That's on page 78 in Document Book IV, page 53 in the English, 49 in the German -that appears at 79 and 80 in Book IV, page 54 in the English 50 in the German. That appears on page 86 of Document Book IV as does the balance of the message which is on page 55 of the English. Message starting for the 9th of October at the bottom of page 55 in the English, 50 in the German, page 93 of Document Book IV is the balance before the omissions on the top of page 56 in the English, still on 50 in the German, the matter which goes before the third paragraph of the communication. The third paragraph of the communication is on page 95 in Document Book IV and the entry which appears on the top of page 51 in the German which is page 42 of the original and 58 of the English: "130 hostages shot as reprisal." That should be deleted as that appeared in the earlier paragraph. That is an entry with reference to the third Battalion of the 697th Infantry Regiment and it appears on page 56 in the English and 50 in the German. There has been a mistake and this has been set forth twice.
On page 59 in the English, 52 in the German, the communication just preceding the signature and certification, in the communication of 11 October 1941 should be "73 shot to death" in the English instead of "70"; and on 56 of the German and 60 of the English, another communication of the 11th of October from the Plenipotentiary Commanding General in Serbia Boehme to the Wehrmacht Commander Southeast List again refers to the speech to the Serbian people against Communism.
On page 53 of the German and 61 of the English, that material appears at pages 89 and 90 of Document Book IV.
Page 54 of the German and 62 of the English, the entry at the bottom has been submitted before as the rest of them. I just call the Court's attention to "3":
"342nd Infantry Division, in addition to 250 arrested by the Division, 100 civilian prisoners shot to death as reprisal measures."
That's under date of October 14.
Page 55 of the German and 63 of the English, communication of the 16th of October -- or the 15th -- received the 16th -- by the Wehrmacht Commander Southeast, beginning with sub-paragraph "3" under "II": "Infantry Regiment No. 125: 230 Hostages shot to death."
And on 54, still of the German, and 64 of the English, another report of the 342nd Division: "635 shot to death, 1043 arrested."
55 of the German, 65 of the English, the report of the 18th of October is at page 104 of Document Book IV, page 56 of the German, 66 of the English, has been put in at page 110 of Document Book IV.
Then going to 57 of the English -- or German -- and 68 of the English, a message of 23 October 41, report concerning the 704th Infantry Division of the Plenipotentiary Commanding General in Serbia; "50 have been shot to death in reprisal for 1 wounded;" and the next reports very similarly have been seen before.
Turning to page 59 in the German and 72 in the English communication of the 11 November, received on the 12th, "129 hostages shot to death as reprisal measures," and in passing, we might note such as page 76 of the English, and 60 of the German, the distribution which is given this in the office of the Wehrmacht Commander Southeast, where it goes to the 1a, 1c and 1d chief of transportation, then the note for the 19th of November, that on, -- page 76 of the English -"Generalmajor Hofmann has taken over command of the 347th Division".
The force of the band outside of Kragujevac, in November, is reported at page 81 of the English, -- I am sorry I do not have the German page, -- that is over several pages, -- a communication to the Wehrmacht Commander Southeast, under 26 of November, it is No. 2737/41 received by 12th Army on the 27th.
Does defense counsel have it in the book?
DR. LATERNSER: The number is 62.
MR. DENNEY: 62, did you say, Dr. Laternser?
DR. LATERSNER: Yes, 62.
MR. DENNEY: Page 62 of the German, recites that a band of 1500 men is reported near Kragujevac, and the balance of the message on the next page, reports "500 prisoners from Rudnik shot to death" and "four communists shot to death after Court Martial", with which your Honors are already familiar.
Then turning to page 88 in the English, this is a message of the 4 December 1941 received by the 12th Army. The 1a number is 2791/41 is on several pages. Do you have the German page, Dr. Laternser?
DR. LATERNSER: Page 64 of the German.
MR. DENNEY: Page 64 of the German, and the bottom of the message on page 88, reports the size of the communist band. In the two areas, supposedly about 1000 communists in area Pecka west of Valjevo. And further down, reports, "11 communists shot to death; 11 suspects rather; 42 Mihailovic followers arrested", and a little lower, "hostages seized".
Then on page 90 of the English, which is a communication of 6 December, the Wehrmacht Commander Southeast, is advised in paragraph 6 that the new staff has taken over the affairs of the Commanding General in Serbia, pursuant to orders, -- and this is submitted, if your Honors please, is the time which General Bader, as will be recalled from the Diary of the 65th Corps, which was placed in evidence in Book 3, on this date, -- he succeeded to the position formerly held by General Boehme. This is the notice to the Armed Forces Commander.
Then on page 94 of the English, communication of 11 December 1941, it has the last message, No. File No. 2821/41. This is a report about enemy band northwest of Valjevo, increased to 1500 men, and above that a band about 300 men strong in held positions. Then another band about 400 men strong.
On page 96 in the English, the next message of 13 December message No. 2973/41:
"Air reconnaissance finds concentration of bands of about 100 men" and "In surrounding villiages a noticeably large number of men."
On page 98, a reference of 23 December, which your Honors will recall, is Message No. 3124/41a, of the Armed Forces Commander Southeast, and of course, at this time the Armed Forces Commander Southeast as of a late date in October, is the defendant, Kuntze, and of course, that applies as Mr. Fenstermacher has said, to the communications from the Plenipotentiary Commanding General in Serbia, which he read, as well as these.
Then on page 102, a message of the 30 December. This is the beginning of a new document. These, again, are now reports from the Armed Forces Commander Southeast to OKW and OKH. This is offered as Prosecution Exhibit 128, in evidence. These, again, are repetitious of the material which has been covered. However, now we are concerned with the last step in the echelon report, the reports coming from the lower units to regiment and division, and division to corps and Plenipotentiary Commanding General in Serbia.
The corps reports from the Plenipotentiary Commanding General in Serbia, going to the Armed Forces Commander Southeast, the receipt of those reports, and now we have the certified copies of the reports which the Armed Forces Commander Southeast, passed on to OKW.
It is to be noted that for information copies of these reports were sent to the OKH, Army General Staff, Operations Section; OKH group in the Near East; and in the Balkans; to the Commander in Chief of the Luftwaffe and the 1c of the Luftwaffe Operational Staff.
The reports of 30 December -- these go backwards, if your Honors please, -- cites the activity of the 113th Division, the part which we use:
"94 communists shot to death;" and "the communist leader of the Mavca group killed in action".
"In Sjenica, 103 communists shot to death". At this period in December, the Armed Forces Commander Southeast is the defendant Kuntze.
Then, on page 103 the second report which is on 27 December 1941, "31 Communists shot to death, 43 arrested".
Your Honors will note as we go along that the reports are addressed to the same officers as were indicated in the first one, OKW, with information copies going to OKH and OKL.
On page 104, the note on the daily report of the 18 December, two Majors of the Mihailovic staff were shot to death according to summary court martial procedure, and the report of the 16 which appears at the bottom of the page, "In Uzice 21 Communists shot to death". It is an entry concerning the 113th Infantry Division.
And the report of the 8 December, 342nd Infantry Division on page 105 reciting:
"During mopping up operations around Cacak, Uzice and Pozega 182 Communists shot to death."
THE PRESIDENT: Mr. Denney.
MR. DENNEY: Yes, Sir?
THE PRESIDENT: Were all these orders made while the Defendant Kuntze was the Commander Southeast?
MR. DENNY: Yes, sir, that is, that order was made by the Defendant List, except for a latter portion in this order when the Defendant Kuntze took over. I believe it's already in, your Honor. And then, there's one reference in Document Book III, however. During November and December, the parts which we are now covering, the Defendant Kuntze was the Armed Forces Commander Southeast.
THE PRESIDENT: I just thought if you mentioned that as you went along, it would be helpful here. We could make a note of it.
MR. DENNY: Thank you, your Honor. I'm sorry, Your Honor. I was under the impression that I had made that statement earlier. Thank you for calling it to my attention. There's a note on Page 143 of the Document Book III, and Page 97 of the German, Exhibit 111 in evidence, which says that on 18 October Lieutenant General of Infantry Kuntze takes over temporarily for General Field Marshal List. If your Honors recall we referred to that yesterday, and it says General Kuntze, well-known in the Division as the Commanding General in the Ardennes area during the fall of 1940; but it's our submission that there's another document, and at the moment I can't put my hand on it, which indicates that the Defendant Kuntze did not actually take over until 27 October 1941. But certainly during the period December and November and for the latter small portion at the end of October, we submit that the Defendant Kuntze was the Armed Forces Commander Southeast. On Page 107, the Defendant Kuntze still in command, a communication of the 30th of November, again to the same addressees, reciting the arrest in Belgrade of 90 Communists and suspect in Bor 16 Communists shot according to Summary CourtMartial procedure. And then a note for Croatia that there was "New band activity north and northeast Banja Luka, north Bosnia, Gradiska and north Bjelovar. During this activity Novi Grad (80 kilometers northeast of Zagreb) attacked by Communists in Russian uniform with the Soviet Star."
And then we have on Page 108 the communication of 26 November being passed on to OKH, "500 Prisoners from Rudnik shot to death by Gendarmerie," the Defendant Kuntze is submitted was still the Armed Forces Commander Southeast in this period. On Page 110 there is a report of 11 November 1941, reciting the entry which has been seen before of "129 Hostages shot as reprisal measure", by the 342nd Infantry Division. And then on 1 November 1941, and the date-line of Serbia, Page 111, still in Document No. 128 in evidence, "In Belgrade 200 hostages will be shot as reprisal measures". And then, turning to Page 112, getting back to 26 October 1941, there is a note about Serbia and below it about Greece. And Your Honors will recall the document which was placed in evidence yesterday, from which all of these reports are compiled, it being the Document No. NOKW-1073, Exhibit No. 111, which reports from the 164th Infantry Division, which is on Page 140 in Document Book III. The reports of the shootings of the male inhabitants of the villages are passed on up, Page 112, "Male inhabitants (67 men) were shot to death. Women and children were resettled." That is the same report as was in Exhibit 111. On Page 113, again a report about Greece on 24 October 1941, and this, if Your Honors please, is at about the time when the change-over took place between List and Kuntze. This recites the villages northeast of Kozani being burned. "Male inhabitants (142 men) were shot to death. Women and children were resettled." On Page 114, Daily Report for the 23rd October, still concerning Greece, with one entry about Serbia, "704th Division 50 Serbs shot to death in reprisal." And in Greece, "During search for arms west of the estuary of the Struma River 5 Greeks shot to death, several houses burned down." And on November 22, on Page 115, the 714th, which is in Serbia, recites the buring of houses by the elements of the 1st Battalion of the 721st Infantry Regiment, which was part of the 714th Infantry Division. Page 116 has a report for the 21st October, "Serbia: 717th Division: Within the divisional area 529 shootings." And then on Page 117 a communication of 9 October 1941 from the Wehrmacht Commander Southeast, who at this time is the Defendant List, to OKW, and the informational copies to OKH and OKL. The incident which Your Honors will recall with reference to the 521st Signal Battalion goes on up to the OKW staff.
"In reprisal for 22 murdered men of the 521st Signal Regiment, 2,000 Communists and Jews are being shot to death." That has to do with the incident which, Your Honors will recall, took place in General Boehme's area, and which the initial documents in Book III, Exhibit 79, which is the report from Boehme to List, on Page 2 in the German and Page 3 in the English, of Document Book III, which is Exhibit 79 in evidence. And then Exhibit 80, which is on Pages 3, 4, and 5 through 8 of the German Book and Pages 4 to 10 of the English Book, Exhibit 80 in evidence, which recites the report of the Lieutenant to his Major, the Commander of the 521st Signal Battalion, and the report from the Major to the 1st Signal Officer for the staff of General Boehme. And then on page 118, indication of the 29th of September, recites a band of 500 men dispersed northwest of Veljevo by the 125th Infantry Regiment. "For attack on 27.9 in Belgrade, 150 Communists shot to death." And then on 27 September, Page 119, recites the burning of houses, 71 of them northwest of Valejavo. On the 20th--this is the report of List to OKH, with reference to his request to OKH that General Boehme be assigned as Plenipotentiary Commanding General in Serbia; and then, Your Honors will recall how that order was worded, and then List appointed him, and here he recites to OKW, "Corps Headquarters XVIII" that was General Boehme's corps, "arrived with small working staff in Belgrade 19.9. General Boehme has taken over command." Of course that is the position of Commanding General and Plenipotentiary General in Serbia. The reports of the 17th and 16th of September have already been called to the Court's attention. Turning then to Page 123, to show that he reported as well concerning Greece, the entry under Arabic "5" for the 8th of September, "During special operations against Franctireurs on Crete, 20 more Greeks shot to death, 41 Greeks and 11 Englishmen captured." And then on Page 124 is the communication of the 8th of September, the first quoted paragraph "2"-that is Serbia, and the second one quoted, which is No. "4", recites "Greeks and Englishmen shot to death, 75 Greeks and 16 Englishmen captured." And then on Page 125 a message of 7 September 1941, "In three villages of the Banat 30 Communists hanged publicly in reprisal for repeated cable sabotage."
Turning over to Page 126, messages again continue about Greeks and English. The communication at the bottom of the page for the 3rd of September, "During special operations again, 20 Greeks and two Englishmen shot to death. 33 Greeks and 11 Englishmen captured." And then for the 2nd, again referring to Greeks and Englishmen, "27 Greeks and 2 Englishmen shot to death. 30 British soldiers and 23 Greeks captured." That was on Page 127. Page 130, the entry under the first paragraph sets forth houses being burned down in Serbia; it is a communication for the 19th of August 1941. And on Page 131, the communication of the 17th of August, "5 Communists convicted of sabotage, hanged in the main street of Belgrade." On Page 132, going from the Armed Forces Commander Southeast, Defendant List, to OKW, entry of the 16th of August, "In addition to the Communists hanged in Skela (see Daily Report dated 15.8. 15 villages shot to death because they omitted to report the presence of the band. 350 houses burned down. The punishment has been publicized by radio, poster and in the press." That has been called to Your Honors attention before.
THE PRESIDENT: I believe this is the proper time to recess.
MR. DENNEY: If Your Honor pleases.
(The Court recessed from 1225, to resume at 0130)
AFTERNOON SESSION (The hearing reconvened at 1330 hours, 22 July 1947.)
THE MARSHAL: The persons in the Courtroom will be seated.
The Tribunal is again in session.
MR. DENNEY: If it pleases your Honors, we were approaching the end of Prosecution's Document Book V and we were on Exhibit 128, which is document NOKW-251 in evidence, and we were considering reports recrived by the Wehrmacht Commander Southeast from the 164th Infantry Division, which your Honors will recall was operating in Greece and had been the case with prior reports here, most of these have been put into evidence before in Document Book III, Exhibit 111, in the form of copies which were taken from the files of the 164th Infantry Division, and these copies are taken from the files of the Armed Forces Commander Southeast, and at the period of the telegram to which I will not make reference, 30 September, 1941, the Defendant List was Armed Forces Commander Southeast. This has been put in before, reports an operation on the 29th of September in area northwest of Negrita. "22 Greeks disposed of, partly while escaping, partly while resisting. Some houses burned down."
The next report on page 144 for the 6th of October recites divisional troops of the 164th making a search for weapons on the 5th of October. Two Greeks executed by a firing squad for unauthorized possession of weapons. Houses in which arms were found were burned down.
And on the 8th at page 145, "search for weapons in the area south of Lake Drojan on 7 October, various weapons and ammunition were found, 11 Greeks shot. 16 houses burned down."
On 17 October 1941, again from 164th Army, your Honors will recall this, the two Greeks shot southeast of Negrita and 12 houses burned down. A small quantity of arms found. "Additional member of the Bolshevist parachute squad which was dropped on 6 October was shot on 17 October while attempting to resist arrest."
And on page 147, the communication of the 8th, the figure of 207 persons shot, the male inhabitants between the ages of 16 and 60 years in the two villages of Ano-Kerzilion and Kato-Kerzilion.
Those are references to that same incident in Exhibit 111 in Book III, page 99 of the German, page 146 of the English.
On Page 148, daily report of the 24th of October, the figure appears as 142 on your Honors' English copy of Document Book III, Exhibit 111 in evidence, U. S. or English copy 149, and page 101 of the German. That figure appears as 42 instead of 142.
THE PRESIDENT: Just a moment, please. We have a little mechanical trouble that has come up.
(There was a short pause.)
THE PRESIDENT: You may proceed.
MR. DENNY: Thank you, your Honors. Referring again to page 148 of English Document Book V, which is - excuse me, your Honor, I passed on over and neglected to mark this section of these reports NOKW-1380as Exhibit 129. That starts at page 92 of the German, for the benefit of German counsel.
THE PRESIDENT: What page on the English, please?
MR. DENNY: It starts at page 143 of the English, your Honor. It is the beginning of these reports of the Wehrmacht Commander Southeast from the 164th Infantry Division, and the first report is the one dated 30 September. That will be 129 in evidence.
Returning to page 148 of Document Book V, Exhibit 129, in the daily report here, the male inhabitants of the villages of Mesevunos and Selli are listed as 142 here. I checked that with the German original of this communication and also with the original of the copy which was presented as part of Exhibit 111 and in the English text at page 149, Document Book III, where there appears the copy which was retained in one of the offices of the 164th Infantry Division, the figure appears as 42. It should be 142, the same as is here. And this is the identical report to the one that was offered before.
On Page 149 of the English, the next page of the German, the recitation with reference to the 25th of October, the male population between 16 and 60, 67 persons shot. Women and children transferred. That also appears at 101 of the German, and 149 of the English, Exhibit 111 in Document Book III.
We now come to the document which is to be inserted, which is NOKW-1056, and these are further reports to the Wehrmacht Commander Southeast from the Commander Saloniki. It is Document NOKW-1056 which we offer as Exhibit 130 and ask that it be given pagination starting with 150a and continuing to 150p, "A" as for Abel and "P" for Peter.
11 copies for defense counsel in German, 1 copy of English and 1 copy of German for the reporters and interpreters, and the German pages, I believe Dr. Laternser, will start out as 98a and continue through 98g. Page 150 we can pass. It is just the heading of this document.
Then page 150b, the message of 29 July, paragraph 4:
"Sonderkommando Rosenberg starts Eisatzaktion against the Jews."
Turning then to 150c. The entry in there, note 4, report of August 11:
"Checking the Greek prefectures for newly employed personnel, in particular, former Greek officers. Installation of a concentration camp together with the Greek Governor for the purpose of receiving elements inimical to the axis."
Then at 150d, the report of 23 September contains a note:
"About 20 hostages siezed."
150e reports for the period of 29 to 30 of September:
"During mopping up action of the mobile column near the place of attack on Wehrmacht trucks, 22 men, some while attempting to escape, some while offering resistance were shot to death and some houses were burned.
150 f the report for 3 October, note 2.
"Near Poligires (Kalkidiki) 5 English prisoners of war and 4 Greeks trying to get to Asia Minor have been seized.
From prisoner of war Air Transport, 27 Englishment broke out. 2 shot to death, 1 heavily wounded. Search operations was started during which weapons were found. 1 Greek shot to death. Houses of owners of arms burned.
In a report of 8 October starting at 150g and continuing over to 150h:
"Operation for search of arms South of Dojran Lake - 11 persons shot to death, 16 houses burned" Starting at 150h and continuing over to 150i, the indent with reference to the two villages of Ano-Korzilion and Kato-Korzilion are set forth and in this report here it says 202 shot to death and that is the number that was actually transmitted by the Commander, although the prior reference is 207; so, some place en route it was changed from 207 to 202.
This same information is on page 147 in this same book, Exhibit 129, and it is also in page 146 in the English and 99 in the German in Exhibit 111, Document Book III.
Then passing to 150j, communication of the 21 October still from the Commander Saloniki-Aegean to the Wehrmacht Commander Southeast:
"Of the Russians who had parachuted on the 6 October, one each was shot on the Struma River on 17 and on 19 of October. Nothing is known as yet regarding the other three escaped parachutists.
Then they go back to the 17 and recite the action again concerning Ano and Kato Korzilion and now the total has risen to 215 men.
In the note of the 20 October, "As preliminary reprisal measure, 10 insurgents hanged in public in Kato-Kastron."
In turning to 150(1) note of 24 October, the figures for the two villages Northeast of Ptolemais, the same figures and same report that appears on page 148, Exhibit 129.
Page 150m, communication 23 of October:
"In Dafni, 2 men shot to death while attempting to hide arms, in Sitochori, 2 men shot to death for belonging to bands and the houses of people concerned burned down.
"Also Zerovohori the houses of 9 confirmed members of bands burned down.
"In Efkapia, a Greek shot to death by Summary Court Martial for having been convicted of belonging to a band.
"Two death sentences each (each for the crime specified) for unauthorized possession of arms and for aiding and abetting members of enemy forces were carried out by shooting to death."
Then the note that 2 Australian prisoners who had escaped from Rest Transfer Camp 183, had been recaptured.
Then 150(o) The report again with reference to the 67 men is the same as appears at page 149 of this document book, Exhibit 129.
In the report for the 8 of November, this time the dependant Kuntze has become one armed forces Commander Southeast:
"During raids in the area of Nigrita, 95 persons who had carried on Communist activities were arrested and sent to a concentration camp. 1 band leader was hanged, two bandits shot to death."
Then we turn to page 152, Document 1033 NOKW which is the last document in this book. This is offered as Exhibit 131 in evidence.
JUDGE CARTER: What number?
MR. DENNEY: I beg your pardon 152, Exhibit 131 NOKW 1033, beginning at page 151, in Prosecution Document Book V and 99 in the German Book.
These are more reports from the Commander of the Salonika Aegean Area to the Armed Forces Commander Southeast and are certified copies. The first report, Paragraph 2 "In the area of Poligires (Kalkidiki) 5 English-prisoners of war and 4 Greeks, who were on their way to Asia-Minor, were captured."
That was just submitted from another source in a prior document.
Turning to page 153: The material contained here is the same as NOKW 1073 which is page 99 in Document Book IV and also Exhibit 129 Page 146 in Document Book V. Page 154. This report is contained in Exhibit 111, Book III, page 99 of the German, page 146 of the English and also in this book Exhibit 129, page 147. Page 156 - this is the same material that was contained Exhibits 111 and 129 and 111 is in Book III, English page 149, German Page 101 and Exhibit 129 it's in this book at English page 148.
Page 157, this report is contained in English Book III as Exhibit 111; English page 149, German page 101. Then there is Exhibit 129 in this book, page 149 of the English.
Then the last document in the book, the communication of 27 December 1941, from the Commander Saloniki - Aegean to the Chief of Staff.
DR. HINDEMITH: Mr. President, I only have one question regarding the numbering of the exhibits. I don't know if there hasn't been a mistake. Document NOKW-1056, which was subsequently submitted, and which was not in the book, has the Exhibit number 130. According to that, in my view, the next Document NOKW-1033 would have to receive number 131. From what the prosecutor has said, I believe that he has given the number 132 to this Exhibit. I would like to ask the Tribunal to clarify whether this is right or whether there has been a mistake.
THE PRESIDENT: According to the records that I have, NOKW-1033is Exhibit 131.
DR. HINDEMITH: I believe the prosecutor mentioned this number, but subsequently the prosecutor corrected himself and gave number 132 to this Exhibit.
THE PRESIDENT: I think you are in error. I think the correct number is 131.
DR. HINDEMITH: I started from this number, but I assumed that the prosecutor had number this Exhibit 132.
MR. DENNEY: Returning to the last report which is contained in prosecution's exhibit 131 in evidence, which is NOKW-1033, it is dated 27 December 1941, from the Commander Saloniki - Aegean to his Chief of Staff, the Wehrmacht Commander Southeast, who at that time was the defendant Kuntze. Paragraph 5 of the communication: "On 27 December 1941 at 8 a.m., 12 communists were shot to death as reprisal for attempts in which explosives were used."
And if your Honors please, that concludes the presentation of Document Book 5, and Mr. Fenstermacher will continue the evidence and the presentation of Document Book 6.
MR. PENSTERMACHER: If your Honors, please, with the introduction of Document Book 6, we now come to the major portion of the case against the defendant Kuntze.
You will recall that from documents previously introduced that Field Marshal List, the Commander-in-Chief of 12th Army and Wehrmacht Commander Southeast from April 6, 1941, throughout the campaign against Greece, became ill some time in October 1941. He was replaced during his illness for a period of one or two weeks by his senior Corps Commander, the defendant Felmy; and on the 27th of October, he was replaced by the defendant Kuntze who assumed all the duties and responsibilities of the Wehrmacht Commander Southeast and the Commanderin-Chief, 12th Army, but who retained, nevertheless, the title "Deputy Wehrmacht Commander Southeast" and "Deputy Commander-in-Chief, 12th Army." Many of the reports which we have introduced in the previous books, you will recall, overlapped from a time standpoint, so that some of the reports for the period of September and October were included in a report which also included the period of time November and December 1941. For those reports and the facts contained therein, we hold the Defendant List responsible for the period during which he was Wehrmacht Commander Southeast and Commander-in-Chief 12th Army; and we hold the defendant Kuntze responsible for the material introduced in the reports after he assumed command of the 12th Army and the position of Wehrmacht Commander Southeast. But with the introduction of Document Book 6, we are concerned only with the period of time after the defendant Kuntze replaced the defendant List.
The first document book -- the first document in Document Book 6 is on page 1 of the German. Document NOKW-879, which is offered as prosecution Exhibit 132. This is a biographical affidavit which the defendant Kuntze signed here in Nuernberg on the 12th of March 1947.
"I, Walter Kuntze, being duly sworn say and depose:
"I was born in Prtizerbe, Province of Brandenburg on 23 February 1883. I am a Protestant.
"From 1911 to 1941 I attended the Kriegsakademie in Berlin. During that time (1913) I was transferred to the 26th Engineer Battalion.
"Participation in the war 1914-1918: With the beginning of the war, I took over the 2nd Field company of the Engineer Battalion Number 26 and I led this company as a Captain (beginning of November) until the end of November 1914.
(East Prussia, fighting in the bend of the Vistula). I was wounded at the end of November. After I was well again, in May 1915, I was attached to the General Staff (Grosses Hauptquartier) being transferred there in approximately July 1915. About the end of May 1917, I was appointed 1st General Staff Officer of the Fourth Cavalry Division (Kurland), and in October 1917 was given the same assignment with the 89th Infantry Division (Rumania). I remained at this assignment until the end of the war.
"Decorations: Iron Cross 2nd Class, Iron Cross 1st Class, the Knights Cross of the House Order of Hohenzollern with Swords, Bulgarian Military Merit Cross, Austro-Hungarian Military Merit Cross 3rd Class with War Insignia, Turkish Iron Crescent, Bavarian Military Merit Order 4th Class, the Hapsburg Hansa Cross, the Wounded Badge (1934 Front Fighter Cross).
"In the spring of 1919 I was transferred to the Reichswehr Ministry (Department Foreign Armies). There I remained until October 1923. Subsequently until October 1925, I became Company Commander in the 3rd Engineer Battalion. During this time -- April 1924 -- I was promoted to Major, effective April 1923. I then was transferred to the Garrison Headquarters in Kuestrin where I remained until May 1928. Subsequently I was appointed commander of the 1st Engineer Battalion which I led until the spring of 1930. In the Spring of 1929 I was promoted to Lieutenant Colonel. From the spring of 1930 until October 1932 I was Chief of the Inspectorate of Engineers and fortifications in Berlin. I was promoted to Colonel in 1930. From October 1932 to May 1935 I was Senior Engineer Officer I, Berlin. I was promoted Generalmajor (Brigadier General) in 1934. In May 1935, I was ordered to deputize for the commander in Muenster (Division Muenster). In the fall of 1935, I was appointed commander of the 6th Division in Bielefeld which I led until February 1938. About August 1936 I was promoted to General-lieutenant (Major General). In February 1938 I was appointed Commander of the Headquarter's Staff, Kaiserslautern, simultaneously being promoted to General of Engineers.
As such, I had to prepare the construction of the Westwall from Mettlach to the Rhine and to execute it, and further, with the beginning of the fall of 1938, to assemble and to train the border troops. For this purpose the Headquarter's Staff, Kaiserslautern was changed into the Corps Headquarters of the border troops of the Saar Palatinate, which was charged in addition with the preparing the defense in its sector.
"Participation in the war 1939 to 1945: Corps Headquarters (since October 1939 Corps Headquarters XXIV) defended the secotr Bliess, "west of Zweibruecken) to the center of the Palatinate forest with three divisions.
"In the beginning of June 1940 the Corps Headquarters XXXXII, which I had organized, was committed with 3 divisions south of Laon on the right wing of the 9th Army, for an attack against the Weygand position.
"After the armistice the Corps Headquarters was subordinated to the 16th Army. The 16th Army ordered it for Coast Guard duty in July 1940 between Ternenzen and Cape Gris Nez, later for training of the divisions (generally three of them) which were resting in the area Charleville - La Capelle - St. Quentin - Rethel - Sedan, and which in addition were employed in agricultural labor. During the period from the beginning of August to the beginning of June 1941 Corps Headquarters was situated in Charleville. In the first half of June 1941 Corps Headquarters was transferred to East Prussia and subordinated to the 9th Army of this Army. Now Corps Headquarters was subordinated to the 16th Army and it became its duty to ring up reserves for this Army approximately by way of Wilna-Dissna.
"During the middle of July and until the middle of October Corps Headquarters was subordinated to the 18th Army and then transferred to the Crimea.
"I myself was ordered to Nikolajew to deputize from four to six weeks for Field Marshal List, who was ill.
At that time Field Marshal List was Wehrmacht Commander Southeast and simultaneously Commander in Chief of the 12th Army. In the beginning of June 1942 I was transferred to the Fuehrer Reserve but remained in my position until the beginning of July until the arrival of Colonel General Loehr, the successor of Field Marshal List. I remained in the Fuehrer Reserve until 15 September 1942. Subsequently, I took over my new duty, supervision of the training of the replacement army (Chief of Matters pertaining to Training in the Replacement Army). This employment lasted until February 1945, being interrupted briefly in the fall of 1944 when I had to reconstruct the Westwall. Then I was again transferred to the Fuehrer Reserve where I remained until the middle of March 1945. From then on until 2 May 1945 I deputized for the Commander in Wehrkreis III, who was ill. The orders issued in the 2nd half of April making me commandant of Berlin did not become effective.
"Decorations: Clasps for the Iron Cross, 1st and 2nd Class, Knight's Cross to the Iron Cross; German Cross in silver; insignia for Training regarding the Protective Wall; the large cross for the Bulgarian Military Merit Cross; Great Order of the Crown of King Zwonimir.
"I am married and have one child.
"I have never been a Party member."
Then, if your Honors, please, follows the jurat. The affidavit is signed by the defendant Walter Kuntze.
Turning next to page 5 of he English and page 3 of the German, this document NOKW-205, which is offered as prosecution Exhibit 133. This document consists of two communications between the Military Commander in Serbia, Administrative Staff with the Commanding Plenipotentiary General in Serbia, General Bader -- General Boeme. The first communication is dated 28 October 1941, receipt stamp of Boehme's 18th Infantry Corps Headquarters, appears on the right-hand portion of the document. Receipt dated 29 October 1941. The subject is captured members of the German Wehrmacht shot to death by Communists bandits.