The male members will come last in marches; the order for their evacuation will be given by the Commissioner of the Reichsfuehrer SS in Croatia.
Those professional or agricultural trade groups of the German Element directly or indirectly working for the German Wehrmacht are to be treated according to instruction contained in letter Headquarters 2nd Panzer Army, Chief Quartermaster dated 8 October 1944. Members of the Home Guard can only be evacuated in agreement with tactical headquarters commands. All evacuated persons are to be directed to march to Esseg, from where their further removal will take place.
While helping the evacuation, contact is always to be maintained with the District Direction of the Racial Germans in Eastern Syrmia, and the Local Leader of the Racial Germans.
Indigenous inhabitants not of German origin, who do not want to submit to enemy rule and want to come along, especially families of members of the Ustascha Militia who are determined to fight on the German side until the end of the war, are to be taken along."
I should just like to direct the Court's attention to that direction, to the use of, "Utascha Militia who are determined to fight on the German side until the end of the war."
Paragraph 6:
"If possible, simultaneously with the removal or departure of the the following is to be salvaged by the Branch inasmuch as it has not been taken along by it.
(a) All the cattle and poultry within the area of the Branch;
(b) All horses within the area of the Branch.
The following orders are in effect for the salvage of cattle and poultry."
It recites two orders for the salvage of cattle and poultry.
Down at the bottom:
"Beyond this, all horses and cattle are to be procured which are offered to the Wehrmacht, especially to the Ration Offices, by the population.
7) In the evaluation and salvage measures mentioned in paragraph 5 and 6," these are the two preceding paragraphs.
"racial Germans and their property will be given priority over inhabitants of the country not of German origin."
I think that we can omit paragraph 8.
Proceeding to the top of page 136 in the English, which is about the top of page 176 in the German, I believe:
"After complete procurement of salvaged goods the entire harvest supplies are to be salbaged within the area of inasfar as they are not required to cover the personal needs of the remaining population until the next harvest, applying rigid standards of need. Preference is to be given in this natter to the sunflower harvest.
Inasmuch as harvest supplies are not directly taken over by Wehrmacht Ration Offices in Syrmia, the sunflower harvest proceeds are to be transported to the Reich, the remaining harvest in compliance with orders given by Headquarters 2nd Panzer Army, Chief Quartermaster, to Zagreb.
After carrying out this measure, the remaining military and economic evacuation goods, including agricultural machinery of the evacuated population, according to evacuation surveys on hand at Evaluation Sub-area-Headquarters, are to be saved and removed to the salvage area allocated to the Army in the Reich. Evaluation goods which are the property of the Croatian Stale or Croatian nationals are to be procured only if this is specially ordered or if they have been abandoned by the fleeing population.
Indigenous help and material are to be utilized most extensively for all salvaging and evacuation, in order not to occupy Wehrmacht forces in every case.
The Branch will encure all necessary measures being taken by the competent tactical headquarters to prevent ruthless plundering, wild looting, and excesses during the salvage operations. Plunderers and unauthorized looters are to be arrested immediately and submitted to court marshal punishment without consideration."
All Italian Military Internees and Prisoners of War located within the area of the Branch are to be brought to the Vinkovci branch for removal into the Reich, inasfar as they are not temporarily required by the troops for urgent military purposes. The area of the Branch is to be cleared ruthlessly of them. In the event of Italian Military Internees and Prisoners from Serbia moving through syrnia the Branch will assist the Commander in Syrnia most extensively.
All requests for transportation space of any kind are to be directed by the applicant within the area of the Branch to the latter."
Then dropping down to (15):
"The Branch will report the first time on 1 November 1944, and every ten days after that, to the Chief quartermaster, Headquarters 2nd Panzer Army:
a) Number of racial Germans and indigenous personnel removed.
b) Evacuation and salvage goods Procured, with breakdown according to type, number and quantity.
c) Salvage goods of all types removed, with breakdown according to type, number and quantity.
The entire contents of this order are intended only for German headquarters, according to distribution list.
For Headquarters Panzer Army The Chief Quartermaster" Then there is a signature, and then the distribution list which follows.
MR. DENNEY: Then next is a teletype which starts on Page 177 of the German, Page 138 of the English, to the German Embassy, dated 18 October 1944: "Departed from Kroelic on 15 October for Zagreb; early return is necessary. Disposition concerning cattle, pigs, and grain urgently required from Food Directorate. So far only 40 empty freight cars for the sunflower shipment have arrived. Supposedly according to instruction from Ganzenmueller, flow of empty freight cars to the Southeastern area has been stopped. Request clarification since reloading has been interrupted by lack of freight cars. New list of reloading stations and quantities, will be forwarded upon completion. For the transportation of racial Germans so far neither complete outfits nor food or sleeping cars have arrived. Increase in cattle transports possible if Croats furnish empty freight cars, crews and escort for Ruma and Vinkovci, 150 men each. Signed Claus." And it is certified to by a signature which is illegible, by a first lieutenant -- rather an Oberfeldintendant, not a first lieutenant. And then there's a teletype which is to the 2nd Panzer Army Quartermaster, dated 1 November 1944 and Defers to an earlier teletype. "The railway shipment from Vrpolje to Vienna for grain contains; 63 tons sunflowers, 29 tons grain and corn," And it is from the Commander in Syrmia, and there is also listed a code number. And then there's a teletype of 31st October to tho 2nd Panzer Army Chief Quartermaster, stating that, "until 30 October 1944 the following were removed." And then animals are listed. "Animals taken in marches from Vinkovci to Brod, 2200 head of cattle, 100 sheep; by rail: from ESSEGG to E.V.M. Vienna: 780 pigs; from Ivankovo and Ilaca to the Reich Office for Grain, Vienna: 510 pigs." And then it gives the various listings of cattle, sheep and pigs and "340 tons sunflower, 40 tons of grain; by tug on the Danube from Vukovar: 43 tons sunflower." And on Page 180 of the German and Page 142 of the English, from Brigadier General Braumueller to the 2nd Panzer Army.
This is for 2 November 1944; "By order of the OKW/Economics Office and instruction by Four-YearsPlan, Agriculture Department, and Agricultural Section will be established with me for uniform orientation of all Agricultural Commanders employed or to be employed in the area to procure and remove agricultural goods. Therefore, request that it should be ascertained immediately, and that I should be notified of, all Agricultural Commanders already employed by Headquarters 2nd Panzer Army, with indication of name, rank, place of employment, and present subordination. Simultaneously request transfer that of Army Economics Office, since it cannot function in its present location and is without contact." That, again, is a teletype, and there is some illegible writing at the bottom. It is signed Braumueller, Brigadier General, which is typed. And then on Page 181 of the German and still on Page 143 of the English. This is a report on the "Official Journey by Oberfeldintendant Kaldrack and Captain Wagner to Brod, Vihkovci, from 4-7 November 1944". Question of transfer shipment for Sarajevo was discussed with the Commander of the 787th Administration Company". And later oh with Major Profit. "Group E was discussed by telephone with the Executive Officer of Army Group E." And then various other installations are discussed and inspections, and transportation of the SS "Handcar" Division. And turning to Page 181 in the German and Page 145 in the English: "To increase the Italian Military Internees employed in transferring by 100 men. To move the two Platoons of the 6th Company of the 118th Supply Battalion, still stationed at Vinkovci, to Brod. Major Profit reported that the available tonage amounts to about 400 tons supply column space for Sarajevo and the retraining 200 tons for transfer shipments from Broad to Bosn. Broad of ammunition, gasoline, and rations."
It's on Page 13 of the original, Page 181 of the German, and Page 145 of the English.
MR. JACOBSOHN (German-English Interpreter): Where did you start?
MR. DENNEY: Starting with Stabsintendant Hopp. "Stabsintendant Hopp has so far received in treks the following evacuation goods: 322 head of cattle and 184 sheep; about 800 head of cattle; by rail once 7 and on 3 November 2 freight cars with pigs." And then, turning over to Page 182 of the German and Page 146 of the English, they refer to a conference with the Quartermaster of the 68th Corps, which at this time was withdrawn. And then on Page 184 of the German, Page 147 of the English, there is discussion about receiving flour supplies promised by the Croatian Government. And down in sub-paragraph "a": Gruppenfuehrer Kammerhofer will be given the Northwestern sector of LXVIII the Corps area with Essegg and Djakovn as his territory to evacuate according to instructions of the LXVIII th Corps. Gruppenfuehrer Kammerhofer will make his police "units available without restrictions in the remaining area of LXVIII the Corps and on his part will have "Wehrmacht units within the evacuation area assigned to him for evacuation measures."
As before, Lt Colonel Kiesow as deputy of the LXVIII th Corps will maintain supreme command over the removal of all salvaged evacuation goods.
Gruppenfuehrer, Kammerhofer, according to the desires of Major Heiden, agreed to give temporary leave to 60 members of the German Element called up for the Home Guard who are at the moment housed for evacuation measures of the LXVIIIth Corps. They are to be employed to salvage goods left by the evacuated racial Germans plundered by indigenous inhabitants of other origin. Gruppenfuehrer Kammerhofer was informed that evacuation was now extended also to the property of the non-Germans in agreement with General Gustovic.
He pointed out that he had been assigned a new mission by the Reichsfuehrer SS, the execution of which he would undertake soon." And over on the top of Page 149 of the English, Page 186 of the German: "Chief Paymaster Langhammer was instructed to place the 10,000 liters Sliwowitz at the disposal of the LXVIIIth Corps as Post Exchange merchandise." It is Page 186 of the German, Page 149 of the English; it is on Page 17 of the original document if that will help you any. And then: "Organization Todt-Oberstabsfuehrer Griessler, with when matters pertaining to the Italian Military Internee-treks were to be discussed, was not there, nor could he be reached by phone." And dropping down to the last paragraph on Page 149 -- that starts with "The Corps Executive Officer stated that, after the inclusion of the non-Germans in the evacuation, demands made by him at Kiesow's Branch were settled for cattle to be slaughtered. It was pointed out to him that the Brandenburg Division was to supply itself mainly from Hungarian stocks. He was informed of the allocation of 10,000 liters Sliwowitz as Post Exchange Merchandise."
PRESIDING JUDGE BURKE: Mr. Denney, at this point we will resume tomorrow morning at half past nine.
THE MARSHAL: The Court will be in recess until 9:30 tomorrow morning.
(The Court adjourned at 1630 to resume session Thursday, 7 August 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 August 7, 1947, 0930--1630, 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.
DR. LATERNSER: Your Honors, because the Tribunal is to rule regarding the motion put by the defense that two of the defendants can go to Washington, I would like to ask the Tribunal to accept a reply to the ruling on the motion. I believe such a reply is necessary, and such a reply is in accordance with the principle that the person who had asked for something is in the position to answer the decision. Your Honors, may I do this now, or may I submit it later to the Court?
THE PRESIDENT: I believe it would be better, Dr. Laternser, if you would prepare it in writing.
DR. LATERNSER: Certainly, I will submit it today.
THE PRESIDENT: Before we proceed further, will the Marshal ascertain and report to the Tribunal whether or not all the defendants are present.
THE MARSHAL: May it please Your Honors, all the defendants are present save the defendant Weichs, who is absent due to illness.
THE PRESIDENT: The Tribunal has received a certificate from the prison physician as to the defendant Weichs, and I am handing it to the Deputy Secretary General. The proceedings will continue in the absence of the defendant Weichs without prejudice to his interest.
Are there any matters you wish to raise at this time before proceeding with the presentation of the documents, Mr. Denney?
MR. DENNEY: With reference to Dr. Laternser's reply, I take it the Court does not expect us to reply to his reply, to our papers of op -1546 A position?
THE PRESIDENT: No, we don't expect it nor would we anticipate it, or want a reply.
DR. LATERNSER: I object to what the Prosecution has just said that it is going to reply to our reply.
THE PRESIDENT: Mr. Denney did not say he was going to reply. He merely inquired of the Court and the Tribunal as to whether or not the Tribunal would expect a statement from the Prosecution, and I advised him we did not, nor would we wish it.
You may proceed with the presentation of the evidence, Mr. Denney.
MR. DENNEY: We were on Exhibit 408, in evidence, your Honors, which is NOKW 655, and we were in the middle of the report which was submitted by one Wagner and Kaldrack, with reference to the over-all plans for the evacuation of Croatia and Serbia. We were at page 187 of the German and page 150 of the English, and it starts with the sentence: "General Gustovic was requested to approve the following requests:" It is about 15 lines up from the bottom of page 150 in the English.
"General Gustovic was requested to approve the following requests:
a) Furnishing of teams for removal of evacuation goods to the railway lines.
b) Furnishing of labor for salvaging and reloading evacuation goods.
c) Extension of evacuation measures to Croatian, Serbian, and Hungarian elements of the population in the evacuation area.
General Gustovic promised to fulfill these requests and stated that he was going to issue appropriate directives to his subordinate headquartersoffices. Likewise he indicated his readiness to inform the Croatian Headquarters about the agreements reached concerning the taking over of evacuation goods by the German Wehrmacht. It was arranged with him that the owners, in place of cash, were to be compensated with certificates of performance in the form of receipts. He requested a sample containing the text in German and Croatian language be forwarded to him.
General Gustovic was requested to see that flour deliveries to the German Wehrmacht promised by the Croatian Government be made by the individual mills.
He agreed to give appropriate directives and showed thereby, as throughout the whole conference, full understanding for the necessity of drawing from the country to ease the supply situation.
It was decided that the civilian population, also outside of the 5 km Zone behind the Main Line of Resistance, should hand over all harvest proceeds which were not required for their own use, to feed the cattle, and as seed for the next crop.
General Gustovic shared the opinion that in taking the tribute the Croatian administration is to show itself in public as far as possible.
District Leader Dr. Flicker stated that the Croatian population would willingly submit to the evacuation measures, but that resistance was to be expected from the Serbian element.
An agreement was reached that, as an incentive to comply with the duty of turning in foodstuffs, rewards would be given during the evacuation in the form of salt and possibly other monopoly goods.
In conclusion it was agreed to compile a record of the conferences, which General Gustovic requested to have forwarded to him.
His activity, on the basis of the results of conferences so far, was once more discussed with Lt Colonel Kiesow. He explained the measures he intended for the immediate future and gave a survey of the results of his work so far. Furthermore he stated he would not call on "Demeter" trains any more until further notice and would expedite for the time being only Croatia trains to ensure first of all the Croatian share of the evacuation proceeds. He was informed that the Corps Executive Officer of the LXVIIIth Corps believed he could be able from his own evacuation measures to satisfy his announced needs for cattle to be slaughtered."
And I don't think we need to read the rest of it. It is mostly administrative detail. It is concluded at page 153.
Turning then to page 154 and 191 of the German, there is a list dated 14 November to the Army Executive Officer Headquarters 2nd Panzer Army. It bears the receipt stamp of the 2nd Panzer Army, "Certified Correct" signed by a "Lieutenant" and typewritten signature by Dr. Richter; and it lists various heads of cattle for periods in March 44 and one entry for November for cattle and sheep with totals given.
And then on page 192 of the German, 155 of the English, 6 November 1944, the operational setup as to the various districts of the evacuation staffs. I don't think we have to cover what is in paragraph 1. It is to be noted that in sub-paragraph "c" that Gruppenfuehrer Kammerhofer at Esseg had one of the evacuation staffs; and then, starting at II, at the bottom of 155 in the English and 192 in the German:
"To be procured are:
"1) In the Combat Zone: Goods not taken along by the evacuees (racial Germans and other components of the population).
In the Rear Area:
Goods not taken along by the evacuated racial Germans.
All products and raw materials (excess goods) which are not required by the population or the forces. Precise detailed instructions will be given for this. In return for property of racial Germans procured a certificate of performance will be given (sample enclosed). The issue of Certificates of Performance for goods procured from members of other components of the people is still being decided on."
And then down under "a" under "III", it speaks of "Procurement":
"In the combat zone teams will be furnished by the population. Empty vehicles will be furnished by the troops and labor will be provided by population and troops.
"b) In the Rear Area: Teams will be provided by the population. Supply column space (in exceptional cases) will be furnished by the troops. Railway transports and labor will be furnished by the population."
And then over on page 193 of the German, 157 of the English, the second paragraph on the page:
"The following authorizations are requested from General Gustovic, which upon receipt will be forwarded immediately to the Evacuation Staffs: for removal of Croatian goods, for employment of indigenous labor, to furnish teams."
And it is signed: "For the Corps Headquarters" by "The Chief of Staff." and then the distribution list on the following page.
And then there is an order starting on page 195 of the German, 158 of the English, 21 November, from the 2nd Panzer Army to the Corps Group Kuebler who was one of the evacuation groups:
"The order referred to does not contain the entire results of the conferences on 5 and 6 November, which decided on further salvage measures to between representatives of the Army on the one hand and the Quartermaster of the 68th Corps together with Lt. Colonel Kiesow, the Quartermaster of the Commander in Syrmia and General Gustovic on the other. In view of the importance of the salvage measures for the German Reich as well as for Croatia, there must be complete clarity at all headquarters employed in the measures about their duty to procure the salvage goods completely and about the manner of carrying out the salvage measures. Therefore, once more the instructions at present in force for salvaging are made known."
And then he repeats the instructions which were contained in the memorandum of Wagner and Kaldrack; and I don't think we need to reread them here; and that takes us over to the conclusion of this particular part of the exhibit: "For the Headquarters of the 2nd Panzer Army, The Chief Quartermaster" initialled, and the various copies which appear on page 163 of the English and 199 of the German.
And on page 200 of the German and 164 of the English starts the first of a long series of reports of the various material that was evacuated. I would just like to direct the Court's attention to the items and the amounts and the dates, page 164; Wheat, barley, oats, rye, corncobs, sunflower, beans, linseed, hemp, vetch, hops, poppies, pigs, cattle, paper, packsaddles, driving belts, artificial fertilizer, malt, accommodation equipment, empty barrels, copper ore, printing presses, oils, alcohol, used buna-rubber, soot, soap, stones, soap powder, and then over on the next page colts and horses, machinery, rations, textiles, wenears, stallions, bucks, tractors and ploughs.
And then there is a note down, handwritten, that: "This does not include 46 trains sent directly from our headquarters at 5 trains a day." and then another handwritten note: "In addition provisioning the troops from the country."
And then, turning to page 201 in the German and 166 in the English is a further communication from headquarters 2nd Panzer Army. Of course, at this time the defendant Rendulic was no longer there. He had left for other parts, but the 2nd Panzer Army was still under the defendant Weichs and this has to do with evacuation measures in Syrmia and again it talks about the changing of the Kiesow Group and the duties of the Kiesow Group being assumed by the Group Kuebler; and paragraph "3", page 202 in the German, 166 in the English, last paragraph in the page:
"Further salvaging measures are to be carried out in accordance with the 2nd order referred to. Group Kuebler will arrange further participation of SS Gruppenfuehrer in salvaging measures."
Next page:
"The branch will give a final report at once on the results of its last 10-day report. Additional 10-day reports, in compliance with the 3rd order referred to, are to be submitted by Group Kuebler to Commander-in-Chief Southeast (High Command Army Group "F" -- that is the defendant von Weichs -- and the various copies, one going to the "Commissioner of the Reichsfuehrer SS in Croatia."
And then, starting on the next page, we have several more pages of what they were evacuating.
I think the pages are self-explanatory and I don't need to read them into the record but the columns generally have: types of goods, quantity and weight, number of freight cars and the shipping ticket number, the date of the departure, place of origin, and who dispatched it; and then, on the first two pages, it is to be noted that everything was dispatched by the 2nd Panzer Army.
Over on page 172 of the English, 205 of the German, the 2nd Panzer Army seems to have done most of it but there is a few entries of dispatches by the Police and these lists continue on over to page 190. I would just like to direct the Court's attention to the items again, the dates and who sent them -- and the amounts.
And on page 226 of the German and 190 of the English, another short report to Headquarters 2nd Panzer Army, Quartermaster Section, and Corps Group this is for 14 December 1945, signed by Kiesow. I don't think there is any necessity to read it.
And then we have several more pages of listed material similar to that which we have seen before and that concludes the document.
Before Mr. Rapp starts -- excuse me a moment -- that concludes Document Book XVI, if your Honors please, and Mr. Rapp will take over the presentation of Document Books XVII and XVIII.
MR. RAPP: Your Honors, we are turning now to Document Book XVII. The first document we submit, NOKW-861, which is submitted as prosecution Exhibit 410 -- I beg your pardon, your Honors -- it is 409; this exhibit is an affidavit from the defendant Wilhelm Speidel who swears, states and deposes:
"I should like to make the following statements regarding my personal history: on 8 July 1895 I was born in Metzingen (Wurttemberg). From 1895 to 1901 childhood in Metzingen ... education in parental home. 1901 to 1903 elementary school in Stuttgart. 1903 to 1913 Humanistic Gymnasium. 1913 in June, Abitur Secondary School (graduation). Chose to become a professional officer. On 25 June 1913 entered the Army as officer candidate (Grenadier Regiment, 123 in Ulm)."This should be 26th of June, your Honors.
The month has been forgotten in the English translation -- "26 of June, 1913."
"As officer candidate I attended military academy in Metz in 1914. In 1914 I was promoted to Lieutenant. 1914 to 1918 I was platoon company commander on the Western Front in the Grenadier Regiment 123. I was promoted to 1st Lieutenant on 22.3.1918. (Decorations: Iron Cross IInd and 1st Class, Knights Cross of the Wurttemberger Military Merit Order, Silver Wound-Badge for being wounded four times).
"In 1919 adjutant of the District Command Schwaebisch-Gmund. 1920 adjutant of a Reichswehr Battalion (Infantry Rgt.26) in Ulm. 1920/21 served with the troops with the 13th Grenadier Rgt. in Ulm and Ludwigsburg. 1921 Adjutant Garrison Hw. Stuttgart. 1921/22 1st course of the "Training of the Assistant Staff Chiefs" in Wehrkreis VII, Munich. In 1922 second course of the "Training of Assistant Staff Chiefs" in Wehrkreis VII, Munich. (Interrupted due to brain concussion and broken skull.) 1923 staff officer with Staff Wehrkreis V, Stuttgart. 1924/25 2nd course "Training of the Assistant Staff Chiefs" in Wehrkreis V, Stuttgart. 1926 service with troops with Infantry Regiment 13 in Stuttgart. Promoted to Captain in 1926. 1926/27 3rd course "Training of the Assistant Staff Chiefs" in the Reichswehr Ministry, Berlin. 1.10.1927 transferred to the General Staff of the Reichswehr Ministry. 1927 to 1933 in the Reichswehr Ministry Organization Department, interrupted by the following service abroad: 1928 detached for 5 months to the "Red Air Fleet" in Russia; 1929/30 for 1 year to the U.S. Army Air Forces "in the U.S.A. Promoted to Major 1.4.33; 1933/1934 transferred to the Reich Air Ministry, Organization Department.
1935/36 commander of a "Combat Group" (Bomber Unit) in Giebelstadt. Promoted to Lieutenant Colonel 1.9.1935. 1.4.1936 chief of the General Staff, Luftkreis Command III, Dresden. Promoted to Colonel 1.10.1937. 1.4.1938 Chief of General Staff, Luftflotten Command 1. 1939 campaign against Poland. Promoted to Generalmajor (Brigadier General) 22.9.1939. (Decorations: bars for the Iron Cross, IInd and 1st Class). 1939/40 Chief of the General Staff, Luftflotten Command 2. 1940 campaign against the Western Countries and England. Promoted to Generalleutnant (Major General) 19.7.1940. From October 1940 to 1942 "Commanding General and Commander of the German Luftwaffe Mission in Rumania" (Several Rumanian and Bulgarian decorations). 1.1.1942 promoted to General der Flieger. May to September 1942 ill with malaria in Germany. 9.10.1942 "Commander South Greece". September 1943 "Military Commander Greece". June to September 1944 without assignment in Germany. 1944/45 "Commander of the Liaison Staff Luftwaffe High Command Southeast." ("Reception Organization". March 1945 to the capitulation: Commander feldjaegerkommando III (special field Police regiment) on the Western Front, Prisoner of war since the capitulation in 1945.
Other remarks: 1. Married 9.10.1940 to Inge von Buelow. 1 son born 25.4.1945. 2. Relationship to the NSDAP (Nazi Party): I was a monitor for ½ year in 1922. I do not know my number. After 9.11.1923 violently against the Party.
I have read the above statement, consisting of 2 pages in the German language and declare that to the best of my knowledge and belief it is the full truth. I have had the opportunity to make changes and corrections in the above statement. I have made this statement voluntarily and without any promise of reward and I was neither threatened nor compelled to do so."
The next document being offered your Honor is NOKW-174. I believe that is erroneously marked in your document book, your Honors, as page 52. Is that correct? I believe it is marked page 52 though actually it is right after the document I just have read into the record No. 174.
PRESIDENT WENNERSTRUM: Document 174 in my book is at page 52.
MR. RAPP: At page 52 then. Very well, your Honors. The next document you have in your book now is NOKW-1735? Is that correct?
PRESIDENT WENNERSTRUM: It is in my book. I do not know whether that is true -
MR. RAPP: In some of the English books, the first two pages of NOKW-1735, you will find on page 48 of one English. I believe you will recognize it there, -- marked 1735.
PRESIDENT WENNERSTRUM: That seems to be correct. Your statement is correct so far as my book is concerned. I am advised that is also correct as to the other members of the Tribunal.
MR. RAPP: Yes.
Now this document, your Honors, we would merely like to have marked for identification as Document 409a. We will not read it into the record, or offer it as an exhibit; it is merely to be marked for identification as Document 409a. That is a rather voluminous document. I believe it goes all the way through to about page 53.
PRESIDENT WENNERSTRUM: And it is not offered as an exhibit?
MR. RAPP: It is not offered as an exhibit, your Honor, it is merely to be marked for identification.
DR. LATERNSER: Your Honors, I do not know what the prosecution intends, if it just submits documents, or introduces them by way of document books, just for purposes of information. We are here in the stage of evidence, and the prosecution has to produce evidence. I do not understand this procedure, because there is no information for the court; rather one has to submit evidence to the court at this stage.
I request from now on just to accept documents, only for evidence and not for information.
MR. RAPP: If your Honor please I don't think Dr. Laternser had his ear phones on when I was addressing the Court, I did not offer this exhibit for information. I merely said that I would like to have this particular document marked for identification only, and I believe your Honors will believe that is all I have said. I did not call the court's attention for any information purposes, for evidence or for any other purposes.
PRESIDENT WENNERSTRUM: Is there any further statement you wish to make?
DR. LATERNSER: No.
PRESIDENT WENNERSTRUM: The record then is that this particular exhibit, No. NOKW-1735, is marked 409a, for identification purposes only, and is not offered as an exhibit, and under such conditions it will not be considered by the court as an exhibit.
MR. RAPP: That is correct, your Honors.
PRESIDENT WENNERSTRUM: Very well. You may proceed.
MR. RAPP: Your Honors, the next document to be offered is NOKW-174, which is being submitted as Prosecution's Exhibit 410 I believe your Honors will find this in the English Document Book on page 52.
Now in reading those documents, I would like to call the Tribunal's attention only to one fact. I would like to ask you to notice the dates of these documents, I am about to read into the record, because they extend into the fall of 1943 and into the winter of 1944.
This document we have before us is a letter to the Army Group F bycourier, enclosure 10, War Diary, for information of 2nd Panzer Army German General Plenipotentiary in Croatia. Daily report of 2 August '43, Serbia, 1st and 2nd SS Panzer Grenadier Regiments:
"21 suspects shot," partly in flight, 1 DM Officer arrested by SS Police Fighter Detachment.--
Do the interpreters have this document? Has it been distributed to you?
INTERPRETER: Could you kindly give us the German Document Book number?
MR. RAPP: He is bringing it right there to you.
INTERPRETER: Thank you.
MR. RAPP: I repeat for the record only:
"21 suspects shot, partly in flight, 1 D.M. Officer arrested by SS Police Fighter Detachment during search operation N.W. of Lajkovac.
. . . . . . . .
Greece.
. . . . . . . .
2.) Shooting of 50 workers threatened on account of arson in the streetcar depot at Collithea, in case the perpetrators do not surrender.
. . . . . . . .
Croatia.
Political situation in the main unchanged. Growing unrest in the Zagreb area. In the city area delivery of communist orders to report for active duty, under the threat that members will be killed in case of disobedience and their possessions destroyed. The population of the neighborhood of Zagreb is forbidden by the bandits to bring provisions into the city under penalty death."
It is certified, to "Wheade, 1st Lieutenant". Signed, "Military Commander Southeast, 1a, No. 17/43, and then it is typed in the signature of the defendant, "von Geitner".
The next order is dated the 2 September 1943, still the same document to the 610th Administrative Sub-area Headquarters, and refers to 50-to-1 execution of "400 Draja Mahailovich reprisal prisoners are to be shot as revenge for the surprise attack on the security detachment of the 21st Auxiliary Police Company in Stragari, in which 3 members of the company were killed and 5 missing who did not return after expiration of the established time period.