Q What
happened since then to refresh your recollection?
183
A I
was asked whether I recalled having seen the boxes of matches and the shoelace.
Q You
did not recall it until somebody asked you whether you had recalled it?
A I
didn’t recall that when I was identifying the multitude of material, sir.
Q Do
you recall anything else that was there that you have not identified?
A Not
just now, sir; I can’t.
Q Do
you recall this handkerchief?
A No,
sir, I don’t recall that particular handkerchief.
Q Do
you recall this?
The Attorney General. Would you specify that?
Colonel Royall. The first one I asked him about was P-47, and
this is P-46.
Questions by Colonel Royall:
Q Do
you recall this?
A No,
sir, I can’t recall that.
Q Do
you recall Exhibit P-49?
A Yes,
sir, I recall the cord by the way it was bound up?
Q Do
you recall any other articles that you have not mentioned?
A I
am sorry; I can’t think of them just now, sir.
Q Do
you recall this cap?
A Yes,
sir, I testified to that, I believe.
Colonel Royall. That is all.
Colonel Ristine. May I ask the witness a few questions?
The President. Colonel Ristine.
184
CROSS-EXAMINATION
Questions by Colonel
Ristine:
Q Lieutenant,
did you talk to the Coast Guardsman Cullen?
A Yes,
sir, I did.
Q Was
there any record made of the statement of the incidents which he made to you?
A I
made some rough notes at the time, and that was all, because we were in a
hurry.
The President. May I ask if this is in connection with the
objection of the other defense counsel or if it has to do with the general
conduct of this case?
Colonel Ristine. It just has to do with matters in the case,
generally.
The President. Yes.
For the moment, the question of the admission of these articles I the
point in question and is the reason why the questions are being asked. I think we would like to have that cleared up
first, as to the admissibility of these articles. Then we will give you an opportunity to
question along the line you have indicated later on.
The Attorney General. The Commission has ruled on my first
offer. I now renew my offer of these
exhibits, P-46 to P-50, inclusive, in evidence.
Colonel Royall. The defendants still object to Exhibits P-48
and P-50. We recognize fully the fact
that upon the statement of the witness, if that is to be the sole evidence, he
has stated enough to identify them.
However, we contend that that statement should not carry sufficient
weight to this Commission to make those exhibits admissible, in view of the
other relevant and material circumstances which we have heretofore called to
the Commission’s attention, among them being.
185
the
fact that neither Cullen nor the other coast guardsmen have identified them;
that Mr. Lanman, who was present, did not identify them; and that apparently
those persons took greater care in listing or identifying by marking than did
this witness.
I call further attention to the fact--and
I do not mean to be critical of the witness unduly--that this witness is the
witness who volunteered statements before which he was not asked for. I call attention to the fact that this
witness when he was asked on the stand did not recollect these until he was
asked the specific question and that he cannot identify even now certain of the
articles which have been initialed and identified by those who investigated it
more carefully. It shows, in our opinion,
an uncertainty of mind on the part of this witness which should not prevail
over the more positive and definite testimony of other witnesses who made a
definite record, who saw them first, and who would have more reason to know if
the articles were present.
The President. Have you any further remarks?
The Attorney General. Very few, except, of course, to say that the
evidence of the other witnesses is purely negative. They said they did not remember these. The statement of this witness is completely
positive. He said, “I remember these
pills and these match boxes.” I cannot
imagine better proof.
The President. I take it that you will raise no objection to
these two articles, will you?
Colonel Royall. I raise objection to these two that he has
testified about and not to the other three.
I raise
186
objection
to P-48 and P-50, the pills and the matches, on the theory that upon the
evidence adduced before the Commission, the weight of the evidence is against
their admissibility, conceding that this witness’ statement if taken alone would
make them admissible.
I conceive it to be the duty of the
Commission on the admissibility of evidence, where there is conflicting
testimony as to its admissibility, to determine that question of fact itself,
and I say that upon the testimony the fact should be determined against their
admissibility and the evidence should not be received. I refer to Exhibits P-48 and P-50, the
matches and the pills.
The President. Is the record now complete with regard to
these respective numbers? If so, I
should like to have the reporter read the evidence of the witness on his second
appearance to the witness stand. As he
reads it, I should like to have the two groups identified by number as those
accepted by the defense and those that the defense objects to.
The Reporter (reading):
“Question Lieutenant Franken, I show you an exhibit
marked P-48 and ask you if you can identify it.
These are the pills.
“Answer Yes, sir, I can identify this.
“Question Was that part of the material turned over to
you?
“Answer We found those in the pocket of one of
the blouses—jackets.
“Question One of the blouses?
“Answer Yes, sir.
“Question You turned that over to the F.B.I?
187
“Answer Yes, sir, we did.
“Question I show you, now, Exhibit P-50, the matches,
and ask you if you can identify those.
“Answer Yes, sir, I can identify those. We examined them at Amagansett. We got them from the pocket of the blouse of
one of the uniforms, and we turned the blouse over to the F.B.I.
“Question Do you remember whether or not the matches
or the pills were in the pockets of the same blouse that contained the card
that has been testified to?
“Answer That I can’t recall; they were in the
pocket.
“The Attorney General. That is all.
Are there any questions?
“CROSS-EXAMINATION
“Questions by
Colonel Royall:
“Question Did you when you were on the stand the first time recall that
there were other articles that you had not mentioned?
“Answer Yes, sir, I recall that.
“Question You did at the time?
“Answer Not at that time, no, sir.
“Question What happened since then to refresh your
recollection?
“Answer I was asked whether I recalled having
seen the boxes of matches and the shoelace.
“Question You did not recall it until somebody asked you whether you had
recalled it?
“Answer I didn’t recall that when I was
identifying
188
the multitude of material, sir.
“Question. Do you recall anything else that was there
that you have not now identified?
“Answer. Not just now, sir; I can’t.
“Question. Do you recall this handkerchief?
“Answer. No, sir, I don’t recall that particular
handkerchief.
“Question. Do you recall this?
“The Attorney General. Would you specify that?
“Colonel
Royall. The first one I asked him about
was P-47, and this is P-46.
“Questions by Colonel
Royall:
“Question. Do you recall that?
“Answer. No, sir, I can’t recall that.
“Question. Do you recall Exhibit P-49?
“Answer. Yes, sir, I recall the cord by the way it was
bound up.
“Question. Do you recall any other articles that you
have not mentioned?
“Answer. I am sorry; I can’t think of them just now,
sir.
“Question. Do you recall this cap?
“Answer. Yes, sir, I testified to that, I believe.
“Colonel Royall. That is all.”
Do you wish to read the examination by
Colonel Ristine?
The President. No; you may omit that.
I may say to the witness that in
listening to these questions and answers, if the answers are not as you stated
them, I should like you to call my attention to it.
189
The Witness. Yes, sir.
The President. The same applies to the defense counsel. In other words, I should like to make sure
that this record is correct from the point of view of both sides.
Colonel Royall. I think it is correct up to this point.
The Reporter (reading):
“The Attorney General. The Commission has ruled on my first
offer. I now renew my offer of these
exhibits, P-46 to P-50, inclusive, in evidence.
“Colonel
Royall. The defendants still object to
Exhibits P-48 and P-50. We recognize
fully the fact that upon the statement of this witness, if that is to be the
sole evidence, he has stated enough to identify them. However, we contend that that statement
should not carry sufficient weight to this Commission to make those exhibits
admissionable, in view or the other relevant and material circumstances which
we have heretofore called to the Commission’s attention, among them being the
fact that neither Cullen nor the other coast guardsmen have identified them;
that Mr. Lanman, who was present, did not identify them; and that apparently
those persons took greater care in listing or identifying by marking than did
this witness.
“I
call further attention to the fact – and I do not mean to be critical of the
witness unduly – that this witness is the witness who volunteered statements
before with he was not asked for. I call
attention to the fact that this witness when he was on the stand did not
recollect these until he was asked the specific
190
question
and that he cannot identify even now certain of the articles which have been initialed
and identified by those who investigated it more carefully. It shows, in our opinion, an uncertainty of
mind on the part of this witness which should not prevail over the more
positive and definite testimony of the other witnesses who made a definite
record, who saw them first, and who would have more reason to know if the
articles were present.
“The
President. Have you any further remarks?
“The
Attorney General. Very few, except, of
course, to say that the evidence of the other witnesses is purely
negative. They said they did not
remember these. The statement of this
witness is completely positive. He said,
‘I remember these pills and these match boxes.’
I cannot imagine better proof.
“The
President. I take it that you will raise
no objection to these two articles, will you?
“Colonel
Royall. I raise objection to these two
that he testified about and not to the other three. I raise objection to P-48 and P-50, the pills
and the matches, on the theory that upon the evidence adduced before the
Commission, the weight of the evidence is against their admissibility,
conceding that this witness’ statement if taken alone would make them
admissible.
“I
conceive it to be the duty of the Commission on the admissibility of evidence,
where there is con-
191
flicting
testimony as to its admissibility, to determine that question of fact itself,
and I say that upon the testimony the fact should be determined against their
admissibility and the evidence should not be received. I refer to Exhibits P-48 and P-50, the
matches and the pills.”
The President. Is there any question as to the proper
reporting of the remarks?
The Attorney General. No, sir.
Colonel Royall. No, sir.
The President. In connection with this objection of counsel
for the defense, the Commission has several questions that it hopes will add to
the clarification of this conflict between the two sides.
Questions
by the President:
Q The
Commission asks the witness: Were there any articles in boxes turned over to
the F. B. I. that had not been examined or seen by the Coast Guard?
A There
were not any articles in the boxes that were turned over to the F.B.I., with
the exception of the bottom layers in the three boxes containing the
blocks. In those three boxes we only
examined the top layers, and as it appeared that the boxes contained similar
material all the way down, we turned it over to the F.B.I. as it was.
Q Did
you inspect all the pockets of these garments you have identified?
A Yes,
sir, I did.
Q Before
they were turned over to the F.B.I.?
A Yes,
sir, I did.
The President. Are there any other questions by the
192
Commission?
(There was no response.)
The President. The Commission will be closed.
(The Commission was then closed. When it reopened, the following occurred:)
193
The President. The Commission is open.
Colonel Munson. The personnel of the Commission, the
prosecution, counsel for the defense, except Captain Hummell, one of the
assistant defense counsel, are present, as they were present prior to the
recess; all of the accused and the reporter are present; and the witness is
reminded that he is still under oath.
The President. The Commission rules that Exhibits P-48 and
P-50 are admissible as evidence. The
objection is not sustained.
(Articles
previously marked for
identification
P-46, P-47, P-48,
P-49,
P-50, were received in
evidence.)
The Attorney General. With the Commission’s permission I would like
to ask the witness a further question.
Questions by the Attorney
General:
Q When
you examined this material you have testified, I think, that there were certain
wooden boxes there?
A Yes,
sir.
Q And
one was opened?
A One
was opened at the Amagansett station.
The other three were opened in the office of Captain Beylis.
Q Were
the contents of the boxes taken out when they were opened?
A The
contents of the first box, containing various mechanisms, were briefly examined
at Amagansett.
Q Who
opened it?
A The
Chief of the Napeaque station. I was
present.
Q And
you took all the material and the contents of
194
the
boxes to the FBI?
A We
took all the boxes to the office of Captain Baylis in
Q Who
is Captain Baylis?
A He
was the Captain of the Coast Guard at the
Q Then
what did you do with the contents?
A The
FBI agents took the material from his office.
Q What
agents?
A Mr.
Donigan, Mr. Lanman and Mr. Emerich were present.
Q Did
they take from the Coast Guard officers, including yourself, all of the
material and the contents of the boxes?
A They
took from the Coast Guard office all the material in the boxes and the boxes.
Q And
the tin containers?
A And
the tin containers, and the wrappings that were around the boxes.
Q Do
you know what were the contents of the containers that were taken out?
A In
one box, to the best of my recollection, there was quite a bit of
material. There were time bomb
mechanisms, detonator caps, pencils and pens, small glass vials, fuses; and
there was a covered wire, probably about a foot long.
Q Anything
else?
A There
were small objects that appeared to be made of brass.
Q Do
you remember anything else?
A That
is about all I can recall just now, sir.
Q All
of that material was turned over to Lanman and
195
the
other FBI agent?
A Yes,
sir.
The Attorney General. May I speak to Colonel Royall?
The President. Yes.
(After a brief conference between the
Attorney General and Colonel Royall the following proceedings occurred:)
The Attorney General. You may cross examine.
Colonel Royall. I do not care to ask the witness anything
further.
CROSS EXAMINATION
Questions by Colonel Ristine
Q Lieutenant,
do you know whether records were made of the statements of the Coast Guardsmen
who first saw these things along the beach?
A There
was no record made by ourselves, with the exception of some very rough notes,
because – Am I permitted to go into the reason?
Q The
reason is not material. Do you know
whether any agency at the station on the beach made any detailed report of his
statement?
A No,
sir; I do not know.
Q You
did not see any such report?
A No,
sir.
Colonel Ristine. I think that is all
The President. Are there any further questions? (No response)
Are there any questions by the
court? (No response)
There seem to be none. The witness is excused. I under-
196
stand
the witness will be kept at the disposition of the court.
(The witness left the stand.)
GERHEARD P. HUNDT,
a
witness for the prosecution, was called to the witness stand.
Lieutenant Page. I understand this witness has not been sworn
as to secrecy.
Colonel Munson. You will take two oaths. One will be the oath as to secrecy, and you
will understand that any violation of the same is subject to punishment by this
Commission as an offense, and you will take it, therefore, with that
understanding.
You do solemnly swear that you will
not divulge the proceedings taken in this trial to anyone outside the court
room until released from your obligation by proper authority or required to do
so by proper authority?
The Witness. I do.
Colonel Munson. And the oath as a witness:
“You
do solemnly swear that the evidence that you shall give in the case now in
hearing shall be the truth, the whole truth, and nothing but the truth, so help
you God?”
The Witness. I do.
DIRECT EXAMINATION
Questions by Colonel Munson
Q Will
you state your name, residence or office address, and occupation?
A Gerheard
P. Hundt. My residence is
Q And
your occupation?
A I
am a translator for the Federal Bureau of Investi-
197
gation.
Colonel Munson. If the Commission please, I had better swear
the witness also as a translator.
You swear that you will properly
interpret and translate in the case now in hearing, so help you God?
A I
do.
Questions by the Attorney
General.
Q Do
you speak, read, and understand the German language?
A Yes,
sir.
Q I
show you Defendants’ Exhibit marked for identification P-44.
The President. This is already in evidence, I believe?
The Attorney General. It is already in evidence; and I should like
to hand up to the court a photograph of the exhibit so that they can follow the
testimony.
Questions by the Attorney
General.
Q Will
you state, first, the words in German that that exhibit contains? You had better spell them out so that the
reporter can understand them.
A The
first word is “Marineteil.”
Q What
does that word mean?
A Marine
or naval division.
Q You
are referring to the printed word?
A Yes,
sir; the first printed word on this exhibit.
Q There
follows that a word which seems to have been stamped on it. What is that word?
A Shall
I give you the German first?
Q Give
me the German first.
198
A “Mar.-Krft.-Komp.”
Q What
does that mean?
A Naval
battalion or company. It may mean either
battalion or company. The second word is
not very clear. It might be an
abbreviation for the German word “Kraft,” which means power or motorized
company.
Q You
are referring to the second word, which appears to be stamped?
A Yes,
sir.
Q Continue.
A That
would be “Naval motorized company.”
Q What
does the third stamped word on the third line mean?
A That
is “Company.”
Q Now,
taking the second line –
A How
about the rest of this?
Q Oh.
There is some more there. I did not see it. Under the first line, what appears?
A The
German is “Beim O. K.” And I believe
that is an “M.” It is not very
clear. If it is “O. K. M.” it would be
“High command of the Navy.” The entire
printed stamp would be “Naval motorized company with the high command of the
Navy.”
Q Those
words are the words for which the initials stand?
A Yes,
sir. The “O. K. M.” I believe are an
abbreviation for the “Ober Kommando Mariane.”
Q Does
“Ober Kommando” mean “High command”?
A Yes,
sir.
Q Take
the second line. What is the first
printed
199
word
on the second line?
A The
German is “Kompanie.” That makes
company.
Q After
that word there appears to be a word in writing. Is that right?
A That
is right, sir.
Q Can
you make out from that word any writing that is in German?
A It
appears to be a name; the first name seems to be Henry, and the second is not
quite clear, but it looks like it might be an “N” or a “K”, as the first letter
of the last name; possibly “K.” “Kozrar”
or “sar.”
Q The
name perhaps speaks for itself. Are you
a handwriting expert?
A No,
sir.
Q Have
you finished with the third line?
A No. The first printed word on that line is
“Name.” It is the same in English –
Name.
Q Now,
the fourth line?
A The
fourth line, the German is “Stammr. Nr.”
Q What
does that mean in English?
A It
means “Original number.”
Q What
is the fifth line?
A The
German is “Gegenstand.” That means
“article.”
Q I
show you an exhibit marked P-45, which appears to be a slip of paper with some
German words on it. Will you read those
words in German and then translate them?
A The
first word is “Williams” and then “
Q That
is the second word?
200
A Yes,
sir.
Q Then
what appears?
A A
small “a.” Then “Rhein.” The second line is the ending of a word,
apparently “es.” Then the next word is
“Hartwichatr.48.”, in numerals, and then “Ruf 74783.” I am not quite sure of that number.
Q Will
you translate that.
A The
first word appears to be a name, “Willems.”
The second, or, rather, the last three words on that line, is the name
of the German city
The Attorney General. You may cross examine.
CROSS EXAMINATION
Questions by Colonel Royall
Q Where
did you get your knowledge of abbreviations that you testify about?
A I
have been a translator for the Federal Bureau of Investigation for a little
over two years. I was born in
Q You
did not study military abbreviations, did you?
A I
have not studied them, but I have gone through quite a number in work for the
Bureau.
Q Are
you confident that those abbreviations that you stated are correct?
A May
I ask which ones?
Q There
are several of them here.
201
The Attorney General. Which exhibit?
Colonel Royall. Exhibit P-44.
Questions by Colonel Royall
Q What
is that first one?
A That
is “Mar.”
Q What
is the second one?
A “Krft.”
Q Are
you sure what “Krft.” stands for?
A I
do not believe I have ever seen it stand for anything but Kraft.”
Q You
stated, I believe that the last word may mean either “company” or “battalion?”
A Yes,
sir.
Q Is
it not a fact that there is a German word for “battalion” spelled exactly like
the English word?
A That
is right. I would say definitely, now,
that that word means “company.”
Q Why
do you change your mind?
A Merely
because I thought there was a possibility.
I am not very well acquainted with military terminology, although I know
the word in German definitely means “company” when translated into English.
Q You
say you are not a handwriting expert.
Are you familiar with German handwriting?
A Yes,
sir. I am.
Q German
script?
A Yes,
sir.
Q What
is your best judgment as to what that name is on Exhibit 44 that seems to be in
German script?
A The
closest I could come to it would be “Henry
202
Kozsar.”
Q Is
that written in German script or in English (indicating)?
A It
is more or less English script rather than German. It is a mixture of both. The first letter is not a very good German
“H” nor is the “n” a very good German “n” in the word “Henry.”
Q Which
part of it is definitely not English?
A The
final “r” is more like German than any of the other letters.
Colonel Royall. That is all.
The President. Are there any questions by the Commission?
(No response) There seems to be
none. The witness is excused.
(The witness left the
stand.)
The Attorney General. With the permission of the Commission I will
substitute for the original exhibits that have been shown the witness two
photographs of the exhibits and will ask the reporter to mark those two
photographs with the same identifying initials and numbers as the original
exhibits.
I have had marked this pair of
trousers “P-51.” I cannot remember
whether I introduced this material in evidence or not, with the understanding
that the photographs will be put in the original record.
(A photograph of a pair of
trousers was marked P-51 and
received in evidence.)
D. J. PARSONS,
A
Witness for the prosecution, was called to the witness stand.
Colonel Munson. You will be asked to take two oaths. The first oath is as to secrecy, and you will
understand that
203
in
taking that oath, any violation of the same subjects you to punishment by this
Military Commission as for a criminal contempt under any statute. Is that understood?
The Witness. Yes, sir.
Colonel Munson. You do solemnly swear that you will not
divulge the proceedings taken in this trial to any one outside the court room
until released from your obligation by proper authority or required so to do by
proper authority?
The Witness. I do.
Colonel Munson. And also the ordinary oath of a witness.
You swear that the evidence you shall
give in the case now in hearing shall be the truth, the whole truth, and
nothing but the truth, so help you God?
The Witness. I do.
DIRECT EXAMINATION
Question by Colonel Munson
Q Will
you please state your name, residence or office address, and occupation?
A My
name is D. J. Parsons. My residence is
Questions by the Attorney
General
Q How
long have you been with the Federal Bureau of Investigation?
A Eight
and a half years.
Q In
what capacity?
A I
am assigned to the Technical Laboratory, with the duties of making examinations
of physical evidence, particularly with reference to explosives, incendiaries,
and sabotage instruments.
204
Q What
was your training and experience prior to coming with the Federal Bureau?
A I
am a chemist, graduated from
Q What
year?
A 1935.
Q Mr.
Parsons, on June 13 were you given certain material by other agents of the FBI?
A I
was, in
Q At
the office of the FBI in
A Yes.
Q Who
were the agents that gave you the materials?
A Assistant
Director E. J. Connelley, and Special Agent in Charge Drayton.
Q Did
you make an inventory of it?
A I
did.
Q Have
you got it with you?
A Yes,
sir.
Q Have
you a copy that I can give to the counsel?
A I
have.
Q Will
you read your inventory?
A (
“At 8 p.m. on June 13, 1942,
Assistant Director E. J. Connelley and Special Agent in Charge S. J. Drayton
accompanied by Mr. D. J. Parsons of the Bureau and the writer, inventoried the
property taken as evidence in the instant case, in the shooting range located
in the basement of the Federal Court Hose, Foley Square, New York, N. Y.”
205
“The following is the list
of property as described by Mr. Parsons of the Bureau:” –
Q The
material is being brought in. Do you
wish to identify the objects as you read your inventory?
A I
have some specimens here, sir.
Q Then
proceed with the reading of the inventory.
A (Reading
further):
“2 small bags marked ‘C.
Heinrich Anton Dusburg Reissbanzunder’ – 6.1939. containing 10 fuse
lighters. (Pull wire).
“1
small paper bag containing 5 fuse lighters.
“25
electric blasting caps .30 caliber.
“50
electric match heads contained in small brass tubular adapter (in small
unmarked paper bag).”
The way it is here is “leads.” That is a typographical error. (Continuing
reading):
“15 Wooden block containers
approximately 2”x 3” presumed to contain 5 detonators each with threaded ends.
“10
wooden block containers approximately 1”x 3” presumed to each contain 5 short
detonators with threaded ends (one opened and found to contain detonators.
“1
small brown paper bag marked ’25 Brand Kapseln’ containing 5 blocks
approximately 1” wide similar to above items except that one edge marked with
red pencil lines.
“1
small brown paper bag containing 5 copper tubes similar in appearance to
detonators but with no apparent charge.
Also 5” –
It
says “3-3/4 inch.” It should be three
three-quarter inch –
206
“brass tubes closed at one end and
threaded on the other.
“1
small brown paper bag containing 25 thin brass tubes open at both ends and
threaded at one end.
“1
flat cardboard box containing 11 glass capsules encased in rubber tubing (tubes
contain clear colorless liquid, probably sulphuric acid).
“1 box bottom containing 10
brass and plastic devices holding a small charge of what may be a chlorate
mixture protected by a paper diaphragm.
(with brown paper around it and writing in German thereon ‘For F. O.
Miutan(?)’ H2S04 ‘Eboint(?)’”—
Colonel Royall. If the Commission please, as this memorandum
contains a number of conclusions as to what something probably is and what it
probably is not, I would like to ask the Attorney General. Do you intend to supplement this evidence by
supplying expert opinion on what these things are?
The Attorney General. I do not thing this contains, with one
exception, any conclusions. I think he
is trying to state in his last statement what the German word appeared to him to
be, which is proper.
In answer to the question, I propose
first to have this witness identify by his inventory all of the material taken
from these four boxes, and then have an expert describe to the Commission
certain striking objects with were analyzed by him in his laboratory, taken
from these. I do not propose to have him
go through every single object, but I do propose to have him explain certain
objects and any other objects which the Commission wish explained.
Colonel Royall. There are several instances where he
207
says
something is presumed to contain something, which of course would not strictly
be evidence.
The Attorney General. I will follow that by the laboratory tests.
Colonel Royall. If it is to be connected up, that is all
right. That is the purpose of the
inquiry.
The Attorney General. I suggest that the witness omit presumptions,
and then I will ask the witness as a result of his laboratory experiments to
show what they were.
The Witness. The next item was (reading):
“1 box bottom containing”
“(a) 2 leatherette cases each containing two
mechanical pen and pencil sets which are time delayed detonators with pink tag
attached indicating 6 to 7 hours.
“(b) 2 leatherette cases each containing a
mechanical fountain pen and pencil set bearing blue tag ‘ American fountain
pen’ and indicated as 2 ¾ hrs. to 3 ¾ hrs.
“(c) 1 leatherette case containing a mechanical
fountain pen and pencil set bearing blue tag indicating 11 to 13 hrs.”
In my inventory I also had a metal can
opener marked “King, Turner & Seymour Manufacturing Company,
“(e) 5 small brown tablets approximately ½” in
diameter rolled in tissue paper marked ‘Rhiz Rhei 0,5 – Wehrpreissanitatspark
X.’
“(f) 2 French match boxes with the following
writing thereon: ‘Alumettes de
Surete.’ On the left side of
208
the
box the numerals ‘O.F.-50’. Directly
beneath ‘Regie Francaise,’ and in the right hand corner ‘101 E.S.E.I.T.A. 50
All’.
“(g) 1 box of German cigarettes with this label,
‘Haus Neuerburg-Kolna Rhein Triera d.
That
part is a presumption. (Continuing reading):
“(h) 1 black shoelace broken in half.
“(i) 1 green colored card 1 ½” by 3 ½” with the
name in pencil and apparently the name of the company to which the man is
attached” –
That,
again, is a presumption.
209
One piece of white paper,
approximately 3 ½ x 1 ½ inches, bearing the typewritten name “Willems Koin,”
which is on the list.
One box containing ten clocks in metal
cases 3-5/16 x 1-5/16 and bearing the serial Nos. K104, K115, K118, K121, K122,
K124, K126, K132, K 135, K139; ten metal buttons for setting the firing pins on
the clocks; ten caps set in knurled screw to fasten to clocks.
Four wooden boxes, 21 x 11 x 8 ½
inches –
Questions by the Attorney General:
Q Is
that (indicating) one of the wooden boxes?
A Yes,
sir, that is one of the wooden boxes.
Q That
is one of the tin containers (indicating)?
A Yes,
sir, that is the tin container
The Attorney General. What is that exhibit number?
Mr. Ladd. P-31 on the tin and P-23.
The Witness (continuing). Two of these with no markings whatever; one
box marked “X”; one box marked “XX.”
Questions by the Attorney General:
Q This
(indicating) is the box marked with one X, is it not?
A Yes,
sir.
Q All
right.
A All
four of these boxes were torn practically completely apart in removing the tin
containers of the explosives. Part of
the steel strippings were retained and part of the tarred rope, which probably
– well, that is a conclusion also.
One tin box containing eight
demolition blocks, 3 inches
210
by
2-5/8 by 5-5/16, yellow in color, and having a hole in one end; three rolls of
black safety fuse; one cardboard box containing four bombs simulating lumps of
coal. Also one roll of black safety fuse
and one roll of detonating fuse.
Two tin boxes, each containing 18
demolition blocks, which were 3 inches by 2-5/8 by 5-5/16. In one of these blocks was a small piece of
paper bearing the writing “Harmsch”, I have it here.
One tin box containing two demolition
blocks.
There are also attached to this
memorandum, for the purposes of further identification, the following:
One small white piece of paper which
was attached to one of the demolition blocks and apparently the word “Harmsch”
written thereon.
There is another item here. One green card, 1-1/2 inches by 3-1/2, with a
name which appears to be Henry Wozsar, was the way I gave that name at the
time.
These are reiterations of items that I
previously mentioned.
Q I
think, simply for the purposes of identification, you need not give the
items. Have you described everything
yet?
A Yes,
sir, I have.
Q I
am not quite clear on what you mean by “reiterations”? What do you mean by it?
A I
completed the inventory with the item one tin box containing two demolition
blocks.
The rest of the memorandum indicates
the disposition of some of the items I mentioned above, the pieces of paper and
also samples of the devices which are included in the memorandum
211
which
I took into my immediate custody.
Q Have
you detailed the contents of all of the boxes?
A Yes,
sir.
Q All
of the boxes?
A Yes,
sir.
Q Did
you make or were there made in your presence photographs of the containers and
some of the contents of the containers?
A There
were, in my presence and under my direction.
The Attorney General. Will the stenographer please mark these
photographs for identification?
(Various photographs were marked
P-52 through 61,
respectively.)
Questions by the Attorney General:
Q Did
you take a laboratory test of this material?
A I
did.
Q Now,
I show you photographs P-52 to P-61, and before identifying them separately,
will you tell me whether they are photographs of some of the material and the
objects which you had?
A These
are photographs of the material which I have just listed in the inventory.
Q Now,
I wish you would take each item shown by the particular photograph, describe
what it is, its uses, its action, at the same time referring to the particular
photograph which represents the object.
A Shall
I take those in the order –
Q You
do it in any order convenient to you.
Will you refer to the number, Mr. Parsons?
212
A Yes,
sir, I will.
Q Do
it in any order convenient to you.
A The
photograph marked for identification “P-58” is a photograph of three of the
metal cans, two of which each contained 18 demolition blocks. The third contained two of these blocks.
Q After
identifying the photograph of the object, I would like you to hand it to the
Commission. I want you in each instance
to describe the material, of course, shown in the photograph.
A This
one of the demolition blocks shown there.
It weighs approximately one kilogram.
That is approximately 2.2 pounds.
I made an examination of this material
and found it to be Trinitrotoluene, TNT.
Q Would
you describe the block more?
A This
block is a yellow material, cast in a block approximately 2-5/8 inches by 3
inches by 5-1/2 inches, and in one end a hole has been drilled to permit the
insertion of a detonator necessary to cause this block to explode.
Q Could
the block be exploded otherwise than that?
A It
would take a higher frequency shock than simply dropping it. TNT will, in nearly every instance, withstand
the shock of a rifle bullet. As a matter
of fact, with one of these blocks, in checking on its sensitivity, I fired a
rifle bullet into one of the blocks, which simply broke into many pieces – many
fragments.
Now, will you describe the explosive
power and effectiveness of the block that you hold in your hand?
213
A TNT
is a well-known explosive and is used largely for outting – that is, it is of a
high velocity and a violent explosive, and is therefore used for such work as
demolition rather than for general blasting.
In contact with material its high
velocity gives it great outting power, and consequently could be used for
destroying such things as steel rails and steel girders.
Q Would
that particular block be capable of destroying steel rails or girders?
A It
would take only approximately half of a block like this – that is, in the
neighborhood of a pound – to break a railroad rail.
Q All
right.
A The
next photograph, which is marked for identification “P-59” is a photograph of
the fourth can – that is the particular can that we have here in evidence –
and
shown with it are eight of the demolition blocks such as the one I just
described, four objects simulating lumps of coal, four coils of safety fuse,
and one roll of detonating fuse.
Q Is
that one of the lumps of coal in front of you which you mention?
A This
is. This is a block simulating a lump of
coal. It contains within a small block
of TNT – that is, material which I have just described – covered with a plastic
material to conceal its true identity.
Q What
is the plastic material? Do you know?
A It
is a pitch composition, and it is not similar to plastic material such as that
used in wood repairing, like
213
plastic
wood, but it has something very similar to pitch mixed in it.
Q Is
that a hole in it also?
A There
is a hole in this article, which also permits the introduction of a detonator.
In order to use this, it would be
necessary, of course, to insert a detonator, because in a fire it would simply
be consumed by the fire. Fire does not
cause explosion of TNT, particularly in such small quantities as we have here.
Q Will
you describe to the Commission precisely what a detonator is?
A A
detonator is a small instrument which contains an explosive, or a combination
of explosives, usually, having a very high velocity, a sufficiently high
velocity to set up the explosive wave necessary to initiate such stable
explosives as TNT.
Q Is
that a detonator before you on the desk?
A This
is an electric detonator here.
Q Was
that one of the objects shown in the photograph?
A Not
in the particular photograph P-59.
Q But
that detonator is one of the objects that you examined?
A It
is, yes, sir. That is shown in a
subsequent photograph.
Q Will
you further describe the object that you have?
A I
mentioned the fact that a detonator is necessarily included with this, such
that the fire will set off the detonator, and the explosion of the detonator
will set up the explosive wave necessary to initiate the TNT and cause the
215
explosion
of this bomb.
Q Does
or does not this detonator fit the hole in that object?
A It
does.
Q What
does the detonator contain?
A This
particular detonator contains a charge of explosives. I do not know the exact chemical detonators
that this particular brand contains. I
have not as yet opened it. They are a
little hard to open with the sensitive explosives contained therein.
Q Have
you finished your description of this?
A Yes,
sir.
Q Have
you described the detonator?
A There
are two other articles in the photograph shown.
There are shown four rolls of safety fuse, of which this (indicating) is
a piece.
This safety fuse is a commercial
product similar to that universally used and manufactured in this country,
slightly different in the materials used and in its construction, but the
principle is the same. It is simply a
convenient way of carrying around a little powder train to carry a flame which
is started at one end by a match or some ignition device, the burning of that
powder at a rate of approximately a foot every 30 seconds – this particular
fuse is a little bit faster than our American product – and at the end a flash
of flame is lighted with is sufficient to initiate a number of different types
of detonators.
Q Did
that particular fuse fit any explosive object?
A It
does.
216
Q Which
one?
A This
fuse fits the fuse detonator such as that included in this lot of material.
The President. Mr. Attorney General, the hour for recess has
come, and we will close the Commission until
(At
217
AFTER RECESS
The Commission reconvened at
The President. The Commission is open.
Colonel Munson. Let the record show, if the Commission
please, that all the personnel of the Commission, of the prosecution, and of
the defense who were present at the close of the last session in this case are
again present and that all eight of the accused and also the reporter are
present.
Lieutenant Freeman has not been sworn
to secrecy, and he is now in the room.
Will he come forward, please?
(Lieutenant Freeman stepped
to the front of the hearing room.)
Colonel Munson. Lieutenant Freeman, you understand that this
is an oath of secrecy as to what transpires in the courtroom and that violation
of the oath subjects the offender to punishment in contempt proceedings or
other proceedings?
Lieutenant Freeman. I do, sir.
Colonel Munson. Please raise your right hand.
(The oath of secrecy was
then administered to Lieutenant George S. Freeman by Colonel Munson as
follows:)
Colonel Munson. You do solemnly swear that you will not
divulge the proceedings taken in this trial to anyone outside the courtroom
until released from your obligation by proper authority or required so to do by
the proper authority?
Lieutenant Freeman. I do, sir.
218
D. J. PARSONS,
a
witness for the prosecution, on the stand at the time of taking the recess, was
recalled and testified further as follows:
Colonel Munson. The witness is reminded that he is still
under oath.
The Attorney General. May I proceed, Mr. President?
The President. Please do.
The Attorney General. I shall ask the reporter to mark these eleven
photographs with the next exhibit numbers.
(11
photographs were marked
as
Exhibits P-62 to P-72,
inclusive.)
The Attorney General. There have now been marked as exhibits the
photographs of the material already described and which the witness will
describe. They are exhibits P-52 to P-72,
inclusive. In order to save time, I
should like to offer all these exhibits, P-52 to P-72, inclusive. They are photographs of the material already
introduced and to be introduced. I
should like to have them spread in the original record and have the exhibits of
which these are photographs turned back at the end of this session to the
F.B.I. for the prosecution.
The President. If there is no objection, that will be done.
Colonel Royall. There is no objection.
The Attorney General. These are exhibits 52 to 72, inclusive.
Colonel Royall. You have already put in Exhibits P-52 to
P-61. I should like to see the new ones.
219
(The Attorney General handed
photographs to the Colonel Royall.)
Colonel Royall. Will you pardon us a moment while we look at
these?
The Attorney General. Certainly.
DIRECT
EXAMINATION – Resumed
Questions by the Attorney
General:
Q Mr.
Parsons, what photograph were you engaged in describing when we recessed?
A Exhibit
marked for identification P-59.
Q Of
what is that a photograph?
A That
is a photograph of one of the tin containers, showing the contents, which
consisted of eight demolition blocks, four bombs made to simulate lumps of
coal, four rolls of safety fuse, and one coil of detonating fuse.
Q Will
you continue with your description of the objects shown by the photograph which
you have described, exhibiting that to the Commission as you do so?
A I
had just completed description of the safety fuse which is used to carry the
flame to a detonator used to initiate the high explosive.
The President. We will take a recess for a moment, please.
(The proceedings were
briefly suspended. The following next
occurred:)
Questions by the Attorney
General:
Q Continue,
Mr. Parsons, please.
A I
have here also a photograph which is marked P-72, showing a detailed picture of
the piece of safety fuse which I
220
have
exhibited.
Q I
suggest that you hand the photographs to the Commission when you refer to them.
A Shall
I pass the exhibits also?
Q Yes. You may continue.
Colonel Royall. Has this fuse been put in evidence?
The Attorney General. We are putting only the photographs in
evidence for the record.
The Witness. The remaining item in the photograph marked
P-59 is a coil of detonating fuse, a portion of which I have here. This is a piece of material containing a core
of high explosive and is used commercially throughout the world.
The use of this detonating fuse, as it
is called, is to connect various charges of high explosives which are to be set
off simultaneously. The velocity of the
detonating fuse is quite high, so there is a very small interval of time
between the explosion of various charges that are connected with this material.
Q Is
that calculated to connect any of the objects you have referred to or will
refer to?
A Yes. This detonating fuse, for example, would be
used to connect two charges of the demolition blocks which were to be exploded
simultaneously.
In demolition work, for example, if
girders on some structure were to be cut and broken simultaneously, it would be
possible to place the two charges and simply connect those charges with a piece
of detonating fuse. The fuse itself must
be set off by a detonator, similar to the block of TNT.
Since it detonates and carries the
explosive wave, it is not necessary, then, to put detonators with the explosive
221
charge
but simply to connect the explosive charge together with this material.
Q Will
you hand up the objects as you hand up the photographs?
A Yes,
sir.
The photograph marked P-68 shows in detail
the piece of detonating fuse which I have exhibited.
That completes the items shown in
photograph P-59.
To supplement that photograph, I have
here photographs marked P-60 and P-61.
The photograph marked P-61 is a photograph of the demolition block in
its wrapper, and I have already explained the function of that block.
Q As
you testify from the photographs, I should like to have the object identified
here and shown to the Commission.
The President. I should like to speak to General Cramer,
please.
(General Cramer stepped to
the bench and conversed with the President.)
The President. Just go ahead with the proceedings, please.
The Witness. The photograph P-61 is a picture of the
demolition block which Mr. Ladd has shown to the Commission.
The photograph P-60 is of the
simulated lump of coal containing high explosive.
Questions by the Attorney
General:
Q You
have already testified, I think, that each of those objects contains a hole
which fits the fuse.
A Yes,
sir. Those holes are provided for the
detonators.
Q All
right. You may proceed, Mr. Parsons.
A The
next photograph, of the entire lot of materials
222
which
I examined in New York City, is marked P-56 and shows the contents of a
cardboard box in which there were contained detonators and other devices used
in setting off the explosives and preparing the fuses.
In this photograph there are shown
fuse lines, and I have here a small paper bag which I described in the
inventory, which was one of the bags containing the fuse lighters in the
material recovered.
Q Was
that in the cardboard box?
A Yes,
sir.
Q Is
the cardboard box in the room? It is not
material.
A I
believe not, sir.
Q All
right.
A This
fuse lighter is a small paper tube which has a hole in one end, in which there is
to be introduced a piece of safety fuse.
This is simply a convenient method for lighting safety fuse. It is operated simply by pulling the button
which causes a flash of flame sufficient to ignite the fuse. Safety fuse is ordinarily a little difficult
to light with a match unless the end is split.
Commercially there are used in this
country fuse lighters similar in principle to this one, though different in
construction.
There were 25 of these fuse lighters
in the lot of material.
Q Is
that a safe object to hand up to the Commission?
A Yes,
sir. The only thing that happens when
this wire is pulled is simply a little flash of flame.
223
Q Will
you hand that up with the photographs?
A I
will.
The photograph P-67 shows in detail
one of the fuse lighters which I have described.
There is also shown in the photograph
P-56 a group of 25 electric blasting caps.
A blasting cap is simply another name for a detonator. There are another commercial product which
are universally used.
The small copper tube contains a
relatively small charge of a combination of very violent explosive.
Within the cap there is a small bridge
wire or filament connected to two leg wires.
These wires when attached to a source of electrical energy heat the
filament within, causing the explosion of the explosive materials.
Q What
is the material?
A I
cannot tell you from actually examination what the material is in this. I can tell you what it is in our commercially
made caps in this country.
Colonel Royall. We object to that.
The Attorney General. I do not think it is important.
The Witness. All right, sir. They are of necessity very high velocity and
violent explosives.
Questions by the Attorney
General:
Q Will
you hand this up?
A This
cap, incidentally, is of the size to fit in the hole in a demolition block and
coal bomb.
Q You
have spoken of coal bombs and demolition blocks. Do you remember how many of the blocks there
were?
A Yes,
sir; 46 of the kilogram demolition blocks.
224
Q By
that you mean the small yellow block introduced?
A Yes.
Q How
many of the coal bombs were there?
A Four
of the coal bombs.
The photograph marked P-64 is a
detailed photograph of the electric blasting cap which I have just
described. This is an explosive
item. Shall I hand this up?
Q Perhaps
Mr. Ladd could show it to the Commission without handing it up.
A The
next item shown in the photograph marked P-56 is a group of small devices which
are actually electric matches. These are brass tubes with a small screw cap on
the end, and when the cap is removed there can be seen what appears to be a
match head within.
The function of this device is such
that when connected to a source of electrical energy, it will give a flash of
flame. This can be used in a number of
ways.
In the subsequent photographs and
items which I shall exhibit will be found detonators and igniters which have
threads to fit this electric match.
Therefore, the detonator can be screwed into this device to make
substantially an electric blasting cap, such as that which I have
described. To my knowledge, there is
nothing of this type that is commercially manufactured for general use.
In lieu of a detonator, a special
igniter, which also is present in the material, can be screwed into this
electric match, so that a device is then created sufficient to ignite secondary
materials such as thermite.
225
Photograph P-63 is a detail photograph
of the electric match which I have just described. There is also shown in Photograph P-56 a
small paper bag which contains copper tubes which are similar in size and shape
to the containers for detonators or fuse blasting caps. In other words, in commercial blasting there
are two general types of detonators that are used for high explosives: one is
the electrical blasting cap to permit an electrical initiation of high
explosives; the other a fuse blasting cap such that a safety fuse is ignited to
set off the charge of high explosives, thereby giving the delay necessary for
safety.
These copper tubes in the exhibit I am
now describing have no charge. They are
what we refer to as dummy blasting caps which are used for instruction.
In the same bag with the dummy
blasting caps which I have just described there are also five small brass
devices which are closed at one end and threaded at the other. These devices are identical in size and shape
to the actual detonators which I will subsequently describe. These have no charge and are naturally safe
to handle.
Q If
you have notes showing it you might in such instance, where you refer to a
particular mechanism or device, state how many were in the material that was
given to you.
A Yes,
sir. There were five of these dummy
detonators and five of the dummy blasting caps.
Also in the lot of equipment which is
shown in Photograph P-56 are small brass devices of which there were 25, I
believe, thin brass tubes. These brass
tubes have one end threaded to accommodate either a detonator or an igniter.
226
Hence,
by screwing together the detonator and the brass tube adapter, it is then
prepared so that a piece of safety fuse can be introduced. This then would accomplish the same purpose
and be identical in principle to the blasting cap. The three items which I have just described
are shown in detail in Photograph P-62.
Also shown in Photograph P-56 are a
number of wooden blocks. There were
three types of wooden blocks. One of
these was approximately 2 or 3 to 3 ½ inches in size, the size varying a
little. These were completely sealed so
that they appeared to be a solid block of wood.
There were 15 of these particular blocks in the lot of material.
Q Five
of each kind?
A No,
sir; 15 of this particular type. One of
these blocks I opened and found that each block contained five fuse caps or
detonators to be used with safety fuse.
Q Have
you got both the opened and closed blocks of this type there?
A Yes,
sir; I have. Here (exhibiting) is one
that has not been opened. This
particular one is fairly obvious as to the top which was sealed. Along the edge there can be seen little
evidence of the top having been glued one.
Q You
might hand those up to the Commission.
A These
are shown in detail, as to one of these blocks, in Photograph P-70. These are also explosive.
Q Perhaps
Mr. Ladd had better handle them.
A Also
shown in Photograph P-56 of that group and also shown in Photograph P-70, which
Mr. Ladd now has, were ten smaller wooden blocks. These blocks were similar in construction,
and upon opening one of these blocks it was found
227
to
contain five of the special detonators which are threaded on the end. These detonators contain a charge of high
explosive and can be used either with the electric match to make an electric
blasting cap, or with the small brass adapter to make fuse blasting caps.
Q Did
you analyze any of the explosive?
A No,
sir; I did not. I was not able to open
one of these and remove the explosive charge, but I did set off two or three of
them in tests.
Q What
were the tests, and what did they show?
A The
tests were to determine that they were detonators and that they were of
sufficient velocity to initiate high explosives.
Q What
did you do with them?
A I
attached a piece of safety fuse to one of these detonators and with it set off
a piece of the detonating fuse.
I can leave one of these detonators
removed here in this envelope so that it can be viewed.
Also shown in photographs P-56 and
P-70 is another type of block. There
were five of these contained in the material recovered. These blocks are similar in principle to
those I have just described containing the special detonators, with one
exception. They were similar in
appearance. The exception is that along
one side is a red line. These five
blocks were contained in a small envelope which, as stated in the inventory, we
marked “25 Brand Kapseln.”
Upon opening one of these blocks it
was found to contain five articles similar in construction to the detonators;
that is, they had the same threaded end to permit their use either
228
with
safety fuse or the electric match.
However, instead of containing and explosive charge, these small caps
contain an ignition charge for incendiaries, such as thermite. In other words, there is sufficient heat
created by one of these igniters in its burning to melt the brass container.
Q Did
you make a test on any of those?
A Yes,
sir; I did. I made a test of one of
these to see if it would ignite thermite.
Thermite is an incendiary mixture which cannot be ignited by a match,
because the temperature must be raised to a point at which chemical reaction
will start; and therefore I was interested in knowing whether one of these
would create sufficient heat to ignite thermite, and I found that it would.
Q What
is thermite?
A A
mixture of aluminum and iron oxide.
Q Is
that a high explosive?
A No,
sir; it is purely an incendiary. It
creates a temperature of approximately 5,000 degrees.
That is the last item shown in
Photograph P-56.
Q What
is the next one?
A The
next photograph is marked P-53. This
photograph shows ten small devices, one of which I have here, which are
constructed of brass and a plastic material.
These devices have a small top which can be unscrewed, and it is
threaded into the plastic container.
Beneath the plastic there is a small charge of a mixture of potassium
chlorate and sugar. Potassium chlorate
and sugar is a mixture which can be ignited simply by coming in contact with
sulphuric acid. Consequently it is a
delay device, set so that when concentrated sulphuric acid is introduced into
the plastic
229
container
to which the top can then be returned, the acid will eat through the plastic,
setting off the chlorate and sugar. Then
this will give a flash of flame out of the bottom of the container, which is
threaded so that either a detonator or an igniter may be screwed into the
article. This device could be used,
after the acid has been placed in there, for setting off either high explosive
or for igniting incendiaries, such as thermite.
Q Are
they identical?
A All
ten of these articles were identical.
I might say that in that test one of the
containers was marked as having a delay period of 70 minutes, but in an actual
test it was found that it would delay action for 57 minutes, at which time the
flash of flame would ignite the detonator.
This article which I have just
described is shown in detail in the photograph marked “P-65.”
The photograph which is marked P-54
shows a small box in which there were 11 small glass capsules, each protected
by a piece of rubber tubing, in which capsules were found to contain
concentrated sulphuric acid in a quantity sufficient to be used with the small
brass and plastic delay devices which I have just described. This capsule is simply a piece of glass
tubing with the ends sealed, and by breaking the ends acid could be removed
from the capsule and placed in the desired container. This capsule is shown in detail in the
photograph marked P-66.
The photograph marked P-55 shows five
pen and pencil sets. These pen and
pencil sets are contained in small leather cases and, in appearance, are
fountain pens and
230
mechanical
pencils. It was found, however, that
these are actually delay mechanisms. The
pen is marked “American Fountain Pen” and has a metal clip, gold in color, and
a fountain pen nib or point.
Q Is
there any marking on it?
A Yes;
there is a marking on the fountain pen nib which says “Warranted chrome tin
iridium,” similar to the guarantee that is on gold fountain pen points.
This pen and pencil set was found to
be a delay mechanism. The body of the
fountain pen, instead of containing an ink sack, was found to contain a capsule
of concentrated sulphuric acid. I can
remove this and show the construction of it.
This capsule (indicating) of thin glass contains sulphuric acid. In the end of the pen is a knob which, when
turned, raises a small platform in the body of the pen. When retracted the capsule will fit into the
body of the pen on a little rubber disk.
It is obviously just for protection.
Above the capsule is a small iron ring which has two teeth protruding,
which drops in on top of the capsule.
Behind the point of the pen there is affixed a small disk of celluloid
which acts as the delay diaphragm. The
body of the pen when completely removed therefore contains sulphuric acid which
is retained in the body of the sulphuric acid diaphragm.
To set this part of the mechanism in
operation it is simply necessary to turn the knob which will break the capsule,
releasing the acid, which will eat through the celluloid diaphragm and come
through the nib of the pen. It is
necessary to use both of these items together.
The point of the pencil, when removed, exposes a charge of potassium
chlorate and sugar similar to that contained in the brass and plastic
231
delay
devices. When the top of the pencil is
removed there is found a space in which there is a small supply of additional
lead for the pencil; and when the clip is removed and the portion holding the
clip in place, there is found a detonator such as that contained in the wooden
blocks which I have previously described.
232
This detonator is then removed and
placed in the point end of the pencil.
The pencil, incidentally, is marked “The King.” I do not believe I mentioned that.
Now, to complete the device, it is
simply n4ecessary to introduce the fountain pen into the pencil body and the delay
mechanism is complete.
Q How
do you say it was set off?
A When
put together in this fashion it is only necessary to turn this knob at the end
of the fountain pen body to crush the acid capsule, and that will put it in
operation.
Q Could
you, after having analyzed it, describe the force of the explosion which would
then take place in terms of its effect?
A The
force of the explosion from this would simply be the explosion of this
detonator, which would be sufficient to set off any high explosive such as the
TNT demolition blocks.
Q How
many of those packages of pen and pencil were there?
A There
were five of these and marked as having different delay periods. This particular one which I have before me
bears an identification tag, “American Fountain Pen.” On the reverse side is the description,
“Mindest (minimum) two and three quarter to three and three quarter std.
(hours)”
There were two sets in this lot which
were indicated as having delays of six to seven hours and one set indicated as
having a delay period of eleven to thirteen hours.
Q So
that I am perfectly clear, if one of these were screwed in, started working,
and connected with an explosive, it would, after the period of time indicated,
cause and explosion
233
when
connected with TNT or any other high explosive?
A Yes,
sir. Since the igniters are similar in
size, these could be replaced with one of these igniters and this could be used
to ignite thermite or another incendiary.
Shall I put this together before it is
exhibited?
Q I
think it had better be unassembled, so as to put it in a safe condition.
The President. I think we have seen it sufficiently.
Questions by the Attorney General:
Q Will
you continue with your next?
A This
photograph, P-55, also shows several miscellaneous items which are mentioned in
the inventory, the two boxes of safety matches, the German cigarettes, the
broken shoelace, and the laxative pills.
Photograph P-52 shows a group of ten
clockwork delay mechanisms. I have one
of these devices here, which is a small black metal case. This is accompanied by a small cap and a
small button.
In the lot there were ten of these
clocks, ten caps, and ten buttons.
Extending from one edge of the clock
is a notched wheel, which is simply used for winding the mechanism within. Also on that edge is a small lever, which is
simply a safety to be used on setting the firing pin.
On the other edge there is a threaded
hole into which a firing pin projects, so that the cap can simply be screwed
into the threaded hole.
On one side of the mechanism there is
a small indicator wheel which shows the period of delay.
234
On the other side is a small button to
be used for setting.
The indicator wheel shows that a delay
period of fourteen days can be obtained with this device. In an actual test which I ran, the clock was
set for a 14-day delay period and it actually went off in a period of 14 days
and 3 hours.
Upon opening one of the devices it was
found that it contained a small 13-jewel wrist watch movement from which the
spring had been removed and an extra heavy spring placed in there to account
for the period of time – that is, the long period of time.
The button is simply used in setting
the firing pin, which is held in place by a small sear until the delay period
has elapsed, after which is falls and sets off this small cap.
This cap simply gives a little flash
of flame, so that it is necessary to screw into this cap, which is threaded for
it, a small detonator of the special type which I have previously exhibited or
one of the special igniters.
This mechanism then could be used to
initiate a high explosive charge or to set off an incendiary.
Q How
would it be attached to the charge/
A The
detonator simply screws into the mechanism.
I can use one of the dummy detonators.
This dummy detonator here simply screws into that cap (indicating), so
that it is now assembled, and this can be placed right down in the hole in the
demolition bomb.
Q And
at the end of the period for which it is set the flash goes off?
A Yes,
sir. The firing pin would fall, setting
off this little cap, which would give a little flash of flame
235
sufficient
to set off this detonator. That in turn
would initiate the high explosive.
Q How
many were there?
A There
were ten of these.
Q I
think the Commission might be interested in seeing that.
A This
is shown in detail in Photograph P-71.
The President. What do you call that in the profession?
The Witness. Simply a clockwork delay mechanism.
Questions by the Attorney General:
Q Somewhat
like an alarm clock?
A Yes,
sir. The fourteen days, of course, is
unusually long, and longer than that of most clockworks, and for long delay
periods the use of a mechanical device rather than a chemical mixture is
desired. It has greater accuracy.
Major General Gasser. Is the operation of the mechanism audible?
The Witness. No, sir.
It is very quiet. The sound is no
more than that of a fine watch. It must
be held closely to the ear. That is now
running, if you care to listen to it.
The last photograph which I have is
marked “P-57,” and simply shows the wooden boxes in which the cans containing
these explosive materials were contained.
Questions by the Attorney General:
Q Have
you now described all of the photographs that were taken to identify this material
and the material itself?
A Yes,
sir, I have.
The Attorney General. Cross-examine.
236
CROSS EXAMINATION
Questions by Colonel Royall:
Q Mr.
Parsons, these various articles which you have described were in each instance
harmless without combination with something else; is that right?
A Well,
I would not say that the detonators are exactly harmless. If that are carefully handled and they were
well protected in the wooden boxes, the principal risk would be in dropping
them or giving them a sufficient jar to set them off.
Q Well,
in the condition in which they were packed and stored, they were not dangerous
to any person, were they, so long as they remained in that condition?
A I
believe that is substantially correct.
Q And
it would have taken some affirmative act to have made them dangerous, would it
not?
A Yes. It would have been necessary to prime or
place the detonators in the TNT to cause it to explode.
Q Now,
Mr. Parsons, you spoke of finding in a box some miscellaneous articles consisting
of some matches and cigarettes.
A Yes,
sir.
Q What
box were they in?
A They
were in the cardboard box in which the pen and pencil sets were at the time I
examined the material.
Q Are
these the ones you refer to (handing the witness some articles)?
A They
are, sir.
Q There
was not any uniform in that cardboard box,
237
was
there?
A No,
sir, there was not.
Q So
they were not in the pocket of a uniform?
A Not
at the time I saw them.
Q Did
you make any examination of those matches in any way?
A No,
sir, I did not.
Q Did
you see anything to indicate that they were anything other than ordinary
matches?
A No,
sir, I did not. I did not see anything
to indicate that they were part of the material that had been contained in
these cans.
Q You
made no examination of the matches?
A And
I made no examination of those matches.
Q So
far as you know, nobody else made any?
You had them in your possession, did you not?
A Yes,
sir.
Q Did
anybody else make any investigation of these materials besides yourself?
A Not
of the explosive materials. As to the
investigation of the items, I can’t say.
Q Now,
it is not a fact that three of the boxes had double X’s on them and one of them
had one X? That is not correct, is it?
A No,
that is not correct.
Colonel Royall. That is all we care to ask.
Colonel Ristine. No questions.
The President. Are there any questions by the
Commission? There seem to be none. The witness is excused.
238
The Attorney General. Now, Mr. Lanman.
Lieutenant Page. This witness has been sworn as to secrecy.
Colonel Munson. The witness is reminded that he is still
under oath.
CHARLES F. LANMAN
was
recalled as a witness for the prosecution and testified further as follows:
DIRECT EXAMINATION
Questions by the Attorney General:
Q Mr.
Lanman, you have been sworn already and testified you were a Special Agent of
the FBI. Do you know the defendant
Burger?
A Yes,
sir.
Q Will
you identify him? Point him out.
A This
gentleman right here (indicating).
The Attorney General. Stand up, please.
(One
of the accused stood.)
The Attorney General. Very good.
Sit down.
Questions
by the Attorney General:
Q Mr.
Lanman, you have been sworn already and testified you were Special Agent of the
FBI. Do you know the defendant Burger?
A Yes,
sir.
Q Will
you identify him? Point him out.
A This
gentleman right here (indicating).
The Attorney General. Stand up, please.
(One
of the accused stood.)
The Attorney General. Very good.
Sit down.
Questions
by the Attorney General:
Q Did
you apprehend him?
A Yes,
sir.
Q On
what day?
A On
the 20th of June, at about 5 o’clock in the afternoon, at the
Governor Clinton Hotel, together with Assistant Director E. J. Connelley and
Special Agent D. B. Rice.
A Governor
239
The Attorney General. Mark these for identification.
(Various
documents were marked
P-73 through P-75, respectively.)
Questions
by the Attorney General:
Q I
show you what is marked for identification “P-73,” which appears to be
signed. Who signed it? Were you there when it was signed?
A Yes,
sir, I was present. That is signed by
Ernest Peter Burger.
Q He
signed it in your presence?
A He
signed it in my presence, yes, sir.
Q What
is that?
A That
is a consent to remain under the continuous physical supervision of the Special
Agents of the Federal Bureau of Investigation.
Q I
show you P-74 and I ask you if that was signed by Burger in your presence.
A Yes,
sir, it was.
Q What
is it?
Colonel Royall. The paper speaks for itself.
The Attorney General. If you want to take time to read them, all
right.
Questions
by the Attorney General:
Q That
was signed by Burger in your presence?
A Yes,
sir.
Q Please
read it.
Colonel Royall. As I understand the
rules of the Court Martial Manual and the ordinary civil rules, as to anything
in the nature of either a confession or admission, the circumstances
240
under
which they were obtained must be developed by the prosecution before it appears
whether or not it is competent. We
therefore think we are privileged to ask the prosecution to ask this witness
that, or, if they do not so desire, we are privileged to ask him the
circumstances under which these papers were signed, before they are admitted
into evidence.
The Attorney General. May it please the Commission, I have already
asked the witness whether he apprehended Burger. If I were making an offer of proof, I would
offer them to show that he signed a waiver of arrest, removal, and search, and
that is the only purpose for which they are offered. It seems to me that the only circumstance to
show is that he was arrested. I do not
mind counsel for the defense asking any preliminary questions before they are
offered.
Questions
by Colonel Royall:
Q Mr.
Lanman, you apprehended him on the 20th day of June?
A Yes,
sir, that is right.
Q At
what time of the day?
A Approximately
Q At
what time was this Exhibit 73 signed?
A This
was obtained from Burger about one hour after we returned with him to the
Q How
long had he been in the
A About
one hour. As soon as we got back to the
Q How
long had you apprehended him before you went to the
241
A Just
long enough to make arrangements to pack the things up in his room and remove
him from the hotel to the office.
Q What
happened in that hour while he was there before he signed this?
A At
the office? We were waiting to make
arrangements, trying to get the forms. I
obtained that form as quickly as possible, had him fill it out. He read it and signed it, after which I
witnessed the signature.
Q Who
was present?
A These
other gentlemen that signed it and Agent Pettygrove.
Q Were
you talking to him in an effort to get him to sign it?
A No,
sir, I did not. I did not talk to him
about that until that paper was obtained and he was given the paper to read and
sign.
Q What
did you talk to him about during that interval?
A During
that interval I did not discuss a thing with him.
Q Did
the others?
A No,
sir.
Q Were
you there?
A I
was there all during that time, yes, sir.
242
Q Now,
the papers, P-74 and P-75, are dated June 22.
A That
is right. They were taken at later
dates.
Colonel Royall. Are you going to offer them all?
The Attorney General. We will offer them one after the other.
REDIRECT EXAMINATION
Questions by the Attorney
General:
Q What
is Exhibit P-73?
A This
is a consent to remain in the continuous custody of the Federal Bureau of
Investigation.
The Attorney General. Counsel for the defense says he does not
require it read, so I shall offer it in evidence.
Colonel Royall. If you will indulge me for just a moment, it
may be that I can shorten this. I want
to talk this over with my client. It may
be that we shall not raise any questions about it.
The Attorney General. I should like to have this spread on the
record.
Colonel Royall. May it please the Commission, my first
inquiry in this connection was largely due to the fact that I had not had an
opportunity to discuss the particular matter with this defendant, not being
aware that theses were to be introduced at this time. After my conversation with him, we have no
further objection or inquiry to make about any of these three papers.
(Exhibit P-75 was received in
evidence.)
Questions by the Attorney
General:
Q Did
you make a search of the defendant Burger’s room at the Hotel Governor Clinton?
A Search
of the defendant Burger’s room at the Hotel Governor Clinton was conducted by
other agents; I was not present during the search.
Colonel Royall. May it please the Commission, we think we
would like one of those papers read; in fact, we would like to have two of them
read, P-73 and P-74.
The Attorney General. Counsel asks me to read these exhibits. With the permission of the Commission, I will
do so. Exhibit P-73 is as follows:
“Federal
Bureau of Investigation
“United
States Department of Justice.
“
“
244
“I,
Ernest Peter Burger do hereby consent to remain under the continuous physical
supervision of the Special Agents of the Federal Bureau of Investigation, U.S.
Department of Justice, without immediate arraignment, and at such place as may
be designated by the said Agents, while information furnished or to be
furnished by me regarding any violation of the laws of the United States is
being verified.
“This
I regard solely as a step necessary for my protection during the progress of
this investigation and my consent to this arrangement is, therefore, freely
given by me without fear of threat or promise of reward. It is, however, not to be construed as an
admission of guilt on my part.
“The
foregoing having been read by me and having been to be a true and exact
representation of my voluntary decision in the matter, of my own free will I
herewith affix my signature in approval thereof.
(Sgd.)
“Ernest Peter Burger.
“WITNESS
(Sgd.) “P. E. Pettygrove” –
Question by the Attorney
General:
Q Is
that it?
A That
is right sir.
The Attorney General. (Continuing reading:)
(Sgd.) “C.
F. Lanman,
“Special Agent, F. B. I.
“
Exhibit P-74 reads as follows:
245
“N.
Y., N. Y.,
“I,
Ernest Peter Burger, having been first fully informed by C. F. Lanman, Special
Agent of the Federal Bureau of Investigation of the Department of Justice, that
I have the right not to be removed from the Judicial District in which I was
taken into custody without being first arraigned before a duly authorized
judicial officer or magistrate and except by virtue of a warrant of removal
issued for that purpose, do hereby waive my right to be arraigned before a duly
authorized judicial officer or magistrate and my right not to be removed from
the said judicial district except by virtue of a warrant of removal issued for
that purpose, and do hereby freely consent and agree that I may be forthwith
removed by representatives of the Department of Justice in their discretion to
any judicial district of the United States, either for the purpose of
questioning or for the purpose of being held to answer any original charge.
“I
am executing this waiver and consent of my own free will, and without any
pressure, compulsion or coercion of any kind whatsoever.
“The
foregoing document was read to me before I signed it, and I fully understand
its meaning and purport.
(Sgd.) “Ernest Peter Burger
“Witnesses:
(Sgd.) C. F. Lanman
(Sgd.) R. L. Johnson.”
The third one is Exhibit P-75. It reads as follows:
246
“
“
“I,
Ernest Peter Burger, hereby authorize D. B. Rice, and J. M. Jones,” –
Questions by the Attorney General:
Q Is
that right?
A That
is right.
The Attorney General (continuing
reading):
“Special
Agents of the Federal Bureau of Investigation, United States Department of
Justice, to conduct a complete search of my residence located at Room 1421
Governor Clinton Hotel. These agents are
authorized by me to take from my residence any letters, papers, materials or
other property which they may desire.
“This written permission is being
given by me to the above named Special Agents voluntarily and without threats
or promises of any kind.
“(SIGNED)
“Ernest
Peter Burger
“WITNESSES:
(Sgd.) “C. F. Lanman
(Sgd.) “R.
L. Johnson.”
With the permission of the Commission,
I shall now withdraw this witness and put on another witness, to whom the
waiver of search was directed.
The President. Is there any further questioning on your
part?
The Attorney General. I am going to put him back on the stand.
247
Colonel Royall. We wanted to examine him on this feature, but
we can defer it.
The President. The witness may be excused.
The Attorney General. Is Mr. Rice here?
Lieutenant Page. This witness has not been sworn to secrecy.
Colonel Munson. Mr. Rice, you understand that you will take
two oaths in this case, one as to secrecy about what transpires in the
courtroom, and that the violation of the terms of that oath may be punishable
by contempt proceedings or other proceedings, the other oath being your oath as
a witness. This is understood by you,
sir?
Mr. Rice. Yes.
Colonel Munson. Will you please raise your right hand while I
administer the oath of secrecy?
Mr. Rice. Yes.
Colonel Munson. Do you solemnly swear that you will not
divulge the proceedings taken in this trial to anyone outside the courtroom
until released from your obligation by proper authority or are required so to
do by proper authority?
Mr. Rice. I do.
Colonel Munson. Do you swear that the evidence you shall give
in the case now on hearing shall be the truth, the whole truth, and nothing but
the truth, so help you God?
Mr. Rice. I do.
B.
a
witness for the prosecution, was called as a witness and testified as follows:
248
Question by Colonel Munson:
Q Will
you please state your name, residence or office address, and occupation?
A B.
Downey Rice, Special Agent, Federal Bureau of Investigation, New York Field
Office.
DIRECT EXAMINATION
Questions by the Attorney
General:
Q Mr.
Rice, do you know the defendant Burger?
A I
do.
Q Will
you identify him?
A I
beg your pardon?
Q Will
you identify him if he is in the court?
A He
is the gentleman with the red tie, sitting between the two officers.
The Attorney General. Will you stand up, please?
(The defendant Burger rose.)
Questions by the Attorney
General:
Q As
the result of the waiver of search which is now in evidence, addressed to you,
did you search the room of the defendant Burger in the Governor Clinton Hotel?
A I
did.
Q What
was the number of the room?
A Room
1421.
Q Who
was present when you made the search?
A Assistant
Director E. J. Connelley, of the Federal Bureau of Investigation. The Special Agents were C. F. Lanman, J. M.
Jones, and A. F. Spinger.
Q Was
the defendant present with you when you made the search?
A Burger
was there.
249
Q Anyone
else?
A No,
sir.
Q When
was it made?
A The
search was made on June 30, 1942.
The Attorney General. I will ask to have these exhibits marked in
sequence.
(Articles
were marked as
Exhibits
P-76, P-77 and
P-77A,
P-78A and P-78B,
and P-79, for identification.)
Questions by the Attorney
General:
Q I
show you, Mr. Parsons, Exhibit P-76. The
exhibit is a wallet, to which the photograph of the wallet has been attached,
it being identified by the marking on the photograph, and I ask you whether you
can identify it.
A Yes,
sir, I have my initials on it. This is
the billfold that Burger had in his possession at the time he was arrested in
Room 1421 at the Governor Clinton Hotel.
It had $83 in
Q I
take it you removed the currency and turned it over to the –
A No,
sir.
Colonel Royall. May it please the Commission, we move to
strike out the previous answer because it is not responsive to the
question. We further object to these
exhibits – at least, we want time to inspect them before we determine whether
or not we shall object. It appears from
the testimony of the witness that the search was made on the 20th of
June and that the waiver was dated on the 22nd.
The Attorney General. That is right.
The Witness. Might I say, sir,--
250
Colonel Royall. No, sir, you were not asked any questions by
me, sir.
The President. What is before the Commission?
Colonel Royall. We object to the testimony about these
exhibits, sir, because it appears from the testimony that the search was made
on the 20th and that the waiver was obtained on the 22nd
of June.
The Attorney General. What difference does it make?
Colonel Royall. It makes considerable difference, I think,
because the waiver does not purport to be for a past search, as I heard it
read. It does not purport to cover a
past search.
The Attorney General. May it please the Commission, waivers, of
course, are unnecessary in any instance.
I put them in so as to show the whole proceeding and the due process
throughout this entire thing. Obviously
it seems to me that the waiver covers a general waiver of search, but in any
event I think that the waiver has no significance when the witness testified,
in response to my question, that he got the wallet from the defendant
Burger. That is the only thing he was asked. That is the question that is objected
to. I can see no reason for not
admitting it.
Colonel Royall. May it please the Commission, I think the
record will show that the Attorney General asked the witness if he searched
Burger and the room. He did not have any
right to search him without a waiver or without some warrant providing for it.
It may be that if I can find out what
these exhibits are – I have not had an opportunity to ask my client –
The President. Yes.
251
Colonel Royall. It may be that we will not have any
objection.
The President. We will give you time to look into it. The Commission will take a five minute recess
while counsel are determining their line of action.
(At this time a short recess
was taken. The following then
occurred:)
The President. The Commission will reopen.
Colonel Munson. May the record show that all the personnel of
the Commission, of the prosecution, and of the defense who were present prior
to the recess are again present, and also that the accused and the reporter are
present. The witness is reminded that he
is still under oath.
Colonel Royall. May it please the Commission: Upon further
thought and study of the practical effect of this evidence, we feel that
representing as we do all these defendants except one and not merely the defendant
Burger, it is our duty to insist upon what we believe to be a valid objection
to this testimony and these exhibits that are offered.
Without seeking to argue it at any
length, our position is that the Constitution of the
252
not
admissible in any court. We think that
is the ruling of all Courts, so far as we know, particularly in the case of
actual search of premises or quarters.
The evidence at this time discloses
that without warrant authorizing a search – none has been offered – and without
a waiver, because the waiver was obtained two days later, on the 20th
day of June a search, according to the witness, was made of these premises;
therefore, whatever was obtained, we contend, was obtained by an unlawful
search and is not admissible in evidence.
We, therefore, object on the grounds
which I have stated to the Commission.
The Attorney General. May I ask the witness a question before the
Commission rules?
The President. Yes.
Questions by the Attorney
General:
Q Mr.
Rice, did the defendant Burger at any time while you were with him make any
objection to your searching him?
A No,
sir.
Brigadier
General Henry. To searching him or his room?
Question by the Attorney
General:
Q At
any time while you were conducting the search for what you found on him or in
his room, did he make any objection to your searching either him or the
premises?
A No,
sir.
Colonel Royall. May it please the Commission, that is a new
fact that is brought up. We do not think
that changes the rule. We conceive that
mere failure to object does not dispense with the constitutional requirement of
either a warrant or a waiver.
253
The Attorney General. I do not think that the point is worth
arguing. I know of no constitutional
right which prevents a duly designated agent of the F. B. I., which is the proper
service of the Government, from searching a defendant with the defendant’s
permission, after the description of what had taken place beforehand – in other
words, the seizure of the material on the coast. This man was then apprehended and searched.
It seems to me that the search was
perfectly legal. I know of no
constitutional right against the search.
It would be like saying that when you arrested a man in the midst of his
committing a crime, you could not search him afterward.
Colonel Dowell. I should like to ask a question, if the
Commission please.
Question by Colonel Dowell:
Q How
positive are you that Burger was present when search was made?
A I
was with the arresting party, sir.
Q Answer
the question, please.
A Well,
I am quite positive.
The President. Are there any other remarks? Colonel Ristine, are you interested in this?
Colonel Ristine. No, sir.
The President. No, you are not.
Is there anything from the Commission?
(There was no response.)
The President. The Commission will be closed.
(The Commission was then closed. When it reopened, the following occurred:)
254
The
President. The Commission is open. The Commission desires to ask several
questions of the witness.
Questions by the President:
Q Where
did you arrest Burger?
A In
room 1421 at the Governor Clinton Hotel.
Q Why
did you arrest Burger?
A Based
on the order I received from Assistant Director E. J. Connelley.
I went with the arresting agents into the room. Of coarse I knew at the time that Burger was
suspected of being in a sabotage party that landed in this country, and that
the party had brought with them explosives.
Colonel Royall. If it please the Commission, I think it is
appropriate for us to move to strike out the latter part of the witness’ answer
as not being responsive to the question propounded to his.
The Attorney General. Will the Commission hear me on that?
The
President. Yes.
The Attorney General. The question of the President was, Why did
you arrest Burger? The answer was that
he was a suspected saboteur, and that therefore it was his duty to arrest him
as a suspected saboteur. It does not
seem to me that anybody would argue that a search warrant was necessary under
these circumstances. In other words,
that is certainly reasonable ground for his arrest.
The President. Have you anything to say on the motion to
strike out part of the answer? That was
the motion of the defense counsel.
The
Attorney General. I have to say that the
motion was made on the ground that the answer was not responsive
255
and
I think I have said that the answer seemed to me to be completely responsive to the question as to why he
arrested Burger. He said he arrested
him, first, because he had orders. That
was not objected to. Secondly, that he
was a suspected saboteur, and therefore he arrested him. I understand that that was the answer.
Question
by the President:
Q Did
you search Burger’s room at the time of the arrest, or later?
A I
searched it both in his presence and late.
That is, the search was continuous.
He was taken to the office shortly after his arrest and I remained to
make a thorough search of the room.
The President. Have you anything further to state?
Colonel Royall. May I ask the witness a question?
The President. Yes.
Questions
by Colonel Royall:
Q Upon
which search did you find the articles which are now being objected to?
A That
search was while Burger was still in the room?
Q You
discovered all of them at that time?
A There
has only been one article offered to me as yet, sir.
Q
You say you found that when he
was in the room?
A
Yes, sir.
The President. Subject to objections from any member of the
Commission, the objections of the defense counsel are not sustained.
Colonel Royall. May it please the Commission, that applies
both to the objection to the exhibit and the motion to
256
strike?
The President. Yes.
The Attorney General. May I proceed?
The President. Proceed.
Questions
by the Attorney General:
Q
I now show you Prosecution
Exhibit 76. Did you take this from
Burger?
A
Yes, sir; I did.
Q
That was a bill-fold?
A
Yes, sir.
Q
What did you find in the
bill-fold?
A The
bill-fold contained $83 in
Colonel Royall. May it please the Commission, in order not to
waive our rights we object also to that question. There will probably be the same ruling, but I
assume that we have to object unless there is some agreement that the objection
should apply.
The Attorney General. May we make an agreement that the objection,
without its being restated, will apply to questions asked with reference to
what was taken from the defendant Burger?
Colonel Royall. On the occasion of his presence?
The Attorney General. Yes: on the occasion of his presence.
Colonel Royall. And the Commission I assume rules against us
the same way?
The President. The Commission so rules.
Questions by the Attorney General:
Q
You took $83 from the
bill-fold. Did you get a
257
receipt
from Burger for it?
A
No, sir. I placed the $83 back in the bill-fold and
placed the bill-fold in an envelope of the Governor Clinton Hotel, sealed it
and had Burger write his initials across the flap of the envelope, together
with the amount of the money.
Q
I show you Exhibit P-81 and
ask you if that is the envelope in which you refer?
A
Yes, sir.
Q With
Burger’s name on it?
A
Yes, sir.
Q
You said you found cards in
that bill-fold. I show you Exhibit P-78,
the photographs of this exhibit being P-78A
and
P-78B, showing the two sides of the card, and ask you if that card is the
exhibit that was found in the bill-fold?
A I
cannot say that, sir, inasmuch as I removed the money and placed it back with
the cards and sealed the envelope, to be taken to the office for examining more
thoroughly later.
Q
You cannot identify this card?
A
No, sir. I know there were several cards in there, but
I did not inspect each of them.
Q
Were they put back into this
envelope and sent back?
A
They were removed from the
wallet. The wallet was placed in the
envelope with the money.
Q
Do you identify Exhibit P-77?
A
No, sir.
Q
Did you take anything off
Burger when you searched him, except what you have described?
A No,
sir.
258
Q Did
you find anything in Burger’s room when you searched the room?
A Yes,
sir.
Q When
was it you searched the room? Was Burger
present when you searched the room?
A Yes,
sir; he was.
Q What
did you find in the room?
A His
luggage was in the room, and in one of the suit-cases there was a money-belt.
Q I
show you Exhibit P-80. Is this the
suit-case in which the money-belt was found?
A Yes,
sir.
The Attorney General. I will offer the photograph when it comes.
Questions by the Attorney General:
Q What
did you find in the suit-case?
A There
was clothing in the suit-case and a money-belt.
Q I
show you Exhibit P-79, already marked for identification, and ask you whether
this is the money-belt you found in the suit-case?
A Yes,
sir; it is.
Q How
much was that?
A There
were 71 50-dollar bills, amounting to $3,550.
Q What
did you do with that money?
A That
money was also placed in an envelope of the Governor Clinton Hotel, sealed, and
Burger placed his initials
259
on
there, his autographic signature.
Q I
show you exhibit P-82, being an envelope, and ask you whether or not this is
the envelope to which you have referred, containing the 71 fifty-dollar bills,
on which Burger put his signature and which you sealed up?
A Yes,
sir.
Q To
whom did you turn over the two sealed envelope?
A To
Special Agent C.F. Lenman.
Q Did
you find anything else in the room when you searched, belonging to Burger?
A Yes,
sir.
Colonel Royall. This is the same search to which you are
referring?
Questions by the Attorney General:
Q This
is the same search, I take it?
A Yes,
sir. There were various articles of
personal effects, such as closing, a Lecia camera and a General Electric
exposure meter. There was also another
piece of luggage.
Q There
was another piece of luggage in the room?
A Yes,
sir.
The Attorney General. I will ask the reporter to mark this
multi-case P-83, and also this photograph.
(multi-case
and photograph thereof
were marked P-83 for the
identification)
Questions by the Attorney General:
Q What
did you with the second bag, the smaller of the two?
A The
second bag I identified and removed to the
Q To
whom did you give it to?
260
A I
took it down there myself, and it has been kept in the file of the Bureau
since.
The Attorney General. I now offer in evidence Exhibits P-01 and
P-02, which are the two envelopes, exhibit P-76, which is the wallet, and
Exhibit P-79 which is the money-belt, and ask that the accompanying photographs
be made a part of the record.
Colonel Royall. I understand that our objection applies to
this and that the Commission has overruled it.
There is no objection to the substitution of the photographs for the
physical exhibits.
(The
two envelopes marked P-81
and
P-82, the wallet marked P-76,
and
the money-belt marked P-79,
were received in evidence.)
The Attorney General. You may cross examine.
Questions by Colonel Royall:
Q You
are quite certain that Mr. Lanman was
present at the time of this search?
A
He was present at the time
the search was made, or very near by, possibly calling for a car. He possibly stepped out of the room a few
moments.
Q
You first said he was there,
without qualification, did you not?
A
I do not think so, sir. Agent Lanman was there at the time we made
the arrest, and he remained in the room the greater part of the time.
Q
Do you recall whether about 10
minutes ago in your examination you said definitely that he was there when the
search was made?
A
I recall saying that Burger
was there during the
261
search.
Q
Do you recall whether or not
you said Mr. Lanman was there?
A I
don’t recall saying anything about Special Agent Lanman except that he was part
of the arresting party.
Q That
is your best recollection of what you testified to?
A Yes,
sir.
Q
Mr. Rice, you stated that you made some search
after Mr. Burger left?
A
That is correct.
Q
What sort of search did you
make then?
A It
consisted of very thoroughly checking the room and the bath room connected for
any material that might have been hidden there, and gathering up the effects
that Burger left there.
Q
Did you look through his
clothes at that time?
A His
clothing was placed in his luggage and taken down to the office for very
thorough examination.
Q I
ask you again, Did you look through his clothing at the time of the search
which was made after he left the room?
A Yes,
sir; I looked through his clothing.
Q What
did you find in it?
A There
were several boxes of matches.
Q Where
are they?
A They
are in the exhibit file of the Federal Bureau of Investigation.
Q
Not here in court?
A
It is possible they are here
in court.
262
Q
You do not know whether they
are or not?
A
No, sir; I am not.
Q
What else did you find?
A
In his clothing?
Q
Yes.
A
Outside of handkerchiefs, I
cannot think of anything.
Q
Did you make a list of what
you found in the two searches, and what you found on the first search and what
you found on the second search?
A I
made no distinction between the searches.
It was all part of one search, and all of the articles found were
listed.
Q Do
you now make a distinction between what you found when he was not there?
A No,
sir.
Q Do
you know what you found when he was there and what you found when he was not
there?
A Yes,
sir.
Q Are
you certain that all these articles were found when he was there?
A These
articles that have been offered?
Q Yes.
A Yes,
sir.
Q Mr. Rice, you found no firearms of any kind, did
you?
A No,
sir.
Q No
weapons of any kind — not even a pocket-knife, did you?
263
A I
think there was a small pocket-knife.
Q You
said you made a list of what was found.
Where is that list?
A I
made a report of it, which is in the file of the Federal Bureau of
Investigation.
Q Where
is that report?
A In
the possession of the Federal Bureau of Investigation.
Q You
do not have a copy of it here?
A Not
with me; no, sir.
Q Have
you got one anywhere?
A No,
sir; I do not have, myself.
Q You
say you think you found a pocket-knife.
Are you certain about that?
A To
my best recollection, there was a small pocket-knife.
Q Did
you make any inquiry of anybody — do not tell me what was said — as to who that
small suit-case belonged to?
A Yes,
sir.
Q Of
whom did you inquire?
A I
inquired of Burger.
Colonel Royall. May I ask the Attorney General a question?
Would it be possible for me to get a copy of his report for the purpose of
cross examination?
The Attorney General. It is not customary for us to give confidential
files to opposing counsel for the purpose of cross-examination. It is not in evidence. It is not a statement. I will send for the file and look at it and
determine whether or not I can give it to counsel, with the President’s.
264
permission. We do not usually give away our private
reports to counsel for the purpose of cross-examination. But I will send for it now and glance over it
and determine whether or not the Commission thinks it should be given to the
counsel.
Colonel Royall. The only thing I want about the report, and
this could not be very confidential, since the witness has been examined about
it, is the part of the report which lists what he found and indicates, on which
search he found it.
The Attorney General. I am told that the report is in
Colonel Royall. Colonel Ristine may desire to ask a few
questions.
265
The President. Are you through with the witness, Mr. Attorney
General?
The Attorney General? No I am not.
The President. This is, I take it, a little bit out of
order, as far as your questions are concerned?
The Attorney General. Colonel Royall I think had been
cross-examining the witness and wishes his associate, Colonel Ristine, to have
an opportunity to examine him.
The President. You have finished, have you?
Colonel Royall. I have finished my cross-examination, subject
to requesting the Commission opportunity for further cross-examination whenever
this report is available.
The President. Colonel Ristine.
Questions
by Colonel Ristine:
Q Did
you find any letters in the room or on the person of Mr. Burger?
A There
was a letter in the room.
Q Do
you know what was done with that letter?
A Yes,
sir.
Q Is
it in the courtroom now?
A I
couldn’t say whether it is in the courtroom.
We retained the letter.
Colonel Ristine. Could I see the letter?
The Attorney General. No, we will not permit you to see the letter,
unless directed by the Commission. In
other words, may it please the Commission, we are presenting our own case and
are putting on our own evidence, and we do not propose, unless you otherwise
direct us to produce defendant’s evidence
266
at
this time. I think they can produce
their case in whatever way they want.
Colonel Ristine. I might state the reason for the
inquiry. I understand that my client —
The Attorney General. Wait a moment. With the permission of the Commission, I
object to any reason being stated with respect to inquiry bearing on evidence
that I state will not be produced unless I am directed to produce it. I object to any reason being given.
Colonel Ristine. May I suggest that it would probably be wise
for the Commission to know why I make inquiry about a document in order to
determine its relevancy in the proceeding, and particularly as it may have to
do with my client?
The Attorney General. I cannot see that any reason for introducing
evidence belonging to the defendant during the case of the prosecution is in any
way relevant. This seems to me to be a
fishing expedition, to ask the prosecution to produce evidence that the
defendant desires.
Now,
counsel has appropriate manner of forcing any evidence he likes at the
appropriate time. I know about this
case, and I have reasons for objecting to any explanation given by Colonel
Ristine with respect to his desire to produce the letter.
Colonel Ristine. May I state to the Commission that, of
course, except for the shortness of time which I had to investigate this matter,
I might have served written notice on the Attorney General requesting that
certain documents be produced for my inspection, but the shortness of time has
been such that I have had an opportunity to produce those documents.
267
The Attorney General. I may say now to Colonel Ristine that, had you
written me a letter requesting me to produce the letter, I would not have
produced it. This is the prosecution’s
case. I am submitting my evidence, and I
do not see that Colonel Ristine should address any remarks in connection with
evidence which he desires which is not part of my case, and which I have
reasons, unnecessary to state to the Commission, for not wanting that letter
produced.
The President. If there is no objection on the part of any
member of the Commission, the motion of the Attorney General is sustained for
the present.
Colonel Dowell. May I be permitted one further question?
CROSS-EXAMINATION
Questions by Colonel Dowell:
Q Please
state again the names of the ones that were present during the arrest of Burger
besides yourself and the ones who were present during the investigation during
the search.
A Present
were Assistant Director E.J. Connelley,
of the Federal Bureau of Investigation, Special Agents C.F. Lanman, J.M. Jones,
and A.F. Spinger.
Q What
is Spinger’s first name?
A A.F.
— A. Fletcher.
Q Jones’
full name was what?
A J.M.
Jones.
Colonel Dowell. That is all I have.
REDIRECT
EXAMINATION
Questions by the Attorney General:
Q Now,
Colonel Royall asked you whether or not you
268
found
anything else in the room, and you said that you found another suitcase. That has been identified as P-83. This (indicating) is the case, is it not?
A Yes,
sir.
Q Colonel
Royall asked you whether or not you asked Burger whose suitcase it was.
Colonel Royall. That is not quite right, but it is
practically right.
The Attorney General. Well, substantially so.
Questions
by the Attorney General:
Q What
did Burger say to you with respect to the ownership of this suitcase?
A Burger
said that that suitcase was the property of George John Dasch, whose initials
are on it, and that it was brought into this country when they landed from the
submarine.
The Attorney General. That is all.
With the permission of the Commission,
Lanman has already been called, he is in court, and I think I could finish his
testimony quite promptly, if the Commission will permit me to.
Colonel Royall. We have some cross-examination of
Lanman. I am afraid it would take
possibly longer that the Attorney General thinks.
The Attorney General. Could we start and see how we proceed? There
have been so many delays today that I would like to proceed.
The President. Proceed.
The Attorney General. Mr.
Lanman.
was
recalled as a witness for the prosecution and testified further as follows:
Colonel Munson. Mr. Lanman, you are reminded you are still
under oath.
The Witness. Yes, sir.
DIRECT
EXAMINATION
Questions by the Attorney General:
Q Mr. Lanman, it has been testified that these two
envelopes that are marked 81 and 82 were sealed. Do you recognize them (handing documents to
the witness)?
A Yes,
sir, I do.
Q Were
they delivered to you?
A Yes.
Q What
was in 81?
A Now,
exactly the contents of this envelope — I was told, and it was marked on the
outside, that there was 83 dollars in bills.
Q Did
you open the envelope?
A No,
sir.
Q Did
you open this envelope (indicating)?
A
No, sir, I did not.
Q
Did you open the wallet that
was delivered to you?
A
Later, yes; not at the time
it was recovered, but afterwards at the office.
Q
Will you identify the wallet?
A
Yes, sir.
Q
I show you the exhibit which
is No. 76 and ask you if that is the wallet that was delivered to you (handing
an
270
article
to the witness).
A
Yes, sir.
Q
Did you open it?
A
Yes, I did.
Q
What did you find in it?
A
I found the Social Security
card and a certificate of draft registration card.
Q
Just a minute. I show you P-77 and 77-A and ask you whether
or not —
Colonel Royall. May it please the Commission —
The Attorney General. I have not identified it yet.
Colonel Royall. This evidence which was taken at the search,
which we objected to. I just wanted to
make certain that the stipulation covers this inquiry also.
The Attorney General. The stipulation covers this evidence as well
as the former evidence.
The President. I understand that is made on the record.
Questions
by the Attorney General:
Q
Is this the Social Security
card (handing an article to the witness)?
A
Yes, sir, that is.
Q
With an accompanying
photograph?
A With
an accompanying photograph, yes, sir.
Q
What else did you find in the
wallet?
A
The registration
certification in the draft made out to Ernest P. Burger.
Q
I show you Exhibit 78, being
A and B, and ask you whether that is the
registration card found in the wallet (handing documents to the witness).
271
A
Yes, sir, it is. I have placed my initials on there.
The Attorney General. I now offer in evidence these two exhibits,
being 77 and 78, and I should like to have placed on the record the accompanying
photographs, also marked for identification, of both sides of these two
cards.
[Prosecution’s
Exhibits 77 and 78
were received in evidence.]
Questions by the Attorney General:
Q
Did you show these to Burger
at any time?
A
Yes, sir, I did.
Q
When?
A
At the office. I believe it was the 23rd. I made a notation of the date on the card and
my initials when I showed them to him.
Q Will
you take out the Social Security card from wrapper? I would like you to read that to the
Commission.
A
Social Security card, Account
No. 283-05-7246 has been established for Earnest Peter Burger, 11-30-36.
On the reverse side of this card is a
notation, “Keep this card. It shows the
account number used in keeping records of your Social Security benefit rights under
Federal and state laws. Keep a record of
this number, as you might lose the card.
Mention the number in all letters regarding your account.
“Address inquiries concerning
Unemployment Compensation (if there is a law in your State) to the State Agency
administering such law. Address
inquiries concerning Federal Old-Age Retirement Benefits (not state Old-Age
Assistance-or Pensions) to the nearest office of the Social Security Board. Sign this
272
card immediately and report the number
to your employer.”
My initials are in the lower right-hand
corner, with the date.
Q Those
are your initials on the card?
A Yes,
sir.
Q What
did Burger say about the card?
Colonel Royall. Before any statements of Burger which might
be in the nature of an admission or confession are made, we again desire to
examine the witness as to the circumstances in which they were made. That is what I had in mind when I said it
might take time to do so.
The Attorney General. Well, I suppose I identify the other card in
the dame manner, and then we will come to that.
Questions
by the Attorney General:
Q
Now, I show you the
registration certificate, which has been already offered in evidence, and ask
you if that is the one you took out of the wallet (handing a document to the
witness).
A
Yes, sir, it is.
Q Will
you take it out and read it?
A I
took this card out and exhibited it to Burger, I put my initials in the corner
and dated it. It says:
“Registration Certificate. This is to certify that in accordance with
the Selective Service Proclamation of the President of the
Then the name below that, the signature
of the registrar
273
is
— the first name I can’t make out. The
last name appears to be Frank, Registrar for Tenth Precinct, 15th
Ward, City or
Below that it says:
“Be alert. Keep in touch with your local board. Notify local board immediately of change of
address. Carry this card with you at all
times,”
and
the form number, D.S.S. Form 2.
In the lower right-hand corner,
16-17105.
In addition, there are my initials,
Q What
is on the reverse?
A On
the reverse side in a heading, “description of Registrant,” and under Race,
White, there is an X-mark. Under Height,
Approximate. Eyes, Gray, and after that
an X-mark. Under the Weight,
Approximate. Hair, Brown, with an X-mark
after that. Under Complexion and under a
sub-heading of Ruddy is an X-mark.
At the bottom: “Other obvious physical characteristics that
will aid in identification,” what appears to be the word “None,” and below that
is, “U.S Government Printing Office, Form 16-17105.”
Q
Now, I turn the card over and
ask you whether or not that is countersigned.
A
This card is countersigned,
Ernest P. Burger.
Q
Do you know whether that is in
Burger’s handwriting?
A
It was so stated to me by
Burger.
Q
That is his handwriting?
A That
is his handwriting, yes, sir.
274
Q
What information — now, do not
answer until counsel has time to object
— did Burger give you with respect to the Social Security card to which you
have testified.
Colonel Royall. May it please the Commission, we desire to ask
the witness the circumstances under which any statements were made by Burger
and the circumstances leading up to it, in order to determine whether
admissions or confessions, if they amount to such, were voluntary, as required
by law.
The Attorney General. Well.
I have no substantial objection.
This is not a confession. It is
an admission made by the defendant himself to the witness. I hardly think, therefore, that the objection
is relevant to that. But I have no
substantial objection to it. It is a
little unusual to ask to cross-examine the man as to the circumstances under
which a conversation took place, but it makes very little difference.
Colonel
Royall. I understand that the Attorney
General does not object.
The
Attorney General. No.
Colonel
Royall. May I proceed?
Questions
by Colonel Royall:
Q I
believe you have testified that you saw Burger on the 20th of June.
A Yes,
sir, that is correct.
Q When
did these conversations about which you stated occur?
A They
occurred several days later at the
Q Do
you know what days?
A The
particular case in reference was the 23rd.
275
Q Where
was Burger from the 20th to the 23rd?
A We
were questioning Burger —
Q Where
was he?
A
At the
Q How
was he confined during that period?
A Confined
in a place provided by the office for himself and others that we had there.
Q Was
he in a solitary cell?
A During
the evening hours he was placed in a cell.
During the daytime when we questioned him we brought him downstairs to
one of the smaller offices.
Q How
much sleep did he get during that time?
A Well,
now, I can’t say exactly how much sleep he got, because I wasn’t in the cell
with him. Sometimes it would be rather
late in the evening. Other times we
would turn him back to the room where we kept him during the night at a fairly
early hour.
Q How
late did he stay up on the night of the 20th?
A On
the night of the 20th, sir, when we brought him back to the office,
shortly after we returned we started questioning him.
Q I
say, when did you start on the 21st?
A On
the 21st? That was on a Sunday and I can’t recall exactly when it
was. It was sometime around 2 in the
276
afternoon, I
believe — 1 or 2 o’clock in the afternoon.
Q How
late did you question him that night?
A Possibly
until about 8:30 or 9:00 o’clock.
Q How
about the 22nd?
A
The 22nd we started
rather late in the morning, went through the afternoon and possibly around 8 or
9 that evening.
Q By
that time he was pretty well physically exhausted?
A Whenever
Burger made any statements to the effect that he was getting tired, we stopped.
Q You
did that every time?
A Yes,
sir.
Q You
did that on the 23rd, too?
A Yes,
sir.
Q How
many people questioned him?
A Mr.
Fellner and myself were there most of the time.
At the outset Mr. Rice was there, and due to something else that he had
to do, Mr. Fellner came with me, because Mr. Fellner understood German, and Mr.
Fellner was with us most of the time.
Colonel
Royall. That is all.
Questions
by the Attorney General:
Q Will
you answer the question, if the stenographer will read it? (The last question of the Attorney General was
read.)
A
Burger stated that this
Social Security card was given to him in
Q
By whom?
A
By, as I recall it now,
Dasch, and that the card at the time was all fill out, typed out.
Q
Did Burger then state to you
whether Dasch was the leader of his group?
277
A
Yes, he did. He had told us, as I recall it, previous to
that time that Dasch was the leader of his group.
Q
Did he give you any other
information about that card?
A
He stated that he did not
know definitely whether this card was made in
Q
Did he say whether or not he
did actually register under this card?
A No. That particular question was not asked him
with reference to this card.
Q
That is the Social Security
card?
A
That is the Social Security
card.
Q
I beg your pardon. In reference to this card (indicating) did he
say he actually whether this was a Social Security card issued in the
A
No; he said this card was
given to him in
Q
With respect to the other
card, the registration certificate, what did he say with respect to it? I think
you have already said that he admitted having countersigned it.
A
Yes.
Q
Who gave it to him?
A This card was given to him first in blank and
George Dasch filled it out.
Q
Did he say what Dasch told him
it was at the time it was filled out?
A It
was a registration certificate for draft in the
Q
Did Burger say anything else
that Dasch said to him
278
with
respect to the card when he gave it to him?
A
Not that I recall.
Q
Where did Dasch give him the
card?
A This
card was given to him in
Q
When?
A
During the time of their
departure from
Q
Do you remember the date?
A
On which the card was given
to him?
Q
Yes.
A
No, I do not.
Q
Was the other card given to
him at the same time this was given to him?
A
At the same time.
Q
Did you show Burger at any
time articles of clothing?
A
Yes, sir.
Q
When did you show to him these
articles of clothing?
A
July 1st.
Q
I show you Prosecution’s
Exhibit No. 22 —
Colonel Royall. May it please the Commission, at this stage
is the testimony and are these statements being offered only against Burger? Is that correct?
The Attorney General. No, that is not correct. One of the charges here is a conspiracy
charge. Of course, you have to prove
your conspiracy piece by piece, but when you show that a conspiracy occurs and
it is active, of course the confession or statement of any conspirator is
evidence against the other conspirators.
Therefore, this is being offered against Burger at this point, and when
followed by other appropriate evidence
279
will,
of course, be admissible against the other defendants.
Colonel Royall. The statement made by the Attorney General
is, of course, entirely correct as a matter of law, that under certain
circumstances a declaration of one conspirator is competent as against another
when there has been sufficient evidence to establish a conspiracy. It is impossible for me to anticipate whether
that will be shown or when it will be shown, and therefore I would like, on
behalf of the other defendants, to object to this further testimony. Up to this point it has not affected the
others.
280
In order to avoid repeated objections,
if the Attorney General will agree, I should like to stipulate that the
testimony of this witness as to declarations by Burger will be objected to by
the other defendants.
The Attorney General. Very good; I agree to that.
Questions
by the Attorney General:
Q
I show you Exhibit P-22, which
is a German marine cap. Did you show
that to Burger?
A
Yes, sir, I did.
Q
What did he say about it?
A
Burger said this was the cap
worn by him when the submarine put him ashore as Amagansett,
Q
Where was he given the
uniform?
A
He was given the uniform in
Q
When was he given the uniform
in
A
No date as to when the
uniform was given was told to us.
Q But
in connection with these later activities of the defendants, as to when he was
given the cap and uniform, was it before he went to
A
Before he went to
Q
Before he left
A
Before he left
Q
Can you identify any ticket on
that cap as being in his handwriting?
A
In his handwriting, right
here (indicating).
Q
Would you read his
handwriting?
A
“This is the cap worn by me
when I landed at
281
Amagansett,
Signed, “E.F. Burger” and initialed by
me at
Q
The signature is in Burger’s
handwriting?
A
The signature is in Burger’s
handwriting.
Q
Made in your presence?
A Made
in my presence, and my initials were placed on it at the same time.
Q Did
you ask him with respect to any of the insignia on the cap?
A Yes,
I did.
Q What
did he say with respect to the insignia on the face of the cap which I show
you?
A He
said that that insignia was the insignia of the German Marine Infantry.
Q Which
insignia there seemed to be put on the cap?
A This
circle here with the red center and white circle.
Q The
witness designates a small red circle with a white circle around it and a full
circle around the white circle; is that right?
A Yes,
sir.
Q Did
he say anything about the insignia appearing above that in the form of an
eagle?
A Merely
that this was the usual symbol worn by the German Army or German Navy?
Q By
the German Army or Navy?
A German
symbol.
Q You
are now designating the eagle with the swastika under it?
282
A That
is right.
Q
Did he say whether or not any
of the other defendants had similar caps?
A He
said they were all issued caps of this sort, but he was the only one who got
his ashore.
Q
Issued under the same
circumstances?
A
Issued under the same
circumstances.
Q
Did you show the witness
Burger any other clothing?
A
Yes, sir, I did.
Q
I show you Exhibit P-34 and
ask you whether you showed this exhibits of trousers similar to this to him.
A
I showed him several pairs of
trousers, and he picked this pair of trousers out and identified that as those
worn by him and as given to him at
Q
Was there a similar tag?
A
A safety pin in the pants was
the means of identification that he made, and the tag that was made out by
Burger is this:
“One pair of pants—German
Army—fatigue—identified as been worn by me when landing at Amagansett,
L.I. June 13, ‘42, through safety pin in
waistband.”
Signed “Burger, 7/1/42.”
Q
He signed that in your
presence?
A
Yes, sir.
Q
Saying those were his own
trousers?
A
He stated those were his own
trousers.
Q
Issued to him at the same time
as the cap?
283
A
Issued to him at the same
time as the cap.
Q
I show you prosecution exhibit
P-37 and ask you whether you showed this to Burger.
A
We showed him all the coats
we had in our possession. He stated that
the only coat that had a belt on it in the group was his. We picked this coat up, and Burger said this
was his coat and filled out a tag here, stating:
“Fatigue jacket worn by me when landing
at Amagansett June 13, ’42. Identified
through belt.”
Signed “E. P. Burger, 7/1/42,” and
initialed by me.
Q
He signed that in your
presence?
A
Yes, sir.
Q
Did you show him any other
parts of clothing?
A
Yes, sir, I did.
Q
I show you Exhibit P-35, which
seems to be a coat already offered in evidence and ask you whether he
identified this.
A
Yes, sir.
Q
Have you hot his tag here?
A
Yes, sir, his tag is on here
— right here (indicating).
Q
What does it say?
A
This tag states:
“Coat carried by Heinck when landing at
Amagansett, June 13, ’42.”
Signed, “E. P. Burger, 7/1/42.”
Q
What did he tell you about the
coat?
A
This coat was carried —
Q
(Interposing) This is what
Burger told you?
A This
is what Burger told me. He said that
this coat
284
was
carried by one of the defendants, Heinck, when they landed on the bench at
Amagansett. This coat was stretched out
on the beach, and the contents of the sea bag which they brought with him were
dumped on this particular coat.
Q
That is what he told you?
A
He stated that later, before
leaving the beach, he left that coat on an upper bank —
Q
(Interposing) Who left it?
A
Burger — on the upper bank of
the beach before they went up from the beach entirely.
Q
I show you Exhibit P-24 and
ask you whether this is another thing that you showed Burger.
A
Yes, sir, it is.
Q
It is the duffel bag?
A
It certainly is.
Q
Do you have an identifying
mark on that?
A
Yes, sir.
Q
What did Burger say to you
about that duffel bag?
A
He identified this duffel bag
as follows:
“Sea bag identified by me as being same
which was used to carry our civilian clothes from
Signed, E. P. Burger, 7/1/42.”
Q
Did he say whether or not it
was issued at the same time his uniform was issued?
A
This was given to them in
Q
A
Q
Did he say what was done with
the duffel bag when
285
it
was taken to the beach?
A
Yes. This duffel bag after it was taken from the
beach and the clothing in the bag was brought from the submarine and was gotten
out—the bag was later given to Burger, according to his statement, to bury
further back on the beach, and he stated that he buried this bag partially on
the beach, leaving the top part of it exposed before he and his associates left
the beach.’
Q
Did he tell you what was in
the bag when he buried it?
A
No, sir, he didn’t.
Q
Did he tell you what he had
proposed to do with the bag?
A
At the time it was on the
beach, he dragged the bag across the beach to leave a mark on the beach, and
that when he buried the bag in the back of the beach he proposed to leave it in
such fashion that the bag would be easily found by anyone who might be
searching for it.
Q
Did you show him any other
articles of clothes?
A
Yes.
Q
What did he say about them?
A
He stated these were his,
issued to him at the same time the uniform was issued to him in
“One pair of German Army shoes worn by
me when landing at Amagansett, L. I.
June 13, ’42. I was the only
member of the group, who wore shoes of this type ashore.”
286
Signed, “E. P. Burger, 7/1/42.”
Q
I show you Exhibit P-41 and
ask you whether this pair of woolen socks was shown to Burger.
A
Yes, sir, they were.
Q
Describe how he identified
them.
A
He identified these as being
his. The tag states the following:
“One pair of socks worn by me when I
landed at Amagansett, L.I. June 13,
’42.
“I
identify these socks as being mine because I was the only one of the group who
took socks ashore with me.” Signed, “E. P. Burger, 7/1/42.”
Q
I show you Exhibit P-45,
already offered in evidence, which is apiece of paper. It has already been introduced and
translated. I ask you what Burger said
with reference to this piece of paper that is marked as Exhibit P-45, the
writing being n German and the translation having already been testified to.
A
Burger stated that this was
part of the bag—attached to the sea bag—and was coming off because of the salt
water on it. He identifies it in the
following manner:
“I identify this paper as part of the
bag attached to the sea bag which we brought ashore from the submarine at
Amagansett, L.I. June 13, 1942.”
Signed, “E. P. Burger, 7/1/42.”
Q Did
he tell you what was on the complete bag, or did he describe it to you?
A No,
he didn’t; he was unable to do that.
287
Q
Nor did he know who put the
tag on the sea bag?
A
No, sir, he didn’t.
Q
I show you exhibits P-28 and
P-29, they being two shovels, and I ask you whether or not you showed them to
Burger. Here is P-28 (handing a shovel
to the witness).
A
Yes, sir. This was shown to Burger.
Q
Is there any tag on this
exhibit P-28?
A
Not placed on there by
Burger.
Q
Do you recollect whether or
not Burger made a statement with respect to this particular shovel, P-28, on
which there is no tag?
A
Not with reference to this
particular shovel. As to both shovels at
the same time he stated these were shovels at the same time he stated these
were shovels used by him to bury the sea bag, and one shovel had been left in
the ground—under the sand—with the sea bag, and the other one had been laid by
him on the ground along—side the sea bag, where the top was protruding from the
sand.
Q Did
he say who had issued the shovels or given them out?
A These
shovels were given to them on the submarine.
Q Did
he say what individual gave them to him?
A
No, I don’t recall that he
did.
Q
I show you the other shovel,
Exhibit P-29, and ask you whether or not he identified it.
A
Yes, sir, he did. There is one tag here that states:
“Two shovels used to bury boxes and sea
bag at
Signed, “E. P.
Burger.”
Q
I do not know whether or not I
have asked you this
288
question: Did he say anything with reference to the
uniforms worn by the other three defendants in his group when he showed you the
uniform you have described?
A
He was not able to identify
any of the uniforms as being worn by a particular man, except that they were
uniforms of other members of the group, he believed.
The Attorney General. I ask that this series of photographs be
identified by one numeral and that each photograph be marked with a separate
letter.
(Series of photographs of physical
exhibits were marked as Exhibits
P-84 A to J, inclusive.)
Questions by the Attorney General:
Q
I show you a series of
photographs which have been marked as Exhibits P-84A to P-84J, inclusive. Theses are photographs of the objects already
introduced. I will ask you whether or
not they are photographs of the objects to which you referred.
A
Yes, sir.
Q
Did you show them to Burger?
A
Yes, sir.
Q
Did he identify them by any
handwriting on the photographs?
A
He made notes—handwritten
notes—on each of the photographs that he was able to identify and signed them.
Q
Did he sign each photograph?
A
Each one, yes, sir.
Q
Did he date it?
A
No, sir. They were dated by me when I initialed them.
Q
Did you initial them when he
signed them, or later?
289
A
Not at the moment, no, sir;
later on.
Q
Did he sign them in your
presence?
A
He signed them in my
presence.
Q
Did he sign them under the
writing—the descriptive writing—indicating what the photographs represented?
A
Yes, sir.
Q
Will you go through the
photographs very briefly and state the description on each photograph, which
description was signed “E. P. Burger”?
A
The first one, J, is:
“Spades used to bury boxes and sea sack
on
Q
You are reading from the
description?
A
Put on there by Mr. Burger.
I is:
“Suits worn by one group when landing
at Amagansett, L.I., June 13, 1942. E.
P. Burger.”
H is:
“Sea
cask, in which civilian clothes were carried from submarine to shore at
Amagansett, L.I., June 13, 1942. E. P.
Burger.”
G:
He has numbered each article which the photograph contains, there being
four articles: low shoes, a pair of rubber-soled shoes, one
sneaker—rubber-soled shoe—and a pair of socks.
Number 1 is:
“Shoes worn by myself.”
Number 2 is a sneaker or tennis shoe,
and on the picture it states:
“One of shoes, which I believe worn by
Quirin.”
290
Number 3 is a pair of tennis shoes or
gymnasium shoes, and it states on here:
“Shoes worn by Henry.”
Number 4 is a pair of socks, and it
says:
“Socks worn by myself.
“June 13, 1942, E. P. Burger.”
F is a picture of the cap, and the
description states:
“Photograph of cap worn by Burger at
landing June 13, 1942, Amagansett, L. I. E. P. Burger.”
E is a group photograph of the sea
sack, raincoat, and shoes worn by Burger, socks worn by Burger, one of the
shoes of Quirin, shoes of Henry; and in addition the photograph says:
“The articles of this photograph are
identified by me, as being those left by me on beach at Amagansett, L. I., June
13, 1942. E. P. Burger.”
On photograph D the description states:
“Photograph of coat I wore when landing
at Amagansett, L.I., June 13, 1942.
“Identified by belt and buttons. This was the only coat worn by any of the group
which had a belt. E. P. Burger.”
The President. Mr. Attorney General, it is now after five
o’clock. If there is nothing of pressing
importance, the Commission will stand adjourned.
Colonel Royall. May I address the Commission?
The President. Yes, sir.
Colonel Royall. I assume that there could be no more question
about it, but I should like it to appear clearly in the record that there is
objection by all the other defendants to this testimony so far as it may affect
them — that is, the testimony
291
of
Burger’s statements and declarations.
That was put in before we started.
The President. Yes, that will be entered in the record.
Colonel Royall. There is no objection on the part of Burger
to this testimony.
The President. The Commission is adjourned until ten o’clock
tomorrow morning.
Will you, Mr. Attorney General, and
the Judge Advocate General be conscious of the prior engagement at nine-thirty.
The Attorney General. Yes.
We will be here at nine-thirty.
(At 5:05 o’clock p.m. an adjournment
was taken until Friday, July 10, at 10 o’clock a.m.)
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