DR. LATERNSER: I have no further questions to the witness but I would like to make a motion. Your Honors, I know that the translation of the answers of the witness has been very difficult and I would like to submit the following to the Tribunal. I have checked during the second part of the morning session the translation of the cross examination and I found that partly the translation did not keep up and partly it was not correct in sense. I would, therefore, move that the English transcript for the second part of the morning session should be made on the basis of the German transcript -- that is, as proper translation of the German transcript into the English language. For the second morning session. While the cross examination was going on I did not want to interrupt and I think that with this motion I am safeguarding the rights of my clients sufficiently.
MR. FENSTERMACHER: We have no objection to that, of course, your Honors, except that I believe if there is going to be any comparison done it ought to be not with the German transcript but rather with the sound track.
DR. LATERNSER: Yes, that is agreeable to me.
PRESIDENT JUDGE CARTER: I am sure if it is agreeable to counsel it is agreeable to the Tribunal to have it done that way.
DR. LATERNSER: I have no further questions to put then.
MR. FENSTERMACHER: May I ask just one more question, your Honors?
RECROSS EXAMINATION BY MR. FENSTERMACHER:
Q. Dr. Ibbeken, what is your present occupation?
A. I am in charge of an institute for tuberculosis and I am in the administration of that institute.
PRESIDING JUDGE CARTER: Any further redirect examination by any of the defense? If not, the witness will be excused.
DR. LATERNSER: Your Honors, I would like to alter the already mentioned sequence of the examination of witnesses and I would like to call the witness von Sydow who has for some time been approved by the Tribunal. I will make that examination very short because the witness has to leave Nurnberg tonight for professional reasons and I would like to take that into consideration. I am now calling the witness von Sydow.
PRESIDING JUDGE CARTER: The witness will be sworn.
I swear by God, the Almighty and Omniscient, that I will speak the pure truth and will withhold and add nothing.
(The witness repeated the oath).
PRESIDING JUDGE CARTER: Your may be seated.
DIRECT EXAMINATION BY DR. LATERNSER (Counsel for defendants List and von Weichs)
Q. Will you please give the Tribunal your full name?
A. Friedrich Adolf von Sydow.
Q. Will you please spell your surname?
A. S y d o w .
Q. When and where were you born?
A. On the 17th of July 1891 in Berlin.
Q. Were you a major in the German armed forces?
A. Yes.
Q. Herr von Sydow, I ask you to wait with the answer of my question until the question is translated -that is, make a short pause in between.
Did you participate in the campaign against Jugoslavia?
A. Yes.
Q. In what capacity?
A. I was commander of a security battalion.
Q. And where were you when the campaign ended?
A. In Kosmitrovica Pristina.
Q. What task did your battalion have after the campaign was concluded?
A. The Securing of military installations.
Q. And in what area, quite generally speaking, were the units of your battalion stationed?
A. The staff and two companies were in Uzice. One company was in Kosmitrovica and one company was in Sabac. One company was in Semendria, later Pancevo, and one company in Semlin.
Q. Mr. von Sydow, when did the first major sabotage act occur?
A. Roughly about August in Semendria.
Q. And what was concerned in this occurrence? What happened?
A. A Serbian ammunition depot was blasted.
Q. Who carried out that attack?
A. Partisans.
Q. What were the consequences of this attack?
A. Losses of our own troops and of the civilian population, destruction of houses.
Q. After that attack, were reprisal measures carried out,
A. No.
Q. How do you know that so exactly?
A. Shortly after the blasting of the ammunition depot I personally talked to the then military commander, General von Schroeder and to his chief of staff.
Q. What was the attitude of the civilian population after the attack?
A. They were frightened but quiet.
Q. What did the mayor do after the attack?
A. The mayor sent a letter of thanks for the fact that the men of the company had helped rescuing the civilians who were buried on the ruins.
Q. When was that attack which we just discussed?
A. In my opinion, it was in August 1941.
Q. What then was the further situation in August 1941?
A. Isolated partisan attacks in the area of Valjevo, Krupanj.
Q. Where was your battalion at that time?
A. In uzica.
Q. To whom were you subordinate?
A. At that moment we were subordinate to the military Commander of Serbia.
Q. What orders did you receive on the basis of this partisan situation?
A. The units stationed in Uzica were to transfer to Kraljevo.
Q. Did you do that then?
A. Yes, indeed.
Q. What happened when you transferred to Kraljevo?
A. Up to Pocega there was no moving up on the part of the partisans. After Pocega up until Cacak there were surprise attacks, amongst them, before Cacak, one from a monastery.
Q. When you retreated you were shot at from a monastery?
A. Yes.
Q. What reprisals were taken against the monastery?
A. None.
Q And where did you retread to?
A We retreated towards Kraljevo.
Q What report did you receive after your arrival in Kraljevo? K-r-a-l-j-e-v-o?
A In Milanovac there was supposed to be a company of a security battalion which was cut off and which was supposed to be relieved.
Q What did you do subsequent to that order?
A The Commander of the Sector Kraljevo gave me the order to carry out that relief action.
Q The company was cut off in Milanovac, if I understood you correctly?
A Yes, in Milanovac.
Q Did you then march towards Milanovac?
A Yes.
Q How was the situation there?
A We arrived in Milanovac in the morning through the western exit. At first we established a following.
Q I believe you can talk a little faster.
A We first established a following. Apparently Milanovac had been evacuated of all civilian population. We secondly established on the market place, there were nailed three or four German soldiers on the doors of barns and houses.
Q Herr von Sydow, were these soldiers still alive?
A Three were still alive. Their palms were turned up an iron nails were driven through them. When we further marched through the town up to the quarters of the company, which was an old Serbian barrack, we found further five or maybe 7 nailed soldiers, of whom about four or five were still alive. In a barn we found four dead soldiers.
Q What did you do on the basis of these findings?
A We took these nine nailed people down immediately and started an investigation and searched the town. And we buried the fallen soldiers.
Q At that time did you carry out reprisal measures of any kind?
A No.
Q How did the band situation develop later on?
A There were four partisan districts clearly recognizable. The first one was around Rudnik; the second one was around Cacak; and the third one was around Novibazar; and the fourth one was around Lochnica.
Q And where were you with your unit, or with your staff?
A In Kraljevo.
Q What effect did this band situation have on the situation in Kraljevo?
A The partisans attacked now on several occasions. They had four big guns and two tanks.
Q What kind of tanks were they?
A Hotchkiss. That is, probably Serbian weapons -Serbian tanks.
Q At that time did the civilian population of Kraljevo till its fields?
A It was no longer possible to till the fields.
Q What did you do to make it possible?
A Since the food situation of the civilian population became very difficult, the Section Commander permitted about one hundred woman to till the fields South of Morava and to harvest them. That was done in the following manner. Three clergymen, with raised crucifixes and very few German guards, wont out to the fields. After a short while the people came back because they were shot at by partisans. One of the clergymen was wounded.
Q What was your commission a short while after that?
AAllegedly on a highway North-West of Kragujevac there was a truck and a civilian car had been attacked and we were supposed to find out what had happened.
Q Did you go to the spot where the attack took place?
A Yes, indeed.
Q. What did you find there?
A One of the soldiers was dead, three or four men were there, three of whom were alive and were castrated while still conscious.
Q You yourself saw that?
A Yes, indeed.
Q I want to add something to the incident which you described in Milanovac. Did you personally see that German soldiers were nailed to doors of barns while alive?
A Yes, indeed.
Q Now, what order did you receive on the basis of the occurrence which you described last? That is the story of the truck?
A I beg your pardon?
Q On the occasion of this occurrence were reprisal measures ordered?
AAt the occasion of the officers' mooting in Kraljevo it was announced that as a result of the occurrences reprisal measures were to be taken.
Q Just a minute, Herr von Sydow. How high were the own losses?
A You mean in the whole time of Kraljevo?
Q Yes.
A You mean in the occupation of Kraljevo? Three hundred men.
Q Now what order did you receive concerning reprisal measures?
A Reprisal measures were to be carried out in the ratio of one to ten.
Q Who was commissioned with the carrying out of these reprisal measures?
A The Commander of the Sector.
Q And how many persons were actually executed?
A Roughly three hundred.
Q How do you know that.
A From an officers' meeting.
Q What was reported to higher headquarters.
AAccording to the information which we had the actual figure of three hundred.
Q Was this figure regarded as too low?
A That is not known to me.
Q For how long were you in Kraljevo?
AApproximately six to eight weeks.
Q Until when was that?
A From the end of September, beginning of October, up until about the end of November.
Q During that time were any further shootings carried out?
A Not that I know of.
Q Where were the German victims buried?
A In a cemetery, roughly about one kilometer northwest of Kraljevo.
Q And where were the Serbs who were shot buried?
A Near a factory in Kraljevo.
Q Can that today be still checked?
A Yes.
Q At that time were woman shot?
A I do not know anything about that.
Q We have here a report, according to which in Kraljevo about that time, 1786 Serbs and 19 women were allegedly shot. That is on the 17th of October. Were you, at that time, in Kraljevo?
A Yes.
Q And how many were shot during that time?
A Roughly three hundred.
Q How long did you remain in the Balkans?
A Up till November, 1941.
Q And where did you go then?
A I came to the Tank Troop School in Wuensdorf for a training course.
PRESIDING JUDGE CARTER: We will take our afternoon recess at this time.
(A recess was taken.)
THE MARSHALL: Persons in the Courtroom will please find their seats.
The Tribunal is again in session.
DIRECT EXAMINATION BY DR. LATERNSER:
Q Herr von Sedow, you have just said before the recess that you -- I think it was 1942 -- came to Wuensdorf, and then what else did you do during the war?
A In 1942, for a time I was commander of an anti-tank and reconnaissance battalion in the West. And then I was commander of a heavy anti-tank battalion in the East and combat group commander in the East until July, 1943.
Q What happened then?
A In July, 1943, a report was given about me from a company office to the effect that from the 30th of April, 34, according to a court martial ruling I was dismissed from the army because of insufficient National Socialist attitude.
Q Then how long were you out of office?
A Until the 13th of February, 1945.
Q And then you were employed again?
A Yes.
Q When?
A On the 13th of February, 1945, at the instigation of Panzer Army High Command III, through the competent army district command Goerlitz I was called up again.
Q And then how were you used - in which position?
A First of all South of Guger (?) as Sector Commander, in the 41st Tank Corps, and then until the end as Combat Group Commander in the 48th Tank Corps.
Q Now a last question. During the war, did you got any decorations?
A Bar to the War Service Gross, Second Class, and Bar to the Iron Cross, First Class and Second Class, and the Golden Cross.
Q I have no further questions.
PRESIDING JUDGE CARTER: Any questions by any other defense counsel?
If not, you may cross-examine.
CROSS EXAMINATION BY MR. FENSTERMACHER:
Q Witness, when did you join the army?
A In 1934. I became reactive.
Q What was your rank at that time?
A Captain.
Q When did you become a Major?
A First of January, 1939.
Q Were you ever promoted after that?
A No more after that.
Q When was it you were dismissed from the army?
A On the 30th of April 1934.
Q And you rejoined the army at what date?
A 13th of February, 1945.
Q Did you join the party in the meantime?
A No.
Q When did you first go to Yugoslavia?
A The fifth of April, 1941.
Q You left Yugoslavia when?
AAround about the end of November, 1941.
Q What division were you in?
A The Security Battalion was subordinate first of all to a Commander Mott. I don't know the number any longer.
Q Do you know what army that division belonged to?
A Weich's Army.
Q Which army was that?
A I didn't understand. It was for the advance on Belgrade.
Q Do you know the number of the army?
A No, I don't know the number.
Q You don't recall details of that nature very well any more?
A No.
Q You have testified, I believe, to about three individual attacks upon German troops. When was the first one?
I believe you said August, 1941.
A I think it was August, 1941.
Q And where did that attack take place?
A In the arca Valjevo-Krupanj.
Q Who was responsible for that attack?
A The partisans.
Q Which partisans?
A From the area West of Valjevo.
Q Do you know to which group those partisans belonged?
A Mihajlovic.
Q They were Cetniks then?
A I can't say.
Q How did you know the partisans were responsible for the attacks?
A Well, nothing else came into the question.
Q Did you investigate to see who made the attack?
A Personally, no.
Q Could it have been a few isolated individuals that made the attack?
A I don't think so.
Q You believe it was made by a regular band of partisans?
A Please would you repeat the question?
(question was repeated by the interpreter.)
A Yes.
Q But you are not sure?
A No.
Q And you say no reprisal measures were taken following that attack?
A Yes.
Q When was the next attack that you recall?
A On the retreat from Uzica to Kraljevo.
Q And when was the attack?
A End of August, middle of September, round about that time.
Q I believe you said that attack was made from a monastery?
AAmongst other things, from a monastery.
Q How many German soldiers were killed in those two attacks?
A I don't know the total sum.
Q Could you give a guess?
A No.
Q Do you know whether it was five or whether at was a hundred or whether it was a thousand?
A No. It wasn't a high figure.
Q And you took no reprisal measures after that attack either?
A Reprisal measures? No. But a counter-attack, yes.
Q Didn't you expect that attacks of this nature would continue and increase unless you took reprisal measures?
A Yes.
Q Then why weren't they taken?
A I don't know.
DR. LATERNSER: The last question wasn't admissible in the form in which it was made, because the witness didn't say anything at all about reprisal measures. I remember that the question was put like this: did you assume that the activity of the partisans would have become greater if no reprisal measures had been taken? The witness hasn't said anything about this up till now.
PRESIDING JUDGE CARTER: Overruled.
BY MR. FERNSTEMACHER:
Q I believe you answered, witness, to the effect that you did not know why reprisal measures were not taken?
A Yes.
Q Now then, I believe you said something about an attack at Milanovac?
A Yes.
Q Do you recall the date of that?
A September-October.
Q Who was responsible for that attack?
AAlso partisans.
Q Which partisans?
A Presumably from the district of Rodnik.
Q Do you know to what group they belonged?
A No.
Q Do you know whether there was an investigation carried out to ascertain who was responsible for that attack?
A No, I don't know.
Q Do you know how many German soldiers were killed in that attack?
A It was stated that in Milanovac about 40 to 60 soldiers were killed.
Q Did you see any of the killed soldiers yourself?
A Please repeat the question.
(The question was repeated by the interpreter.)
A Yes.
Q How many did you see?
AApart from the ones nailed up, about seven to eight.
Q Did you see any reports stating that 40 to 60 were killed?
A No.
Q So far as you personally know, there were only seven or eight killed?
A Yes.
Q Were any reprisal measures taken in retaliation for the killing of those soldiers?
A No.
Q Do you know why?
A No.
Q Now then Kraljevo--do you know when the attack in Kraljevo took place.
A I think the beginning of October.
Q How many Germans were killed in that attack?
AApproximately 300.
Q How many did you yourself see?
A I don't know the number any more.
Q Did you see some yourself?
A Yes.
Q Did you see any reports stating that 300 were killed?
A No.
Q Were retaliation measures taken in reprisal for that attack?
A In Kraljevo, reprisal measures were taken but not only for this attack alone.
Q For what other attacks were they also taken?
A I assume that general incidents, atrocities, played a part in this as well.
Q Atrocities committed where and when? And on whom?
A In Milanovac and then an attack northwest of Kragujevac.
Q Do you mean that then in retaliation for an attack at Milanovac and at Kragujevac as well as for the attack in Kraljevo, reprisal measures were taken?
A Yes, I assume that.
Q They were taken then not simply for the attack at Kraljevo but for other attacks which had occurred earlier?
A Yes, I assume that.
Q Now do you know to what unit the German soldiers who were killed at Kraljevo belonged?
A To a regiment whose divisional staff was in Niz or Scoplje, No. 700 as far as I remember. I can't remember a further number.
Q Could it have been the 521 Signal Battalion?
A No.
Q What reprisal measures were taken in retaliation for the death of these, as you say, 300 German soldiers?
A In Kraljevo, approximately 300 Serbs were shot.
Q I believe you said that you had received an order to take retaliation measures at the rate of ten to one.
A The order for carrying out reprisal measures was given through the Sector Commander. What measure and why wasn't known to me.
Q Did you yourself ever receive an order to take execution measures at the rate of ten to one?
A No.
Q Do you know anybody who did get that order?
A I only know that in an officers' conference, this figure was mentioned.
Q Was it mentioned in that conference that an order had been received by one of the participants in the conference to the effect that he should take reprisal measures at the ratio of ten to one?
A Please, would you repeat the question?
(The question was repeated by the interpreter.)
A The Sector Commander.
Q Was it mentioned in the conference by the Sector Commander that he had carried out that order?
A No, it was mentioned that three hundred, approximately, were to be shot.
Q Did the Sector Commander give any explanation to why he was disobeying an order?
A No.
Q But you are quite sure that only 300 Serbs were executed in reprisal for the death of 300 Germans?
A Yes.
Q You said that you left Yugoslavia in November of 1941?
A Yes.
Q Did you ever hear anything to the effect that 1700 odd persons were killed at Kraljevo in retaliation for the death of German soldiers?
A No.
Q Did you ever hear that in October, 1941, 2100 Serbs were killed in retaliation for the death of German soldiers at Kragujevac?
A No.
Q Did you ever hear in October 1941 that over 2,000 Serbs were killed in retaliation for the death of German soldiers at Valjevo?
A No.
Q Did you ever hear anything about the taking and execution of hostages while you were in Yugoslavia?
AAlso unknown to me.
DR. LATERNSER: Your Honor, I object to this manner of questioning. In this way, the prosecution makes the witness his own witness. The cross-examination must refer to the direct examination. I object to this.
PRESIDING JUDGE CARTER: It will be overruled. I think he has a right to test the knowledge of the witness about what was going on at that particular time.
Q Witness, I believe you said you never heard about the execution of hostages so long as you were in Serbia?
A Please repeat the question.
Q Did you ever hear about the execution of hostages while you were in Yugoslavia between April and November 1941?
A No, I heard nothing about it.
Q Did you hear anything about concentration camps in Serbia?
A No.
Q Did you ever hear anything about the burning of villages in reprisal for attacks on German troops?
AAs reprisal, no.
Q Are you sure you were in Yugoslavia, witness?
A Beg pardon. Please, would you repeat it? - Oh, yes.
MR. FENSTERMACHER: I have no further questions.
REDIRECT EXAMINATION BY DR. LATERNSER:
Q Herr von Svedow, just one more point. You have been asked by the Prosecution what you think was the cause of these attacks, and you said that they were caused by Partisans, did you ever captured an order of the Partisans at that time?
A In Kraljevo two orders of the Partisans were found on a dead Partisan leader.
Q What was in these orders?
A In the first order where was a reference to the fact that the blowing up of the munitions depot at that time had been caused by the Partisans. In the second order it was directed that German soldiers who were captured were to be mutilated and were to be sent back.
Q And what was done with this second order which ordered the mutilation of German soldiers?
A The second order was not announced outside the officers circle.
Q It was only announced to the officers?
A Yes.
Q Do you know why it wasn't passed on to the troops and noncommissioned officers?
A In order not to scare them.
Q Were there any other reasons?
A No.
DR. LATERNSER: I have no further questions.
JUDGE CARTER: Any further questions to this witness?
Do the defense have any further questions? Anything further Mr. Fenstermacher?
MR. FENSTERMACHER: No further questions, Your Honor.
JUDGE CARTER: The witness will be excused.
(witness excused.)
DR. LATERNSER: I will now call as next witness Herbert Krage.
JUDGE CARTER: The Marshal will call the witness.
HERBERT KRAGE, a witness took the stand and testified as follows:
JUDGE CARTER: The witness will raise his hand and be sworn. Will you repeat this oath after me:
I swear by God, the Almighty and Omniscient, that I will speak the pure truth and will add and withhold nothing.
(the witness repeated the oath.)
JUDGE CARTER: You may sit down.
DIRECT EXAMINATION BY DR. LATERNSER:
Q Will you please state your full name?
A I am called Herbert Krage.
Q Would you please spell your surname?
A K-r-a-g-e.