"The same inner disapprobation of FOERTSCH applied also to measures of collective punishment, since, according to his interpretation, innocent people would needs be caught also. To be sure, in view of the means of warfare to which the opponent resorted, he could indeed not question the necessity of collective punishment in many cases.
This conception of his with regard to military and political measures in the Southeast FOERTSCH PRESENTED REPEATEDLY AND WITH COMPLETE CANDOR TOWARD SUPERIOR OFFICES WITHOUT REGARD TO HIS PERSONAL POSITION. IN MY OPINION FOERTSCH ALSO REACTED CORRESPONDLY TO THE CONSTANT CONTEMPT FOR HIS PROPOSANS BY REPEATEDLY ASKING FOR A TRANSFER TO THE FRONT. IT HE NEVERTHELESS REMAINED ON HIS POST AS LONG AS HE DID IT WAS AGAINST HIS WISHES AND BECAUSE OF THE REPEATED CHANGES OF COMMANDERS-IN-CHIEF. IT SUITED HIS SENSE OF RESPONSIBILITY, SINCE HE WAS FAMILIAR WITH THE REAL CONDITIONS, TO WORK AGAINST INEXPEDIENT MEASURES AS MUCH AS POSSIBLE AND TO PREVENT STILL GREATER DISASTER."
Then I shall road only the last paragraph of this affidavit on page 35:
"The tragedy of General Foertsch was that he was appointed to a post in the Southeast on the basis of his ability. Here he always wanted to do that which was good, but he was tripped up time and again and was ordered, over his warning voice, to put into effect measures which he could often only mitigate, but not wholly obviate, because of the limitations sot on his authority."
The next document will be document No.55, documents 54 and 54-A I shall not offer. Document 55 is on page 43, which I offer as exhibit 47. This is an affidavit by Erwin Braumueller, who was chief of the Economic Staff Southeast and military economic advisor to the Commanderin-Chief Southeast. It is evidence of the measures taken by General Foertsch for the benefit of the civilian population. It reads as follows:
"I got to know the former General of Infantry Foertsch in spring of 1941, when I reported to him for the first time in my capacity as Chief of the Economic Staff Southeast and Advisor in matters of military economy to the C.I.C. Southeast High Command Army Group E, later F in Salonika."
"My sphere of activity was restricted to purely economic matters in the command area of the Army Group. The German war economics officer in Salonika was my permanent representative with the Army Group up to the time when Headquarters were removed to Belgrade. He regularly attended the Monday conferences with the Chief. As for myself I visited General Foertsch personally only on special occasions to report orally to him; later, in Belgrade, I myself attended the Monday conferences with the Chief. General Foertsch regularly received the monthly economic report, which I had to submit to the Office for War Economy and Armaments in Berlin from which I got my technical directives. "Both I myself and the war economy installations in the South-East area always got most effective support from General Foertsch when it was a question of helping to re-start immobilized or financially weak economic enterprises such as power plants, mines, cement works, etc. for the benefit of the armament of the occupying authorities or also of the country, by furnishing the missing technical equipment as well as coal and raw materials and supplying the workers with food, aiming solely at the steady improvement of the economic conditions in the South East, to secure jobs for the workers and so to bring about the real pacification of the South-East area, such as aimed at by the Army Group.
"In Greece, for instance, the Wehrmacht-Building Material Office was set up by the Army Group for this purpose. It was incorporated in the office of the War Economy Officer at Athens (later War Economy Staff Greece). In closest cooperation with the Greek government, the Wehrmacht Building Materials Office took care of all power plants vital for the capital Athens as well as of all coal pits, ore mines, cement works, brick works, etc. essential for the economy of the country. The monthly reports showed steadily rising production figures, up to 15 17,000 workers and their families were supplied with foodstuff partly from Wehrmacht stocks. Also, in regard to the anti-malaria combat everything possible was done by making available supplies of Atabrin from Wehrmacht stocks in order to improve the state of health of the factory employees.
"Again and again General Foertsch made suggestions aiming at the advancement of the economy, showing particular care for the population. As regards the execution of the tasks assigned to me in the field of war economy, I, for one, could not have wished for a more appreciative superior who above all staked his whole personality to secure all from the higher authority that was required.
"Thus, it was also thanks to his efforts that in the spring of 1944 the mining battalion of the War Economy Sector South-East, composed of about 1500 highly skilled mining exports was employed in the SouthEa.st area for the double purpose of "Increase of production" and "Protection of the Mines and Smelting Works against the ever increasing surprise raids and acts of sabotage by insurgent formations."
"The complete lack of understanding on the part of the Reich authorities and the supreme leadership of the geo-political conditions of the South-East area and the ever increasing above mentioned raids and acts of sabotage as well as the incitation and vexation of the population, and, what was more important, of the personnel of the economic enterprises by the insurgent organizations could not but result in the frustration of ail the well-intentioned economic measures taken or supported by the Army Group for the lasting pacification of the troubled South-East area.
These conditions which were insupportable for the occupation troops, but also for the peaceable population of course led to measures dictated by military necessity.
The next document is Document Foertsch No. 56 which I shall offer as Exhibit 48. This document is offered in rebuttal of Exhibit 539 contained in Document Book VIII of the prosecution and which if I might remind the court of the examination of the defendant on the witness stand, deals with the strength of the Mihajlovic movement.
This document, Exhibit 539 - I must correct myself there; it is in Document Book XXIV, but I dealt with it in connection with the documents in Book VIII; it is contained twice in the books - is a letter by the OKH, department of foreign Armies East which through intelligence received from interception of Mihajlovic radio communications, gives a compilation about the strength of the Mihajlovic movement. Defendant Foertsch has already expressed his comments about that, and this affidavit here by Wilhelm Hammer supports and bears out what he said. It reads as follows:
"With reference to the letter from OKH, General Staff of the Army; Section Foreign Armies. East III No. 100/43, Top Secret, of 9 February 1943, I wish to point out that the comments do not at all square with the conception which section I c (Intelligence) at headquarters of Army Group E has formed of the enemy. It appears that OKH (Foreign Armies) was taken in by the boastful broadcasts of Mihailovitch). D.M. proved himself to be an excellent propagandist who knew excellently how to humbug his listeners, in particular the Allies, into accepting an exaggerated idea of his power.
"This will be confirmed by the then Intelligence Officer, Colonel Behle, moreover, his predecessor, Colonel of the General Staff Pfafferott will be able to confirm it partly from his own experience. "It was obvious from the true picture of the enemy which presented itself all the clearer to section I c of Army Group E as the facts underlying the Mihailovic broadcasts were known, that the so-called sub-commanders were chiefs of guerilla bands, partly at feud among themselves and by no means obeying Mihajlovic instructions and orders, and for the most part acting against his orders.
It is out of the question that there existed a Yugoslavian army of 150,000 men at that time, and that another 457,000 men could be expected in case of a general uprising. The facts as they emerged shortly after the issuance of the OKH letter in connection with the 'operation Schwarz' proved the correctness of the picture which section Ic of the High Command of Army Group E had formed of the enemy.
In this connection it might be mentioned in passing that even at that early stage the Tito movement was a serious competitor of the Mihajlovic movement.
It was, therefore, noted very regretfully at the time when the letter from OKH was received that conditions in the South-east area had once more been grossly misjudged by higher authority."
The next document which I beg to offer is Foertsch Document No. 57 which I offer as Exhibit 49. It is on page 48 of the document book, It is an affidavit by Freiherr von Buttlar and it deals with the question of recognizing the Tito troops as a belligerant power. The affidavit reads as follows:
"From 1 January 1942 till 16 November 1944 I was chief of the Operational Section (Army) in the Armed Forces Operations Staff of the High Command of the Armed Forces. In this capacity I got to know General Foertsch as Chief of Staff of Army Group E, later F, which was stationed in the South-East and directly under the High Command of the Armed Forces, through official correspondence, telephone conversations and also became personally acquainted with him by occasional visits in the Fuehrer's Headquarters.
On the strength of these relations I am in a position to make the following statements:
As regards the question of a recognition of the Tito forces as a. belligerent power, it never came to my knowledge that we had at any time been notified of a recognition by the Allies of the Tito forces as an integral part of the Allied forces fighting in South-Eastern Europe.
"However, the question of a recognition of guerilla movements in the Southeast as regular forces was broached, though unofficially by members of the Staff of the C.i.C. South-East during their presence in the Fuehrer's Headquarters as early as the beginning of 1943, if my memory serves me right, even prior to the operation "WeissI". Whether General Foertsch or a member of his staff reported to me about this matter I cannot say with certainty.
However, in 1943, there would have been no point at all in submitting such a suggestion to Hitler, considering his general attitude to the question of guerilla bands, and also for reasons of international law (combat methods of the bands contrary to international law) as well as for political and propagandist reasons.
"I remember that this question was cautiously advanced by Generaloberst Jodl during a report to Hitler on the intended operation Weiss I, but was brusquely rebuffed by the latter who forebade the use of any military terms in connection with guerilla bands (for instance "guerilla brigades") and ordered these to be replaced by the designations "small bands", "medium bands" and "large bands".
"Although no general change in the official attitude to the guerilla question took place, a certain change did occur in practice in the summer of 1944 which was reflected in the "Instructions for the Anti-Guerilla Combat" which were issued at that time. In these instructions it was ordered, - as far as I remember, - that in future members of guerilla bands, with certain exceptions, were to be treated as prisoners of war. However, Hitler remained firm in his insistence on having the bands designated as such.
This change, if I remember rightly, was essentially conditioned by the rising of the Maquis-movement in Southern France. Despite this fact, even after the publication of the above instructions, the only official motion for recognition of a guerilla movement- namely, the Maquis movement - was not approved by Hitler. Whether the motion was rejected or just left unanswered I cannot say.
The next document which I offer is Foertsch No. 58, which will become Exhibit No. 50 is an affidavit by Hermann Brudermueller. Hermann Brudermueller, as can be seen from the beginning of the affidavit at the end of July 1943, was an expert on the Southeast, was transferred to the Operations Division of the Wehrmacht Operations Staff. He met the Defendant Foertsch at the end of August or the beginning of September 1943, in Belgrade. I offer this affidavit in order to prove the attitude taken by the Defendant towards the problems in the Southeast and particularly about the question of recognizing the Tito bands as a regular army. Lest I repeat myself unnecessarily, I shall read only that part of the affidavit which is found on page 52 of the Document Book, under "c". It is on the top of page 52:
"c) I know of Herr Foertsch's ceaseless attempts to have the Titounits recognized as regular troops. They were wrecked by Hitler's stubborn attitude which, for instance, forbade the use of the descriptions "Division Corps" etc. for Tito's forces. It was only permitted to call them "guerilla bands" or "large bands".
"As far as I can judge, Herr Foertsch never made any secret of his opinion of the questions regarding the Southeast area, I know that his subordinates on the staff valued him very highly for this sincerity and I always heard from them that Foertsch expressed his opinion in a firm and manly way, and never allowed himself to be intimidated by anyone (not even by members of the Party.)"
MR. FENSTERMACHER: Your Honors, I would like to read into the record a few lines on pages 51 of the English, found on the first page of this affidavit, about in the middle of the page: "I know Mr. Foertsch's basic attitude on the essential Southeast questions in the first place from the memoranda submitted by the Army Group as well as from telephone conversations between Herr Foertsch and my superiors. I can remember in detail: a) Herr Foertsch held the point of view that a pacification of the Southeast area could only be achieved by military operations against the guerilla bands, and that considerably more combat troops would be necessary for this."
DR. RAUSCHENBACH: The next document will be Foertsch Document No. 59 which I offer as Exhibit No. 51. It is an affidavit by the former medical officer of the 12th Army, Army Group Physician for Army Group E and Army Group F, Dr. Hermann Hofmann, of whom I have already submitted an affidavit in a different connection. The first was an affidavit concerning the contents of the chief's conferences held by the defendant Foertsch. This affidavit, on the other hand, deals with the measures taken by the Army Group, mainly at the suggestion of the defendant Foertsch, to provide the population with medical supplies and to keep the population healthy. Here again we find the exact opposite to a plan of extermination such as has been held by the Prosecution in the case against the defendant Foertsch. I shall begin on page 53, the first page of the document, starting with the last paragraph:
"I know, that neither Field Marshal Freiherr von Foertsch ever expressed any opinion to me, which even in the least violated the laws of Humanity. Neither did I ever hear statements from any other side, which would justify such an assumption. Their thoroughly humane, not to say benevolent, attitude is best characterized by the deep understanding, which they showed for the sphere of my medical activity. After I had oriented myself on my sphere of work, after I took up my office, I explained to the Field Marshal Freiherr von Weichs and to the Chief of the general staff, General Foertsch, on the occasion of my first oral report, the medical and hygienic aid measures which had already been started by my predecessor for the civilian population in the South East area. I received their express approval and unreserved support, within the scope of the military possibilities, for the continuation of those measures.
"Until the end of the war, I had a compilation made for every country of the Balkans of all those measures, which we carried out in the sphere of health service for the civilian population. Of these, the report on Greece in fall and the report on Serbia, Groatia, and Albania in form of surveys are available. The reports were made out by the local leading health officers, then under my authority, or by commissioned hygienists.
Based on these reports the measures effected by the Wehrmacht in the interests of the civilian population, which could be undertaken only with approval and support of the Supreme Commander of the Chief of the General Staff, present, the following picture in brief:"
And then he gives a rather detailed description of the measures which were taken in Greece, and then of those taken in Serbia, and finally in Croatia, to fight epidemics, for the welfare of refugees, the quite generally for the medical welfare of the population. These details are listed as can be seen from the affidavit on the reports drawn up at the time. I shall, therefore, limit myself to reading only a few sentences therefrom, but I would like the Tribunal to pay attention to the document in its entirety. I wish to read from the paragraph 1, "Greece", on page the following sentence which will be found in the German Document Book, and I think also in the English Document Book, especially underlined. In the English Document Book I that it is unfortunately not underlined. I shall, therefore, read it. It reads as follows: "The medical care in the country was secured free of charge by German health officers during the entire period of the occupation." And, skipping one more sentence, "During the occupation of Greece a total of at least million Greek men, women, and children were advised, treated, and operated on free of charge of German army doctors, specialists, and professors.
"Support of the Greek hospital system.
"The position of the Greek civilian hospitals also was critical at the time of the invasion, as a result of the previous Italian campaign and the inadequate supply system for food and first rate medicines. Measures carried out by German offices: Securing the supply from German stocks, free issue of medicines and bandages, installation of auxiliary hospitals, organization of Greek aid centers for mothers and children including constant allocation of vitamin preparations."
Then "c", the supply of medicines to the civilian population.
"Throughout the entire period of occupation the adequate supply of medicines of all kinds to the Creek population was secured by the aid measures of the German army doctors and by importing German medical supplies. Example: For the area Salonika-Aegaeis alone 12 million Atebrin tablets, 3 million Prochinin tablets, 50,000 ampeules of Atebrinmusenat. Further supplies were delivered as required. Transportation to the individual districts and towns was effected in German vehicles, to the islands in airplanes."
And then there is a paragraph "d" -- "General Prevention of Epidemics." And the last sentence in that paragraph reads: "Result: Throughout the period of occupation, Greece has boon spared of large scale epidemics during the occupation."
Then on page 57 we have the paragraph about malaria prevention which has been mentioned before in other affidavits. I need not go into it again. And then on page 58 there is a description of conditions in Serbia, "Hospital system."
"Special care for all installations of the civilian health service, in particular hospitals, first-aid stations, and clinics. Supply of bandages and linen to the hospitals. Among other things, more than 700000 meters of linen for bedding for civilian hospitals were issued from German stocks. Special allocations of coal for the civilian hospitals during the winter months.
"b Medical supplies.
"Organization of large-scale drug supply, adequate supplies of medicines of every kind to the local civilian pharmacies throughout the period of occupation."
And finally on the next page, paragraph "d", "prevention of epidemics," the second sentence:
"Setting up of epidemics prevention groups, so-called "Equipen", which consisted of 2-3-doctors, nurses and disinfectors. The equipment of these groups with mobile disinfection apparatus, distribution of linen, clothing and adequate money from German stocks.
Emergency allocation, whereever focal points of an epidemic danger appeared.
"e Typhus.
"Excellent results by drawing up of a sanitary corden along the Drina.
"Large scale delousing measures and setting up of quarantine stations."
Finally on page 60 is an example, paragraph "i" "Tuberculosis."
"Establishment of poli-clinic treatment facilities for the civilian population at German hospitals.
"Extension of large sanitariums in Knez Sela near Nisch and in the Dinat, at the expenses of the German administration.
"k Welfare of refugees.
"Organization of an extensive welfare and care system for the stream of refugees moving back and forth within the entire Balkan area.
"In the Serbian sector, for instance, in the area Raska, 30-40 000 completely destitute refugees were cared for exclusively through German aid.
"The following measures were carried out:
"Securing of nutrition from German stocks, "Delivery of several 100 truck loads of food, "Creation of special homes for sich and ailing children.
"Medical care and supervision by German health officer. Supply of infant milk for new-born children. Procurement of additional food for the welfare organization "Mother and Child" in connection with the International Red Cross."
And then on page 61, paragraph 3 on Croatia, here again there are some more paragraphs about medical care for the civilian population, malaria prevention, etc. in a similar manner. The same applies to page 62, paragraph about Albania. The paragraph about Albania I should like to read from the beginning.
During the occupation on 9 September 1943 the situation of the Albanian health service was very critical. After taking over the areas formerly occupied by Italy, the first consideration was the maintenance of the existing sanitary establishments. The difficulties were, on the one hand, the fatalistic attitude of the inhabitants (30% Mohammedans) and the passive resistance, which, with the recognition of Albania as an independent state, was offered by the Albanian authorities and particularly by the Albanian doctors, who saw in the measures of the German agencies a competition running contrary to their economic interests.
On the next page, paragraph A, hospital system and medical care: "At the time of the occupation, situation catastrophic."
And then the measures carried out: I shall read paragraph 2.
2) Admittance and medical care of the civilian population in the German hospitals in Valona, Lushnja, Elbasan, Tirana, Miloti, Skutari, Kukos, Struga, and Korza.
Results of these measures:
Most intensive use of these installations, particularly of the specialist stations, by the Albanian civilian population. The German doctors had great prestige with the civilian population, and they expressed their gratitude up to the last day of the occupation.
Then on the next page, paragraph Malaria Prevention, on page 64 in the middle. It is just in the middle of page 64: "In Valona, a multi-joint pump and drainage system was established. For the entire Malaria scheme for the civilian population, about 800,000 Albanian francs, equal to 300,000 Reichs Mark, were spent in one year for wages and materials alone, by Germany."
And then paragraph D, General Hygiene. "Supervision of the civilian health welfare, despite all the resistance of the Albanian doctors."
On the next page, 65, skipping a few sentences, -
Result: During the German occupation Albania has been spared any epidemic worth mentioning. The number of Malaria cases in the civilian population has decreased considerably.
All these measures in the Balkan states, above described, which were always carried out in collaboration with the medical civilian agencies would have been impossible, if General Fieldmarshal Freiherr von WEICHS and General Hermann FOERTSCH had not been guided in their attitude towards the whole population question, not only by a purely humane feeling, but also by the intention of active aid.
This statement holds true, not only for the generals primarily responsible for the executed measures, but also for the subordinate local military commanders and their Chiefs of Staff, which applies in the present case especially for General of the Armored Corps KUNTZE, Generalmajor von GEITNER, General of the Air Force FELMY, and General of the Air Force SPEIDEL.
As an enclosure with this affidavit, I shall offer Document No. 60 which will become Exhibit 52. This is a copy of a letter of the Vice President and Minister of Health in Greek Government, dated Athens, 29 June 1942, addressed to a German Medical Officer in Salonika. It is addressed to Oberstatsarzt Dr. Wehrens. This letter reads as follows:
Dear Major, Your personal contribution in the restoration of healthy conditions in Macedonia and your assistance in the organization of the medical service there -- and this under the present difficult conditions from which our country suffers --, oblige me to offer you the most sincere thanks of the Greek Government and to ask you to favor us with your benevolent interest in the alleviation of the bitter sufferings of our distressed population also in the future.
I take the opportunity to offer you also my sincerest personal thanks for your friendly feelings toward our country which, thanks to its past, its culture and its history, merits the reverence and love of all cultured people.
The next document I would like to offer is Foertsch Document No. 61 which I offer as Exhibit No. 53. It is an affidavit by Arthur von Schauroth which describes a few incidents connected with the guerilla warfare, surprise attacks on soldiers in leave and. hospital trains. It reads as follows:
From fall 1943 until the capitulation I was detailed to the Commander in Chief "South-East" (Supreme Command of Army Group F) as General for Special Missions (Commander of the Order Troops of the Wehrmacht) and, in this capacity, was under the direct orders of Field Marshal Freiherr von WEICHS, Commander in Chief. From 10 September until March 1944 this developed into a regular official collaboration with General FOERTSCH, Chief of Staff of this Army Group and consisted of occasional discussions and of the regular attendance of the Monday Conferences of Chiefs.
The duties of the Order Troops which in part were completely subordinated to me, and in part were under my orders only with regard to their duties (Patrol Units, Welfare Detachments, Rod Cross Auxiliary Workers, Railway Traffic Officers, Direction Centers), consisted in supervising discipline and in providing care (food, information, billeting, delousing, etc.) for all unattached German soldiers, in particular those on official journeys, on leave or those who were separated from their units in the larger cities, on the bigger railway junctions and on the furlough-trains.
It happened that on the Belgrad-Geurk track all passengers of a furlough-train, including the train guards which had been detailed from the order troops, at a strength of 1 officer, 2 NCO's and one orderly, were butchered by the partisans in summer 1944. There is no other expression available in order to truly describe the state in which the corpses were later found. These matters cannot be judged by normal Central-European standards at all. In order to do so, one must have an intimate knowledge of Balkanian customs and habits which, however, have not been invented by the Germans.
And then the next document I should like to offer Document Foertsch No. 62 which I offer as Exhibit No. 54. It is an affidavit by Wilhelm von Starck who, as it says at the beginning, w..s an ADC to the staff officer for artillery from 8 October 1933 until 30 April 1933 with Army Group F. Ho took part in the Monday conferences on occasion when the defendant Foertsch was present.
THE PRESIDENT: We will not be able to complete this affidavit with this day's proceedings and the Tribunal will adjourn at this time to reconvene tomorrow at nine-thirty.
(The Tribunal recessed until 17 October 1937 at 0930 hours)
Official Transcript of the American Military Tribunal in the matter of the United States of America against Wilhelm List, et al, defendants, sitting at Nurnberg, Germany, on 17 October 1947, 0930, Justice Carter 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 Honor, all the defendants arc present in the Courtroom except the Defendant von Weichs who is still in the hospital.
THE PRESIDENT: Judge Carter will preside at this day's session.
PRESIDING JUDGE CARTER: You may proceed.
DEFENDANT HERMANN FOERTSCH - Resumed.
DIRECT EXAMINATION - Continued BY DR. RAUSCHENBACH:I shall now come to Document No. 62 in Document Book III for the Defendant Foertsch, which is on Page 70 of the Document Book.
And I offer it as Exhibit No. 54. It is an affidavit by Wilhelm von Starck, by which I wish to prove the attitude of the Defendant Foertsch towards the problem of how to fight the bands and particularly his attitude towards the OKW. I want to road a brief excerpt from Page 70 of this affidavit. I shall start at the beginning:
From 8 October 1943 until 30 April 1944 I belonged to the Staff of Army Group F. I was a Hauptmann (officer of the reserve) and adjutant to the Staff Officer for Artillery. I was present at almost all verbal reports of my superior to Foertsch. Moreover, I made some independent verbal reports to him, and, in that capacity, I also took part several times in the Monday conferences of the chiefs. Because of this activity, as far as our sphere of work was concerned, I was constantly informed of the basic line observed by the Army Group with regard to the SouthEast.
This line differed considerably from the one ordered by Hitler. Foertsch softened a good many of the orders of the OKW. In the Monday conferences as well, particularly in the course of internal verbal reports and personal conversations, he did not conceal his opinion about the absurdity of some OKW directives. If Foertsch assumed responsibility for such alterations of orders, he did so solely because of his personal repudiation of certain war methods to which Hitler was turning more and more as the end of the war came in sight. Foertsch's fundamental stand concerning the question of collective measures against the population may be summed up by the following: 'The population is to be left alone as far as possible, since the best basis for a defense by the weak German troops lies in a pacification of the territory.'" The next document I beg to offer is Foertsch No. 63, which I offer as Exhibit No. 55.
This is a copy of an excerpt from a letter of Foertsch to his wife.
Q. Witness, did you write this letter at that time, and is it completely contained in this exhibit?
A. I wrote this letter on 3 September 1943, and here I have the complete copy.
DR. RAUSCHENBACH: Once again the letter shows the Defendant's attitude towards the OKW in the same manner in which he wrote it down in this letter. This brief excerpt reads as follows: "No news here. Except for a stupid letter from JODL, who imagines that one can do a lot with staffs without troops. One can only laugh and pity these people up there in their own fashion."
The next document, also a letter, is Foertsch Document No. 64, on Page 75 of the Document Book. And I offer it as Exhibit 56.
Q. Did you write the letter at the time, Witness?
A. Yes, I wrote this letter on the 4th of September 1943, and the document I have in front of me is a complete copy of it.
DR. RAUSCHENBACH: I shall read the extract from the document book. It reads "But one is not surprised at anything anymore than comes from higher up. All in all rather an unsatisfactory feeling, all the more so as a gain and again all requests meet with a 'we do not have a thing.' But they expect everything as though everything were available."
And the next document is also a letter on the same subject-matter. This is Document No. 65, which is offered as Exhibit No. 57. It is on Page 76.
Q. Did you also rite the letter at the time, and is it completely contained in the exhibit?
A. I wrote this letter on the 7th of September 1943, and it is complete.
DR. RAUSCHENBACH: I shall read the fourth sentence: "Those things however, which should be remedied, for instance the pigsty Croatia, are discussed again and again, or one plays at blindman's bluff with them, and nothing is changed either. A continuous muddling through, and I am fed up. But this will pass too, as soon as I get a little more freedom."
Q. Witness, what did you mean when you said a little more freedom.
A. As I explained before, my activity tied me usually to the telephone at my desk, and it was my hope in those days that sooner or later I might be able to go on a journey somewhere which might relieve me of this daily routine.
Q. What did you mean when you said, "Those things which should be remedied, for instance the pigsty Croatia?"
A. The whole policy which I have described frequently before.
DR. RAUSCHENBACH: The next document is Foertsch Document No. 66, on page 77 of the Document Book, and I offer it as Exhibit No. 58. It is also a letter. And I wish to prove with it that the Defendant tried time and again to be relieved from his position as Chief of the General Staff.
Q. Did you write the letter at the time in that form?
A. I wrote the letter at the time mentioned, and it is complete in the document.
DR. RAUSCHENBACH: "It is unlikely that I shall change my position in the fall, probably not until the spring, and this when the threat in the Northern part is greater than ever. The old staff has been degraded more or less to an AOK, and kept only the name Army Group because of personal considerations for LOEHR. Weichs would not give me a release now."
And then we come to Document No. 67, which I offer as Exhibit No. 59, on Page 78 of the Document Book. It is a letter dated the 30th of July 1942. And it is about the subject-matter which we had before, namely, that General Foertsch tried time and again to be relieved. And the last sentence is particularly characteristic.
Q. Did you write the letter at the time in that form, and is it complete?
A. It is complete, but it was written on the 30th of July 1943. In the German Document Book it says 30th July 1942, which is wrong.
DR. RAUSCHENBACH: In the English Document Book there is also a misprint in the date. The original says 30th July 1943. I will be grateful if this can be corrected. The actual date is 30th July 1943.
It reads as follows: "Yesterday Generalfeldmarschall von Weichs who possibly will replace Ro. arrived here."
Q. Who is Ro?
A. At that time there was a rather strange plan whereby the whole of the South East area was to be divided up into a Greek part and into that part North of the Greek-Albanian-Bulgarian Frontier. The idea was that Field Marshal Rommel should take over Greece at that time, but it was never carried out.
DR. RAUSCHENBACH: To continue:
Whether I shall then stay with W. I do not know. He obviously would like me to do so, and through his assistant Adjutant he has already asked mine some funny questions.