JACKSON: May it please the Tribunal; I should like to make a motion to the case of Streicher. I desire to move that Streicher's testimony found at pages 8494, 8495, and 8496 of April 26th be expunged from the record, and on page 8549 of yesterday's testimony in which Streicher makes charges against the United States army of mistreatment. If this testimony is irrelevant, it has no place in this record. If it is relevant, then it calls for an answer at considerable time and at considerable difficulty in view of the redeployment of people in the service of the United States. In our view it is utterly irrelevant. It was not responsive to any question and, no matter how it should be resolved, it would not help to determine whether Streicher is or is not guilty of the offences charged here, but it is not a pretty charge to leave unanswered in a record for all time.
It may be that we are unduly sensitive, as it has been suggested, but the United States has tried to conduct this war within the rules and the forces of the United States have sane sensitivity about their record in that respect.
In order to obtain a clear-cut ruling and in order to know whether we should take any steps in reference to this, I move that this be expunged as immaterial and irrelevant testimony and, of course, if it is irrelevant, we are excused from any duty to deal with it; if not, we will know that we must.
THE PRESIDENT: I can tell you what it was. The motion was that passages on pages 8494, 8495, and 8496 and on page 8549, in which the defendant Streicher made certain charges against the United States Army, be expunged from the record.
"If I might finish now with the description of my life, it will be with the description of an experience which will show you, gentleman of the Tribunal, that without the government's wanting it, things may happen which are not human, not according to the principles of humanity.
Gentlemen, I was arrested, and during my internment I experienced things such as we, the Gestapo, have been accused of. Four Four days I was without clothes in a cell. I was burned; I was thrown on the floor, and an iron chain was put upon me. I had to kiss the feet of Negroes who spit into my face, Two colored men and a white officer spit into my mouth, and when I didn't open it any more, they opened it with a wooden stick, and when I asked for water I was led to the latrine and I was ordered to drink from there.
In Wiesbaden, gentlemen, a doctor took pity, and I state here a Jewish director of the hospital acted correctly. I state here, in order not to be misunderstood, the Jewish officers who are guarding us here in the prison have acted correctly, and the doctors who also treat me have even been considerate. And you may see from this statement the contrast from that prison until this moment.
What I have told you now I have reported to an American officer and the officer has forwarded the report to Frankfort. What happened to it I have never found out. That was my life. Now, please ask your questions."
"GRIFFITH-JONES: Do you mean mean by "enlightenment" the word "persecution"? Is that why the Jew was to have no joy from it, from your enlightenment?
STREICHER: So as to avoid a misunderstanding, I have to say that I was beaten in Freising so much and for days without clothes that I have lost forty per cent of my hearing capacity and people are laughing when I ask. I can't help it that I was treated like that. Therefore, I ask to hear the question again."