Then just below this, and on the same page, appeared these dotted lines, and then the 11th Corps which was at that time part of the Second Army and serving in Yugoslavia. The Corps Commander, Von Kortzfleisch sent this order forward, - It was a Corps order from Corps Headquarters in the 29th, - one day after the date of the original order, the following order is to be made known immediately to the troops.
2.) My orders given in the order of the Corps No. 3 (Corps Headquarters XIth Infantry Corps, Ia No. 616/41 Secret of 27 April 41) under paragraph 2 are supplemented according to the order given below, as follows:
a) The other for shooting hostages in the area of a surprise attack con only be given by an officer of the rank of Battalion (Detachment) Commander (inclusive) and upward. In case a direct attack is made on the unit in the area of unrest and in the place where hostages are arrested, the shooting to death can be ordered by order of the highest ranking officer present; the officer has to report immediately on the event. On principle a short record concerning the shooting to death of the hostages is to be taken down containing:
aa) the facts of the case bb) the names of the hostages cc) the execution
b) Houses and villages from which shots are fired are to be set on fire.
(Initial) S The Commanding General (Initial Illeg.)
(Signature)
Distribution: Kortzfleisch Down to Company level.
There appears the initial "S" and the Commanding general with an initial after it, and then the signature which has been photostated Corps Commander, and your Honors will note the distribution and it goes down to company level in the corps, - the lowest troop units.
I should also like to call your Honors' attention that we have not been able to find the earlier Corps' order which is referred to in Kortzfleisch's order here, but it is worthy of note that when he clarifies that early order, it indicates now that here he is advising them that in the areas of the surprise attack the order of shooting hostages can be given only by an officer, and perhaps we can hear some more about this at a later time, but the implication is there that such were not the orders prior to this. Otherwise, why would he make this statement?
THE PRESIDENT: May I interrupt, Mr. Denney, to ask whether the defendants want the shades put down. Does the sun affect the defendants there. (Shades drawn)
MR. DENNEY: If your Honors please, I do not know whether or not on the next page, where there appears an excerpt from Document NOKW1198, in your Honor's book, on page 16; if it does appear we request that it be disregarded at this time. You can tear it out, or just cross it out. It is not being offered now.
The next document we come to is on page 17 which is NOKW 1145, which we offer as Prosecution Exhibit 6 in evidence. I might say for the benefit of the counsel for the defense that the page which is disregarded is not in the German copies. It was just a mistake that the page was inserted in the English, is all.
THE PRESIDENT: The Court wishes to make this statement, to the effect that where there is an exhibit offered, and there is no statement in the record of any objection, it is presumed that it will be received in evidence without objection, so you will keep that in mind in further proceedings before this Tribunal.
MR. DENNEY: For the sake of the record, that applies to the exhibits which have already been offered, your Honor?
THE PRESIDENT: Yes.
MR. DENNEY: Thank you.
Exhibit NOKW 1145, Exhibit 6, is a copy of an activity report from second army commanded by the defendant Weichs, in Yugoslavia for the period 25 April to 20 June, 1941.
The parts which we offer are considerably shorter than those which appear in the complete document. However, the complete document has been offered and has been made available for this period.
DR. LATERNSER: Mr. President, I regret that again I have to intervene. I would like to ask you who has made this copy; whether it was made in Washington from the originals or whether this copy has also been found in the files that have been captured. We must first clear some of these fundamental questions. We, as defense counsel, must have these questions explained. On this document it says, " copy". I don't know who made this copy.
THE PRESIDENT: Counsel for the prosecution, perhaps, can advise defense counsel as to this matter.
MR. DENNEY: If your Honor pleases, the document is a photostatic copy of a document which is in the files in Washington. The only writing which appears on any of them are the document numbers which we have placed on them. The Abschrift which appears here in German was on the document when it was photostated.
DR. LATERNSER: I regret that it is not quite clear to me. My interest is centered on the following questions: I assume, without any further question, that in Washington the original of all war diaries are deposited. Since the original cannot contain the word "copy", it must have been copied. The question is, is this a copy, which has been captured or has this copy been prepared in Washington? I cannot see it from the document itself, and it would be important in order to judge what value we must later give to this document.
MR. DENNEY: If your Honor pleases, I believe that if Dr. Laternser had looked, he could see that obviously we did not copy the document in Washington, because the three pages which are here all bear German printing on them, on the top, and the cover page, which has been photostated to show from whence these three pages came, is photostated exactly as it is except for the number which is placed on it, and these are photostats, in every case, of original German documents, not photostats of copies made by the Americans in the German language. These documents have been preserved exactly as they were taken and I believe if Your Honors care to look at this, that it will be plain.
(Document handed to court for examination)
THE PRESIDENT: May I make this statement, Mr. Denney? That up to the present time, all that counsel has, -- the only statement that counsel has made has been an inquiry. There is no objection pending before the Tribunal.
There being no objection pending, and the counsel for the defendant having received this information, unless there is something further to present to the Tribunal we shall proceed.
MR. DENNEY: The cover page states-
DR. LATERNSER: Mr. President, this extract, as I must again point out to the counsel, because it is the basis of the whole proceeding and the future procedure, -- this extract which is being submitted in this case, is a conglomeration, so to speak, and it is not probable that it should have been prepared previously, because no German agency would never have been interested in it, though on these pages, the heading, appears in German printing, it is very possible that empty diaries have also been captured, forms of which have been used for copies in order to make them look verbatim, and in order to use them here in these proceedings, I would understand this. The question should to be cleared very thoroughly, and until this question is cleared I object to this exhibit. Whether this copy has been made in Washington, then it would have to be certified, in order to have a basis on which to work, whether this copy has been found in its present form, - that is a very important question.
THE PRESIDENT: The objection will be overruled.
MR. DENNEY: The first entry which appears on the cover page is "During this period the 2nd Army was immediately subordinate to the OKH." In other words, that means that the chain of command in the 2nd Army, which was commanded by the Defendant Weichs, did not pass through anyone else, but went directly from him to OKH, the so-called Oberkommando, which is synonymous in our Army to the Army, that is, as opposed to the Navy and the Air Force, and OKH, of course, was subordinate to OKH. And then there are a few notes that the activity report was kept by two lieutenants during the first period and by one during the latter period. The first entry which applies to the 4th of May speaks of "Mopping up operation Propastica took place according to plant and successfully. The enemy encountered (up to now 50 men) has been shot to death. 253 hostages were seized. The villages of Propastica and Disevci have been destroyed by fire. The units of the 294 Infantry Division and/or of the 4th Mountain Division will be transferred to their final quarters by E-Transport and by cross-country means." And then it has something to do with the II Army Corps in the evacuation of the Army troops from Yugoslavia. In the entry under the date of 11 May for Belgrade, it says something about the XI Corps under the 2nd Army: "Units of the 60th Motorized Division on 10.5 near Prijepolje encountered armed band 3 men and 1 woman and on 11.5 in the morning near Pozega (15 Kilometers East of Uzize) they encountered a band of 4 men. "It does not say whether or not the four men were armed; it just says they encountered a band of four me. "All members shot to death and hanged." And then there is an entry about the 704th Infantry Division which we may avoid.
And then there is a report from the 12th of May for Belgrade it states that "In the area IV Artillery Regiment 132 (15 kilometers Southeast Zabreb) a soldier of the unit was hit by a bullet and wounded. After investigations had been concluded, 8 Serbs were shot to death and hanged." Under the date 14th May for Belgrade it says, "In reprisal for firing on a motorcycle rider - as reported in daily report of 12.5, paragraph 2b - 3 Serbs wore shot to death and 10 hostages seized." The next document, which is NOKW-1151, is offered as Exhibit 7 in evidence. This is a communication from the Army Commander in Chief Southeast, who at that time was the Defendant List, and it was received by the Commander in Chief Serbia. He inquires as to whether or not -- this is on 27 June 1942 -- when he asks "Is Russian radio report of alleged murder of two German soldiers in Belgrade and subsequent order of shooting of 100 Serbian hostages correct?" Then the next page, page 2, is the answer from the Commander in Serbia to the Army Commander Southeast, and it states that the "Russian radio report in so far incorrect as at present no such occurrence. The occurrence in question goes back to the end of April - details about it later." Then the Commander in Serbia writes on 2 July to the Commander Southeast, Defendant List, referring to a telephone conversation of 27 June 1942, "Subject: Russian Radio report," and it says, "In supplementation of our teletype message Command Staff Department Ic No. 108-41 Secret we present below the occurrence which may have been the basis of the Russian radio report." This is the document concerned with the former telegram or teletype on Page 2, which is apparent from the document number which it has from the Serbian Commander, No. 108/41, which appears in the second line of the letter and which also appears on the third line from the bottom of the telegram.
He continues in his reply of 2 July, "From enclosures it is to be seen that, during the month of April, 1941, a detachment of a Division of the 2nd Army Command was sent to carry out the disarmament of a Serbian village. In the course of this operation the leader of the detachment was shot by a Komitadschi band, another officer and a Wachtmeister were severely wounded (unit and place are not known here). On the basis of this occurrence the Commander in Chief of the 2nd Army, (who was then Defendant Weichs), issued the enclosed order of 28 April 1941 which was followed by the poster (a copy is enclosed) concerning the shooting to death of 100 Serbs and the threat of the same reprisals for similar cases. Whether or not and where the Serbs actually were shot is not known and could only be ascertained by inquiry at the 2nd Army Command." Of course, at this time, 2 July, when this letter was written, the 2nd Army Command had left Yugoslavia late in May, the headquarters returned to Munich, and the Army was being reformed to move to the Eastern front, where early in July it was committed in the line, under the command still of the Defendant Weichs, as part of an Army Group under the then deceased Field Marshal von Bach. This letter of the 2nd of July, from the Serbian Commander to the Defendant List, as Commander of Southeast, was signed for the Commander in Serbia by the Chief of Command Staff Gravenhorst, a Lieutenant Colonel on the General Staff. And it is to be noted that there are two enclosures which have been referred to in the letter to the Defendant List. Now, this first enclosure is the same as Exhibit 5, which was NOKW-1198, the order of the Commander of the 2nd Army, XI Corps, which was presented two exhibits ago.
And if Your Honors will examine it, you will see that it is dated the same as the Weichs orders which was sent forward by Kotzfleisch of the XI Corps, and the provisions are the same. They cite the Division detachment's going out to disarm the Serbian village, meeting the Komitadschie in Serbia uniform and the divisions "a" to "e", and it continues. However, there is a distribution list on this which was not on the copy in Exhibit 5, which appears on Page 24 in the English, and shows that down to and including battalions, General Commandos, Divisions, and Local offices: in draft, and for information to the Military Commander in Serbia. The next page of the letter of Colonel Gravenhorst, however, introduces the poster, which was not available in the earlier copy, Exhibit 5. This poster is listed as an enclosure. Gravenhorst says a copy is enclosed, and this provides that it can "be posted up in not yet pacified or endangered villages." "Serbs.' -- By mean and malicious surprise attacks German soldiers have lost their lives. German patience is at an end. As atonement 100 Serbs of all classes of the population have been shot to death. In the future 100 Serbs are to be shot without consideration for every German soldier who comes to harm as a result of a surprise attack conducted by Serbs." And below that is printed, "THE COMMANDER IN CHIEF OF THE ARMY".
That is the defendant Weichs. He was the commander in chief of the Second Army at that time and there is a note that on the placard - that is, on the poster - the text also appeared in the Serbian language.
The next document is NOKW-1206, which we offer as prosecution's Exhibit 8 in evidence, which is a report of 17 May 1941 by the 60th Motorized Division, which was part of XI Corps, with reference to certain reprisal measures. It is a report about the conditions in the billeting area Lesnica - Valjevo - Cacak - Sjenica - Prijepolje - Visegrad. I might say that, just to keep it in mind, the XI Corps was part of the Second Army, as Your Honors will recall.
"The area where the division is quartered is old Serbian territory with the exception of the areas around Visegrad, Prijepolje, and Sjenica. Accordingly the population is almost purely Serbian; Visegrad and its surroundings belong to former Bosnia and have a predominantly Bosnian Mohammedan population. The districts Prijepolje and Sjenica are situated in the Sandschak of Nove Pazar occupied by Austria from 1878 until 1908. The area Prijepolje-Priboj-Nova-Varos is predominantly inhabited by Bosnian Mohammedans mixed with Serbs; the area around Sjenica predominantly by Albanians."
Then when we get down to the Serbian areas, they say that:
"Complete peace exists in the towns and larger villages. So far the population has remained very reserved. It was still living under the effects of the shock of the past events, which only now is beginning to wear off gradually. But one cannot yet say that life has already resumed its accustomed course.
"In the country the population is still occasionally disturbed by armed bands, who force the population to give food by force of arms and do not shrink back from murder in case of refusal. In Pozega and north of Sjenica the division was able to capture armed detachments. The prisoners, altogether nine men and a woman, were shot and hanged according to the order of the commander-in-chief of the Second Army. The unit has not suffered any losses through armed bands.
"Before the arrival of the division there was a resistance on 21 April during a search in the village of Dobric (three km south of Lesnica) and thereby one lieutenant was killed and one lieutenant and one sergeant were wounded. The village of Dobric was burned in retaliation. The order that 100 Serbs are to be shot for one German killed did not exist at that time."
Now, if we might interrupt for a moment here - this is a report which is dated 17 May and it recites an occurrence in a divisional area of the XI Corps of the Second Army in Yugoslavia, this occurrence having taken place on the 21st and he said that all we did was burn the village because the order for shooting a hundred Serbs didn't exist at that time, so this clearly shows that this order got down to the lower combat units, the division. It continues:
"Brigandage is an occurrence not unusual in the Balkans, and also in peacetimes it has not been possible to have it stopped completely. Since the war these bands have received additions through adventurers, stragglers, and other elements, and have nothing to lose, and on account of the dwindling of the previous state authority, especially the gendarmes' limited ability to act and its political unreliability, they have found a rich field for activity.
"Beside this kind of purely robber bands Serbian political fanatics have united in several places under the name of 'Cetnik'. By terrorizing the population they had to cause the latter to rebel against the German occupation forces, to force the mayors in areas not under Serbian administration to tolerate the Serbian elements of the population. The Cetniks assume the appearance of a large and extensively planned organization."
Now here we have less than a month after the capitulation of Yugoslavia and we have a division commander through his appropriate staff officer reporting to corps command that at this time less than a month after the capitulation of Serbia the Cetniks assume the appearance of a large and extensively planned organization. Then to continue with the letter:
"But the fact that they dare to appear only in small and far remote communities proves their true power. In the imagination of the population the Cetniks are surrounded with a much exaggerated halo, which all results in fear of them.
"In the treatment of armed bands, it makes no difference whether they are Cetniks or ordinary robber bands. Anyone who is found with unauthorized weapons has forfeited his life.
"Recently bands have still caused alarm in the area north of Sjenica and in the area northeast of Uzice. The difficulty of access to the mountainous country favors the hiding of such bands and makes search operations extraordinarily difficult. Even after a search has been carried out, it can never be said with certainty that the area covered has actually been mopped up.
"According to a recently received report, the Serbian population in and around Ivanjica takes completely unsuitable self-confident attitude. It seems that it regards the present conditions to be only temporary. The authorities and especially the gendarmes in this area comply with German instructions only very hesitatingly and reluctantly. So far Ivanjica has had no German troops stationed there. It seems necessary to do this in the future to have the German will respected in the area. Purging the Serbian administration there of unreliable elements will be necessary for this.
"Reports from the rural communities concerning threats by bands and calls to the troops for help have often proved to be greatly exaggerated. A detonation in the townhall at Prijepolje, reported to be a bomb attack, was found to be only an accident caused by improper handling of ammunition collected there. Components of the division and vehicles moving singly were not attacked in any instance or ambushed. In the area north of Rogatica a burst of machine gun apparently from the west bank of the Drina was directed in the vicinity (about 200 meters) of a car being driven there. Investigations remained unsuccessful.
"The Gendarmerie has been set up again in Serbian territory. Its members authorized to carry arms on duty. It is their task to ensure peace and security for the population in cases of reported unrest in the country caused by bands. Only when their power is insufficient will the employment of troops be considered. As long as the Gendarmes remain loyal, it is expedient to employ them extensively and to support them. However, at the present time they need the strictest supervision as their political reliability is concerned.
"The administration in the Serbian territories is being gradually built up again. Control over setting this up rests with the headquarters appointed by the Military Commander of Serbia, administrative sub-area headquarters Uzice, town headquarters at Sabac and at Kosmitrovica. All measures which were effected by the units concerning behavior towards the civilian population must be discussed with these headquarters beforehand, in order to avoid contradicting instructions."
And they continue with areas of mixed population, speaking of Serbian troops being stationed there and employed on guard duty. I don't think we need to read that section. However, it is the last page where they speak of:
"In Sjenica predominantly Albanian Mussulmen live. The Croatian influence is not liked by the population there. For this reason a Croatian detachment of gendarmes, stationed there in the beginning, was withdrawn at the request of the local German commander. The area is also claimed by the Croats, also if possible the entire former Sandschak of Novi Pazar. The main reason for this seems to be to establish a separation, a corridor, so to speak, between old Serbia and Montenegro." And he speaks of "a map showing the areas claimed by the Croats was presented to corps headquarters, XIth Infantry Corps.
"Otherwise opinions are continually arising variously populated territories, mainly among the Mohammedans, who want to have these placed directly under German rule."
And then in summing up:
"The area where the division is stationed can be regarded as pacified. Occasional disturbances which still occur are not of far-reaching importance. By means of immediate ruthless handling this disorder will be kept within the limits which are usual in this country."
A copy went to the corps, to the administrative sub-area headquarters, and also to the division. I don't know whether or not Your Honors' books contain a document listed NOKW-1061. If they do, that is an error.
The next document is NOKW-1522, which is page 33. This is offered as Exhibit 9, NOKW-1522. It is the directive of Hitler, initialed by Keitel and Jodl, for the attack on Crete, "Action Merkur", and also contains some provisions with reference to the various authority in the Southeast as set forth by the Supreme Commander of the Wehrmacht, Hitler, at this time. It is to be remembered that the campaign, so far as Greece and Yugoslavia, is over, that the attack on Crete which is referred to here, "Operation Merkur", is about to come, that List is in the Southeast with his Twelfth Army, and that this is around the time when Weichs is getting ready to withdraw to Germany to go to the Western Front. The copy which we have here is the eighth copy, the first copy received by OKW as the distribution shows, and it is dated the Fuehrer's Headquarters, 17 May 1941, and is Directive No. 29.
The first paragraph speaks of the aim of the Germans in the Southeast to drive the English from the Balkans and to extend the basis for the commitment of the German planes in the eastern Mediterranean and that it will be improved by the execution of the attack on Crete.
He then provides, "In the future, the security of the Greek area will be the task of the Italians apart from the exceptions enumerated below. Consequently, German authorities are not to participate in general questions concerning the security and the administration of the country. In particular any activity as mediator desired by the Greeks is to be rejected."
Then he speaks of arrangements made for bringing up supplied and then he gives directions to the Army:
"Only forces urgently required for the security of the supply base for operation 'Merkur', which are to be closely consolidated locally, will remain in Greece; and, a division near Saloniki," where he refers to a map which is Figure 3, that went forward which we have not been able to find, "which is also charged with the security of Lemnos and other islands which might possibly remain occupied.
"Until the conclusion of operation 'Merkur' however, all areas used for jumping, including the islands intended for this purpose, will have to remain in German hands. All forces superfluous in accordance with this regulation are to be withdrawn as speedily as possible.
"The Italian High Command will be instructed to make all arrangements required for the rapid taking over of Greece with the Commander-in-Chief of the 12th Army. He will transfer his headquarters to Saloniki as "Commander-in-Chief of German Troops on the Balkans'", that is, referring to Commander List, who at that time was Commander of the 11th Army, this transfer to be made "as soon as the situation (Operation 'Merkur') permits it."
Then he has some directions with reference to the Luftwaffe. The only part we have to be concerned with is the sentence under the fourth line wherein he says: "It has been ordered to cooperate with the 12th Army (Commander of German Troops on the Balkans) for the defense of the Balkan area." Then some additional order with reference to cooperation of the Africa Corps and then "Territorial directives which require coordinated ruling on the Balkans will be issued by the 12th Army for the X Flieger Corps also."
Then he speaks of the ground personnel, and then turning to the Navy, there are some directives for them which are concluded. I don't think we have to read those. At the end it says:
"The German Wehrmacht alone is the authority concerning all military measures around Saloniki. The exact delimitation of this area will be suggested by OKH (Commander-in-Chief of the German Troops on the Balkans.)
"4.) OKH will regulate the Administration of Greek areas to be occupied by German troops by agreement with the Plenipotentiary of the German Reich in Greece. As far as possible, the Greek Administration is to be used and German offices should not be installed.
"5.) 'Military Commander Serbia' is to receive from OKH all the authority and the security troops required for the fulfillment of his urgent economic tasks in order to enable him to complete his mission independently.
"6.) I am expecting reports of the Commanders-in-Chief concerning the measures taken, pursuant to this directive and arrangements made with the Italians."
Now, from this letter it is apparent that at this time the Military Commanders Serbia were acting independently. However, we shall see shortly where the Military Commander Serbia was brought under the command of the defendant List when he becomes the Armed Forces Commander Southeast. And, this distribution list shows how the orders went out from the Wehrmacht, that is OKW, and a little later we have the same order going from the Wehrmacht to OKW, that is, from OKW to OKH, and then on down, so your Honors can see how that is handled.
The next order is Document NOKW-1382 which we offer as Exhibit 10. This, if your Honors please, is the one which has reference to the collecof free Mason lodges and materials from Jewish organizations which was referred to earlier in the unsigned letter which was offered and rejected. This is a report from the Commander of the Rear Army Area 560 and it is dated 21 May 1941, Athens.
"Subject: Commitment of the offices of Reich leader Rosenberg in the army area.
In compliance with the orders of the 12th Army," at that time it was commanded by the defendant List, "of 19 April 1941, Department 1c/AO No. 1031/41 Secret, there is in operation, in the area of the 12th Army a special detachment of Reichs leader Rosenberg which has the task of examining state libraries, archives and offices of the high church authorities, Free Mason lodges and Jewish organizations for political incidents directed against the Reich and of having the material in question confiscated.
"The special Detachment Rosenberg - Lieutenant von Ingram - is subordinated to the Commandant of the Rear Army Area, until further notice; the Headquarters of the office is Athens. The address reads as follows:
"Special Detachment Rosenberg, Field Post No. 14894. In Saloniki, in consideration of the exceptional propagation and the influence of the Jewry there, a permanent work group will be established there soon.
"By an order of the 5th of May, the Special Detachment in Athens has already been assigned for administrative purposes to the administrative sub-area headquarters 811. In the same way, the assignment for administrative purposes of the work group Saloniki will be made to the administrative sub-area headquarters there.
"The administrative sub-area and local headquarters will be informed concerning the activities of the Special Detachment Rosenberg and will be instructed to give every possible support to the Representative of Reich Leader Rosenberg in the execution of his tasks. To carry out confiscations, officials of the Secret Field Police, Geheime Feldpolizei, may be assigned on request to the Special Detachment.
"At the same time, the administrative sub-area and local headquarters are instructed to report from time to time concerning Free Mason lodges, synogogues and Jewish organizations of all kinds as they become known."
"For the Commandant Rear Army Area.
The Quartermaster, (Signature illegible) Lt. Colonel (initial illegible)."Now this task force Rosenberg which we will be able to better identify the works of Mr. Rosenberg at a later time, is here shown to be subordinate to the Commandant of the Army Rear Area.
The local Headquarters and sub-area headquarters to which they are attached is only for administrative purposes and it is to be noted that this unit is commanded by a Lieutenant, and Army officer; that they have one now working in Athens; that they will set one up in Saloniki and that in cases they need them they can call upon the Secret Field Police to help them out whenever special confiscations are made.
The next document is NOKW-929 which is offered as Exhibit 11 and is an affidavit.
THE PRESIDENT: Mr. Denney, before you start in with this exhibit it is now very close to 1215. The Tribunal is inclined to try an experiment to see whether we make haste by giving a little time. We shall adjourn now until 1:30.
(A recess was taken until 1330 hours)
AFTERNOON SESSION (The hearing reconvened at 1330 hours 16 July 1947.)
THE MARSHAL: All persons in the courtroom will please take their seats.
The Tribunal is again in session.
THE PRESIDENT: May I inquire of counsel for the defendants as to whether or not they have had sufficient time for lunch?
DR. LATERNSER: Yes, Your Honor.
THE PRESIDENT: Very well.
MR. DENNEY: May it please your Honors, the next document is NOKW-929 which is a combination of an affidavit by the defendant Foertsch dated -
THE PRESIDENT: What page, please?
MR. DENNEY: I am sorry, sir -- page 40, Document Book I, page four zero, dated March 18, 1947; and in conjunction with it is submitted his service record, the whole exhibit being -- I beg Your Honors' pardon -- 929 is Exhibit No. 11. Is that right, Major Hatfield?
MAJOR HATFIELD: Yes, Sir.
MR. DENNEY: 929 is received as No, 11 but we haven't gone into it. The next one is 1559 which is a service record, which will be 12.
THE PRESIDENT: I believe it might be well to read this affidavit because it gives a fairly short but complete description of the defendant's military career and perhaps can save some time later on.
THE PRESIDENT: May I inquire as to what the document is to which you are referring?
MR. DENNEY: 929, NOKW, Your Honor. It is on page 40.
"I was born as the son of a manager of an estate in Frahnow (West Prussia) on April 4, 1885. I attended the elementary school for three years. I then went to the Humanistische Gymnasium in Filehne and later in Schneidemuehl. I graduated from the last named in spring 1913. I joined the 175th Infantry Regiment in Graudenz as an officer candidate in March 1913.
After having been assigned to the war academy in Potsdam (November 1913 until July 1914) I was assigned to the 175th Infantry Regiment with the rank of lieutenant. With this regiment I went to the front as a Platoon Leader. And I participated in the battles of the XVII Infantry Corps in East Prussia, Poland and on the Western Front. I was transferred to the 7th Assault Battalion as Company Commander and fought in the West until the end of the war. In 1919/20, I commanded a volunteer company with the rank of first lieutenant (since 1917). I was employed for the security of the Army Command and also in combatting interior unrest. In World War I, I received the Iron Cross 2nd Class in 1914, the Iron Cross 1st Class in 1916 and the Order of the House of Hohenzollern in 1918. 1921-25 I was assigned to the Training Course for assistant chiefs of Staff, two years with the Muenster (Westphalia) Wehrkreis, one year with the 17th Infantry Regiment in Brunswick, 2 years with the Reichs Wehr Ministry in Berlin. Of the last mentioned, I spend one year as Ordonnanzoffizier (Adjutant) of the Chief of the truppenamt. Having successfully concluded my training as assistant Chief of Staff I became Press liaison officer in the Reichs Wehr Ministry from 1925 to 1930 and I was charged with evaluating and advising the German Press and the Military Periodicals. I was promoted to Captain in 1926. I was Company Commander of a rifle company in the 17th Infantry Regiment in Goettingen from April 1930 to August 1932. After that I was transferred to the Reichs Wehr Ministry as Press Chief of the Ministry with the rank of Major. Later I became a section Chief "Inland" (Internal Affairs) and I was charged with handling all general problems pertaining to the Wehrmacht. I was transferred to Treptow (Pomerania) as a Batallion Commander in the 4th Infantry Regiment. There I was promoted to lieutenant Colonel in 1936. In fall, 1936, I was assigned to substitute for a sick instructor in the War Academy in Berlin. Subsequently I was transferred there. I became a Colonel in 1938. At the outbreak of World War II, I was Chief of Staff of Wehrkreis VIII in Breslau.