The Detachment which formerly was fairly strong has, by its employment in the 7th Division become fairly weak, according to statements of prisoners of 27th September, 800 men, according to the Croatian General Staff of 15th November, 500 men.
They list the Commander:
Again the Political Commissar: and 1c: and he seems to have been a non-commissioned officer who deserted the Luftwaffe and then they list the Commanders of the 3 Battalions:
The strength of the Division has been stated by prisoners to be 5000 (assumedly too high). Newly formed: Cezin Detachment, The 28th Division presumably identical with the former 10th Slavonic Division which was put at the disposal of the Main Staff Croatia as reserve for attacks, the XVII and XXI Slavonic Brigades having a maximum strength of 3000 men) are, according to reliable sources, in the area of Sisak.
The II zone has requested that this division be transferred to the area Turopolje. However, it must be taken into consideration that the division may also be ordered into the area of our own operation or that the 7th Division may try to join the former by withdrawing to the northwest.
Then several paragraphs on Communist Organization:
"The entire area is strictly communistically organized. In every village there is a communist committee, a kind of self administration above which there is, for purposes of appeal, a conmunity-Odbor and a district-Odbor. This district-Odbor takes care of the tasks which are those of the Chief of District in the Croation administration. (From captured documents from the districts Veljun and Vojnic containing detailed regulations concerning Signal service, securing the harvest, vet. Police statistics, agriculture, settlement and raw-materials, etc.)
In addition, there are the military authorities of the area behind the zone of operations (town headquarters together with partisan guards) and a kind of gendarmerie subordinated to the local headquarters of the area.
1) for Kordun in Gorni Budacki
2) for the Banija presumably in Klasnic Every person travelling in the area outside of his place of residence must have a pass issued by a military or civilian communist office.
The relay stations have been replaced by post offices and the main post offices are situated at the headquarters of the regional headquarters. Every post office has a code number and is a control office for the military bands which also have a code number.
List of post offices with their code number (B-Banija, K - Kordun):
Klasnic (26 km.south southwest of Petrinja, code no. B 1 Ravno Rasce (20 km southwest of P. " " B 2 Bacuga code no.
B 3 Rujavac(34 km south of P.) " " B 4 Kepcija (34 km south southeast of P.) " " B 5 Dobretin (48 km south of P.) " " B 6 For Bosnia:
Zarkovac " " B 7
G. Pastusa " " B 8 Mostanica (10km southeast of P.) " " B 9 Klobucak (9 km southeast of P.) " " B 10 Mecencani (20 km southeast of P.) " " B 11
V. Gradusa (7 Km southeast of P.) " " B 12 Krcevo (24 km southeast of P.) " " B 13
G. Hrastovac " " B 14 Meminska (28 km southeast of P.) " " B 15 Utolica (37 km southeast of P.) " " B 16 Slabinja (40 km southeast of P.)for Bosnia " " B 17 Kostresi (33 km southeast of P.) " " B 18 Strmen (34 km southeast of P.)for Moslavina" " B 19 Ivanjski Bek (38 km southeast of P.) for " " B 20 Slavonia And then they list these post offices with their code numbers, the B being Banija, and the K for Kordun, and they give a list starting on this page of 20 of them with the code number preceded by the letter "b" for Banija, and on the next page they list Main Post Offices, if which there are eleven more and again they give their location with their "code" numbers and the numbers 1 to 11, and each of these preceded by "K" for Kordun.
Paragraph IV, "Communist Tactics.":
Except for the attacks of protected villages which the Communists as a rule only risk on purely Croatian headquarters and in which, after careful preparation, they use forces as strong as possible, method of fighting is limited to surprise attacks from ambushes. In the area occupied in a finger like spreading way, an excellent signal service has been established by utilizing the apparently harmless civilian population (women and children). Every enemy march column is observed from certain points of survey (not only patrols, but also so-called village guards, as a rule three to four men) and reported to the next communist unit.
Most of the time, the ambushes are "multiple". An automatic weapon is placed ahead of the march column. On all sides, security and scouts are placed. An intensification of the "multiple" ambush by surprise attacks from several posts forms the so-called "combined" ambush. It is carried out by strong forces and aims at the extermination of the adversary. The posts occupied are chosen so that the march column may be fired on in its whole extent. A signal agreed upon beforehand is the signal to open fire; often for reasons of morale, accompanied by hurrah shouts.
Fire is usually opened by rather weak units from the flank or from the rear. The adversary who is being fired on then instinctively seeks to withdraw from the fire attack in the direction of the march and just then clashes with the most powerful units of the encirclement. A counter-attack toward the opening fire therefore can often free the troop from his grip.
During the combat, whistle signals ordered for the occasion are used, e.g. three long blasts ... to the right; one long blast, three short ones .... the commander of the 3rd Company.
During the attack, the adversary often sends women and children ahead, whom the kind German soldier does not shoot at. At a whistle signal, the women and children throw themselves down as soon as the band has deployed for the attack. In the frequent night attacks, the civilian population has been trained to simulate a stronger enemy by shouting and to take care of the wounded and dead.
At every attack and raid, the bands usually block the roads of approach by their reserves in order to be protected against surprises.
Fire raids from heights on troops held up in road bands by road blocks are frequent. Bands on the march are always well protected (often women or children are sent ahead as scouts). The band withdraw from encirclement at worst by dissolving into small groups. Everywhere one must count on a large amount of ammunition and with numerous automatic weapons originating from Italian booty. When the bandits are definitely inferior, they let themselves be overrun. In these cases also one must count on raids from the rear. Our own troops must assume an entirely different attitude; they do not have to deal with an adversary fighting openly, but with a master in evasion and in insidious and treacherous combat who knows how to utilize in a masterly fashion the terrain that is very difficult to survey almost everywhere."
And then a section with reference to Details, Depots and Dumps:
"Depots and hideouts of bands are to be expected in groups of houses situated near the border of forests, so that the bandits are able to disappear quickly. Food and ammunition depots are often in caches in the ground ( 4 x 4 x 5 meters, lined with boards and carefully camouflaged). Such depots are to be presumed in the vicinity of every communist Local Headquarters (usually therefore also near the post offices). The following Town Headquarters have become known in (and they list them).
A telephone line leads from Brojevici via Trnovac-Klasnic - Zirovac Slunj. presumably on to the IV Corps and to the Main Staff Croatia; in part it is laid underground.
"Area for the 373rd Infantry Division:
"The ordnance shop is in Poderove", and this of course is speaking about the German unit here, "8km south southwest of Vrnograc," and of course the recital about the communists, the details in whose division, and whose section it is. "Footholds of bands in Ljubina (Northwest of Novi), Majdan, Vrpolje (5 km. from the Banija to S. Dobretin (8 km. southwest of Novi) south of height 153. Ferries and boats are weighted down with stones under water during the daytime, the ferryman, Welko ... chauffeur in Dobretin, lives in the house between heights," and then gives the location of the hills from the map coordinates.
Peljska Kosa and the wood Tavenac, 27 km south southwest of Karlovac contain underground potatoes. The wood Kneja, 12 km west southwest of Slunj contains food supplies at the east border.
Zbieg, 8 km southwest of Slunj, (hospital in several houses).
V. Crkvina, 20 km south of Karlovac (arms and ammunition). Underground depot, hospital in the school, Grn. Skrad, 1 km. northeast of Crkvina.
Primislje, depot to be presumed.
At Gorni Budacki, 21 km. south southeast of Karlovac, depot to be presumed, regional headquarters, hospital.
In the forest Debelakosa, 1 km. east from there, barrack containing a hand grenade workshop, a bakery, a butchery, workshops, a carpenter's shop, and an ordnance workshop.
At Burci, Dunjak, Eristinja, depots to be presumed.
Depot weapons at Rijeak, 19 km. south southeast of Karlovac.
Road blocks on the road to Vukmanic, at the fork, 8 km southeast of Karlocac, also at the north border of the Babina Gora, footholds of bands are to be exptected, the same Northwest of Vukmanic, at height 197, according to aerial reconnaissance, presumably enemy positions, also northwest of there at Miljusi.
Numerous road blocks on the road west of the Korana from Barilovic to Perjasice, 22 km south southwest of Karlovac (Doline country).
Area Topusko on the road 1 km southwest of (N.Vrh.) field positions (in the north the bandit villages Perna and Pecka).
West of Topusko field positions. Topusko Toplice, formerly named as headquarters of a staff.
Along the road, Slunj-Vrnograc, according to aerial reconnaissance, presumably positions at Gladno Brdo, 5 km. east of V.Kladusa.
In the Banija allegedly numerous ground caches in the Samarica and presumably in the Prolom forest, 12 km. south of Glina.
The essential area: forest and border of the forest villages in the area Drngotine, Bojna, Zirovac. Favored staff headquarters Brestik (radio station reported there, presumably the station of the 7th Division and Mrnovac.)
At Klasnic, 12 km south southeast of Glina, weapons depot, at Dodosi, 16 kilometers south of Petrinja, sawmill and electricity works.
At Tremusnjak, 16 km. east southeast of Glina, at the end of October, salvage depot for Italian guns.
Area Cossack Division: Band footholds in Levca (Printing shop Krst - 3 km. northwest of Lovca, ordnance shop Komogovina and Brojevici 13 km northwest of Kostajnica, weapons depot and transfer point Svinjica.
The weapons transports from the Main Staff Croatia to Slavonia go from Klasnic via Trmusnjak. The crossing point into Bosnia is near Slabinje, 10 km east of Kostajnica. Meminsko and Crkveni Bok are transfer points (according to the usual statements).
In the villages north of the road Petrinja - Kostajnica, there live scattered Croatians (Severovac), however even the Croatian population cannot be considered reliable. In the Sunja-Dubica-Kostajnica triangle there is a home-defense organization composed of Pravoslavs with an anti-communist attitude. However, the good postal net just in that district aids the communist infection. It must be considered that this home-defense organization is formed under toleration of the communists so that they may be able to sluice their weapons transport all the more undisturbed across the Save through the supposedly pacified country. At present, transports are probably not possible on account of high water."
Then we have a "Insignia rank" -- we have had some evidence about this before, but here is some more.
"At the 7th Division the officers' yellow insignia (1-3 stars with 1-3 stripes, generals 3, staff officers 2, other officers 1 stripe) have already been adopted.
Reports on the subject with regard to the 8th Division are not available."
Then we have a supplement about Ammunition depot, and other sorts of depots.
"Ammunition depot in Veljun 28 km south of Karlovac (headquarters of a district office).
There is a food supply depot in Lovca, 13 miles west of Kostajnica; Northeast of there on the Krst, northwest of Kostajnica, there is allegedly a radio station and printing shop; northwest of Kostajnica there is an ordinance work shop and mine workshop.
The population was forced by the communist party organization to hide away the crops (underground caches). Nearly the entire population is organized by the party: the AFZ takes care of the women, the Skoj of the youth and the "Prioneers" of the children. In 1942, in the region around Zirovac, according to captured documents, the women were grouped and formed garrison companies under the leadership of men. Every village has a committee of women under whom one group works as a so-called combat group (other groups are for cultural work, work, or spy service).
Typed at the end is, XV Mountain Corps Ic On page 45 of the German text and page 44 of the English, is Document NOKW-1425, which is offered as Prosecution Exhibit 369 in evidence.
This is a series of orders and reports concerning units which at this time are subordinate to the XV Mountain Corps, commanded by the defendant Leyser.
This is first a division order from the 373rd Croatian Division, dated 22 December 1943, concerns an operation south of the Save and between Prijedor and Bos. Novi:
The 383 Regiment mops up and combs the area South of the Save between Bos. Novi - Suhaca-Volar - Prijedor. The enemy encountered in this area is to be destroyed. The population capable of bearing arms is to be arrested. Supplies and cattle are to be taken away as far as they are not guarded or they are to be destroyed in order to deprive the bandits of the basis for their provisioning. (Evacuation of the male population capable of bearing arms and of cattle along the read South of the Save to Prijedor.)
Duration of operation, about three days.
It is signed "Aldrian" Major General and Division Commander, and in the distribution list where it says, "383rd Division", that should be "373rd Infantry Regiment". Obviously the division would not give and order to another division except under very unusual circumstances.
The 383rd is an Infantry Regiment which is one of the regiments of the Division.
Then there is a report to the Corps Headquarters, XV Mountain Corps, from a Colonel and Brigade Commander of the 373rd Croatian Infantry Division, and this is dated 25 January, 1944:
"Enclosed the Division submits a combat report of the fourth Croatian Jaeger Brigade concerning the defense of Banja Luka from 31 December 1943 to 2 January, 1944."
And that is for the Division Headquarters, the 1st General Staff Officer, and there is an illegible signature of a Lt. Colonel, General Staff Corps.
The Colonel and Brigade Commander's report, paragraph 4 - this is an enclosure to the earlier report:
"In a house across from the Brigade Headquarters, 4 civilians were shot to death, on suspicion that firing came from that house. It was established later that these people were innocent since the culprit was caught."
The signature is illegible. However, it bears the designation, "Colonel and Brigade Commander".
Then on page 51 of the German, and page 47 of the English, from the first Cossack Division to the 15th Mountain Corps -and this again has to do with the commitment of this Division from the 20 December to the 20 of January, over the year 1943-44:
Cossack Brigade (Caucasus) 2:
E n e m y S i t u a t i o n:
On the basis of confidential reports and of statements by deserters about 6000 to 8000 bandits are present in the area between the Bosni and the Vrbas.
The enemy forces are organized into the XII Slavic Brigade, the V Kosara Brigade and the XIV Krain Brigade. Two Battalion Headquarters in Prnjavar and Stanici are known. The Brigades are alleged to have an average armament consisting of 5 heavy machine guns and 30 to 50 light machine guns in addition to 2 to 5 heavy trench mortars and numerous machine pistols.
In the area West of the Vrbas there are supposed to be about 2,000 men whose task is to seize supplies from that area and bring them to the bandits who are in action.
Then on page 8 of the original, page 48 of the English, it is under "Own Tactical Situation" for the interpreter, the paragraph starts out:
The Brigade with the 5th and 6th Regiment and the subordinated 5th Jaeger Regiment will assemble ready for action in the area, of Bos. Dubovac - Derventa - Kladari by 1 January 1944 for operation "Napfkuchen." The Brigade has the task of combing the mountains South of the Save on an extended front. The main support points of the bandits and partisan villages are to be destroyed and supplies of cattle and food stuffs to be secured. The commitments during the time covered by this report showed consolidation of the Cossacks in combat and in particular in discipline.
Wherever the troops were committed and billeted for an extended period, excesses, looting and rapes have almost ceased and the population cooperate with the Cossacks successfully in combating the bandits. However, operation like operation "Brandfackel" during which entire sections of the country had to be devastated pursuant to orders must have an unfavorable effect on the discipline of the troops toward the civilian population.
During the fighting from 21 Dec. 1943 to 20 January 1944 the Cossack Division suffered the following losses:
killed in action, 31 3 officers, 28 men Wounded 46, 1 officer, 45 men Missing - 51 men Horses killed:
60 Enemy losses:
369 counted dead, 32 prisoners.
More than 600 deserters were "brought in."
We direct the court's attention to the use of the word "deserter".
"More than 150 suspects were arrested. According to prisoners' statements, the enemy has numerous wounded. 4 machine guns, many rifles and 18,000 rounds of ammunition were taken in booty."
It is signed, "v. Pannwitz" who was commander of the First Cossack Division.
Then there is a combat report for the 383rd Croatian Infantry Regiment for an operation called, "Ristov". On page 60 of the German, and 50 of the English - this is, incidentally, dated 5 January, 1944, paragraph numbered 2 starts out:
Mission:
To comb and to mop up the area South of the Save between Bosn. Nov. Suhaca-Velar-Prijedor; to arrest the population capable of bearing arms, to take away supplies and cattle as far as they are not guarded, in order to deprive the bandits of the basis for their provisioning. In addition, it is to enable the repair work on the railroad line of Novi-Prijedor to be continued.
If is signed "Ristow, Major".
Then one from the XV Mountain Corps, Corps Headquarters, to its various subordinate units with reference to periodic reports, with a reference to the earlier communications of Commander German Troops in Croatia, and it says:
The divisions will submit before (reciting time received by Corps Headquarters):
Details:
1.) Daily Report:
B) Form and Contact:
?The daily report should give to the Commanding General a clear picture of the preceding day in a short and brief form.
The following is to noted:
a) the daily report is to express the personal interpretation of the Commanding Officer.
b) Do not give an arbitrary enumeration of dally events but an overall picture citing essential details (including enemy situation.)
c) Differentiate between facts and sumptions.
d) The estimate of the situation and the conclusions to be drawn therefrom must be opposed by own intentions and measures taken. A basic principle: no enemy reports without indications of source and without own tactical intention or countermeasures (reprisal operations).
e) The daily report must be built up on the report of the preceding day. Changes must be emphasized, particularly if they brought about a change in the estimate of the situation.
f) Situations as yet not clarified and unsolved problems are to be reported subsequently in order to avoid queries. The delay or the non-execution of your own intentions is to be reported and reasons are to be given.
g) Reports of acts of sabotage are to include the extent of the damage, the probable duration of the disturbance as well as measures carried out and intended (including reprisal measures). In the event of an interruption of railroad traffic, the daily report or if required, a subsequent report must be included.
And it tells what they have to do.
Under cc): Statement of immediate measures taken, taking into consideration reprisal measures.
2.) Estimate of the situation:
3.) Situation and billet maps:
4.) Orders of battle:
5.) Evaluation Reports:
It has typed at the bottom, "The Commanding General" and it has, "the Chief of the General Staff", and it is signed by "Pfafferott", as Colonel, General Staff Corps, and of course, at this time, the Commanding General of the XV Mountain Corps, is the defendant Leyser.
Distribution is to all subordinate divisions, and the War Diary.
MR. DENNEY: Then, turning to Page 82 in the German, and Page 54 in the English, we have Document No. NOKW-1430, which is offered as Prosecution's Exhibit No. 370. This is a report from the 15th Mountain Corps, dated 21 January 1944, commanded then by the Defendant Leyser, to the 2nd Panzer Army, commanded by the Defendant Rendulic. The "final report concerning the operation Brandfackel":
"Several times contact with enemy with only weak groups of bands in rugged and mountainous terrain. Great differences of level were overcome. Difficulties in command because means of communication were not sufficient. Pronounced symptoms of fatigue and cases (44) (handwritten) of sickness on account of long straining of troops (Kugelblitz, Waldrausch, Napfkuchen)." And then, of course, they're referring there to other operations. "Own losses: 1 dead, 16 wounded, 2 horses dead. Enemy losses: 131 dead, 2 prisoners, 5 deserters." And again they refer to deserters. "Booty: 2 heavy 2 light machine guns, 19 rifles, 1 hunting rifle, 1 radio apparatus, 3 telephones and cable, 43 head of cattle, 4 pigs, 35 sheep, 4 horses." And I would specifically like to direct the Court's attention to this: "1 hospital with 100 beds and 2 small ammunition depots destroyed." It is from the 15th Mountain Corps, again typewriten, And then on the 13th of January, Headquarters the 2nd Panzer Army, cony to the German Plenipotentiary from the same unit, Daily Report for the 13th: "Brandfackel": "Extremely difficult terrain makes attack and liaison very hard. Reports of individual combat groups lacking. In the southern part of the Kozara contact with retreating enemy. 1 bandit hospital destroyed. Day's line of advance aimed at Kozarac - Demitrovac (10 kilometers east of Prijedor and 9 kilometers east of Dubica) reached. 2 enemy dead, 2 heavy machine guns captured. Reconnaissance and reports of inhabitants indicate allegedly strong enemy 13 kilometers south/ southease of Dubica." And then, with reference to the Cossack Division: "Operation of own shock troops south of Gora and northwest Petrinja successful. Enemy advance guards approaching Gora pushed back. In the Area 18 kilometers south of Zagreb a village taken after short skirmish, 100 band suspects arrested." And then for the 27th, again addressed to the Headquarters of the 2nd Panzer Army, the Defendant Rendulic, and a copy here goes to the Headquarters of the 69th Corps, which, at that time, was commanded by the Defendant Dehner.
Again, the communication is from the Corns commanded by the Defendant Leyser. Daily Report of the 27th, "Cossack Division: In attack RR 2, from Jastrebarsko toward the north, medium sized band thrown toward..., retreated to fortified positions, 5 enemy dead. Line southeast of Turopolje again passable since 1100 hours after blasting, during night. 22 hostages hanged. Intentions: Continuation of attack north of Jastrobarsko, advance into area southeast of Lekenik." And the next one to the 2nd Panzer Army, again with the 69th Corps receiving a copy, and from the 15th Mountain Corps, Daily Report of the 28th, "Intentions: Relief in the area SFB and south of it by parts of the 1st Mountain Division, work on the railway line, arrest of hostages on both sides of the line southwest of Bos. Novi. Raid in Banja Luka." And on Page 85 of the German, Page 59 of the English, the last of this series of reports, again to the 2nd Panzer Army, and again a copy by letter to the 69th Reserve Corps, and again being sent by the 15th Mountain Corps. Daily Report of the 29th of January, for the 373rd Division, one of the subordinate units of the 15th Mountain Corps. "Movements of bands in the area Prijedor. The line Prijedor-Nevi was again blown up, the repairs were interrupted by trench mortars. In the area Rudice - Otoka 29 hostages were arrested on both sides of the railway line. In the area Ostrozac skirmish between Huska and Cetnik detachments. The line Sunja - Bihac free, 5 men deserted, probably to the Ustascha." And "gain, it is typed at the end, 15th Mountain Corps, an illegible signature, and what appears to be "Lieutenant Colonel." And then on Page 87 of the German and Page 61 of the English Document No. NOKW-1419. These are various reports from the 2nd Panzer Army to the 15th Mountain Corps. The first one is dated 30 January 1944, and to the 2nd Panzer Army; for information, the Military Commander Southeast, who, at that time, was the deceased Loehr, and his Chief of Staff at that time was Geitner; and the 2nd Panzer Army is still commanded by the Defendant Rendulic. This is from the 15th Mountain Corps Headquarters, commanded by the Defendant Leyser, and the signature is typed.
The message reads: "The search operation in the city area of Banja-Luka ordered for 28 January, without special results due to a premature spreading of information by Croatian authorities. Arrested and transferred to the SD: 32 persons. In addition 5 Domobrans without identification or leave papers." And this is certified as a true cony by Colonel Pfafferott of the General Staff Corps. And the next is a communication dated the 28th of January, from the Deputy for the Reich Fuehrer SS for Croatia, The Police Sector Commander, Banja Luka, and this is directed to the 15th Mountain Corps. And the 15th Mountain Corps was commanded by the Defendant Leyser, and here he is getting a report from an SS Standartenfuehrer. "The search operation in the city area of Banja Lukaordered for 28 January 1944-was concluded at 1300 hours without special incidents. Arrested and transferred to the SD: 20 persons without identification, 12 persons found in apartments not their own. 5 Domobrans without identification or leave papers." And, if your Honors will compare that with the communication dated 2 days later which we have just read here, you will have a Commanding General of a Corps passing on to the Commanding General of an Amy a communication from a Standartenfuehrer in the SS, almost identical except for the fact that he chose to add the 20 and 12 together, getting 32 persons, instead of the figures 20 and 12. The next is dated 12 December 1943, and it is from the Corps Headquarters, 15th Mountain Corps, to the 264th Infantry Division and the 114th Jaeger Division, both units subordinate to this particular Corps. "Enclosed please find a report by Vladimir Jonic, the former representative of the Directorate of the civilian administration in Dalmatia and Commissar of Ustasha Headquarters for your information. For Corps Headquarters, Chief of General Staff (illegible initial)." And then is recited to the 15th Mountain Corps from the German General-Plenipotentiary in Croatia, "By request of the Croatian Minister of the Armed Power, we submit enclosed a report of the directorate of the civilian administration in Dalmatia for information." And that is the forwarding copy that brought this to the attention of the Corps from the German General-Plenipotentiary in Croatia, and on the next page is an excerpt from the report.
THE PRESIDENT: Mr. Denney, we will not be able to complete this portion that you have just referred to, nor the Document Book; and we have only a couple of minutes before adjournment time; so we shall adjourn at this time. This Tribunal will stand adjourned until Monday morning, August 4 at 0930 in the morning.
MR. DENNEY: If your Honor pleases.
THE MARSHAL: The Tribunal will be recessed until 0930 Monday morning.
(The Tribunal recessed at 1630, to resume Monday morning, August 4, 1947, at 0930.)
Official Transcript of the American Military Tribunal in the matter of the United States of America, against Wilhelm List, et al, defendants, sitting at Nurnberg, Germany, on 4 August 1947, 1000-1630, Justice Garter presiding.
THE MARSHAL: Persons in the court room 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.
PRES. WENNERSTRUM: Marshal will you please ascertain if all the defendants are present in the courtroom.
MARSHAL: May it please your Honors, all defendants are present in the courtroom.
The persons in the court room will be seated.
PRESIDENT WENNERSTRUM: Judge Edward F. Carter of this Tribunal will preside at today's session.
PRESIDING JUDGE CARTER: You may proceed.
MR. DENNEY: May it please your Honors, first one or two matters which will be taken up: The Prosecution is sending to Greece for some witnesses and it is expected that they will arrive here late this week and in view of that the Prosecution would appreciate, and I trust the defense counsel will have no objection, if we could have an adjournment over Friday of this week.
DR. LATERNSER: The defense agrees with this proposal.
PRESIDING JUDGE CARTER: You expect, Mr. Denney, to have the documentary evidence in at that time?
MR. DENNEY: Not completely at that time; I think we should finish XV this morning; we ought to finish XVI, XVII, XVIII prior to that time and I believe we may have started on one witness before the end of this week.
PRESIDING JUDGE CARTER: The Tribunal agrees that the adjournment will be permitted.
MR. DENNEY: Thank you, your Honor. Now, in connection with document NOKW 076, which is the third document appearing in Book XIV, which your Honors excluded. For the record the defense counsel need not worry about it; I am not going to talk about it; I am just going to request that it be marked for identification. This was offered on the afternoon session of Thursday, July 31st, and it is my understanding that it has not been marked for identification. We propose to prepare a motion in support of an application for the admission of this document and with that in mind I would request that the document be marked 338a for identification.
PRESIDING JUDGE CARTER: Will you give me the number of the document again.
MR. DENNEY: Yes, your Honor, document NOKN 076. It is the third document appearing in the English Document Book XIV and the German Document Book XIV. It appears at page 6 of the English text and page 5 of the German text and it is requested that this be marked 338a for identification. There seems to be some doubt in the Secretary-General's mind; Major Hatfield, the document is merely being offered for identification, and is not being received and hence it is the number 338a and not "b", because "b" documents are the ones that are received in evidence. If and when it is received it is submitted that the letter be changed, but for the present it is 338a, providing the court is agreable.
PRESIDING JUDGE CARTER: That's agreable.