THE PRESIDENT: It is apparent to the Tribunal that this particular document, even though it may be of a general nature, is indicative of a general plan, although we're restricted and will restrict ourselves to that which pertains to particular individuals and particular actions, yet we feel that it does not indicate a plan and a course of action which at least bears out that fact. For that reason the objection will be over-ruled.
MR. DENNEY: This order is dated the Fuhrer Headquarters, 23 July 1941, the Chief of the High Command of the Armed Forces, Top Secret, by officer only. The parts with which we are concerned particularly show that it is a supplement to Order No. 33.
MR. DENNEY: "On 22 July, the Fuhrer, after receiving the Commander of the Army (who at that time was Field Marshal von Brauchitsch), issued the following order with a view to supplementing and enlarging Order No. 33." We will find it on page 62 in the German text, paragraph 6, provides "In view of the vast.
..."
EXTRACT TRANSLATION OF DOCUMENT C-52 OFFICE OF U.S. CHIEF OF COUNSEL Top Secret By Officer only.
Führer Hq, 23 July 1941 Chief, High Command of the Armed Forces No. 441254/41, Top Secret, by officer only Armed Forces Operational Staff/Dept.
L (1 Op) (Note:
Several hand-written routing notations and rubber stamp) Supplement to order no.
33.
1 to 5: (strategic measures) 6. In view of the vast size of the occupied areas in the East, the forces available for establishing security in these areas will be sufficient only if all resistance is punished not by legal prosecution of the guilty, but by the spreading of such terror by the occupying forces as is alone appropriate to eradicate every inclination to resist among the population.
The respective Commanders, with the troops available to them are to be held responsible for maintaining peace within the regions where security is their responsibility (Sicherungsräums), not by demanding more security forces, but by applying suitable, draconian measures.
(Signed) Keitel Distribution:
CERTIFICATE OF TRANSLATION OF DOCUMENT NO. C-52 24 November 1945.
I, PAUL W. FREEDMAN, S/Sgt. 33799122, hereby certify that I am thoroughly conversant with the English and German languages and that the above is a correct and true translation of Document No. C-52. EXTRACT.
PAUL W. FREEDMAN, S/Sgt. 33799122.
MR. DENNEY: Of course, it was necessary -- and the order is signed Keitel -- of course it was necessary that an order like this come out at this time because in July 1941 the German forces were considerably spread out. They had a tremendous Eastern front. They were occupying the Southeast countries, about which we have heard much. They were occupying Holland, Belgium, Denmark, Norway, and France.
DR. LATERNSER: Mr. President, I regret to have to speak here again in this matter, and here I refer to a usage which was customary before the International Military Tribunal in cases where it could not be looked upon as just that the Prosecution's referring to only part of the document, and when this part is referred to it will have to be followed by an incorrect conclusion. The Court ordered that the whole document would have to be submitted. I refer to this usage and apply that the Prosecution, which so far in its Document Book only gives one figure of the order which contains six figures. I apply to this Prosecution add the other five figures and that they read them during these proceedings. It cannot be right merely by referring to one figure. The facts of the case which are to be proved by this document are shown in another light. It will be shown from the first five figures that this order was meant in a completely different sense than the Prosecution has just read, and it will be shown by reading the other figures. That's what I have to say in this connection, and it is conformity with facts.
MR. DENNEY: If Your Honor pleases, this is exactly the way the exhibit was introduced in the International Military Tribunal and to my knowledge it has always been available to counsel for the defendant to offer such other parts as they want. If we translated every part of every document, that is just a practical impossibility. We do give them the complete copies. They have had them. That is a very old document. Dr. Laternser has seen this before because it is a "C" document.
THE PRESIDENT: May I make this statement. The tribunal has been advised that the translation department is being burdened with a great deal of work and that due to the fact that six courts are now being operated, they have just about reached their capacity in handling the volume of translations that are presented to them. I am expressing the thought of all the members of the tribunal, I believe, when I state that if Dr. Laternser and his associate counsel wish to call to the attention of this tribunal at this time any matters of importance which are not shown by the English translation and which they feel are material to a fair and proper presentation, this tribunal will not have any objections to their doing so and I take it that the prosecution would not object.
MR. DENNEY: No, your Honor. I don't object at all.
THE PRESIDENT: Now if there are any matters concerning this particular document which the defense counsel wish now to present to the tribunal, they may do so through the interpreters.
DR. LATERNSER: I thank you, Mr. President, for the opportunity which you have given me. I will be quite brief. I will only say that the first figure of this order refers to the Southeastern part of the Russian front. Figure two refers to the center sector of the Russian front, and part three refers to the Northeastern sector of the Russian front. The figures 4 and 5 - figure 4 contains the announcement that the high command of the army will have to reckon in the further course of events, that Troops will have to be withdrawn from parts of the Russian fronts.
Figure 5 refers to the activity of the navy and the air force, also with respect to the north and the transfer of military aircraft, the Finnish area and the area around Smolensk, and then figure 6 begins, which the prosecution has submitted here, and that is my conclusion that this order was valid for the cast and should therefore have been rejected is in conformity with this order.
THE PRESIDENT: The Tribunal will adhere to its former ruling. Counsel for defendants will keep in mind the statements which this tribunal made in its prior ruling, that it is to be considered for what it shows as possibly indicating a general plan and is accepted for that purpose in so far as the conclusions of the courts are reaching in ruling upon this matter. You may proceed.
MR. DENNEY: Thank you, your Honor. The next document is No. NO2952, which is offered as Exhibit 26 and these are extracts from a report of the Chief of the security police and the SD in Berlin, and there will be a later tie-in with reference to one of the instance here to army reports.
Under the heading of Yugoslavia.
The Chief of the Einsatzgruppe of the Security Police and the SD in Belgrade reports.
On 25 July 1941 at 1520 hours in Belgrade an unidentified Jew wearing the yellow brassard threw a bottle of gasoline at a German motor vehicle in an attempt to set fire to the automobile. He was prevented from doing so and escaped. On the same day three more incidents, unidentified culprits threw bottles of gasoline at German motor vehicles. In an identical incident a sixteen-year old Serbian girl was arrested. She admitted that she was incited to the deed by a Jew. In reprisal 100 Jews were shot to death in Belgrade on 29 July 1941.
On 26 July 1941 the Wehrmacht Liaison Office reported that a Communist plot to bomb radio broadcasting station Makisch was planned for the evening of the same day.
On the basis of this report, members of the Linsatzkommando Belgrade were able to arrest the culprit while he was transferring the bomb. The bomb weighs about 3½ kilograms and was to be filled with Ecracite. The plotter had received a 6.35 pistol and a pineapple hand grenade for his defense. The main culprit who was established by this arrest, committed suicide.
In addition three Jewesses in whose house the instigator of this attack resided were arrested. The prevented attack aimed at the blasting of radio broadcasting station Makisch. If the demolition of the broadcasting station had been successful, the Ministry of the Interior was to be blasted. After this demolition it was intended to blow up the airplane plant in Rakobica with all its workmen.
And then there is a recital about the band printing money and attacks on motor pools and the destruction of trucks of the German forces. Then over on the entry of 29 July, "On 29 July 41 at 0500 hours 100 Jews and 22 communists will be shot to death in Belgrade. On the same day 200 communists from the Banat who were arrested previously will be shot to death in Gross-Betschkererk. The population will be informed by the press and the radio of the executions. They will be requested to cooperate actively in combatting the Communist movement in order to prevent any further bloodshed.
And then they recite that a piece of rail had been removed and a blasting and another railroad bridge having been blown. Then follows the distribution list with again the OKW getting a copy. It is not clear for what reason the 100 Jews and 22 communists were shot in Belgrade, or why the 200 communists in Banat who had been previously arrested were to be shot. It is clear that they were going to publicize it amply and the prior entry with reference to the motor pool apparently refers to the 26th or the 27th of July, the recitation being that the activity took place on the 27th and the note being under the date of the 26th. At a later time, we can show how these same instances were reported by the Wehrmacht.
The next document is NOKW-1100, which is a communication from the Wehrmacht Commander Southeast to the Commander in Serbia. It will be Exhibit No. 27.
"To Commander Serbia--S e c r e t. OKW deems it requisite that death sentences for sabotage be carried out by hanging and in addition that all other means of intimidation which are customary with the residents of the country be employed." It is signed "Wehrmacht Commander Southeast."and is dated 29 July 1941.
It is submitted that the language used there is at least suggestive of the language of the Higher Keitel order.
The next document 1128 is offered as Exhibit 28. This is from the Commander of Serbia to the Wehrmacht Commander Southeast and refers to an order of 2 August 1941. At this time, the defendant List was still commander Southeast and the defendant Foertsch was his chief of staff. The order apparently had to do with counter measures, based on the contents of this teletype. It is dated 2 August 1941 and states:
Up to the 22.6.1941 the situation in Serbia, apart from smaller band activities, which did not effect the German Wehrmacht, has been quiet. Since then troubles have occurred in various places.
Thus far - countermeasure have consisted essentially of surprise police operatives of the SD and of the Reserve Police Battalion 64 with Serbian Police men. Troops have been employed only occasionally as single units which are readily mobile to follow against bands which move easily.
As of 22.6.1941 razzias have been carried out against Communists in co-operation with the Serbian Police and Gendarmerie, whereby a great number of Communist functionaries were gradually arrested.
Approximately 412 Communist functionaries were shot.
Commander Serbia Command Staff / Ia 2.8.41 238/41 secret And bears a note on the bottom which is illegible.
The next document NOKW-968 is offered as Exhibit 29. This contains reports from various administrative and sub-area headquarters in teletype to Wehrmacht Commander Southeast, reports from the SD in Belgrade and on the daily reports to the Wehrmacht Commander Southeast.
1) Lt. Neesen of the 7th Company of the 146th Artillery Regiment shot to death while collecting weapons.
2) According to reliable reports about 3000 irregular Serbian soldiers are still in the area Pokuplje Bojnik (North of Levane) Kursumnija, among them Major of the Reserve Krista Mihailowitsch. Yugoslav officers also describe the last named as a very ruthless and consequently dangerous person. He does not hesitate to shoot down all those resisting his orders and plans. Major M. has appropriated the Army Motor Vehicle DKW Opel Olympia Ia 1542 (Engine No. 397024) as booty of war which had been taken during temporary capture of wounded first Lt. Kleffel by Yugoslav soldiers. However, in addition to this, private property of 1st Lt. Kleffel (black suitacase, yellow brief case with identification and key, gray laundry bag with contents and Zeiss-Glasses, Silvermar and other things). Headquarters in respect to this refers to the report of the 11th Corps on 17 April 1941.
3) During the night from 23 to 24 April 1941, a Serbian band attacked the volksdeutschen officials of the Gold and Silver Mines Leci in Leci (North Medavedja) which belonged to the Hermann Goering Works with machine gun fire and hand grenades. Though lasting several hours, the attack was unsuccessful. A.G. Leci can no longer be reached by motor vehicle. At the request of the OK I/866 (1st Battalion of the 866th Regiment), the divisions of the Divisional Supply Commander of the 294th Infantry Division have gone to Leci today in order to provide to the security of the management on the spot.
Then, there is teletype to the Wehrmacht Commander Southeast, also commander of the 12th Army, "In connection with the finding of explosives reported previously, 10 communists and 3 Jews were shot to death today."
That is dated 5 July 1941.
Then there is an entry 20 July 1941, "a leave train fired upon. While patrolling three armed franc-tireurs shot to death, 11 arrested, Further investigations......"
There is a note containing the number shot to death, Valjevo, Cacak, Uzice, Palanka, respectively 17, 12, 22, 16, a total of 67.
Then the next note on 21 July 1941, "Administrative Sub-Area Headquarters 610, Pancevo, reports on the day before Sunday while executing an operation, the 714th Infantry Division killed two Communists, Southwest of Palanka and captured 16 Communists who were also shot to death subsequently......"
"The Chief of Einsatzgruppe of the Security Police and SD reports on 30 July 1941. According to a report which has been submitted a blasting plot has been executed by unknown culprits on the garage Zuhumska 26 - owner (Codomir Nedeljskovic) and 22 July 1941.
They recite: "The fuse found by the Serbian Police permits the assumption that the attack was carried out with an egg-type grenade...."
"Administrative Sub-Area Headquarters 610, reports by telephone: Leading Communists were shot to death by the local police in the presence of the SD in reprisal for the arson committed."
DR. LATERNSER: Mr. President, I have just looked at the photostat copy which has been given to me in order to judge what kind of document is in question here. I have established the following facts; First, the document has no heading; it cannot be found who wrote it; secondly, the document bears no date; thirdly, it bears no signature. It is just sheets written on the typewriter. It is also interesting, page 1 is not numbered. Page 2 is not called page 2 but page 12. The next page is page 48 and the next is page 49a, the next 57a, the next is called 61, and the next page, for a change, carries no number at all. The last two pages are marked 68 and 73 respectively. Mr. President, in my opinion, the foundation of such evidence is not permanent.
As defense counsel we must be able to determine from whom this material comes, the heading, and it must bear some kind of signature or nape and we would also have to see a date. Because all these essential prerequisites of a written document in order to have any probative value at all, since they are lacking, I must object to the introduction of this document and apply to the court before it passes ruling on the admissability of this document to look at the photostat copy.
MR. DENNEY: Your Honor, these are captured documents taken from the files. It is apparent from the numbering that we have on the left pages that the excerpts taken here are not seriatim. We skrip from 112 to 120, 127 to 136, and it is true that there are pages extracted from a complete report. As to their being signed, unfortunately we don't have anything to do with the way the documents are when they are captured. Certainly, if Dr. Laternser wants the pages in between, if the court deems he should have them, we can send over for them. I don't know what material is in there. They have been screened in Washington and of the seven or eight pages that we have here we have used perhaps half of the material. I believe it is apparent that these are just a compilation of reports based on the various units whose names appear.
DR. LATERNSER: Mr. President, in my opinion, there must be a limit. The indiscriminate picking out of documents and the mix up of documents, I want to point especially to the last page which is marked as No. 73 bears another note under it, 73a is to follow. At least the prosecution should have provided me with the last pages in order to see who signed this document, from whom it originates, also the heading is lacking, It is definitely possible and I maintain it is a private compilation. I don't know from whom it comes and the prosecution also will find no point in the document from whom this document originates.
MR. DENNEY: Obviously, your Honor, it is just a compilation of reports which was captured from their files and as can be seen from what is here the entries one above or below the other don't have anything to do with what went on before.
It is certainly true that there is nothing on it to show. I believe it is apparent from the contents of the document that it is a report which has to do with a military office in Serbia because there is a copy later of the daily report to the Wehrmacht Commander Southeast. There is a report from the SD Belgrade and from various sub-area Headquarters. As I say we are not responsible for the condition of the documents when we get them.
THE PRESIDENT: The Tribunal is conscious of the fact that the documents which have been presented or the translation of these documents which have been presented are fragmentary. If counsel for the defendants wish to make demand of the prosecution for the presentation of these parts which are not shown here, that is their privilege, and failure to produce them or to give counsel the opportunity to know what they show will be considered by the court in connection with its consideration of these particular matters which are shown in this exhibit.
DR. LATERNSER: (Counsel for the defendant List): I agree with you on this proposal, but I request that it should not be allowed until the missing parts have arrived. The prosecution should not be allowed to proceed with the reading of this document because we don't know where this document comes from, who issued it, who signed it. The prosecution does not know that, I do not know that, and for that reason, I ask that until the parts which are missing have arrived, that until then, the prosecution postpone the reading of this document.
THE PRESIDENT: The Tribunal is of the opinion that the consideration of this document and its admissibility, and the reading of it, should not be deferred at this time. I am wondering if counsel for the defendants understood my suggestion as to a demand for it -- on their part, not from us the Tribunal -- but on the part of the defendants of the prosecution. Do I understand the counsel to make such a demand? Dr. Laternser, if you will make such a record through the loud speaker so that it can go into the record rather than by some nod of the head, it would make a better record for the Court and the entire proceedings.
DR. LATERNSER: (counsel for the defendant List): I make the request that the prosecution submit the rest of this document and only then continue reading from this document.
THE PRESIDENT: The Court will make notice of the comments of Dr. Laternser as a request unto the prosecution for the submission of the remainder of these documents; however, the Court will not restrict the reading of these documents that is now before them, and the prosecution may continue with the reading. As the Tribunal previously stated, the failure to present such documents for the benefit of the defense counsel will be taken into consideration by the Tribunal in its consideration of this particular document.
MR. DENNEY: I take it that Dr. Laternser request has been directed to Document NOKW-/968, and the missing pages as shown by the pagination which appears in the document?
THE PRESIDENT: That is the understanding of the Tribunal.
MR. DENNEY: Then, there is a report from Administrative Sub-Area 610. "Yesterday at 1830 hours in Petrovgrad leading Communists were shot to death by the local police in the presence of the SD in reprisal for the arson committed last night."
And then there is the report of sabotage under the date of 26 July -
THE PRESIDENT: What page number are you now reading?
MR. DENNEY: On page 96, Your Honor, that is the second entry from the bottom; out to the left is "120". And in the entry below that they speak of setting fire to a grain silo by the Communists and then that 300 double hundred weights were destroyed. And then the "District Headquarters Petrovgrad...." on page 97, the first full paragraph that starts there about six lines down, they suggest "as a deterrent that 5 of the known Communists who are at present under arrest should be shot to death on this very day."
And then the next entry is a daily report 1-A, to the Wehrmacht Commander Southeast of 29 July 1941. "80 executions by shooting on 28 July in retaliation for attack on Police Patrol on the road of Uzice-Valjeva." And the next entry, "122 Communists and Jews shot to death in Belgrade on 29 July for acts of sabotage in Belgrade previously reported."
The next refers to Wehrmacht Liaison Officer's report with reference to the Serbian Lt. Col Mihailowitsch who is supposed to be the leader of bands, and the balance of the paragraph is an operation report. Then on 1 August '41 "Attacks of smaller bands on Serbian gendarmerie stations and Serbian Mayors' Offices without damage of any extent near Petrovgrad, Pancevo, Topola, and the District Uzice. In reprisal for unrest reported near Petrovgrad, 90 Communists were shot to death yesterday."
And then 6 August '41, "In Zagreb, 4 attackers and 98 Communists and Jewish hostages shot to death."
The next document which is offered as prosecution's exhibit number 30 is NOKW-1114. This bears the signature which is illegible of a Lt. Colonel and is in effect three reports, the second of which starts on page 105, and the third starts on page 109. The first report is dated 31 July 1941 and is directed from the Liaison Office in Belgrade to the Wehrmacht Commander Southeast, List, and on the front page there is the receipt stamp on 5 August '41 of the Wehrmacht Commander Southeast.
"The widespread acts of sabotage during the last days may without doubt be ascribed to instructions given by the London and Moscow radio. It is certain, that news from foreign countries is still very often listened to and that the order against listening in to foreign countries has been without any essential effect.
Though nothing is said publicly about the shooting of Jews and Communists as reprisals for acts of sabotage, these shootings have however made a deep impression in Belgrade.
It is doubtful whether the shooting will prevent a repetition of acts of sabotage. The saboteurs are to be looked for in the camp of the former Serbian officers, of the Cetniks as well as of the Communists, who have the common interest of creating unrest in the country and stirring up the population to boiling point against the occupation authorities. For their purpose the shooting of people who did not directly participate in the acts of sabotage is actually welcome.
In opposition to the reporting of persons of draft age, there were also people busy trying to recruit for the Cetnici. Officers and men received the instructions not to conform to the duty to report, but to go to the Cetnik gathering places in the country. Persons of draft age who avoided reporting could be got hold of easier, if the local Serbian authorities would work for that purpose; for instance, if one made the proprietors and housekeepers in Belgrade personally responsible, under threat of severe punishment in case of failure, to draw up exact lists, and to submit them, of the inhabitants of the houses, one would certainly be able to seize a large amount of Yugoslavian soldiers who failed to report. Formerly, the police went very often from house to house, asked for the list of inhabitants and checked them in the individual apartments. In this way, too, quite a number of Serbian soldiers who did not report could be seized. In general the population does not understand that the Serbian officers were set free again and remained free, because the large majority of the population expects the officers to carry out operations for the liberation of the country. One often hears that it is good that the officers have got to a safe place, because in that way they can now work for the future liberation of the country.
Especially the younger officers, who have no judgment with regard to reality and what is possible, who have no longer any expectations and who have placed their hopes on a restoration of the old Yugoslavia and a victory of the enemy powers, form a lasting source of danger. Also the other unemployed youth is ready to follow the words of those men who lead the operations directly against Germany. This youth is strongly under the propaganda of the enemy which is extraordinary clever and attuned to the mentality of the Serbian people. Whispering propaganda goes on in every office. Many rumors actually come from state offices and thereby gain their credibility. Even policemen stir up unrest among the population, by promising aid to persons, against payment, in this or that imminent event or because they want to be considered as especially well informed or as important personalities. It is an open secret that in the offices there are often people, who have worked hard against the German Reich and even today are anti-German. In the offices it is even considered dangerous, to be considered friendly towards Germany, as pro-Germans are chased out of the civil service. It is equally an open secret, that University professors, physicians and teachers participate in anti-German and Communist propaganda."
THE PRESIDENT: May I interrupt, please? The Court will adjourn at this time but before we do adjourn I wish to make certain comments on certain requests.
During the course of this day's deliberations, Dr. Laternser has made all comments on behalf of the defendants and the other counsel, I believe has, not spoken, but I want to suggest to all counsel that in appearing before the desk and the Court and the Tribunal that they identify themselves, so that the record may be properly shown as to who they are and for whom they are speaking. There has been no violation today because the reporters know Dr. Laternser but in other cases they may not know who counsel are and who they represent.
The Tribunal also wishes to make this request and ask that it be complied with. The assistant secretary has certain information that he desires to present to defense counsel. I take it you wish all the defense counsel to remain. I therefore ask that all defense counsel remain for a conference with the assistant secretary general.
It is also requested that one German court reported and interpreter remain for the assistance of the deputy secretary general.
It is also requested that one German court reporter and interpreter remain for the assistance of the deputy secretary general.
The Court will adjourn until nine-thirty tomorrow morning.
THE MARSHAL: The Tribunal will recess until nine-thirty o'clock tomorrow morning.
(The Tribunal adjourned until 17 July 1947, at 0930 hours.)
Official Transcript of the American Military Tribunal in the matter of the United States of America against Wilhelm List, et al, defendants, sitting at Nurnberg Germany on 17 July 1947, Judge Wennerstrum presiding.
THE MARSHAL: Persons in the courtroom will please find their seats.
THE HONORABLE: Judges of Military Tribunal V.
Military Tribunal V is now in session. God save the United States of America and this honorable Tribunal. There will be order in the Court.
THE PRESIDENT: Mr. Marshal, will you assertain if the defendants are all present in court?
THE MARSHAL: May it please your Honors, all of the defendants are present in the court.
THE PRESIDENT: The Secretary General will note for the record the presence of all of the defendants in court.
SECRETARY GENERAL: May it please your Honors, all of the defendants are present in court.
THE PRESIDENT: Before we proceed, Mr. Denney, may I make some comments? The Tribunal wished to state to counsel for the defendants that their motion and request concerning the manner in which the defendants are being confined in the prison have been submitted through channels to the proper authorities for consideration, and will later be reported back to this Tribunal.
The Tribunal wishes also to call to the attention of all parties concerned, that the communication which undoubtedly has been brought to the attention of defense counsel, and perhaps to the prosecution concerning the matter of translations, -in order that there may be no question as to all parties concerned being advised as to this particular matter, I wish to read the following communication, which has been sent out by L. Wartema, Defense administrator: Dated 14 May 1947:
"Subject: Document Books to be submitted to the translation department.
To Defense Counsel:
1. Some defense counsel have failed to realize the amount of time which is necessary to have document books translated, stencils mimeographed and assembled. As a result, the court has been delayed.
2. It is absolutely necessary that defense document books be turned over for translation and reproduction at least two weeks in advance. A careful check is being made on each document book submitted to defense centers. Individual lawyers will be held responsible if sufficient time is not provided for translation and reproduction.
For the secretary general.
(Signed) L. Wartema, Defense Administrator" I am reading that in order that all parties concerned may be advised and guide themselves accordingly.
I realize also that there is a lot of work to be done in connection with the preparation of this case, both on behalf of the prosecution and the defense, and the Tribunal asks the cooperation of all parties concerned so that we may proceed as promptly and as effectively as time and circumstances will permit.
The Tribunal would like to have a conference with two representatives of the prosecution and two representatives of the defense. counsel at the morning recess, and if the defense counsel will select some members of their group to meet with us at that time it will be appreciated if you will kindly come to my office.
MR. DENNEY: Your Honor, perhaps we might have Mr. Jacobson, one of the interpreters, come in too.
THE PRESIDENT: That is a very good suggestion, and we will ask Mr. Jacobson to come with us.
You may proceed further then, with the presentation of the matter on behalf of the prosecution.
MR. DENNEY: May it please your Honors, to sum up what we had yesterday, the first documents showed the initiation of the war in the Southeast.