Reprisal prisoners lacking are to be furnished by the Commander of the Security Police.
The burning down of Stragari as a reprisal measure is to be reported in the proclamation.
Completion of the action is to be reported. Certified: 1st Lieutenant. After transmission to: Senior SS and Police Fuehrer, Military Commander Southeast Ia No. 33/43 Signed Felber.
MR. RAPP: On the next page, Page 54 of the English and Page 40 of the German, it states: "To: 809th Administrative Sub-area Headquarters, for the information of: 1st Royal Bulgarian Occupational Corps through the German liaison Staff, 2 September 1943, 2nd Pazer Army." Hear is an order pertaining to a ratio of better than 40 to 1. It states:
"A total of 450 communist suspects are to be shot and one bandit village is to be burned down, after safeguarding of the detachment at Crkvica (20 km. W. of Leskovac) on 1 Sept 43 in which 7 German police were killed and 4 wounded. The reprisal measured are to be carried out if possible by German police in the course of the operation at present underway in the area W. of Leskovac and is to be make public after completion. Completion of the action is to be reported.
Certified:
Bode First Lieutenant after transmission Senior SS and Police Fuehrer Military Commander Southeast Ia No. 31/43 sgd.
Felber On the next page, Your Honors, is another 40 to 1 order "To: District Administrative Headquarters 1/823, Reference:
Your communication Ic No. 9185/43 of 2 September 1943." This communication is dated 4 September 1943.
"As revenge for the surprise attack on the village of Duplja west of Weisskirchen on 30 Aug. 43, in which 3 Voldsdeutsche members of the Banat State Guard and one community official were murdered and the community records were set on fire, 160 communist reprisal prisoners are to be shot. The utilization of bandit members confined in the Gross-Betschkerek hostage camp for execution and of women, so far as they ave convicted bandit helpers, is approved.
Completion of the action is to be reported by enclosure of one copy of the publication.
Certified:
Bode First Lieutenant After transmission to Senior SS and Police Fuehrer Military Commander Southeast Ia No. 44/43 sgd.
Felber And on the bottom it says "To: 610th Administrative Sub-area Headquarters."
On the next page, Your Honor, "Subject: Reprisal Measures." I believe the first paragraph figures out something like 37 to 1. It says: "As retaliation for the surprise attack on a truck of the German customs border guard at Bajina Basta on 13 September 1943 by a DM band, during which 4 German customs officials were shot and 4 wounded, 300 DM followers are to be shot." The next one, I think, is plain 50 to 1 it says. "As retaliation for the surprise attack on a German harvesting detachment at Banja (5 km. S.E. of Arandjelovac on 4 September 1943 during which 2 German police sergeants were killed, 100 communists are to be shot." The next one is 2 to 1.
"A retaliation for the surprise attack on the Serbian State Guard Detachment in Gojna Gora (20 km. N.NE. of Pozega) on 14 Aug. 43, in which 4 Serbian State Guard men, among them one officer, were kidnapped and murdered, 10 D.M. followers are to be shot; then is:
As retaliation for the surprise attack on an automobile of the SD of Uzice at Serozva (6.5 km. S.E. of Uzice) on 8 Sept 43, in which one SD man was wounded, 25 D.M. followers are to be shot.
The execution is to be effected by the Commander of Security Police central, as far as reprisal prisoners are not at the disposal of the Administrative Sub-area headquarters.
Completion of action is to be reported by 25 Sept 43.
Military Commander Serbia Ia No. 101/43 sgd.
Felber Certified:
1st Lieutenant After transmission to Senior SS and Police Fuehrer And this is signed by the Military Commander Serbia, Ia. Your Honor' attention is invited that during this period the Defendant Geitner was Chief of Staff to this man Felber who signed these orders.
The next document, Your Honors, you will find on Page 58 and Page 43 of the German Document Book. It is NOKW-157, being offered as Prosecution's Exhibit No. 411. This document is dated 4 October 1943. It has a rubber stamp and various pencilled noted on top. It is addressed to Army Group F, at that time headed by the Defendant Weichs, (by messenger), for the information of 2nd Panzer Army, the Defendant Rendulic, German General Plenipotentiary in Croatia.
"Daily report of 4 Oct. 43 Serbia Communist surprise attack (100) on National Economic school in Leskovac, building burned down, crops stolen.
Bulgarians did not enter the attack.
In operation with Bulgarians and German Field Gondarmeric East of Uzice, 1 DM bandit shot, 28 captured housed burned down.
In Cacal on 1 Oct., 263 DM reprisal prisoners and 43 Communists shot as revenge for a series of surprise attacks in the area of the 610th Admin. Subarea Hqs., in which German and Bulgarian Wehrmacht members were killed.
Certified 1st Lt.Mil.
Co. Southeast La No.772/43 secret Signed von Geitner" And it is 3 War Diary Supplement 87.
On the next page, Your Honors, Page 59 under document, we find "For the Information of: German General Plenipotentiary in Croatia, 2nd Panzer Army, Daily Report 17 October 1943." Then, "Serbia: As revenge for surprise attacks on German customs and police patrols in the area of the 610th Administrative Sub-area Headquarters, 100 DM and in Belgrade, 150 Communist reprisal prisoners shot." Signed, Military Commander Southeast, Ia No. 1041.43 secret, Signed Steiger, Major." And the certified by a first lieutenant. If Your Honors turn now to Page 60 of Your document book, defense counsel will find this on Page 46, we submit NOKW-162, to be Prosecution's Exhibit No. 412. This, Your Honors, is again a report, and it says: "Arrest of suspects from Petrovo Selo as hostages approved up to 50. Only such persons may be arrested who, if necessary, may be shot to death also.
Safekeeping must be guaranteed. The liability of the hostages is to be announced publicly." The next document, Your Honors, you will find on Page 61. It is NOKW-166, to be offered as Prosecution's Exhibit No-413. I believe defense counsel will find this on Page 47. There is again a report by the Military Commander Southeast, to the 816th Administrative Sub-area Headquarters, and the subject is some reference to a teletype message of the 23rd of October 1943: "The arrest of hostages petitioned with the teletype referred to above is approved for a period of 4 weeks. The reason for the arrest is to be made public. Only those persons are to be arrested who can also be shot, of the occasion arised." On Page 62, Your Honors we offer NOKW-170, which becomes Prosecution's Exhibit No. 414. Defense counsel will find this on page 48. Here is a report from the Military Commander Southeast, and it is distributed to the 599th and 809 Administrative Sub-area Headquarters. It states, Subject: Reprisal Measures."
It is dated 29 October 1943.
"In reprisal for the attack on 2 German soldiers by DM Chetniks near Tekija on 17.10.43 for a further attack 21.10.45 near DI. Milanovac and for the attack on tug drawn barges on the Danube near Izlaz on 26.
10.43 150 DM followers were shot on 29.
10.43. Publication issued by the Propaganda Section Southeast in cooperation with competent Kreis Kommandantur (District Ho.) in Pozarevac and Zajecar and of the unit employed on the Danube which will receive the proclamation shortly.
For the Military Commander Southeast The Chief of the General Stall by order of and sgd.
Major On the next page, Your Honors, Page 63, still Page 48 of the German Document Books we find an entry in the War Dairy, the Propaganda Section, Ia. and it States:
"Feldkommandantur 610 The murder of the 2 customs border police near Selac has been compensated for by the operation of the VI Auxiliary Police Battalion on 19 and 20 October 1943, in which 7 Serbian villages were burned down and a considerable number of persons shot to death.
The result of the operation is to be published as a direct reprisal measure for the murder of the 2 German customs border police.
Military Commander Southeast La/No.264/43 dates 27.
10.43 signed FELBER" And then some ittegible initials, and it's certified to be a true copy and it again goes for information "After release:
"SS und Polizei Fuehre, Liaison Official of the Customs Border Police." This Concludes NOKW-170 The next document, your Honor, you will find on page 64.
It will be page 50 of the German document book. It is NOKW-1420, to be submitted as Prosecution Exhibit 415. This is a report from the Commander-in-Chief Southeast, High Command Army Group F. In other words, the defendant Weichs. To the OKH and OKW pertaining to the execution of 100 Draza Mihailovic and 150 Communist retaliation prisoners in Belgrade. The first page merely states that this particular TWX has been addressed to Army General Staff, Operations Branch, daily report from the Wehrmacht Commander Southeast, 4 October 1943.
On page 65 we find: "In Cacak, 1 November, 283 DM hostages and 42 Communists shot to death in reprisal for surprise attacks, in the course of which members of the German and Bulgarian Wehrmacht were killed." It is signed by the Wehrmacht Commander Southeast.
On Page 66 the Army General Staff, Operations Branch, received this TWX 18 October 1943, and it says under Serbia: "Diminishing band activity in reprisal for attacks on German border patrols in the area of 610 Administrative Sub-Area Headquarters, (SABAC) 100 DM and in Belgrade 150 Communist hostages were shot to death."
And then on the other page, your Honors, it is signed Wehrmacht Commander Southeast, High Command, Army Group F, I C/ AO No. 3120/43 Secret, dated 17 October 1943.
On page 63 we find the same type report in TWX form. We find this on page 68, page 52 in the German Document Book, and it pertains to the administrative area headquarters 395, and on page 69 it says:
"Enemy losses 2205 prisoners, 37 dead, 42 wounded, 13 depots. Ammunition rations and clothing were taken in booty and estroyed, 3 villages were razed to the ground. Own losses, 2 dead, 3 wounded. (Signed) Wehrmacht Commander Southeast (High Command Army Group F) 20 October 43."
The next page, your Honor, page 70, I believe this is page 53 of the German document book, the same type TWX report, this time dated 1 November 1943. "Daily report from Wehrmacht Commander Southeast. SERBIA: Final report concerning combat actions in the area of Lebanc.
.." That is on the other page, your Honor. "...more than 150 enemy dead. - Bulgarian losses: 30 dead, 8 missing. - On the lower Drina River, Communist bands entrenching. Intentions: Reconnaissance thrust on West Drina bank. 42 DM reprisal shootings. 'Hammelbraten", 25 South of Cacak encountered strong DM band....
"(Signed) Wehrmacht Commander Southeast (High Command Army Group F)" This, your Honor, concludes Document 1420.
JUDGE CARTER: To whom are these last reports directed?
MR. RAPP: They were reports from the Commander-in-Chief Southeast, and at the same time Commander-in-Chief Heeresgruppe F to the OKW--OKH in this case, the High Command of the German Army.
Your Honors, if you turn now please to page 72, you will find NOKW-165 which is submitted as Exhibit 416. This is a letter of the Military Commander Southeast to the German Plenipotentiary General in Croatia pertaining to the recruitment of labor. It states:
22 October 1943, to:
German General Plenipotentiary in Croatia:
For purposes of provisioning the Army and the Luftwaffe, and for the General of the Transportation Corps, labor forces are to be recruited and in Croatia 3,000 workers. The recruiting is to be carried out with dispatch. On account of the working conditions (salary, provisioning of the workers with food, provisioning of the families, etc.) liaison is to be set up with the Chief Administrative Officer of the Military Commander, Southeast.
It is signed: Military Commander, Southeast Ia, No. 1156/43 Secret And it bears the initial "G" and is dated 23 October '43. At the bottom of this document, it says:
After transmissions, Chief Administrative Officer and Chief of Military Administration and To: OKW/WFST Qu. Branch.
The procuring of labor forces from Serbia is meeting considerable difficulties at the moment. Forceful measures were declined up to now by Minister Neubacher, since the new political order should not be disturbed. Neubacher informs us from Berlin that the Reich Foreign Minister would agree to the commitment of 12,000 Italian prisoners as workers in the Serbian area. It is requested that the approval of the Reich Commissioner for Labor Employment, Gauleiter Sauckel, and Reichsminister Speer be obtained.
(Signed) Military Commander, Southeast from Ia No. 275/43, 29 Oct.
'43.
An then it bears the initial B. And then it gives the distribution, After transmission, by writing to:
. . . . . . . . .
The next document, your Honor, you will find on page 74. German defense counsel will find this on page 56. This is NOKW-159; it is being offered as Prosecution Exhibit 417. This is an order of the Military Commander Southeast Felber to Higher SS and Police Leader for the execution of Communists and Draza Mihailovic hostages. It is dated the 23rd October, 1943.
. . . . . .To the Senior SS and Police Fuehrer for the information of:
809th Administrative Sub-area Headquarters German Liaison Staff with the 1st Royal Bulgarian Occupational Corps
1) As revenge for the surprise attack on the cattle purchasing detachment at Sljivar, by a DM and a Communist band, through which 8 German and Bulgarian Wehrmacht are Police members were killed, 8 German and Bulgarian Wehrmacht members were wounded, and 2 German military Police were missing, 100 DM prisoners and 300 Communist reprisal prisoners are to be shot under consideration of the reprisal measures which have already taken place, consisting of burning of houses and the losses which the bandits suffered in this operation.
2) As revenge for the surprise attack on the collecting detachment of the 8th Auxiliary Police Battalion on 6 Oct. '43 at Jelasnica by a DM band, during the course of which 3 auxiliary police men were killed, 8 were heavily wounded and 9 were slightly wounded, 100 DM reprisal prisoners are to be shot.
The Senior SS and Police Fuehrer is charged with carrying out the execution. It is to take place in the Zajecar district.
In the publication of the reprisal measures relating to 1) reference is to be made to the horrible treatment of the wounded who fell into the hands of the bandits and the mutilation of the corpses; in the proclamation concerning 2), it is to be expressed that the reprisal quota would have been considerably higher if the wounded had not been decently treated."
Then below, on page 75, and I think on defense counsel page 57:
.......... To 809th Administrative Sub-Area Headquarters As revenge for the surprise attack on the cattle purchasing detachment at Sljivar 100 DM followers and 200 Communists were shot on 29 Oct.
'43 in Belgrade.
As revenge for the surprise attack on the collecting detachment of the 8th Auxiliary Police Battalion at Lelasnica 100 DM followers were shot on 29 Oct.
'43.
The reprisal measures are to be published in the Zajecar District. In the publication reference is to be made expressly to the horrible treatment of the wounded who fell into the hands of the bandits and the mutilation of the dead in Case 1.
An enclosure copy is to be sent here. Military Commander Southeast and then on Ia No. "Secret".Your Honors, turn now to page 77.
Defense counsel will find this on page 58. We find document NOKW-044. It is being offered as Prosecution Exhibit 418. This is a series of teletype messages in the form of daily reports by the Military Commander Southeast, addressed to various echelons above him and sometimes at the same level. This one is dated 24 December 1943. It was sent on the 23rd of December, 1943.
..... Serbia:...
40 farmers, among them women also, suspected of being Communists killed by Chetniks in a village 10 km Southeast of Obrenovac..... German Plenipotentiary General in Croatia:
German patrol in Zagreb arrested 60 suspects. 16 leading Communists hanged by Croatian authorities on the outskirts of the city of Zagreb as a reprisal measure for the blasting of an ammunition dump on 18 December.
. . . . . .
Copy of Teletype dated 1.12.43 - Daily Report, Military Commander Southeast.
Serbia:. . . . . .
27 Communist hostages shot in retaliation for the attack on the train Negotin-Nis (see daily report 27.10.).
. . . . . . . . .
Next page, your Honor, is a copy of teletype dated 24.11.43.
"Daily report, Military Commander Southeast dated 24.11.43.
"Serbia:
Our losses: 25 dead, 120 wounded. Enemy losses unknown. Of 30 captured Italians and Communists, 13 were shot to death immediately. Chetniks stopped North Cacak passenger train and robbed the money transport of the Serbian State Guard. (6.5 millions dinar), German Wehrmacht was not molested."
Then a copy of teletype dated 18.11.43.
"Serbia:.....
During mopping up operations of combined German Serbian forces south of Zajecar 6 Communists and 180 men capable of bearing arms were arrested. The latter were delivered to Bor for compulsory labor... Counter intelligence reports mention the disintegration of the DM movement due to differences with England. Simultaneously conditions set by the DM for discussions with Germany are made known, which demand taking over the DM men into Nedic units."
Now, let's turn to next page 59 and 60 of German Document Book. It's again these daily reports from Felber dated 17.10.43.
"Serbia:
Slackening band activity. According to information from Ministerpresident Nedic offers come to him daily from DM officers who say they are prepared to enter his service. Near Trstenik DM leaflets urge the people to protect themselves against Allied air bombing.
"In retaliation for attacks on German customs and police patrol, 100 DM in the district of the F.K. 610 (Admin. Sub-area H.Q.) and in Belgrade 150 Communists hostages were shot to death."
Below that, we find a copy of a teletype sent 14.10 and it is again, a daily report.
"Serbia:
DM band burning down farms in West Cacak belonging to farmers who do not obey mobilization orders.
"During the mopping up operations on both sides of the railroad and the road Uzice-Mokra Gora slight contact with small bandit group. 1 single-barreled machine gun and 4 rifles captured. Number of arrested up to date 114 suspects. Bodies of 7 German military police and customs officials disinterred. In reprisal farms belonging to members of the band were burned down."
The next page, your Honor, page 80 and page 60 of the German, these daily reports from Felber. On 4 October he reports:
"Serbia:
1.) Communist attack (100) on agricultural institutes in Leskovac. Buildings burned, grain stolen, Bulgarians did not intervene.
2.) During operation in cooperation with Bulgarians and Germany military police of Uzice 1 DM bandit was shot to death, 26 were captured houses were burned down.
3.) 283 DM hostages and 42 Communists shot to death in Cacak on 1.10. in reprisal for a number of attacks in the area of the FK 610 (Administrative Sub-area Headquarters) during which German and Bulgarian members of the Wehrmacht were killed."
At the bottom, the report from the 29th of September:
"10 DM hostages shot to death in Jagodina for the murder of the district supervisor."
Your Honors, turn to page 81, 61 of the German Document Book. These reports continue. This one is dated 27.2.43. It's called a supplementary report:
"During relief operations for the Serbian Volunteer Corps Combat Group encircled in Kosjerici, Northeast of Uzice, 40 DM bandits were killed, and 250 houses burned down by Bulgarians.
"During the operation of the Bulgarian and German auxiliary police in connection with the attack on the reinforcement Kommando for Group Buerger, near Duga Poljana, 21 bandits dead, and their village Stavalj burned down."
At the bottom of the page, it says:
"42 anti-German persons taken hostages by the SD in several villages in the Banat."
The next page:
"Serbia:
10 DM hostages shot in Sabac."
Below and paragraph 7. Under 19 August:
"25 and 22 DM hostages shot to death in Uzice and Valjevo respectively, in retaliation for attacks on German customs border guard and Serbian State Guard officers.
"Greece:
Part of the Italians welcome new Republican Fascist Party. Officers remaining indifferent. Greek police in Piraeus armed with pistols in order to be able to oppose Communist terror groups."
Next page, your Honor, on the top, Felber still continues his daily reports:
"10 Communist hostages shot in Zajeear."
"5th/SS Mountain Jaeger Regiment 18, and units of the Italian militia regiment Po, 200 men strong, encircled by band (1000) between Delphi and Abrachova. Relief brought by units SS Panzer Grenadier 2, from Lamia."
And below:
"19 suspects arrested and 10 houses burned down by the Bulgarian Jagdkommando 18 during searching operations in connection with the plot on the main road Belgrade. - Nis, West Aleksinac, reported in the daily report dated 3.9. 20 Communists and 24 DM people shot to death, the latter by the Serbian Volunteer Corps, for sabotage on the railroad Knjazevac - Zajecar and the murder of a Serbian district supervisor."
The next page, dated September 4, page 63 and 64 of the German:
"Near Boljevac (30 West Southwest Zajecar a band 100 men strong burned records of the community and incited the population to revolt in the Rumanian language.
"Search for weapons by SD kommando East of Arandjelovac still under way.
Operation probably unsuccessful due to delayed arrival of Bulgarian battalion."
Below, and at that time the defendant Speidel was Military Commander in Greece:
"Greece:
"A new strike broke out in the tobacco industry. Arrest of 39 hostages without effect. Lockouts of the entire tobacco industry ordered. Because of ammunition found in Ampfissa and in Gravia 10 hostages each arrested. From munition dump construction office Tatoi 90 kilograms explosives taken. Several culprits participating in sabotage Kallithea arrested. 50 hostages kept under arrest until conclusion of the investigation."
The next page, your Honor, page 64 and 85:
"West Leskovac grain confiscation kommando attacked by Communist band (3000. Our Losses: 7 dead, 4 wounded. Cooperating Serbian State Guard had 3 dead, 2 wounded. Band is being pursued by Bulgarian and German police reinforcements. Shooting to death of 450 Communist suspects in the course of the operation starting tomorrow in this area have been ordered.
"According to report of the Danube Security Staff Rumanian and Czech deserters are forming bands on the Rumanian bank of the Danube.
Three Serbian couriers have been arrested by the Rumanian Frontier Guards.
"Croatia:
"70,000 Dalmatians interned in Italy are to be transferred to Croatia in the near future, but are not to be permitted to enter Italian occupied territory."
The next page, your Honor:
"Serbia:
"Royal Bulgarian Occupation Corps:
"SS Police Panzer Grenadier Regiment 1 and 2: During searching operation Northwest of Lajkovac by SS police Jagdkommando 21 suspects killed part while trying to escape, 1 DM officer arrested.
"During searching operation by Russian Protective Corps with auxiliary police, 2 Communists killed, 7 suspects arrested.
"Croatia:
"Increasing disquiet in the area of Zagreb. Within the city area also Communists notifications to report for military duty were delivered with the threat that unless they are obeyed members of the family will be killed and their possessions destroyed. The bands are prohibiting the bringing of foodstuffs into the city by the population of the area around Zagreb under penalty of death."
Let's turn to the next page, this one is date 18 December. It's a daily report, Commander in Chief Southeast. LXVIII Infantry Corps. Reports:
"As reprisal for blasting of bridge and murder of a German soldier in the area of Tripoli, band village destroyed, 30 Communists shot."
This 68th (LXVIII) Infantry Corps, at that time as you will notice on the chart, was not commanded by the defendant Felmy. Yes, it was commanded by the defendant Felmy. He, at that time, already had taken over. He took over the 6th of June 1943 until 10-44. He was there at that time.
The XXII Mountain Corps reports: (That was the defendant Lanz.)
"In reprisal for attack on truck North of Agrinion, reported yesterday 3 band villages destroyed. Telephone sabotage in the area North Preveza and North Philippia."
That is Commander in Chief Southeast, High Command Army Group F.
The next one is again a report of the corps, at that time commanded by the defendant Felmy, and a daily report from the Commander in Chief Southeast and it states:
"During the course of reprisal action in the area of Kalavritha, 1 village and 2 monasteries destroyed. During local operations in the area of Levadaia by Polish Regiment 18 after contact with the enemy in Evangelistra, village burned down."
This "Polish" is obviously a mis-spelling and should be "Police Regiment 18" not "Polish Regiment 18", but "Police Regiment 18".
THE PRESIDENT: We will take our morning recess at this time.
(A recess was taken.)
THE MARSHAL: Persons in the courtroom will please find their seats.
The Tribunal is again in session.
MR. RAPP: If the Tribunal pleases, there may be a possibility that the Prosecution today, before recess this afternoon at 4:30 will get through with Document Book XVIII which will be offered as soon as we get through with Document Book XVII.
Therefore, we would like to ask the Court's permission to ask that the witness, Hans Felber, the former General Felber who was the Military Commander Southeast, be called, possibly already late this afternoon if we get to it, as a court witness.
Now, the purpose for calling him as a court witness is simply that Felber, if I am correct, I believe since about the 26th of April 1946 has been promised by the United States authorities to be extradicted to Jugoslavia. Of course, at that time the first case was still in trial and there was a possibility that Felber, in connection with the General Staff at that time, was to be called either as a witness for the prosecution or the defense and the extradition, with the agreement of the Jugoslavian Government, was postponed month after month.
When the first case was over, your Honors, the American Historical Division of the United States Army asked that General Felber be held for a longer time in custody of the American authorities for the purpose of exploiting him in that direction.
Felber, at one time toward the end of the war, commanded an army and they wanted to get their records straight. They are writing the history both of the German and American Army and they needed him for that.
Then this case right now was started in the preparatory state by the prosecution and we found out that Felber was a very important man and that he had a lot of information which we would like to get and we asked again the Jugoslavia government at that time through channels to please leave this man here for a few more weeks or a month.
Now, Felber was about through in April or May of this year and we were practically ready to go on with the case within a month of that time. For various reasons this case was postponed. Meanwhile we had received, both from the American ambassador Murphy's office in Berlin and also from General Clay's office, practically direct orders that now the time had come that Felber must be extradited to Jugoslavia, come what may, and this, of course, we were in no position to refuse inasmuch as the United States Government already had promised General Felber by now more than a year and a half ago.
We have not talked --- that is, the prosecution have not talked --to General Felber nor have we seen him --- nor any members of the prosecution, I believe, since about the very early days of May. This is August now.
Felber is going to be indicted in Jugoslavia and we have seen some of the charges Jugoslavs propose to bring against him. It is for that reason, your Honors, that we suggest to you to approve that Felber be called as a court witness rather than as a prosecution witness because as a prosecution witness he may have to testify to matters which may incriminate himself later on at his trial before a Jugoslavian tribunal.
Now, before the military tribunals in Nurnberg we had a similar precedent case. In the medical case, Judge Beals presiding, there was a witness by the name of Walter Neff who was also called as a court witness in lieu of a prosecution witness because the prosecutor McHaney at that time felt that Neff possibly would be tried at a trial in Dachau and therefore, he may like to refuse to answer questions which may possibly incriminate him in relation to his trial later on. It is for these reasons, your Honors --- and we also don't know (I may mention this parenthetically now) -- what after so many months Felber may testify to at this time, knowing very well that he is going to be extradicted to Jugoslavia --- that we would like to ask your permission to call Felber as a court witness, possibly late this afternoon if we get to it; that is, that the Court will call Felber as a court witness and so instruct him as to his rights on account of his possible trial before a Jugoslav tribunal.
