"4) of factors which made the conduct of war in the Southeast difficult, I stress the following:"
I shall skip paragraph a) because that subject has been discussed so often before and that goes for paragraph b) as well. To continue, on page 16, under B, the last paragraph:
"In addition to the impressions gleaned from my papers, there was the personal impression. Not only did I speak with General Foertsch in the years 1943 and 1944 when he came on orders to report at Fuehrer Headquarters, but I looked him up in summer 1943 in Salonika. I made the same observation here which I had already made in 1940. General Foertsch had remained the same as I had known him prior to 1933. Only now, to his critical attitude to the Party was added criticism of the military leadership by Adolf Hitler. In our discussions which were carried on in the intimate circle, General Foertsch made no secret whatsoever of his ideas.
"I would point out also that the Army Group in the Southeast put in-economic claims (for example, for allocation of drachmas which it required for defense works in Greece and building of ships), that, however, it submitted to the counter-arguments of the ambassador Neubacher, realizing that this would bring the inflation threatening in Greece to a head. The fact that economic considerations took precedence over military was essentially due to General Foertsch according to my observations."
PRESIDING JUDGE CARTER: The Tribunal will take its noon recess at this time.
(A recess was taken until 1330 hours.)
AFTERNOON SESSION (The hearing reconvened at 1330 hours, 23 December 1947.)
THE MARSHAL: The Tribunal is again in session.
PRESIDING JUDGE CARTER: You may proceed.
DR. RAUSCHENBACH (Counsel for the defendant FOERTSCH.)
The following documents in the document book for General Foertsch are all excerpts from laws and decrees which have been published in the German law books during the war. I would like to prove the following with the presentation of these documents: 1), the impossibility of simply refusing orders given by the highest military authorities or to incite a superior or a subordinate to refuse the execution of such orders; 2), the fact that the Chief of the O.K.W. was not in a position in any way comparable to the one of the Chief of Staff which we have discussed here; and, 3), that the military commanders and the other offices of the armed forces in disciplinary respect and also concerning court martials, had no influence on the SS offices.
The first document which I would like to present is Foertsch No. 76, on page 18 of Foertsch Document Book 4, which I am offering under Foertsch Exhibit No. 65. This is the decree concerning the revision of the Military Penal Code and there is also an excerpt from the new version of this Military Penal Code. I would like to draw the attention of the Tribunal first of all to page 18. The decree was issued by the so-called Ministerial Council for the Defense of the Reich. It is signed by Presiding Officer, Reichs Marshal Goering; Commander-in-Chief of the Armed Forces, Keitel; and the Reich Minister and Chief of the Reich Chancellory, Dr. Lammers. Note the fact that the Chief of the O.K.W. stands between the other two persons, one of whom is the Reich Marshal and the other one the Chief of the Reich Chancellory; this fact alone shows that he was not just a Chief of Staff but that he maintained a comparatively independent position with his own jurisdiction and authority. I refer here to the cross examination of the defendant Foertsch, where the Prosecution touched upon this comparison with a few questions, namely the comparison between the Chief of the O.K.W. and the Chief of Staff in the Army Group.
The Chief of Staff of an Army Group would never have been in a position or authorized to be a co-signator of such an order. Furthermore, orders from an Army Group were not signed by the Commander in Chief and the Chief of Staff, as is the case here in the instance of this decree. On page 19 we have the same document and there I would like to draw attention to Article 47 of the German Military Penal Code which has been referred to during those proceedings on several occasions and to which I shall refer during my final plea; that is why I included this paragraph in the document book. Paragraph 48 is new for this trial. It reads as follows:
"Punishment of an act or an omission is not precluded because the perpetrator considered his behavior as called for by his conscience or the precepts of his religion."
In other words, he who omitted at that time to carry out a military order could neither refer to his conscience nor to his religion. Ho was punished. The same subject is being discussed in Article 92, which is the next paragraph in the document:
"Disobedience.
"1) Whosoever shall not obey an official order and thereby intentionally or through negligence cause considerable damage, endanger human life or property in considerable amount, or the security of the Reich or the mobility of training of the unit, shall be punished....."
and then follow the punishments. In the second paragraph it states that "if the act is committed in a combat zone the death penalty may be imposed." Thus we have here the threat of a death sentence for the disobedience towards an official order. Paragraph 94, Insubordination, when committed in a combat zone, it threatened with the death penalty. Then we have Article 115, the next one, "Instigation of a subordinate to a crime", which is to be understood that he who violates the German military laws, that is, he who incites a subordinate to commit a military crime, is liable to punishment.
The next document to be offered is Foertsch Document 77, which I shall offer as Foertsch Exhibit 66. This is an excerpt from the "Decree in regard to Special Criminal Law in Time of War and while on special duty," This is on page 22 of the document book. We have to note here that according to paragraph 3 of this decree the following are liable to punishment: "2. whoever under takes to induce a soldier or a member of the reserve to disobedience, to resistance or activity against a superior...." If a military commander, therefore, a Chief of Staff, or any other officer in the Southeast incited any soldier -let us say, if the Chief of Staff caused his Commander to not carry out orders from the O.K.W., that is, to disobey, then he was liable to punishment by death. The same is stated in paragraph 3: "Whoever undertakes to evade, or help another to evade, entirely, partly, or for a time, the performance of their armed service, by self mutilation, a device using deception, or any other means."
An example, if General Foertsch had pretended sickness or if he had shot himself in order to be not capable of carrying out his services and thus evade his tasks, he would have incurred the death penalty. Page 23 of the Foertsch Document Book contains paragraphs from the same document, and here paragraph 10 is of importance. It is provided here that the Commander-in-Chief of the Armed Forces is authorized to change and supplement this decree issued by the Fuehrer. This is an indication of the great authority held by the Chief of the OKW, which is by no means comparable to the authority or jurisdiction of a chief of staff in an army group.
The following pages of the document deal with the legal competence, and this is a subject which I don't want to discuss in detail here.
On page 26 we might note that for all offenses committed by Generals, the Reich Court-Martial has jurisdiction. That is, we have a special provision here that proceedings may be taken against Generals for all offenses that they might commit, that is, even for disobedience or refusing to obey orders. In this Document 77 end on page 27 of the Document Book I would like to draw attention to the last but one paragraph.
"The Chief of the High Command of the Wehrmacht is authorized to give explanations in regards to this decree, to issue orders for its execution", etc. Thus, although the decree itself was issued by the Fuehrer, it was expressed what importance it held in the State.
The next document offered is Foertsch Document 78 which is Exhibit 67. This is on page 30 of the document book. It is a decree about the special jurisdiction of the SS. We have here mentioned in detail that the persons named here, that is, SS members, are exclusively under the SS special jurisdiction, therefore, not under the jurisdiction of the Wehrmacht.
On page 31 at the top we see in paragraph 3, which starts on the preceding page, sub-section 2 of that paragraph:
"The Reichsfuehrer SS and Chief of the German Police will take the place of the Reich Minister for War or the Chief of Staff of the High Command. He will appoint the judiciaries and the local limits of their jurisdiction".
Article 4 on the same page, 31, says:
"SS courts will take the place of courts-martia". I would like to state here by way of an explanation that General Foertsch was not a judiciary and that nobody asserted that he was. In the expert opinion of General von Halder concerning the position of a chief of staff it is stated quite clearly that Department 3 which is the department which dealed with legal matters in the staff was not under the charge of the Chief of Staff. Inspite of this I am introducing this document here to show at least indirectly that through no channels, not even by influencing a certain person, did General Foertsch have any opportunity whatsoever to influence the conduct of SS members via the courts which were established.
The next document is Foertsch Exhibit 79 on page 33 of the document book, and this will be offered as Exhibit No. 63. This deals with the special legal procedure in criminal offenses for the SS, and Foertsch Document No. 80 deals with the same thing. That is Document No. 80, Exhibit 69 on page 36. This document shows again that all closed formations of the SS and police subordinated to the Wehrmacht are liable to Wehrmacht law, but there are special SS field courts to exercise this law. This important decree has again been signed by the Chief of the High Command of the Armed Forces, Keitel, as one can see on page 36. This shows again the importance of the position of a chief of staff of the High Command, and that this position cannot be compared with the position of a chief of staff in an army group.
Now I come to the last document which is Foertsch Document No. 31, and this will be offered as Foertsch Exhibit 70. This is so-called Wehrmacht disciplinary law.
From the excerpts which I have included in this document book I would like to draw attention to the last paragraph before the signature. That is on page 39. There in paragraph 3 it is stated:
"The Commanders-in-Chief of branches of the Armed. Forces and the Chief of the High Command of the Armed Forces can assume jurisdiction in all cases in their area of command."
Here the defendant's jurisdiction as the Chief of the OKW is made quite clear, and it becomes expressly clear from this that he can in no way be compared with the Chief of Staff in an army group.
If Your Honors please, this brings me to the end of my presentation of the Foertsch Document Book. I don't intend to introduce any other document books, but there might be one individual affidavit which I would like to reserve the right to present before the Defense concludes its case. Apart from that, I have come to the end of this additional presentation of documents.
DR. MUELLER-TORGOW: Dr. Mueller-Torgow for General Felmy. If the Tribunal please, since Document Book Felmy 6 has been completed in the meantime, I would today like to present all those documents which I have available at this moment. I would, like to start with Felmy Document Book No. 1. This is where the documents to be presented are concerned. All affidavits, namely, affidavits by persons who comment not materially on the individual counts of the Indictment but who happen to know General Felmy from various occasions, when presenting these documents, I shall therefore restrict myself to the most material contents, and I shall present them more or less as a group.
The first document which I would like to present is Felmy Document No. 1, and this till be offered as Felmy Exhibit 61. It is an affidavit executed by Dr. Georg Guntermann. The next document is Felmy Document No. 2, and this will be offered as Felmy Exhibit 62. That is on page 3 of Felmy Document Book 1. This is an affidavit executed by one Dr. Rudolf Goernand.
The next document is Felmy Document No. 3, and this will be offered as Felmy Exhibit 63. It is an affidavit executed by one August Jolie. I would like to read the substance of this document. It is on page 5 of Felmy Document 1.
"I have known Herr Felmy since Spring of the year 1912. He was then assigned to me as aerial observer, and I have made a considerable number of cross-country flights, as well as the Prince Heinrich flights in the years 1913 and 1914 with him. At that time, when flying was still in its infancy and each flight, especially each cross--country flight, involved considerable danger, the two-man crew of the airplane formed a close partnership, the "flyers' marriage". For years I so had an opportunity to become acquainted with Felmy even under the most difficult conditions. He showed himself to be of a staunch, open and absolutely honest character, as a good, modest, always helpful comrade, always ready to step in for others, without regard for his own person".
The next document is Felmy Document No. 4, and this is an affidavit executed by one Werner Zahn. This will be offered as Felmy Exhibit 64. In the second paragraph there it is stated as follows:
"I have known General Felmy since 1913, the first years of the German Air Force. During World War I he distinguished himself as reconnaissance pilot and leader of airplane formations. Although his skill as a pilot was well-known to personnel of the Air Force, which was only a small organization at that time, he was more appreciated by them because of his straight-forward character, his firmness with which he defended his views to his superior commands, and his almost proverbial good-natured readiness to help. He was considered one of the best officers of the Air Force , who commanded everybody's respect and esteem by virtue of his noble views, his actions and his objectivity."
I shall read the next paragraph from page 7:
"When the Air Force was reorganized he was transferred to the new Air Force as one of the oldest and most experienced pilot officers of the old Air Force. His straight-forwardness, his experience and his capability as a pilot were often responsible for his clashes with the Supreme Air Force Command. Not to be discouraged, however, the General pursued his own way, which soon resulted in manifestations of dissatisfaction by the highest command. Without taking into consideration what his superiors thought of him, and disregarding his chance of promotion, the General opposed orders passed on to him if he deemed it necessary in accordance with his avowed, convictions. His dismissal already in the first year of the war was in my opinion far more due to his fair, decent actions and principles, as the real cause, than the reason that was officially stated at the time.
"Before World War II, I often discussed politics with General Felmy. At no time did he state that he considered a war possible, let alone desired the outbreak of hostilities. His sober, clear reasoning, in which he excelled, enabled him to recognize distinctly Germany's weakness militarily inspite of the rearmament drive. He hoped for a peaceful settlement of the most urgent problems (Corridor, Danzig, Colonies). He was profoundly opposed to an inhuman air war against the civilian population."
Document No. 5 is an affidavit of one Erich Morell and this will be offered as Felmy Exhibit 65. Felmy Document No. 6 is an affidavit by Karl Bolkenius and this will be offered as Felmy Exhibit 66. Document No. 7 is an affidavit executed by one Wilhelm Wimmer, and this will be offered as Exhibit 67. Document No. 8 on page 14 will be offered as Exhibit 08. This is an affidavit Executed by one Kurt JanckeSteinbrueck. I shall read the first two paragraphs:
"As a captain, General Felmy was my commander as leader of the Air Force Detachment 300 (Pascha) on the Sinai-Front and in Palestine in 1916.
As an irreproachable, steady, conscientious officer, he was an example for us. In action he strictly observed international rules. As to the treatment of prisoners of war, I state the following from my own experience:
"In Spring 1917 I shot down an English plane in aerial combat and took the Australian Lieutenant Vautin of the Australian Flying Corps, also shot down by my accompanying fighter pilot, into my plane as a prisoner at the place where he was shot down near Gaza, South Palestine, for the flight to our home base Ramleh. There the present defendant decided that Lieutenant Vautin was to be paroled for three days to live freely in our officers' billets and to mess with us, receiving the same treatment as we German officers, until according to the regulations he had to be handed over to the Turkish troops for further captivity. Captain Felmy treated Lieutenant Vautin correctly and exceedingly kindly in every respect. In other cases of downed enemy planes he saw to it at once that communications were taken up with the English Air Force. I must assume that the present British Commander-in-Chief in Germany, Air Marshal Sir Sholto Douglas, can give full particulars of this, as he served on the staff of General Allenby, who then commanded the English troops on the Egyptian front.
PRESIDING JUDGE CARTER: Just a moment. The interpreter doesn't seem to have a copy. Is it possible to have one provided here?
THE PRESIDENT: The reporters don't have one either.
PRESIDING JUDGE CARTER: Are there no more copies? Mr. Messenger, are there any more copies?
DR. MUELLER-TORGOW: If Your Honors please, I will have a few English copies fetched immediately. Just a moment, please.
THE PRESIDENT: It might save time. It is rather difficult to have to interpret all of that as fast as you read it.
DR. MUELLER-TORGOW: The next document to be presented will be Document No. 9 on page 16.
This will be offered as Felmy Exhibit 69. It is an affidavit executed by Heinrich Schmittdiel. The next document is Felmy No. 10 and this is on page 18. It will be offered as Felmy Exhibit 70. This is an affidavit executed by Rudolf Loytved Hardegg. The next affidavit is Document 11 which will become Exhibit 71. This is executed by one Walter Komorowski. The following document, Document No. 12, is an affidavit executed by Willy Fisch, and this will become Felmy Exhibit 72. Document No. 13 is an affidavit executed by Hans Buetow, and this will receive Exhibit No. 73. Document No. 74 is an affidavit by Knox and this will become Felmy Exhibit No. 74. Document No. 15 is an affidavit by Dr. Wilhelm Rohrbach, and this will be given Exhibit No. 75. Document No. 16 is an affidavit executed by Johannes Blaskowitz, and this will be given Exhibit No. 76. Document No. 17 is an affidavit by Dr. Rolf Fleiner, and this will be offered as Exhibit No. 77. Document No. 18 is an affidavit by Richard Ruoff, and this will be given Exhibit No. 78.
THE PRESIDENT: Can you give us the page numbers as you go along also?
DR. MUELLER-TORGOW: This particular one is on page 29. Document No. 19 on page 30 will be given Exhibit No. 79, and this is an affidavit by Dr. Heinrich Kalk. Document No. 20 on page 31 will become Exhibit No. 80. This is an affidavit executed by Walter Griesshaber. Document 21 on page 33 is an affidavit executed by Kurt Schroeder, and this will become Felmy Exhibit 81.
The next document, Document No. 22 on page 35, has already been offered as Exhibit No. 1. Document No. 23 on page 37 is an affidavit executed by Horst Bielitz, and this will be given Exhibit No, 82. Document No. 24 on page 39 is an affidavit executed by Dr. Paul Rauscher, and this will receive Exhibit No. 83.
I would like to read a few passages from this document. In the second paragraph, it is stated: "I met General (Air Force) Hellmut Felmy soon after he came to Braunschweig, when his wife came to me for treatment. Thereafter, my wife and I often were together with the Felmys."
In the third paragraph it is said, in approximately the 8th line: The officers praised his objectivity, his absolute justice and the understanding which he had for all of his subordinates. The enlisted men adored him like a father and praised his great human qualities. Later, during the war, I was with Herr Felmy several times, when he was here on leave from Greece. At this time he repeatedly told me about the extremely bad food situation of the civilian population and their other needs; it was apparent from the way he talked that he was sorry about the pitiful condition of the people and made every effort to help them." Felmy Document Number 25 on page 41 is an affidavit of Dr. Reichard Isenburg, and this document will be offered as Felmy Exhibit Number 84.
Felmy Document Number 26 on page 42 is an affidavit executed by Richard Moser von Filseck, and this will be offered as Felmy Exhibit 85. I'd like to read just one paragraph on page 43, and that will be the second paragraph:
"The striking modesty free from all bitterness with which Hellmuth Felmy devoted himself in 1940/41 after he gave up active service, to a professional activity in a purely economical sphere was for me a special proof of his lack of vanity and ambition. As far as I remember, these qualities, even before the war, had led to his being passed in his official position by others who knew how to push themselves forward. If Hellmuth Felmy allowed himself to be used later on again for active missions as an officer that was doubtless because he felt that as an officer he was bound by duty to such service."
Document Number 27 on page 44 is an affidavit executed by Dr. Heinrich Giffhorn, and this will be offered as Felmy Exhibit 86. Document Number 28 on page 45 is an affidavit by Dieter Wege, and this will be offered as Felmy Exhibit 87. I would like to read this affidavit.
"As a good friend of the Air Force General Felmy -- I have known him for about thirteen years --- I went in an out of his house almost every day. In this way I had an opportunity of ascertaining that the General took no active art in party politics, on the contrary his remarks gave one to understand that he was not always in favour of the action and measures of the Party.
"In 1940 I was recruited into the Air Force and after a time of training went into the Corps Headquarters Unit for special tasks and into the Liaison Squadron of General Felmy. I was attached to this Unit until October 1944. During the whole of this time I had the opportunity -- especially as I often came into contact with him in the performance of my service tasks --- of ascertaining that he was more a father to his subordinates than a superior.
"When bands were used in Peloponnesus he never issued an order for the terrorizing of the bands and prisoners. No rumour to this effect even was current. The issuing of such an order would never have been entrusted to him as he always showed himself to be a kind and understanding superior -- more man than officer. It was regretted rather that all officers did not possess the same humane attitude."
The next document, Felmy Number 29, has already been offered as Exhibit 4. Felmy Document Number 30, both are affidavits by Herbert Rieckhoff, has been offered as Exhibit 5. The latter one is on page 48.
The next document to offer, therefore, will be Felmy Document Number 32. This is on page 33 of the document book. It will be offered as Exhibit 88. This is an affidavit by Walter Schoeneich. In the Second paragraph, the following is said:
"Herr General Felmy has been known to me by name and from his reputation for about 30 years. I entered into closest official and personal contact with him, when during 1935 -36 I had been his adjutant as a major. I recall this time as having been the most satisfying part of my soldier career professionally and the most valuable humanly."
Then on the same page the affiant goes on to say last but third line:
"As a special referee for questions of honor and disciplinary jurisdiction I had particular opportunity to observe his high sense of justice coupled nonetheless with understand for human weaknesses.
For talks of partisan political nature between General Felmy and me there was then neither an occasion nor the opportunity. To my knowledge General Felmy also has never taken occasion to influence comrades or subordinates politically, much less did he have any interest in their political views and attitudes, for his thinking and acting was determined only by soldierly -- objective view-points.
The next document is Felmy Document Number 33 on page 55, and this is an affidavit by Dr. Emil Voigt, and this will be exhibit number 89. There it is said in the second paragraph: "General Felmy came to Braunschweig in the year 1936. Since I was at that time in the Braunschweig Public Service an administrative official dealing with army matters, I very soon came into contact with him and from then on met him frequently at social occasions and official affairs."
And in the next but one paragraph toward the middle of this paragraph it is said: "As much as he on one side acknowledged and rewarded special efforts and merits, just as much he knew on the other hand to punish negligence and offences while on duty. At that he never went beyond the limits of the law and especially did he always consider benevolently all points in favor and disfavor of the accused and accounted for it in his decision on the extent of punishment."
The next document to be offered will be Felmy Document 34 on page 57, and this is an affidavit executed by Hans Hueckel. This will be offered as Felmy Exhibit 90.
Felmy Document Number 33 on page 58 will be offered as Exhibit 91, and this is an affidavit by Richard Plagemann. Felmy Document Number 36 on page 39 is an affidavit by Fritz Arppe, and this will be Felmy Exhibit Number 92. Felmy Document Number 37 on page 60 is an affidavit by Erich Mandke, and this will be offered as Felmy Exhibit Number 93.
Felmy Document Number 38 on page 62 is an affidavit by Hanns Polonius, and this will become Felmy Exhibit Number 94. In this affidavit it is stated in the second paragraph: "I know General Felmy since October 1936, and I worked under him until he was dismissed in January 1940, at first as junior administrator (accessor) and later as senior administrator (Regierungsrat) in the administration."
I shall go on to read from the last paragraph on page 62. 'When he was first dismissed in January 1940 his staff commented that this was mainly due to his manful and energetic opposition against to the then Supreme Commander of the Air Force, Goering, and that an apology or repudiation of his views was refused by him."
Document Number 39 on page 64 is an affidavit by Ludwig Drinkut, and this will be offered as Felmy Exhibit Number 95. I'd like to read the main parts of this affidavit:
"I know General of the Air Force Felmy since 1937, the time at which I was transferred as a corporal and flight engineer to the staff of the Commanding General of Air District Command VII, which post was held by General Felmy at the time.
"My comrades at the new command showed the greatest regard when discussing their highest superior officer; therefore, I was rather curious to meet him. The first meeting took place soon after that, and I often think back on it, It was before a flight with the Ju. 52 airplane.
Reporting for duty to him the General asked me about my military career, my activities as an airplane pilot etc., and then went on to inquire about personal and family matters. I was surprised about this kind of interest; this was not the usual type of inquiry, but --- and that I found confirmed time and again at later occasions -- the desire to get above all acquainted with the man, apart from the soldier. I was genuinely impressed by him and convinced that in this man I had met a superior who was my comrade, a first impression which I never was forced to change afterwards.
"Until General Felmy was dismissed at the beginning of January 1940 I accompanied him at all flights, I believe, and I was always pleasantly impressed by his decency, kindness and his urgent desire to help his subordinates. When, coming from Berlin and landing at Muenster the General informedus about his dismissal, we were shocked, for like us, the soldiers in his entourage could not grasp that such a grand, fair man, both in efficiency, viewpoints and attitude, should be allowed to retire. We could only partly sense his disappointment and disillusion. Even in those exciting days he thought of me, and ordered his adjutant to propose me as a candidate for an officer's commission. "In 1942 I was again assigned to General Felmy, this time as airplane pilot and technical officer, who meanwhile had resumed his duties, but who had at that time reliquished his post as Commanding Officer for Southern Greece. The comrades there were also full of praise about such a general. This was best shown by the fact that he was generally referred to as "our Hellmuth". Among other things a frequent topic was his decent, humane treatment of the Greek people, for whose rights he stood up. As an example the construction of the airodrome Kalamacki, South East of Athens, was, mentioned.
There, a runway was to be built, respectively extended, right into the gardens and residential sections of a town. General Falmy very engergetically insisted that as little as possible of Greek property was to be touched.
"The General displayed the same attitude concerning the use of rooms for army purposes, whether this was in South Russia, or later on, again in Greece. He frequently convinced himself that his orders were executed, and at staff talks he emphasized that the population should be treated decently. He loathed senseless destruction, as he was of opinion that the war in itself was already cruel enough. He told me that, among other things, when I had to report to him for receiving my orders regarding the retreat at the turn of 1942/1943."
The next document is Felmy Document Document Number 40 on page 66. This is an affidavit executed by Holm Scheilmann, and it will be given Exhibit Humber 96. Felmy Document number 41 on page 69 of Felmy Document Book 1 is an affidavit executed by Hermann Mette, and this will be offered as Felmy Exhibit Number 97.
Document number 42 on page 70 of Felmy Document Book 1 is an affidavit by Ulrich von Tippelskirch, and this will be offered as Exhibit Number 98. Felmy Document Number 43 on page 72 of Felmy Document Book 1 is an affidavit by the former general of the air force, Joseph Kammhuber. This will be offered as Exhibit Number 99. I would like to read this affidavit from the third paragraph onward.
"I have known General Felmy since 1930. As Chief of General Staff of Air-Fleet 2, whose Commander in Chief General Felmy was at the time, I became especially well acquainted with him during the time between the 19 August 1939 and the 27 December 1939. Especially well pronounced were two of his qualities of character: First of all his staunch and upright character as a soldier in the best sense of the word, not afraid to voice his opinion at highest quarters without reserve, - for which reason he was not especially well liked there. Very often his opinion was at sharp variance with that of highest quarters, so at the beginning of the war when he warned against rash attacks on England. In all questions of warfare, organization, training and administration Felmy represented straight military point of view. The second basic characteristic is a tender-hearted altruistic minded soul; deeply abhoring violence which is not necessitated by overpowering circumstances, valid in the whole world.
"Felmy had an especially warm spot in his heart for his subordinates. I have never seen Felmy severe, not to say unjust, towards the men subordinate to him, or towards enemy prisoners. This missing severity was in him so pronounced, that he was considered to be too soft for the rank of an Air-Fleet Chief by the leaders then in power. The charges leveled against General Felmy are therefore, in as far as I am acquainted with them, in absolute contrast to the trait of character described.
A third point of view has to be added: His pronounced and to me well known religious and ethic conception of life; which might also be the key to his tender mindedness. I also had the opportunity to visit and speak to General Felmy again several times after his insulting dismissal, This absolutely unjustified dismissal, of which I was a witness, occurring on the 12 January 1940, hit him, as well as myself, exceedingly hard at the time. After every attempt to justify himself had been flatly rejected by highest quarters whose wrath knew no bounds, he bore his truly undeserved military fate with dignity and admirable composure, trusting in the just God in whom he believed. This trust, strongly rooted in an exemplary harmonious family life, is the fundamental principle of his life. For this reason I consider a subjective guilt of General Felmy in acts against humanity as impossible. They fit in no way into the picture I have made to myself of him as a soldier and man during the long time I was able to observe him."
The next document is Felmy Document Number 44 on page 74, and it will be Exhibit 100. It is an affidavit executed by Wilhelm Friedrich Karl Ohms. Felmy Document Number 45 on page 75 is an affidavit executed by Karl Kettembeil, and this will be offered as Felmy Exhibit Number 101. Felmy Document Number 46 on page 76 is an affidavit by Otto Scholl-Latour, and this will be offered as Felmy Exhibit Number 102. And finally, Felmy Document Number 47, on page 79, and this will become Felmy Document Number 103. This is an affidavit executed by Hermann Barchet.
If your Honors please, this brings me to the end of the documents in Felmy Document Book I. In Felmy Document Book 2 which I'd like Your Honors to take up now, all documents have already been submitted with the exception of Felmy Document Number 56 on page 21. This is an affidavit executed by August Wuestefeld which I don't want to read here. This document will be offered as Felmy Exhibit Number 104.
Now, I'd like to turn to Felmy Document Book 3 where there are still a number of documents left to be offered. The first one to offer will be Felmy Document Number 68 on page 9. This is an affidavit executed by Friedrich Peschlack. It will be offered as Felmy Exhibit 105. Peschlack was from about the middle of the year 1943 army postmaster in the Staff of the LXVIII Corps. I'd like to read from last but one paragraph, on page 9.
"Though the increase of Partisan activity toward the end of the war, the life of the German soldiers, the Greek units, as well as that of the Greek Police in Greece was constantly in grave danger. When in 1943, sometime in July, I rode from Solonica via Kozani to Athens with a motorized column of the LXVIII Army Corps under the command of the then Major Froesch (now probably in Vienna), we found at Servia the remains of the column which had proceded us. The greater part of these German soldiers of the column had been cut down in the most brutal manner, and in part sprayed with gasoline and burned. This surprise attack had been carried out in accordance with a mode of warfare contrary to International Law.
"When, in March 1945, I visited a cemetery in Athens toward 1900 o'clock in the company of Herr Hans Barnickel, now residing in Roth near Nuernberg, then member of Army Postal Unit 468 in the capacity of army field clerk, we were subjected to rifle fire by unidentified Greeks as we were leaving the cemetery. Only by sheer luck did we escape this treacherous ambush which was contrary to International Law, and which violated the rules of warfare in every respect.
"It was worse yet on the Peleponnesus, in the country, on the islands, (Crete etc.) and above all on the isolated mountain roads. Many localities could be reached only by escort. It was known to every German soldier from the accounts of fellow-soldiers in what brutal manner many persons who fell into the hands of the Partisans were tortured to death.