"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."
The next document is List Document No. 120a and this becomes Exhibit No. 119. This is contained in Document Book II, page 83. This is an affidavit by Hermann Haack. I would like to read from the middle of the second paragraph onwards:
"During the campaign in Poland I was intendant-in-chief of the 14th Army, during the campaign in France intendant-in-chief of the 12th Army, and during the campaigns in the Balkans intendant-in-chief of the 12th Army and intendant-in-chief with the Commander-in-Chief of the Wehrmacht Command Southeast. In all these assignments Field Marshal List was my direct superior."
I will only read the last sentence from the next paragraph:
"My opinion is based on a knowledge of his personality of ten years' standings."
Then in the next paragraph I start in the middle:
"In my opinion he was fundamentally unpolitical and just a soldier. His attitude towards the Party was not a favorable one. The ways of the Party with its ostentation of militaristic pageantry were repulsive to him. He was annoyed about the frequent insulting and provocative treatment of the army officers and the obvious favoritism shown to Party supporters especially when they were too young for the tasks assigned to them, as was often the case. I am convinced that he was at heart an opponent of the Party and his only motive for not quitting the service probably was his desire to prevent the Party from corrupting the Army without let or hindrance.
He attached great importance to the population of the enemy country being well treated. I remember that on one occasion when he discussed the famine.
I skip the next paragraph and read from the last paragraph onwards, the last paragraph on this page:
"He attached great importance to the population of the enemy country being well treated. I remember that on one occasion when he discussed the famine in Athens with me he warmheartedly expressed his intention to counter it as far as possible.
He also encouraged the troops to give the population hand outs from their field kitchens.
"Very soon after taking over as Commander in Chief of Army Group 5 in Austria, Field Marshal List managed to inspire the same high esteem and veneration which he enjoyed with the troops both in the civilian population and the civilian authorities which had dealings with the Army Group."
And now I read the very last paragraph:
"It would be incomprehensible to anyone who knew Field Marshal List but slightly, if he were charged with cruelties against the population of the enemy country or other crimes against humanity."
My next document is Document List 142. This becomes Exhibit No. 120. It is contained in Document Book II, page 119. This is an affidavit by another immediate collaborator, General Walter Serini, and I am going to read from the second paragraph onward:
"From 7 November 1939 until 5 May 1942 I was First Adjutant to the XII Army, first as Lt. Colonel and from 1 October 1940 on, as a Colonel.
"Field Marshall LIST's attitude towards the N.S.D.A.P. was very critical. He had unfortunate experiences with the SS in the Polish campaign, about which he spoke bitterly.
"Field Marshall LIST and his immediate staff all held a thoroughly tolerant attitude towards the Jewish question and towards the Church. From his headquarters in Mayen Field Marshall LIST had active connections in winter 1939/1940 with Abbot ILDEFONS of Maria Laach, as he found a kindred spirit in this very cultured man. In the summer of 1941, he discovered in Athens a high dignitary of the Roman Catholic Church, in the person of the Papal Delegate for Turkey and Greece, who held the same views.
And then I turn to the next page and read from the second paragraph:
"When using his supreme judicial authority, Field Marshal List sought my cooperation in almost all important cases connected with the misdemeanors of soldiers because in his scrupulous conscientiousness he was not satisfied with the departmental competent expert opinions of the Army Judges but he also wanted to take into account the views of a soldier who possessed experience of the front in the second World War and the Army Judge had to put up with this whether he liked it or not."
I skip the next sentence and continue:
"Field Marshal List had no indulgence towards people who showed a base attitude."
And then I just read from the last paragraph:
"When Greeks turned to Field Marshal List for help, he received them gladly in order to fulfill the requests they put to him."
The next document is Document List 21 and this receives exhibit number 121. This statement is to be found in Document Book II, page 116. This is an affidavit by Army Judge Gruen and I would like to read from the third paragraph onwards:
"Field Marshal List was a soberly and reasonably thinking military commander, and the last thing he would have done would have been to court the NSDAP. I have heard from remarks of his personal Adjutant that he gave the Party people a wide berth whenever he could. As a soldier he did not want to mix in politics more than he could help it.
"He certainly did not agree with the measures adopted against the Jews. On the contrary it was his endeavour to bring the offenders, who had acted against the Jews, to justice. When during the Polish campaign the Jaslo synagogue had been set on fire he sent me there to institute legal inquiries and to bring the offenders to justice.
"Field Marshal LIST confirmed the judgment at once and gave orders for the execution of the sentence of 5 years of prison and loss of rank, which had been passed by a field court-martial of the 14th army under my presidency shortly after the finish of the Polish campaign against two corporals of the air-force, because they had broken into and plundered the houses of three Jewish families."
And then on page 117 I am going to read the last paragraph:
"When making my reports concerning military court cases, which happened frequently and sometimes more than once a day, I have noticed that the Field Marshal knew perfectly well the value of a well functioning military jurisdiction. It was my principle that in a war legal measures once adopted must be quick and energetic and that military jurisdiction acting rigorously with due consideration of the laws and likewise of the military exigencies would have a preventative effect. The Field Marshal agreed with my standpoint. At the bottom of his heart he was not a hard man by any means, although he sometimes had to assume the appearance of being so. The Field Marshal has never interfered in any pending trial and he has never tried to insist on a definite sentence. No matter whether it was the case of a member of his own troops or of a member of the population of the occupied territories, the Field Marshal's attitude remained the same. He only approved of sentences which he thought to be just. I reported to the Field Marshal personally all heavy sentences and in this respect I assume full responsibility for their legality. Summing up, I can say that Field Marshal LIST has signed only few death sentences against the civilian population."
I skip the first sentence in the next paragraph and continue:
Like many officers of his staff, in the sincere effort to alleviate distress by giving regularly part of their own rations or surpluses of the officers mess to the Greek population, especially to the children, the Field Marshal also did everything he could think of of to alleviate distress and to get the food supplies started for Greece."
The next document I would like to submit is from another collaborator and it is List No. 152. This becomes Exhibit No. 122 and is to be found in Document Book III, page 57. The document is not No. 152 as it says at the top but it is 152a. It is an affidavit by Professor Kittel and I would like to read from the third paragraph onwards:
"From 28 December 1940 to spring 1942 I was a General staff medical officer (Generalstabsarzt) and was detailed to the AOK 12 as a medical officer.
Fieldmarshal LIST was esteemed and honored by his subordinates. He was believed to be a just man. He did not take his responsibility as a commander in chief lightly, and was not the man who would carelessly sign a death-sentence. He was rather sympathetic and soft, and certainly not brutal or cruel. He was a religious man. His attitude towards the Party and its agents was critical and reserved. There was no "Nazi-atmosphere" in the Staff.
The next document is given by his former ADC. It is List Document No. 133 and becomes Exhibit No. 123. It is contained in Document Book II, page 88. It is an affidavit by Friedrich August von Haehling. I am going to read, first of all, the third paragraph:
"From 1 April 1938 until 31 March 1941 I was Captain and Major on the staff of Field Marshal List, originally Army Group 5, Vienna, later AOK 14, or 12 respectively as ADC with the Commander in Chief":
I skip the next paragraph and continue in about the last third of the page.
"All his planning and all his actions were governed only by practical considerations for the good of the army. The Field Marshal was not active in the political field, since he had no opportunities for such activities. His work was concerned only with the army. It is true, however, that he followed the political events with anxiety and great scepticism.
He emphasized that again and again but as far as I could judge the situation he had no possibility of succeeding decisively. He openly distrusted the important leading personalities of State and Party, and he did not conceal this attitude from me or other officers who were on familiar terms with him. The Reich Marshal was in his eyes a charlatan."
I skip the next paragraph and read the second:
"The Field Marshal from inner conviction constantly rejected the imperialistic idea of extending the frontiers by use of force. He did not want to believe in the realization of the campaign against France until he got the final order for this campaign on the preceding evening and was thus confronted with a fait accompli."
I skip the next bit and read the last two sentences on this page from 89 at the bottom, the last two sentences. It is on page 89a.
"He was greatly respected by his associates who trusted him completely and the troops were very fond of him and believed in him. But the Commander-in-Chief refused on principle to show off in any way or to sound his own praises in order to become popular.
Court No. V, Case No. VII.
On page 90, at the top:
"Frau List kept completely aloof from public life. She appeared only when it could not be avoided. Always modest and reserved, she lived only for her family, and readily invited to her home all associates of her husband. Each of us felt and knew that she rejected the system. She did not hide this fact when talking to intimate friends."
The next document is List No. 115, and becomes Exhibit No. 124. It is given by Field Marshal List's ADC. It is contained in Document Book 2, page 91. It is an affidavit by Dr. Otto Campe. I read from the second paragraph onwards:
"As an introduction I declare that I never belonged either to the Party or to any of its affiliations.
"At the beginning of May 1941 I was appointed personal A.D.C. to General Field Marshal List."
I omit the rest, and I would just like to read the sentence before the last:
"Until April 1945 I remained in the position of personal A.D.C. During these years I had plenty of opportunity to get to know Field-Marshal List most intimately.
"Quite intentionally List did not want to be anything but a soldier and therefore kept aloof from politics on principle. His outward attitude to the NSDAP was reserved, but according to his inner convictions, he was increasingly disapproving. To my knowledge he had no contact with any of the big shots of the Party. Already during the years when I was a special-staff officer with the Chief of Staff List had knowledge of my own repudiation of the Party, an attitude which corresponded to that of my predecessor, at that time, Major von Haefling. I am convinced that these circumstances too strengthened List's determination to select me as his personal ADC.
"In view of his position he was very cautious and reserved with regard to his remarks about the Party, but he often severely criticized it in a smaller circle."
Then I turn to the next page and read from the second sentence onward:
"After having laid down the high command of Army Group A in compliance with Hitler's request at the beginning of September 1942 he never applied directly or indirectly for a re-activation.
"Frau List was very frank and clear in her disapproving remarks about the Party; List never objected to that.
"His live for nature and animals was characteristic for the purity of his character. He confided in a man, once he had become to know him as a friend of animals. It was horrible for him to see an animal suffer."
Now I read the last paragraph on this page:
"As supreme judicial authority List was for mild punishment on principle, he liked to make usage of his right of clemency. So, among other things he suspended the death penalty of a former Austrian belonging to the British army and pardoned him although the empowered sub-department-chief did not recommend such pardon.
"After the end of the campaign List was anxious to alleviate the life of the population in the occupied territories.
"List had a positive attitude towards the church. He kept close contact with the Wehrmacht priests of both confessions. He supported both in their tasks on a broad scale, they came often to report to him.
"List rejected the anti-Jewish persecution policy of the Party. In 1941 the Jewish problem was of no significance in the Balkans. In Salonikia the mess of the supreme command as well as of the closer staff were housed in the residence of the couple Sossidi. To my knowledge the Sossidis were Jews.
This did not make any difference with regard to his attitude. They were treated as nicely as every other Greek."
The next document is List No. 159 and becomes List Exhibit 125. It is contained in Document Book 3, page 60. This is an affidavit by Major Kliemann, and I just want to read from Page 61 at the top.
"He was not friendly toward the Party. He refused all interference of Party offices in military matters. In cases of encroachment of Party offices or lack of care of soldiers' wives he stood up for the interests of the latter. He checked the attempt of one of his divisional commanders to install soldiers as confidential agents of the Party within. Whenever Party big wigs appeared at the front he refused them as far as possible any interference and demanded their recall from the army territory. I know that Field Marshal List did not have favorable reputation as far as the highest Party offices were concerned.
"With regard to GFM List's attitude toward the Jewish question an example from Poland might clarify things. All independent action against Jews in the territory of the army was strictly prohibited. When he found out in the fall of 1939 of encroachments by an SS echelon which had been immediately assigned by the Reich Main Security Office in the area of the army, without his knowledge, he took steps immediately ordered the removal of the echelon from his area and demanded of the OKW that the leader of the unit be investigated on the basis of court martial."
And then I continue on page 63 at the bottom, the paragraph before the last:
"At any rate in Greece GFM List was beloved and esteemed by all officials in the administration, economy, church and cultural life and he as well as the German troops subordinate to him enjoyed the affection of the Greek people contrary to the Italian occupation.
"If in conclusion I should give my opinion of GEM List I cannot, if the whole truth should be told, omit his attitude towards the Austrian population and soldiers from Austria.
"It was GFM List, who in 1938 had the German training command, which was first sent to Austria, recalled, because of their bad behavior which completely ignored Austrian characteristics and it was he who stopped all achicanery and unnecessary harshness. At the front, the Austrians who were quite numerous in the 12th army, also knew that in GFM List they had a superior who stopped all humiliation and discrimination of Austrians and their ways, because of their softer more pliable characteristics which inclined to compromises and recognized and valued just these very characteristics of the Austrians which were more to his liking as a South German.
"I know that GFM List was close to the circle around General Olbricht and that he was closely connected with them as well as Admiral Canaris."
As the next exhibit I submit List Document No. 33, and it becomes Exhibit No. 126, and is contained in Document Book 2, page 123. This is an affidavit by General Pemsel, and I just want to read a few sentences from it, from the third paragraph onwards:
"I have known Field Marshal List in peach and wartime. Field Marshal List was a soldier through and through and of an impeccable character. Only military necessities or military judgment were the leading motives for Field Marshal List's measures.
"According to my observations he had no personal connections with the party. Being deeply religious, I have never heard Field Marshal List say one detrimental work about the Jews. He was benevolent and took good care of his soldiers."
The next three documents deal, or rather were given by people from the close acquaintanceship of Field Marshal List.