MR. JUSTICE JACKSON: In other words, he agreed with you that it would end with the defeat of Germany, but did not want it said to Hitler, is that right?
MILCH: No, I would not go as far as that. When I said that this meant the defeat of Germany, I was voicing the conclusion reached by me. He merely agreed that this war should be avoided at all costs and that it would prove a misfortune for Germany. That was the way he put it; he did not use the word “defeat” in this connection.
MR. JUSTICE JACKSON: Was it mentioned by you?
MILCH: I mentioned that to open a second front against so strong an enemy would mean the defeat of Germany.
MR. JUSTICE JACKSON: And did he disagree with you about that? Did he take issue with you about that?
MILCH: No, he did not argue about it, he only declared himself opposed to taking on anything else, as he considered it impossible to do so; what we thought would not make the slightest difference and it would only give Hitler the impression that we in the Luftwaffe were defeatists.
MR. JUSTICE JACKSON: And you did not attempt any further to convey the information, from which you thought Germany would be defeated if she entered into war with Russia, to Hitler or to any other officer of the High Command?
MILCH: It was impossible for me to do so. I could not act against the order of my superior officer.
MR. JUSTICE JACKSON: Of the Reich Marshal?
MILCH: Yes, of the Reich Marshal.
MR. JUSTICE JACKSON: And, so far as you know, after his talk with you he never conveyed the information to Hitler that it was your opinion that the war would end in disaster?
MILCH: I had the impression that he had previously discussed the subject with Hitler but without any degree of success, because with Hitler that was impossible.
MR. JUSTICE JACKSON: Well, but you had been abroad for Hitler and reported to him and he apparently had confidence in you, and I am asking you if Hermann Göring ever reported to Hitler that you, from your information, felt that it was a disaster to go into that war?
MILCH: My trips were not made at Hitler’s order. They were made in response to invitations from foreign governments to the Luftwaffe and at the order of the Reich Marshal. It was only because I was aware of the importance of these trips and because I incidentally heard political statements—in spite of my reluctance at the time, since they did not concern me as a soldier—that I thought it my duty to report personally to Hitler.
MR. JUSTICE JACKSON: Did Göring direct you to do that?
MILCH: To go to Hitler? Yes, Göring told Hitler about it and Hitler ordered me to report to him. I myself did not say, “I am now going to see Hitler,” but I received an order to that effect from Hitler himself.
MR. JUSTICE JACKSON: And he did not send you to Hitler until he knew what you were going to report?
MILCH: No, he himself had . . .
MR. JUSTICE JACKSON: So he did know?
MILCH: He himself had no cognizance of the subject. He had no time to receive me.
MR. JUSTICE JACKSON: Göring had no time to receive you?
MILCH: No. Göring at that time had many other matters on hand and he did not want to hear about these things.
MR. JUSTICE JACKSON: So he left that to Hitler, who was not busy, I take it. Is that true?
MILCH: Hitler was interested in the matter.
MR. JUSTICE JACKSON: I think you told us in interrogations that Göring was not very industrious. Is that correct?
MILCH: I should be very reluctant to answer that question.
MR. JUSTICE JACKSON: Very well, I withdraw it. It was not a kindly question to begin with. When you found that Germany was going into a war which you, an informed officer, considered a disaster, did you resign?
MILCH: Resign? What from?
MR. JUSTICE JACKSON: Resign your commission as an officer or take any other steps to protest?
MILCH: No, that was absolutely impossible. There was an order which ruled it impossible.
MR. JUSTICE JACKSON: And who gave that order?
MILCH: Hitler himself.
MR, JUSTICE JACKSON: Now, you said you had experienced this yourself.
MILCH: Not only in my own case. The order applied generally.
MR. JUSTICE JACKSON: You said on Friday that you experienced it yourself, that you could not resign.
MILCH: No; one could not resign.
MR. JUSTICE JACKSON: Did you try it at any time?
MILCH: I frequently applied for my discharge in peacetime. My resignation, however, was not accepted, the reason given being that I had no right to ask for it, but that I would be told by higher authorities when I had to go. During the war I never applied for my discharge, because as a soldier in wartime I could not apply for it.
MR. JUSTICE JACKSON: Did you not have some talk with Göring at one time about retiring from your position, in which he not only forbade you to leave, but also told you there would be no use in feigning ill health?
MILCH: Yes. There was no possibility of giving this as the reason unless one was really ill. When retiring from a high position it had been customary in the past to plead ill health. Now this was no longer possible.
MR. JUSTICE JACKSON: And he did suggest to you in that discussion one way out, did he not?
MILCH: No, he did not suggest a way out, but I did.
MR. JUSTICE JACKSON: What did you suggest? What talk did you have about suicide? Did Göring tell you that the only way you could get out was to commit suicide?
MILCH: That would have been the only possible way out.
MR. JUSTICE JACKSON: Well, did Göring tell you that?
MILCH: No, I said that; not he.
MR. JUSTICE JACKSON: And he did not disagree with you, I take it.
MILCH: No. He did not care if I did or not.
MR. JUSTICE JACKSON: Now, you have the regulations with you, which you say were printed for the information of every soldier, about international law and regulations. You have them with you this morning?
MILCH: I have them with me; the regulations are contained in my service book, the same as for every soldier.
MR. JUSTICE JACKSON: You gave us a little information about that, but I would like you to get that out and give us exactly the text of those instructions or regulations, which you say reflect international law as you understood it.
MILCH: Do you want me to read it out now? The quotation . . .
MR. JUSTICE JACKSON: Not too fast.
MILCH: No.
“Ten Commandments for the Conduct of the German Soldier in War.
“1. The German soldier fights chivalrously for the victory of his people. Cruelty and needless destruction are unworthy of him.
“2. The fighter must wear a uniform, or else he must be provided with insignia visible from a good distance. Fighting in civilian clothes without such insignia is prohibited.
“3. No enemy once he has surrendered shall be killed, not even a partisan or a spy. The courts will administer the just punishment.
“4. Prisoners of war must not be maltreated or insulted. Weapons, plans and notes are to be taken from them. Apart from these, none of their possessions may be taken from them.
“5.