For all intents and purposes this order possibly involves the command of every one of the defendants in the docks, either by insinuation, by name, by mentioning the unit he commands, or in an way that order of battle will enter this case. The order is called:
"Commander-in-Chief Southeast -155 (High Command Army Group F) War Diary Ia/Id - No. 1067/43 Top Secret Headquarters 30.
10.43 I enclosure, stapled 8 Copies 3 Copy file H2 No. 26 "To Distribution:
Enclosed find draft of the basic order regarding the Command authority in the Southeast area.
Naval group Headquarters South and Luftwaffe Headquarters Southeast are requested to examine it, and to return it before 10.11.43.
Before 5.11.43 the following is to be submitted:"
I believe we can skip this very unimportant paragraph, and then it is signed:
"For the Commander-in-Chief Southeast (High Command Army Group F) The Chief of General Staff (signed) Foertsch "Distribution:
Naval Group Headquarters South Luftwaffe Headquarters Southeast Commander-in-Chief Southeast O.Qu.General of Transportation Southeast
Ic General of Engineers" And then it names on the right hand side of the sheet the copies they are to receive.
Then the next page we find:
"Army Group Senior Signals Officer 7th copy I d (E - Draft) 8th " (stamp) "Commander-in-Chief Southeast (High Command Army Group F) Received 31 Oct.
1943 No. 657 Section Q-1 Section Also read by:
(illeg. init.) J" And underneath it says:
"(handwritten) "Qu 2 with the request to add paragraph 2 and to contribute to enclosure 6. (illeg.
signature)" And the date, "31.
10".
On page 91, and page 66 of the German Document Book, we find:
"Enclosure to Commander-in-Chief Southeast (High Command Army Group F) Ia/Id- No. 1067/43 Top Secret dated 30.
10.1943 "Command authority in the Southeast area.
Organization:
Operational Channels of command.
Territorial Channels of command.
Execution stipulations regarding coastal defense.
Special Areas and concluding stipulations."
And then we have a, "Table of Enclosures" "Service instruction for the Military Commander Southeast.
Service instruction for the German General-Plenipotentiary in Croatia.
"Service instruction for the German General-Plenipotentiary in Albania, Simultaneously for the Administrative Sub-area headquarters in Montenegro.
"Service instruction for the German Military Attache in Sofia.
"Fuehrer Directive No. 40 "Supply Transportation "Political Problems and Counter Intelligence.
"Engineering and Fortifications.
"Signal Enclosure To Commander-in-Chief Southeast" On your next page, Your Honor, page 92, which I believe is pages 66 and 67 of the German Document Book:
(page 1 of original cont'd)
(High Command Army Group F)
Ia/Id - No. 1067/43 Top Secret dated 30.
10.1943" "Command authority in the Southeast area.
I.
"(Operational Channels of Command) "1.) The Commander-in-Chief Southeast ( Commander-in-Chief of Army Group F) is charged with the conduct of the war in the entire German Area of operations in the Southeast."
At that time, Your Honors, the defendant Weich was Commander and Chief, Army Group F, and was Commander-in-Chief Southeast.
"The Commander-in-Chief Southeast is directly subordinate to the Furhrer.
"2.) The following are subordinate to the Commander-in-Chief Southeast (High Command Army Group F):
a) Army Group E
b) 2nd Panzer Army" (At that time commanded by defendant Rendulic).
"c) The German General-Plenipotentiary in Croatia with regard to his powers which go beyond his territorial duties and his duties as attache (service instruction enclosure 2) "d) The German Military Attache in Sofia with regard to his powers which go beyond his duties as attache (service instruction enclosure 4) "e) The Military Commander Southeast regarding all questions of the security of the country."
Your Honor will recall that the Military Commander Southeast was the former General Hans Felber, and his Chief of staff is present here in the dock in the person of defendant Geitner.
"3.) The main task of the Commander-in-Chief Southeast is the defense of the Southeast area against Anglo-American landing attempts from the sea or from the air.
The following assignments are made:
a) To the 2nd Panzer Army: - The defense of the area Croatia, Montenegro and Albania, in particular, the East Coast of the Adriatic.
"b) To Army Group E: - The defense of Greece including the Peloponnesus, the anterior Ionic Islands of Corfu, Cephalonia and Zante, of the Fortress of Crete, of the Island of Rhodes and of the following Aegean Islands: Skarpanto, Milos, Cos, Leros, Samos, Chios, Mytilene and Lemnos.
"4.) In addition the Commander-in-Chief Southeast is responsible for the security in the interior of the country as well as for the combatting of bands and for counter-intelligence measures against sabotage.
"In all questions regarding the security of the country:
"a) The Military Commander Southeast in his capacity as Military Commander Serbia is directly subordinate to the Commander-in-Chief Southeast.
"b) The Military Commander Greece is subordinate to the Commanding Officer of Army Group E.
"c) The German General-Plenipotentiary in Albania and Administrative Sub-Area Headquarters Montenegro as well, if the occasion arises, the German Commanding General-Plenipotentiary in Croatia are subordinate to the Commander-in-Chief of the 2nd Panzer Army. All security units are subordinate to the Commander-in-Chief of the territory in which they are stationed. The Commander-in-Chief makes decisions regarding their commitment and their conditions of subordination."
If you will permit Your Honors, the part we just read under para.b) "The Military Commander Greece is subordinate to the Commanding Officer of Army Group E," at that time the defendant Speidel was the Military Commander in Greece.
"The Commander-in-Chief is authorized to charge the Military Commanders with certain security duties and for this purpose to Court No. V, Case No. VII.
"subordinate the required security units to them.
"The conduct of the war at sea in the Southeast area is carried out by Navy Group Headquarters South. For this purpose the Commanding Admiral Aegean for the area of the Aegean and of the Ionic Sea, and for the area of the Adriatic Sea the Commanding Admiral Adriatic are subordinate to Navy Group Headquarters South.
"In questions of coastal defense the Commanding Admiral Aegean is subordinate to the Commander-in-Chief of Army Group E, the Commanding Admiral Adriatic Subordinate to the Commanderin-Chief of the 2nd Panzer Army by virtue of Fuehrer directive No. 40.
"The conduct of the war in the air in the Southeast and in the Eastern Mediterranean area, as well as preparation and leadership of aerial defense is the duty of the Luftwaffe Headquarters Southeast in accordance with detailed directives of the Commander-in-Chief of the Luftwaffe. By virtue of the Fuehrer directive No. 40 Luftwaffe Headquarters Southeast is subordinate to the Commander-in-Chief Southeast with regard to the preparation and carrying out of coastal defense.
"Subordinate to the Luftwaffe Headquarters Southeast are; the 10th Fliegerkorps for the area Greece; the 'Fliegerfuehrer Albania', for the area Albania-Montenegro and the 'Fliegerfuehrer Croatia' for the area Croatia and Serbia.
"(Territorial Channels of Command) "1.) The Military Commander Southeast exercises the territorial authority and the executive power in the Southeast area.
In this respect he is subordinate to the Chief of the Wehrmacht High Command.
"Subordinate to him are:
"The Military Commander Greece". That is the defendant, Speidel.
"The German General-Plenipotentiary in Croatia". His name you will find, your Honors, on the map, in Croatia, Glaise-Horstenau.
"The German General-Plenipotentiary in Albania and the Administrative Sub-area Headquarters Montenegro", Gullman and Keiper, "only by special order if the interior situation of Albania permits a transfer of the executive power.
"2.) The Commander-in-Chief Southeast issues directives to the Military Commander Southeast as far as affairs of troop leadership are concerned. He is authorized to intervene, as far as this is necessary, in essential questions in the interests of his tasks.
"The Commander-in-Chief Southeast has delegated these powers to the Commander-in-Chief of Army Group E as concerns the Military Commander Greece, to the Commander-in-Chief of the 2nd Panzer Army as concerns the Military Commander Serbia as concerns the Commanding General-Plenipotentiary in Albania (Military Commander Albania-Montenegro) and as concerns the Commanding General-Plenipotentiary in Croatia. "Orders issued by virtue of this directive are to be reported to the Commander-in-Chief Southeast as they occur.
(Service instruction for Military Commander Southeast, Enclosure 1.)
3.) Service instruction of the German General-Plenipotentiary in Croatia, see enclosure 2."
Then if Your Honors will turn to the next page:
"4.) Service instruction of the German General-Plenipotentiary in Albania, simultaneously for Administrative Sub-area Headquarters Montenegro, see enclosure 3.
"5.) The uniform treatment of questions of foreign policy of the southeast area is the responsibility of the 'Special Plenipotentiary of the Foreign Office for the Southeast Area'. He receives his directives from the Reich Foreign Minister and is instructed to inform the military authorities (Commander-in-Chief Southeast, Military Commander Southeast) concerning these directives as far "as they concern military leadership or administration, as well as to inform them regarding foreign--political intentions and measures1 "III "(Execution stipulations regarding Coastal Defense) "1.) The responsibility in the sense of the Fuehrer Directive No. 40, III paragraph 1.) for the preparation of and carrying out of the defense of the coastal territories in the Southeast area against landing attacks of the enemy powers rests with the "Commander-in-Chief Southeast "It is the task of the Commander-in-Chief Southeast to secure the required close and complete co-operation of all branches of the Wehrmacht including the Allies.
"2.) Authoritative for this are in General:
a) Fuehrer Directive No. 40 (Enclosure 5)
b) "Orders for the defense of the Southeast area."
c) Supplement regarding experiences in coastal defense (OKW/WFST/Op. No. 02914/42 secret dated 23.9.1942)
d) "Individual orders for coastal defense" issued by the Commander-in-Chief Southeast.
e) Supplement regarding defense of parachutists and airborne troops dated 10.5.1943.
"3.) Within the framework of the preparation and the carrying out of the defense of the coasts, the Commander-in-Chief Southeast has command authority as concerns Headquarter authorities of the branches of the Wehrmacht, as concerns civilian offices installed there, as well as concerns units and organizations outside of the Wehrmacht which are present in its area.
"The Commander-in-Chief of Army Group E and the Commander-inChief of the 2nd Panzer Army have the same authority within their area.
"4.) Navy:
"According to the directives issued by the Commander-in-Chief Southeast for the preparation and for the conduct of the war, the following tasks devolve on the Commanding Admiral Aegeen."
Then if your Honors will look at the middle, at the bottom of the page, we find:
"Agreement of the High Command of Army Group E or of the High Command of the 2nd Panzer Army is required with regard to the disposition of the Army Coast Artillery.
"The Commanding Admiral Aegean (Adriatic) is responsible for the fulfillment of tasks set to him by the Commander-in-Chief of Army Group E (Commander-in-Chief of the 2nd Panzer Army) to the latter. He is responsible to the Naval Group Command South for the technically correct execution of the measures taken.
"Accordingly in the preparation and the execution of the defense at and around the coasts naval leadership authorities subordinate to the Commanding Admirals (Naval Commanders, etc.) have the same rights and duties with respect to sector commanders, etc."
Turning now to paragraph 3 for the duties of the Luftwaffe, and this is on page 73 of defense counsel's book:
"Luftwaffe!
"For the duties of the Luftwaffe Command Southeast in regard to execution and preparation of aerial defense see "Orders for the defense of the Southeast Area".
"If the danger threatens -- for instance in case of a surprise enemy landing -- all Luftwaffe units (without the flying units) are subordinate directly to the Commander-in-Chief of Army Group E and of the 2nd Panzer Army in the areas concerned.
"6.) Exchange of information of all forces participating in the defense of the Southeast Area is of particular importance in the fulfillment of the mutual tasks.
"Commander-in-Chief Southeast will audit directly the reconnaissance circle of the Luftwaffe and the Navy.
"Naval Group Command South, independently of the above, will submit to the Commander-in-Chief Southeast all important information which has a direct connection with the affairs of the Commander-in-Chief Southeast. The Commander-in-Chief Southeast himself will apply the same procedure.
"Luftwaffe Command Southeast sends all news and enemy information from this area continuously to the Commander-in-Chief Southeast.
"Enemy information and reports are exchanged directly between "a) Luftwaffe Command Southeast after its transfer X Air Corps with the High Command Army Group E. The cooperation of the High Command Amy Group E with the 10th Air Corps intended at present will not be interfered with thereby.
"b) The Commanding Admiral Aegean with High Command Army Group E.
"c) Fliegerfuehrer Croatia or Field Air District Command XXX respectively with 2nd Panzer Army.
"d) Commanding Admiral Adriatic with 2nd Panzer Army.
"Within their own areas the High Command Army Group E and 2nd Panzer Army will regulate exchange of news and information according to their own judgment.
"To secure a standard reception of all news broadcasts in the Mediterranean circle which are heard by the command authorities, summarized short announcements of the results of "Reconnaissance Mediterranean", edited by the Commander-in-Chief Southeast, will be broadcase additionally.
"News and information above and beyond the area of the High Command Army Group E or the 2nd Panzer Army will be transmitted to them from case to case by the Commander-in-Chief Southeast.
"Continuous personal contacts of the counter intelligence officers (Ic) is deemed advisable.
IV (Special areas and concluding stipulations) We can skip this sub-section 1. Sub section 2 says:
"This order is to be passed on to subordinate authorities only in excerpts and then only insofar as absolutely necessary.
The secrecy classification of the enclosures is indicated on them.
"3) The order "Commander-in-Chief Southeast (High Command Army Group E) Ia-No. 025/43 top secret Chefsache dated 15.2.1943" is hereby rescinded and is to be destroyed."
PRESIDENT:WENNERSTRUM: We will take our morning recess.
(Recess was taken).
THE MARSHAL: Persons in the Courtroom will please find their seats.
The Tribunal is again in session; there will be order in the Court.
THE PRESIDENT: You may proceed.
MR. RAPP: With your Honors' permission I would like to hand up to you, to the bench, the document I have just put into the record, for the purpose of identifying the signature of the Defendant Foertsch on the covering sheet. (Document viewed by the Tribunal.)
THE PRESIDENT: You may proceed.
MR. RAPP: Your Honors, if you now turn please to Page 101 of your Document Book, and if defense counsel turns to Page 75 of their Document Book, you will find Document No. NOKW-807. The Prosecution is offering this document in Exhibit to be marked No. 353. This document, dated the 6th of November 1943, shows a Daily Report of the 373rd Croatian Division, to the 15th Mountain Corps, at that time, commanded by the Defendant Leyser. It says: "Transmitted: Day: 5 November, Time 2300, Sender, Daily Report for 6 November 1943, Handwritten: 182 4.) Area Bos. Krupa: During special operations towards Jvanjska-Otave 4 November (2 km North of Blatna) 1 man and 4 women arrested. 12 houses burned down as reprisal measure for blowing up railway 1 November. Population has fled." Signed "373rd (Croatian) Infantry Division, Section Ia, Handwritten: initials." The next document, Your Honors, you will find on Page 103 of your Document Book.
THE PRESIDENT: Pardon me, sir. My Document Book has Pages 103 and 104 missing, unless there's some... I find them over about four or five pages on, so....
MR. RAPP: You did find them, Your Honor?
THE PRESIDENT: Yes, sir; they were out of order.
MR RAPP: Defense counsel will find this document on Page 76. This, Your Honors, is Document No. NOKW-786. It is offered as Prosecution's Exhibit No. 353. It is a report dated the 19th of November 1943, again sent by the 373rd Croatian Infantry Division to the Headquarters of the 15th Mountain Corps, and is again a Daily Report in the nature of a TWX message, and it states:
"In the area east of the supply road, north of Nebeljusi, the reconnaissance encountered an enemy patrol. 1 bandit was shot.
.................
II.) 2 men of the SS-Nordland unit escaped from captivity (II. Banja Brigade 7. Division) and deserted when Cazin was attacked. Hereby confirmation of 7. Division and its Brigade."
MR. RAPP: And then on page 104 we find the final signature:
"373 (Croatian) Infantry Division, Ia, (initial illegible)."
On Page 104, Your Honors, we are offering Document No. NOKW-808. This is German defense counsel's book, Page 77 and Page 79. This will be marked as Prosecution's Exhibit No. 354. Once again we have the 373rd Croatian Infantry Division, addressed to the Corps Headquarters of the 15th Mountain Corps, still, at that time, commanded by the Defendant Leyser, and it states under Roman II:
"II B) Details:
Area Banja Luka - Kotor Varos - Prnjavor:
Contradictory reports have come in from the area East of Banja Luka. After a temporary threat to the road Banja Luka-Bosn. Gradiska the enemy, V and XII Croatian Brigade withdrew to the South (Kotor Varos) and East (Cecave, 44 East Southeast Banja Luka). According to later reports, the enemy again thrust ahead toward the Northeast in the direction of Prnjavor which is said to have been taken by Cetniks on 14.11. Only unconfirmed individual reports are available regarding the IX Croatian Brigade (South Kotor Varos), which has been newly reported in the divisional area and the XIV Brigade. Obviously these Brigades limit themselves to compulsory recruitment in the territory occupied by them.
Area Prijedor - Bosn. Drupa:
New strong forces of bandits have re-assembled around Prijedor: in the South and Southwest: IV, VI, VIII, XI and XIII, Croatian Brigade. In the North: V. Kozara and an unconfirmed Brigade which are planning an attack on Prijedor, after the weakening of the German occupation and after the expected withdrawal of the Panzers.
The XI Croatian Brigade which withdrew to the North (Bosn. Dubica) and the Northwest in the beginning of November arrived again Southwest of Prijedor on the 10.11. The Brigade is said to have participated in the surprise attack on an empty train near Dragotinja (10 Northwest Prijedor) on the 11th November. The VIII Croatian Brigade, after their withdrawal by way of Prav. Jasenica (12 South Krupa), threatened the railroad stations North of Otoka and Krupa and the base of Gudsvac (6 South Krupa) and parts of it were even confirmed on the other side of the Upa River near Vrelo (12.4. North Bihac).
The railroad line Bosn. Novi - Prijedor continues to be endangered to a great extent.
Area Bosn. Novi - Bihac - Cazin:
Before the attack of the bandits on Cazin the following band movements were reported:
The 8th Division moved Eastward from the area of Slunj with the II and III (Kordun) Brigade while the I branched off towards the South and is said to have withdrawn into the area Southeast of Bihac (Hrgar)."
MR. RAPP: This is Roman Numeral I.
"At the same time the Plaski-Battalion withdrew from Ljeskovac (21 West Northwest Bihac) to Mutnik (17 North Bihac) and the VIII Croatian Brigade with units via Stijena (18 Northeast Bihac) up to Vrelo (12.5 North Bihac).
The 7th Division came by forced marches from Banja via Dvor (4 North Northeast Bosn. Novi) and attacked Cazin with 3 Brigades on 14.11. Its III Brigade remained in the area Otoka as a protection toward the East.
The 13th Division which belongs to the same Corps (IV Corps) is also alleged to be marching on Cazin, according to reports of the Croatian Police. However, this could not be confirmed from there. According to latest reports the division is in the area West of Kostajnica. Cazin was temporarily occupied by the enemies but has been retaken. The enemy withdrew toward North as follows:
The II Banja Brigade to Skokovi (24 North Northeast Bihac) the other Brigades (I, III and IV Banija.) via Buzim (30. Northeast Bihac) in the direction of Glina (60 North Northeast Bihac).
The units of the VIII Brigade retired in an easterly direction, There are no reports of the garrison of the Plaski-Battalion and of the Brigades of the 8th Division available at present.
..............
Only weak enemy forces were found during the destruction of the arms depot near Sarajevo (8 Southwest D. Lapac).
Cetniks report a brigade of the Primorske-Goranska-Division Northwest of road Bruvno - Udbina, 3 additional brigades of this division are alleged to be between Podlapac and Gespic.
There are no new reports of the brigade of the 19th Dalmat-Knin-Division which has penetrated from the South."
On page 82 of the German boo, it continues then and says:
Co-operation with Secret Field Police, SD and Counter-Intelligence authorities continued satisfactorily. Co-operation with the Croatian police and Gendarmerie not always satisfactory.
. . . . . . . . . .
For information: Per Ia 114th Jaeger Division Then (signed) 264 Infantry Division Generalmajor (Brigadier General) 369 (Croatian) Division and some initials.
Your Honors, turn now to page 109, defense counsel's page 84. You will find Document NOKW-700. This document is being offered as Prosecution Exhibit 355. This document, your Honor, is a report of the 297th Infantry Division, dated the 25th of November, 1943, to the XXIst Mountain Corps, re the execution of Communists and communist leaders. The XXIst Mountain Corps was a part of the II Panzer Army which at that time was commanded by the defendant Rendulic.
THE PRESIDENT: This is Document 355, is it not? I mean Exhibit 355?
MR. RAPP: That is correct, Exhibit 355. It states?
Secret! Enclosure 647 Corps Headquarters XXI Mountain Corps 23.
11.43 same text to 297th Infantry Division Branch I b for information to 181st Infantry Division Daily Report of 25.
11.1943
a) Unchanged
b) Operation "Edelweis":
During mopping up of area northwest of Debar 15 Communists shot to death, 30 Italians captured. Division Fuesilier Battalion (Reconnaissance Battalion) 297 shot the Communist leader Karl Uka in Pollozhan (map 1 to 50 000) (2 kilometers west of Peshkopija) on 23.
11. Future intentions: mopping-up of area Debar-Peshkopija, reconstruction of the national Self Defense. Reconnaissance toward north, west and northwest with the aid of Albanian guides. Majority of Communists and Italians of the "Firenze" Division presumably in the area of Martanesh (30 kilometers west southwest Debar) and Shengjergji (40 kilometers southwest of Debar).
. . . . . . . . . . .
. . . . . . . . . . .
297th Infantry Division Branch Ia No. 1804/43 Secret (handwritten) And then the distribution "After release to:"
. That concludes this particular Document 700.
Your Honors, on page 110, you will please find NOKW-049 which is offered as Prosecution Exhibit 356. Defense counsel will find this document on page 35. This, your Honor, is a document dated the 27th of November, 1943, a daily report of the XIX Reserve Corps, commanded then by the defendant Dehner, dated the 27th November, 1943, it states:
..........................
173rd Reserve Division: As revenge for surprise attack on Police in Grgurevci, in which non-Volksdeutsche local residents took part, village burned down.
. . . . . . . . . . . .
187th Reserve Division:
. . . . . . . . . . . .
b) Tuzla area: Result of reconnaissance: Zivinice (10 Km Southwest of Tuzla) occupied by 200-300 bandits.
. . . . . . . . . . . .
c) Derventa area: Bandit attack (200-300 man) between Lupljanica and Pocivalka (7south and 12 Km Southwest Dervanta) beaten off by parts of II. Cossack Brigade.)
If I be permitted to call your Honors' attention to the particulars in indictment under Count 2, especially sub-paragraph 9-I, the report of the 173rd Infantry Reserve Division as part of the LXIX Corps, is listed in the indictment as a particular. It reads: "I. On or about 27 November 1943, troops of the 173rd Reserve Division, under the command and jurisdiction of the LXIX Reserve Corps burned the Croatian village of Kroaci."
This, your Honor, will conclude NOKW-049 which has been marked as Prosecution Exhibit 356.
If Your Honors turn now to page 111, defense counsels' book page 86, we are submitting NOKW-048 and asking that it be marked as Prosecution Exhibit 357.
DR. ULLMER.- Ullmer for the defendant Dehner, deputizing for defense counsel Froese.
With regard to document No. 049. I want to object that in this case it is a daily report without signature and without confirmation.
MR. RAPP: This is the same type of document which we had talked about previously and we like to emphasize again that this document or this particular page of this document fell into our hands as is, and we submitted it to the Tribunal for whatever weight the Tribunal wishes to give to this document.
THE PRESIDENT: Overruled.
MR. RAPP: We were on page 11 of your document books, your Honors, and it was marked NOKW-048, Prosecution Exhibit 357. This is a report dated the 30th of November, 1943, a report of the LXIX Reserve Corps to the II Panzer Army pertaining to the revenge measures against suspects.
I quote:
(Pencilled notes)
copy of teletype - secret - of 29.11-43 . . . . . . . . . .II.
. . . . . . . . . . .
187th Reserve Division: . . . . . . . . .
c) . . . . . . .
Aerial photo showed about 500 - 1000 bandits in Cazma at 10.15 hours.
. . . . . . . . . .
Recruit transport on the journey Bjelovar - Nova- Gradiska attacked near Vrbova station (32 kms. West of Bjelovar) in the night of 26 to 27 Nov. Attack beaten off, destruction of the Vrbovaec railway station prevented. Our own losses: 3 dead, 5 wounded. Enemy losses; 6 counted dead. As reprisal measure 15 people suspected of being bandits shot.
. . . . . . . . . . . .
DR. ULLMER.- Ullmer for the defendant Dehner. I regret to have to make the same objection once more. But, in contrast to the previous document, I must point out this: the previous document was a daily report which after all is done informally. Here a secret order is in question. If here without authentication and without signature, a secret order is being submitted. We can at least expect it to bear a number indicating it; a secret document without a number must be looked upon as completely without any importance and for this reason I again object to the submission of this document.
THE PRESIDENT: The Tribunal accepts this exhibit as being a document obtained at the close of the war and it will receive such probative value as the Tribunal deems that it merits. It is conscious of the comments made by the counsel and as disclosed by the document but my previous statement as to the character of the exhibit is such that no further comment is necessary.
The objection will be overruled.
MR. RAPP: If Your Honors now please turn to page 112 of your document book. Defense counsel will find this on page 87 of their document book. The Prosecution submits at this time NOKW-075 which we offer as Prosecution Exhibit to be marked No. 358. This document, your Honor, is a serie of reports of subordinate units to the 2nd Panzer Army pertaining to the execution of hostages, bandits, suspects and the like. The first report is the copy of a teletype of November 3 at 2400 hours and November 4 at 0530 hours and a daily report of the 69th Reserve Corps of November 4, 1943.
..... In Jamina and Racinovci (18 and 11 East Brcko) hostages seized by the I/150. In Stresinci (20 Northwest Brcko) 3 persons shot to death while attempting to escape.
. . . . . . . .
c) Night from 2 to the 3 of November 2400 hours band attack (400 men with 5 light machine guns) on Podgarica (22 Northwest Djajkovo). Invading bandits thrown out by counter-thrust.
. . . . . . . . . .
d) 2.11. in Novo Topolja (17 East Northeast Broad) band suspects taken along. Village burned down. While detachment was riding off it received machine gun fire.
At this time the 69th Reserve Corps was still under the Command of the defendant Dehner.
The next one is a copy of a teletype of the 2nd Brandenburg Regiment of 18.11.43 sent at 2.14 hours, Daily Report of 19.11.43.
"Enemy losses and losses of your own: None.
"3 prisoners (Italian officers) (See report of 16.11.43) shot to death. From Infantry ammunition found it has been established that enemy is using exploding and dum dum bullets."
On the next page, Your Honor, we have a report dated 31 of October 1943 from the 187th Reserve Division: It states: