"Because of an attempted blowing up of a railroad line, 20 arrestees were hanged." This report is unique for the reason because it is completely unclear and the second reason is that it is a particular strong measure. It does not become clear here who these 20 arrestees are. It is here again very unfortunate that the troops are not consistent in the use of their designation. Were those people arrestees who were arrested for reprisal purposes and for this very purpose or were they people who were arrested on the spot? I would not feel inclined to believe this latter assumption because it would be in contradiction with the orders which existed and also with the use such as it was applied.
It is also unusual here that these people were hanged for an attempt to blow up the railway. Therefore, this report does not show anything clearly. It is just an unclear report. On the basis of my knowledge of the situation and the conditions, this may concern an attempt to blow up a railway line and reprisal measures might have been taken for the reason that at an earlier date the railway line had actually been blown up, so that in this instance measures were taken even though it was only an attempt.
In the document which I commented upon yesterday, Exhibit 375, where I went through all the daily reports, it was made clear that in no instance every individual attack was retaliated but that five or six acts of sabotage took place until finally reprisal measures were taken. Therefore. I would have to assume here that this attempted blowing up of the railway was preceded by the blowing up of the railway line which had actually been carried out before the agency concerned decided to take such reprisal measures.
A. ... There is one thing that I want to add here. If it says in this report "Hanged," the Army would, under all circumstances, he convinced that these people were hangled after court martial procedure, insofar as people were concerned who had been arrested immediately before or after the action. The designation "summary court martial" was, on principle, omitted in these reports because the reports from the troops were mainly passed on by radio, at least up to the division or to the corps, and only from there on--and then not always--there was a proper telephone communication line. Every radio message had to be coded, and there was a very strict order to me it every superfluous word. In accordance with our situation there the term "summary court martial" was entirely superfluous in such a report.
Q. General, we are now dealing with Document Book XXV, Exhibit 561 which is Document No. NOKW-1796. It is on page 13 of the German and on page 14 of the English text. In this document you are charged with Count 3 of the Indictment. This is an entry in a War Diary, and it talks about the arrival of General von Leyser and of the transfer of the command etc. Can you remember any events here which were in connection with the Count of the Indictment?
A. No, this Count of the Indictment also is inexplicable to me because not even the contents of the conferences are given here. These are conferences of people who have to reply on personal discussions. I cannot explain why I am charged with this at all.
Q. Then, would you like to look in this same Document Book XXV, on page 25 of the English text and on page 21 of the German text. It is Document No. NOKW-1746, Exhibit 562. You are charged on Counts 1 and 3 in connection with this document. Could you give us some brief comments on this fact?
A. The 187th Division makes a request to its superior agency, the LXIXth Corps.
The request is to transfer one battalion of the newly arrived 367th Infantry Division to Dubrava.
The reason given for this request is that Dubrava is a hot bed of Communist bands and that by transferring the battalion, the surprise attacks of the Communists might be decreased. This application is a matter of course. Then, it further says here that seizure of hostages is in some villages necessary because the villages contain up to 80% of house partisans. This affair also is a precautionary measure which was absolutely necessary under the conditions as they prevailed then.
Q. Well, then turn to Page 26 of the German text of this same Document Book and Page 33 -- three-- of the English Text. This Document is No. NOKW-766, Prosecution Exhibit No. 566. We have here several situation reports by the Plenipotentiary of the Reich Fuehrer SS for Croatia. You are charged with this document in connection with Counts 1, 3, and 4 of the Indictment. Would you take a look at the distribution list of this document and then possibly, with reference to what we discussed before, tell us whether the Plenipotentiary of the Reich Fuehrer SS for Croatia was subordinate to you or where, in accordance with the sketch we discussed before, he should be.
A. The Plenipotentiary of the Reich Fuehrer SS for Croatia was not under me. He was, only in the spring of 1944, temporarily tactically subordinated. That was at a time when the threats against the main-line of communication became so strong that temporarily all available forces had to be concentrated in order to protect this railway line. For this purpose the Plenipotentiary of the Reich Fuehrer SS for Croatia was, at the time, subordinate to me, but only in a tactical respect. This was the case for only a very few weeks. The document which we have here has no distribution list. It cannot be seen whether the Army ever received this document. It is a report of this police leader. Where he describes the events of the last few months, he does so it purely from the police point of view. He mentions combat actions with partisans. On page 2 of the document he mentions losses, and we can see that for the last month these losses amounted to almost 1,000 men.
And then there is one passage which I would like to point out, particularly where he judge ventures to the partisan warfare. He says, and this is in January, 1944, that in view of this situation there can be no longer any talk about partisan warfare in the common sense of the word; the fight which is waged here is a fight against regular enemy militia units. This designation can be traced back to the constant endeavor of the police units to bring their military activities into the line light. After this man had all his forces stationed in Zagreb and in Zagreb's nearest surroundings, he could not possibly have any insight into the whole area and conditions prevailing in the whole area. The opinion which he gives here has, apart from the mentioned ulterior motive, also the further restriction, that it could not have been formed on the basis of an opinion which covered a larger area.
Q. May I briefly draw your attention to page 4 of the document?
A. Yes, he also says here that Tito's organizations, for instance, were greatly influenced by the clashes with German units in the interior of the country. He talks about large and partly considerable losses on the side of the partisans, which they tried to compensate by compulsory drafts.
Q. I believe we can then leave this particular sphere. As far as it was possible we discussed all Counts of the Indictment concerning the partisan warfare; excepted are a few reports where the troops report reprisal measures. I shall not discuss all these reports individually and in every instance. Instead I would like to ask you generally, did you read all reports of the Corps concerning these reprisal measures?
A. No, that would not have been possible. My activity took me frequently away from my headquarters. On some occasions I was Absent 10, 12, and even more days in one month. I spent that time with the troops. It was very complicated to get there on account of the security measures which were necessary. The roads had to be searched for mines etc. which took up a great deal of time.
One troop, for instance, which I took from my headquarters to Zara in Dalmatia took 13 days to go there and return. When I was present in the headquarters, then the Daily Reports were orally reported to me on the occasion of the situation reports. Of course I was only informed of the most important incidents concerning the military situation. When I was away on official trips, then these reports were sent to me by telephone to the next place in a short except just summarizing the most important events. If there was such place, then they were sent by radio in even briefer forms.
THE PRESIDENT: We will adjourn at this time until 1:30.
(THE TRIBUNAL ADJOURNED AT 1215)
AFTERNOON SESSION (The hearing reconvened at 1330 hours, 30 October 1947)
THE MARSHAL: Persons in the Courtroom will please find their seats.
The Tribunal is again in session DEFENDANT:
Lothar RENDULIC - Resumed DIRECT-EXAMINATION - Continued.
BY DR. FRITSCH:
Q. General, the last thing we discussed were the reports, and you gave us an explanation that quite definitely it was impossible for you to see every single report because it was not submitted to you. Let me ask you now, was it possible for you to form an impression of all the measures taken?
A. Well, I'm bold enough to assume that I formed a over-all picture about the conditions.
Q. And could you tell us what the picture was you formed?
A. The picture which arose in my mind was that the reprisal measures were kept at a very low standard and that they were used only in rare cases and were never used unless there was a distinct necessity for them. I knew my generals and most of my commanders. I knew their attitudes. I was in a position to examine what they did all the time. I frequently had the impression that in the case of most of them military necessity took by far second place to human considerations. But the orders on which the troops acted, as mentioned, had been with the troops long before our time, and nobody was in a position to rescind them. The only thing we could do was to act as mildly as we knew how and always to see to it that any harshness would be avoided which could be avoided. This was how it was handled throughout my command during the time I was commanding in my area.
Q. To conclude this matter, namely, the whole question concerning the Southeastern Balkans, I would like once again to go back to one question which was mentioned by the Court itself.
General, you indicated to us how the partisan warfare developed. Did you, at any time, have the feeling that partisan warfare tended towards barbarism and that you yourself acted in a barbarous manner?
A. I explained before that as the development of arms gave to the individual a enormously destructive power and that the methods of partisan warfare were based on cunning and cruelty. Counter measures were dictated by the impossibility of finding out who the perpetrators were and to apprehend them. Nothing can ever be changed in these facts. I frequently tried to think, at the time, whether there wouldn't be other means as to how to conduct that type of warfare and whether reprisals could have been avoided somehow. I did not find other methods. If I consider that all these methods and means seemed to me to be admissible under International Law and that I could not imagine any situation in which a measure dictated by military necessity could be described as barbarous, then I am bound to reach the conclusion that I cannot describe the war against the partisans as barbarous and that my Army and troops did not act in a barbarous manner. New limitations set by International Law as to counter measures would be only an encouragement for future partisans to fight still more cruelly. A state which could never be in the position of being invaded by the enemy and which could never be in the position to organize a partisan warfare on a large-scale, but whose Armies, in all probability, would have to face partisans, a state of that sort cannot be interested in imposing new restrictive measures in the field of reprisals in partisan warfare.
Q. Now, what is your attitude, General, towards the general aspect of the alleged barbarous development of warfare?
A. It is true that the development of military warfare tends to increased severity. If we think back to the beginning of the century when the machine gun was invented, where not the individual rifleman was of importance but where this gun mowed down whole rows of people; when soon after the sub-marine was invented, where you simply press a lever in order to sink large ships with thousands of men on them; when finally the air armadas with large bomb carriers were created; and when the development of military technique reached its climax in the atom-bomb -- then it becomes plausible that many people feel that war has become barbarous.
At closer analysis, however, it becomes clear that that development unhappily is a logical one. Man has become prisoner of technique, the prisoner of his own potentialities. In that development I am unable to see a criminal element and, therefore, further development in warfare cannot be directed by military tribunals, but only by the nations' remembering and bearing in mind the enormous latent dangers.
Q. May it please the Tribunal, may I, at this point, interrupt the examination of this Defendant as a witness and now submit Document Book I, which is already before the Court? Document Book I contains a number of documents of general value, but I have sub-divided it to the effect that Document Book I, with its supplements, describes events in the Southeast Balkans, whereas Document Book II will deal with matters in Norway. May I submit first Document Rendulic No. 4, which will become Exhibit No. 1
THE PRESIDENT: Dr. Fritsch, have you not numbered these maps as an exhibit?
DR. FRITSCH: Your Honor, I described the maps as I-a, but now, as I am offering them in the document book, I shall give them their definite exhibit numbers.
THE PRESIDENT: Are you giving the maps and the other documents some different exhibit numbers?
DR. FRITSCH: Yes, Your Honor.
THE PRESIDENT : Very well.
DR. FRITSCH: In the case of Exhibit No. 1 we have an extract from the agreement concerning Land Warfare of 1907. The court will recall that in my Opening Statement I pointed out that I had my doubts as to the competence of a military tribunal for the sentencing of the cases here before this Court. In this connection I submit Article 8 of the Hague Land Warfare Conventions, which reads as follows?
"Prisoners of war are subject to the laws, regulations and orders which are in force in the Army of the State in whose custody they are.
I shall then submit Rendulic document number 5 which I offer as exhibit number 2. This is a document in the same context. Article 63 of the Geneva Convention of 27 July 1929 reads as follows:
"A judgment against a prisoner of war may only be passed by the same courts and in accordance with the same procedure as a judgment against the persons belonging to the armed forces of the detaining power."
In a similar context I offer Rendulic document 6 in volume 1 which I offer as exhibit number 3. This document is an extract in the English language and the translation I made myself in order to be able to read the important parts of it here. This is a manual for courts martial of the United States Army published by direction of the President and effective on April 1, 1928. The copy at my disposal was published in 1936.
"Appendix 1, The Articles of War. The articles included in this section (section 1, Chapter II, act of June 4, 1920) shall be known as the Articles of war and shall at all times and in all places govern the Armies of the United States."
Then, I have not gone into details of Preliminary Provisions, number 1, because they are not of interest here.
"II. Court Martial. Courts martial shall be of three kinds, namely: First, general courts martial; Second, special courts martial; and Third, summary courts martial.
"Article 4. Who May Serve on Courts Martial. All officers in the military service of the United States, and officers of the Marine Corps" --
THE PRESIDENT: With reference to subsection 4, that does not appear in my document book.
THE INTERPRETER: It is on the previous page, your Honor. These seems to be some mistake in the binding of the volume.
DR. FRITSCH: I see just now, your Honors, that it has been put together wrong.
THE PRESIDENT: It is on the previous page?
THE INTERPRETER: It is on page 3.
DR. FRITSCH: Yes, it is indeed. To repeat: "All officers in the military service of the United States, and officers of the Marine Corps when detached for service with the Army by order of the President, shall be competent to serve on courts martial for the trial of any persons who may lawfully be brought before such courts for trial, when appointing courts martial the appointing authority shall detail as members thereof those officers of the command who, in his opinion, are best qualified for the duty by reason of age, training, experience, and judicial temperament; and officers having less than two years' service shall not, if it can be avoided without manifest injury to the service, be appointed as members of courts martial in excess of the minority membership thereof.
"Article 5. General courts martial. General courts martial may consist of any number of officers not less than five."
I need not read Articles 6 and 7, and I shall read Article 16:
"Officers: How Triable. Officers shall be triable only by general and special courts martial, and in no case shall an officer, when it can be avoided, be tried by officers inferior to him in rank."
I shall now come to the next document which is the document which I have given the identification number 1-A. It is Doc. No. 1. I now offer it as exhibit number 4. This is the map which we have discussed during the examination. I might merely point out here that on the photostatic copies the certificate which was given by defendant General Rendulic is not contained, but it is contained on the exhibit itself.
The next document is Rendulic number 7 in volume 1 which is offered as exhibit 5. This is an affidavit by Peter Sauerbruch. Sauerbruch was a Major on the General Staff and the Ic with the Panzer High Command 2 between May and November, 1943. Sauerbruch, during that period of time, at least during most of that time, namely, since August, studied conditions in the Balkans at close range and concerning the fighting against the Partisans he says the following:
"The Balkans partisans according to their inborn characteristics and the qualities hardened during centuries of guerilla warfare are of a cruelty which cannot be measured by any standards of normal warfare. For instance, in the autumn of 1943 in a village at the MontenegrinoSerbian border orthodox Serbs committed bestial atrocities which culminated in having the Mohammedan women set with their genitals on pointed wooded stakes.
"The partisans' methods of fighting were, of course, not more humane when fighting the German enemy. Cut off noses, cars and genitals from dead or seriously wounded soldiers, mutilations of wounded men lying on the field by knifing into their groins or eyes were almost regularly reported by the troops as soon as they had been trapped into an ambush.
"A German reserve battalion which was on the march through Northern Croatia to the Adriatic coast in September, 1943 was almost completely massacred while it tried to remove a rock used as a road block which had been partly blasted by the partisans. As far as I remember in the autumn of 1943 a short while after the Panzer Army High Command 2 had arrived in the Balkans, a list of proven atrocities committed by the partisans had been handed to the Army Group."
This concludes my reading of this document. We have attempted to obtain that list but we have not succeeded yet.
This brings me to the next document and I should say here that unfortunately from the photostatic copy I cannot decipher the document number. It probably has been cut off. This is document number 7-A. Kill you excuse me one moment please? And I offer it as exhibit 6. It is an extract from "Time", the magazine, "Time" and it shows a picture from a recent period of time from the guerilla fights in Greece. By this photograph I want to slow that these methods which have been described by a number of witnesses really occur in the Balkans down to the most recent period of time.
THE PRESIDENT: Have you incorporated that in your book?
DR. FRITSCH: Yes, I have.
THE PRESIDENT: It doesn't seem to be in our book.
DR. FRITSCH: If the Tribunal please, I have no influence on how the books are put together, unfortunately.
THE PRESIDENT: Do you have more than these copies which have just been placed on the desk?
DR. FRITSCH: I had a number of copies made and I gave them to the defense center when they put the book together. May I perhaps make the following request, lest we lose time? Perhaps I might reserve exhibit number 6 for this document 7-A and I shall come back to this matter later.
THE PRESIDENT: Very well.
DR. FRITSCH: I shall now offer document Rendulic number 8 in volume 1 which will become exhibit number 7. It is an affidavit by Dr. Josef Fessel who, as a colonel in the medical corps, was in the Balkans. He served from June, 1942 as the commander of the transport of sick department with the 2nd Panzer Army. This is what the affiant says:
I was commander of the department for the transportation of the sick 703 (motorized) of the 2nd Panzer Army and coming from Russia with it I arrived in Summer/Autumn 1943 on the Balkans. I was responsible for the transportation of the sick and wounded from the front to the rear medical installations.
On my official trips I had the opportunity to talk to the civilian population and to the indigenous civilian officials.
In these territories (Bulgaria-Albania-Serbia-Bosnia-Croatia) reigned fighting of all against all. The Wehrmacht fighting the Chetnicks of Colonel Michailovicz. The Wehrmacht fighting Tito's partisans. The Chetniks fighting the Tito partisans. The Chetniks and Tito's partisans fighting the Nedic Government. The Wehrmacht fighting the partisans in the Bulgarian and Albanian territory. The Wehrmacht fighting the Chetniks and the Tito partisans in the territory of Croatia and. Bosnia. The Chetniks fighting the Croatian Ustascha and Domobranes. Tito's partisans fighting the Croatian Ustascha and Domobranes.
In this territory mostly the same conditions are prevailing as at the time of the Thirty Years War, though here, too, the same blood was pulsating in everyone's veins.
Wedding parties were attacked, bound together with wire, each one of them got a notice board with the inscription "Happy Landing at Belgrade" hung around his neck, and then they were altogether thrown into the Danube or into the River Save. Some individuals were even crucified and supplied with the same notice board they were thrown into the river.
The custom developed that a group went into a village and held a meeting there and made propaganda for Tito or for the Ustascha. Then, often the intimidated population had to sign declarations, men had to join and then at a certain signal reinforcements arrived, which killed, raped, and pillaged as now it had been proved that the population were adherents of the Ustascha or of Tito. This was being done by every party and the population was completely defenseless and helpless.
It has unanimously been ascertained from statements made by men and doctors, who had succeeded in escaping from imprisonment with the Tito partisans, that officers were mostly already shot when being taken prisoner, and some of the men too. The survivors were in most cases robbed of their shoes, clothing, partly even of their underwear and in exchange they often only received rags. They were being ill treated, often beaten and made to do the most difficult and debasing work. Very often they were later on shot, especially when the fighting started and the partisans had to leave their positions.
The transporting of the sick and wounded was being effected by Sanka (ambulance) or by train. Sanka, as well as any motor car belonging to a medical unit, or the railroad coaches had been clearly marked by the "Red Cross" both on the roof and at the sides of the coaches. The hospital trains and auxiliary hospital trains had been clearly marked as such by the "Red Cross" on both sides and on the roof.
When at the Serbian Easter holidays in 1944 Belgrade was having an air raid, the 2 local military hospitals were hit by bombs. The civilian population which fled the town in large numbers was being shot at from dive bombers and many hundreds were killed. During the air raid on Kraljevo the local hospital was completely demolished and could no longer be used. This medical unit subordinate to me thereupon went to an open camp near Kraljevo. It constantly received threatening letters and had all the time to be aware of attacks, though this medical unit constantly treated the Serbian population without compensation.
In the Karagujevac hospitals subordinate to me wounded Chetnicks, too, were accepted. The surroundings of this place, however, was occupied by Tito partisans. Then, this hospital, too, received threatening letters from the Tito partisans and the handing over of the wounded Chetniks was being demanded, otherwise we were threatened with armed assault. Subsequently I myself brought two Chetniks whose legs had been amputated, by my car to Belgrade and caused the transfer of the other wounded Chetniks.
Field hospital 615 in Banjaluka had strongly to defend itself and its wounded as the Tito partisans wanted to storm it.
Some of the medical units which were not on the direct line or in the partisans' territory had to be under arms all the time, for a storming or occupation - also of medical units - mostly meant in many cases sure death on the spot or often death entailing imprisonment for the inmates.
The dive bombers also attacked the clearly marked "Red Cross" ambulances on the roads. Thus before Karagujevac I lost my adjutant through dive bombers.
Colonel or Oberstarzt Dr. Krueger, whose car was also clearly marked "Red Cross", near Arandelovac was shot at a short distance out of ambush, and as by a miracle he was spared, as the bullet entered the car next to him.
Many an ambulance driver was killed or wounded as well through dive bombers as through shooting from ambush, even though the ambulances were clearly marked with the "Red Cross".
I need not read the other things at this time, and shall on the next page of the document read -- it is the seventh paragraph from below:
When retreating from Kraljevo my company commander (Oberarzt; Chief physician Dr. Orland) was being taken prisoner by the Tito partisans at Uzice and he and his first sergeant were shot instantly, as I was being told later on by two men who had succeeded to escape.
The blastings of the tracks occurred to such an extent, that every day soldiers and civilians were killed. This occurred mainly between Belgrade and Agram. Nevertheless the villages on this line were not burnt down, the inhabitants were not evacuated, though the partisans made their assaults and effected their blastings from these villages and got their food supplies there.
It was this leniency of the Army that brought it about that General Rendulic was being reproached by many officers and men with being too lenient.
War in the Balkans was not a war as it was being conducted in Europe, but in this area it was a war of all against all with Balkan methods and with Balkan customs.
Genera! Rendulic only arrived on the Balkans in Summer-Autumn of 1943. He was forced to take measures in order to safeguard the life of his soldiers and that of the civilian population, measures which were not necessary in any European theater of war, but which had to be taken on the Balkans. According to his directives we tried always and everywhere to conduct the war humanely which ultimately made the troops reproach the General as being too lenient.
The affiant then goes on to speak about the welfare measures taken for all wounded, including those of the partisans, and he also mentions the fact how American soldiers were being treated. There was an American First Lieutenant who had been captured, and who later on expressed his gratitude for the good and chivalrous treatment he had received. I might add that this document has been sworn before the District Court of Feldkirch in Carinthia.
The next document will be Rendulic Document No. 9, in Volume I, in which will be Exhibit 8. This is an affidavit by Peter Sauerbruch who as mentioned before, was the 1-c. He reports on incidents, particularly those occurring near railways. I shall read only the second paragraph:
Among the rail-and road-demolition attacks, (averaging 15-20 daily) which the guerrillas conducted in the area of the 2nd Panzer Defense Division, there were as a rule some which affected the lifeline of the Army i.e. the railroad between Belgrade and Zagreb. The trains running on this line also were constantly attacked. Soldiers going home on furlough were always in danger to be attacked en route and to be killed brutally. Therefore single trips were forbidden altogether. The furloughers were concentrated in groups and well armed. But also these measures did not offer sufficient protection against the attacking guerrillas which always outnumbered us.
German soldiers continued to be killed. At such occasions also Serbs and Croat civilians who traveled on those trains became pray of the guerrillas.
I have certified this affidavit, which was sworn to in front of me on the 11th of October 1947.
The next document offered is Exhibit No. 10, in Volume I, which will be Exhibit 9. This is an affidavit by Erich Brack. Brack was an SS Obersturmfuehrer with the 5th SS Mountain Corps, between August 1943 and December 1944. Brack in the first paragraph tells us what he did in the war. He was the corps engineer, and in that capacity he was much traveling in the area infested by the bands. I shall real the second paragraph:
The members of the Partisan groups disguised themselves during the day as innocent civilians or shot at the traffic from well-covered hiding places. Most of the attacks took place during the night or during dusk and in the following manner: All traffic was stopped suddenly by exploding mines; during the general confusion the attackers shot with all sorts of arms. For such minor attacks, the Partisans used hunting-, hand- and mechanized weapons of all kind, grenadethrowers, highly explosive bombs and mines up to 10 kilograms. Among other infantry weapons so-called dum-dum bullets were used, such as they have been found in the guerrilla camps. It also was possible to establish this fact through medical examination of the wounds of our soldiers. The attacks always occurred without any consideration towards the civilian population who often helped the guerrillas, hid them or aided them considerably by transmitting news.
Many villages were known as outspoken Partisan-villages which the rest of the population feared and from which they stayed away. The military strong-points of the respective areas asked again and again and issued orders which would have empowered them to take severe punitive actions. In spite of these facts the Troop Command insisted repeatedly that the troops should treat the civilian population in a friendly manner in spite of their violations against the Hague Rules of Land Warfare. I myself lost my closest colleague (Obersturmfuehrer Alfred. RHOLFS, buried at the German Soldier Cemetery at Sarajevo during the course of such an attack by the Partisans which suddenly disappeared when received aid from parts of the civilian population.
I shall now read the paragraph, "Towards the end of October 1944 the strong-point of Tomislavgrad was recaptured.
In connection with this operation, a large column of trucks went from Mestar to Temislavgrad in order to supply the occupational forces there with arms and equipment. Already when the columns, bound for Tomislavgrad, went through the guerilla territory, the protecting units suffered great losses through the armed attacks of the guerillas. My own driver was seriously wounded too. Approximately ten men were made prisoners by the Partisans during this attack. When we returned from Tomislavgrad to Mostar we found them, terribly mutilated and without any doubt - as the medical examination of the bodies proved - beastly tortured while still alive. We found them naked, lying on the highway. This highway was surrounded by a chain of high rocks. Their bodies had been placed on the road in intervals ranging from 20 to 400 meters, so that when we would try to take our dead we could be shot at from the hiding places in the rocks, and as a matter of fact we did suffer now losses."
We find in the last paragraph it says that such methods as used there he never again experienced anywhere else. The statement has been sworn to before a defense counsel.
This brings me to the next document in Document Book I, which is No. 11, and is Exhibit 10. It is an affidavit by Dr. Fritz Josef Willmes, a resident of Wuppertal-Elberfeld. He at the end was Oberarzt with the Hospital 4/837. I shall read this affidavit verbatim.
MR. RAPP: I shall only have a short question of defense counsel with reference to the affidavit. The jurat of Exhibit 9, I notice that it states here that the above signature of the affiant at the present in the internment camp at Regensburg was ascertained by the undersigned attorney Dr. Bolka von Stein, and is to be true and correct. I merely ask the question that the jurat is signed in Nurnberg. I think the man himself is in Regensburg, and did he come to Nurnberg for the purpose of signing the affidavit? This is not quite clear from the jurat. Therefore, I would like to ask Dr. Fritsch just what the affiant did.
DR. FRITSCH: I CAN ENLIGHTEN THE PROSECUTION. Dr. Brack, who is actually in the camp at Regensburg, was on leave orders and spent the time at Nurnberg, and he happened to be in Nurnberg and I myself saw him. The affidavit was taken down, but before it was completed I had to leave Nurnberg. I believe because I had to examine another witness. I therefore asked my colleague, Dr. von Stein, who is also a defense counsel in this building, to certify this signature. I believe that would comply with all the rules and regulations.
MR. RAPP: His explanation is perfectly clear to me. It is only not apparent from the jurat, therefore I think my question is now cleared up.