The next document is Document Number 16 on page 52 in Lanz Document Book 1. This will be offered under Lanz Exhibit Number 159. It is an affidavit executed by one Gebhardt von Lenthe who has in other affidavits made statements known to the Tribunal.
The affiant in the first, second, and third paragraphs, which form the introduction of his affidavit, gives a description of General Lanz's personality as he learn to know it during the years from 1943 to the end of the war. Following that, the affiant describes in paragraphs 1 and 2 on page 52 and 53 General Lanz's efforts to stay within the limitations of international law even during band warfare, and General Lanz's endeavor to make even this band fighting as humane as possible and to avoid excesses wherever possible.
In paragraphs 3 and 4 on pages 53 to 55, the affiant gives a great number of details to show how General Lanz tried to maintain discipline and order amongst his troops. In conclusion on page 55, the affiant in paragraph 5 gives a summary which I would like to read briefly.
"Everybody among the troops knew about this attitude of General Lanz. He was known especially for making the strictest demands on the officers concerning the decent behavior of their subordinates and the troops were therefore very much scared of him, in spite of the great popularity which he otherwise enjoyed with them as a leader and fatherly friend of every individual soldier. It can well be imagined that some of his sub-leaders avoided to pass on reports on excesses of that kind, if they had happened in their unit, because they were afraid that they themselves night be reprimanded and punished for having neglected their duty of supervision."
This is the verbatim excerpt. The affiant has sworn to his statements and they are duly certified.
The next document is Document Number 17 which will be offered under Exhibit Number 160. It is contained on page 56 of Lanz Document Book 1.
Court No. V, Case No. VII.
I would like now to stress that the formula of oath for this affidavit is found in a supplementary document in Document Book 6 under Document Number 17, and this supplementary document will be offered under Exhibit number 161, In this Exhibit Number 161, the affiant Petersen has sworn to the statements which are contained in Exhibit 160.
Exhibit 160 contained in Lanz Document Book 1, pages 56 and 57 was executed by one Juergen Petersen, The affiant as he states in his affidavit was a member of the Corps Intelligence Unit of the 22nd Mountain Corps and was temporarily commandeered to the staff of the Corps. In the second paragraph he says, and I quote: "During my activities at the corps staff I had on various occasions the opportunity to discuss political subjects with General Lanz, and I found every time that General Lanz was a convinced anti-national socialist." The end of the quotation.
The affiant goes on to describe in four paragraphs the details which he gives as a basis for his views. In paragraph 1, he relates how General Lanz endeavored to help the starving civilian population. The affiant says, and I quote from approximately the middle of paragraph 1 on page 56: "For this reason I had special permission from General Lanz to reduce the food rations of the German and Albanian National Wehrmacht in order to put food free at the disposal of the especially needy inhabitants of the city of Argyrokastro. Furthermore General Lanz arranged for me a trip to Tirana where I secured medicines, Diesel oil, money and food for the civilian population of that badly suffering province." The end of the quotation.
In the following paragraphs, 2, 3, and 4, the affiant describes the attitude of General Lanz in a general manner. I refrain from reading these parts, but I'd like to stress that this document has been duly sworn to and properly certified.
The next Document is Document number 18 on page 58 and which will be offered under Exhibit Number 162. This again is an affidavit executed by the attorney-at-law Gebhard von Lenthe who, since 1943, was a member of General Lanz's staffs Until the end of the war he was an officer in the closer circle around General Lanz. The affiant on page 58 relates the difficulties experienced by the troops and goes on to describe his own commissions received from General Lanz which made it possible for him to form the judgment of General Lanz and his political attitude. I am reading verbatim from a paragraph towards the bottom of page 58 and the beginning of page 59. On page 58 it says: "Since General Lanz was also eager to have his staff of co-workers composed as much as possible of persons who shared his opinions and with whom he could speak openly, the result was that his entire corps headquarters soon had the pleasure to be spied on by the SD whose members appeared everywhere where the staff of General Lanz settled down. We had clear evidence for that since it so happened that the reports sent by the leader of the security service in Joanina to his superior authorities at Athens concerning the staff of Lanz were known to us and were submitted by myself to General Lanz." End of quotation.
I would like to stress that similar comments were found in the preceding document Number 16, Exhibit 159, which coincided with these statements. The affiant on page 59 goes to describe how General Lanz's altitude was shown towards the population as well as towards his own troops and the prisoners of war.
Under paragraph 1 on pages 59 and 60, the affiant relates how General Lanz took care of the civilian population, how he supported the international Red Cross, and the affiant, who has executed this affidavit, one Gebhard von Lenthe, says that that by order of General Lanz he had to do everything possible to help the population.
I don't want to read the remainder of paragraph on page 60, for it would only repilions of statements made by other affiants, although it is described here in great detail and under great emphasis how Lanz endeavored to establish good relations between the German armed forces and the Greek authorities in interest of the civilian population.
In paragraph 3 on page 61, this affiant also confirms that during the withdrawal of the German troops from the Epirus, General Lanz ordered that all armed forces' property which could be spared was put at the disposal of the Greek authorities and of the Red Cross for distribution to the civilian population.
Under paragraph 4 the affiant goes on to relate how the civilian population appreciated these efforts of General Lanz. And in paragraph 5 this affiant also mentions that the governor as well as the mayor had expressed particularly at the time that General Lanz would always be welcome as a guest in Joanina.
I shall skip paragraph 6, and I would like to read from paragraph 7 which deals with the partisan warfare. Figure 7 on page 63. It says here:
"General Lanz' endeavors were directed especially towards limiting the guerilla war, not only in order to protect his own troops, out also in order to spare the country and its inhabitants the hardships of the war. Shortly after, in the fall of 1943, General Lanz had taken over the sector of Jannina from the Italians and had become familiar with the conditions there, he constantly endeavored to get in touch with the leaders of the national resistance movement of General Zervas in order to steer the conduct of the fight into human ways. He prepared the ground by ordering that members of Zervas' troops, as far as they were prisoners of war of the Germans or later on were taken prisoners by the Germans should be released immediately, and by further ordering that the food supply line for the troops of Zervas must be interrupted in no place.
If operations made it necessary to clear the war for the interrupted German supply lines or to clean up territories important for German troops of the enemy, the General informed the respective guerilla leaders about his plans if this was possible. After many efforts which had been fruitless in the beginning he arrived at a peaceful understanding with the forces of General Zervas at the beginning of January 1944, which was observing by General Lanz also in cases which as it happened occasionally, some individual sub-leaders when as it happened occasionally, some individual sub-leaders of General Zervas did not observe the true, but attacked German fortifications and columns. On the other hard, German sub-leaders, who attacked the troops of Zervas on their own were called to account and reprimanded.
I know those events very well, since I had to deal with those matters and had to report to General Lanz about them."
This latter remark seems particularly important.
In paragraph 8, the affiant goes on to relate the manner in which captured partisans were treated and able all that General Lanz on principle immediately had prisoners of the Zerva troops released.
In paragraph 9, this affiant, who was a member of the closest circle around Lanz and, as a jurist, enjoyed Lanz' particular confidence, states that at no time General Lanz had any hostages shot. The affiant says on the basis of his knowledge and I read from paragraph 9, on page 64.
"General Lanz never allowed hostages to be shot. It may have happened that in localities which had made themselves suspicious of having supported partisans or where it was proven that Germans had been attacked, hostages were taken in order to cause the population of that region to behave properly towards the German troops. Those persons were, however, released after a short while. I do not know of one single case where General Lanz gave the order for even one civilian to be shot."
Thus, for paragraph 9, which I read verbatim.
In paragraphs 10 and 11, the affiant goes on to describe Lanz' attitude and the attitude of his troops during the withdrawal from the Epirus.
In paragraph 11, he describes welfare measures taken by Lanz for captured Italians.
I recommend these statements to the judicial notice of the Tribunal. The statement has been duly sworn to and properly certified.
The next document which I want to offer is Document 20. I am passing over Document 19 because it has already been offered in a different connection as Exhibit 108. I am therefore now turning to Document 20 on page 73 of Lanz Document Book I which will be offered under Exhibit #163. It is on page 73 of Lanz Document Book 1, the affidavit was executed by one Matthias Starl who, as is known to the Tribunal, was Captain and Aide de Camp in the Corps Headquarters under General Lanz from September, 1943, until November, 1943.
I am not going to read this document. It describes a number of details concerning the attitude shown by General Lanz. I recommend the contents to the notice of the Tribunal, but there is one paragraph, on page 74, and it says:
"In the war against the bands, the wounded bandits got the same medical attendance as every German wounded soldier. This fact always led to the agreeable surprise of the persons affected, who were first always expecting to be 'butchered' as they had been led to believe by enemy propaganda."
This document 19 is... 20, I beg your pardon, which was offered under Exhibit #163, has been duly sworn to and properly certified.
The next document to offer is Document 21 on page 76 and it will be offered under Exhibit #164. It is Document #21. The page number is 76 and the exhibit number is 164. This is an affidavit executed by one Klaus Goernandt. The affiant says concerning his knowledge in the introductory notes under paragraph 2 on page 76:
"The following statements relate to my official positions as 1-B, General Staff Officer, of the 104th Light Infantry Division from February to June 1944; as Corps Quartermaster from June to August 1944; and as troop commander in the Delvine/Sarande Sector (Southern Albania) from August to October 1944."
The affiant initially describes that, as a consequence of his assignments, he had occasion to be together with General Lanz on various occasions and that he participated in conferences of the staff; that he repeatedly reported to him concerning supply questions, etc. He goes on to say:
"The guiding motive of all those conferences was:
"1. How is the corps fulfilling its combat assignment?
"2. How is it protecting subordinate troops from avoidable losses?
"3. How can the peaceful population be spared?"
I am reading verbatim from the bottom of page 76 and the top of page 77, where the affiant says the following:
"I never heard of any plan to terrorize the Greek population, to decimate it, or to weaken the economic and industrial potential of the Greeks.
I believe that if such a plan had existed, it could not have been concealed from me. The possible existence of such a plan could not have escaped my attention, because, as a student of the classics, I was brought up from early youth to respect and admire Greek culture, was happy to have an opportunity to become acquainted with the country, had no hatred for the Greek people and was honestly moved by its hard fate. A plan for the destruction of Greece would have met with my bitter opposition and would have been unforgettably impressed upon my memory.
"I declare expressly that apart from my official position, I was not bound by any closer ties of personal interest to General Lanz. Our temperaments and opinions were too far apart for any private relationship to have been possible.
"I consider it to be all the more my duty to describe the facts as they presented themselves to me then and now.
"It is a fact", the affiant goes on to say, "that I saw and heard nothing of a plan for destruction. I cannot remember any derogatory remarks about the Greek population and I wish to draw special attention to the fact that - as a psychological prerequisite for any possible measures for extermination -- there was, for example, no defamatory prohibition against fraternization between soldiers and the civilian population.
"On the other hand," the affiant goes on to say, "I remember the following details which denote the existence of a positive helpful basic attitude:"
Thus for the verbatim excerpt.
On page 77 through 80 the affiant describes in eight paragraphs a number of details showing the helpful basic attitude of General Lanz. The affiant makes comments similar to those made by others about the negotiations with General Zervas and about the aims pursued by General Lanz in these negotiations. The affiant further confirms the support of the International Red Cross and similar efforts made by General Lanz. I recommend these details to the judicial notice of the Tribunal without my having to read them.
The affidavit has been duly sworn to and properly certified.
On page 81 of Lanz Document Book 1 we find the next document, #22, which will be offered under Exhibit Lumber Lanz 164, which is an affidavit by one Dr. Max Zogbaum.
THE PRESIDENT: Pardon me, Doctor. Did you not mean to refer to this document as Exhibit 165? You refer to this new document as 164, and I believe we had one document by that number. In other words, this new document should be 165 instead of 164.
DR. SAUTER: Document 21, on page 76, was given Exhibit 164, and Document 22 should be Exhibit 165. That's correct, Your Honor.
The affiant, Dr. Zogbaum, fifty-two years of ago, states, in the initial sentences of his affidavit, that he was corps engineer commander under General Lanz from September 1943 until 12 December 1944. He describes a number of measures and installations ordered by General Lanz in the interests of the civilian population. This affidavit, which also has been duly sworn to and properly certified, I recommended to the judicial notice of the Tribunal without reading it.
The same applies to the following document, #23, on page 86 of Lanz Document Bock 1, which will be offered as Exhibit #166. Lanz Exhibit 166. This is an Affidavit of a physician, Dr. Lindner, who was army doctor during the period of July 1943 until October 1944, and was active in the Epirus area. He describes one particular sector from General Lanz' activities as commanding general, by which I mean his efforts in the sphere of medical welfare for the civilian population.
The following document is document No. 24 on page 91 of Lanz document book 1. This will be offered under exhibit No. 167. This is an affidavit executed by one Johann Gregor Schmidt, 53 years of age, who was company commander, as he states, from March 1941 until July 1944, as such he was with the divisional supply office of the 1st Mountain Division. He relates number of details through which General Lanz tried to mitigate the hardships of war in the interests of the civilian population.
In document book Lanz No. 1, we have the last document, an affidavit which is document No. 25 on page 93 and will be offered as exhibit 168. This affidavit was executed by one Wilhelm Ertl, who as he states served as leader of the Ambulance unit l/54 and as commander of the Ambulance Company 54, which was part of the 1st Mountain division. He served in this capacity during the period from April 1943 to December 1944. He describes action taken by General Lanz for the help and in the interests of the civilian population, i.e. help granted in the medical sphere.
I have two more documents to offer the Tribunal, these are contained in document book Lanz No. 3, Lanz book No. 3. The first one will be document No. 59 on page 1 of the document book concerned. This will be offered under exhibit No. 169, Lanz exhibit 169. This document is an affidavit executed by one Karl Heinz Rothfuchs, who has executed other affidavits which have been read here concerning other problems. In this affidavit he states that ho was 1-C with the 1st Mountain Division from June, 1942 until the end of the war. The affidavit is brief. I will read it verbatim in order to refute the incorrect statements made by a Greek witness. The affiant Dr. Rothfuchs says: "Subject: Negotiations with General Zervas," I am reading from page one: -
Somewhere about September 1943 a reconnaissance--patrol of the Grenadier Rifle Reg. 98 did not return from its sortie. Mr. Bickel, who was then the delegate of the International Red Cross and who was obviously in touch with General Zervas, gave us to understand that the reconnaissance-patrol had been taken prisoners by the Edes. As General Lanz was then anxious to come to terms with General Zervas.
Bickel declared himself prepared to arrange for a meeting with Zervas. Together with the mayor of Jannina and a deputy of the Archbishop, Bickel paid a visit to the headquarters of Zervas in October 1943. After his return he told me that Zervas was basically inclined to arrange for a truce, but only on condition of complete secrecy, as be did not wish to lose face with the British who had a liaison-commando assigned to his staff. Further, Zervas asked that a higher German General Staff Officer with adequate authority be detailed to him.
The Chief of Staff of the XXII Mountain Corps Colonel Dietl was entrusted with the negotiations. An "Edes" Captain turned up at the place of the rendezvous and reported that, to his regret, General Zervas was unable to appear personally as had been arranged; he was unable to disengage himself at his headquarters because of an offensive which the EAM had against the Edes. He himself, said the captain, bad no authority to negotiate.
If, and to which extent, negotiations with General Zervas were carried out afterwards, I am unable to say, as the division was transferred from the area of Jannina at the beginning of November 1943.
The statement is signed Dr. Karl Heinz Rothfuchs and it is duly sworn to and properly certified.
I am further reading from Lanz document book 3 a document which is document No. 88, which will be offered under Lanz exhibit 170. Lanz document book 3, document No. 88, page 53, Lanz exhibit 170. This affidavit happens to be executed by the same affiant who executed the previously read affidavit, Dr. Karl Heinz Rothfuchs. These statements refer to a special case, which came up during the evidence of General Lanz. It says: "Subject: The shooting to death of Italian officers in Sarando at the beginning of October 1943.
"These are officers of such Italian troop units, who after the Italian capitulation on 8 September 1943 worked together in the Albanian coastal area Delvine-Saranda-Kue with the Communist groups there and gave their arms to the groups, sold them or fought together with the hands against the German troops.
These officers were as far as I remember shot by troops of the 1st Mountain Division in or near Saranda according to a summary court martial on the basis of an order of the Fuehrer which was in effect at that time. This execution was then reported by the First Mountain Division to the XXII Mountain Corps."
The affidavit is signed by Dr. Karl Heinz Rothfuchs on 11 October 1947. He was at the time 1-C with the 1st Mountain division, as he states, and his affidavit is properly sworn to and it is duly certified. This affidavit is offered to the Tribunal as evidence concerning the type of Italian officers involved at the time and furthermore for the examination of the question whether this shooting had been ordered by General Lanz or by the division and finally for the examination of the further question when General Lanz learned for the first time about this shooting.
That brings me to the end of document book Lanz 3. Then I have a few documents to read from document book Lanz 4, No. Lanz document book 4. I first of all want re-read No. 145 on page 74, I repeat document 145 on page 74. This document will be offered under exhibit No. Lanz 171. This is an affidavit executed by one Hubert Hoerterer. The affiant states that from May, 1944 until September, 1944 he was platoon leader in the Light Infantry Mountain Battalion 79, The affiant deals with measures taken by General Lanz for the help and in the interest of the Greek civilian population and goes on to describe the personality and character of his General in a similar manner as has previously been done by other affiants. His statements are duly certified and properly sworn to.
The next document I want to offer to the Tribunal is the following document, namely No. 145 on page 76 and this will be offered as Lanz exhibit 172. I repeat document No. 146, page 76, exhibit No. Lanz 172. This is an affidavit executed by one Franz Rossell, who as he states was Corps Engineer leader in the XXII Mountain Corps during the years 1944 and 1945.
He describes in his affidavit in a detailed manner the attitude of General Lanz toward the civilian population. This affidavit is also offered in order to submit to the Tribunal material and documents for the examination of the question whether the plan asserted by the Prosecution for the extermination of the Greem population actually ever existed at any time.
THE PRESIDENT: Dr. Sauter, please. We will interrupt at this time and take our afternoon recess.
(A recess was taken.)
THE MARSHAL: The Tribunal is again in session.
DR. SAUTER: Your Honor, Lanz Document 147 on page 79 of Document Book IV---this is document which received Exhibit No. 173 -an affidavit by Josef Kirchmair who, according to his statements, was first sergeant on the corps staff of the 22nd Mountain Army Corps --that is, under General Lanz, from 1943 until the end of the war.
This affiant describes a number of details with regard to General Lanz, attitude to the civilian population, especially during the withdrawal of the German troops from Joannina where, according to the description of the affiant, Lanz and his troops left with model correctness.
The next document is No 148 on page 81 and receives exhibit number 174. This is an affidavit by a former NCO, Johann Jakob, duly's sworn to and certified and concerns the same subject, the attitude of General Lanz his very humane treatment, et cetera.
The next document is Document 149 on page 82. It is Exhibit No. 175. This is an affidavit by Dr. Lanz Otto Hofmann who from Autumn 1939 until the end of 1942 was attached to the 1st Mountain Division. He states the individual positions he held, and for some period Lanz was his immediate superior. The affiant was not an active officer, he was a reserve officer. The affiant then goes on to describe in this document 149 in detail the character of General Lanz, his soldierly attitude, his political attitude, his attitude with regard to the civilian population and similar things. The affiant is also duly certified and sighed.
The next document I offer to the Tribunal is Document No. 150 in Lanz Document Book No. IV on page 85. This receives exhibit number 176, an affidavit by Dr. Walter Schmitt concerning General Lanz as a man and as a leader of troops and about his attitude towards the civilian population, towards prisoners, et cetera.
The next document which I will skip, is an affidavit by Georg Lipp who was interrogated here as a witness.
I would like Document 152 to be accepted now. This is on page 92.
It receives exhibit number 177. This is a supplement to the former affidavit by Rudolf Schwarz who was the Protestant Divisional Chaplain on the staff of the defendant Lanz. The affiant talks here about the extraordinary bravery of the defendant Lanz and describes the incident in which the defendant Lanz, contrary to the order of his commander acted without taking into account any consequences which might have arisen for him.
Document 153 is a letter from Cardinal Faulhaber, Archbishop of Munich, to the American Supreme Commander, General Eisenhower, which becomes Exhibit 178. It describes General Lanz in a similar manner as is described by other affiants and is offered to the Tribunal as proof of the question whether the defendant can be accused of crimes against humanity.
The next document is in Document Book Lanz No. V. This is Document No, 155, on page 1. It receives exhibit number 179. This comes from the Washington documents and it is by chance a contribution to the subject of General Lanz's attitude to and welfare for the civilian population, and how he kept food back for the civilian population.
The next document is on page 5. This is Document No. 158. This receives exhibit number 180. This is an affidavit by the Ib clerk of a Mountain Infantry Battalion which was under Lanz from August 1943 until January 1944. This affiant, too, confirms the support given to the population in Greece by the troops under orders from General Lanz.
And this, Your Honors, brings me to the end.........
THE PRESIDENT: Pardon me just a minute; we are trying to check here and see if there is a duplication of exhibits.
I think we have cleared up any error of pagination that we may have had here. You may continue.
DR. SAUTER: Thank you, Your Honor. This brings me to the end of my case in chief for General Hubert Lanz and I would just like to reserve to myself the right at a later period to submit a few more affidavits which we are waiting for, partly from Greece, and some others which we want to offer to the Tribunal with regard to a few points arising from the cross examination and which the defendant Lanz would like to clear up. Otherwise, I have nothing further at the moment. I am, therefore, at the end of my case in chief for General Lanz/.
THE PRESIDENT: Before you close your case entirely at present -- and concerning your desire for reservation to present further documents, that right will be given you -- through neglect and oversight on my part I failed to grant to my associates an opportunity to question the defendant; and if he will kindly return to the witness chair, I shall appreciate it.
Judge Carter, do you have any questions which you wish to ask the defendant Lanz?
EXAMINATION BY JUDGE CARTER:
Q. General, under German military procedure, was it your duty to review or pass upon the findings of a court martial that took place within your corps?
A. I don't know about such a duty, unless it was my own courts but I hadn't any court for a long time.
Q. Well, I was merely trying to find out the German procedure. Was some military officer required to review or examine the findings of a court martial or not?
A. The findings of the court martials were submitted to the judicial authorities for confirmation.
Q. But no divisional commander or corps commander was required to pass upon it? Was that your statement?
A. When a sentence was passed by q court martial, the sentence was given to the competent judicial authorities for confirmation of the execution?
Q. And the commander of the unit, whether it was a division or corps or whatever it was, had nothing to do with it? Was that the German procedure?
A. If the division court had passed sentence, then the sentence was given to the division commander, as judicial authority for confirmation, he then had to do this. If it was a death sentence, for instance, on a high German officer, then in this case the confirmation, as far as I know, had to be given by Field Marshal Keitel on behalf of Hitler. Then therefore, the files had to be passed on further.
THE PRESIDENT: Judge Burke?
BY JUDGE BURKE:
Q. A few days ago the expression was used by the interpreter with respect to your attitude towards one phase of the matter in which the word "retrospective" was the interpretation. Was your thought and your objection based upon the fact that it was "retroactive" rather than "retrospective"?
A. Might I ask what the matter concerned was? I am afraid I can't understand.
Q. It was with respect to your statement concerning your appearance before the Tribunal. You referred to Control Council Law No. 10 and you referred also to the fact that as a prisoner of war you were entitled to be tried by a commission of military people of equal rank, but the expression was used by the interpreter with respect to the type of offense which you are charged, at least with one particular, that it was in retrospect or retrospective. Do you recall?
A. Unfortunately, I can't remember this matter at all. I am very sorry.
Q. I will attempt to refresh my own recollection and yours by reference to the printed record at some later date. Thank you.
THE PRESIDENT: I take it that these brief questions by the members of the Tribunal will not occasion further examination by counsel?
DR. SAUTER: No, thank you.
THE PRESIDENT: The prosecution has not indicated that they have any further questions. You may be excused then, General Lanz, subject to your recall at such time as Judge Burke is able to check the record.
Subject to your reservation previously announced, Dr. Sauter, I take it you have now closed your case for the defendant Lanz?
DR. SAUTER: Yes, thank you, Your Honors.
THE PRESIDENT: What defense counsel will present the case at this time?
DR. MUELLER-TORGOW: Dr. Mueller-Torgow for General Felmy.
Your Honors, I am ready now to begin the case for the defendant Felmy. I will proceed as follows.
First of all, I would like to call my client to the witness stand, and then to examine two other witnesses who have been approved by the Tribunal. They are Professor Dr. Georg Stadtmueller and Pastor Joachim Georg Lange. With the permission of the Tribunal, I would like to call the defendant Felmy to the witness stand.
(Helmuth Felmy, a witness, took the stand and testified as follows:
THE PRESIDENT: The witness will raise his right hand and be sworn.
I swear by God, the Almighty and Omniscient, that I will speak the pure truth and will withhold and add nothing.
(The witness repeated the oath.)
THE PRESIDENT: You may be seated.
DIRECT EXAMINATION BY DR. MUELLER*TORGOW (Counsel for defendant Felmy):
Q. General, would you please state your personal details?
A. My full name is Helmuth Walter Wolfgang Felmy. I was born in Berlin on the 28th of May 1885. My father worked in the Berlin town council and was in charge of the Berlin Municipal Markets.
I am married to Helen nee Boettcher. I have three sons: 21 years, 19 years, and 17 years old. The eldest is a British prisoner of war in Egypt.
Q. Please describe your career until the beginning of the First World War.
A. In 1893 my father died and then the next year I joined the Cadet Corps in Karlsruhe. In 100 I went to Lichterfelde in the Main Cadet Institute and there in autumn 1904 I matriculated and then I joined Infantry Regiment 61 as an ensign and was stationed in Thorn in West Prussia. Here I served my lieutenant's period. I trained recruits and became Battalion Adjutant. It was my personal desire to go to the colonies but this was not fulfilled; on the 1st of June 1912 I entered the Instruction and Experimental Station for Military Aviation in Doeberitz. In January 1913 I became First Lieutenant and then in Autumn I entered the Military Academy in Berlin.
Q And what did you do during the first World War?
A On mobilization, I was transferred to the east in the 16th Air Detachment, and took part in the great battles in the east -- Tennenberg, the battle of Masuren, under command of General Field Marshal von Hindenburg. In December 1914 I became captain and leader of an air force detachment. There I took part in other battles in the East-Prussia -Kowno, Wilna--and in July 1916 I became leader of an air detachment which was in action in the Sisai Desert and under the command of General von Krest took part in an action against the Suez canal. In Spring 1918, I went back to the Western Front. There I was in charge of a so-called Artillery Air Force Detachment. And then in the summer of 1918 I was ordered back to the Reich Colonial Office in order to build up our future colonial air force units. The Versailles Peace Treaty took our colonies away from us, under the pretext that the Germans were not capable of colonizing, and so this brought to an end my employment in the colonies.
Q Which decorations did you receive during the first World War?
A The Iron Cross, first and second classy the Knights Cross of the House Order of the Hohenzollern with swords; and a few foreign decorations.
Q And did you remain a soldier after the end of the first World War, and why?
A In the course of the 100,000 men selection, I was taken over into the Reichswehr. I enjoying being a soldier, and I had always been very interested in training and educating soldiers.
Q Then would you please describe your further positions in the Army?
A First of all, I was in charge of a motorized detachment in Kassel. Then in February 1921 I went to the Fifth Division in Stuttgart. I remained there until 1924, autumn. Then I was transferred to the Operations Branch of the Reichswehr Ministry. This activity came to an end after two years. Then I was transferred to the staff of the Fifth Infantry Commander in Stuttgart. On the first of February 1927 I became a major. In 1929, I went back again to the Reichswehr Ministry, into the Organizations Branch. And then in 1931 I became a Lieutenant Colonel, and then in April 1933 I became commander of the Seventeenth Infantry Regiment in Brunswick and on the first of October I was promoted colonel.