JUDGE BURKE: I would like to refer the matter back to our presiding judge for such action on the individual questions as he desires to make.
THE PRESIDENT: You may proceed with the cross-examination with this suggestion from the Tribunal, however, that you direct your inquiries to the matters which were testified to by the witness and not endeavor to question him as to his interpretation of certain conditions that are disclosed by his testimony. You may proceed.
BY DR. HINDEMITH:
Q Witness, continuing, you then were brought to hospital -- that was when?
A It was on the 21st of October, 1941.
Q I don't mean the day. I mean the time of the day?
A It could be about one o'clock in the afternoon.
Q I think you said before it happened around eleven o'clock because you said you already left the hospital around about twelve.
A No as far as I remember I told you one o'clock.
Q Well, we will leave that. The records can show what you said.
Where you able to walk to the hospital? That is, could you have walked?
A No, I was taken to hospital by a horse-drawn vehicle.
Q And the horse-drawn vehicle -- what did happen to that after you came to the hospital?
MR. DENNEY: If your Honors please, I certainly submit it is irrelevant as to what happens to a horse-drawn vehicle after he got to the hospital.
THE PRESIDENT: Sustained.
DR. HINDMITH: May it please the Tribunal, I would like to point out the following. The witness testified that he left the hospital again.
He just told us that he was brought to hospital in a vehicle; on the other hand, he left the hospital because four men of the Serbs Voluntary Organization came there and fetched him.
THE PRESIDENT: You ask him then as to how he left and that will answer our question them.
BY DR. HINDEMITH:
Q You were then fetched from the hospital?
A Yes, that is right.
Q And where were brought to? To the headquarters of the German Secret Field Police, if I remember correctly?
A I was taken from hospital into headquarters of the 4th Serbian Voluntary Battalion.
Q How were you brought there?
A The horse-drawn vehicle.
Q Now a different point. You said that you learned on the 20th or rather on the 21st of October, I don't know, about 1200 people were shot. This fact you assumed from two circumstances: first of all from a placard and then from the rest that were put up on several houses. On these posters, according to you, the people were written by name and you further said that you convinced yourself of the number, that the number of the last victim -- you looked up the number of the last victim. Is that correct?
A No, you didn't understand me quite.
Q Will you please tell us then how it is correct?
A I told only that the first day I left my house and went to the GFP headquarters I saw a poster in a shop with a long list of names. The poster was telling that 1200 people have been shot because 12 German soldiers were killed somewhere in the vicinity of Kraljevo. That is what I told you.
Q That was about 20 days after that that you read that, is that right? That you saw that poster? When was that?
A I don't know when this poster was put in. I didn't get out from my house for 20 days.
Q Another question. They you were dismissed and you were allowed to return to your home?
A Yes, that is right.
Q Then you were ordered immediately after you had got well you had to report to the Field Police and if I understood you correctly that your daughter should give a message to that effect to the Field Police. Is that correct?
A Yes, that is true.
Q And you did comply with this order which was given to you?
A No, I didn't.
Q But you said that you did go to the secret police or to some other authorities and that the question of your further employment was clerified later?
A Yes, that is true.
THE PRESIDENT: The Tribunal will stand adjourned at this time until nine-thirty tomorrow morning.
(The Tribunal adjourned until 31 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 31 July 1947, 0930, Justice Wennerstrum presiding.
THE MARSHAL: Persons in the courtroom will please find their seats.
The Honorable, the Judges of Military Tribunal V.
Military Tribunal V is now in session. God save the United States of America and this honorable Tribunal. There will be order in the court.
THE PRESIDENT: Mr. Marshal, you will ascertain if all the defendants are present in the courtroom.
THE MARSHAL: May it please your Honors, all the defendants are present in the courtroom.
THE PRESIDENT: Judge Burke, my associate, will preside at this day's session.
PRESIDING JUDGE BURKE: You may proceed.
MR. DENNEY: If your Honors please, we were having cross examination yesterday by the counsel for the defendant Foertsch who I believe was Dr. Hindemith acting for the absent Dr. Rauschenbach, and there has been no expression to the Court that that cross examination has been concluded; and I notice at the microphone counsel for another defendant, and I would appreciate an expression from counsel who through his representative was cross examining the witness for the record.
PRESIDING JUDGE BURKE: The Tribunal will appreciate such a statement.
DR. RAUSCHENBACH (Counsel for defendant Foertsch): I have no further questions to put to the witness, President. I believe that one of the other defense counsel would like to further cross examine the witness.
DR. SAUTER (Counsel for the defendant von Geitner): I have a few short questions to put to the witness.
CROSS EXAMINATION BY DR. SAUTER:Q.- You told us yesterday that in 1944 you met Serb partisans.
In the previous years, 1943 or 1942, did you never in those years encounter any partisans?
A.- I had never met with any partisans until 1941. It was on the 20th of October.
Q.- 1944, was that?
A.- Yes, that's right.
Q.- And during the whole previous time of war, did you never meet any partisans in Kragujevac? Surely there were plenty of people who belonged to the partisans.
A.- No, never.
Q.- In these previous years, before October 1944, did you hear of any Jugoslav partisans against German forces? Did you hear nothing about that before October 1944?
A.- Yes, I have heard. I have heard about some fights, somewhere pretty far from Kragujevac.
Q.- Before October 1944, for instance -- let's say in 1943 or 1942 -did you hear that German soldiers down there in your neighborhood were killed by Jugoslav partisans -- that is, before 1944?
A.- Yes, I heard there were about 20 German soldiers killed by partisans in the vicinity of Vroni-Milanovac -- that's about 40 kilometers from Kragujevac.
Q.- Was that the only case, those 20 soldiers? Was that the only case that you heard of before October 1944 where German soldiers were killed by partisans; or isn't it correct -- I would like to add that -- isn't it correct that such cases down there in Kragujevac occurred quite frequently and were talked about amongst the civilian population and were known to them?
A.- No, I never heard anything else. I would like to make a correction.
I didn't mean to tell 20 soldiers, but 12 soldiers.
Q.- Didn't you hear anything about, in the time period before October 1944, that repeated numerous sabotage acts occurred against the German Wehrmacht -- for instance, attacks against railways lines, robbings -lootings and robbings of magazines, etc. Didn't you have about that in Kragujevac?
A.- No, I never heard that. I was sick and just was getting out in order to reach my office where I was working and from my office I went usually immediately home.
Q.- You didn't read anything either about attacks against the Serbian civilian population or posters by the German authorities which mentioned that certain attacks had occurred against the German Wehrmacht and that the German Administration would make ruthless measures against such attacks? Did you never read such posters in Kragujevac?
A.- No, I have never seen these posters and I would like to emphasize that I wasn't feeling well. I was concerned with my own business, and, in addition to that, my wife was sick, so I had plenty to do in my home. I wasn't interested in these things.
Q.- Witness, I have to remind you that today, too, you are under oath. I think it is incredible that during the years 1942 and 1943 you were ill all of the time, that as a Serbian National you weren't interested in those matters. I can't believe that and, therefore, I have to ask you really maintain this under oath that during the whole years of 1942 and 1943 you heard nothing about these things, not even from Serbian compatriots -
MR. DENNEY: If Your Honors please, I object to Dr. Sauter's arguing with the witness.
PRESIDING JUDGE BURKE: The objection is sustained.
Q.- Witness, when you heard in 1944, as you say, that German soldiers were killed, what were you told about the partisans in which manner were these soldiers being killed, these German soldiers?
A.- I have heard from some individual partisans that some German soldiers had been killed but in which way this happened I don't know.
Q.- Did you hear of such a case in 1944, as you say? Did you hear about such a case only once or several times where German soldiers were killed by partisans?
A.- I have heard that from several persons. I do not know whether it is true or not.
Q.- Did you try to gather information about how many German soldiers that might have been?
A.- No, that wasn't the business of my concern.
Q.- You were not interested in that?
A.- No.
Q.- You weren't interested in who ordered the killing of these German soldiers, and -- whether it was an officer of the partisans or a court, who ordered that.
A.- I got the impression this was just talks about some soldiers by some partisans, but maybe it is true. I don't know.
Q.- But before you told us that you heard about these things from various sides, at least that is what the translation brought out. This wasn't just talk and gossip by one partisans. Several people must have talked about it.
A.- I heard that from several persons, and I remember very well I heard it this way from several individuals.
Q.- And you didn't know whether that was mere gossip?
A.- I don't know. I had heard it.
Q.- But you did hear of the shootings of the 8,000 Serbians which you told the court about. You know about those shootings. Was that mere gossip, or was that a fact? How did you know that?
A.- About 8,000 people who were killed in 1941, there are plenty of documents testifying to that, and there are still the ditches where the corpses of these people are lying.
Q.- But just previously you told us you were so sick all of the time and your wife also that you could not possibly be interested in all of the things that went on. How then do you know now that there are documents? Did you see those documents in existence? Did you see those documents in spite of your illness or how did you know that and since when?
A.- Now I am not sick any more, and the place -
DR. SAUTER: Now you are not sick any more?
A.- The population is going there, it is a religious place now in Kragujevac.
Q.- Witness, what then did your partisans tell you why the German soldiers were being killed or hanged? What reasons did they give you?
A.- I didn't hear that from partisans. I saw this poster, with my own eyes at the first time I left my home and went to the building myself, to GFP. I saw the poster with 1200 names.
Q.- I believe, witness, you misunderstand my question. Yesterday you told us, and today you confirmed it, that you heard from partisans that captured German soldiers were killed, and now I would like to hear from you what did the partisans tell you; for what reason were the German soldiers killed by the partisans? I only want to know the reason, nothing else.
A.- I don't know this.
MR. DENNEY: If your Honors please, I suggest that he establish whether or not he was given any reasons, assuming reasons were given him, as to whether or not these Germans were killed. He assumes that he was given reasons. He can ask him, and if he tels him "yes" he can inquire.
PRESIDING JUDGE BURKE: He has given the comprehensive answer that he does not know. Proceed.
Q.- Witness, today you say you do not know the reason, but yesterday you did give the reason. I put this question, in order to find out how far your answers are credible. Please employ your memory and tell us what the reason was why those German soldiers were shot. I just remind you, you said yesterday the German soldiers were taken away when they had fallen in battle, by the partisans and others again were killed. Now I want to know from you, - and that is on your oath, - what reasons were you being told why those soldiers were killed?
A.- I told yesterday that there were some cases, - that is to say, I heard about some of these cases, that this was depending on the military situation, that is to say, if there was possibly time to take these captured German soldiers into the rear zone the partisans did take them, but sometimes it was not possible, the soldiers were killed.
DR. SAUTER: Your Honor, I have no further questions to put to the witness, I think.
PRESIDING JUDGE BURKE: Do I understand that counsel terminated his examination at the conclusion of yesterday's session, and there is no further examination?
DR. RAUSCHENBACH (For Defendant Foertsch): When the session started I had already mentioned that the cross-examination which was started yesterday by my assistant is considered finished. There are no further questions.
PRESIDING JUDGE BURKE: You may proceed.
MR. DENNEY: May it please your Honors, we have no further questions to put to the witness and if there are no questions by the court, I request that the witness and Mr. Targoni be excused, unless there are further questions by the defense.
PRESIDING JUDGE BURKE: The members of the Tribunal have indicated that they have no questions.
The witness may be excused.
MR. DENNEY: Thank you, your Honor, Mr. Fenstermacher will proceed with document book 13.
PRESIDING JUDGE BURKE: Proceed, Mr. Fenstermacher.
MR. FENSTERMACHER: Your Honors will recall with the introduction of Documents in Document Book 13, we are concerned with the final period, from the staff end, and the number of defendants involved, it is the most important period in this case, - that is, the period from August 1944 until October 1944, when the German troops withdrew from Greece and Yugoslavia.
We were concerned yesterday particularly with the events in Croatia and during that period, your Honors will recall, that in Croatia at that time, General Rendulic was Commander in Chief of the 2nd Panzer Army, and that the defendant, General Dehner was subordinate to the General Rendulic, as Commander of the 69 Reserve Corps and in November 1943 the defendant Leyser also became subordinate to the defendant Rendulic as Commander of the XXI Mountain Corps.
Turning now to page 39 of the English, page 27 of the German Document Book, NOKW-739, it is offered as Prosecution Exhibit 321. These are two extracts from enclosures to the War Diary of the 21st Mountain Corps, for the period 26 August to 30 September 1943. The entry for the 13th of September, 1943: "Commander in Chief Southeast," and your Honors will recall that at that time the Commander in Chief Southeast was also simultaneously Commander of the Army Group F, was the defendant von Weichs.
"Commander-in-Chief Southeast orders the execution of General Roneaglia, Italian XIVth Corps, for his disobedient attitude in case deportation to Belgrade, is not guaranteed. Corps Headquarters instructs 118th Division to send General Roneaglia immediately to Belgrade under guard."
"1620 hrs Report to 2nd Panzer Army on changes in the departure plan of the Italians in compliance with proposal by Army. 118th Jaeger Division receives the order to send General Roneaglia immediately to Belgrade under guard."
Court No. V, Case No. VII
DR. TIPP: Dr. Tipp, Defense Counsel for Defendant von Leyser. I believe that the Prosecution made a little mistake just now. This Docment NOKW-739, General Command of the 21st Mountain Corps, at this time, does not refer to the Defendant von Leyser.
MR. FENSTERMACHER: May it please. I didn't say that this document related to the Defendant von Leyser. I simply pointed out that the document was extracts from the War Diary of the 21st Mountain Corps for the period from 26 August to 30 September 1943. I had earlier pointed out that the Defendant Leyser became Commander of the 21st Mountain Corps in November, 1943.
DR. TIPP: Thank you.
PRESIDING JUDGE BURKE: You may proceed.
MR. FENSTERMACHER: Turning next to Page 40 of the English and Page 28 of the German Document Book, Document No. NOKW-727, which is offered as Prosecution's Exhibit No. 322. First is an order from the 21st Mountain Corps to the 118th Jaeger Division, dated 13 September 1943:
"To the 118th Jaeger Division General Roncaglia, Commanding General, Italian XIVth Infantry Corps, is to be shot without delay as a franc-tireur on the basic of illegal conduct reported in the Daily Report of the XXIst Mountain Corps of 13 September 1943, in the event immediate transport to Belgrade is not fully guaranteed."
MR. FENSTERMACHER: This, if Your Honors please, is signed by the Commander in Chief of the Second Panzer Army, who, at this time, was the Defendant Rendulic; and there is a "Addition of the XXIst Mountain Corps: Transport of General Roncaglia by plane under escort is to be carried out at once. Report of completion is to be directed to Corps Hqs." And the order is signed "XXIst Mountain Corps," by the Operations Corps, Ia officer. And then for the 18th of December 1943 in the War Diary, "1235 hours, the 100th Infantry Division reports..."
DR. LATERNSER: Your Honor, I request to ask the Interpreters to ascertain whether the translation of the order just read to the 118th Jaeger Division is correct or not.
PRESIDING JUDGE BURKE: Proceed. The form followed by the Tribunal will be followed in this matter, if you will hand the transcript to the Interpreter. (Court Page hands papers to Interpreter). Now, Dr. Laternser, if you will indicate the portion of the document on which you wish further explanation.
DR. LATERNSER: I am concerned with the Document No. NOKW-727. That in the English Document Book is on Page 40, at the top; and in the German Document Book, it lies also on the top of Page 28.
PRESIDING JUDGE BURKE: It may be done so. Will you indicate the language in question.
DR. LATERNSER: Thank you, Your Honor. The paragraph starts with "General Roncaglia" and ends with "guaranteed." In this paragraph there is in the second half of a sentence a mistake in the translation, that is, in my opinion. I would like to have a renewed translation by the Interpreters.
MISS SCHAEFFER (German-English Interpreter): I think what Dr. Laternser means is that "widersetzliche handlung" is translated "with illegal conduct." The word shouldn't be "illegal." It should be "insubordinate" or merely "resistance."
DR. LATERNSER: No this is a wrong idea of the interpreter. This part is correctly translated only the second part. The English translation is, "In the event immediate transport to Belgrade is not fully guaranteed." That is correct, but in my opinion "widersetzliche" is an insubordinate attitude and not an "illegal" attitude. There is nothing illegal in being insubordinate, and it can't be assumed immediately that it is illegal. Your Honor, in the German it is being expressed "falls", that is, in the event it is not fully guaranteed, and this sentence should, in my opinion, be started with "if" or "when"; it is not correct.
MR. FENSTERMACHER: Your Honors, please, I don't think Dr. Laternser should argue with the interpretation given by the Interpreter.
PRESIDING JUDGE BURKE: Do I understand that you disagree with the Court No. V, Case No. VII.
interpretation given by the Interpreter for the disputed question or item?
MR. FENSTERMACHER: Are you addressing me, Your Honor, or Dr. Laternser?
PRESIDING JUDGE BURKE: I am addressing Dr. Laternser.
DR. LATERNSER: When the words "in the event" mean the same as "if" or "when" then I agree.
MISS SCHAEFFER (German-English Interpreter): "In the event" is perfectly correct.
PRESIDING JUDGE BURKE: Is that quite sufficient, Dr. laternser?
DR. LATERNSER: Thank you.
MR. FENSTERMACHER: Continuing now on the bottom of Page 40 of the English and Page 28 of the German with the entry from the War Diary for 18 September 1943, "1235 hours, the 100th Infantry Division reports: Order to the divisions concerning treatment of Italian troop units who deliver up their weapons to insurgents. Officers are to be shot by court martial; transport to the East for labour service is stipulated for NCOs and men." Turning next to Page 42 of the English, Page 29 of the German, is Document No. NOKW-916, which is offered in evidence as Prosecution's Exhibit No. 323. This, if Your Honors please, is a quite important order. It's dated Fuehrer Headquarters, 15 September 1943. It related to the:
"Basic Policy Concerning the Treatment of Soldiers of the Italian Armed Forces and of the Militia.
All previously issued orders concerning the treatment of soldiers of the Italian armed forces of the Militia are herewith rescended and the following is ordered:
I. Basic Principle:
Italian soldiers must declare unequivocally whether they desire to continue fighting on our side or whether they wish to participate in the breach of faith of the Badoglio Government."
Court No. V, Case No. VII.
MR. FENSTERMACHER: Your Honors will recall Here that on the 8th of September 1943 the Italian forces surrendered to the Allies, and as the terms of the armistice provided that the Italian troops should return immediately to the Italian Mainland, under orders of their Commander in Chief, Marshall Badoglio.
"Whosoever is not for us is against us and consequently he becomes a prisoner of war. (Irrespective of any German citations of War he may have received.)
"II. One must distinguish three classes of Italian Soldiers including the Militia:
1.) Italian Soldiers faithful to the alliance who
a) wish to continue armed fighting on our side
b) wish to be employed in the order ans security service, in the supply organization of the Wehrmacht units or with the Navy of the Ground Forces of the Luftwaffe without, however actively participating in combat.
2.) Italian soldiers who do not wish to assist us in any way.
3.) Italian soldiers who have resisted either actively or passively or who have allied themselves with the enemy or with bands.
"To 1.) (Italian Soldiers faithful to the alliance):
Italian officers wishing to fight on our side according to 1 a) or 1 b) are to retain their arms, the same applies to non-commissioned officers and men in as far as they are committed in organized formations on newly organized units. The treatment of these Italian soldiers who remain faithful to the alliance is to be one which is completely consistent with their honor.
Their rations are to be based on those of the German; if possible, they are to receive their own kind of food derived from Italian supplies. Until the final completion of the regulation, they are to receive 50% of the German Court No. V, Case No. VII pay corresponding to their ranks.
"A special order will be issued regarding the oath and/or another declaration of obligation by Italian Soldiers loyal to the alliance.
Commitment:
a) Commitment as units limited up to company (Battery, etc.,) strength within German units or by insertion of strong German cadres (for instance, heavy artillery with Army Group B and C-in-C West).
b) Commitment in Militia Units in accordance with detailed directive of Reich Fuehrer SS within Italy as a Police Unit, outside of Italy in the fight against bands. The last named employment may be taken into consideration particularly if the Italian troop units concerned have previously seriously taken up the fight against bands together with us as, for instance, in Istrien. After (the units have) proven themselves, they will also be employed with Security Troop Units."
Then, if Your Honors please, there are certain words which are crossed out in the original. Continuing now in sub-paragraph "d":
d) Commitment as "Italian Voluntary Helpers" within units of our own. The Security requirements of the unit decide the extent and form of this employment of foreign forces. The employment is regulated by 2 a (1) - (4) of the Order concerning indigenous helpers dated 4 February 43." And then, the code number for the order is given. "Italian Voluntary Helpers" can be employed if there is a vacancy in the table of organization.
e) Soldiers of the Luftwaffe, of anti-aircraft artillery and of the air reconnaissance service of the Italian Navy including those who were employed in coastal Court No. V, Case No. VII.
defense, who are willing to fight with us are to be made available to the C-in-C Navy: Naval Soldiers in the sense of this order also include all those employed with coastal batteries committed to fire against Naval targets."
"Employment in accordance with principles a) to c) is prohibited altogether in ares whose indigenous population is of German origin, and in the Croatian and Bulgarian area.
Any additional employment is and remains impossible if troops who have fought against us with force of arms at present influenced by the release of the Duce now declare their willingness (to fight on our side).
To 2) (Italian Soldiers who do not wish to assist us in any way). Italian soldiers who do not wish to be available to continue fighting on the German side are to be disarmed and are prisoners of war. The OKW/Chief of Prisoner of War affairs will take them over first. Regarding their sifting and distribution for purposes of war economy, there is a special directive in agreement with the Reich Minister for War production and armament and with the Plenipotentiary for Labor Employment.
To 3) (Italian Soldiers who have resisted either actively or passively, etc.)
Italian soldiers having actively or passively resisted German measures or having allied themselves with the enemy or with bands are also Prisoners of War. The following directives which are most severe apply to them:
a) By order of the Fuehrer, the following procedure is to be applied to all Italian Troop Units who have let their arms fall into the hands of insurgents or in any way made common cause with the insurgents:
1. The Officers are to be shot to death by summary court martial.
2. Non-commissioned Officers and men are to be transferred to the East for labor employment with AWA/Chief Prisoner of War Affairs and made available to the Army General Staff/Gen. Qu., if possible avoiding transit through the Reich."
b) An ultimatum with a short time limit is to be sent to Italian troops or other armed units still offering resistance at this time.
(This ultimatum) is to make it clear that the Italian Commanders responsible for the resistance will be shot as franc-tireurs unless they have ordered their troops to surrender their arms to the German units before the time limit expires.
If your Honors please, I should like to recall to you that these Italian troop units were acting under orders of their own Supreme Commander, Marshal Badoglio, to return to the Italian mainland.
"Paragraph III. Sifting: The following is ordered in order to relieve transportation --"
DR. LATERNSER: Mr. President, I have to object to the last remark of the prosecutor. That again is purely an assertion which to be put into evidence has to be proved. I have seen no evidence for the fact that the Italian troops which were against the Germans in the Balkans received any orders from Badoglio for this behavior. I object to this statement.
MR. FENSTERMACHER: We will introduce proof on that point later but I am sorry for the remark and I withdraw it.
THE PRESIDENT: Very well, you may proceed.
MR. FENSTERMACHER: "III. Sifting:"
"The following is ordered in order to relieve transportation: Army Group B, C-in-C West and C-in-C Southeast are to classify and to retain immediately:
1. Italian units continuing the fight on our side.
2. Individual Italian soldiers willing to continue on the German side and who may be organized into new Italian Militia Units or who may be employed as Italian voluntary helpers in German troop units.
3. All Volksdeutschen Italian soldiers. They are to be collected at a camp to be installed in South Tyrol by Army Group B for the purpose of later recruitment for the German Wehrmacht and Waffen-SS.
4.Units and troops as well as individual Italian soldiers that are in the Luftwaffe and Navy in the Reich, in the area of operation or in the occupied territory will remain available for the Luftwaffe and Navy and are to be treated according to the foregoing policies.
5.All other officers and men are to be evacuated to the Reich in so far as Special Directive II, 3, comment to 3) is not applicable.
6.C-in-C South transfers all Italian soldiers to Army Group B excepting Italian voluntary helpers. Army Group B is charged with the immediate transfer of prisoner of war transports" of C-in-C South to the Reich.
7.All Fascists (i.e. members of the Fascist Party) who wish to cooperate further are at the disposal of the Reich Fuehrer SS at his request.
IV. Treatment of Officers and Higher Staffs.
Officers and Higher Staffs who have declared their willingness to be committed on our side according to II, 1 a) and b) or according to their special qualifications but for whom there is no use at present are to be kept in honorary confinement by the Army Groups in their corresponding areas.
Proper billets(for instance in hotels to be confiscated) are to be secured. Until further notice they are to be informed that because of the restless attitude of the population and for their own interests they will be granted no release for him even though it may be within the area of German authority.
And the order is signed Chief OKW Keitel".I think it within the bounds of prosecution, your Honors, if I may comment at this time and direct your Honors attention to the fact that there are no limitations in this order and that so far as the order itself is concerned it applies to uniformed Italian troops fighting under responsible leaders and obeying the rules of land warfare as well as to un-uniformed Italian troops.