This is a combat report of the 738th Infantry Regiment to the 718th Infantry Division, dated 3 August 1942. We have omitted to translate the various operational matters which is listed at the beginning of the combat report but begin with the next portion.
"During these combats on 28 July the enemy lost at least 450 to 600 dead and 2-300 bounded.
"The demoralized partisans who hardly defended themselves tried to escape in a completely disordered flight. Bloody losses were inflicted upon them. A great number of them were captured and immediately shot.
"The village on the mountain pasture land was well camouflaged with branches. In the huts, the interior of which had been set up as quarters in the best possible manner by means of plank beds fixed one above the other, the following was found:
"Fresh traces of blood, bandages, two egg-shaped hand grenades, SS ammunition strips, one old rusted revolver, one completely rusted Serbian Very pistol, two bayonet sheaths, one German gas mask box, one wounded horse complete with a saddle and one novel with a Soviet star on the front page.
"On the huts there was written in Serbian 'Long Live Stalin'. Lying around in the neighborhood were bones of animals recently and not so recently slaughtered, goat skins, pocket lamp batteries, and tubes of tooth paste "The huts were set on fire and destroyed, and a considerable amount of ammunition that was in them, was detonated."
"II Battalion reports the destruction of four huts and have handed over as booty to the Regimental Combat Post one sack containing medical (gynecological) instruments."
"Survey: 1. Enemy Losses: Altogether the following losses were determined:
MR. FENSTERMACHER: I will call Your Honors' attention to the totals: 970 dead and 450 wounded; and to the German losses in contrast, a total of 9 dead and 7 wounded. And the report is signed by "Colonel and Commander of the Regiment." Next on page 61 of the English and page 52 of the German is Rosecution's Document No. NOKW-834, which is offered as Prosecution's Exhibit No. 211. This is a collection of activity reports and directives of the Wehrmacht Commander Southeast, for the period from 1 February to 28 February 1942. The Wehrmacht Commander Southeast at this time, of course, was the Defendant Kuntze, and his Chief of Staff was the Defendant Foertsch. I will call Your Honors' attention to the Paragraph under Enclosure 47:
"Situation in Serbia and result of the penal expedition in southeast Croatia:
In a teletype to the Wehrmacht Commander Southeast dated 1.2.42 the Chief of OKW points out that the situation in Serbia according to reports of Wehrmacht Commander Southeast and the result of the penal expeditions do not as yet justify hopes that insurrections on a large scale will not start again in spring. Up to now we have been unable to break the backbone of the insurgents by draconic measures. The most effective means is by the use of an extensive system of informants by brutal measures on the part of the police and the secret police to detect and to burn down the formation of insurgents while still in the initial stage. After the appointment of a senior SS and Police Leader these methods must be employed to the utmost. The Chief of the OKW again points out explicitly that the Wehrmacht Commander Southeast will have to get along with the use of his remaining forces during the coming year also and that it is his duty to apply those methods which will guarantee success."
MR. FENSTERMACHER: Next on page 62 of the English and Page 52 of the German are extracts from the Daily Reports of the Wehrmacht Commander Southeast, for the period 1st to the 15th of February 1942. The portion under "Serbia: In reprisal for German losses in the month of January 449 prisoners shot to death, the shooting of an additional 3434 has been ordered." And under the portion of the report dealing with Greece, "5.2: 3 attacks with explosives on motor vehicles in Saloniki, 20 Greeks shot in reprisal." And then the Activity Report for the period from the 1st of March to the 31st of March 1942:
"Losses during the period from 16.2. -20.3.42: Germans dead: 37, wounded: 67, missing: 45. Croatians: dead: 75? wounded: 205. Bulgarians: dead: - , wounded: 19. Serbian Police: dead: 15? wounded: 13. Insurgents: 1983 (shot to death in combat), 1552 (Reprisal measures) "Enclosure 125:
Directives for treatment of Insurgents in Serbia Teletype to Commanding General and Commander in Serbia:
Wehrmacht Commander Southeast agrees that Insurgents not seized in combat will be transported to Norway for labor employment. Insurgents captured during combat actions are as a matter of principle to be hanged or to be shot to death."
Next under Enclosure 127 for the 24th of March:
The Deputy Wehrmacht Commander KUNTZE - General of the Engineers celebrates on 24.3.42. his 40th anniversary in the service. Time table for the 24.3 and speech by the Chief of the General Staff, Generalmajor (Brigadier General) Foertsch, see file folder Commander in Chief and Chief (OB. - und Chef).
MR. FENSTERMACHER: Signed "For the Wehrmacht Commander Southeast, (12th Army), The Chief of the General Staff."
Continuing on Page 64 of the English and Page 54 of the German, the report dated 30th April 1942, for the period from the 1st of April to the 30th of April 1942. The various headings of the report are set out as Serbia, Croatia, and finally, "Losses during the period from 21.
3 to 5.4.1942." I will call Your Honors' attention to the losses of insurgents, "1262 shot to death in combat, 66 shot to death or hanged in reprisal. Total since 1.9.41: 11,522 shot to death in combat, 21,809 reprisal measures." And then Enclosure 28 a, "Conferences of the Chief of the General Staff of the Wehrmacht Commander Southeast (12th Army) with the Commander in Chief South and Commando supreme in Italy. The Chief, Generalmajor (Brigadier General) Foertsch returned from his flight to Italy on 11.4.42 P.M. The purpose of this duty trip was a conference with the Commander in Chief South regarding the Fuehrer directive: 'Regulation of the Channels of Command on the Coasts' and conference with Italian authorities regarding the return of the Siena Echelon. Result of these discussions see file notes to the Chief Conference on 13.4.42." Next, on page 66 of the English and Page 55 of the German, the notation of the "Chief of Staff Conference in Headquarters Wehrmacht Commander Southeast on 28 and 29.4.42. "The Chief," and here the Chief of Staff Conference is meant, "The Chief Conference took place on 28 and 29.4.42 in Headquarters Wehrmacht Commander Southeast Arsaklo near Saloniki, operations section." And then the participants are listed. Skipping now to Paragraph "c" under "Participants," "From Wehrmacht Commander Southeast:
Chief of General Staff, Brigadier General Foertsch", attended. Turning next to Page 67 of the English and Page 56 of the German, report of the Wehrmacht Commander Southeast, dated 31 May 1942, for the period from the 1st to the 31st of May 1942. There is a notation of a duty trip taken by the Chief of Staff, the Defendant Foertsch. "On 3.5. P.M. Chief leaves for Belgrade for conference with the Deputy Chief of the Operational Staff OKW/WFSt., (Wehrmachtfuehrungsstab), Generalmajor Warlimont". Warlimont, if Your Honors please, was General Jodl's immediate subordinate in the Planning Section of OKW, Berlin.
The same Jodl who was tried by the International Military Tribunal in the Goering Case. Under the section of the report dealing with Croatia: "Dead: German: 6, Croatian: 46, Serbian Auxiliary Police: 3, Wounded: German: 5, Croatians: 45, Missing, Croatians: 80. Insurgents: 321 shot to death in combat, 404 arrested, 82 shot in reprisal." Turning next to Page 68 in the English and Page 58 in the German, the report of the Wehrmacht Commander Southeast, dated 30 June 1942, dealing with the period of time from the 1st to the 30th of June 1942. Under the portion of the report dealing with losses I will call Your Honors' attention to the comparison of the losses suffered by the Germans, the Croatians, and the Serbian State Guard, with those suffered by the insurgents: "1085 shot to death in combat." For the wounded here, Your Honors, the figure should read 79 instead of 19 in your Document Books. "1745 arrested, mass intended for north Norway, 3 shot in reprisal." Turning to Page 69 of the English and Page 58 of the German the report continues for the section on Greece:
"In Athens 2 dynamite attacks on Wehrmacht motor vehicles. One attack on railroad track north of Athens. Culprits and hostages respectively were shot to death. A sharp warning was published.
In Crete several mayors installed by the occupation authorities were murdered. Accomplices and a number of hostages shot to death."
Next under Enclosure 25, dealing with the Attack on airport Iraklion (Crete):
"Air district Crete and Commandant of Fortress Crete reports (tactical time 1305): During the night of 14.6 despite additional security sabotage and air attack on airport Iraklion. 16 planes damaged. Commandant of Fortress Crete has let 50 hostages shot to death."
MR. FENSTERMACHER: Next on Page 70 of the English and Page 59 of the German are the losses for the period 7 to 23 June 1942. And again the tables of losses invite the comparison between those suffered by the Germans and their allies with those suffered by the insurgents:
"Insurgents: 1748 shot to death in combat, 15 wounded, 713 captured or arrested (mass intended for Norway), 275 shot to death in reprisal."
"Total up to now of people shot to death in combat or in reprisal in Serbia and Croatia 37,477." Next, on Page 71 of the English and Page 60 of the German the notation for the 4th of July 1942, "General Field Marshall List: The Fuehrer has appointed General Field Marshall List to command an army group in Russia." Your Honors will recall that Field Marshall List became ill in October, 1941 and was replaced by General Kuntze, who was named as the Field Marshall's deputy, as Wehrmacht Commander Southeast, and Commander in Chief of the 12th Army. Returning now to Page 71 of the English and Page 60 of the German:
"The former Commander in Chief of the 12th Army remembers all soldiers subordinate to him in an order of the day and expresses to them his gratitude and appreciation. Simultaneously the Field Marshall remembers all members of the Army High Command in a staff order.
The General of Engineers Kuntze Deputy Wehrmacht Commander Southeast and Deputy Commander in Chief of the 12th Army was transferred to Fuhrerreserve OKH (peacetime Garrison) effective 3.7.42. General of the Engineers Kuntze will continue as Deputy Wehrmacht Commander and Deputy Commander in Chief of the 12th Army until the arrival of the new Wehrmacht Commander and Deputy Commander in Chief of the 12th Army, General Loehr."
Continuing with the Total situation Serbia/Bosnia:
"Losses of the Insurgents 24.6.-8.7.42; 4963 dead, 150 wounded, 6641 prisoners, 346 shot in reprisal.
Total up to now of people shot to death in combat or in reprisal in Serbia and Croatia 45261."
MR. FENSTERMACHER: Next, on page 72 of the English and page 61 of the German is the entry for the 13th of July, referring to a Chief of Staff Conference.
13.7:
Chief of Staff Conference:
Personal report by Chief (of Staff) on the situation in the area of Wehrmacht Commander Southeast:
Croatia: Operation Westbosnien proceeding according to plan. Insurgent losses 24.6.-8.7.42: 5000 dead, 150 wounded, 6600 prisoners. 350 shot to death in reprisal. Up to now in Serbia and Croatia Insurgents over 45,000 dead! Insurgents are burying arms and taking to flight. Insurgents captured are either being shot to death or transported to Norway. Armed women are participating in the fighting.
MR. FENSTERMACHER: And, if Your Honors please, that is a personal report by the Chief of Staff for the Wehrmacht Commander Southeast, the Defendant Foertsch. Continuing with the entry of 20 July 1942, another Chief of Staff Conference took place on 20 July.
Chief (of Staff): Farewell Lieutenant Colonel GSC Macher who was hitherto Ia.
Reception of the new Ia Schipp von Branitz, Colonel GSC who took over the functions of Ia and head of the operational section on 20. 7. 42.
Lieutenant Colonel GSC Macher transferred to OKH Fuehrerreserve effective 15.7.42 Schipp von Branitz transferred from OKH Fuehrerreserve to 12th Army effective 15.
7 Subject of Chief of Staff Conference:
Croatia: Operation Kozara-Prosara concluded with great success. 7947 prisoners of which 1590 were transported to Germany, 2774 to Norway, 3000 children and women.
MR. FENSTERMACHER: Continuing on page 73 of the English and page 62 of the German is reference to the Visit by Deputy Chief of the WFST.
Generalleutnant Warlimont (Major General) (Wehrmachtfuehrungsstab) On 24.
7 the Deputy Chief WFST Generalleutnant Warlimont paid a visit to Wehrmacht Commander Southeast in Saloniki/Arsakli.
MR. FENSTERMACHER: The next report, dated 28 July 1942, is on the situation in the area of Wehrmacht Commander Southeast up to and including 24.7.1942:
Mr. Fenstermacher: Again they report the losses in the total area, "Insurgents: 1620 dead, 273 wounded, 8849 captured or arrested, 431 shot in reprisal." Page 74 of the English and page 63 of the German, the Activity Report of Section Ia, of the Wehrmacht Commander Southeast, for the period from the 1st to the 31st of August 1942, "On 8.8 arrival of the new Wehrmacht Commander Southeast General Loehr. Orders for the reception will be issued. General of Engineers Kuntze will leave Sedes on 9.8." Next, on page 75 of the English and page 63 of the German is the entry for the 8th of August 1942, 8.8:Commander in Chief:
1230 hours landing of General Loehr the new Wehrmacht Commander Southeast also charged with the command of the 12th Army. 1700 hours transfer of duties of General of the Engineers Kuntze to General Loehr. 1800 hours farewell of General of Engineers Kuntze from the Staff and troops of the 12th Army before the Headquarters building in Arsakli. 1820 hours introduction General Loehr addresses the Staff and the troops. 1840 hours inaugural conference of General Loehr with the Department Chief.
9.8:
0900 hours departure of General of Engineers Kuntze and farewell at the airport.
MR. FENSTERMACHER: Your Honors will recall from the Prosecution's Opening Statement that General Loehr was the Wehrmacht Commander Southeast for the period from 9 August 1942, when he replaced the Defendant Kuntze, until August, 1943.
It was General Loehr who was executed as a war criminal several months ago by the Yugoslavian Government. General Foertsch stays on as Chief of Staff to General Loehr, the new Commander in Chief of the 12th Army and Wehrmacht Commander Southeast. Continuing on page 75 of the English and page 63 of the German, the "Report on the situation in the area of the Wehrmacht Commander Southeast up to an including 9.8.42". Paragraph III of that report,
III. Losses in the total area 24.7. - 3.8.42 Own:
German dead 24, wounded 32, missing 5 Croatian:
dead 80, wounded 137, missing 136, Serbian State Guard:
dead 2, missing 3 Insurgents:
2268 dead, 152 wounded, 4817 additionally captured of arrested, 677 among them 3 Englishmen shot to death in reprisal.
MR. FENSTERMACHER: Next, the entry for the 14th of August, Commander in Chief:
By He 111 starting from Sedes 0720 hours.
Accompanied by: Ia fon Schipp, Colonel GSC, IIa Colonel L'Estocque and O.O. Major von Schenk. Landing airport Tatoi. In Athens conference with report: Air District Headquarters Southeast, Lieutenant General (Air Force) Mayer, Commander Southern Greece, Lieutenant General (Air Force) Felmy Admiral Aegean Vice-Admiral Foerste. Visit with Italian Army General Geloso, with German Ambassador Altenburg and Italian Ambassador Ghigi 1220 hours to 1400 hours. Conference and report Lieutenant General (Air Force) Felmy and his experts. At the same time personal report by Colonel Krause, Commanding officer of the Army Coast Artillery. 1814 hours start and return flight to Sedes. Landing there 1915 hours. File notes pertaining to this visit of General Loehr in Athens see Enclosure 20.
MR. FENSTERMACHER: Next, on page 77 in the English and page 65 in the German, Enclosure 38 to this report of the Wehrmacht Commander Southeast to OKH in Berlin this time referring to the Reorganization of the Channels of Command Southern Greece.
General Loehr suggests to the OKW W. F. St. the following reorganization in the Channels of Command in South Greece:
1) Staff Commander Southern Greece retains its present form as a Wehrmacht Office.
2) As before the direction of t he supply for Army, Luftwaffe and Navy by seaways remains as before the task of Wehrmacht Commander Southern Greece in accordance with the directive of Wehrmacht Commander Southeast.
3) After withdrawal of Air District Headquarters Southeast an Air District Staff for special employment for the total area of the Wehrmacht Commander Southeast including Crete is to be subordinated to Wehrmacht Commander Southeast.
4) Commandant Fortress Crete will be subordinated directly to Wehrmacht Commander Southeast. The supply for Crete will be regulated as before by Commander South Greece in accordance with the directives of Wehrmacht Commander Southeast and in detail according to the requisitions of Commandant Crete.
MR. FENSTERMACHER: Finally, on page 78 of the English and page 65 of the German, Enclosure 40, dated 28 August 1942, Situation in the area of the 2nd Italian Army.
The Chief of General Staff General Foertsch reports to OKW, WFST and to the OKH on the situation in the area of the 2nd Italian Army during the period from 10 - 20.8.42
MR. FENSTERMACHER: This is signed "For the Wehrmacht Commander Southeast (12th Army), The Chief of the General Staff." I would like to call Your Honors' attention to the size of this document from which we have just been reading excerpts. The portion from which we have been reading takes only from page 61 to page 78 in Your Honors' Document Books, and the size of the document which has been furnished for the Defense is this large (indicating by holding up book). Turning next to page 79 of the English and page 66 of the German Document Book is No. NOKW-977, which is offered as Prosecution's Exhibit No. 212.
This document consists of situation reports of various subordinate units, to the 717th Infantry Division. "The 717 Infantry Division was subordinated to: from 1 Jan. 42 to 2 March 42 to the LXV Corps Command for special use from 3 March 42 to 31 Dec. 42 to the Commanding General and Commander in Chief in Serbia". Turning first to t he Daily Report of the 19th of March 1942, "500 Jews after having been deloused were transported from Mitrovica to Semlin." Next, there follows a table for the 737th Infantry Regiment, listing the Day, Place of Commitment, Unit, and Purpose of Operation, performed by the Regiments. I will call Your Honors' attention to the activity of the Regiment on the 17th of March, when it was committed at Kragulevac, and the subordinate unit of the Regiment which was involved was the 11th Company, and its purpose of operation was a "Reprisal measure, 121 shot to death." Continuing with the report of the 737th Infantry Regiment on page 80 of the English and page 66 of the German, the prescribed form was not used in order to economize on paper, as neither we nor the enemy suffered any losses throughout the operations. Only in the reprisal measures carried out by the 3rd Battalion 737th Infantry Regiment in Kragujevac during the time from 24 February to 7 March eighty prisoners and within the period from 17 March to 23 March one hundred seventy one prisoners were shot to death.
MR. FENSTERMACHER: And then, there is a handwritten note.
24 Feb. to 23 March 201 prisoners shot to death.
(Signature) Saldern (?)
I think we may skip now to page 82 of the English, page 67 of the German, the daily report of the 749th Infantry Regiment for the 6th of May 1942, "45 Communists were moved from Cacak to Germany (work camp)."
Next the report of the 717th Infantry Division dated 11 May 1942, subject: Combating of Insurgents in Southern Serbia, under paragraph 5, task: "Insurgents are to be annihilated when found. Leniency towards these elements is not in order."
Next at the bottom of page 82 of the English, 68 of the German, the daily report for the 24th of May 1942, "In order to prevent further acts of sabotage and raids 100 hostages shall be arrested from Section West, 50 hostages from Section Middle. At the suggestion of Mayor Uzice." Beg your pardon, that should continue as all one sentence.
Next on page 83 of t he English and 68 of the German is an enclosure to the activity report of the 717th Infantry Division dated 15th of August 1942, with its subject "Enemy Situation." Report for the period from the 1st to the 15th of August, 1942. Under Enemy Situation, Section South:
A larger operation of the 749th Infantry Regiment from Biljanovac (12 kilometers north of Raska) and Rudnica (8 kilometers southeast of Raska.) towards the east against the Kopaonik (Bloca) went on without contact with the enemy. The Bulgarian troops guarding the frontier to the West captured 10 men carrying arms. The men were shot by Bulgarians after having been interrogated. Among them were 3 Englishmen, one of whom is supposed to have been an officer. It is assumed that they were not parachutists but escaped prisoners of war.
The bad stake of their clothes seems to confirm this.
Next on page 84 of the English - well, if Your Honors please, I think we may skip these intervening pages and continue on page 87 of the English and 70 of the German with the daily report of the 7th of October, 1942.
"Units of the 3rd Battalion, 737th Regiment search Mihajlevci (26 kilometers southeast of Ruma). Fortified positions found in a house, 1 case of bandages captured, house burned down, 4 partisans shot in flight, inhabitants of house arrested."
Next is the report of the 22nd of October, 1942: "The 1st Company of the 737th Infantry Regiment Captures 18 partisans in Mihaljevci (22 kilometers southeast of Ruma). On the way back they are fired on by 40 partisans at point 78 (1 kilometer south of Prhovo - 20 kilometers southeast of Ruma). 5 enemy dead, 18 prisoners shot to death; own losses; 3 wounded."
Next on page 89 of the English and 71 of the German is a fuller account by the 717th Infantry Division on the reprisal measures against the town which has been referred to here on two occasions earlier as Mihaljevci an d Prhovo.
On 23 Oct. 42 the reprisal measure against Mihaljevci is to be carried out.
For this purpose 2 Companies transported on trucks equipped with heavy weapons and 4 armored cars will be employed.
Measures to be carried out:
1) The place to be encircled; the population to be assembled and interrogated concerning the whereabouts of those killed and the truck of the 717th Communications Company. Men from 16 years of age and over and single women are to be taken along for deportation. Cattle and other means of maintenance are to be carried away on vehicles belonging to the village. Mihaljevci is to be burned down.
2) Secondary operation against Prhovo; it is possible that the Communists who made the raid on 21 Oct. come from there. The population to be interrogated and 30 hostages to be arrested.
In both villages the reasons for the reprisal measure are to be made known and these reasons are also to be made known to the population of neighboring communities as a threat that the measures will be carried out again if similar incidents should reoccur.
3) The operation is to begin shortly before daybreak, so that the villages will be reached early in the morning, In approaching watch out for bell and other signals.
The order is signed: by Dr. Hinghofer, the Commander of the 717th Infantry Division Turning next to page 93 of the English, page 72 of the German, the entry for the 14th of November, 1942, concerning the reports of the 717th Infantry Division:
The 1st Company of the 737th Regiment arrests 14 suspects in Dob rinci (10 kilometers southeast of Ruma), 1 armed Communist, found hiding shot to death (the corpse was hanged up in public as a warning) 2 houses (Communist courier and leader of youth) burned down.
On the night of 12 Nov. a railroad security patrol composed of Volksdeutsche arrested an English officer who jumped out of a moving train near Babinci (8 kilometers southeast of Sid); given over to S.D.
Turning next to page 95 of the English, page 73 of the German, the daily report of the Division for the 18th of November, 1942, "Combat Troop, 1st Battalion, 737th Regiment contact with the enemy north of Popinci (17 kilometers southeast of Ruma); 2 Communists killed, 13 prisoners shot to death."
Turning next to page 97 of the English and 74 of the German, it is Document NOKW01443 which is offered as Prosecution Exhibit 213; with the introduction of this document and the two succeeding documents, we turn our attention to Greece for the period during which the defendant Kuntze was Commander-in-Chief of the 12th Army and simultaneously Wehrmacht Commander Southeast and the defendant Foertsch was his Chief of Staff, first is a report of the Commander Saloniki Aegean dated 3 November 1941 to the Armed Forces Commander Southeast. I ask Your Honors to note particularly the change which takes place during the period of time covered by this and the two succeeding documents.
This is 3 November 1941. The documents which will follow are of January 1942 and February 1942. The subject of the Commander Saloniki Aegean's report is the political situation, compared to preceding months, has become more acute. Especially around the middle of the month incidents of various types increased: an attack on a Wehrmacht vehicle on the road Saloniki-Serres, to which 2 members of the Navy fell victim; several cables destroyed; one serious act of sabotage at a railway workshop; local resistance to Greek gendarmes; and others. By energetic employment of fast patrols by the troops the centers of unrest were wiped out at the start. During this extreme severity was applied to achieve deterring effects. Of the total of 488 shootings carried out so far, 442 took place during the month covered in the report. 10 persons were hanged.
In addition 4 death sentences by courts martial were carried out. 3 villages were burned down, because they served as support to insurgents. In the course of the burning ammunition, and even in some Cases, explosives blew up in many houses. Of the 164 inmates of the Concentration Camp, 68 were sent there during the month reported on. The energetic treatment had its effect; at the end of the month an apparent easing of the situation is noted.
In order to strike at members of the bands personally who fled to the mountains, a proclamation was made to the population, asking everybody who has left his village to return within 10 days; the property of inhabitants who have not returned to their homes will be burned.
It is signed on page 99 of the English and page 75 of the German by von Krenzki, the Commander Saloniki Aegean.
Turning next to page 100 of the English and 76 of the German, Document NOKW-1392, it is offered as Prosecution Exhibit 214. This is another report of the Commander Saloniki Aegean to the Wehrmacht Commander Southeast, this time dated 6 January 1942 and being a monthly administration report for the month of December, 1941.
The political situation remained outwardly calm. A certain inner tension, resulting from the military set-backs in Russia and Africa and from the food situation, which is deteriorating, should not be overlooked. Several small attempts by means of explosives on the railway line and against the house of the leader of the former E.E.E. (National Socialist Party of Greece) are to be considered as individual acts. However, in order to show from the very beginning that if necessary the same severity would be used against disturbers of the quiet as was necessary in October, 12 Communists taken from a. concentration camp were shot dead, according to martial law, in retaliation.
Communist propaganda has increased. It appears that they have succeeded in harnessing even intellectual circles for subversive Communist activities. According to the figures on 29 December, 1941, 370 arrestees were kept in concentration camps.
Signed the Commander Saloniki/Aegean, Major General von Krenzki.
Finally, on page 102 of the English, 77 of the German, Document NOKW-1398, which is offered as Prosecution Exhibit 215, this again is an activity report of the Commander Saloniki Aegean dated February 1942.
This, if your Honors please, completes the presentation in Document Book VIII.
THE PRESIDENT: At this point, we will discontinue, to resume at half-past one.
(The Tribunal recessed to 1330 hours.)
AFTERNOON SESSION (The hearing reconvened at 1330 hours.)
THE MARSHAL: The persons in the courtroom will be seated.
The Tribunal is again in session.
JUDGE BURKE: You may proceed, Mr. Denney.
MR. DENNEY: Thank you. In view of the ruling of the Tribunal this morning with reference to Exhibits 4a for identification and 100a for identification, at this time I should like to give the Secretary General the exhibit which is Exhibit No. 071-PS and ask that it be marked Exhibit 4b in evidence. If Your Honors will recall, we have been using the letter "a" for identification purposes.
JUDGE BURKE: It will be admitted.
MR. DENNEY: And with Your Honors' permission I should like to refer to that portion of the exhibit which has to do with the defendant List. It is a letter of 23 April 1941 and it is directed to Reich Director (Reichsleiter) Bormann, at present at the Fuehrer's headquarters. It starts out, "Dear Party Member Bormann--" and I think we may turn to page 9 of the English which is the second numbered paragraph of the letter.
JUDGE BURKE: Is this Exhibit 4 to which you are referring?
MR. DENNEY: Yes, sir, Exhibit 4b in evidence. The interpreters and stenographers do not have the book. I would request them that they bring all copies of the books to courts because from time to time this situation is going to arise again and obviously it is impossible to read excerpts if they have no copies and it is submitted that an out of hand translation is not what the record wants, particularly in these exhibits to which objections have been made and they are admitted.
JUDGE BURKE: You wish a suggestion from the Tribunal.
MR. DENNEY: Yes, sir.
JUDGE BURKE: Very well, we can see that the suggestion is a good one.
MR. DENNEY: Thank you, Your Honor.
INTERPRETER: What book?
MR. DENNEY: Document Book 1.
JUDGE BURKE: Is your thought that they be procured now?
MR. DENNEY: I think we might pass it at the time.
JUDGE BURKE: Yes, and go to some current matter.
MR. DENNEY: I can come back to it at a later time when the books are available.
Turning now to Document Book 9, the prosecution offers as Exhibit 216 in evidence Document NOKW-858, which appears on page 1 of the English and German text. This is an affidavit executed on 12 March 1947 by the defendant Curt Ritter von Geitner.
JUDGE BURKE: Is this Exhibit No. 216?
MR. DENNEY: No. 216, if Your Honor pleases.
"Affidavit:
"I, Curt Ritter von Geitner, do swear, state and declare:
"I was born on 3.5.1885 at the Truppacher Hof near Zweibruecken, Rhenish Palatinate, as a son of the tenant farmer Ernst Geitner and his wife Maria nee Wolff. When father died in 1889, mother moved with us to the city of Zweibruecken. There I attended elementary school from 1890 to 1893. I then attended the Humanistic Gymnasium, where I graduated in July 1902.
"On 19 July 1902 I joined the Royal Bavarian 5th Field Artillery Regiment Landau (Palatinate). From 1 March 1903 to 31 January 1904 I attended the Military Academy in Munich. I was made a lieutenant on 12 March 1904. I attended the artillery school in Munich from 1 October 1906 to 15 August 1907. I became a 1st lieutenant on 12 March 1912. On 1 October 1913 I was detailed to the Military Academy in Munich.
"On 4 August 1914 I went to the front, as staff officer, with the mounted detachment of my regiment (Bavarian Cavalry Division) (France). In the winter of 1914/15 I became chief of the 1st Mounted Battery with which I went to the Russian theater of war in April 1915. I was promoted to captain on 15 August 1915. In September 1916 I was assigned to the General Staff of the XV Reserve Corps (West), and in September 1917 to the General Staff of the High Command of the Imperial German Army in the south (Galicia). This High Command was transferred to the West as High Command of the 19th Army in January 1918 (St. Avold). During World War I, I was decorated with:
the Iron Cross, 1st and 2nd Class, the Bavarian Military Merit Order, and in May 1916 the Bavarian Military Max Joxef Order, which carried with it the privilege of personal nobility.
"At the end of the war I left the army in order to join - by request of my childless cousin - the firm of Geitner and Co., a small factory producing ceramic dyes in Schneeberg/Erzgebirge (Saxony). For this position I prepared myself by studying chemistry at the Technical Institute in Munich in 1919 and 1920. Moving to Schneeberg I joined the firm as a partner on 1 January 1921. From September 1926 I was the manager.
"In 1936 without my doing anything about it I became major of the Reserve in the new Wehrmacht and on 8 September 1939 I was called up for war service, first as commander of an infantry replacement regiment in Zwickau (Saxony). On 1 March 1940, despite my express request I was detailed to the General Staff and transferred as IA officer to Wehrkreiskommando VIII in Breslau. Despite a renewed request to be used at the front I was transferred to the General Staff on 15 August 1940. On 25 October 1940 I became chief of the General Staff of the XXXXVth Corps Command in France. I was promoted to lieutenant colonel of the Reserve on 15 November 1940.
"In July 1941 I was ordered to the staff of Army Group Mitte (East), and on 31 January 1942 I was given a leave home and transferred to the Fuehrer Reserve. On 12 July 1942 I was ordered to Belgrade as chief of the Command Staff of the Commanding General and Commander in Serbia. From 1 July 1942 I was a colonel of the Reserve. In September 1943 I became chief of the Command Staff to the newly created Military Commander Southeast. On 1 April 1944 I was promoted to Generalmajor (brigadier general) of the Reserve and was relieved and transferred to the Fuehrer Reserve on 6 October 1944. On 31 December 1944 I was discharged from the General Staff and on 1 February 1945 I was appointed chief of the newly created office 'Operational Group Transportation Direction' (at Berlin, later Waltershausen near Gotha, Reichenhall, finally Zell am See, where I was taken prisoner on 9 May 1945)."During the 2nd World War I received the decorations: