"15. Looting, rape and murder in Lacacac (district of Mitrovica).
"16. Acts of assault by the Cossacks in Gradiste."
The next page, Your Honors, page 41:
"17. Confiscation of 300 horses, 500 sheep, 400 head of cattle, and 200 pigs from the villages of Ljuba, Grgurevei, Mandelos, and Schuljan."
This was reported by the District of Buka. The 1st Cossack Division requested the investigation and the action taken was:
"Comment of the 1st Cossack Division dated 7.11.43; captured cattle partly from bandit villages request information from which villages loot has been taken illegally in order to recompense with Reich monies.
"18. Complaint of master forester Ebenhoeh, 2nd Panzer Army."
The 1st Cossack Division reported:
"Events in Ilok partly invented, partly intentionally exaggerated with intent to discriminate against the 1st Cossack Division.
"19. Arrests of Croatians by Cossacks."
And finally: "Excesses of the Cossacks in the community of Morovca."
If Your Honors turn to page 42, page 25 of the German document book, we find items:
"21. Excesses of Cossacks in the community of Privlaka, District of Vuka.
"22. Arrest without cause of Ustasha follower Marijan Stivic and family Stivic." And the Cossack Division said, "No arrests, only drafted for transportation work.
"23. Complaint of the postmaster of the Croatian post office Osijek.
"24. Confiscation of horses of Domobrane Parasilona Marko" and "Excesses of the Cossacks in Kamenica."
DR. FROEHSE: Dr. Froehse for the defendant Leyser. Your Honor, I would like to point out page 38 of the English, No. 3. I would like also to point out that orders were given and also executed. The prosecution didn't read this part in column four but that says that eight Cossacks were shot to death for looting, etc. I think it is important that this also should be read into the record
MR. RAPP: Your Honor, the entry in paragraph three on page 38 of your document book I will now read again into the record. "Action taken by 1st Cossack Division. Teletype 1st Cossack Division, dated 31.10, No. 1469/43 secret. The divisional court martial dispatched local court on 29.10. Eight Cossacks shot to death for looting and raping between 25 and 28 of October."
PRESIDING JUDGE BURKE: It is my impression that it had previously been read.
MR. RAPP: That is correct, your Honor.
PRESIDING JUDGE BURKE: Very well.
DR. FOEHSE: I am sorry.
MR. RAPP: Your Honor, the next page, page 43 in your document book, which is page 26 of the German document book, is a letter from the 69th Reserve Corps, at that time commanded by the defendant Dehner, to the XVth Mountain Corps, stationed in Banja Luka, at that time commanded by the defendant Leyser, and it states:
"Reference: 187 Res. Div. Ia/E No. 9852/45 Secret dated 19.
11.1943.
To XV Mountain Corps B a n j a L u k a For information 187 Reserve Division German Railroad Security Staff Croatia Inspector of the Railroad Security Croatia The constantly repeated attacks on the railroad line Zagreb Jasenovac seem to make it desirable to evacuate all villages close to the line and if necessary to destroy them so as these villages cannot be garrisoned with railroad security troops and in particular with the 1st Cossack Division.
The Corps Hq's requests information as to the intentions in this respect since the German Railroad Security Staff Croatia which is subordinate to the Corps Hq's, has been entrusted with the security of this line.
For the Corps Hq's Chief of the General Staff" And then there is an illegible signature.
"Copy, Top Secret." Then something handwritten 25.11.43.
Then if your Honors turn now to page 44, this is nothing but a tactical operational page still part of the same document. You will find this on page 26 of your document book, defense counsel, and now we are turning to page 45. If the Tribunal permits me, I would like to ask defense counsel at this time whether or not they have this particular page. When I checked the document book last, at least in the copy I had, the German copy, this particular page was missing in the German document book.
Dr. Laternser, is that missing? Of course, you wouldn't know if you had no page. It is this particular page.
If your Honors permit, while defense counsel is checking whether or not this page has been furnished to them, we suggest that if defense counsel does not have this copy, we will furnish them a German copy of this particular page.
PRESIDING JUDGE BURKE: You are referring now to page 45 of the document-
MR. RAPP: I am referring now to page 45, your Honor.
PRESIDING JUDGE BURKE: Of document book 14.
MR. RAPP: Of document book 14, NOKW-509, which is Prosecution Exhibit 340.
PRESIDING JUDGE BURKE: Are you prepared, Dr. Laternser, to state whether you have it in your book?
DR. LATERNSER: I haven't found it yet.
PRESIDING JUDGE BURKE: You may pass to the next matter that you have in order, until it has been determined whether they have it or not.
MR. RAPP: Very well, your Honor. Well we will then turn to page 46, your Honor, which is page 27 of defense counsel's document book and this particular document is a copy of a letter of the Plenipotentiary of the Croatian State Government, who was attached with the 69th Reserve Corps, and it is the "Ustasha Colonel P.T.B. Vieskoslav Serveatzy," and his subject is "Draft of labor and hostages in agreement with the author ities and with the Ustashal movement."
Then there is handwritten and it says: "To the Headquarters of the 69th Reserve Corps in the Field."
"Answered by Ia on 4.12.43: Affair had been submitted to the Army so that relief can be had via the German Plenipotentiary General Zagreb."
"The Ustasha district leader of Karlovici has reported to me that entirely unobjectionable Croats had been compulsory drafted among others from the city and its environment for construction work at the Vienac (Fruska Gora). There they were submitted to inhuman treatment. They were insulted, beaten, billeted in penal barracks for almost a month under the worse conditions without compensation and with insufficient rations. They had to work without a rest day. German non-commissioned officers and soldiers, often times drunk, insulted them as "Partisans."
Several of these pitiful creatures had escaped from the Herzegowina province and other threatened territories with their families in order to save their bare lives and to make a living by honest work. The sons of some of them have been fighting in our Ustasha Units for 2 years.
At the occasion of my inspection trip I personally interrogated some mistreated Croats. The above report is supported by 7 written statements.
It is requested that:
1.) The case mentioned above be investigated and the guilty ones called to account."
2.) These unobjectionable Croats be dismissed whose names are submitted as quickly as possible to the commander of the units employed at the construction there by the Ustasha district leader.
3.) All subordinate HQ's receive an order to the effect that the drafting of labor, hostages, or other persons to be interned is to be undertaken exclusively in agreement with the administrative authorities and the Ustasha district and local leaders, in order to avoid similar incidents which upset the entire Croatian population, which are regrettable and impede the absolutely necessary close cooperation of the civilian population.
The commander of the unit employed at the construction at the Vienac (Fruska Mountains) is said to be Lieutenant Colonel Appell, or Apel and his officer is said to be Obersturmabannfuehrer Konrad. The unit is said to have APO number 26967-A.
It is sa.id that the contractor Wolf has instigated the mistreatment of the workers by the German non-commissioned officers and soldiers.
Ready for the Poglavnik and country! H e i l H i t l e r ! Ustasha Colonel P.T.B. Vjek. Servatzy:
Signed signature.
Certified to be a true copy! Corps HQ. dated 6.12.1943 (Illegible signature) Captain.
And then it is certified to be a true copy, Corps Headquarters, 6.12.43, and an illegible signature "Captain."
If Your Honors will now permit I would like that you turn please to page 51. I believe that as to pages 48, 29 and 50 I am advised that a similar situation as previously exists, where through some miracle defense counsel did not receive the German pages of the document.
THE PRESIDENT: While we don't believe in miracles at this time, we are willing it should follow the same ruling.
MR. RAPP: On page 51, this will be NOKW 1137, and this will become Prosecution Exhibit 341 -
Defense Counsel will find this on page 29.
This, Your Honor, is a document which eminates from the 7th SS Mountain Division, the so-called Prinz Eugen Mountain Division, and is dated 1 October 1943. This mountain division, your Honor, shown at that time as part of the 5th SS Mountain Corps, and the 5th SS Mountain Corps was subject and under command of the then Commander of the 2nd Panzer Army, the defendant Rendulic. It is a teletype message, and it is dated 1 October 1943, and it says:
"Railway line Ragusa - Metkovic interrupted.
Own losses: None Enemy losses: 19 partisans shot.
Bootes: 1 75 mm (°) battery with ammunition of this one gun with breechblock, equipment, clothing and medical equipment. Signed SS Division Prinz Eugen, Ib."
"1. In front of the right wing of the division no enemy resistance to-day. Group Peterson has taken up the assembly position as ordered, after eliminating flanking enemy resistance from the West slopes of the Moser Mountains.
2. SS Division "Prinz Eugen" with attached 92nd motorized Infantry Regiment will take Split on 27. September 1943.
Page 2 of this particular document, page 52 of the Document book. "The unit safeguards itself by immediate arrest of hostages. The slightest resistance is to be broken with ruthless terror." And then there is illegible handwriting and handwritten: 6318 Stamp: 4 Oct 1943 - Radio message.
And it says at the bottom:
"In Prozor on 2 September the district superintendent of Prozor as well as his driver were publicly hanged. Connection with bands clearly established ....."If your Honors will turn to page 53 we find a document dated 14 August 1943 and it states:
"with Participation Southeast of Mostar versus band (insurgent) villages Pitkubas and Suzian completed. Both villages, except for houses of reliable inhabitants, destroyed.
This was sent to the Commander of the German armed Forced in Coratia, and information to 373rd Infantry Division. The sender was SS Division Daily Report of 13 August 1943.
This, Your Honors, will conclude Document 1137.
THE PRESIDENT: You may proceed.
MR. RAPP: Very well, Your Honor.
If the Tribunal, please, will you now turn to page 54, page 33 of Defense Counsel's book, and we will now have Prosecution Exhibit 342. This, your Honor, is an affidavit given by the Defendant Leyser, which we are now offering as evidence;
AFFIDAVIT:
I, Ernst Hans-Ulrich von Levser, being duly sworn say and depose:
On 18 November 1889 I was born as the fourth child of the then 1st Lieutenant Hans von Leyser and of his wife Emillie nee von Wurmb in Steglitz-Berlin.
I joined the Cadet Corps in Oranienburg near Diez a.d. Lahn in fall 1900; Easter 1906 I attended the Main Cadet Institute in Gross-Lichterfelde where I graduated as Officer candidate Easter 1906. Subsequently - up to March 1909 - I was in the Selekta (Kriegsschule) (Military Academy) of the main cadet Institute where I graduated as an officer.
On 24.3.1909 I was commissioned Lieutenant in the 5th Guard Infantry Regiment. As such I went to the front as platoon leader in August 1914. Without any serious wound or illness I took part in the entire war at the front with my regiment until September 1918. I was platoon leader, battalion adjutant, company commander, regimental adjutant and battalion commander.
In June 1915 I was promoted 1st Lieutenant and in June 1918 I was promoted to Captain. In September 1918 I became brigade adjutant of 1st Guard Reserve Brigade. In November 1918 I became battalion commander in the 1st Guard Reserve Regiment. In January 1919 I went to the Baltic as Brigade Adjutant. In summer 1919 the German troops had to withdraw from the Baltic. In the other Reichsheer I was then company commander with the 115 Infantry Regiment in Stettin, Prenzlau and Spandau. When the army was reduced to 100,000 men I had to resign toward the end of 1920. Thereupon I transferred to the Prussian Police as Captain and leader of a unit of 100 men. As such I was in Muehlheim (Ruhr) and Essen until 1926. After taking an examination in Eiche near Potsdam I was promoted to Major in April 1927, and was transferred as teacher and trainer to the Police school in Kiel. In the fall of 1932 I went to Bochum-Horne as deputy Unit Commander, later as Deputy Unit Commander to Muenster/Westfalen and Iserlohn. In 1935 I was promoted to Lieutenant Colonel and was attached to the staff of the Police Regiment in Duesseldorf.
At the time of my transfer into the Army I was taken over, in accordance with my own application as Lieutenant Colonel on the staff of the 77th Infantry Regiment. In 1936 I became commander of the Panzer-Jaeger-Battalion 2 in Stettin. I was promoted Colonel in 1937. In 1938 I was Colonel and commander of he Panzer-Jaeger-Truppen XIV at first in Leipzig with Group Headquarters IV and later in Magdeburg with the XIV Infantry Corps.
At the beginning of the Second Wold War in September 1939 I became commander of replacement Infantry Regiment Number 6 in Bielefeld and in October 1939 Commander of Infantry Regiment 169. As such I participated in the French Campaign in 1940. I was promoted Generalmajor (Brigadier General) in February 1941. I was appointed Commander of the 269 Division in March 1941. I led this division in the Russian campaign up to before Leningrad. In October 1942 - as Generalleutnant (Major General) I was charged with leading the XXVI Army Corps at Lake Ladoga. I was appointed in December 1942 General of Infantry as the Commanding General of this corps.
From the end of October 1943 until July 1944 I was a commanding general of the XV Mountain Corps in Croatia and in August 1944 Commanding General of the XXXI Mountain Corps in Albania."
This, your Honor, should be 21st Mountain Group, I believe. "In April 1945 until the Armistice, due to illness, I went to Gastein for the cure. Since, then I have been an American Prisoner of War; in Gastein, Augsburg, Neu-Ulm hospital, Neu-Ulm and Garmisch.
War decorations I have received:
World War I: Iron Cross 1st and 2nd Class.
The Hohenzollern house order with swords.
Austrian War Merit Cross.
World War II: May 1940, Clasp for the Iron Cross 2nd class.
June 1940, Clasp for the Iron Cross 1st class.
September 1941, Knights Cross of the Iron Cross.
March 1943. German Cross in Gold.
Party member from fall 1932 to 1935.
In April 1927 I married Klara Gleisner daughter of the business man Max Gleisner and his wife Anna nee Witt in Hamburg. In January 1928, my son Hans-Polykarp was born in Kiel.
On 28 September 1944 an enemy bomber attack on Magdeburg completely destroyed my residence there. My son was heavily wounded and my wife was killed.
At the present time my son is attending school in Hamburg where he lives with my widowed mother-in-law who has also been totally bombed out.
I have read the statement above, consisting of 3 pages in German language, and I declare that to the best of my knowledge and belief it is the entire truth. I had the opportunity to make changes and corrections in the above statements. I have made this statement voluntarily without any promise of reward and I was neither threatened nor compelled to do so. Nuernberg, Germany, dated 12 March 1947 (Signed) Ernst Leyser If your Honors permit I would like to hand this document up to the Court at this time so that you may readily identify his signature.
THE PRESIDENT: If it is agreeable to the other members of the Tribunal we will discontinue at this place, and you may hand it up in the morning
MR. RAPP: Very well, your Honor.
THE MARSHAL: The Tribunal will recess until 0930 tomorrow morning.
(Thereupon the Court recessed)
Official Transcript of Military Tribunal V, Case VII, in the matter of the United States of America vs. Wilhelm List, et al, defendants, sitting at Nurnberg, Germany, on 1 August 1947, 0930, Justice Wennerstrum, presiding.
THE MARSHAL: Persons in the courtroom will please find their seats.
The Honorable, the Judges of Military Tribunal V.
Military Tribunal V is now in session. God save the United States of America and this Honorable Tribunal.
There will be order in the court.
May it please Your Honors, all defendants are present in the Courtroom.
PRESIDENT WENNERSTRUM: You may proceed, Mr. Rapp.
MR. RAPP: Your Honors will recall that prior to our recess yesterday afternoon, we were discussing Document NOKW 877, which was Prosecution Exhibit 342, which Your Honors will find on Pages 54, 55 and 56 of Document Book 14. German defense counsel, I refer to pages 33 and 34 respectively.
We had already read this document into the record, and I asked the courts permission to hand this document up to the Court for identification of the signature of the defendant Leyser. I now would ask the court's permission to do so.
PRESIDENT WENNERSTRUM: You may hand it up.
MR. RAPP: Your Honors, we will proceed now to NOKW 720, page 57 of the English document book, pages 35 and 36, respectively, of the German document book. This, Your Honors, will become Prosecution Exhibit No. 343.
This document, Your Honors, consists first of a teletype message dated the first of November -- 2nd of November, 1943, and it is a daily report. It is from the 15th Mountain Corps, and it states:
1) "Area Bosnia Krupa:
Passenger Train Bilvac - bos Novi 1.11.915 hours near Blatna hit a mine despite previous reconnaissance of tracks and ridges South of the Una.
Mine was released by train wire which was stretched across the Una. Presumably track will be usable again 2.11 evening. The Engineer Company of the 2nd Croatian Jaeger Brigade also employed in cleaning up work. 5 soldiers, 10 civilians dead, 4 soldiers, 4 civilians wounded, 3 cars completely destroyed.
Reprisal measures:
Houses directly North of the Una into which the wire led burned down.
Houses empty."
Your Honors, turning to the next page, we will find the service record of the defendant, Ernst von Leyser, and various comments, the superior officers of the defendant Leyser made at that time. It starts out with name:
1- Name: von Leyser, Ernst 2- Birthday:
18.11.89 3- Entered on Active Duty:
24.3.09 4- Birthplace:
Prussian (Berlin-Steglits) 5- Rank:
Gen. D. Inf. (Lt. Gen.)
6- Seniority: 1.12.42(8) 7- Religion:
Protestant 8- Married:
23.4.27 9- Sons:
Hans Polykarp, 4.1.28 10- Languages:
None We find then his employment in the German Army from September 1, 1939 on:
"1.9.1939 Commanding Officer, Infantry Replacement Regiment No. 6.
25.10.1939 Commanding Officer, Infantry Regiment 169 15.
3.1941 Commanding Officer, Infantry Division 1.9.1942 OKH Fuehrer Reserve (XI) 1.11.
1942 Acting Commanding officer, XXVI Infantry Corps 1.12.
1942 Commanding General XXVI th Infantry Corps 10.
8.1943 OKH Fuehrer Reserve 10.
10.1943 Commanding General XV Infantry Corps 20.
7.1944 Commanding General XXI Mountain Corps 19.
4.1945 Fuehrer Reserve OKH" His decorations are:
Clasp to the Iron Cross, second class, which he obtained on 17 May, 1940; Clasp to the Iron Cross, First Class, which he obtained on the 18 June 1940, the Knight's Cross which he obtained on 18 September 1941, and the East Medal the 26 July, 1942.
At the bottom you will find various military instruction courses which the defendant attended.
If Your Honors will turn to your next page, you will find comments of his superior offices at that time.
On the 15 of February, 1941, his commanding officer had this to say:
": Elegant appearance, soldier through and through. Brief, decisive and energetic in character, socially adroit, tenacious and efficient, fills his position well. Suitable as divisional commander."
On the 10th August, 1941, the former Field Marshal von Mannstein said this about him: "Fresh active personality. Has proven himself fully before the enemy. Leeds division well, with initiative and energy."
On the 13 August, 1941, former Colonel General Von Reinhard had this to say about his: "He produced exceptional success with his division. By his personal freshness, applicability, energy and not last by his fearlessness, he pulled his excellent unit through immense difficulties to highest achievements. He has showed himself capable as tactical leader of coping with all situations. Definite thoughtful with a pronounced clear conception of what could be achieved and what was practical, he was a support to me which I could firmly count. In the face of other difficult problems also, he did not know any "ifs and buts". He has filled his position as Commander of the division very well. I consider him equally well suited for the command of a Panzer Division or of a motorized Infantry Division since he has that particular freshness and his pliability which is needed, in particular, in commanding mobile troops. As former Panzer Jaeger Officer, he had other wide experience in motorization and tactical measures."
16. August 41 General Hopner: "I agree. General von Leyser led his division very well and had it firmly in hand. He personally sets an excellent example because of his freshness and smartness.": "I agree."
On the 5th April 1942, the following comment was made:
"A Divisional Commander who combines common sense and clear tactical perception with great resoluteness and willingness to accept responsibility. Ruthless employment spurs the unit to maximum achievement. The division was led in an examplary and certain manner at the focal points. F.s.g.a.
Commanding General of an Army Corps."
MR. RAPP: If Your Honors turn to Page 60, then Colonel General Lindemann on the 16th of April 1942 said:
"I thoroughly agree. The division was excellently led in mobile warfare as well as in heavy defensive fighting. Commanding general.
MR. RAPP: On the 25th of April 1942 the former Fieldmarshal von Kuchler said: I agree. In heavy Winter fighting outstanding. Precise and thoughtful in his decisions. Energetic. Hard and able to withstand crisis.
Then, on the 3.8.42, it was said: He has proven himself continuously. Fully suitable as Commanding General.
12.9.42: He has continued to prove himself fully.
1.3.43: Very intent on independence and glad to accept responsibility. He has a particularly clear tactical judgment and a healthy view toward the overall picture. In difficult situations also, he commands energetically and quietly. He puts particular value on the preservation of extreme discipline. Average. Leave in present position.
19.3.43 v. Kuchler: I agree. He has also shown himself in difficult situations as a considerate and energetic leader of troops. It remains to be seen whether he is suitable.
19.8.43 Lindemann: Like 1.3.43 over sensitive. Intent on recognition. Somewhat rude in behaviour. Commanding General.
5.9.43 Kuchler: Well Proven as Commanding General.
"1/3/44 Rendulic" - the defendant Rendulic who at that time commanded the 2nd Panzer Army, of which the Defendant Leyser's corps was a part, said about him; "Distinguished, very temperamental personality. N.S." We believe this to be National Socialist. "Circumspect and energetic leader. His piercing temperament sometimes influences the calmness of decision. Glad to accept responsibility. Somewhat sensitive. The over-sensitiveness mentioned in previous estimates could not be confirmed.
Average. Leave in position." And then the former Field Marshal, and now Defendant von Weichs, who was at that time Commander in Chief Southeast, said, "I agreed." And then, if your Honors turn to the next Page, you will find a schedule of dates on which the Defendant Leyser was promoted through the various ranks as an officer in the German Army. Your Honors, we turn now to page 62. We are still concerned with the same document, and then we find here a teletype message from the 373rd Infantry Division, addressed to Corps Headquarters XVth Mountain Corps, at that time commanded by Defendant Leyser, and under the Daily Report of the 6th of November 1943 it states (that is Page 37 and 38 of the German defense counsel's book): "Area Box/Krupa/Dopp/during special operation to Ivanjska /OT A VE 4/11/Klauf/2 North Blatna 1 man and four women arrested and 12 houses burned down as reprisal measures for railroad dynamiting 1/11 population had fled." Your Honors turn to Page 63, defense counsel's document book, Page 39, we will find again a message to the 15th Mountain Corps, from the 373rd Division, and this time it is dated the 8th of November, and it states:
Area of Lapac:
Operation II /3841 in the Kamesnsko Area 7.11 carried out according to plan. Bands seemingly have withdrawn, only weak enemy near point 1259, who retreated. Barracks, shelters, supplies of hay and straw burned down. Two men and two women arrested as band suspects. Twenty head of cattle and 18 smaller animals captured.
MR. RAPP: This Your Honors, concludes this particular exhibit. And, if you please, well turn now to Page 65 of your Document Book, defense counsel's book Page 46. We have NOKW-733. This, Your Honors, will be prosecution's Exhibit No. 344. This is an order dated the 10th of October 1943 of the 373rd Croatian Legion Division, and this particular division at that time was fighting as part of the 15th Corps, commanded by the Defendant Leyser.
It says:
Subject: Railroad and Road Security.
...........
1.) Any natural growth or any artificial cover offering protection (single houses, walls, fences, etc.) is to be removed from within these closed areas. The population is to be employed for such work.!
2.) The closed areas created in such a manner are to be indicated publicly, immediately (by proclamations and posters) and to be shut off by "closed area" signs.
3.) After this publication any unauthorized person found in any closed area is to be fired on without warning.....
5.) Villages and individual houses within the closed area are to be evacuated unless covered by our own units.
6.) The population of villages situated along the road of traffic is to be employed for rapid transmission of communications regarding band attacks impending or in progress. Lach village will be assigned an area of responsibility. In the fixing of the area of responsibility and in the transmission of communications the Croatian authorities are to be included (Mayor, Croatian Gendarmerie and Police as well as the Secret Field Police, the SD, etc.)
7.) For the purpose of retaliation in cases of railroad and telephone sabotage, each German Headquarters authority, down to the regimental staff, is to install within its area of command a hostage camp. Bandits captured or hostages arrested (if possible members of bands or persons suspected of being enemies of the State) are to be divided according to their origin from the individual districts in such a manner that reprisal measures will directly affect the area in which the sabotage occurred.
Exchange of such persons or their origin from certain districts will be determined by agreement between the different units.
Special attention is called to order 373. (Croatian) Infantry Division, Ic No. 3583/43 Secret dated 29.9.43.".
MR. RAPP: Your Honors, the following statement appearing in the English Document Book before you, on Page 66, is missing in the German translation. If this is agreeable to the Tribunal I shall now hand the original document, as far as it pertains to this paragraph, to the official Court Interpreter and have the translation read into the record to that defense counsel can insert that part into the document book.
(Mr. Rapp referred to the following passage: "Beginning immediately the reprisal measure carried out in retaliation for railroad sabotage or for an attack on supply columns is to be reported in every case.")
THE PRESIDENT: You may handle it in that manner. May I suggest to the Interpreters that they read this paragraph slowly so that defense counsel and others who may be interested may write it into their German Document Books.
MR. SCHARF (English-German Interpreter): (Reading the German)
MR. RAPP: I believe, Your Honor, that some of the defense counsel were not able to keep up. Would it be alright if the Interpreter would repeat this please?
THE PRESIDENT: May I suggest, then, that this portion of the document be read again, indicating where it should be inserted in the German Document Book.
MR. RAPP: It would be on Page 47 of the German Document Book.
THE PRESIDENT: Are the German counsel ready?
DR. FRITSCH: Dr. Fritsch for the Defendant Rendulic speaking. Your Honor, if I may suggest to you, it is not necessary for us to put this into writing because we have it in the record. It is enough for us just to make a note in the document itself.
THE PRESIDENT: All right, if that satisfies the counsel.
MR. RAPP: Your Honors, if you turn to Page 67, please, defense counsel to Page 47, you will then find that this document was signed by order of Fischer, Generalmajor, which is Brigadier General in the American Army. If Your Honors turn now to Page 68 you will find the Service Record of this particular individual, Theodor Fischer, who, at that time, commanded the 373rd Croatian Legion Division. We are introducing this particular document because it was a part of the whole document, and we did not feel that we could rip the document, as such, apart, but I do not believe that it will be necessary to read, at this time, the record of the Former General Fischer into the record because it has no direct bearing on our case at this time. If Your Honors permit, we are now turning to NOKW-1058. You will find this document on Page 70 of your Document Book, and Page 50 of the German defense counsel's Document Book. This will become Prosecution's Exhibit No. 345. This, Your Honors, is again a collection of various teletype messages sent by the 369th Division to the 15th Corps, and giving the situation and strength of enemy units at that time operating in this area. It states under 369th Infantry Division, the date was the 13th of October 1943: "Area Travnik-Zenica --- According to statements of residents bandits assembling near Orahovica (5 West Nemila) Area (8 Southeast Travnik) 200 Bandits."
On the next page, your Honor, page 71, page 50 and 51 respectively of the German document book, we find another message contained in the same TWX and it says:
"Area Rama: According to statements of confidential agents and of gendarmerie 11.10. Two bandits brigades from KUPRES to SOLAKOVA KULA enemy groups area 5/11 kilometers West IVAN SATTEL ..... About 7,000 Italians alleged to be with bandits in area RAMA."
On the next page, your Honors, and this is also in the next of the same page of the German document book, we find still more information from this TWX and it states:
"250 Chetniks occupied JABUKA Gorge during the night of 13.10.. 500 Chetniks 1,5 kilometer North of RENOVICA and 300 Chetniks 1 kilometer North of RENOVICA . . . . . . . .
3) During raid in Zenica 42 persons arrested and turned over to the SD. 1 looter shot to death.
4) Studencica (9 North of Rama) set a fire since on 10.10 and 12.10 our own JagdKommandos had been fired on."
This, Your Honors, completes Document NOKW-1058, prosecution Exhibit 345.
Your Honors, we turn now to NOKW-143 which will be offered as prosecution Exhibit 346. This is a daily report of the LXIX Reserve Special Corps, commanded by the defendant Dehner at that time to the II Panzer Army and it pertains to the arrest of a Croatian Captain who deserted to the partisans.
The 187th Reserve Division reports: "18.10. Arrest of a woman teacher in Kapela (9 Northwest of Bjelovar) as a hostage, whose husband, a Croatian Captain, deserted to the bandits and wanted to cause soldiers of his company to desert."
Your Honors, turn now to page 74, page 53 of the German defense counsels' book, the prosecution submits now NOKW-791 which will become prosecution Exhibit 347. This is an order of the 373rd Croatian Infantry Division which fought within the XVth Corps and pertains to the security for railway communication and highway lines.