Subject: Negotiations with insurgents.
On 29 Sept. 41, an anti-aircraft defense company in Grn. Milanovac was attacked by insurgents, and after s short battle, the majority were taken, and carried off to the mountains.
On 4 Oct. 41, a guard detachment of the 1st and 18th Ordnance battalions, 4 NCOs and 40 men strong was likewise captured by the insurgents after a short fight without any losses. In both cases, the same circumstances led to a result unworthy of a German soldier. The serious error was made on our own side, of negotiating with the insurgents. In both cases, the unit let itself be deceived by the promise of a "honorable agreement", instead of defending themselves to the last cartridge.
On basis of these events I command:
1. No negotiations of any sort are to be made with insurgents.
2. Negotiators of the insurgents do not enjoy the protection which negotiators of a regular unit must be allowed. If negotiators appear before the start of a combat action they are to be arrested and tried by courts martial as franc-tireurs. If negotiators appear during or after a fight, fire is to be opened on them at once.
Care is to be taken by the LXVth Corps and the Commander of Serbia that this order is forwarded for the information of all subordinated troops units and offices in the shortest possible time.
Then on page 53 of the German and page 72 of the English, the document continues. This is a report that was submitted to the 610th Administrative Subarea Headquarters and simultaneously for the information of the Commander Serbia and is written by a Captain von Bischofshausen and is directed to the events which took place at Kragujevac on the 20th and 21st of October with which the court is already familiar from the earlier report made by the unit involved. It starts:
In the days from the 14th to the 17th Oct. 41 the 3rd Battalion, 749th regiment stationed in this area carried out an operation to Milanovac where the 6th Company, 920 regiment was kidnapped. The unit was accom panied by two interpreters in German uniform of the district headquarters who informed me about details.
The unit, marching on the highway was allegedly shot at numerous times from the surrounding heights whereby they had losses of 9 dead and 27 wounded (of the latter one more died later). The interpreter, who know the country, called the attention of the battalion CO numerous times to the fact that a different tactic was necessary in this terrain in order to be able to combat the bandits, otherwise he would have unpreventable losses, without being able to do anything himself.
That happened. 87 of the enemy fell.
The battalion found Milanovac rather empty. About 40 male inhabitants who had concealed themselves, according to information of the battalion CO and had waited for the return of the German Wehrmacht were arrested and brought back with them as hostages.
Milanovac was completely destroyed likewise on the way back, the villages lying on the highway.
After the return from there, the battalion of the 749 regt. received the order to shoot for each dead 100, for each wounded 50 Serbs from Kragujevac.
Accordingly in the later evening hours on 18 Oct. 1941 all male Jews and a number of Communists, altogether about 70 men were arrested according to lists.
Since this number was not sufficient by far for the 2300 to be shot, it was proposed to collect the number lacking through arrests on the streets, squares and dwellings in a unified action in the town of Kargujevac by both the third battalion of the 749th Regiment and the first battalion 724th regt, stationed in Kragujevac.
Since the planned measure was in contradiction to the orders of the Plenipotentiary Commanding General - file notice 73/41 Secret of 9 Oct. 41 and file notes; 2848/41 Secret of 10 Oct. 41 as well as the Commander of Serbia - Admin. Staff Diary 10 Oct. 41, I attempted to in form the local senior officer, Major Koenig of the execution, in the sense of the order cited, in that I suggested, that the villages in the near and far vicinity of Kragujevac known to the district Hq for a long time as completely strewn with Communists, be surrounded and the necessary number to be shot be obtained there.
He accepted my suggestion voluntarily at once, and it was proposed to mop-up the villages Grosnica and Belosovac on Sunday by the first battalion, 724th regt. On Monday both battalions were to mop-up by a joint action the villages Mackovac, Marzic, Korman, Botunje and Komavice in the middle of which, the ill famed Parlog mountain lies, where the bandits allegedly have their forest quarters.
If then the number of those arrested would not have been sufficient, I suggested the combing through of villages further infested with Communists according to my information. I emphasize expressly that in the whole time of the existence of the district headquarters, not a single German Wehrmacht member or Volksdeutscher was wounder or shot in the city.
The citizens, of the city, numbering about 42,000 souls, always showed themselves loyal and inclined to co-operation of the Wehrmacht, whereby it should not be disregarded, that a part of these citizens were inclined always to the bandits; nothing happened.
In the evening of 19th Oct. 41 I was invited to a re-newed conference with Major Koening, where I learned to my astonishment that the whole plan had been thrown over: During the 19th of October 1941 the villages Grosnica and Milatovac were mopped-up by the first battalion 724 Regt. and burned down, and Meckvoc and Marsic by the third Battalion 749th Regt. At the same time 422 men were immediately shot on the spot in the villages without any losses on our side, among them a priest of the Greek Church in whose church tower ammunition had been found concealed.
In order to obtain the number of the 2300 lacking, a combing of the town Kragujevac was ordered again for the 20th of Oct.
1941. The arrests on the streets, squares, shops, dwellings, stores, etc., took place accordingly to day without regard for the persons involved, taking men between 16 and 60.
According to a statement of Major Koenig of the captives in German hands, those were to be taken who a. were in possession of a special pass of the district headquarters or another troop unit stationed here.
b. members of a vital profession or trade (doctors, druggists, bakers, butchers, grocers, technicians, workers of the light and water plants, etc.)
c.- could prove themselves members of the Ljotic movement.
In this case, no consideration was taken in any way for the points stated under number 2 in the order 2848/41. Furthermore, the last sentence of the second paragraph in the order made, Diary 4224 ("in order to prevent the annihilation of completely innocent people ......etc.,") was observed in no way.
Even this order of Staatsrat Turner which I brought expressly to the attention of Major Koening, he did not even wish to read saying that he had to act exclusively according to the order of the regimental commander of the 749th Inf. Regt. which set him to task of bringing together the necessary number of those to be shot from the men of the town of Kragujevac.
By radio, I urgently requested at 600 hours, 20 Oct. 41 an airplane from the Ic Branch, Commander of Serbia in order to attain through personal conference in Belgrade, that the orders issued would be carried out according to their sense. Unfortunately, the airplane was not sent, so that an interference of the superior office is no longer possible because the shootings were set for 7 o'clock early on the 21st Oct. 1941. I should like to state that the losses of the third Battalion 749th Regt occurred in an operation against the guilty locality Milanovac and not in the city of Kragujevac.
If 2300 bandits and those sympathizing with them had been captured and shot the order issued would have been taken care of completely enough.
According to my standpoint, a shooting partly of completely innocent persons from this city can have directly harmful effects. It is to be expected that embittered relatives of those shot will now practice acts of revenge on members of the German Wehrmacht.
Sabotage acts on drinking water and on the current temporary light supply, as well as a large attack of the bandits against the city, in which the units could suffer more losses than before, are not out of the realm of possibility. Above all, the psychological effect will be catastrophic. The residents of Kragujevac have expected of the German Wehrmacht, the elimination of the Communistic danger and the alligning into the new construction of Europe. With the methods used here, we shall not attain in any case the winning again of the favorably-inclined elements.
(Sgd.) v. Bischofshausen Captain and Commandant And then there appears that he reported personally in the above affair on the 26th of October, 1941 to the Chief of Staff, Commander in Serbia, and on the next day, the 29th, with the Plenipotentiary Commanding General in Serbia through Major Jais.
Certified a true copy by a captain.
THE PRESIDENT: Perhaps we'd better take a recess. The Tribunal will be in recess.
(There was a short recess.)
THE MARSHAL: All persons in the courtroom will please find their seats.
The Tribunal is again in session.
MR. DENNEY: At this time we come to a document which is not in the document book and which will have to be inserted. It is NOKW-1638and it is offered as Exhibit 100. I will hand three copies for the Court, one for the interpreters and reporters, each two copies, and two copies in English to be given to the Secretary General. I will come to the page enumeration in just a moment, your Honors. It is the document, the original of which is in Jugoslavian. We have German translations and English translations. I haven't come to the German copies yet, 11 copies for defense counsel in German, a copy in German for the interpretors and the reporters, and two copies in German for the Secretary General. I suggest that you give all 11 copies, the balance of the copies, to Dr. Laternser, after having given out one each to the counsel present, in order that he may make sure that they are properly distributed: (and finally the original copies that I read, the original in the Jugoslavian language are the three portions of the documents which are being offered at this time which will be handed to Major Hatfield.
DR. LATERNSER: Before the submission of the original document may I see it? After what I have seen, what has been presented to the defense counsel is not the complete copy of what has just been handed to the Tribunal.
MR. DENNEY: If your Honors, please, the portion which the defense has is the complete portion which is being offered in English. As to the Yugoslavian, I am told that is the original from which this is taken and there is a certificate there. I did notice Dr. Laternser as he went through it -- that there were some lists which were compiled which are not here? but the German translation and the English translation are identical and contain the same material.
Perhaps, if I could see the original from the Secretary General in Jugoslavian -
If your Honors, please, the same practice has been followed here. We have neglected to use all portions of the document; for instance, long lists of numbers have been left out and we will be very glad to have the balance of the document translated and given to Dr. Laternser. The practice, as I say, that we are following - we have have only translated a portion of the documents and these various pages; but we will get the balance of them translated in the German and furnish them tomorrow before -
I am informed by Mr. Varic that he can translate the balance from Jugoslavian into German by Monday evening.
DR. LATERNSER: Mr. President, I would like to protest against the introduction of the document for the following reasons. So far as I can see from the original document, this report is a combination of testimonies by witnesses, certainly several hundred persons. The committee in Yugoslavia has compiled these testimonies. In other words, acted as judges, and did not leave judicial action to the courts as I can see from a very short glance at this document, this is a combination of testimonies by witnesses, several hundred persons, and this established committee has taken judicial action with regard to this compilation which should be left to Judges.
The defense, therefore, has the disadvantage that the incriminating testimonies of the witnesses which can be used here against them, without the defense on their side having the right to cross examine these people, and to find out, through this cross examination, whether the testimonies are true.
Thus it can be seen that this report is completely subjective. If one takes into consideration that they are testimonies from former enemies -- Former enemies speak subjectively, - and I do not blame them but they must be put at the disposal of the defense for cross-examination.
These compilations, through the committee, cannot be checked. Rather, it is a protest, and I therefore protest against the introduction of this document if it is allowed, and I would ask that some of these persons should be placed at the disposal of the defense for cross-examination.
DR. STEFAN FRITSCH (Counsel for defendant Rendulic): I would like to add that these reports which I read hero are extracts, presumably; I don't know, from documents from committees from which my colleague Dr. Laternser, has already said, probably hundreds, perhaps thousands of people were interrogated and then the extracts and reports were based on this.
From these documents, I cannot see what sort of a committee this was.
Who appointed it. Whether former soldiers or present soldiers, whether judges, whether they were people who fought on the side of these partisan bonds, or insurgents, or whatever one can call them.
In addition the defense has not ever the theoretical possibility to cross-examine the people who compiled these extracts, because under the report it says, "signature illegible", - that is the signature of the consultant. That is one of the most important people, and this note, "signature illegible" bears quite frequently on the individual reports or excerpts, and I therefore protest against the introduction of these documents.
MR. DENNEY: If your Honors please, it is submitted that these documents are admissible for such value as tho Court chooses to give them. Article 9 of Ordinance No. 7, states that the Tribunal shall not require proof of facts of common knowledge, but shall take judicial notice thereof; they shall also take judicial notice of official government documents and reports of the United Nations, including the acts and documents of committees set up in the various allied countries.
The investigation is of war crimes, and it is the function also of military or other Tribunals of any of the United Nations.
The report of the Unit States with reference to concentration camps was submitted and received in evidence before the International Military Tribunals. Other reports of other countries, Military Tribunal 2, of the present Military Tribunal has received in evidence a report compiled by the Dutch Government, with reference to forced labor conditions in Holland.
JUDGE BURKE: What is this report?
MR. DENNEY: This is a report by the National Commission for the investigation of crimes committed by the occupied forces set up by the Yugoslavian government. The reports that we are submitting today, that we are offering today, are dated 24th of January, 1946; the 19th of November, 1943, and the 15th of August, 1945, and they have to do with events concerning the town of Kraljevo in October, 1941, the Grosnica and Kragujevac and surrounding villages on the same dates.
In addition, the happenings with reference to Sabac on the 18 to the 24 of October, 1941.
THE PRESIDENT: Isn't this report, Mr. Denney, of a nature somewhat similar to the proceedings before this court? They made certain findings, and in the course of time we will be required to make certain findings?
MR. DENNEY: If your Honor pleases, it is submitted that this is not a finding in the moaning that this court will make a finding. It is just a compilation of evidence with reference to what happened at that time from eye witnesses, taken by the official Commission which was set up for that purpose and which commission has been recognized both by the International Tribunal and other Tribunals here. The court, of course, can give it such value as it sees fit.
THE PRESIDENT: The request of counsel for the Prosecution for the admission of this document seems to be asking for a ruling that is far and beyond what members of this Tribunal are accustomed to consider as evidentiary. We appreciate the fact that there have been certain rules submitted, and established in these Tribunals, which, upon later consideration may require this court to be bound by their acts, but for the time being, the objection will be sustained, subject to the right of counsel for the prosecution to present this matter further, if you care to do so.
MR. DENNEY: If your Honors pleases, in that event we will have the exhibit marked 100A for identification.
THE PRESIDENT: It may be so marked.
MR. DENNEY: I suggest in the event there is any further reference to this document, that it be assigned page numbers at this time. The numbers which I have in mind, unless your Honors have a different view, is that it be inserted following page 76, and that the pages be numbered consecutively "a" through "o" each preceded by a "76", if that is agreeable with the Tribunal.
THE PRESIDENT: They may be so inserted, keeping in mind, however, the prior rulings of the court.
MR. DENNEY: We turn then to page 77 of the English document book and page 57 of the German book, to NOKW 1047, which is offered as Exhibit 100 in evidence.
If the Secretary General will please pass the exhibit to the court, the photostatic copy which we have, the top part of the defendant Boehme's signature appears on it. It is submitted that it can be identified as such from prior signatures which the court has seen. The bottom part has been cut off, and there are reference which will connect this with prior events.
This is an order of the day for 20 October 1941 from the Plenipotentiary Commanding General in Serbia. It recites:
"Further successes gained recently by the units contribute to strengthening considerably the appearance of the German Wehrmacht in Serbia.
"The enemy was attacked in the Cor Mountain Range by the 342nd Infantry Division after cleaning up Macva. The insurgents lost about 1700 dead and 4500 prisoners. 2 guns, a number of machine guns, rifles and munitions were liberated. The 125th Inf. Regt. cleaned up the regions Ub and SW of Obrenonac. The losses of the enemy in those regions comprised about 300 dead.
"Some freedom of motion was created for the command post by parts of the 704th Inf. Div. through several pushes into the region of Valjevo.
"On 5 October, the attack of the insurgents on Kraljevo which had been prepared for days was beaten off by the unit in the locality with the cooperation of the 1st Battalion of the 737th Infantry Regiment returning there from Krusevac. The enemy lost at least 80 dead. 1755 hostages were shot in reprisal for our own losses.
In order to carry out a former reprisal measure, the 3rd Battalion of the 749th Infantry Regiment fought its way from Kragjevac to upper Milanova and back - in several scrimmages and in the face of numerous blockades.
133 hostages were brought in.
"I express my special recognition to all officers, non-commissioned officer, and men participating in these successful operations."
Onward to now deals! Pm (Sgd.) Boehme"
MR. DENNEY: And below that appears "onward to new deeds", signed by Boehme.
THE PRESIDENT: Mr. Denney, does your copy show "deeds" or "deads"?
MR. DENNEY: Mine says, Your Honor, "deads". I don't know what it says in the German. If I could see it, we could have the copy translated.
(Mr. Denney obtains German copy from Secretary General and takes it to the interpreter for a translation.)
THE PRESIDENT: The translator will give us a translation of the word.
MISS EVAND: Onward to new deeds, d-e-e-d-s.
MR. DENNEY: Now, the figure 1755 has been called to Your Honors' attention in Document NOKW-1363, which is in evidence as Prosecution's Exhibit Number 85, and it appears on page 23 of the English book and on page 20 of the German book, and there is the same figure of 1755. In addition, the next page, page 24 of the English and page 21 of the German, the 3rd Battalion of the 749th Infantry is cited in the corps order, that is in the Corps War Diary, as returning to Kragujevac with 133 hostages, the same number that appears here in the second last paragraph of the Boehme order of the day. The next document which appears on page 79 of the English and page 58 of the German is Document No. NOKW1046, which is offered as Prosecution's Exhibit No. 101 in evidence, and it's an interrogation of two German officers, following their escape from Cetnik bands, those who were opposing the occupiers in this area. It's dated Belgrade, 22 October 1941, and the signature is that of a captain of cavalry, and the heading is "Commanding General Plenipotentiary in Serbia, Commander Serbia Section Ia/F Command Staff".
"On 22.10.41 Cavalry Captain Prinz zu Holstein, Chief of Section Ia/F interrogated two non-commissioned officers who had escaped from captivity by the Chetnik bands of Colonel Mihailovic.
"Franz Egger, 6th Company Landesschutzen Battalion 920 and "Franz Kleinod, 3rd Company Quartermaster Battalion 18.
"Both Unteroffiziere agreed in their statements that they had been surprised by ruses of the insurgent Chetniks. At the time they were taken prisoners, all they knew was that they were Chetniks loyal to the government. In both cases near Grn. Milanovac and near Stragari, the insurgents by maintaining that they wanted to support the unit against the Communists managed to get possession of the arms of the German troops In both cases the capture of entire units which up to the moment of their capture had suffered only minor losses can be explained by the fact that the troop leaders in question have negotiated with the Chetniks "In Grn.
Milanovac the case was as follows:
"Chetniks camouflaged as Communists executed a fire attack. After a combat lasting 2 l/2 hours, negotiators bearing a flag of truce were sent over asking surrender. The offer was rejected and the battle continued. After renewed negotiations, the troops withdrew honorably with all arms, allegedly under the protection of the Chetniks. Because of new threats the company commander, assured of unmolested passage, surrendered his arms to the Chetniks, who allegedly wanted to fight the Communists with them. After the arms were surrendered, the German soldiers were taken prisoners and the Chetniks sent them to a prison camp.
"According to the statements of the non-commissioned officers concerned the company commander has asked his people to surrender their arms in order to avoid bloodshed. Almost all the non-commissioned officers were against it, but they obeyed orders. The troops, partly of Slovenian origin and particularly from the older age groups, seemed to agree with this solution, since they did not count on the possibility of a dishonorable captivity when they delivered up their arms.
"It is the opinion of the Unteroffizier that if the battle had been resumed before surrendering arms even though our people would have suffered many losses, it would have contributed to heavy enemy losses and perhaps to the rescue of the remainder of the company. Similar methods were applied by the enemy in Stragari. On 4.10. unex pected attack of fire by the enemy.
The unit in no way experienced, in combat - they were two detachments of the quartermaster battalions 1 and 18 about 20 men strong - let itself be deceived by the enemy. Here too the Chetniks alleged that they wanted to fight against the Communists but they could do so only if the German unit withdrew. Assured of free passage, the Chetniks penetrated the villages as friends and surrounded the unit. Suddenly they demanded the surrender of arms and thus surprised the troops. Resistance was impossible. Here the guilt doubtless fell on the leading Feldwebel of the Quartermaster Battalion 1, who instead of fighting his way through with 40 men, who had sufficient ammunition with them anyway, entered into negotiations with the insurgents. Even though the Feldwebel of a quartermaster battalion is not trained for combat, it must be clear to every German soldier that the enemy cannot be our friend if at first he shoots at us and then suddenly he wants to negotiate in a friendly manner. In both cases the reputation of the German Wehrmacht has suffered enormously due to hesitation and unreflected action.
"The statements of both non-commissioned officers confirmed the rumors that the entire population participated in the insurrection, since all of them from the child to the man were armed and supported the roving bands. Band leaders were mostly Yugoslav officers. These were for the most part wearing old Yugoslav uniforms.
"It is reported for the first time that the German soldiers were not deprived of their uniforms. The soldiers were also left in possession of their property. Colonel Mihailovic had been pointed out personally as the leader of the units in this area to the two non-commissioned officers. He was surrounded by many uniformed officers. The insurgents in this territory designated themselves as the National Free Serbian Army, whose sole and only aim was to drive the Germans from the country. They considered themselves soldiers and consequently recognized as valid the laws of war, hence probably the strikingly good treatment of prisoners.
"During combat action and later in the area of the prison camp, nothing was recognized as Communistic elements by the two non-commissioned officers.
"(signature illegible) "Captain Cav."
And the signature, it is believed, is that of Captain zu Holstein. Then, on page 60 of the German and page 83 of the English, appears Document NOKW-562, which is offered as Prosecution's Exhibit No. 102 in evidence. This is a signed order of General Boehme and refers again to his order, which by now I believe the Court is familiar with, Exhibit No. 88, which was the 2848/41 Order, dated 10 October 1941. The subject of this communication is the "Suppression of Insurgent Movements in Serbia", and the reference is "Commanding General Plenipotentiary in Serbia, III/Chief Military Administration, Qu No. 3208/41 secret", a number which has already been referred to. There is an enclosure.
"Observations and reports show that the units have taken the measures required for the suppression of insurgent movements to a large extent in an exemplary manner and with the desired severity.
"However, in individual cases the pertinent order - a directive applicable for the entire territory of Serbia which is to be executed according to the local situation with divisional and regimental commanders bearing the responsibility - has not been interpreted correctly.
"In order that the taking and shooting to death of hostages is coordinated according to plan, attention is directed to the following points:
"1) Arbitrary arrests and shootings to death of Serbs are driving to the insurrectionists circles of the population which up to now did not participate in the insurrection. They strengthen the power of resistance of communism. They diminish chances for speedy suppression and they are harmful to the political goal of the commitment.
The shooting to death of confidential agents, Croats and entire personnel of German armament factories constitute irreparable errors. In case of doubt, the decision of the superior authority is to be requested prior to executions.
2.) Evidence for the taking of hostages, according to para. 2 of the pertinent order, is in the first instance to be procured through the Administrative Subarea Hqs. and the district Hqs. The pertinent order was issued to the administrative offices by the commander Serbia administrative staff under No. 4224/41 V dated 10.10.41.
Beyond and above, the units are to take hostages by well planned operations in the insurgent districts. These hostages are to be chosen according to the directive above and in required numbers from such villages as are known to be focal points of the insurgent movements. Here it must be avoided that such parts of the population be taken and executed as hostages who, being non-participants in the insurrection, did not flee before a German penal expedition.
In such cases, the family members of those who fled (including women) are to be taken as hostages in the first place. The houses of those who fled are to be burned down.
3.) Women, who actively participated in the flight - with or without arms - are to be treated like the male insurrectionists.
Women who are suspected of having supported the flight are to come before court martial.
Women who are taken as hostages only may not be shot.
4.) Persons already involved in court martial procedure are not permitted to be shot to death before the conclusion of the procedure and not within the framework of reprisal measures. Their sentence is of a demonstrative character and is to be executed according to this point of view.
5.) Generally, those insurgents probably killed in combat are credited to the number of those to be shot to death in reprisal.
6. ) You are reminded to include in the daily report a notation as to whether and to what extent reprisal measures have been executed, or when and how much later those will be executed. (Paragraph 3 of the pertinent directive.) If an insufficient number of hostages is not available or cannot be procured the commanding general - plenipotentiary is to be informed and he will order an adjustment.
It is submitted that this should read "If an insufficient number of hostages is available or cannot be procured," or that it should read "If a sufficient number of hostages is not available or cannot be procured.
7. ) The reprisal measures which have been ordered charge the unit commanders with a heavy responsibility and they are to be executed in accordance with military customs. For detailed directives see enclosure. (Signed) Boehme, General of Infantry."
And the enclosure which is recited there and also on the first page, prior to the first paragraph of the directive "Detailed directives for the execution of shootings:
a) The execution detachments are to be headed by officers.
b) Execution is to be performed by rifle aimed simultaneously on head and heart at a distance of from 8 to 10 meters.
c) In order to avoid touching the corpses unnecessarily, those to be shot to death are to stand immediately at the edge of the grave. If mass executions take place it is practical to have the hostages kneel facing the grave.
d) A unit physician is to be attached to the execution detachment. He will order the delivery of "coups de grace".
e) In no case is it permitted to use clothing (or shoes) for the good of the population. They are to be delivered against receipts to the local competent office of the Military Administration.
The next document is on page 64 of the German text and page 87 of the English text. It is Document No. NOKW-907 and is offered as prosecution's exhibit 103 in evidence. This is another copy of what we have just seen but, whereas the copy which we had before merely went to his own immediate circle, we now see that this copy has various stamps on it which indicate that the order has been passed down.
The stamp in the upper right-hand corner, the 704th Infantry Division and the stamp down below the 704th, 31 October 1941. This is dated 25 October 1941, the same date that the other communication had and it again recites the handwritten enclosure which we have read with reference to the details. The numbers 764th Infantry Division which appear on this are in error. They should be 704th and the three stamps throughout are those of the 704th and not as two of them appear to be-the 764th.
If Your Honors will bear with me for just a moment, the distribution list here says "Distribution as reference instructions." In that appears the reference instructions referring back to Order No. 2848/41 which is secret to October 1941 and the document number is NOKW-557. It is Exhibit 88 in evidence and, of course, they turn back to this in order that the distribution will be the same as that of the original order because this is a supplement to it, and the distribution list on that, as the Court will recall, includes the 65th Corps, the separate division, the separate Infantry Regiment, various other offices and staffs, and then information copies to the Wehrmacht Commander Southeast, the German General in Zagreb, and two copies in reserve. That appears on pages 35 and 36 of the English document book III and the distribution list is completely on page 29 in the German document book.
There is no need to read this document again. It has just been read. The contents are the same down to the instructions which the Court can see at their leisure. On page 68 of the German and page 91 of the English, Document 561 which is a report on the number and category of persons in the concentration camp at Sabac, this is dated 25 October 1941, Belgrade, and is addressed to the commander of Serbia, Administrative Staff for the Plenipotentiary Commanding General in Serbia and it is sent by the Chief of the Administrative Staff to the Plenipotentiary Commanding General in Serbia, and says "I transmit in the appendix a tabulation concerning the state of the camp in Sabac for the time from 18th to 24th October 1941."
There is a receipt stamp of the 18th Corps which the Court will remember is commanded by the same man who is the Plenipotentiary Commanding General in Serbia, dated 26 October 1941, and on page two of the original, the camp in Sabac during the period mentioned 18 to 24 October, there were on 17 October, 15,724 inmates; one week later there were 16,445; an increase of 721. Then it shows that 891 had been examined, 727 discharged, 90 had been shot and the total shot up to now is a thousand.
Major Hatfield, would you please tell me whether or not I gave that last document an Exhibit number?
THE SECRETARY GENERAL: 104.
MR. DENNEY: 104--thank you.
We may pass the next document and we come now to NOKW-802 which is on page 71 of the German text and page 96 of the English text. This is offered as prosecution's Exhibit 105 in evidence. This is a directive of 26 October 1941 from General Boehme through his chief of staff Turner to all administrative subareas and all district headquarters.
DR. LATERNSER: I must protest against the introduction of this document. The whole document is again a document merely covered typing. It starts with the word "copy". That is the copy of a document, copying of a document. I would like to draw the attention of the Tribunal that what follows next is top secret. A top secret document can never be allowed to be copied. On the document there is no certification. This certification is also only typewritten and the name is also typewritten. Since there is nothing written with handwriting on the document except that which the prosecution has written itself, this is not a document but just a piece of paper covered with typing.