This brings me to the end of this document, which is List Exhibit No. 14. Finally, concerning the same subject, I shall present List Document No. 153, which will become List Exhibit No. 15. This can be found on Page 9 of List Document Book I. This Exhibit No. 15 is an affidavit given by Lt. Col Faulmueller, and for the moment I shall only read the third and fourth paragraphs of this affidavit:
"From 12 January 1941 I was captain and quartermaster of the Corps Headquarters XVIII, which was under General Boehme's command.
"On 18 September 1941 the Staff of the Corps Headquarters XVIII AK was transferred from Athens to Belgrade. The High Command of the Armed Forces appointed General Boehme Plenipotentiary Commanding General in Serbia."
I shall now skip one paragraph, and I shall continue reading towards the bottom of the page:
"While we were stationed in Serbia, Dr. Thurner was Chief of the Military administration. In the Staff of the Plenipotentiary Commanding General people had the impression that relations between General Boehme and State Councillor Thurner were strained for two reasons, as far as I can remember:
1. Staatsrat Dr. Thurner tried to influence General Boehme to resort to considerably sharper measures than his predecessors in fighting the bands. I was never informed on details of his suggestions to this effect.
2. General Boehme was upset, that owing to Thurner's "autocratic methods" things happened in his area of command, of which he received no official or only insufficient information. In this connection I remember, that Staatsrat Dr. Thurner repeatedly mentioned in conversation, that he received immediate instructions from a large number of superiors and Agencies. He names as such.
General Boehme Quartermaster General in the High Command of the Army Reichsfuehrer SS Foreign Office Goering's Staff (I believe, in matters of War Economy)".This brings me to the end of this document, which is List Exhibit No. 15.
If Your Honors please, the Prosecution attaches particular importance to the method of occupation. How this occupation actually looked around the middle of June 1941 -
THE PRESIDENT: My attention has just been called, Dr. Laternser, to the fact that the Prosecution was to be given an opportunity to check a certain page -- Page 86. Perhaps we shouldn't proceed too far until the Prosecution is given an opportunity to do so -- if you have completed that particular matter, Dr. Laternser. Is it the wish of the Prosecution to make any comments concerning that page to which I have made reference? Are you through with that portion of the document, Dr. Laternser, to which I'm making reference?
DR. LATERNSER: If Your Honors please, I always add now if I am finished with one document or if I am not finished with it.
MR. FENSTERMACHER: Your Honor, I have nothing to add to this complex of things.
THE PRESIDENT: Very well.
DR. LATERNSER: I mentioned just now, Your Honor, that the type of occupation was given particular importance by the Prosecution. How this occupation actually looked around the middle of June 1941 -- that is at the time when the insurrection in Serbia flared up -- I would like to prove with Document No. 500, which document will be offered as List Exhibit No. 16. I would like this chart to be added to List Document Book I, as Page 113. If Your Honors please, in the top section of this sketch there is an area marked in red and in blue pencil, and, further, joining the blue-sketched area, there is an area marked in green color. These three areas together show Yugoslavia before the beginning of the Balkan campaign.
The three other sections which are also colored show Greece. That part of the map which is not shown in any color presents Albania, which, at that time, was still part of the kingdom of Italy. Those parts marked with red are areas held occupied by the Italians, whereas those areas marked in blue pencil are the areas held occupied by the German forces. Those areas which show two colors -- that is, blue and red -- had German as well as Italian occupation forces. The areas marked in green stripes are areas hold occupied by Bulgarian troops. Into all these areas I have had marked the occupation forces which could be found in the area concerned around the middle of June 1941. I did that so that from this sketch as a whole one can observe that in the middle of June -- that is, around the time when the insurrections started -- there were altogether thirty-three divisions in the Balkans, in which connection we have to observe that a number of independent units such as coastal batteries, units guarding air fields, garrison H.Qs. etc., are not mentioned under these units here. I shall try to get some information about the strength of the present occupation of the western zones, which, in my opinion, is below the strength just mentioned here.
MR. FENSTERMACHER: Your Honor, I think the chart ought to be identified in some way insofar as its authorship is concerned. I assume that Field Marshal List drew it up. If he did I would be satisfied with Dr. Laternser's statement to that effect.
DR. LATERNSER: The original which I have offered as the exhibit is signed by Field Marshal List and General Foertsch. The authenticity of these signatures could not be made on the documents handed over to the Prosecution, because these signatures had not been made at the time when the Prosecution was given these copies.
THE PRESIDENT: Does that meet your objection, Mr. Fenstermacher?
MR. FENSTERMACHER: Yes, I only wanted to make that clear in the record, Your Honor.
DR. LATERNSER: Concerning the evaluation of many events it seems to me of importance that Field Marshal List could not take care of his office because he was absent at the time. In order to prove such periods of absence to which I shall have to refer back at later dates I shall now offer List Document No. 175, which will become List Exhibit No. 17. This document can be found in List Document Book III, on Page 77. This is an affidavit given by Field Marshal List himself, the contents of which I may recommend to the attention of the Tribunal without reading this document.
MR. FENSTERMACHER: Your Honor, according to the best evidence rule Field Marshal List's Pay Book, in which all his absences from headquarters are recorded, should be produced rather than his affidavit. I believe Dr. Laternser told me on one occasion that Field Marshal List does have in his possession his Army Pay Book.
DR. LATERNSER: If Your Honors please, since the Defense is coming towards the close of its case we now arrive at the problem of best evidence. When the Prosecution carried out their activities we frequently pointed to this problem, and if one really applied the principle that only the best evidence may be submitted, then the Prosecution, in my opinion, could scrap nine-tenths of its total evidence submitted. The Prosecution themselves, even for the very fact that Field Marshal List was on the Balkans at all, submitted an affidavit executed by Field Marshal von List. Now, I want to establish the period of his absence from the Balkans in an affidavit executed by Field Marshal List, and all of a sudden this is not to be accepted because it does not present best evidence.
THE PRESIDENT: The Tribunal has been conscious of this question from the beginning of the trial, and we have discussed it among ourselves, and the question was not particularly raised here before which is now raised. It seems to me that the objection is sound. Perhaps this question night be taken care of by checking with the Pay Book which if it went into evidence would probably stay there.
MR. FENSTERMACHER: We made no objection to the Pay Book being introduced when it was offered on behalf of the Defendant Foertsch, Your Honor, and that's simply the rule which I'm asking Dr. Laternser to follow here.
DR. LATERNSER: If the Tribunal please, may I add something to this statement? A fact can be proved from several means of evidence. For instance, the absence from a theatre of war can be proved by the Pay Book -- also by the Pay Book. It is a more statement of the Prosecution that the Pay Book is the best evidence.
THE PRESIDENT: Does your client still have this Pay Book?
DR. LATERNSER: I don't know. I haven't discussed it with my client, but I am ready to do that immediately. I'll ask him.
If Your Honors please, General List just tells me that he no longer has his Pay Book.
THE PRESIDENT: Under the rules, then, the affidavit will be acceptable, subject to cross-examination on the particular question.
The Tribunal will adjourn at this time until 1:30 this afternoon.
(The Tribunal adjourned at 1217 to resume session at 1330)
AFTERNOON SESSION (The hearing reconvened at 1330 hours, 5 January 1948)
THE MARSHAL: Persons in the Courtroom will please find their seats.
The Tribunal is again in session.
DR. RAUSCHENBACH: Dr. Rauschenbach on behalf of the Defendant Foertsch.
Your Honor, I should like to ask that the Defendant Foertsch be excused from the sessions tomorrow--the whole day--as I have to have a consultation with him about my final plea.
THE PRESIDENT: The request is granted.
You may proceed, Dr. Laternser.
DR. LATERNSER: Shortly before the recess I offered Exhibit No. 17 to the Court. This exhibit contains the times in which Field Marshal List was either absent from the Balkans or was prevented from attending to his duties.
I now want to show for what reason the dates stated in Exhibit No. 17 are correct. In this connection I wish to read various passages from an exhibit which has already been submitted. That is from Exhibit No.10. Your Honors, will you please refer to Page 78 in Document Book III?
Above is June. Then, for Friday, the 13th: "Upset stomach. Departed by plane at 0700 - 1100 at Belgrade - 1140 departure - 1400 at Wiener Neustadt."
Then, the last line for that day reads: "Telephone call from Berlin have to see Supreme Commander of the Army."
I'm now turning to Page 79, under June 15th, Sunday, Vienna: "very nice All day in the garden, which is in full bloom. Left at 1805 with Camps, Kuebler and Hannstein, who had arrived from Athens in the afternoon to Berlin."
I'm now turning to Page 80, June, 22nd, Sunday, Vienna. Then the 23rd, Monday, Vienna/Athens: "1000 departure by plane, 1215 at Belgrade 1300 left Belgrade, arrived Tatoi 1545."
Then, on the 24th of June, Tuesday, Athens/Ekali: "Much work, orders for reorganization, etc.
Took care of reports and mail."
Then, to Page 81, about the middle of the page, the first line above June/July-- 1st, Tuesday, Athens/Crete; the next line: "At 0700 from Tatoi to Maleme - Report by General of the Luftwaffe Student, Reports by Jaeger and Parachute troop officers."
Then, I turn to the second, Wednesday, Crete-Athens, reading nothing but the words: "Flew back at 1400."
I am now turning to Page 82, July 4th, Friday, Athens/Ekali: "All day in bed."
July 5th, Athens/Ekali, Morning: In bed - Arose at noon, rather weak."
Then, on the 6th of July, on Page 83, Athens/Ekali, "Serious relapse during night."
July 7th, Monday, Athens/Ekali: "In bed."
July 8th and 9th, Tuesday and Wednesday: "In bed and up."
Now, to Page 85, July 20th, Sunday, Ekali: "Last preparations for the departure by plane."
Now, the last line for this day: "Flight to Salonika - by train to Nisch."
Monday, the 21st: "Billeting etc. with 717th Division." The next line: "Present at the same time was General of the Artillery Bader Higher Headquarters 65 - Flight to Belgrade- Conference with Stahl, Commander of the 714th Division."
Now, passing to the 22nd, Belgrade-
THE PRESIDENT: I wonder if it could not be assumed that these diary entries will substantiate the statements made in the affidavit, unless otherwise shown. It might save some record and some time. Any objection to that suggestion, Mr. Fenstermacher?
MR. FENSTERMACHER: No objection at this time, Your Honor. I, at first, cannot anticipate what the other diaries, which are missing from these excerpts, show and may prompt me to ask on cross-examination.
THE PRESIDENT: I'm merely making that suggestion, Dr. Laternser. I do not want to direct the manner in which you should present your case, but I'm merely suggesting that.
DR. LATERNSER: I merely wish to read a few other notes.
Under July 23rd, Wednesday--that's on Page 85 at the bottom, the last line: "2000 departure by special train from Topcider."
Then, on Page 86, July 24th, Thursday, Maribor-Vienna.
Court No. V, Case No. VII.
Then, I have one more quotation in this connection on page 87:
"August, Saturday 23rd, Vienna - Belgrade."
Your Honor, I attach importance also to the statement on page 93 at the bottom. That is:
"October 8, Wednesday, Ekali-Crete. 0900 departure from Tatoi."
And then on page 95, October, Saturday 11th.
"Crete-Ekali."
Then the third line.
"Departure 1040 - 1120 arrival in Tatoi. Foertsch at the airport."
And then on page 97 at the bottom:
"October 15, Wednesday. Ekali. Entry only on Tuesday the 4th/X1."
Last Line:
Further Pains at noon. In bed in the afternoon."
And on page 98.
"October 16, Ekali. Intended flight to Belgrade cannot take place."
And then:
"Afternoon: Transfer to the army hospital Sismaneglion."
Then:
"Friday, 17th." I am just reading "1517 operation by Assisting physician Dr. Haist."
On the 15th of October then the activities of Field Marshal List in the Balkans were concluded as it appears from this document. What he himself thought about his reassignment can be seen from page 99 of the document book 3 - No. 3. That is at the bottom:
"December 24, Wednesday, Vienna. Morning physicians - Olbright called, knows nothing that something new could be intended for me; believe that to be very good."
Your Honors, you know that Field Marshal List was only reassigned in the summer of 1942. How this reassignment came about is shown by document List 181, which I submit as exhibit 18. That is List 181, exhibit 18. It is in document book 3 on page 100. It is the affidavit of General Franz Halder, the former chief of staff of the German Armed Court No. V, Case No. VII.
Forces, which I wish to read from the 3rd paragraph:
"From 1 September 1938 to 24 September 1942 I was as General of the Artillery and later Generaloberst with the High Command of the Army in the capacity of chief of the General Staff of the Army.
"I can state the following about the assignment of Fieldmarshal LIST as commander in chief of Army Group A (South flank of the Eastern front) in 1942:
"To execute the attack in the South of the Eastern front in the summer of 1942 (42) as ordered by Adolf HITLER, a new army group command had to be erected. HITLER had to select the commander in chief. At one of my daily reports, I remember that it was in March 1942, I noted that the selection would now have to be made. Then HITLER asked: "Who could be considered?" I named Fieldmarshal LIST and I gave as a reason the fact that he was the senior ranking officer among these officers under consideration and that I was of the opinion that his experience in mountain warfare was particularly valuable in view of the task which was to be handled. The reason most important as far as I was concerned, however, I could not express that openly--was List's inner opposition against Hitler which was well known to me. Hitler at first did not reply to this suggestion. That was a sure sign that he did not favor it two days later when I was again urging Hitler to make a decision with regard to the assignment and when asked again I once more mentioned List. Hitler decided -- grudgingly as it occurred -- for Fieldmarshal List. When I met the Fieldmarshal after he had been appointed Commander in Chief of Army Group "A" - I cannot remember the exact date he very plainly expressed to me his displeasure at his appointment. He used words to the following effect: By my suggestion I had rendered him an ill service. He did not wish to be reassigned and had been hoping to be left in peace."
Franz Halder.
Your Honor, I just wish to deal with one point. The extent of the knowledge as to the events, as far as Field Marshal List could have Court No. V, Case No. VII.
been presumed to have had any such knowledge was due to the high position he held.
In order to give you some kind of an indication as to the extent of his knowledge, I would ask you to refer to document 209, which I merely submit for information. It is contained in document book 5 on page 109. The first statement on pages 109 to 112 of document book 5 refers to those prosecution exhibits, which Field Marshal List did not know of until their submission in Court. The second statement which will be found on pages 113 and 114 designates those documents of which Field Marshal List may possibly have had knowledge at that time, however, he cannot recall them. However, I beg the Court in appraising the case to give due note to those lists and in a similar way, as far as I know, this was the procedure in other cases too. The Prosecution too has themselves used those statements by Field Marshal List.
MR. FENSTERMACHER: May it please the Tribunal, if the Tribunal is supposed to give any notice whatever to this information I think it should be offered and received in evidence. I would have no objection to it being received into evidence, except the document is not sworn to. Except for that I would have no objection. I do not see how the Tribunal can consider it unless it is in evidence.
DR. LATERNSER: I know that in other cases these statements were also submitted for information and I should like to leave it at that....
THE PRESIDENT: In the case of the Prosecution, there were submitted to the Tribunal certain informative statements which were presented for the purpose, as we understood it, of being helpful to the Tribunal in appraising through them the evidence presented. I take it that these are presented in the same manner and for the same purpose.
MR. FENSTERMACHER: What I mean, Your Honor, is that the Tribunal unless this document is received into evidence, the Tribunal could not Court No. V, Case No. VII.
find for example that List did not in fact have knowledge of certain of these documents. The case of what the Prosecution offered was simply for background which could not be considered by the Tribunal in seeking or evaluating evidence.
THE PRESIDENT: Do you have any objections?
MR. FENSTERMACHER: None whatsoever except that Field Marshal List should simply swear to the document before Dr. Laternsar I had no technical objections.
THE PRESIDENT: Is there any necessity of going to that trouble?
MR. FENSTERMACHER: No, I would withdraw that Your Honor.
THE PRESIDENT: Then the exhibit may be received without objection. Is that your attitude of the present statement? I am addressing this to Mr. Fenstermacher.
MR. FENSTERMACHER: Yes, Your Honor, Just to keep the records straight, I have no objection to it being offered in evidence in the manner they are submitted now.
THE PRESIDENT: Is that agreeable to you?
DR. LATERNSER: Yes, Mr. President. Field Marshal List did not swear to these statements for the reason that he assumes that these things were as they were stated to the best of his knowledge and belief, but he is not so sure of himself that he could give them under oath.
THE PRESIDENT: If there is no objection being made to them, they will be received. These will be received as exhibit 19 then.
DR. LATERNSER: Yes, yes. Now I wish to turn to the special events which are the subject of the case. The military agencies attempted to respect the neutrality of Yugoslavia. To prove this I submit document 104 as exhibit No. 20. It is contained in Volume 1, page 59. It is an affidavit of Lt. Colonel Winning. I just wish to read the 3rd and 4th paragraphs.
MR. FENSTERMACHER: I may be wrong in this Your Honors, but I believe this affiant already testified here. If this is correct I Court No. V, Case No. VII.
submit that any questions on this complex should have been asked here at that time.
DR. LATERNSER: Your Honors, it is correct that Colonel Winning has testified as a witness, but he did not make any statements on these facts. I will defer this matter and I may return to it tomorrow. Exhibit No. 20 would then have to be deleted for the time being.
When the war against Greece and Yugoslavia was waged, the principles of chivalry were adhered to. In support of this contention, I submit document list No. 280 as exhibit No. 20. It is contained in volume 6, page 6. It is a statement of the Swedish Minister and Ambassador, Sven Allard, dated 11 October 1947. I beg to read it or rather I wish the interpreter to read it. I have only......
Court No. V, Case No. VII.
MR. FENSTERMACHER: Your Honors, I object to this. It is not sworn, nor does it conform to rule 20 of the uniform procedure of statements in lieu thereof.
DR. LATERNSER: Mr. President, in turning to page 7 of the document book you will find that the Counsel of the United States of America at Paris has certified as to the authenticity of the signature. I believe that that will be sufficient in order to accept this document as not only has it been certified by the American Counsel for France, it has been certified and legalized by French agencies.
MR. FENSTERMACHER: May it please Your Honors, the certificate of the American Counsel goes only to the signature of the French and First Secretary and to the seal of the French Ministry of Foreign Affairs and nothing other than the identification of the signature of the Swedish affiant appears in the document. The document is not sworn to.
DR. LATERNSER: Mr. President, I would like to say something in this connection. I recall exactly that the prosecution too at one time also submitted a very detailed affidavit by an Ambassador, it was by the Greek Ambassador in Rome. I know for certain that the signature there was neither legalized or certified. It was accepted in spite of my objections. Of course, I cannot go to Paris myself in order to conform to requirements, but the Swedish Ambassador in Paris cannot do more than go to a French and American agency. You cannot expect him to do more than that, so the statement should be accepted.
MR. FENSTERMACHER: The document to which Dr. Laternser refers as having been offered and received by the prosecution was offered not as an affidavit, but rather as part of a report of the Greek Government, however, rather than to appear over--technical, I will withdraw my objection.
DR. LATERNSER: I now wish the interpreter to read the statement, which is only available in English to me.
THE INTERPRETER: I have only met Field Marshal List three or Court No. V, Case No. VII.
four times during his stay in Athens in May 1941 shortly after the German occupation of Greece. He always made the impression on me of being a decent and human person. I remember particularly that when I on my first visit to him expressed my satisfaction that the town of Athens had not been bombed, and its cultural monuments not destroyed he told me that he had given strict orders to the air force under his command not to drop any bombs in the vicinity of cultural monuments even if military objectives should be close to those monuments.
DR. LATERNSER: The notes need not be read.
I submit further document 124, as exhibit 21. It is contained in document book 1 on page 51 and is a copy of an army order of the day of 23 April 1941. I beg to read it:
"The Commander in Chief of the 12th Army Army Headquarters, 23 April 1941 "Soldiers of the 12th Army.
"Your brave and swift breaking through on both sides of the Mount Olympus, your advance into the plains of Larissa and over the Pindos Mountains caused the Commander in Chief of the Greek Epirus-Macedonian Army to offer the surrender of the Greek Army on the evening of the 20th of April.
"Unconditional surrender has meanwhile taken place.
"Through this action you have added another, beautiful and especially glorious leaf to your wreath of laurels. You can be all the more proud of this decisive success, since you won it, after having fought against the most difficult territory and after long marches, in a hard fight against English troops and against the Greeks valiantly defending their fatherland.
"You will treat the Greek prisoners and behave towards them as they deserve to be treated as gallant soldiers."
I omit two passages, signed List, General Field Marshal.
MR. FENSTERMACHER: I think the last line is of importance for the record, if Your Honors please.
Court No. V, Case No. VII.
"Onwards for Fuehrer, People and Fatherland!"
DR. LATERNSER: And then I wish to continue with document 41a as exhibit 22, it is on page 52. I just wish to read one sentence, it is an affidavit of a certain Karl Schultze of 16 July 1946, the first sentence of the first paragraph.
"After the surrender of the Greek Army there was an order of the 12th Army, issued by List, according to which members of the enemy army, pouring back into their homeland, were to be taken along in Wehrmacht vehicles, when and if conditions of space would allow for that."
I now leave exhibit 22 and wish to return to another point. The prosecution asserts there was a plan with the objective of committing war crimes in the Balkans. Such a plan has never existed and in support of this contention, I submit various documents, they are all in volume 1. First, I submit document 19 -which you will find on page 63, as exhibit 23. It is an affidavit by Dr. Gruen, which I have previously mentioned and I will just read the third paragraph; it is on page 63, the third paragraph.
"I do not know of "certain plans" having been in existence through terrorization to
a) force the inhabitants to give information concerning size, strength and position of their "national armies",
b) weaken the potential strength of the forces of the "resistance armies",
c) to decimate the native population of those territories in view of later generations, furthermore, through destruction, to slow up the reconstruction of the economic and industrial potential of the occupied countries for decades to come."
The next document, that is exhibit 24, is document 33-d, it is on page 64. I do not wish to read any of the statements in this affidavit, but wish to draw the attention of the Court to the last Court No. V, Case No. VII.
paragraph. According to this affidavit any plans asserted by the Prosecution have never existed.
As Exhibit 25, I submit document List No. 122 on page 66. It is an affidavit of the Professor Dr. Tangl, of which I beg to read from the third paragraph:
"In fall 1941 there were epidemics in Serbia, among others typhus. All necessary measures were taken in order to fight those epidemics. Those measures were aimed at conserving the population not at destroying it.
"The same purpose was served by:
"l) The quick cleaning-up of the cities especially Belgrade. The restitution of the water supply, light and canalization;
"2) raising the agricultural level by importing cattle for breeding;
"3) raising the agricultural level by sending farmers' sons to Bavaria as agricultural apprentices. The young farmers went to Germany voluntarily and liked to go there. After having finished their time of apprenticeship, I think, it was one year, they returned home;
"4) development of the Kostolac coal mines in order to be in a position to supply the capital with coal and electricity from its own country. The purpose was: prevention of a repetition of the catastrophe as had occurred during the winter of 1941-42."
That concludes exhibit 25.
The next document on this point I submit Document No. 3 as exhibit 26. It is contained in the first document book, page 68. It is an affidavit of General Braumueller of which I wish to read a few passages. First on page 68 the third paragraph, one line from the second paragraph: "Colonel and Brigadier General from 5 April 1941 to 4 October 1944, Chief of the War Economy Staff Southeast."
I now jump to the third paragraph:
"It was the task of the war economy agencies stationed in the Southeastern Theater of War to use all conceivable means to restart the economic life of the Southeastern countries which had been temporarily disturbed by the military operations and beyond this to increase their production in all fields. In accordance with the orders of the District Commander Southeast this principle was adhered to from the beginning of the occupation of the Southeastern countries till we left them:
During this time I have never heard anything of a well-devised plan, to weaken the defensive power of the occupied Balkans countries and to decimate their population for generations, nor do I believe, that such a plan ever existed, since it would have been contrary to German raw materials interests and economic interests. In any case such a supposition is contradicted by the measures planned and carried through by the German occupation authorities in the occupied southeastern countries whose aim it was to raise their food and industrial (mining) potential:
The water economy of the Serbian Banate 'g' was completely reorganized and was decisively improved by the construction of canals and irrigation works, which resulted in a rise of the agricultural potential throughout the Banat and which will be useful even to future generations.
In the field of mining the reconstruction of the Bor copper mines ranks first, which in accordance with a blowing up plan laid down by the Jugoslav Ministry of War had been destroyed by the Serbs down to the tool making shop before the German troops marched in. Considerable Reich funds were invested for this purpose and the construction of a new power station of high capacity on the Kostolacz coal fields was started on a big scale."
I omit two paragraphs and continue on the last paragraph page 69:
"In Greece the Wehrmacht construction material office was created, which was incorporated in the war economy staff Greece. In close cooperation with the Greek Government it was in charge of all power stations vital for the capital as well as for all coal pits and metal mines, cement factories brickyards, that were of any importance for the economy of the country. Our monthly reports showed constantly increasing production figures; up to 15000 to 17000 workers with their families were supplied with food, partly from army stocks. In the allocation of products, e.g. cement, bricks, window glass, nails etc. the Greek economy also received fixed quota."
I omit two more passages and read the third paragraph:
"But all these measures of the District Commander Southeast serving economic reconstruction and the welfare of the working population had in the end to come to nothing after a promising start due to the constantly increasing raids and acts of sabotage and to the terror and propaganda to which the population was subjected - especially also the workers in the plants."
I now conclude my reading of this Exhibit 26. I then wish to submit Document 114 as Exhibit 27. It is in the same document volume, page 72. It is an affidavit of a Dr. Hess, of which I wish to read a very small portion, from the second paragraph: "Since the autumn of 1938 I resided at Athens as Chief of the Greek purchasing organization of the firm H.F. & Ph. F. REEMTSMA, Hamburg."
I omit the passage, the further sentence, and continue from the third passage:
"Concerning the charge against Fieldmarshal List, according to which there were plans to decimate the native population of the occupied territories by destruction, I can state the following as far as Greece and Greek economy is concerned:
Till the outbreak of the war on the Balkans tobacco was the post important Greek production item and article of export; it constituted over 50% of the total of Greek exports in 1938, over 43% in 1939. In my capacity of representative of the firm, who already long before the war was Greece's largest customer, I have never heard of any measures of the occupying authorities concerning this part of Greek economy, which might justify the above charge against Fieldmarshal List.
On the contrary all efforts were made, which were possible in the existing circumstances, to preserve Greece's potential in this field."
I now turn to page 73 and read the last paragraph. It is sub-section 3.
"3. German efforts were aimed at maintaining at least the prewar amount of cultivation of tobacco in Greece. Also exports were planned on this basis."
Now on page 74 I am beginning with the third sentence:
"Greek civilian consumption was given priority even over German Wehrmacht consumption. As soon as it became clear, that Greek home consumption was no more covered, the export program was revised."
I conclude reading this document.
Now in contrast to this alleged plan, the attitude towards the civilian population was friendly. That is shown by the numerous protective measures. From the copious material I just take a few parts in order to support my assertion. The attitude displayed by the German army towards the civilian population is shown most particularly and those measures which were ordered to bring about this attitude are apparent from Document 201 which I have already submitted as Exhibit No. 7. I wish to refer to this Exhibit in Document Book IV-A, page 82 to page 90, to an Army Order of the Day, which is signed by Fieldmarshal List. The order begins on page 84 of Document Book IV-A. I read a minor portion of this.
It is issued by C.I.C. 12th Army and entitled "Special Army Order of the Day." Section I, the second paragraph:
"I demand of All commanders and leaders of independent units that they take more severe action now after the close of the operations in Greece than has been the case before, in suppressing abuses which were reported to therm by the Army Provost patrols acting under my orders.