The first is by Walter Thomas, a man who was his chauffeur for many years. List Document 166a becomes Exhibit No. 127. It is contained in Document Book 3, page 71. It is an affidavit by Walter Thomas. I am going to read from the third paragraph onwards. The number is not 166, but 168a.
"From 1935 to 1942 I was active as Master Sergeant with Generalfeldmarschall List in the capacity of chauffeur.
"The following can be said with regard to his attitude towards the NSDAP:
"The Generalfeldmarschall was very reticent towards the Party. As examples for this it should be mentioned that he avoided any connection with the district president of Saxony, Martin Mutschmann, and also during his stay in Vienna he never even visited the district president Baldur v. Schirach, although he lived very close by.
"In the occupied territories he did not only observe a correct attitude towards the population but a very benevolent attitude. There were SS and Wehrmacht units who molested the population. When the Generalfeldmarschall heard of this, he issued very strict orders to stop the activities of these units."
Then I read on the next page, page 72, from the third paragraph:
"During his stay in Greece there was no animosity in his attitude, but when we drive through the town and there were festivities I was ordered to drive very carefully, so the population would have no occasion to complain that we did not respect patriotic and religious feelings.
"I am ready to describe in a series of individual cases, that the Generalfeldmarschall proved himself to be a soldier of noble bearing in every position."
(Laternser) The next document -
THE PRESIDENT: Pardon me for just a moment. My attention has been called to the fact that Exhibit 127, page 71 of Document Book 3, and page one of the English Document, it is noted as Document 166a, while on the second page of this English translation, the same being page 72 of Document 3, is noted as being Document 72.
DR. LATERNSER: That is a mistake in the copying department. It should be labelled on both sides as List Document No. 166a.
The next document I offer is Document, List No. 147, which becomes Exhibit No. 128. This is contained in Document Book 2, page 104, and is an affidavit given by Gustav Bartusch, who was orderly of Field Marshal List for many years. I read from the second paragraph:
"From April 1938 to April 1943, I worked as orderly for Field Marshal List."
Now I read from the third paragraph, the third sentence:
"At home the family and the domestics formed a unified community. Here nothing was withheld, and there were no secrets. The management of the house was conducted in a very simple manner and was often criticized by the other domestics in conversations with me as being below the station of the family. I was treated as one of their own children, and I lived with them in the house. All family festivals were celebrated together, especially Christmas.
The Hitler salute was unwelcome in the house and was never required."
I turn to the next page and start with the first paragraph:
"I was present at all social parties, which, incidentally were rare.
I never saw any Party chiefs among the invited guests, nor did any of them come to the house regularly. No pictures of the Fuehrer or the like were hanging on the wall.
In the occupied territories the population was friendly disposed towards the Field-Marshal. He did not tolerate treatment which violated the dignity of man. Often he took long walks, even all alone. Our Greek gardener was an invalid and had a long way to walk to his home. One day he asked the Field Marshal to provide him with a beast of burden in exchange for money. After a couple of days the Field-Marshal turned over a mule to him. The Field-Marshal watched diligently in all the territories occupied by his troops, lest the population be deprived of anything.
In Poltava we had a sharpshooters' unit for guard duties. In the mornings the Field-Marshal, would always have a conversation with the guard, mainly about family matters. In this case, an only son was standing guard, while his mother was old and alone. After the guard had been relieved, the Field-Marshal ordered his discharge to return home and a financial support."
The last sentence:
"I shall always think only with gratitude and admiration of the years when I was with the Field-Marshal."
The next document is List 110, and becomes Exhibit No. 129. This affidavit is in Document Book 2 at page 106, and is given by the other orderly of Field Marshal List, and he was called Heinrich Frech: I read from the second paragraph onward:
"From 15 May 1941 to 23 February 1945 I was Lance Corporal (2nd Detachment Mountain Infantry 98, 1st Base Company) and detailed for personal service (orderly) to Herr GeneralFieldmarshal Wilhelm LIST in Garmisch-Partenkirchen."
I will skip the next sentence and start with the next paragraph:
"His attitude toward his subordinates was very decent and friendly. I myself have always been treated by him and by his family most decently, and as a human being, and I retain to this day my deepest respect for him.
His attitude toward the church was positive. He himself and his family belonged to the Evangelical Church and they did not leave it. Moreover, he stuck to the church together with his family. He spoke only with respect of the church and never put obstacles in my way when I wished to go to church. Regarding the Jews I never heard an unpleasant word from him, let alone a vicious one.
His attitude toward the NSDAP was always very critical and reserved. He certainly was no Party man; this emerges alone from the fact that I did not have to greet him with the Hitler salute."
I will skip the next sentence and read the last:
"Since the abortive attempt of the 20 July he was confined to quarters and was not allowed to leave his premises.
I also emphasize that I was not a Party member."
Now I would like to submit List Document No. 6. This becomes Exhibit No. 130, and is contained in Document Book 2, page 97. It is an affidavit of Freiherr v. Czibulka, and I read from the second paragraph onwards:
"In the middle of July 1940 I joined the staff of the 12. army, - which was then situated in Salins, south of Besancon, as Rittmeister. I was to write a short biography of Field-Marshal LIST, as it was the intention of the O.K.W. at that time to publish popular biographies of the individual army leaders.
This was later vetoed, as far as I was told, by an order of HITLER, who prohibited all warriors' biographies -- probably because of jealousy."
Then I omit the first part of the next paragraph and continue in the middle of this paragraph:
"Alone by the fact that he, during frequent and long private talks, told me the story of his life, explained his views, and that I was able to observe him in the most varied situations, it was possible for me to form a conclusive opinion about him. This opinion is the more poignant since I as former old-Austrian officer (1910-1918), looked upon all Prussian-tainted military institutions, but above all upon the important persons of the Wehrmacht of the Third Reich with extreme scepticism, nay, definite prejudice. Nevertheless I arrived at the following conclusion:"
I skip the first sentence of the next paragraph and continue:
"I must especially stress his engaging humanity, his modesty (for a long time he objected to his biography being written), his love of classical music, and his virtually ardent love of nature, which in his youth caused him to hesitate for a long time between becoming an officer or a forester."
Then I skip the next sentence in this paragraph and read the last two sentences in the paragraph:
"The hardships and horrors, which inevitably attend every war and every battle, visibly pained his soul. This was also confirmed by officers, who were his comrades in battle.
In my opinion, he was completely alien to the National Socialist doctrine, as I learned very soon from a gesture, a hint, a glance, or a sarcastic remark, in spite of the restraint imposed on him by his position.
I did not observe any action or order with which he aided National Socialism. To the great delight of most of his associates, he treated representatives of the Party, who for any reasons appeared at the army staff and had to be invited to dinner, with extreme reserve and icy politeness."
Now I continue on page 99, and read from the second paragraph:
"As regards the Jewish question, I can only remember, that LIST strongly deprecated the inhuman treatment of the Poles and the Jews, and furthermore regarded it as a political error.
As far as I remember, his attitude toward the church was definitely positive, and in keeping with the tradition of his family. His paternal grandfather was preacher at the Ulm Cathedral. During the lengthy waiting period in the Eifel, Wilhelm LIST maintained frequent and very friendly relations with the Abbot of the famous Benedictine Abbey Maria Laach.
In dealing with officers and men LIST always showed himself most benevolent and considerate and never acted the officious, unapproachable Field-marshal."
Then I skip the next paragraph and start with the next paragraph, second sentence:
"Frenchmen and Greeks who expressed themselves more frankly to me as an Austrian, repeatedly praised LIST's uncommon friendliness and modesty, and the fact, that he treated the people of the occupied areas not as enemies but as human beings. Even before the entry into Bulgaria, as far as I know, Field-marshal LIST, in a sharp and threatening form unusual for him, forbade officers and men to procure means for buying in excess of their soldier's pay, so that the population of Rumania, Bulgaria, and Greece (no one at that time had any idea of a Serb campaign) would not be bought out."
I omit the rest of this paragraph and start in the middle of the page:
"I consider it out of the question, that Field-marshal List can be successfully charged with looting and robbery. Likewise, the charge concerning the wilful destruction of towns and villages is certainly untenable."
I skip the next part of this paragraph and read the bottom:
"I must most emphatically point out, that one must differentiate between the injustices perpetrated by the Party in the occupied areas and the conduct of the army. At least as long as I was in France and Greece, the relations between the men of the 12. Army and the French respectively the Greeks were good, nay even cordial in Greece."
Now I would like to read from the third paragraph on this page. I would ask the Tribunal to take judicial notice of the rest of this document, and I just read the last paragraph, -- that is, the last paragraph on 103:
"The thought, that of all things a man of the sincerity, honorableness, and kindness of Wilhelm LIST should be convicted as a criminal, is virtually incomprehensible to me."
The next List Document, 108, which becomes Exhibit No. 131, is contained in Document Book 2, page 108. It is an affidavit by Pastor Muenchmeyer Director of the Central Committee for Inner Missions.
"I declare the following under oath:
I became acquainted with Herr Field-Marshal Wilhelm LIST in 1930, when I was transferred to the Garmisch church in Dresden.
At that time he was the commander of the Infantry-school there, where the whole new generation of Reichswehr officers received part of their training. Very soon after my acceptance of the office he had me hold a lecture on the subject of "Christianity and War", in which I represented the Biblical-Reformational point of view, without modifications. Thereupon General LIST introduced the unusual innovation of allowing the garrison pastor regularly to hold compulsory lectures about Christian problems of faiths, of life, and of education, in addition to voluntary discussion evenings. At such lectures he himself participated together with the entire officers' complement which constituted the faculty of the school. He always laid much stress on the Christian indoctrination and training of the rising officer generation, especially also later in the Nazi period. Repeatedly he point ed out expressly to officer candidates and cadets of every academic level the decisive significance of the Christian spirit and morals for the preservation of genuine soldier life. He also took part in divine services together with his confessed Christian family, with whom I became better acquaint ed, together with my wife, through professional dealings and personal visits and also through pastoral conversations. He participated not only for tradition's sake, and not only in order to set a good example, but because, as I well know, it was a matter of inner necessity and of the heart for him and for his family members. He was known as a convinced Christian officer, and he never denied his Christian faith, not even in the Nazi period in any way, but on the contrary, frankly and freely professed his faith repeatedly on public occasions and in addresses before representatives of the NSDAP as such, for example, Himmler and Mutschmann.
It was of great importance to him to preserve and strengthen the Christian spirit in the Wehrmacht in fact of the anti-clerical and anti-Christian tendencies of the Party and of its formations.
In the first several years of Nazi rule I reported to him, now that he was the commanding general in Dresden, regularly and fully about ideological and church problems in general, and in particular with respect to army circles. The then chief of staff General Olbrich, who was executed by firing-squad on 20 July 1944, was sometimes present. At these discussions I was able to become thoroughly familiar with the decidedly anti-Nazi altitude of General List, and for that matter, also with General Olbricht's. In later meetings with General List, even during the war, I determined that this position remained unchanged in keenness and resoluteness.
I do not stress this for the first time now, but have said it several times before this to friends and acquaintances of mine, namely, that I personally owe to two officers for my office an pastor, than I owe to most of my theological teachers. One of these two officers is Field Marshal List. He helped me in the administration of my office, even in the first several years of the Nazi rule, by word and deed in a fatherly and understanding manner, which a pastor is not likely to experience often in laymen. His clear perspective, his wise judgment, his rich experiences, and his delicate gift for acclimating himself to spiritual as well as to other matters, his inner life and goodness of heart, his sincerity of conscience and his consciousness of responsibility have for all time made this truly significant man worthy of admiration to me.
I skip the rest of the affidavit. The next document is Document List No. 154.
It becomes Exhibit No. 132 and is to be found in Document Book III, page 59. This is a statement by the Abbot of Maria Laach: In the winter of 1939/40 Generalfeldmarsshchall List repeatedly honored our abbey with his visit. Private conversations which I hold with him on this occasion gave me the impression that Generalfeldmarschall List was not only a highly intellectual, noble and thoroughly Christian person, but also that he certainly was not favorably inclined toward the war or the NSDAP and its ideologies as well as imperialistic endeavors. On the contrary, Generalfeldmarschall List - at that time still Generaloberst - always represented the Christian ideologies by refusing to accept the basic principles of National Socialism, which was also expressed in the correspondence I had with him since our meeting, and was also confirmed by the fact that in 1942 he was retired. I am convinced that Generalfeldmarschall List never violated international law in his high military position or that he issued orders which were contrary to international law.
Generalfeldmarschall List always had the most benevolent feelings for the abbey and helpfully took our part later at a very critical moment when the abbey was supposed to be suppressed. Therefore we will always be very grateful to him. Dr. Ildefons Herwegen, Abbot of Maria Laach.
The next document I would like to submit is List No. 135 and this becomes Exhibit No. 133. It is contained in Document Book II, page 113. It is an affidavit by Pastor Hans Badtke. I real from the second paragraph onwards: "Towards the end of September 1939 I was attached to the Supreme Command of the 14th Army as the protestant Chaplain."
And then I real the last sentence in this paragraph:
In the fall of 1941 Field Marshal List left Greece. During the aforesaid period I remained on Field Marshal List's staff.
My official duties brought me into contact frequently with the Chiefs of the staff at the time; however, at certain times - about once a month - I made a report to the Field Marshal personally.
At the moment I can only relate one certain impressive case which had nothing to do actually with my own sphere of work but which interested me greatly and which I discussed at that time thoroughly with my catholic colleague, the then Father Superior Klotz. A man of Austrian nationality and catholic faith who had left his Tyrolese home long before 1938 to live abroad where he had married a woman of Jewish religion, had joined during the war the British Army labor service (not as a soldier) and as such had been taken prisoner by the German troops in Athens. Court-martialled, he was sentenced to be shot without any inquiries being made concerning the Law of Nations covering this case. The case was dealt with according to the so-called "sound instinct of the People". A "German" had fought against his own people. After my catholic colleague had heard of the sentence he went in great excitement to see Field Marshal List whom the judge had just left. Field Marshal List told Father Superior Klotz that he had no thought of signing the death warrant. He intended to investigate the case himself thoroughly, which he did, and he prevented the execution of the man who had already been sentenced.
Omit the first sentence from the next paragraph and continue:
Field Marshal List is a confirmed evangelical Christian. From the many discussions about matters concerning the evangelical spiritual welfare of the troops I never had the slightest doubts that the Field Marshal from his hear's belief did everything to lend his support to the widest preaching of the gospel.
Then on page 115 I read the last paragraph:
Field Marshal List's personality was basically a soldierly one, which ought to be comprehensible considering he was a professional soldier of so many years service. But his soldierly nature was based upon religion, and therefore his judgment and his methods were the outcome of ethical seriousness.
My next document is List Document 2 and this becomes Exhibit 134, and is to be found in Document Book II, page 111. This is an affidavit by the Prior of the Benedictine Abbey Maria Laach, the successor of Dr. Herwegen.
I know Field Marshal Walter List very well from his frequent visits to our abbey in 1939 and 1940. Soon after he had taken up quarters in the neighboring district town of Naven he paid a visit to our church and our monastery together with his Chief of Staff (the later General Mackensen) spending several hours with us in intimate conversation. He frequently repeated his visits and stayed so long every time that his driver used to remark he knew that whenever they went to Maria Laach the visit would last more than a few hours. General List had a special great liking for the Rev. Abbot Dr. Ildefons Herwegen who died last year, and he spoke to him openly of his apprehension concerning the evolution of National Socialism. In my capacity as Prior of our monastery I received General List twice when the abbot was not present, and therefore I got to know him very well. Right from the very first meeting I had not only the impression to have met a man of outstanding qualities, but his honest and straightforward character, his absolutely aristocratic way of thinking revealed a gentleman of an honorable character, delicate tact and great education. He was very much liked in our house and, I dare say, he was the most rounded out personality of an officer amongst the many guests we had during the war. When the Seckau Abbey in Styria was closed by the Gestapo in 1940 I asked him for his assistance that some of the now homeless monks could find refuge in our convent. He agreed at once although this was not in accordance with the regulations which forbade any settling in the area on the left bank of the Rhine. The night before his departure he sent a letter to the then abbot Herwegen of which I attach a copy.
Then I omit the rest of this paragraph and read the last paragraph:
I Can only wish him the best for his future. We are grateful for his assistance which he rendered to our monastery and also for the Personal contact with him which will last over the years.
I have made the foregoing statement to the best of my belief testifying to it by my signature.
Pastor Thedor Bogler, Prior of the Benedictine Abbey Maria Laach.
The next document I would like to submit is List No. 111 and this becomes Exhibit No. 135. It is contained in Document Book II, page 76. This is a, statement by General Ritter von Prager. I would like to read from the third paragraph onwards:
After my resignation - I retired on 1 February 1931 as a General of the Infantry - I moved to Munich; List went to Dresden and so we met but seldom from 1931 to 1939. In September 1940 List was for some days my guest, on which occasion we had a confidential and extensive talk about Hitler and the monstrosities of National Socialism. Also after List's resignation - I think it was in 1943 - I met List a few times more for a confidential conversation.
I consider List an excellent soldier and man, a man of noble and honest character and with a high sense of duty. From confidential conversations with List I know that List repudiated and condemned the outrages and encroachments of National Socialism, particularly also Hitler's inhuman proceeding against the Jews and the inhabitants of occupied territories as well as the persecution of the churches.
THE PRESIDENT: Dr. Laternser, may I interrupt please? Before we take our afternoon recess, I think the attention of counsel should be called to certain information that has been furnished me. The deputy Secretary General gives me this information concerning the documents which are now in the process of reproduction. Concerning the documents for the defendant von Leyser, it appears that Dr. Tipp submitted supplement to Book III on January 6, which was yesterday.
Concerning the defendant Rendulic, Dr. Fritsch submitted Document Book IV on January 6 and the answer to the prosecution's brief was turned in on January 7. I do not know whether that is in addition to the one which has been already furnished us or not.
Concerning the defendant Speidel, Dr. Weisgerber submitted Document Book IV on December 9 and Document Book V on January 6.
Concerning the defendant Dehner, Dr. Gawlik submitted Document Book VI on January 6 and an answer to the prosecution's brief of December 23.
Concerning the defendant Felmy, Mr. Mueller-Torgow submitted Documents 175, 176 and 177 on December 18 and Document 178 on December 29.
Concerning the defendant Foertsch, Dr. Rauschenbach submitted Document Book IV on December 3 and Document Book V was turned in on January 6.
Concerning the defendant Kuntze, Dr. Menzel turned in Document Book III on December 12 and Document Book IV on January 6.
Concerning the defendant Lanz, Dr. Sauter turned in Document Book VIII on December 23 and Document Book IX on January 6.
This information discloses the fact that a very large number of these document books were not turned in until yesterday. I do not know what the situation will be but it seems to me that these books should have been turned in prior to January 6.
We will take our afternoon recess at this time.
(A recess was taken.)
THE MARSHAL: The Tribunal is again in session.
THE PRESIDENT: You may proceed.
DR. LATERNSER: I now wish to submit three more affidavits. I wish to submit Document List 28, Exhibit 136, Document Book 2, page 74. It is an affidavit by General Kuehlenthal. I shall read from the second paragraph:
"Former Field Marshal List is a highly esteemed personage; his absolutely honest, noble and firm character has made him known and popular far beyond his friends. In the years from 1923 until 1930 I had a good many official connections with him because, during these years, we were at times both working in the Reichswehr Ministry. List was Chief of the Training Department of the Army. His directives and suggestions were binding for the tactical training of the Army." I shall now omit the next two sentences and proceed: "After his activity in the Reichswehr Ministry he became Commander of the Infantry Training School at Dresden, a position which was entrusted only to personages of a particularly firm character.
"In the years between 1930 and 1942 I did not meet List again. I did not see him again until 1942 when, discharged from the Army, he retired to Partenkirchen. I was living there on my pension, had been discharged from the Army for racial and political reasons and had therefore to endure considerable difficulties caused by the Party. This was generally known there. For all that Herr List looked me up very soon here after his resignation, and since that time I met him frequently. I came to know him more closely, so much the more as a common passion for hunting and fishing united us. He was unhappy about the entire conduct of the war and shocked by the orders of the Wehrmacht High Command. That he stood politicallt strong opposition to the Party and its leadership need not be emphasized under these circumstances. This is supported also by the fact that he was a close friend of General Olbricht, who has become well-known through the attempt on Hitler's life of 20 July 1944, and was shot at the time, who visited him here several times.
Baurat Ludwig, a well-known anti-Fascist here, who has died in the meantime, also belonged to List's close circle of friends. A minor official of the local Reich Postal Administration here also told him confidentially that his telephone calls were checked up by the Party.
"After List's arrest we took Frau List for a considerable time in our home and were thus enabled to know her anti-Fascist attitude day by day, and also learned from her how unhappy and pessimistic her husband had been over the whole development in Germany ever since 1933, in view of his completely divergent politicals views and his strong clerical tics."
The next document I wish to submit is List 169, to be Exhibit 137. It is document book 3, page 47. Correction, it is on page 74, not 47. It is an affidavit by Wilhelm Arendts. I shall read it from the third paragraph:
"Discharged as an officer in 1919, I was drafted on the basis of the Defense Act for Service with the Army from 15 September 1939 until 31 January 1945 and during that period I served mainly as Ia on the staff of the Military Commander of France, in the end as Colonel that is Oberst zur Verfuegung.
"During that service I was in contact with the activitic circles of the opposition within the Army and I attempted to unite the opposing elements in Germany proper and to prepare them for an active move at the right time, during occasional stays here, while being in especially close contact with Major Caraaciole-Delbrueck (General Epp's staff) in Munich.
"On 4 September 1943, General Halder, who was informed of my endeavors, advised me also to contact Field Marshal List, whose attitude towards Hitler and his regime was known to him.
"A few days later I visited Field Marshal List in the latter's apartment at Partenkirchen.
We had worked together in 1918 in the same office at the then Royal Bavarian Ministry of War and we went through the revolution of 1918 together.
"Referring to these times, I discussed with Field Marshal List the present military and political situation, and the necessity of taking measures to put an end to National-Socialism and to enforce a change in the leadership. Even though I was not allowed to mention any details of the preparatory measures, since I had been committed to silence, Field Marshal List nevertheless grasped immediately what I was driving at, and showed great interest. I gained the impression that he was prepared to participate actively in a movement. He asked me to inform him further, at my next visit in that area, especially in the case that I should hear from General Halder or General Wagner (Generalquatermeister - Quartermaster General - at the O.K.H.), I had stated to List that those two officers would agree with me on the situation and on the necessity of an active move.
"After my return to my headquarters I informed Genera Heinrich von Stuelpnagel (Military Commander of France) of my discussion with Field Marshal List and of my personal impression as to his attitude, whereupon General von Stuelpnagel forwarded a preliminary report to General Olbricht at Berlin." Signed "Wilhelm Arendts".
I have now my last document to submit. That is document 35, which will be Exhibit 138. It is in document book 2, on page 6. It is an affidavit by the papal nuntius in Paris, which I wish to read:
"To: Dr. Jur. Hans Laternser, at present: Nurnberg. Dear Sir, "Various circumstances have up to now prevented my answering your letter dated 8 August 1946.
But I hope that the following information will reach you in time still to be of some use to you.
"What you say about my contact with Field Marshal List in Athens in 1941 absolutely conforms to the truth. Furthermore, I am glad to state that the personality of the said Commander-in-Chief of the 12th German Army left me with the best of impressions by the refinement and simplicity of his manners, which has lasted until this day.
"With regard to the points about which you wanted my information, Doctor, I can testify the following:
"1. In summer 1941, during my stay in Athens, some complaints came also to my knowledge about a certain rigor which the German occupying troops exercised on the Greeks. But I also heard that the Marshal took severe steps to take his people to account when he heard of ill-treatments, and that he very severely reprimanded them and did not spare admonitions and orders to have the Greek population treated with indulgence. I also know from hearsay that before coming to Greece he showed himself to be anxious that when there were troop movements, assaults, destructions, etc., they should spare human lives as far as possible and avoid sacrifices of innocent people.
"2. The Field-Marshal himself allowed me to visit English prisoners of war, who were concentrated in a great and beautiful hospice in Kokinnia. I found the prisoners not dissatisfied with their treatment. The German officers told me that by order of their commander-in-chief they only guarded the outside of the camp and the food supply. The interior management was left to the English themselves.
"3. During the months of August, September and October long negotiations took place to obtain and facilitate the delivery of considerable quantities of grain to Athens in order to avoid the winter famine.
I myself participated in the negotiations, in which his Holiness the Pope Pius XII also took a lively interest. I can say that Field Marshal List, as well as especially Dr. Altenburg, too, who represented the German Ministry for Foreign Affairs there, used all their influence possible in order to make all the efforts to obtain a satisfactory success.
"4. On the occasion of 3 conferences, which I had with Marshal List, the last of them in the hospice of Sismanoglu, where he had to undergo an operation, I avoided speaking about the war in view of my rather delicate tasks. He left me with the impression, however, that he was a man filled with a conscientious respect for the code of war and international law.
"5. I never heard that during the military government of Field Marshal List either Greeks, Catholics, or Protestants were ever prevented from professing their religion.
"I readily testify the above out of sincere love for historical truth and justice, to which every human being is entitled at any time and under all circumstances."
I thus conclude presentation of evidence on behalf of Field Marshal List. May I now communicate to the Tribunal that I shall submit afterwards statements by French and American Military Commanders and that I also wish to have a witness called? The topic will be "An allied Shooting of Hostages".
THE PRESIDENT: Very well.
MR. FULKERSON: Your Honors please, when the affidavits to which Dr. Laternser refers first came back from the United States, he took the position that they were the exclusive property of the defense, and the court ruled that they were not, and before the Christmas holidays I requested that the prosecution have an opportunity to look at them and that they be filed with the Registrar of the Court. I would like to repeat on behalf of the prosecution - that we be allowed to look at these documents.
documents on the basis of the rules; that is, twenty-four hours previously, at the least. But in case that I should not make use of these documents -- but I have no intention of not using them--is it the intention of the Tribunal to rule -- I don't know whether a ruling has already been passed -- that in case I do not avail myself of the documents they may be referred to the prosecution for their information? But I do have the intention of reading them and I shall put them at the disposal of the prosecution at the appropriate time.
THE PRESIDENT: The Tribunal is of the opinion that you should decide and make an election as to whether or not you are going to make use of them, and inasmuch as these affidavits are now coming at a very late period in the course of the trial, the prosecution should have some opportunity to make use - make a study of them, so that if they care to, they can prepare and have present any rebutting testimony concerning them that they may wish to present. Is there any reason why they should not be filed at the Secretary-General's office at this time?
DR. LATERNSER: I wished to summarize these statements together with the affidavits by the French Military Commanders and that is the reason why I have not so far submitted them, because they are in English and need not be translated.
THE PRESIDENT: Is there any reason why they should not be filed with the Secretary-General for the inspection of the Prosecution?
DR. LATERNSER: No, there is no special reason for that, but I should like to file them and present them myself in a self-contained batch, so that these events will be reflected accurately and a picture will be given.
THE PRESIDENT: That opportunity will be given to you. I think because of the lateness of the period of the trial that they should now be filed with the Secretary-General's office for the inspection of the Prosecution, and if you will kindly do so sometime tomorrow, it will meet with the approval of the Tribunal; and then when you care to make use of them for your presentation of the evidence you can obtain them from that source and office.