The Italians shot to death nine hostages. The impression on the population was strong, as proven by the demonstrations on 25 June 1943."
The next portion of the report deals with railroad and cable sabotage. On page 231 of the English and 170 of the German, counter intelligence situation.
Now, turning to page 232 of the English and 171 of the German, that first portion of the Commander Southern Greece's report which deals with his estimate of the situation:
"The increased activity of the RAF, the serious cases of sabotage against the transport 'Citta di Savona' and against the railroad line Saloniki-Athens, the attempted general strike and the demonstration on 25 June 1943 prove that there is cooperation between saboteurs, communists, and bands in all spheres. The central direction of these operations rests in the hands of the English officers, who are with the bands and who certainly are also temporarily with the direction of the EAM in Athens. This coordinated leadership leads one to expect coordinated measures in the event of an enemy landing either on the Peloponnesus or on the west coast of central Greece. These measures will have a dangerous effect, the more so because only minor units of German troops can be used in the Command Area against the insurgent movement which is at least 50 to 20,000 men strong. In addition, it must be expected that a general strike will be proclaimed in Athens and immediate vicinity by the EAM followers (estimated strength about 20,000 men according to Greek sources). Also that the EAM followers - pursuant to directives of the EAM and of English band leadership - will carry out pillaging and attempt sabotage in the objects hit even while the attacks are still in progress. The intimidation of the Greek workers in German plants is disturbing slowing up all important war work. The occupying powers can no longer look on passively at such activities. In view of the known weakness of the Italian occupation, it must be made possible for the German commander to intercede effectively in the Italian area as well, in order that the aforementioned dangers might be averted. He should be able to do this by exploiting the fear for the German soldier and his resolute behavior which is still prevalent among the Greeks.
The authority he holds at present is insufficient. If the German Wehrmacht is not to suffer heavy losses in Greece, the bandits must be opposed forcibly and with the employment of strong forces. The inner political and the economic situation is in the last analysis dependent also on the result of the battle against the bandits.
"Notwithstanding certain initial successes, the Rallis Government was unable to maintain itself among the population. Without effective support by the occupying powers, its days seem numbered. It is a moot point whether it will be succeeded after its fall by a capable government which is willing to cooperate honestly with the occupying powers."
And the report is signed: "For the Commanding General and Commander South Greece, The Chief of General Staff."
On page 235 of the English and 173 of the German we have the final report. Your Honors will recall that in the end of August 1943 the whole Southeast Command was reorganized and in line with that reorganization the title of the defendant Speidel as Commanding General and Commander in Southern Greece was changed to Military Commander Greece. In the document which begins on page 235 of the English and 173 of the German we find the defendant Speidel now Military Commander Greece sending a report on the date of the 4th of September 1943 to the Military Commander Southeast who at this time was General Felber. Your Honors will recall that Felber's Chief of Staff was the defendant Geitner. This is a report from the Military Commander Greece for the period from 1 September to 3 October 1943:
"Political Situation.
"Survey.
"The conclusion of the armistice by Badoglio caused open joy among the entire Greek population. The collapse of the European defense front seemed to be very imminent. The speedy disarmament of the Italian Wehrmacht by numerically inferior German forces which took place mostly with out friction caused dismay and fear.
The liberation of Mussolini was taken for what it actually was: a courageous coup and the fulfillment of a friend's word. The departure of the Italians, who frequently were hated because of their unjust behavior, their lack of military demeanor, and because they were defeated in the Albanian campaign, evoked joy and even pity in the widest circles. Those Greeks who had the right attitude rejoiced when the Germans assumed control of the security and administration of all Greece. They expected a just procedure and performance in particular in the economic sphere, in the black market, and hoped for an improvement of the situation and of the economic problem."
The next portion of the report deals with:
"Strike Situation:
"After the collapse of the general strike of 31 August 1943 work was resumed almost everywhere on 1 September 1943. Only the employees of the small banks continued to strike, and a part of the office force of the gas and electricity works and the majority of workers in the tobacco industry. On 5 September 1943 work was fully resumed everywhere.
"Up to now there were hardly any strikes in the area of German sovereignty. Now that the Germans had taken over executive power in all of Greece the strike instigators were fearful lest the same rigid procedure be applied to them as was done hitherto in the area which was formerly under German sovereignty. The decree of the Military Commander Greece" -- and that, if Your Honors please, is the defendant Speidel -"stating that any strike would be considered as directed against the German Wehrmacht and would be treated accordingly, was an additional factor.
"The strike which broke out on 1 October 1943 in the Athens gas works - 160 men and four women of the entire force stopped working - was suppressed by the immediate interference of the field gendarmerie. This strike must be regarded as an attempt to determine whether the Germans would actually apply their severe measures against striking workers."
Next is an account of the enemy situation. I think we need not read the portion dealing with the Italians but continue on page 238 of the English, 174 of the German, with the account of the Military Commander Greece on the insurgent movement. Paragraph B, Insurgent Movement:
"The distribution of bandit groups has remained essentially unchanged. Pursuant to orders of the English High Command, the bands evade larger operations. They limit themselves to acts of sabotage on march roads and to occasional attacks on columns. Larger combat actions did not develop anywhere.
"The bandit movement has been strengthened essentially by the collapse of the Italian Wehrmacht. Considerable supplies of arms and ammunition and some rations also have been placed into the hands of the bands by the Italians. On Euboea the Italians turned ever almost all their equipment to the bands and some of the Italians joined the bands.
"The main areas of band activity are situated in the Pindus and in the mountain ranges closing off the Hiakmon valley, further southwest and northwest of Thebes on both sides of the railroad line Thebes-Lamia. On the Peloponnesus the area northwest of Tripoli primarily is endangered by bands. Smaller bandit territories are situated in the area of Parnis, north of Athens, and in the southeast Peloponnesus. In the area of Agrinion and Arta also, bands have been observed with a changing circle of activity. It is of special importance that according to reports of confidential agents the opposition between nationalist and communist bands at this time is increasing. Even the English threat of withdrawal of all supplies unless hostilities cease has removed the tension only superficially. In addition, the English Colonel 'Eddy', the actual leader of the Greek band movement, has been recalled to Egypt because he is. too pro-communist (reports from reliable confidential agents)."
And next follows a section of the report dealing with counter intelligence situation. I think we need not read it at this time but I call Your Honors' attention to the final paragraph of that portion of the report which appears on page 240 of the English and 176 of the German:
"According to a careful estimate the number of armed insurgents situated in Athens and neighborhood is supposed to be somewhere between 20 and 30,000. The RO was newly established during the period covered by this report. The Greek Minister of the Interior Tavularis is said to have founded this organization."
The report deals next with sabotage activity, enemy propaganda, and finally the important section of the report dealing with the estimate of the situation by the Military Commander Greece:
"Greece at this time is in a state of economic, political, and financial disintegration. It is a widely held belief that the AngloAmerican troops, once they have arrived, will stop this disintegration and make Greece into agree and great country. That is why the three largest political parties, the Democrats, the Royalists, and the Communists, are preparing to seize power during the period which will elapse from the departure of the Germans until the arrival of Allied troops. Each one of the groups mentioned above is trying to arm its followers. At this time, the Democrats, who still hold certain elements of the state authority, are in the best position to retain power with the help of the gendarmerie and the police. Inter--politically, the Communists are the most dangerous because they represent the most active group, and because they have considerable forces available and are very well organized. Mainly, however, they can call attention to the catastrophic economic development which has brought the Greek people to the brink of an abyss. Consequently, it does not lack followers. The other political parties are slowly permeated with the thought that a further development of the Communist Party signifies the greatest danger. In this connection, it is significant to note that it is the so-called Anglophiles who are most persistent in demanding that the Germans take action against the Communists.
"Since 15 September 1943 the economic situation is becoming increasingly worse. The gold pound rose to almost 600,000 Drachmas.
The most important foodstuffs have become three to four times as expensive. One oka of oil now costs 60,000 Drachmas. The general increase of wages and salaries as decreed by the Greek Government with the support of the Special Plenipotentiary on 2 September also contributes to the deterioration of prices and to the increase of the inflation. Economic measures alone can no longer stop this price development which is leading to chaos. The German occupying power will interfere with draconic measures in order to stop the black market which increases prices and to check the hoarding of basic consumer goods. The economic situation can be stabilized only if continued inflation and additional price rises are stopped.
"The political danger inherent in this development is very great.
"The bands all over Greece are the advance guards of an AngloAmerican landing. To smash them is as important as it is to improve the economic and social situation."
The report is signed: "For the Military Commander Greece, The Chief of General Staff, v. Bogen."
The next document, NOKW 1494, has already been introduced into evidence in Document Book XII so we pass it at this time and turn instead to page 246 in the English, 180 of the German, which is offered as Prosecution Exhibit 547.
DR. BERGLER (Deputizing for Dr. Weisgerber, attorney for defendant Speidel): Your Honor, I object to the introduction of NOKW 1783, which document is a report of the 611th secret police, detachment, Iraklion 5 July 1943, to the Commander of tho 22nd Infantry Division, Fortress Command Post. The 22nd Infantry Division was at that time in Crate, Iraklion is likewise situated on Crete. Crete, however, is not part of the authority command of the Commander in Greece who at that time was Speidel.
MR. FENSTERMACHER: If your Honors please, we have no intention of offering this document against the defendant Speidel. The 22nd Division which was operating on Crete was subordinate to tho Commander in Chief Southeast Who was simultaneously subordinate to tho Commander of Army Group E, and we offer it against the defendant Foertsch, who was Chief of Staff to the Commander in Chief Southeast, and we do not offer it against the defendant Speidel.
THE PRESIDENT: By reason of the statements made by the Prosecution, the objection will be over-ruled.
MR. FENSTERMACHER: On page 246 of the English Document Book, page 180 of tho German, Document NOKW 1783, Prosecution Exhibit 487. If your Honors please this is a report dated Iraklion District Headquarters, 611th Secret Field Police Detachment.
Dated Iraklion 5 July 1943, Sent to the Commander of the 22nd Infantry Division.
"Subject: Report on the executions ordered.
The undesigned offices submit the persons hereafter named for execution, according to order:"
I think we need not read the remarks which appear beside the first several names, your Honors. I will just read the first ones. The following ones are similar.
"Fundukidis, Georges: of Michael, born 1916 at Sechum, Soviet Russia, resident at Chania, carpenter, single, 1 child, was always active as Communist. Suspected spy."
The next man, Pronakis, Dimitries, was discovered with leaflets, enemy propaganda, communist activity.
Third, Pronakis, Johann, was also discovered with leaflets, enemy propaganda and communist activity.
The fifth, sixth and seventh men were suspected spies. The eighth, ninth, and tenth are labeled brutal criminals, punished several times previously, as is the eleventh person listed. The 12th is said to be a law breaker, punished several times previously.
I call your Honors' attention to the remarks after the following men on the list: No. 13, on page 248 of the English, 181 of the German:
13. Heim, Michael of Isaak, born 1904 in Kerkira, resident at Iraklion, hat maker, married, 2 children, Politically suspect Jew.
14. Sambaton, Elias of Samboton, born 1902 in Chaina, resident at Iraklion, Pedler, married, 2 children, Politically suspect Jew.
15. Elchai, Abraham of Isaak, born 1870 at Iraklion, resident at Iraklion, plumber, married, 11 children. Politically suspect Jew.
16. Welenis, David of Samuel, born 1902 at Kerkira, resident at Iraklion, cabinetmaker, married, 2 children. Politically suspect Jew.
17. Elchais, Jakob of Abraham, born 1900 at Iraklion.
18. Abigador, Simon of Matthaeus, born 1911 at Chania, resident at Iraklion, official, married, 3 children, Politically suspect Jew.
Your Honors will note in the left hand portion of the document, "District Headquarters Commander, Approved 6 July 1943, signed Mueller."
Your Honors will recall that Frederick Wilhelm Mueller was at this time the Commander of the 22nd Infantry Division, the same Mueller who was executed in May of this year in Greece as a war criminal.
"The execution was finished at 0525 hours. Death was sealed by shooting. Signed: Knebel. 6 July 43."
If Your Honors please, I have been asked by My. Rapp to state for the record, the Prosecution today has handed to Defense Counsel for the defendant Foertsch, one copy of a handbook for the General Staff Officer, a German Army publication which is commonly referred to as "Roter Esel."
We continue now on 250 of the English Document Book, page 183 of the German, Document NOKW 1760, which is offered as Prosecution Exhibit 548.
This a is a report from the First Mountain Division to the Commander Saloniki Aegean, dated 25 July 1943. Your Honors will recall that at this time the Commander Saloniki Aegean was subordinate to the Commander in Chief Southeast who at this time was General Loehr, with his Chief of Staff General Foertsch. This is an Intermediate Report for the period from 24 July 1700 hours to 25 July o900 hours.
I think the only portion of the report which I need call to your Honors attention is paragraph under c.
"c) 24 July 0400 and 6700 hours 2 counterattacks of bands in strength of 30 to 50 man against Eleftheron. The bands in the area of Eleftheron are mostly uniformed."
The report is signed First Mountain Division, by the I A, and operations officer.
Turning next to page 251 of the English Document Book, page 184 of the German, Document NOKW 1758 which is offered as Prosecution Exhibit 549. Those are a series of daily reports from the 187th Infantry Reserve Division to Higher Headquarters. The first is the daily report for the 24 August 1943.
187th Reserve Division 462nd Reserve Infantry Regiment . . . . . .In retaliation for an attack on a truck at Paljevina (see Daily Report 21 August 1943) and on gendarmes at Cazma, hostages wore taken in both places . . . .I think we need not read the rest of the report at this time but turn next to page 252 of the English, page 185 of the German, Daily Report for 9 September 1943, from the 187th Reserve Division, to Higher Headquarters.
Your Honors will recall that the 137th Reserve Division was at this time subordinate to the 69th Special Reserve Corps which at that time was under the command of the defendant Dehner, and the 69th Corps was in turn subordinate to the 2nd Panzer Army under the Command of the defendant Rendulic and continuing with the military pyramid, the 2nd Panzer Army at this time, was subordinate to the Commander in Chief Southeast who was simultaneously Commander of Army Group F, defendant Weichs, and his chief of staff, the defendant Foertsch.
Daily Report for 9 September 1943, 0900 "Take 10 hostages each at Mucna and Rijeka, 20 at Spisic Bukovi Comply with order for counter intelligence and retaliation measures Section Ic No. 5379/43 secret dated 24 August.
Notify the villages that another attack on the railway will result in being hanged or shot at the scene of attack."
The report is signed 187th Reserve Division.
Next the 187th Reserve Division for 20th September 1943.
In retaliation for an attack on a truck of the 202nd Panzer Regiment the entire village of Trnava will be burned down. Population deported. 10 hostages from Medari and Trnavagrn will be hanged at the scene of the attack. Large posters in the Croatian language are to give the reasons as being constant surprise attacks and to threaten further such measures.
187th Reserve Division Finally an entry in the war diary for the 24th of September 1943, Headquarters 69th Reserve Corps:
"For information by teletype to: 187th Reserve Division."
DAILY REPORT FOR 24 SEPTEMBER 1943
187th Reserve Division, 462nd Infantry Reserve Regiment Attack on Virovitica (see Daily Report 23rd September) repulsed.
Since shots were fired from private homes, 100 hostages will be taken at Virovitica. Own losses: 1 German Gendarme dead. Enemy losses unknown.
187th Reserve Division Section Ia,
DR. VON TAGWITZ: (Attorney for defendant Rendulic):
Your Honor, regret to have to object against the words of the representative of the Prosecution which he used to connect those various documents, or rather which he used to connect the document he just read, Exhibit 548, inasmuch as he said that the defendant Rendulic was the Commander in Chief of the 2nd Panzer Army at this time. Earlier the Prosecution had always named the correct d te at which he took over the command, that is, the 26th of August 1943, whereas now I assume that the Prosecutor made a sligh error inasmuch as irm. said that already in July, as a fixed date, the defendant Rendulic was Commander in Chief of the 2nd Army.
MR. FENSTERMACHER: I don't believe I said that. The first report in this exhibit is a daily report for 24 August 1943. I carefully refrained from mentioning any of the defendant's names in connection with the report of that date. However, the next report was for 9 September 1943 and it was in connection with that report at hat I remanded that the 187th Division was subordinate to the 69th Corps under command of the defendant Dehner at that time and that the corps was in turn subordinate to the 2nd Panzer Army in command of the defendant Rendulic at that time.
I carefully limited my remarks to the period for the end of august 1943.
THE PRESIDENT: The objection will be over-ruled. If the defense wishes to make any further showing in respect to this document, and as it may apply to this defendant he may do so as to the case in chief.
MR. FENSTERMACHER: If your Honors will turn to page 97 in your document book, page 62 in the German. I believe defense counsel opposed the introduction of this document this morning on the ground that it had been previously introduced. During a conference with defense counsel we determined that it had not been introduced.
THE PRESIDENT: Well you kindly give the page again.
MR. FENSTERMACHER: Page 97 of the English, page 62 of the German. Document NOKW 1712. The Prosecution now offers this as Exhibit 550. These are various extracts from the war diary , 342 Infantry Division, for the month of January 1942.
Your Honors will recall that at this time the 342nd Division was subordinate to the Plenipotentiary Commanding General in Serbia, General Bader, and that General Bader was in turn subordinate to the Commander in Chief Southeast; he was at that time the Commander of the 12th Army; at that time the Commander in Chief was defendant Kuntze and his chief of staff the defendant Foertsch. I direct your Honor' attention to the enty in the war diary for 19th of January 1942:
"09.15 hours; Group 698 reports: Rogitaca mopped up. Enemy losses on 17th and 18th: 85 dead; 12 wounded, 230 prisoners, 29 shot to death. Own losses: 1 wounded. Booty: 25 rifles, 50,000 rounds rifle ammunition."
The entry next in the war diary:
"1920 hours: Group 689 reports: Connection with IInd Battalion established. Regiment in the Area Kram-ZIjebovi. Enemy today 24 dead, 15 shot to death, Booty; 39 rifles.
I call your Honors attention to the description: "24 dead, 15 shot to death."
We offer next, if your Honors Please, as Prosecution Exhibit 551, a series of phitographs which we have received from the Yugoslav National War Crimes Commission, certified by them as having been captured by them and brought to us by the Yugoslavian delegation to the Office of Chief of Counsel for War Crimes. This is a series of six photographs and I suggest that your Honors paginate them 1 through 6 putting the figures on the English page which accompanies the photograph.
I all your Honors attention to the inscription which is found on the back portion of the first phitigraph. The captured prisoners.....
THE PRESIDENT: What is the exhibit number, please?
MR. FENSTERMACHER: Exhibit 551 your Honor.
THE PRESIDENT: How do you propose to paginate these?
MR. FENSTERMACHER: I would suggest paginating them 1 through 6.
THE PRESIDENT: All of them?
MR. FENSTERMACHER: Yes, page 1 on the first English page; then the second picture will be page 2 and so on.
JUDGE CARTER: Why not call them 551-1 etc?
MR. FENSTERMACHER: We can do that, call them 551-1; through 6. The first photograph bears the inscription on the back:
"Captured partisan, who does not know what Communism is and who fights on the side of Comrade Tito in spite of this."
I direct your Honors attention to the cap and the red star on the cap which the person in the photograph is wearing-despite the fact that the rest of his garb seems to be civilian clothes.
The next photograph is 551-2, and bears the inscription on the back:
"A captured partisan with Serbian cap and Soviet star, student of technology by profession, orthodox."
And, I call your Honors attention to the uniform which the person on the photograph seems to be wearing, especially to the red star on his cap.
DR. LATERNSER: Your Honor I would only like to point out that in the first picture which has been presented I could not discover the soviet star, and in this second picture - it is quite obvious that it is a Germany Army coat.
MR. FENSTERMACHER: Your Honor, if the deputy Secretary General will pass the original photographs of the Exhibit to the Tribunal and then to Dr. Laternser?
Dr. Laternser has raised the qursion about the star on the cap in the first photograph.
Referring to the next photograph, 551-3. The photograph bears the incription on the back:
"The Cetnik Communist Jovo Suvic from Prnjavora, photograph after he was captured. On his cap and on the butt of his rifle has has the Bolshevic Red Star."
DR. LATERNSER: Your Honor, not even on the original, can I see it, It says here the person on the picture is a Cetnik affer capture. This is a prisoner with ammunition and arms.
THE PRESIDENT: You are now referring, Dr. Laternser, to 551-3. The comments made by counsel will be considered in connection with the conception of this exhibit. The objection such as made will be over-ruled.
MR. FENSTERMACHER: Turing to the next photograph, 551-4, it bears the inscription on the back:
"Partisan Commissar, Serb, captured on Croatian Territory."
I again call your Honors ' attention to the insignia on the cap.
Turning next to Photograph 551-5, the photograph bears the following inscription on the back:
"One of the captured. Serbian partisans with Serbian Army cap and red star."
I simply want to call Your Honors' attention to the star on the cap.
The next photograph, 551-6, bears on the back the inscription "Partisans". May I call Your Honors' attention to the uniforms which the men were wearing and to the red stars on their caps.
The final photograph is 551-7; it is of a German poster which according to the chairman of the Legal Section of the State Commission of the Yugoslav National Commission for Investigation of War Crimes was found in the collection of Josef Getz, a former member of the German Wehrmacht. It was posted on January 6, 1941, by the German occupation authorities in Serbia. Your Honors will note it is printed in both the German and Serbian-Croatian languages. The text reads as follows:
"The irresponsible acts of the bandits cause the greatest troubles to the Serbian people. Many innocent people have to suffer for it.
"Bandit warfare is contrary to international law and compels the German Wehrmacht to use the most severe measures. The Wehrmacht has only the good intention of preventing the downfall of Serbia.
"The German Wehrmacht is not responsible for the misery being caused to Serbia. The following measures will be carried out and are hereby announced publicly:
"If a German soldier is killed in an attack, 100 Serbs will be shot. Any family providing bandits with shelter or food will be shot, the house burned down, the property confiscated by the Wehrmacht.
"For each demolition attempted or carried out 50 Serbs will be shot. If German soldiers are fired on from a village, the village will be burned down, the male population arrested, and every other man shot. The property will be confiscated by the German Wehrmacht.
"Anyone who fails to give information about bandits, or gives false or delayed information, will pay forfeit with his life and his family will be imprisoned.
"Whoever favors or aids communists in any way pays forfeit with his life."
The poster is dated 6 October 1941, signed "The Commander of Post Headquarters".
Your Honors will recall on the date October 6, 1941, General Boehme was Commanding General in Serbia, subordinate to the Armed Forces Commander Southeast and Commander-in-Chief Twelfth Army, the defendant List, whose Chief of Staff was the defendant Foertsch.
The next document, Your Honors, is a series of documents which we have again received from the Yugoslav National Commission for War Crimes. They are documents which were captured in Yugoslavia or else documents which were a part of the files of the Yugoslavian partisan movement during the German occupation. The first is headed "Independent State of Croatia". Headquarters, Field Gendarmerie Regiment, dated Banja Luka, 1 September 1941, sent to the Main Security Department of the Independent State of Croatia.
THE PRESIDENT: What exhibit is this?
MR. FENSTERMACHER: I beg pardon, it is offered as Exhibit 552.
THE PRESIDENT: It is Yugoslav J-116?
MR. FENSTERMACHER: That is correct, Your Honor. And I suggest we paginate the first document pages 1 and 2 in both the English and German and call it 552/1.
This is dated Banja Luka, 1 September 1941:
"The head of the Gen. Station Skender Vakuff in his written report dated 20 August 1941 notified as follows:
"The aggressors had five-cornered red stars on their sleeves, caps, and hats."
I direct Your Honors' attention to the date of the document, 1 September 1941.
The next document should be marked pages 3, 4, and 5 in the English and German document books, and should be marked Exhibit 552/2. This is a bulletin of the Supreme Command of the Yugoslav People Partisan Units of Liberation. It is dated October 1, 1941:
"Official Order.
"It is requested that all headquarters and commandants of partisan Yugoslav units have immediate measures in order to provide all partisans, as far as it is possible, with uniform clothes and appropriate insignia oh the caps:
"1. Throughout Yugoslavia partisans have to wear on the caps the anti-fascist insignia: red five-cornered star.
"2. In Serbia, apart from the red star, partisans have to put a Serbian tricolored band, 3 cm long and 1½ cm wide. The band is to be put below the star, in horizontal position.
"3. In Bosnia and Herzegovine, apart from the red star, partisans have to wear on their caps above the red star a Croatian tricolored band in the form of a triangle.
"4. In Croatian areas, where the population is pure Croatian, partisans have to wear apart from red star, Croatian band tricolor below the star. In the areas where Serbian and Croatian population is mixed, partisans have to wear, apart from the star, Serbian and Croatian band tricolor of the same kind as in Bosnia.
"5. In Slovenia, apart from the red star, partisans have to wear Slovenian band tricolor below the star.
"6. In Montenegro, apart from the red star, partisans have to wear Montenegro tricolor below the star.
"II. All partisan headquarters and commandants have to take immediate steps in order to provide their units with national banners. In the middle of the colors is a five-cornered red star.
"The headquarters of the Supreme Command of the People Partisan Units of Liberation has following banner: red, with Yugoslav tricolor and five-cornered star in the right upper corner.
"III. Salute for all fighters of the National Movement of Liberation is a tight fisted hand put at the temple."
Signed "For the Supreme Command of the Yugoslav People Partisan Units of Liberation, Tito."
Then follows the certification by the head of the Legal Department of the State Commission that this is a true and correct excerpt of the original bulletin issued by the Supreme Command of the Yugoslav National Army of Liberation.
THE PRESIDENT: Before you proceed any further, Mr. Fenstermacher, may I inquire as to whether or not you are in a position to tell us when the prosecution will complete its case?
MR. FENSTERMACHER: I believe, Your Honor, we will be able to finish sometime tomorrow afternoon. There are only two or three more documents to be inserted and Document Book 25, which I think we can put in tomorrow afternoon.
THE PRESIDENT: That being true, I suggest the Tribunal will discontinue the reading of any further documents at this time. We have some matters which I believe should be called to the attention of counsel for the prosecution and the defense. There was submitted to the Tribunal yesterday a memorandum presented by the prosecution in connection with Exhibit 338-A. Heretofore, the Tribunal refused to admit this document. The memorandum as presented gives certain reasons why it should be admitted and we have given consideration to this document as submitted, rather the memorandum. Inasmuch as this is a captured document and applies somewhat to the questions involved, it will be admitted subject to the statement that the Tribunal will give it such consideration as it deems it merits when it shall give full and final consideration to the full record. That completes the matter of the Exhibit 338-A.
Inasmuch as we are coming down near the close of the prosecution's case, I have certain things which I believe should be commented upon. In order that there may be no question as to where the documents are and what may have happened to them, will the Deputy Secretary General advise me in the morning, or the Tribunal, as to whether or not all documents have been returned to your office that may have been offered in evidence?
I should also like to be advised by the prosecution and the defense counsel as to whether or not there has been a ruling made by the Tribunal on all applications that have been submitted to it. Now, I know there are one or two in my office which are in the process of being handled and disposed of, but in order that nothing will be overlooked I would like to have counsel both for the defense and the prosecution submit a list of any applications that have not been ruled on by the Tribunal.
The third matter I think perhaps should be brought to the attention particularly of the defense counsel is that we have received, as a result of conversations and requests, what might be termed a bibliography or a list of books, articles, and authorities which bear upon the case that is now being tried. There are no quotations, just a list of the books and a list of articles and authorities. The Tribunal is of the opinion that this fact should be called to the attention of the defense counsel and perhaps they may be in a position also to furnish us a list of books or articles, we hope in English, that we may read during the next month or so, and prepare so that we may make a proper decision in connection with this case.
I am calling this to your attention so that you may submit to us, if you care to, not quotations from these articles, but the list of the articles themselves. At a later time if you wish to submit a brief quoting from these articles we will be happy to receive that. If you can submit such a list or care to do so - that refers to any English documents or translations from German documents or any other publications that may have been translated into or published in English -- we will appreciate it.
The Tribunal will adjourn until tomorrow morning at 9:30.
(Thereupon an adjournment was taken until 0930 hours, 28 August 1947.)