MR. FULKERSON (Interrupting): I would like to object to this document on an entirely different ground. The perusal of it will show you that it is intended merely as an analysis of the defendant List's character, with his various virtues and so forth, and is a general dissertation on what a fine man he is. Now the rule, as I understand it, regarding character of testimony is that the witness can only testify that his reputation is good or bad. He is not supposed to go into a detailed analysis of various incidents or particular virtues which the defendant may possess, as this affidavit and various others do, and I would like to object to it for that reason.
DR. LATERNSER: May it please the Tribunal, in my view it is one of the most salient points to prove what kind of a man List was.
THE PRESIDENT: What is the document? You have not identified the Page number.
DR. LATERNSER: It is page 64 of Document Book II. It is one of the most vital evidence of the whole case and it is the task of the defense to present the qualities of character of the defendant.
THE PRESIDENT: Dr. Laternser, pardon me. Under our American procedure and the rules that would guide us in our American courts, an affidavit of this character or testimony of this character would not be admissible. However, not being familiar with the procedure in Germany or as to whether or not such testimony would be admissible in a German court, it is the judgment and ruling of the Tribunal that they would rather err, if it is an error, in favor of the defendants, and for that reason the objection will be overruled.
DR. LATERNSER: It is an affidavit by Generaloberst retired Wilhelm Adam. The second paragraph: "My last military post has been that of Commander in Chief of Army Group 2, from 1 April 1938 until the middle of October 1938, when I went into retirement. During the war I have not held any military or other position.
"Herr Dr. Laternser has requested me to make a declaration about Field Marshal List. It gives me great satisfaction to comply with this request, because List, whose sad fate touches me most deeply, is my oldest and best friend. I have known him for almost 50 years. Together we spent our time as young lieutenants in the Bavarian Engineers' Corps, together we were officers in the General Staff, and later our high military posts brought us together frequently. I believe therefore that I am able to give a good picture of this man." I shall omit the next paragraph. "He is one of the most clean-minded and self-denying men I have ever known. I do not believe that this man, whom I really would like to describe as an anima candida has ever done an injustice to anybody in all his life.
"Humanity, benevolence and kindness were more to his heart than severity, and whenever he was forced to exercise this he himself suffered most under it."
I shall omit the next paragraph that is on page 65, and proceed:
"His superior officers esteemed him for his talents, his assiduity, his clean character and for his outstanding probity.
"List has reached the peak of his career in our profession not through anybody's favor, not even in the last stages, but through his predominant mental and characteristic properties."
I shall omit the next paragraph and proceed:
"When Hitler came into power, List was doubtlessly opposed to him and to his regime, the same as most of the other generals. Intrinsically he has doubtlessly remained in this attitude to the last. And I know from my own experience of the conflicts arising in his soul from the discord of his intrinsic opposition and his soldierly sense of duty. He suffered Hitler like something imposed upon us by fate."
I shall now omit the next paragraph. "His retirement - at the end of 1942 - must certainly have alleviated his feelings. From his quiet nook in Garmisch he watched the development of events with fear and apprehension."
The next document I beg to submit is an affidavit of General von Kress, that is List Document 109, to be Exhibit 111. It is on page 78 of Document Book II. I shall omit the first paragraph and proceed with the first sentence of the second paragraph. "I have known Field Marshal List for many years." I shall now omit the remainder and proceed with the third paragraph: "I have come to know List as a straightforward and upright man; he is known as such in the whole army. He never made a secret of his opinions and regardless of the opinion of others he proceeded on the path which he considered the right one. This alone reveals the fact --".
MR. FULKERSON: I object to this document because as far as I am able to tell it is not made either under oath or declared to be a statement that is true in lieu of oath, as the others have been.
DR. LATERNSER: The statement is authenticated by the Notary 10 in Munich, and it contains an affidavit of Notary Office 10 in Munich.
MR. FULKERSON: It is proven that the signature is authentic, but there is still nothing here to indicate that this was made under oath or that this man considered himself to be bound.
DR. LATERNSER: If counsel for the prosecution had only read the first sentence he would have known that it is an affidavit.
THE PRESIDENT: The first sentence indicates that the affiant was conscious of the significance of this statement, and under the circumstances the exhibit will be admitted.
DR. LATERNSER: I shall read from the third paragraph:
"I have come to know List as a straightforward and upright man; he is known as such in the whole army. He never made a secret of his opinions and regardless of the opinion of others he proceeded on the path which he considered the right one. This alone reveals the fact that on no occasion did he try to ingratiate himself with the ruling National Socialists. He absolutely repudiated the monstrosities of National Socialism and advocated at any time the old and tried German officers' standpoint which became clearly apparent in all his character.
As I personally had been removed by Hitler from the Army on 4 February 1938 because of my negative attitude towards National Socialism, my judgment in this connection would seem to carry special weight. As Commander of a Division I found in my Commanding General List a man with whom I could freely and frankly talk about my views with regard to the Hitler system and whose opinions were absolutely identical with mine. After the 4th of February 1938 he certainly did not stay in his profession in order to win, by the grace of Hitler, honors and decorations, but merely out of his passion for his calling and in order to serve the good cause even under conditions rendered so much more difficult. The elevations in rank and title he did not aspire to, but he rather accepted them, for, the wider his sphere of activity and his influence in military matters became, the more was he enabled to serve the good cause. List was by no means a product of Hitler's protection, he owes his rise exclusively to his military efficiency and reliable personality, which is likely to have impressed Hitler too." I shall now omit the first part of the next paragraph and proceed from the last quarter of the page: "Just put yourself seriously and unprejudiced in the situation of these officers. They are not criminals, but, on the contrary, tried to combat the crimes which were systematically being brought into their realm by the National Socialist regime. Under such circumstances they cannot in justice be held responsible for all occurrences in their sphere of command." According to my observations, List has a deep-rooted religious disposition." I shall omit the next two sentences. "List put no obstacles in the way of the Wehrmacht chaplains, as it was desired higher up; on the contrary, he supported them with all his power.
"In connection with the question of religion I come to List's attitude towards the Jews. He, of course, like any decent and reasonable human being, deeply abominated the persecution of Jews. Except for the National Socialist leaders, at that time no one in Germany thought of a persecution of Jews at all; the activities of a man like Streicher were everywhere considered with contempt.
I thus cannot imagine that, when during the war the persecution of the Jews was ordered, List had anything to do with it."
I shall omit the last paragraph. Signed, "Freiherr v. Kress."
The next document offered is List Document 23, to be Exhibit 112 on page 67 of Document Book II. It is an affidavit of General, retired, Franz Halder. I shall read from the third paragraph.
"I have always known the former Field Marshal List to be a typical representative of the Bavarian officer of the old school, animated by the ideals of his calling and deeply rooted in the principles of an honorable and conscientious German soldier." I shall omit the next sentence and proceed with the ultimate sentence. "Even in front of Hitler without regard to his own person I saw him maintain his opinion as, for instance, in the question of methods of fighting in the Caucasus. This resulted in his being recalled. Next page:
"Seen from political angles, I have known List to be the typically non-political soldier of Seekt's school. Even before the 'coming into power', he was rather critically disposed towards Hitler and his party and, during his activity of Commander of the Dresden Infantry School, he energetically counteracted the sympathies for the movement which were perceptible in the circles of the cadets. His rejecting attitude, in my opinion, was not directed against the program of the party but against the spirit represented and fostered by Hitler and his party, this spirit being alien to the honorable and old profession of soldiers.
"I have never heard Field Marshal List making any remarks against the Jews, but, on the contrary, he expressed the most severe condemnation of the fighting methods of the party in combatting the Jews.
"As regards bis religious attitude, I know that List is a confirmed Christian."
I shall omit the next paragraph. "In his troops Field Marshal List kept an iron discipline and, as far as I was able to observe, the great respect he enjoyed in the ranks helped him to attain his aims everywhere. All non-military influences which intruded upon the compass of his military responsibility he combatted with all the means at his disposal." I shall omit the last paragraph. Signed, "Franz Halder".
My attention has just been drawn to the fact that in reading the first paragraph on page 68 I made an error. It is the first sentence of page 2, on page 68; "Seen from political angles, I have known List to be the typically non-political soldier of Seekt's school."
The next document I beg to read is List 134, to be Exhibit 113. It is on page 70 of Volume 2, Document Book II. It is an affidavit of General Konrad. I shall read from the third paragraph:
"I am only obeying the dictates of my conscience if I declare that Field Marshal List, for the officers and soldiers of the former German Army, was one of those personages of our corps of military leaders who are most worthy of reverence and this primarily for the reason of his humane attitude."
I shall omit the next sentence and the next paragraph and proceed with the ultimate paragraph of the page:
"In the Polish campaign, for instance, he has a high officer meet and conduct in a sympathetic and gentle manner the Polish Commander whose army he defeated and whom he took prisoner.
"When he learns during the Polish campaign that agents of Himmler's are working in the area of his command and that they are treating the Polish and Jewish population with arbitrariness and duress, he at once interferes with severe orders and exhorts the army corps under his command to have a sharp eye on their communication zones. He has the agents of Himmler's brought before a court martial and with the whole weight of his personality he tenaciously insists on their criminal prosecution."
From the next paragraph I only wish to read the last sentence:
"The discipline of the Army of the Field Marshal as regards the inhabitants of the country stands on the highest level and is continually superintended by him.
"In the same manner as in the Polish campaign I saw the Field Marshal in the French war. No Frenchman ever raised a word of complaint against this noble, chivalrous and kind man; even the French Government did not protest against the conduct of his army. I know that, by his benevolent behavior, he gave human happiness in the dreariness of war to quite a number of Frenchmen who were in distress."
I shall omit the remainder of this page and wish to read from page 72 from the second paragraph:
"He did not bow to the military demands of Adolf Hitler. Just as he shielded the Polish and Jewish population in the Polish campaign, so he shielded here in Russia the life of his own men with unequalled responsibility. Hitler demanded from the Field Marshal an attack operation which could never result in reaching the desired goal and which foolhardily jeopardized valuable units of the army.
"The Field Marshal refused to carry out the operation. He took upon himself all responsibility and stood protectively before his subcommanders. He was dismissed and had to suffer the bitter lot of not being able to help his nation in its most difficult time."
I shall now read the last sentence of this affidavit;
"But if this man was compelled to issue harsh orders and to take severe steps, contrary to his wishes and disposition, then there are also coercing pre-suppositions due to the conduct of the war by the Balkan opponents."
The next document I wish to offer is Document List 162 to be Exhibit 114. It's on page 65 of Document Book 3. It's an affidavit of the former ambassador Von Papen. It's not #162 but, correction, 162A to be Exhibit 114. I shall read from the third paragraph:
"1. In the summer of 1937 General Field Marshal List as the leader of a German military commission to Vienna for the Prinz Eugen memorial festivities; was my guest at the German consulate in Vienna.
"On this occasion we had a personal conversation about the disquieting aspects of the Hitler regime. General Field Marshal List on this occasion clearly expressed his negative stand with respect to all political steps which could lead to war, as well as methods of the NSDAP which were to serve the purpose of uniting Austria with the Reich through force.
"2. When after the occupation of Greece in 1941, the Apostolic Delegate for Turkey, Msgr. Roncalli asked me to support his trip to Athens as ordered by the Pope as well as his negotiations, I forwarded his request to General Field Marshal List with my recommendation.
"Msgr. Roncalli, now apostolic Nuntius in Paris, expressed his gratitude to me after his return from Greece because General Field Marshal List had facilitated his mission in every possible way. The Field Marshal had shown complete understanding for the religious questions and had assured him of all support."
The next document I wish to submit......
The next document will be Exhibit 115. It's Document 161. It's on page 121 of Document Book 2. It's an affidavit of Count Abensperg. I shall read from the fifth paragraph, the last paragraph, of page 121.
"I have known Field Marshal List since 1943 and have met him and spoken to him several times at social meetings and hunts; he was even once my guest at such an occasion.
"At these meetings I have never talked to him about politics, as I knew already at that time that the Field Marshal, on account of his political disagreements with Hitler, practically no longer played a role.
At that time it was here a generally known fact that he was an absolute opponent of the Nazi ideology and that the Field Marshal had the reputation of being of impeccable character, of being an officer of the old school and an honorable gentleman from top to bottom. I remember, however, that he, on the occasion of our meeting, once or twice made disapproving remarks about the methods of the NSDAP, especially about their shameful methods concerning religious matters and the Jewish question; but as I do not remember details I am not able to repeat these statements literally. I know, however, and this can be affirmed by many persons of this place that there was constant talk about his having been already relieved from his post as military commander at that time, because he rejected tho manner of warfare propagated by the NSDAP and the Military Governments in the Occupied Territories and because he was one of these generals who were disliked by Hitler for their uprightness and because they were no willing tools."
The next affidavit I wish to offer is Document List 164, contained in Document Book 3 on page 67 and it's to be Exhibit 116, an affidavit by Hans Schweiger. The number has been altered to 164A. It's on page 67 of Document Book 3. I shall read from the third paragraph:
"I was not a member of the NSDAP or of its organization nor a candidate for membership and as soloist at the Vienna State Opera I was deferred from military service."
I shall read from the last paragraph:
"As soon as he entered his service in Vienna, Field Marshal List and his family and we became very close not because of our blood relationship but because of genuine friendship which resulted from the same spiritual and cultural interests, from the really 'Austrian' attitude towards life displayed by him and his family and last, but not least, through our identical political attitude.
"With regard to the latter, I well remember a wonderful remark by Frau List, which she made to my wife and me in the first days of her Vienna stay: 'We were so afraid that you might be Nazis.'" I shall omit the next paragraph and shall read the last paragraph.
From the middle paragraph I should like to read the second part:
"And that is how I know, that he hated National Socialism because of its inner and outer falsity, that the suppression of other persons of other opinions and the inhumanity of the persecution of Jews aroused him to anger and that he was only able to look at the German and European future with a heavy heart."
Now I turn to the last paragraph:
"His interest in music and especially his love for Mozart were extraordinary. I do not believe that there was one performance of a Mozart opera at the State Opera which he did not attend. The members of the Vienna Philharmonic expressed their gratitude for his enthusiasm for the Vienna Philharmonic and his really friendly relationship with them, by presenting him with the 'Philharmonic ring' which is only given in very rare instances."
I shall omit the remainder of the page and shall just read the last sentence:
"He feared and despised nothing more than war and during the days of Godesberg, when he and his family were with us on the Attersee, he spent sleepless nights.
"In his letters to me there are sentences which in their simplicity testify to a knowledge of the true values of our being and which are documents of highest philosophic spiritual attitude."
The next document I wish to submit will consist of affidavits originating from his co-workers. It will be List 25 to be Exhibit 117. It's to be found in Document Book 2 on page 94. It's an affidavit by major, subsequently colonel, Hepp of which I wish to read from the third paragraph:
"During the course of the 1 3/4 years that I served with the 12th Army High Command Staff I came into personal contact with Field Marshal List at many official and unofficial functions. I recognized in him a man of general culture and knowledge whose actions were motivated by the basic principle of Western Philosophy."
I shall omit the next sentences.
THE PRESIDENT: Pardon me. For the record I believe it should show that this is Document 25 and I believe you made the statement "125".
DR. LATERNSER: If it please the Tribunal, it is 25, Document 25. In the German document book, it's #25. There must have been a mistake in the English copy. I regret that was beyond my sphere.
THE PRESIDENT: Unfortunately, you made the statement, as I understand it, "125."
DR. LATERNSER: I beg the Tribunal's pardon.
THE PRESIDENT: I want to place the responsibility at the right place, Dr. Laternser.
DR. LATERNSER: I had just read from the middle of the page and shall now proceed with the last quarter below:
"Field Marshal List was known for his extraordinarily meticulous qualities when exercising his functions as a judge. This was especially evident from the care he took with the verdicts put before him for a decision."
I shall now turn to page 95.
THE PRESIDENT: Pardon me again, Dr. Laternser: I wish to apologize to you. The error was not your error.
DR. LATERNSER: I shall now proceed with page 95 top:
"However, I also remember that Field Marshal List did not hesitate to approve verdicts imposing very severe penalties for excesses such as looting, rape, etc., committed by German soldiers against the civilian population of the occupied territories. Some cases of this kind which occurred during our France Campaign in 1940 are still in my my memory.
"Field Marshal List was held in high esteem by all his subordinates. Apart from the fact that they respected his great military capabilities and his blameless personal life, the respect was also founder on the fact that he had proven innumerable times that he lavished care particularly on the simple soldier, of whom, and I remember various cases personally, he was very fond.
"Field Marshal List was especially respected by the staff closely associated with him because he stood for his opinions in a truly manly way even where higher authority was concerned, he stated his point of view without endeavoring to make it palatable, and neither did he shrink from stressing his opinions of orders given by superior authority if they happened to differ from his, by making critical remarks about them if necessary.
"His attitude towards the civilian population of the occupied territories demonstrated the responsibility which he felt as the executive authority, not only towards the German people and the German Wehrmacht, but, in particular, towards the said population."
I shall now omit some sentences and shall read the last sentence:
"I particularly remember one instance that happened in Greece. In the summer of 1941, a deputation was sent by the inhabitants of Ellenike, a suburb of Athens which reported that the Luftgaukommando in Athens had ordered that the villages be vacated immediately and the houses be dynamited in order that an aerodrome situated near the village be enlarged. General Field Marshal List took immediate action; he first of all managed to postpone the actual date of vacation and the blowing up operations, and, as far as I can remember, managed by negotiating with the HG of the Luftwaffe to get a concession from them which resulted in a curtailment of their original plan."
The next document I wish to offer is List 33 E to be Exhibit 118 in Document Book 2 on page 86.
THE PRESIDENT: We will adjourn at this time, Dr. Laternser, before you commence the reading of this document and you can continue after our noon recess.
The Tribunal will be in recess until 1:30.
(A recess was taken until 1330 hours, 7 January 1948).
AFTERNOON SESSION
THE MARSHAL: The Tribunal is again in session.
MR. FULKERSON: We seem to be faced with a crisis as of tomorrow noon, according to the latest estimated time. Before the holidays the Court asked the defense how long they estimated that it would take them to finish putting in all the evidence they had. That is the witnesses they had left over, the documents, etc., and after a consultation the answer was that it would take about one week and a half. Of course, the prosecution was interested in knowing that from its own point of view so as to have some idea as to when it was to begin its rebuttal. Now, I understand from defense counsel that as of about noon tomorrow they're going to be out of evidence. That is to say, that for one reason or another they will not be able to go on further. Now, they want us to begin the rebuttal as of that time. Well, there are vast objections to that. One of them is that it certainly makes for a disorderly procedure, even if we do what they ask, for us to begin rebuttal and then, after we have finished our rebuttal, for them to recommence putting in testimony which may or may not necessitate an additional rebuttal, and also our own evidence is not completely prepared yet. In other words, we relied on the estimate that was made that it would take them about one and one-half weeks to finish and the only suggestion that I can think of offhand is that if we are to have a recess, as the Court has indicated we would, that we have the recess beginning as of whatever time the defense runs out of testimony or runs out of evidence now, then resume, go ahead, finish the testimony and then commence immediately on the closing statements. That's the only way I can see out of the difficulty.
THE PRESIDENT: May I inquire of Dr. Laternser, as representative of the defendants and the counsel here, as to why and what is the occasion for this delay? We have indicated to all parties concerned that the Tribunal was very anxious to proceed in a regular and a continuous manner and any delay at this time will not be particularly gratefully received by the Tribunal.
DR. LATERNSER: Your Honor, might I make a brief statement about this? First of all, it isn't absolutely certain that there will be a delay because following my presentation of documents by colleague, Dr. Menzel, will continue with the presentation of documents for the defendant Kuntze. Then there still remains the following evidence for defense. The majority of the defense counsel has already presented the majority of its documents and the rest are with the Translating Department as I found out yesterday and, therefore, it is quite possible that by tomorrow perhaps one or the other set of documents for one or the other defense counsel will arrive so that, therefore, there will be no postponement. I also know that my colleague, Dr. Gawlik, has asked for three witnesses and two of them are ill and the other one has already been on the way to Nurnberg for about two days. If this witness arrives here, then the witness can be examined tomorrow when Dr. Menzel has finished presenting his documents.
We defense counsel have always tried to avoid a postponement, if possible, and at this stage of the proceedings we are endeavoring to prevent it as far as possible within our power.
With regard to the suggestion made by the prosecution that the recess should be taken now before the rebuttal, if the Tribunal decides so, then, of course, but in that case the defense would not be able to take into account during the recess the results of the rebuttal and if such a thing takes place it will have disadvantages for the defense.
It is a very difficult situation from which, at the moment, I can't see any way out. I think that, first of all, we must wait because, in the meantime, the translations and the witness may possibly arrive here.
THE PRESIDENT: May I inquire as to whether or not all of the documents that are going to be presented are in the Translation Department or in the Reproduction Department for attention?
DR. LATERNSER: Your Honor, I discussed this question yesterday with my colleagues and I was told that everything had been handed in. All material has been handed in.
THE PRESIDENT: And do you know as to of what date the last documents were handed in?
DR. LATERNSER: Unfortunately, I can't say, Your Honor. Mr. Rapp has just told me that some were handed in yesterday, but I don't know. This often depends, Your Honor, on the fact that the documents only arrived very late and then can only be handed in at the last moment if the defense counsel thinks that these documents which arrived late are important.
THE PRESIDENT: I shall endeavor to see what I can do in connection with hurrying it along.
I think all counsel should be conscious of the fact that there must be a cutting off spot somewhere and we could wait for documents and you could probably get an innumerable large number if you just sought to get them, but we'll have to stop somewhere. We have been in the trial of this case now for some seven months or approximately that. It will be by the time we complete it and surely, during that period, you could have obtained all the documents that are material and are necessary.
I shall endeavor to see what I can do to hurry the translation of these documents and their reproduction.
DR. LATERNSER: We would be very grateful, Your Honor, if you would do this and I can only assure you once more that we defense counsel always did our very best and we are still doing our very best, in spite of the late arrival of documents, etc., to avoid a postponement of the proceedings.
Then, when could the prosecution begin with the rebuttal?
MR. FULKERSON: If it please Your Honors, we could begin by next Wednesday, that was the date that was indicated by Dr. Laternser before the holidays.
DR. LATERNSER: Your Honors, the statement made before the holidays that we would need another one and a half weeks was only an estimate and I expressly stated that it was only an estimate that it would last that long. 8515
MR. FULKERSON: A day or so won't make any difference to us, if your Honors please one way or other but the difference of a week does, of course.
DR. LATERNSER: Well, I only see a difference of about half a week which can be explained by the fact that Dr. Gawlik has asked for three witnesses and in the meantime he has found out that three are sick and one is on the way.
THE PRESIDENT: I think it should be kept in mind that in my office yesterday Mr. Fenstermacher and Dr. Laternser both indicated, or Dr. Laternser indicated, that it would take a week and a half. Perhaps, there has been some additional information that has now been brought to your attention that it would not take that long but that is the statement that was made yesterday. Am I correct in that assertion?
DR. LATERNSER: Yes, your Honor.
THE PRESIDENT: Well, we will keep going. Let's keep in mind that this is a trial and, although the Tribunal is desirous to cooperate and not to be harsh in its rulings, yet we must see that the time is utilized and I again want to say that if the documents are not in the process of translation or reproduction, the Tribunal will probably not find it possible to take any recess so that documents coming in now at this late date can be presented.
DR. LATERNSER: Your Honors, I have already stated that all the documents which have arrived here already been handed in and I am still waiting for the statement from the French commander.
THE PRESIDENT: The Tribunal will rule on such emergency matters as circumstances may require but the Tribunal also feels that the defense should close and will be required to close their case before the prosecution is required to put on its rebuttal. That would be the orderly way and the proper way and, with that in mind, we will continue with your proceedings here today. Now, if you have any evidence that is material you will have to have it ready for the Tribunal at such time as the Tribunal can receive in its orderly way.
DR. LATERNSER: Thank you, your Honor.
Your Honors, this morning I already indicated to the Tribunal that I am still waiting for statements from the French commander because I want to present them together with the statements from the American commander. I will make representations again today by the French authorities so that I get the statements as soon as possible.
DR. SAUTER (Counsel for defendants von Geitner and Lanz): Your Honor, with regard to this complex, might I make a certain suggestion? It is the suggestion the fulfillment of which would be in agreement with the wishes of the defendants but would lose no time for the Tribunal.
Let us take -- for instance, let us assume that these witnesses wouldn't arrive and that tomorrow is the official end for the presentation of evidence for the defense. Then probably the Tribunal would be able to do nothing else than to conclude the presentation of evidence for the defense tomorrow and then on the following Wednesday -- that is in eight days time -- begin the prosecution rebuttal.
Now, we realize, of course, that until now the Tribunal has always showed great understanding for the defense but on former occasions I have already pointed out the many difficulties we have to cope with and now I am saying the following to myself:
If the prosecution cannot start tomorrow with its rebuttal then, as I said, the Tribunal can do nothing else than to bring in a recess of a week. I think it would be better and would perhaps be more expedient to the Tribunal if in that case the proceedings continued not next Wednesday when the prosecution starts rebuttal but on Tuesday and then on Tuesday the few documents which are still remaining or which are not yet translated could then be presented before the prosecution starts its rebuttal on Wednesday. In this way the Tribunal would lose no time and it would perhaps help many a defendant and defense counsel in this way.
Your Honors, I do not want it to happen that after such a long trial in the end one or the other defendant has the feeling that this or that important document was left out and I would like the Tribunal perhaps to think this idea over.
In this way no time at all would be lost.
THE PRESIDENT: The Tribunal will give consideration to your suggestion. There is probably something that may be worked out along that line in keeping with your last statement and suggestion.
The Tribunal also wishes and hopes that it has always kept in mind, that nothing will be done on their part which will cause the defense counsel or any of the defendants to feel that they have not had a fair and impartial trial.
DR. SAUTER: Thank you, Your Honor, very much.
THE PRESIDENT: We will pass this matter for the time being and see. Time usually heals a lot of sores and solves a lot of problems.
DR. LATERNSER: Your Honors, may I continue?
The next document, I would like to submit is List Document No. 21-A. This becomes Exhibit No. 119. It is contained in Document Book II, page 83. I am sorry -- Document List 142, Exhibit No. 118, I had not yet read. I would like to do this now. It is contained in Document Book II, page 119, List 142, Exhibit No. 118, Document Book II, page 119. It is an affidavit by General Serini. I am sorry; I have made rather a mix-up here. The last document which I offered under Exhibit No. 118 was List Document No. 33e in Document Book II, page 86. This is an affidavit by a former collaborator of Field Marshal List's Colonel Pfafferott, and I would like to read from the third paragraph onwards:
"Field Marshal List was too correct to make any comments during the Third Reich in regard to his attitude to the Party in front of subordinates. However, it was possible to draw conclusions from certain indications. He never defended the Party or advocated its principles. In 1940, he had a violent clash in the GovernmentGeneral with Frank, provoked by the high handed behavior of the latter. It was known that the Field Marshal was not held in esteem by the Fuehrer because of his righteous attitude.
This led to the fact, much commented on in professional circles, that the Fuehrer had no thank, no reward, not a word nor a gesture of appreciation for the Field Marshal at the end of the Balkan campaign. Field Marshal List passed over the Jewish question with eloquent silence. His rejection of the Nurnberg Laws as well as his positive attitude towards the churches were common knowledge among the members of the Staff."
And then I turn to page 87 and read the second paragraph from last:
"The C.-i-C.'s sense of justice was almost proverbial. The judge-advocate always had long discussions before he got his sentences confirmed. Especially before confirming a sentence of death the Field Marshal used to take long counsel with himself, so that sometimes even important reports had to be put off."