"For the destruction of 14 telegraph poles during the night from 25 to 26 February Southwest of Topola, 10 Communists are to be shot to death."
And then "Commanding General and Commander in Serbia" is typed and the initials "W. A." it is submitted, are the same as the first two initials in the first communication of this series which indicate that it came from W. Auer; and then below that is the large initial "B".
The next communication is dated "19 March 1943" and is to "Administrative Sub-Area Headquarters Nich 809", and I believe "809W is not in the German. However, it should be. It appears in pen on the photostat of the original. This refers to a teletype of 18 March and again is from the "Commanding General and Commander in Serbia."
"In reprisal for the Communist attack on the dairies in Vrazegrnac, District of Zajecar, 10 Communists are to be shot to death for the murdered dairy manager and for the destruction in the dairies working for the German Wehrmacht 20 communists are to be shot to death. Completion of execution is to be reported here enclosing a copy of the publication.
"Commanding General and Commander in Serbia, 1a" and the number handwritten and "secret" and the initial "B", and here again is note showing it goes to the "Commander of the Security Police" for information.
Now, at this time I would like to again raise the question of these initials. It comes up a little bit differently here. I first pass up to the Court Document NOKW-858, which is Exhibit 8216 in evidence, having been admitted on the 24th.
This is the document, photostatic copy of the document, which is the personal history of the defendant von Geitner, made by him here in the Nurnberg prison. It contains a signature signed by Geitner and I would like to direct the Court's attention first to the signature page which is page 3 of the photo stat and then perhaps we may need, the lights on for this but -
THE PRESIDENT: Alright.
MR. DENNEY: Will you turn the lights on over the Court, please?
Line 1 of the affidavit, the Tribunal can see where the word "Ritter", R-i-t-t-e-r has been inserted by the defendant Geitner and to the left he made an initial. Again on the 11th line from the bottom he changed a letter in the second word and again made an initial out to the side. Now, I would like to have the Court look at those and, as we go through here, I would like to direct the Court's attention to the initial that I submit is similar. In connection with the Court's -- perhaps, the defendant Geitner's counsel would like to show it to him. We have had one document already with a signature on it and we have another one coming up very shortly.
MR. DENNEY: In connection with the Court's ruling about the change from the initial "Y" to the initial "G", these documents, many of them, were not as carefully examined as they are able to be examined now, because a limited number of photostats came from Washington, and we do not have the time to give the scrutiny to them that we do when we are putting the individual books in. The principal problem there is selection of documents, and then a selection of material.
Now it is a standard procedure that everything that is at the end, that comes by way of signature, shall be included. That is automatic, to show the source. Now very often a translator, may not have noticed the initial at the time --- a translator may mark it down as "Y", and if your Honors please, we have throughout the record, been calling to the attention of the court, mistakes. Now these may be mistakes either in translation, or mistakes in transcription, and we submit that it is somewhat limiting to us to not be allowed to submit that it is our contention that a defendant, as chief of staff for a military commander did place his initials on it -- we are not saying that we know that they are. But it is our contention that it appears to us to be his initial, and we submit that it is only -- we submit, of course, subject to your Honors' ruling, that it is proper that we be allowed to indicate that, and if at a later time defense counsel wishes to state that it is not, or if in the event the defendant Geitner takes the stand, and he chooses to deny them, that would be, we submit, the proper procedure.
Of course here the question is raised somewhat differently because there is nothing on this document that I have here, which I would like to show to your Honors. This is the 4th page of Exhibit No. 264, just after the 1a, and just before the initial which we submit is the initial of Bader, appears that same little peculiar initial. It is our contention that the defendant Geitner, as Chief of Staff, initialed it.
JUDGE CARTER: These documents are certified as having been correctly translated and offered in evidence on that basis.
MR. DENNEY: Yes.
JUDGE CARTER: Who testifies here that they have not been correctly translated?
MR. DENNEY: With reference to the signature, your Honor, those are pretty much of a guess. Your Honors have looked at a lot of these signatures and initials, and we submit that as to contents, yes, they are properly translated, but we also submit that in view of the initials which we presented that he made, the defendant Geitner, and the initials which appear from time to time on these documents, -- and I might add, parenthetically here, that in cases where it is a very dim copy on the photostat, the prosecution has not made any comment about them, we have only done it when we feel that at least in our mind there is no doubt.
JUDGE CARTER: The point I make is that you offer it in evidence and it is accepted; then when you get at the end of it, you ask us to change the exhibit without any evidence of anyone that what you purport to change it to has any bearing here.
Dr. Laternser is getting nothing through the earphones.
JUDGE CARTER: I will repeat what I said again. Mr. Denney, my point is that this instrument has been offered in evidence as a correct translation, and we have received it in evidence. Then when you read it you ask us, without any proof or anything else, to merely change the exhibit as it has been put in evidence. It seems to me that that is entirely irregular. If you want to argue from signature later, during the course of the argument, that is something altogether different.
MR. DENNEY: We have had errors in them before, your Honor, and as I said, these errors may be some typographical, and some may be in the process of re-transcribing.
JUDGE CARTER: I can understand where grammatical errors can come without much difficulty. When it comes down to the basis of whether one of the defendants signed the document or whether he did no to that is quite a serious matter.
MR. DENNEY: As we go along, would it be satisfactory to your Honors to show the original document, in each case, and just point out what someone has said is a "Y" and What we contend is a "G"?Now in this case, if your Honors will note, there is nothing on this document, (Page 4) to show that a "G" or a "Y" or anything else is there; yet, on the document which has been handed to your Honors, clearly we submit, the initial "G" does appear, and that it is the same initial that appears on other exhibits in evidence before in the case.
JUDGE CARTER: I see no objection to the Tribunal examining any exhibit, any original. That part is all right, but to start an argument during the middle of the prosecution's case as to what it may mean, other than the translation, seems to me is at the wrong time.
MR. DENNEY: If your Honor please, with your Honors' permission I will hand the various documents up as we go along, and perhaps we will call a translator at a later time, who has translated these earlier marks.
DR. LATERNSER: Your Honor, any alteration, -- an alteration of any kind of documents which are being presented, I object to emphatically for the following reasons:
I say that it has been asserted that in some initials that one can just guess at them. If that has to be done, then the copy should point that out too, -- that the signature is illegible. That it is not proper that in connection with the document, the prosecution assert that the document was signed or initiated by any one of the defendants which they designate at that moment - in other words they are arguing at the moment -and what they assert has to be proved at this point of the proceedings.
For this reason I object to any alterations of the signatures in the text.
THE PRESIDENT: The Tribunal is of the opinion that its ruling as announced this morning covers the comments made at this time by Dr. Laternser. I will keep in mind also the comments made by Judge Carter.
You may proceed.
MR. DENNEY: It is your Honor's ruling that these documents may be passed up to the court to examine them as we go along, but that where a letter is indicated as being one letter in the translation, we cannot change it without bringing the translator, but we still there may show the document to the Tribunal?
THE PRESIDENT: If you wish to make any different showing as to the translation, that is your privilege, but it has to be done by proof.
MR. DENNEY: Turning to the next page, which is page 4 of the English, and page 5 of the German, this is a communication of 19 March, the year is not given, but I think it can be fairly assumed it is 1934, Administrative Sub-area Headquarters 610:
Subject: Reprisal measures.
1. In reprisal for the attack on the corn requisitioning detachment near Gornji Dubac on 14 March a total of 150 hostages are to be shot to death for the murder of the two auxiliary police men and of the corporal of the Administrative Sub-area Headquarters. That is at the 50 to 1 ration. "Insofar as it has not been established beyond doubt from what circles the culprits emanate, the persons to be executed are to be taken, one half from the DM-men and the other half from the Communists.
In consideration of the existing suspicion that the culprits home was the village of Gornji Dubac or that they were supported by its population during the attack, the village is to be burned down.
2. In reprisal for the murder of the char-woman working for Administrative Sub-area Headquarters 610 and members of her family, 5 Communists and 5 DM-followers are to be shot to death. The publication must express the fact that all circles of the population working for the German Wehrmacht enjoys its protection, regardless of their social position.
Completion of execution is to be reported here, enclosing a copy of the publication."
I would appreciate it if your Honors would look at this page of the exhibit.
.....Court examining document....
MR. DENNEY: Then on the next page, the note that after release the communication which has just been read should be sent to the Senior SA and Police Leader, and a copy for the Commander of the Security Police.
On 21 March 1943: still from the Commanding General and Commander in Serbia to Administrative Sub-area Headquarters 610:
"In reprisal for the burning down of the saw mills of the Organization Todt in Crna Roka, 30 DM-followers are to be shot to death.
According to reports available, the DM-bands intend to destroy additional saw mills shortly.
Approval for the arrest of 50 hostages is given. Completion of shooting to death and/or arrest is to be reported here."
That has the initial "B" and also the initial "G" WA, which is submitted are those that appear on the first page.
MR. DENNEY: And then on Page 7 of the English, Page 5 of the German, from the Commanding General and Commander in Serbia, to the Administrative Subarea Headquarters 599, dated 23 March 1943:
"In reprisal for the murder of the mayor of the community of Sibnica of the District of Pozarevac, 10 hostages suspected of being Communists are to be shot to death."
MR. DENNEY: And this one is signed by Bader, and information copies go to the SD and Commander of the Security Police.
MR. DENNEY: And then on Page 6 of the German and Page 8 of the English, is Document No. NOKW-1633, which becomes Prosecution's Exhibit No. 265 in evidence. These are excerpts from the War Diary of the Commanding General and Commander in Serbia. The entries here are for the period early in March. Under the 2nd of March:
"Teletype orders to Administrative Sub-area Headquarters 610 to shoot 10 communists in reprisal for the killing of the Commander of the Rural Constabulary Marinkovic in Krcevac, and to shoot another 10 communists for the raid on the station Dedina."
MR. DENNEY: And the next day teletype orders to shoot to death 30 D.M. followers in reprisal for the destruction of the funicular railway Majdanpek D. Milanovac, and 20 communists for the destruction of the power station of the Soko mines.
Enclosure 10 Letter to Prime Minister Nedic regarding individual reprisal measures.
MR. DENNEY: Page 9 of the English and Page 3 of the German, now going to the date, 4 March: Translation of Document No. NOKW-1633(Excerpts) Continued:
"Written communications to Administrative Sub-area Headquarters 399 saying that the proposal to shoot to death 10 peasants from the district Sopot suspected of being communists in reprisal for the murder of the mayor of the community Beljina is approved.
"6 March 43 Teletype orders to Administrative Sub-Area-Head quarters 610 to shoot to death 10 each of communists and D.M. followers in reprisal for the murder of the mayors of Troponic and Rajkinac.
MR. DENNEY: And then on Page 8 of the German and Page 10 of the English is Document No. NOKW-955, which becomes Prosecution's Exhibit No. 266 in evidence. This is from the Commander of German Troops in Croatia, and is dated 31 March 1943, and is directed to the Secretary of State for the Armed Power, Enclosed please find as summary of operation "Weiss" with the request to inform his excellency Poglavnik of its contents.
The summary is not suitable for publication.
In the beginning of the year 1943, military interference in the area of Karlovac -BIHAC - LIVNO had become a necessity. The Commander of German Troops was charged with The execution of the mopping up operations.
For many months the enemy had cleared for himself a Sovereign territory, had organized a considerable number of fighters and by strong road destructions and fortifications in every direction he had secured the territory he ruled. The number of active fighters equipped with automatic and heavy weapons including Artillery and Panzers may be estimated at 65,000 men. They were organized in corps, divisions and brigades.
Later the supreme leadership proved itself quite good and very mobile. The intermediate leadership was less efficient. The combat value of the Communists was partly outstanding partly absolutely good. It was only toward the end of the operation that signs of deterioration appeared.
The German divisions had available as their own units two Croatian Mountain Brigades as well as units of two additional German Divisions.
They were to be ready for attack on 20 January 43. Overburdening of the railroad, lack of coal and engines, several particularly heavy cases of sabotage as well as sudden and unusual snow threatened to make the success of the operation completely doubtful.
Utmost committment of all forces enabled us nevertheless to finish preparations on 19 January 1943.
The start of the offenses on 20 March 1943 caught the enemy by surprise. He had not counted on an attack in the winter months. By a courageous thrust the advance of the attacking troops brought them from KARLOVAC and GLINA to SLUNJ, BIHAC, from PETRINJA and KOSTAJNICA to BOS. KRUPA and from SANSKI MOST aid KLUJC to BOS. KRUPA and PETROVAC. Directly behind them, engineers and the Todt organization began to repair roads and bridges. Very soon the completely surprised enemy had reassembled, and offered a tough resistance supported by a knowledge of the terrain. PETROVAGORA, SAMARICA and all wood land and bridges had to be mopped up at times amid bitter fighting. The battle for GREMEC mountains was the hardest one.
In almost 18 months labor, the enemy had made it into a fortress, he had collected considerable supplies and organized large barrack camps. This fortress too was taken piece by piece. Preceding this SLUNJ was liberated on 25 January. On 29 January BIHAC was liberated. BOS KRUPA was liberated on 30 January, and the Partisans were chased out of BOS PETROVAC on 7 February. The area from KARLOVAC to GRMEC was swept clean of Partisans on 15 February. Unfortunately a part of the Partisans had evaded toward the Southwest and the Italian Battalions which were operating there were unable to stop them.
The troops made ready for a new attack on 21 February 43. Notwithstanding the tremendous efforts of the preceding weeks, they meanwhile had executed the assembly for the second part. A rest would have been desirable. But that would have enabled the enemy to reorganize as units and organize resistance. This would have cost our troops considerable more blood. That is why the German leadership had to insist upon an immediate continuation of the operations which had been started. Indicative of the spirit with which the Germans as well as the Croatians were imbued, -- is the fact that the elan of the attack in the very second part of the operation could hardly have been surpassed and that the men fighting at times amid high barren mountains overcame essentially great exertion with an exemplary attitude and a morale confident of victory.
Without stopping and in long marches, German and Croatian Battalions raced to the South and to the Southeast. DRVAR, BOS GRAHOVO, GLAMOC were taken. On 3 March the first soldiers, Croatians of the 369th Division were greeted in LIVNO by the jubilant population as liberators. In a final bitter battle around BUGOJNO, VAKUF and FROZOR broke the last noteworthy resistance power of the enemy. He hurried back in a Southeasterly direction with the remainder of his utterly defeated men.
But still the troops did not find their well earned rest. Meanwhile, disquieting reports from the area of Mostar caused the supreme German leadership to order German troops to occupy the Bauxite territory. Within a matter of hours this necessitated a thorough change of all plans of attack, and a renewed committment of troops for which rest had been intended. In hard fighting the Narenta and Rama Valley were forced. The exhausted regiments rested near Livno and eastwards in spite of utmost supply diffculties marched again toward the Southeast and in a wide front reached the West bank of the Narenta river. The Commander of the German troops in Croatia was able to report the completion of his mission on 17 March.
German and Croatian Battalions in closest cooperation have achieved a wonderful success. Large parts of the country have been liberated from a tyranny which has lasted for months. The Communist State and its organization are beaten, though unfortunately considerable units were able to withdraw in the direction of the Adriatic Coast and other parts could cross the Narenta River.
Croatian Sovereignty has been reestablished within the mopped up territory.
Success has been bought dearly. Approximately 650 officers, non-commissioned officers and men have sealed their oath with their death.
Their sacrifice must not be in vain. Symbolic of German and Croatian comradeship their death shall constitute a contribution towards a free Croatia and a new Europe.
(Signed)
Lueters.
MR. DENNEY: And then the enclosure to the communication, and it is submitted that this is the enclosure because it was found with it, and it also bears the same order number as does the original "1729/43". This is a "Compilation of losses, of enemy losses and booty." Own losses: dead, a total of 640, wounded, a total of 1472; missing a total of 376. "Croatian losses can be stated only as far as they were classified by Germar authorities." Enemy losses: 11,915 dead (partly counted, partly estimated) 616 shot to death as a result of summary court martial, 2,506 prisoners (of which 490 men and 285 women were evacuated to Semlin, the rest either turned over to Croatian authorities or released after investigation."
MR. DENNEY: And Your Honors will recall that we have prior documents indicating that Semlin is a concentration camp.
3.) Booty:
The greater part of the booty had been made unusable in good time by the enemy, rations were mostly destroyed. All usuable pieces were left with the troops for the purpose of filling in shortages which has arisen, captured cattle was sent to troop maintenance in proper amounts. The rest was given back to the returning population.
And then in the original there appears a list of various items of booty which is not in the German text. However, I shall read it. I have the German text here if any defense counsel want to check and follow me on it.
765 horses 83 Beasts of burden with equipment 1414 Heads of cattle 1678 Sheep Ration supplies - no numbers 17 Containers for cooked food.
And then follows the list of material destroyed or found destroyed.
120 Barracks camps 32 Other first camps 2 Hospitals 1 Wholesale bakery with electrical apparatus 1 Mill.
And the balance of the document which is from the Commander of German troops in Croatia dated 22 February 1943 - this details some experiences concerning the operation "Weiss I." The operation took place from 20 January to 15 February 1943.
Participating Units:
1) SS Volunteer Division "Prinz Eugen": well equipped to a large extent motorized Mountain Division.
2) 369th (Croatian) Infantry Division a well equipped German Infantry Division with German Officers and Non-Commissioned Officers. Croatian men.
3) 717th Infantry Division: insufficiently equipped Occupation Division with a small combat strength (3500 men) partly over-age.
4) 2nd and 3rd Croatian Mountain Brigade: Croatian Units equipped for mountain warfare with variable leadership and men, poor weapons and equipment.
And this is signed in draft. That is all typed and the certification over here is written.
Then on page 17 of the German and 19 of the English is Document NOKW-947 which becomes Prosecution's Exhibit 267 in evidence. This is a report from the SS Volunteer Division "Prinz Eugen", which is also the 7th SS Division to the Commander of German Troops in Croatia. We have seen earlier the reference to the fact that this unit was in this area at this time. The subject is an experience report with reference to an operation "Weiss II" and Mostar. This is a separate action from the one that was reported before which was "Weiss I" and this refers to a communication from the Commander of German Troops in Croatia dated 4 March 1943.
The Division encloses an experience report of the 2nd SS Mountain Regiment regarding operation "Weiss II" and Mostar for information.
The experiences and the deficiencies referred to are pertinent to all units of the Division and will be weighed and/ or remedied during the present interruption of combat.
And herewith is the report 26 March 1943 concerning the operation "Weiss II" and Mostar.
In the beginning of operation "Weiss II" the enemy showed considerable weaker resistance than before in operation "Weiss I". A contributive decisive factor may have been the entirely insufficient ration situation and judging from the statement of prisoners, the lack of ammunition on the side of the partisans as a result of preceding fights.
And considering the deplorable clothing of the bandits, the icy Northwind which started in the beginning of operation "Weiss I" has proved the breaking up of the enemy's power of resistance. It has again been demonstrated just as during operation "Weiss I" that artisans are unable to resist a powerful attack effectively supported by heavy Infantry weapons. The following incident mentioned as an example shows that the Partisans have the full support of the Serbian population: During the advance from Javarusa - and then it gives its location on the map - (9 kilometers Southeast of Petrovac) about 60 women and children with three old men were encountered on M. Satornica near the group of houses, 1 kilometer Southwest of Kosa. Then there is a map reference. They were refugees from Kolunic South of Petrovac. When asked they stated that they had not as yet seen any Partisans near the place where they were located at present. They assured us that the terrain was free of Partisans. Thereupon one of the three old men received a pass permitting him to lead the refugees back to Kolunic on the following day.
Notwithstanding the seemingly reliable information, the saddle East of M. Satornica was not approached directly but from the Western Heights. Then they suddenly opened enemy fire of three light machine guns and about 100 enemy rifle men which came from the heights West of M. Satornica saddle (Rodici) was robbed of its effect; the ambush of the Partisans was about 1000 meters removed from the refugee group mentioned above. The enemy was attacked and repelled under losses.
Subsequently, the entire refugee group was shot to death. A boy admitted that the Partisans had been with the refugee group shortly before. A crumpled up identification stamp identifying him as a Communist functionary was found on the man who had received the pass permitting him to lead the refugees back.
Prisoners and deserters alleged as a matter of principle that they had been deported by the Partisans even though the place of origin was Montenegro or Dalmatia and they had on them weapons, hand grenades or ammunition.
Regarding the person of "Tito" the prisoners were only able to make very indefinite statements. They all agreed that he spoke a poor Serbian so that they believed him to be a Russian. The Priest of Bila (8 kilometers Southwest of Livno) claims that he recognized a certain acquaintance, namely Dr. Ribnik of Laibach, in the picture of Tito. They all agreed in their statements that numerous Jews are to be found among the followers of Tito.
And that concludes that document.
Turning now to page 20 of the German and 23 of the English, Document NOKW-920, it is offered as Prosecution's Exhibit 268. These are some excerpts from the War Diary of the First Mountain Division and contain various excerpts with reference to their activities. The first entry is for the 25th of April; the period covered is from March 27 to 29 June in 1943.
District Headquarters Mitrovica reports the arrest of three civilians without travel identifications at the station of Orljane by a Serbian State Guard Patrol on the 10th of April. Their search resulted in the finding of enemy propaganda writings and 1 pistol. The three arrested were turned over to the SD-Mitrovica. They were probably D.M. Propagandists.
21,20 hours the 54th Mountain Jaeger Battalion reports: on 25 April at noon a Communist band identifiable by the Soviet Star on the cap attacked Trnavci with 150 men armed with machine guns.
About 20.00 hours 3 kilometers North of Banje a certain State Guard Patrol met a group of 9 bandits. Three bandits were shot to death, four prisoners were brought in and turned over to the SD.
Entry for the 21st:
Reconnaissance plane reports at 08.40 hours:
In upper Tata valley and in the Moraca valley no enemy movement detected.
In the forenoon, conference of the I-c with the Chief of SD Mitrovic regarding problems of evacuation and treatment of political suspects. It is agreed with the SD that the Division will send such elements immediately to the SD in Mitrovica. The Division Ic will always receive copies of the interrogations. The flare Signal of Red Troops for dropping by parachute of which we were informed by the chief of SD will be announced to the regiments.
For the 23rd of May:
Report by Dr. Wunsch via 4th Regiment Division Brandenburg regarding the situation in the Sandzak and in the area of ProzrenPristina- Pec.
17 Civilian Prisoners are brought in by 99 Mountain Jaeger Regiment which had been taken in the area of the H.K.D. Only one of them could be proven to be a Communist while the others are to be considered politically innocent. Among other things, they state that Tito forces are alleged to be in the Jasopje Mountains about 5 to 6000 men strong.
For the 30th:
The Commander of German Troops in Croatia/Ic receives antiCommunists propaganda pamphlet of the Chetniks which has been found in sizeable quantities in Kolasin. The Division requests information as to whether this pamphlet may continue to be used for anti-Communist propaganda. The answer of the Commander of German Troops in Croatia Ic is negative.
On 1 June:
09.30 hours report of Mountain Signal Communication Detachment 54 concerning the wave of arrests carried out in the area of Kolasin.
The arrested persons will be sent to the SD via Field Gendarmerie troops 54. For details - see enclosure.
The Italian High Command Montenegro transmits to the Division a list of prices set on the heads of Chetnik and Communist leaders which is distributed as far as the companies.
THE PRESIDENT: We will take our afternoon recess at this time.
(A recess was taken.)
THE MARSHAL: Persons in the courtroom will please find their seats, The Tribunal is again in session.
THE PRESIDENT: You may proceed.
MR. DENNEY: If it please, Your Honors, turning to page -
First, Dr. Laternser has called my attention to page 12 of the German, page 15 of the English, which is Document NOKW-955, Exhibit 266 in evidence. At the bottom of the page under the paragraph numbered "2" the German word about which we have had some discussion, "standrechlich" appears and it appears in your Honors' document book as "summary court martial" and it should be "court martial". The word "summary" should be dropped.
Your Honors will recall it is on page 15 of the English, Document Book XI, page 12 of the German.
THE PRESIDENT: I think I should call to the attention of Dr. Laternser and to Mr. Denney a communication which this Tribunal has received from Noah J. Jacobs, Chief of the Translation Branch, and I am referring it to both of you gentlemen for your consideration. If Dr. Laternser and Mr. Denney will confer on this matter, perhaps you can make some statement into the record.
Mr. Denney, do you and Dr. Laternser care to have some conference on this matter?
MR.DENNEY: I am perfectly agreeable to accepting the interpretation of the Chief of the -
THE PRESIDENT: I beg your pardon?
MR. DENNEY: If Your Honor pleases, I am willing to accept the translation of the Chief of the Translation Branch. Perhaps Dr. Laternser would like to say something.
DR. LATERNSER: Your Honor the under figure "1" of the communication of the 25th of July, suggested translation is agreeable to me: that is, the suggestion of this translator.
THE PRESIDENT: May the Tribunal therefore suggest that this letter be read into the record?
MR. DENNEY: If Your Honor pleases -
DR. LATERNSER: I don't have anything to add. I am satisfied with the translation of the interpretor.
THE PRESIDENT: For the purposes of the record, it is stated that Dr. Laternser and Mr. Denney have agreed that the statement as incorporated in the latter which has been received by this Tribunal may be read into the record at this time as being a correct translation of the words in question.
MR. DENNEY: In order that it may be thoroughly clear on the record, I would suggest that both the German and the English be read into the record, if your Honors are agreeable.
THE PRESIDENT: It is so ordered.
MR. DENNEY: I shall read the English and I think someone more proficient than I am in German had better read that so perhaps Dr. Laternser will be good enough to do that after I finish this or, if he would like to precede me, it is perfectly agreeable to me.
THE PRESIDENT: The interpreters now have the letter and it is suggested they read first the English and then read the German.
Mr. DENNEY: This is a communication dated 25 July 1947 from the Chief of the Translation Branch of the Language Division of the Office of Chief of Counsel for War Crimes, APO 696-A.
"Memorandum. Subject: Translation of 'Standrecht." That's spelled S t a n d r e c h t. The communication is addressed to the "Honorable J. Wennerstrum, Presiding Judge, Military Tribunal Number V", and is from "Mr. N.J. Jacobs, Chief, Translation Branch":
"1. According to expert opinion, "Standrechtlich erschossen" s t a n d r e c h t l i c h e r s c h o s s e n", should be translated "shot after having been sentenced by a summary court martial".