Official Transcript of Military Tribunal V, Case VII, in the matter of the United States of America vs. Wilhelm List, et al, defendants, sitting at Nurnberg, Germany, on 1 August 1947, 0930, Justice Wennerstrum, presiding.
THE MARSHAL: Persons in the courtroom will please find their seats.
The Honorable, the Judges of Military Tribunal V.
Military Tribunal V is now in session. God save the United States of America and this Honorable Tribunal.
There will be order in the court.
May it please Your Honors, all defendants are present in the Courtroom.
PRESIDENT WENNERSTRUM: You may proceed, Mr. Rapp.
MR. RAPP: Your Honors will recall that prior to our recess yesterday afternoon, we were discussing Document NOKW 877, which was Prosecution Exhibit 342, which Your Honors will find on Pages 54, 55 and 56 of Document Book 14. German defense counsel, I refer to pages 33 and 34 respectively.
We had already read this document into the record, and I asked the courts permission to hand this document up to the Court for identification of the signature of the defendant Leyser. I now would ask the court's permission to do so.
PRESIDENT WENNERSTRUM: You may hand it up.
MR. RAPP: Your Honors, we will proceed now to NOKW 720, page 57 of the English document book, pages 35 and 36, respectively, of the German document book. This, Your Honors, will become Prosecution Exhibit No. 343.
This document, Your Honors, consists first of a teletype message dated the first of November -- 2nd of November, 1943, and it is a daily report. It is from the 15th Mountain Corps, and it states:
1) "Area Bosnia Krupa:
Passenger Train Bilvac - bos Novi 1.11.915 hours near Blatna hit a mine despite previous reconnaissance of tracks and ridges South of the Una.
Mine was released by train wire which was stretched across the Una. Presumably track will be usable again 2.11 evening. The Engineer Company of the 2nd Croatian Jaeger Brigade also employed in cleaning up work. 5 soldiers, 10 civilians dead, 4 soldiers, 4 civilians wounded, 3 cars completely destroyed.
Reprisal measures:
Houses directly North of the Una into which the wire led burned down.
Houses empty."
Your Honors, turning to the next page, we will find the service record of the defendant, Ernst von Leyser, and various comments, the superior officers of the defendant Leyser made at that time. It starts out with name:
1- Name: von Leyser, Ernst 2- Birthday:
18.11.89 3- Entered on Active Duty:
24.3.09 4- Birthplace:
Prussian (Berlin-Steglits) 5- Rank:
Gen. D. Inf. (Lt. Gen.)
6- Seniority: 1.12.42(8) 7- Religion:
Protestant 8- Married:
23.4.27 9- Sons:
Hans Polykarp, 4.1.28 10- Languages:
None We find then his employment in the German Army from September 1, 1939 on:
"1.9.1939 Commanding Officer, Infantry Replacement Regiment No. 6.
25.10.1939 Commanding Officer, Infantry Regiment 169 15.
3.1941 Commanding Officer, Infantry Division 1.9.1942 OKH Fuehrer Reserve (XI) 1.11.
1942 Acting Commanding officer, XXVI Infantry Corps 1.12.
1942 Commanding General XXVI th Infantry Corps 10.
8.1943 OKH Fuehrer Reserve 10.
10.1943 Commanding General XV Infantry Corps 20.
7.1944 Commanding General XXI Mountain Corps 19.
4.1945 Fuehrer Reserve OKH" His decorations are:
Clasp to the Iron Cross, second class, which he obtained on 17 May, 1940; Clasp to the Iron Cross, First Class, which he obtained on the 18 June 1940, the Knight's Cross which he obtained on 18 September 1941, and the East Medal the 26 July, 1942.
At the bottom you will find various military instruction courses which the defendant attended.
If Your Honors will turn to your next page, you will find comments of his superior offices at that time.
On the 15 of February, 1941, his commanding officer had this to say:
": Elegant appearance, soldier through and through. Brief, decisive and energetic in character, socially adroit, tenacious and efficient, fills his position well. Suitable as divisional commander."
On the 10th August, 1941, the former Field Marshal von Mannstein said this about him: "Fresh active personality. Has proven himself fully before the enemy. Leeds division well, with initiative and energy."
On the 13 August, 1941, former Colonel General Von Reinhard had this to say about his: "He produced exceptional success with his division. By his personal freshness, applicability, energy and not last by his fearlessness, he pulled his excellent unit through immense difficulties to highest achievements. He has showed himself capable as tactical leader of coping with all situations. Definite thoughtful with a pronounced clear conception of what could be achieved and what was practical, he was a support to me which I could firmly count. In the face of other difficult problems also, he did not know any "ifs and buts". He has filled his position as Commander of the division very well. I consider him equally well suited for the command of a Panzer Division or of a motorized Infantry Division since he has that particular freshness and his pliability which is needed, in particular, in commanding mobile troops. As former Panzer Jaeger Officer, he had other wide experience in motorization and tactical measures."
16. August 41 General Hopner: "I agree. General von Leyser led his division very well and had it firmly in hand. He personally sets an excellent example because of his freshness and smartness.": "I agree."
On the 5th April 1942, the following comment was made:
"A Divisional Commander who combines common sense and clear tactical perception with great resoluteness and willingness to accept responsibility. Ruthless employment spurs the unit to maximum achievement. The division was led in an examplary and certain manner at the focal points. F.s.g.a.
Commanding General of an Army Corps."
MR. RAPP: If Your Honors turn to Page 60, then Colonel General Lindemann on the 16th of April 1942 said:
"I thoroughly agree. The division was excellently led in mobile warfare as well as in heavy defensive fighting. Commanding general.
MR. RAPP: On the 25th of April 1942 the former Fieldmarshal von Kuchler said: I agree. In heavy Winter fighting outstanding. Precise and thoughtful in his decisions. Energetic. Hard and able to withstand crisis.
Then, on the 3.8.42, it was said: He has proven himself continuously. Fully suitable as Commanding General.
12.9.42: He has continued to prove himself fully.
1.3.43: Very intent on independence and glad to accept responsibility. He has a particularly clear tactical judgment and a healthy view toward the overall picture. In difficult situations also, he commands energetically and quietly. He puts particular value on the preservation of extreme discipline. Average. Leave in present position.
19.3.43 v. Kuchler: I agree. He has also shown himself in difficult situations as a considerate and energetic leader of troops. It remains to be seen whether he is suitable.
19.8.43 Lindemann: Like 1.3.43 over sensitive. Intent on recognition. Somewhat rude in behaviour. Commanding General.
5.9.43 Kuchler: Well Proven as Commanding General.
"1/3/44 Rendulic" - the defendant Rendulic who at that time commanded the 2nd Panzer Army, of which the Defendant Leyser's corps was a part, said about him; "Distinguished, very temperamental personality. N.S." We believe this to be National Socialist. "Circumspect and energetic leader. His piercing temperament sometimes influences the calmness of decision. Glad to accept responsibility. Somewhat sensitive. The over-sensitiveness mentioned in previous estimates could not be confirmed.
Average. Leave in position." And then the former Field Marshal, and now Defendant von Weichs, who was at that time Commander in Chief Southeast, said, "I agreed." And then, if your Honors turn to the next Page, you will find a schedule of dates on which the Defendant Leyser was promoted through the various ranks as an officer in the German Army. Your Honors, we turn now to page 62. We are still concerned with the same document, and then we find here a teletype message from the 373rd Infantry Division, addressed to Corps Headquarters XVth Mountain Corps, at that time commanded by Defendant Leyser, and under the Daily Report of the 6th of November 1943 it states (that is Page 37 and 38 of the German defense counsel's book): "Area Box/Krupa/Dopp/during special operation to Ivanjska /OT A VE 4/11/Klauf/2 North Blatna 1 man and four women arrested and 12 houses burned down as reprisal measures for railroad dynamiting 1/11 population had fled." Your Honors turn to Page 63, defense counsel's document book, Page 39, we will find again a message to the 15th Mountain Corps, from the 373rd Division, and this time it is dated the 8th of November, and it states:
Area of Lapac:
Operation II /3841 in the Kamesnsko Area 7.11 carried out according to plan. Bands seemingly have withdrawn, only weak enemy near point 1259, who retreated. Barracks, shelters, supplies of hay and straw burned down. Two men and two women arrested as band suspects. Twenty head of cattle and 18 smaller animals captured.
MR. RAPP: This Your Honors, concludes this particular exhibit. And, if you please, well turn now to Page 65 of your Document Book, defense counsel's book Page 46. We have NOKW-733. This, Your Honors, will be prosecution's Exhibit No. 344. This is an order dated the 10th of October 1943 of the 373rd Croatian Legion Division, and this particular division at that time was fighting as part of the 15th Corps, commanded by the Defendant Leyser.
It says:
Subject: Railroad and Road Security.
...........
1.) Any natural growth or any artificial cover offering protection (single houses, walls, fences, etc.) is to be removed from within these closed areas. The population is to be employed for such work.!
2.) The closed areas created in such a manner are to be indicated publicly, immediately (by proclamations and posters) and to be shut off by "closed area" signs.
3.) After this publication any unauthorized person found in any closed area is to be fired on without warning.....
5.) Villages and individual houses within the closed area are to be evacuated unless covered by our own units.
6.) The population of villages situated along the road of traffic is to be employed for rapid transmission of communications regarding band attacks impending or in progress. Lach village will be assigned an area of responsibility. In the fixing of the area of responsibility and in the transmission of communications the Croatian authorities are to be included (Mayor, Croatian Gendarmerie and Police as well as the Secret Field Police, the SD, etc.)
7.) For the purpose of retaliation in cases of railroad and telephone sabotage, each German Headquarters authority, down to the regimental staff, is to install within its area of command a hostage camp. Bandits captured or hostages arrested (if possible members of bands or persons suspected of being enemies of the State) are to be divided according to their origin from the individual districts in such a manner that reprisal measures will directly affect the area in which the sabotage occurred.
Exchange of such persons or their origin from certain districts will be determined by agreement between the different units.
Special attention is called to order 373. (Croatian) Infantry Division, Ic No. 3583/43 Secret dated 29.9.43.".
MR. RAPP: Your Honors, the following statement appearing in the English Document Book before you, on Page 66, is missing in the German translation. If this is agreeable to the Tribunal I shall now hand the original document, as far as it pertains to this paragraph, to the official Court Interpreter and have the translation read into the record to that defense counsel can insert that part into the document book.
(Mr. Rapp referred to the following passage: "Beginning immediately the reprisal measure carried out in retaliation for railroad sabotage or for an attack on supply columns is to be reported in every case.")
THE PRESIDENT: You may handle it in that manner. May I suggest to the Interpreters that they read this paragraph slowly so that defense counsel and others who may be interested may write it into their German Document Books.
MR. SCHARF (English-German Interpreter): (Reading the German)
MR. RAPP: I believe, Your Honor, that some of the defense counsel were not able to keep up. Would it be alright if the Interpreter would repeat this please?
THE PRESIDENT: May I suggest, then, that this portion of the document be read again, indicating where it should be inserted in the German Document Book.
MR. RAPP: It would be on Page 47 of the German Document Book.
THE PRESIDENT: Are the German counsel ready?
DR. FRITSCH: Dr. Fritsch for the Defendant Rendulic speaking. Your Honor, if I may suggest to you, it is not necessary for us to put this into writing because we have it in the record. It is enough for us just to make a note in the document itself.
THE PRESIDENT: All right, if that satisfies the counsel.
MR. RAPP: Your Honors, if you turn to Page 67, please, defense counsel to Page 47, you will then find that this document was signed by order of Fischer, Generalmajor, which is Brigadier General in the American Army. If Your Honors turn now to Page 68 you will find the Service Record of this particular individual, Theodor Fischer, who, at that time, commanded the 373rd Croatian Legion Division. We are introducing this particular document because it was a part of the whole document, and we did not feel that we could rip the document, as such, apart, but I do not believe that it will be necessary to read, at this time, the record of the Former General Fischer into the record because it has no direct bearing on our case at this time. If Your Honors permit, we are now turning to NOKW-1058. You will find this document on Page 70 of your Document Book, and Page 50 of the German defense counsel's Document Book. This will become Prosecution's Exhibit No. 345. This, Your Honors, is again a collection of various teletype messages sent by the 369th Division to the 15th Corps, and giving the situation and strength of enemy units at that time operating in this area. It states under 369th Infantry Division, the date was the 13th of October 1943: "Area Travnik-Zenica --- According to statements of residents bandits assembling near Orahovica (5 West Nemila) Area (8 Southeast Travnik) 200 Bandits."
On the next page, your Honor, page 71, page 50 and 51 respectively of the German document book, we find another message contained in the same TWX and it says:
"Area Rama: According to statements of confidential agents and of gendarmerie 11.10. Two bandits brigades from KUPRES to SOLAKOVA KULA enemy groups area 5/11 kilometers West IVAN SATTEL ..... About 7,000 Italians alleged to be with bandits in area RAMA."
On the next page, your Honors, and this is also in the next of the same page of the German document book, we find still more information from this TWX and it states:
"250 Chetniks occupied JABUKA Gorge during the night of 13.10.. 500 Chetniks 1,5 kilometer North of RENOVICA and 300 Chetniks 1 kilometer North of RENOVICA . . . . . . . .
3) During raid in Zenica 42 persons arrested and turned over to the SD. 1 looter shot to death.
4) Studencica (9 North of Rama) set a fire since on 10.10 and 12.10 our own JagdKommandos had been fired on."
This, Your Honors, completes Document NOKW-1058, prosecution Exhibit 345.
Your Honors, we turn now to NOKW-143 which will be offered as prosecution Exhibit 346. This is a daily report of the LXIX Reserve Special Corps, commanded by the defendant Dehner at that time to the II Panzer Army and it pertains to the arrest of a Croatian Captain who deserted to the partisans.
The 187th Reserve Division reports: "18.10. Arrest of a woman teacher in Kapela (9 Northwest of Bjelovar) as a hostage, whose husband, a Croatian Captain, deserted to the bandits and wanted to cause soldiers of his company to desert."
Your Honors, turn now to page 74, page 53 of the German defense counsels' book, the prosecution submits now NOKW-791 which will become prosecution Exhibit 347. This is an order of the 373rd Croatian Infantry Division which fought within the XVth Corps and pertains to the security for railway communication and highway lines.
The order reads as follows: "Staff headquarters 19.10.43. Subject: Railroad and Road Security." "Supplementing the order mentioned in reference above, attention is called to the following:
1.) In creating closed areas attention must be paid that the unit assigns new shelters in territory secure from bands to the civilian population which must leave the closed area. For this purpose the help and advice of the competent Croatian Administrative Authorities is to be requested. In cases where the Croatian authorities resist cooperating with advice and help in the evacuation, report is to be made to the division.
"The population is to be given opportunity to take their moveable possessions with them to their new shelters. Before they are being evauated, they are to be informed that it is not a matter of a penalty measure but of a necessary security measure.
"It is to be avoided under all circumstances that part of the population goes over to the bandits because of the evacuation.
2.) The road Bos. Novi - Bihac, running along side the railroad limes to be secured and the road Bihac - Lapac - Crecac, are contained within this closed area. Because of the necessary provisioning of the civilian population the civilian traffic on these roads cannot be prohibited. For this reason road traffic is to be supervised severely. As many check points as possible, which are to change their control points continuously, are to make sure that unauthorized persons are not permitted to be on the roads within the closed area. The use of the streets is to be permitted only to local residents who are known to be unobjectionable. Any civilian wishing to use these roads must have a short term special pass issued by a German-Croatia Military authority.
"Along the roads 'Closed Roads' signs are to be installed which point out that leaving the streets is permitted only on specially marked points. Special passes are to be issued only to persons having in their possession the identification card prescribed by law for Croatian territory.
"Whoever does not have an identification card and the special pass is to be arrested and - if he belongs to a band - is to be shot to death or if he is suspected of belonging to bands - to be sent to a hostage camp.
"The civilian population must be informed of these severe restrictions. The Division will inform the Croatian civilian authority.
3. The hostages camps ordered by paragraph 7 of the order mentioned in reference above are to be erected not only by the German Headquarters Authority but also by the Croatian Military Authority.
"Captured bandits and hostages seized are to be put separately into these hostage camps.
"The division is to be informed by name of incoming bandits and hostages. The report must show further: sex, place of birth, date of birth and residence.
"In regard to seizure of hostages attention is called to the circle of persons pursuant to order Ic secret 2 Enclosure.
(Signed in draft)
Certified True Copy Fischer Signature illeg.
Major General Mojor (Brigadier General) Distribution:
Your Honors will recall that this particular division commanded by General Fischer fought as a part of the XVth Mountain Corps at that time.
Your Honors, turn now to page 77, defense counsel to page 55 please. We are now offering NOKW-1117, prosecution Exhibit 348. There again, your Honors, we have a number of German teletype reports which were addressed to the XVth Army Corps which at that time was under the command of the defendant Leyser. It was transmitted by the advance command poat of Lueters and it says:
"East SARAJEVO Light Infantry Reserve Regiment 1 (JAEGER RESERVE REGT) drove the Cetniks back toward East. Houses fortified for defense and several hide-outs burned down. 7 enemy dead counted. 1st Company 6th Croatian Mountain Regiment dispersed during a weak night attack without any noteworthy resistance. With that almost the entire 6th Regiment dissolved now. East of SOKOLAC supposedly.
"fighting between Cetniks and Communists. Enemy concentrations near LASVA and KARANJ recognizable. There Cetniks and Communists are united. Northwest of SARAJEVO surprise attacks on truck column, railway stations, and railway.
27 Cetniks will be hanged in retaliation. . . . . . .
Command Post Gen. Lueters (?)" Your Honors, on page 78, page 55 and 56 respectively of the German document book, we find the end of this particular message which was attached to the one which I have just previously read into the record.
If you turn now to page 79 or page 57 of the German document book, we will find part of this message I just have referred to. Your Honors, the first two lines, which is marked on top of this page as page 4, do not appear in the German document book. I will now, with your Honors' permission, hand this to the interpreter who merely will read the translation into the record if this is agreeable to your Honors.
THE PRESIDENT: It is acceptable and you may have it presented to the interpreter. If the interpreters will please indicate the place in the German document book where the insertion should be made and then pause a moment so that they may find it before they commence reading, it will perhaps be helpful to counsel.
(The interpreter read the document in German).
MR. RAPP: Your Honors, I believe this appears in the German document book. It is the previous paragraph I have pointed out to your Honor what the interpreter was to translate. I was just following this in the German language, and I notice that they wore putting into the record the wrong paragraph. It is on page 4 of the original and I believe in German it should start out "In Vergeltung." I believe so.
MR. RAPP: Thank you, that is all.
PRESIDING JUDGE MENNERSTRUM: Did the German Counsel get the insertion? They have indicated that they have.
MR. RAPP: Very well, your Honor.
PRESIDING JUDGE MENNERSTRUM: You may proceed.
MR. RAPP: Your Honor now we offer NOKW-944. You find it on page 80 of your Honors' document book and page 78 of German Defense counsel book. This the Prosecution offers as Exhibit 349. Your Honors, this is an order of the 369th Croatian Infantry Division issued on the 25th of October 1943 and it is a basic order as it refers to the treatment of captured bandits, disposal of their uniforms, arrest of hostages, hostage ratio to be used, etc. etc. We have before us, in the original, the 59th copy of this order. There were 60 copies issued altogether.
Department Ic No. 54/43 Top Secret.
Subject: Combatting bands, measures of reprisal and evacuation.
1. The increased activity of the bands demands severity and resolution in combatting them even with respect to every individual man.
11. Therefore, I order:
1.) All operations against organized groups of bands and single bandits are to be carried out with ruthless severity. The troop that is combatting the bands is not to stop at a mere dispersion of the bands, but must try to eradicate the bands, or at least part of them.
The plan of the operation must, of course, be made according to the above demand.
2.) The malicious combat manner of the bandits and their helpers in the Serbo-Croatian area often compels us to forbid the taking of prisoners in order to avoid unnecessary hazard to the troops. Such a providential instruction can be given out by the Commanders of regiments and Commanders equal in rank.
Without these orders the local leaders will act accordingly on their own responsibility.
3.) If, nevertheless, single bandits get into the hands of our troops alive, they are to be treated in the following way:
a.) Male members of bands capable of work who surrendered in combat in enemy uniform or in civilian dress can be treated as prisoners of war or kept back as hostages.
b.) All members of bands(irrespective of sex) found in German uniform or in the uniform of an Allied Army (malicious manner of combat, contrary to international law) are to be shot. They are to be carefully interrogated previously. A copy of the interrogation is to be sent to the Ic Department of the Division. The clothes are to be sent to the Clothing center of the Division (D.V.A.). Prisoners, however, who can make important statements are to be sent to the Ic Department of the Division.
4.)Members of bands, of whatever age or sex, who surrendered outside of combat actions, with or without arms, in whatever dress, to a German of Allied troop, are to be treated as enemy deserters. Bandits who desert during combat need not count on advantages. That means that they are to be treated as under Paragraph 3.). After a short interrogation by the troop for the purpose of our own information the members of bands counting as enemy deserters are to be sent to Ic Department of the Division.
5.) The propaganda of desertion is to be carried into the population by all means as up to now. Women and parents of members of bands who are still in liberty must be warned at every occasion, that they must count with the destruction of their houses or the arrest of hostages if their bandit does not surrender in time.
The same reprisals are to be threatened as are used towards those of the Division who are on leave. Corresponding leaflets will be sent separately to the troop units.
The propaganda of desertion, moreover, is to be encouraged by allowing to the deserters in every instance the good treatment and food that was assured them. The number of deserters is to be listed in the Daily Report.
6.) The taking of hostages is of special importance as a preventive measure of protection. It is to be carried out on orders of a Commander with the disciplinary authority of a regimental commander at least.
All classes of society are to be used. Selection is to be made in the first place from the following groups of persons:
Relatives of members of bands, Persons who are guilty of aiding and abetting the bands, Other suspicious persons.
The arrest of hostages is to be made known, to the population in the areas in question. Attention is to be drawn to the fact, that the hostages will be shot to death as soon as an attempt occurs. The publication has to be made in writing in accordance with the enclosed sampel. For the posting of this publication the mayors and Croatian Gendarmerie posts are to be employed. A copy of the publication is to be sent to Ic department of the Division.
In further raids on members of the Wehrmacht or damages caused on installation necessary for the war will be answered by shooting to death or hanging of hostages as well as destroying of the surrounding villages. Before the villages are destroyed the population capable of bearing aims is to be arrested as far as possible. Only then will the population denounce concentrations of bands to the German authorities, so as to be safe against reprisal measures.
As measure of reprisal there can be shot to death, or hanged:
For 1 German killed - up to 50 Hostages For 1 German wounded - up to 25 hostages.
Your Honors will recall that this relates to the Rendulic order which was read previously into the record and the order was issued on the 15th of September 1943 and was offered as Prosecution Exhibit No. 340 and here we find that this order permeated all the way down to the Division DVA which was part of the 15th Corps at that time.
"The kidnapping of a German is equivalent to a killing, if the victim does not return within a given period.
"In carrying out the measures of reprisal the Croatian Police and the Gendarmerie are to be employed extensively.
"Measures of reprisal will be carried out on orders of a least a commander of a regiment or of a commander of equal rank.
"The arrest of hostages carried out as measures of reprisal is to be included in the Daily report.
Previous orders in regard to measures of reprisal and hostages are annulled and are to be destroyed."
Next turn to page 83 of the English and page 60 of the German Document Book:
"In order to purge infected areas the evacuation of all male inhabitants from 15 to 60 years of age may be necessary. The corresponding petitions are to be made through Ia and Ib Departments of the Division. The evacuation must be carried out with lightning speed so as to prevent a premature flight of the population. The arrested are to be conducted to the labor employment offices."
Then we find below a distribution according to draft and a suggestion on how the posters to notify the population of the pending killings of hostages should be made up.
JUDGE CARTER: Isn't it a fact, Mr. Rapp, that the Rendulic order was made on September 12 and not the 15th?
MR. RAPP: I believe that it was.
JUDGE CARTER: Isn't that the order issued three days before the Keitel order which was on the 15th?
MR. RAPP: No, your Honor, this particular order, this is Exhibit 340, dated 15 of September and pertains to the ratio of hostages which the defendant Rendulic felt was adequate for execution purposes in retaliation for losses suffered by the German Wehrmacht. It is on page 15 of the English Document Book. I believe, your Honor, there is another Rendulic order of the date quoted by your Honor but pertaining to the reprisals against Italians, also issued by the defendant Rendulic.
PRESIDING JUDGE WENNERSTRUM: You may proceed.
MR. RAPP: Thank you, your Honor. Your Honors please turn now to page 84 which is page 61 of German Defense Counsel's Book and we are offering NOKW 079, Prosecution Exhibit No. 350. This is a collection of daily reports of the 69th Reserve Corps and the XV and XXI Mountain Corps respectively to the 2nd Panzer Army. It states, in the middle of the page -- it first starts out:
11. Croatian Corps ---- As reprisal measures for the attack on the railroad base Southeast of Gracanica (20 kilometers Southeast of Doboj) (see Daily Report 13.10) 1 village was burned down and 100 bandits shot to death.
Then below daily report XV Mountain Army Corps dated 14.10.1943:
"11. Croatian Corps: Reprisal measures (see Daily report of yesterday) village of Petrovica burned down. 100 shot to death.
"Sender: 1st Lieutenant Ziegner, 1050 hours. Received: 1st Lieutenant Schulz/ Corporal Schmitz."
On the next page Your Honor there is a daily report dated the 14 of October by the 69th Reserve Corps, received from the 187th Reserve Division:
"187th Reserve Division:
"In Koritna (20 kilometers northwest of Vinkovici) a total of 74 hostages arrested."
Then the various identifications of the document when it was sent and when it arrived. At the bottom of this page, 85, we find again:
"187th Reserve Division : In Koritna ( 20 kilometers northwest of Vinkovci) 2 bandits arrested, 1 hanged on the spot. Levying of hostages."
The next page, your Honor, page 86 of the English Document Book and page 63 of the German Document Book:
"118th Jaeger Division: In the area 10 Northeast of Grahowe, an enemy combat group was attacked and destroyed in a concentrate attack from the Northeast and West by Reconnaissance Section 118 and 1./738. Individual combat actions still under way. III./750 drove enemy from ridge 1177 (6 North of Podhan), then turned West--"
A little below that we find enemy losses:
"Order issued for shooting of officers. Presumably the figure will be considerably larger. Loss of enemy lives; not ascertainable."
Then, signed by 1st Lieutenant Schulz and Corporal Riemer.
Court No. V, Case No. VII.
Your Honors, turning now to page 87, please, pages 63 and 64 of the German Document book, respectively, we find again 187th Reserve Division, and it reports that:
"5.10 near Ivankovo 2 Communists wanted for a long time were arrested wearing German uniforms and carrying arms and written matter. 1 of them was a Volksdeutscher. Both Communists were hanged in Ivankovo. On 5.10. 43 the Wehrmacht telephone connection near Ivankovo was interrupted by Communists. Hanging of inhabitants of the village in case of recurrence was threatened."
And then under "d)":
"In Pivnica according to confidential report assembly of the XII Communist Brigade of about 2000 men said to have been ordered to attack Virovitica."
The next page, Your Honor, page 86, page 64 of the German Document Book, under "f)" we find:
"f) Taking of hostages in Andrijecci as reprisal measure for mines laid during the night from the 4th to the 5th of Oct."
And then a little bit below we find another reference saying:
"In reprisal for the attack reported in the morning report of 9.10 made on 9.10 at 0130 hours on the freight train on main railroad line 12 Southeast Vinkovci 20 bandit suspects from the locality of the incident executed at the place of the crime."
This, Your Honors concludes Prosecution Exhibit 350.
Your Honors, if you turn now, please to page 89 of your Document Book, and page 65 of the German Document Book, you will find NOKW-1010. This will be Exhibit 351.
If Your Honors, please, we believe that this particular order, which we are about to introduce into evidence and which was signed on the covering letter by the defendant Foertsch, will prove one of the most important basic orders we have to concern ourselves with herb in our case in chief. This order highlights and points out for us the order of battle, the relationship of all units stationed in this area during that time, and we believe that this order proves the connection of the various defendants commanding their respective units, and how they are all interlocked and tied together to the top man at that time.