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.
In future, the leaders of those units where acts of indiscipline and offenses against the rules of the road, in particular excesses against the maximum speed limits, recur too frequently, will he called to account by me for having failed in their duties. I shall punish, and if necessary remove from their posts, those unit leaders who fail to give their units sufficient instruction and warning and cannot keep their subordinates in check."
Now in this order which is rather voluminous, I wish to continue and refer to page 86 to the compilation of offenses reported, the last three lines in particular, and on page 87 the further measures against lack of discipline, and wish to refer to page 89 to Section 4 "Reserve towards the female population."
"The proper reserve to be observed towards the female population is frequently disregarded."
And the order which, by the way, reflects the attitude of Fieldmarshal. List and shows how the army had to behave -- that is on page 90.
MR. FENSTERMACHER: Your Honor, I request that this question be striken as irrelevant and immaterial. There is a note on page 86 that the offenses so far as discipline are concerned with which Fieldmarshal List was concerned all relates were such minor things as driving motor vehicles without papers and with dim lights and excessive speeds, and that kind of thing. I submit that the prosecution has not changed Fieldmarshal List with any lack in discipline in his subordinate units in these matters. For that reason, they are completely irrelevant and immaterial.
THE PRESIDENT: The Exhibit will be received for such probative value as the Tribunal may consider that it has.
DR. LATERNSER: I will now turn to Document Book II page 15. You will find there Document Li 129 which I submit as Exhibit 128; it is an affidavit by Lt. Col. Faulmueller which compiles the measures for the welfare of the civilian population in the Balkans. I wish to read from the fifth paragraph; it is on page 15, from the 12th Army H.Q.
"In regard to seizures it was ordered by 12th Army H.Q. that only supply stores of the enemy forces, but under no circumstances food stores of the Creek civilian population could be seized."
I then refer to page 16, Section 2.
"2. I know of no cases where food stocks of the Greek civilian population were seized by the troops or by the German commands.
"3. I do know, however, that special measures were taken by the high command of the 12th Army to supply the Greek population with foodstuffs."
I don't wish to read other passages but only wish to point out to the Court in how many varied ways the population was helped, I further beg to refer to these statements under II of this statement which concerned the medical system. I beg to read from the third paragraph on page 17.
II Medical Service Several hospitals were seized by the Army High Command in Attica (above all in the area directly to the North of Athens) for the medical care of German sick and wounded.
According to comments of the Deputy Chief of Staff, these seizures were carried out only in agreement with the Greek government, giving full consideration to the needs of the Greek population and the former Greek armed forces and strictly observing the laws of Humanity. I know that a large block, comprising several hospitals was all the time reserved for wounded and sick of the former Greek forces, and another hospital compound was reserved for the Greek civilian population.
I then refer to page 18 of the document book and beg to read III, Sub-section 2.
2) On the very day of the capture of Athens 12th Army H.Q. placed the town off limits to German troops.
In Athens and its suburbs only such German installations and troops were stationed whose presence in the Greek capital was an absolute necessity for the occupational tasks.
Thus, it was made possible to restore public life in Athens and its environments to peactime normality already after a few days.
"As far as I know the following hotels were commandeered Several hotels are then listed.
I refer to page 19: "The bulk of the hotels was left to the civilian population."
Then I would like to read on page 19, 3: "No German soldier could shop freely in Athens, but under an order of 12th Army H.Q. he had to have a permit in each individual case from the garrison command which issued a restricted number of vouchers. Greek business people were forbidden to sell goods to German buyers without vouchers. Thus a scarcity of the consumers' goods needed by the civilian population was prevented."
I just wish to refer to the other passages of this document but do not wish to read them. Document 27-A on page 23 of the same document book, Exhibit 29, I beg to read; it is an affidavit of Admiral Heye. I wish to read a portion of it, that is from the first paragraph:
In my experience, the population invariably showed itself friendly disposed towards us.
As soon as the distress of the population through hunger was realized after the occupation of Greece, everything possible was done by the Navy Group Commands as well as by the Admiral of the Aegaean to help the population. Our own troops were mainly fed from our own and not from Greek supplies. During numerous conferences with the responsible Supreme Commander of the Army, above all with General FOERTSCH, his Chief of Staff, who was particularly active in this respect, it was attempted again and again to assist. The Greeks working for the navy were given additional rations from German stocks, contrary to regulations, and in spite of some difficulties with the administration.
The remainder I will omit, just read the last:
All measures were made more difficult by the inflation, the lack of transport, above all coastal shipping, and by the mercenary disposition of the Greeks themselves. The black market flourished, and many goods, which came from Italy and the Swedish relief ships which were given all possible help, soon became the booty of the black market instead of benefiting everyone. Even for our own troops the situation became so difficult, that they could hardly buy anything with their pay. I know, that the Supreme Command of tho Wehrmacht and the administration were urged again and again to improve matters, without apparently seeing their way to do so at that time.
On this point I wish to submit Document 33-F on page 25. I submit this as Exhibit 30, an affidavit of Colonel Pfafferott. I wish to refer to its contents without reading a particular passage.
The next document--it will be Exhibit 31, is Document 27-d. It concerns an affidavit of Generalmajor Koerner from which I wish to road from the second paragraph.
"During the period from the 2 September 1941 until the end of the war I was active with the Chief of the Transport system, first as department chief...."
I omit the remainder and read the next passage:
In contrast with peace time, when tho mass of supplies for the Greek people was transported by sea and only in small measure by rail owing to the poor condition of the single track mountain route Salonika-Athens, we were forced, in view of blocked sea-lanes and considerably limited coastal navigation, to transport almost the entire supplies for the troops and troop transports via the Salonika-Athens route.
In spite of the very great improvement of the rail-road performances by construction work on our part, it was rarely possible to ship all requirements, as the damage caused by partisans reduced the capacity.
Nevertheless, food for the Greek population from Hungary to Greece, of which, on the initiative of the Pope, we were notified, by the German Foreign Office, was shipped to Athens on an equal priority with the German military transports.
I then beg to submit Document 34 as Exhibit 32. It is on page 30 of the same document book; it is an affidavit by General Ringel. I merely wish to read the second and third paragraphs.
1.) General Field-marshal LIST, to my knowledge, maintained a particularly sympathetic attitude towards the Greek population. He did not consider the Greeks enemies, but a people friendly towards us, that was liberated from the English occupation. Therefore, they enjoyed his special regard and profound sympathy in particular measure. He constantly tried to organize measures to aid the distressed population, and I repeatedly heard from the civilians on Crete in July and August 1941, that yet another grain boat had landed on the mainland, which was to be ascribed to his initiative.
2). In July or August 1941, he decreed a general amnesty for those Cretans, who had taken up arms for the freedom of their country during my presence on Crete, until the 17 September 1941 not a single act of sabotage or any aggressive action was recorded.
The affidavit is made by Julius Rinkel General of the Mountain Troops.
Document 120 submitted as Exhibit 33 is on page 31; it is an affidavit of a Dr. Drexler, a physician, of which I wish to read the fifth paragraphs.
"Field Marshal List was to us soldiers the model of a first rate commanding officer and of a kind-hearted superior. He disagreed with many of the NSDAP methods. He kept himself absolutely neutral and...." loyal in all matters concerning the Jews in Vienna as well as in the occupied foreign territories. If he had issued orders for reprisals against the Jews I would have been bound to know about it. F.M. LIST was a staunch Christian and a great Church-goer. His attitude towards his military subordinates was benevolent and just. In matters of jurisdiction concerning his own troops as well as the civilians population he had the reputation of the proverbial just and kindhearted officer.
His good care for the Balkan population was generally known. All shops remained open even after the German troops had marched in. F.M. LIST had given strict orders that every German soldier must pay for all his purchases. He forbade officers and soldiers any kind of luxury in the way of food and drink with special reference to the poor food situation of the population, although there was no sign of food shortage in the better-to-do circles of the Greek population. I have never heard of any indication of bad treatment of the population, on the contrary, on several occasions it was stressed that the German soldiers were to behave decently under special emphasis of the fact that the Greek army had put up a brave fight.
Document 76 I beg to submit as Exhibit 34. I beg your pardon, it is 7-B and not 76 as first stated. It is 7-B submitted as Exhibit 34; it is on page 34 of Document Book II. It is an affidavit of General Foltmann of which I wish to read the fifth paragraph because it illustrates the attitude towards the civilian population which precludes such a clan as asserted by the prosecution.
He showed his own personality in his political attitude. He always prevailed on his own standpoint towards the Party and he has never been a Party-satellite. He took special care that the Party offices did not interfere in matters concerning the troops, and when this happened he was not afraid of fighting against it and to stand definitely for his subordinates in cases of Party transgressions without regard to his own person. In matters referring to the Church he made no concessions to the Party either. He was deeply religious himself and he took care that the troops under his command had proper clerical care."
I leave out the next passage and road from the following passage:
He showed greatest kindness towards the Greek population. He strictly differentiated between measures necessitated by the war and his duties to look after the population. Field Marshal LIST insisted on it that his troops kept on the best of terms with the inhabitants and he demanded that the troops should assist the population in every possible manner e.g. with serving out public meals, assistance in agricultural matters, medical care, and care for the refugees who had fled from the Bulgarians who had crossed the Tracian border. Special orders were issued to the troops concerning the preservation of all monuments of cultural value in the Greek area ..
The next document submitted -- yes, I am finished.
MR. FENSTERMACHER: Your Honors, I would like to read one short sentence from the third paragraph on page 34. Speaking of Field Marshal List, the affiant says:
"He was not given to making any rash decisions. Everything he did was well deliberated."
DR. LATERNSER: I now wish to turn to Document 113, submitted as Exhibit 33. It is in Document Book II on page 37. It is an affidavit of a chaplain, Johannes Ferber. I beg to read from the third paragraph:
"On the strength of my personal experiences I can give the following account of the facts relating to the protection granted by Field Marshal List to the time-honored Athos monastary-state:
"I took part in the campaign against Greece in the spring of 1941 as an ordinary medical sergeant. As a Catholic priest I thus had a neverrecurring opportunity to observe and study the life and culture of the Greek Church and particularly of the Greek monasticism. Already during the early days of the campaign I had the secret desire to visit the Athos, if possible."
I now omit for the sake of brevity the following, beginning with the last sentence on the bottom of page 37: "My plan was favored by the fact that my former platoon leader was the mess-officer of the Regiment. Because of my friendly relations with him I could venture to initiate him into the schema. He told me that I would not get through because List had forbidden to enter the Athos and had assigned troops for its protection. "In spite of this I then set out with one of my friend's supply trucks. But shortly afterwards I learned by personal observation in the course of my fictitious duty trip that it was impossible to get through."
"The reason for the prohibition mentioned was in my opinion based on the idea to protect venerable cultural objects from the incon-siderateness of the ordinary trooper."
I conclude the reading of this document and now submit document 27h as Exhibit 36. It is on page 39 . It is an affidavit by General Krakau of which I wish to read only a short passage. It is the last third of page 39:
"As to Field Marshal List's personality, I make the following statement:
"I have known Field Marshal List since the fall of 1934. Field Marshal List passed among us for a strong personage who, we were convinced, brought his will to bear also on the higher echelons, with the force of his entire personality, down to the last private we had, therefore, the fullest confidence in him. Field Marshal List's whole personality makes it improbable that in his actions he was taking into consideration the favor of the Fuehrer or of the Party. As an example for his attitude towards occupied Greece I point out:
"When Field Marshal List visited the Regiment in Crete I asked him to grant the units an occupation allowance, to enable the soldiers to buy some more olive oil, raisins and tobacco. Field Marshal List immediately declined to do so, arguing that he had to care not only for the troops but also for the Greek population. He had to avoid anything that might lead to an inflation with all its consequences in the interest of the welfare of the Greek population even at the expense of the well being of the German troops."
That finishes this document.
Document 47 I beg to submit as Exhibit 37. It is on page 41. It is an affidavit by Dr. Schaeffer. I wish to read on page 42 a passage from this statement. It is on page 42, the first sentence:
"His intervention in the veterinary field, for the maintenance of dairies and other milk-producing establishments and slaughter houses for the civilian population; his interest in the combatting of animal diseases by civilian veterinaries; no requisitions of horses in the country on the part of Army Headquarters 12."
Now the last passage:
"During the eight years of my being under the command of Field Marshal List I have come to know him as a man of such noble, decent character, kindness of heart and paternal care that I do not believe him capable of committing war crimes or crimes against humanity."
I further beg to submit Document 163 as Exhibit 38. It is on page 43. It is an affidavit of the former army ordnance officer, Switlik. I am reading from the third paragraph:
"His political attitude" -
MR. FENSTERMACHER: Your Honors, I object. This is concerning the Field Marshal's attitude when he was commanding an army in Poland. He hasn't been charged with any acts resulting from his activity when he was an army commander in Poland.
DR. LATERNSER: Your Honors, I am just about to prove the attitude displayed by Field Marshal List in his relations with the civilian population of the occupied territories, thus proving that such a plan as was alleged by the prosecution has never existed. The next paragraph deals with this attitude as displayed by Field Marshal List and I therefore beg you to accept it.
THE PRESIDENT: The exhibit will be received.
DR. LATERNSER: His political attitude became clear to me when on the occasion of a parade in Warsaw on the anniversary of the occupation of Poland he publicly reprimanded the then Governor Frank. At that time it was feared at the staff that, like Blaskowitz, List would fall in disgrace.
"In the occupied territories, especially in Greece, List was also esteemed by an popular with the population as I could see from various remarks made by the Greeks. His efforts to improve the food situation in Greece were well known. In cultural matters, his furthering of the Athens philharmonics, whose performances he attended, is especially known."