, rather than on the people themselves. But we hardly ever found any of the perpetrators because these attacks were mostly carried out at night or in districts which were so isolated that there was scarely every anybody there who observed the deed.
Q. You don't know whether the attacks were carried out by organized partisan bands or simply by individual Serbs?
A. No, I don't know.
Q. Do you know how the investigations were conducted in trying to ascertain who the perpetrators of these attacks were?
A. No, we didn't learn anything about this in the unit. These investigations were affairs of the staffs who, of course, didn't have any obligation of information toward us, as the units concerned, and also only in a few cases could they find out anything at all.
Q. Which staffs did the investigating?
A. As far as I know, normally the so-called I-c, the divisional staffs, were concerned with the investigation of these kinds of acts, with regard to acts of sabotage etc. I assume this from the fact that the unit had the order to report these kinds of incidents as we called them to the I-c divisional staffs.
Q. Did you as adjutant to the Regimental Command see all the orders which the Regiment received and all the reports which came to the Regiment from the subordinate companies and battalions?
A. As far as they were not particularly confidential affairs of commanders, I normally heard about everything that happened in the battalion.
Q. You talked about an attack at Uzca--U-Z-C-A, I believed you spoiled it. How many German soldiers were killed in that attack?
A. None.
Q. None. The only German soldiers who were killed were killed in the attack near Topola?
A. Yes.
Q. You said that there were 22 German soldiers killed or wounded and 15 to 16 missing.
A. Yes.
Q. Do you know what became of Kerbler?
A. I met Kerbler later on at the end of my study leave. I think it was in April, 1943, at the replacement units which we had in Vienna. At that time he belonged to some company which was recovering.
Q. You haven't seen Kerbler since 1941, except for that one time that you met him there?
A. Yes.
Q. Was Kerbler a good friend of yours at the time of this atrocity near Topola?
A. No, he wasn't a friend. He was a member of the battalion. He was a corporal with whom I otherwise had no contact.
Q. About how long did you told to him about this atrocity?
A. As far as I remember I visited Kerbler in the hospital a comparatively short time after the attack, and perhaps I talked to him for about a quarter of an hour.
Q. You said the attack was, as far as you remember, on the 4th of October 1941--the attack on the German soldiers?
A. I think I said on the 2nd of October?
Q. The attack was on the 2nd of October, and you saw Kerbler in the hospital two or three days later?
A. No, not two or three days later. The first meeting with Kerbler was carried out by the company officer. I visited Kerbler later.
DR. LATERNSER: A misunderstanding must arise because of the translation which has just been made. The Witness said the first interrogation took place then, and this was translated as the "first meeting."
Of course, in this connection it would only seem as if this witness had his first meeting with Kerbler. Could this last question and answer be repeated so there will be no misunderstanding?
THE PRESIDENT: I feel that perhaps it should be repeated. I think we're all conscious of the fact that the task of the interrupting is not an easy task, and we 're all human, but we do want to be careful to get the correct translation, not only for the benefit of the Tribunal, but for all parties concerned. And may I suggest that you repeat the question and the answer be given slowly so that the Interpreters may have ample time to vige the proper translation.
MR. FENSTERMACHER: Yes, Your Honor.
BY MR. FENSTERMACHER:
Q. You said that the attack upon the German soldiers was on the 2nd of October 1941. When did you first talk to Kerbler about it?
A. I can't remember the exact date, but, as far as I remember, Kerbler was, first of all, sent to a hospital near the place of the attack, and then to Belgrade. And it was only there that when Kerbler had recovered a bit and could receive visitors that I visited him. I can't remember the exact date.
Q. Would you say that it was a week after the attack or two weeks or just a few days?
A. Well, I should think that it was certainly--well, perhaps around about a week later.
Q. Did you speak to him before you made up the report on the incident?
A. No, I only drew up the report, but this report didn't contain any details about how this shooting was carried out, but only the fact as such.
Q. Did you talk to any of the other survivors besides Kerbler?
A. Yes, I spoke with some of those men who had previously resisted capture and had returned unarmed to the company.
Q. Did you talk to any of the other survivors from the valley?
A. No, apart from Kerbler there weren't any other survivors in the valley. Only Kerbler had survived.
Q. And Kerbler told you that he lost consciousness after the first snot which was intentionally fired over the heads of the German prisoners?
A. Yes, that's how Kerbler described it.
Q. And when Kerbler resumed consciousness, as I understand it, he saw around him dead German soldiers?
A. As far as I remember Kerbler described it like this: He said that obviously only part of the men were dead, that is did not move any more. And Kerbler says that as he himself pretended to be dead, he saw how the two partisans who were carrying out the action went up to the ones who were obviously not dead and put a pistol to their heads and killed them off finally.
Q. Well, I take it that Kerbler could not actually see that if he was pretending to be dead?
A. No, but pretending to be dead he only laid there without moving. He told me that as he said through half-opened eyes he saw all this happening. And I can't say any more about it.
Q. I thought Kerbler had lost consciousness after the first volley. How could he remain conscious enough to see what was going on so far as the killings were concerned?
A. I personally imagine it like this: that Kerbler was brought to consciousness again by the second volley, which were the first death shots. That's how he described it to me at any rate.
Q. And, it was just a mistake on the part of the partisans that Kerbler himself was not finished off?
A. Yes. We regarded it as a lucky thing at that time.
Q. Was Kerbler quite clear about all the details in your fifteenminute conversation with him?
A. Yes, he told me everything, and presumably even in more detail than I have done it here. But I can also add that even before then, a through company officers, he made an official statement in an interrogation. And, therefore, he could remember the events better.
Q. It's been six years since you talked to Kerbler for fifteen minutes, Mr. Krage. Are you quite sure you remember everything he told you?
A I remember this incident of course quite well because this was a case which for my battalion, at least in our ideas, involved very high losses. And also it was unique, for the whole regiment. I don't know whether Kerbler told me other things, but in any case I remember the things he told me at that time and which I read in the minutes of the interrogation.
Q Have you talked to anybody else about this incident since it happened in 1941?
A It's clear that this incident, of course, was repeatedly talked about even in the officers circles.
Q How was it that you remember so well the number of German soldiers killed, missing, and wounded if that incident happened six years ago?
A The number of dead, of course, I remember because I took part in the burial of the twenty-two victims, and the number of missing and wounded at Usja I can estimate because all the repair units had about the same strength. And, first of all, the whole unit was missing. And the number of those missing at Topola can be seen from the fact that I know definitely that the Commando was about the strength of a platoon with an additional company.
Q Did he show you any reports in connection with this atrocity at Topola?
A No.
Q You said that you read the draft of the report on the atrocity because of a diary entry.
A I said that I remember the date of the attack, not the date of the report. This is just the date I don't know exactly. I only estimate it.
Q What kind of diary was that refreshed your recollection with respect to the date of the attack?
A It was a normal diary, a sort of a pocket book which one carries about.
Q Your own personal diary?
A Yes.
Q Do you still have that?
A No.
Q When did you last look at it?
A When I was on leave together with my wife, as far as there weren't any military secrets concerned, I usually discussed what had happened in the meantime, because my family was interested in it.
Q When did you last look at your diary?
A I really can't say any more.
Q Was it last week, last year, or in 1943?
A No, it was still during the war because I haven't this book any more, because I lost all my personal goods.
Q Was it 1943, 1944, or perhaps 1945?
A Certainly not in 1945 because I wasn't at home any longer then. I really don't know.
Q But in any event you remembered the date of the attack as the 2nd of October from having looked at the diary?
A I recall that it was the 2nd of October, and this can also be confirmed by the fact that this was a supply trip. That is, a trip in which the repair units on the sectors received their pay, amongst other things. And the German Wehrmacht always paid at the beginning of the month. And certainly it happened during the first days of October. I remember it the 2nd of October.
Q Well, you received an order to execute in reprisal -an order for 200 persons, 200 persons in reprisal for the Germans killed in the attack near Topola?
A Yes, this order went to the units concerned as far as I remember. Not very long previously a fundamental order of this kind had been issued.
Q What were the battalions that were subordinate to the 521st Signal Regiment at that time?
A There was a 1st Battalion and a 3rd Battalion which were employed in Greece, and then our Battalion which was near Belgrade. That is, in Serbia.
Q Do you remember the number of that Battalion?
A Which belonged to me? That was the 2nd Battalion.
Q Did. you ever hear of the 449th Corps Signal Battalion?
A I don't think there was a 449th Signal Regiment because the regiments all had 5 for the first number.
Q Do you know anything about the 342nd Division which was in Serbia at that time?
A No. We didn't have any contact with them. I didn't know.
Q Mr. Krage, would you look at this document which is NOKW.192 which has already been introduced in evidence as Exhibit 78 in Document Book III. This is on page 1 of the English and page 1 of the German. You will note, Mr. Krage, that this is an order of the Plenipotentiary Commanding General of Serbia who at that time was General Boehme and it is dated 4 October 1941, and its subject is "Reprisals for Horrible Murdering of German Soldiers by Communist Bandits." You will note to whom the order has been sent. It is the Chief of the Military Administration with the Commander of Serbia, 342nd Infantry Division, 449th Corps Signal Battalion. You will note the text of the order. "Twenty-one soldiers were tortured to death in a bestial manner on the 2nd of October, in a surprise attack on units of the Signal Regiment between Belgrade and Obrenovac. As reprisal and retaliation one hundred Serbian prisoners are to be shot at once for each murdered German soldier. The Chief of the Military Administration is requested to pick out twenty-one hundred inmates in the concentration camp Sabac in Belgrade, primarily Jews and Communists, and to fix place and time as well as burial place."
Now you. will note the reference to the shooting details. "The shooting details are to be formed from the 342nd Division for the Sabac concentration camp and from the 449th Corps Signal Battalion for the Belgrade concentration camp. They are to be furnished by the Chief of the Military Administration through the Plenipotentiary Commanding General of Serbia."
Did you ever receive an order similar to this?
A No, I don't know the order.
Q Now will you look at this document, NOKW-1211, which is Exhibit 79 in Document Book III?
DR. LATERNSER: Your Honor, I am sorry to interrupt, but if the order had been read through in its entirety, then it would have been easy to understand by everybody concerned. The copy of the order which I have, bears the handwritten note "Only ordered orally" on the 4th of October.
MR. FENSTERMACHER: I will be glad to read, the total part of the proceeding document for you, Mr. Krage. "The Chief of the Military Administration is requested to order the camp leaders to inform the prisoners of the reason for the shooting", and there is a pencilled note, "only verbally ordered", signed, "General of the Infantry".
BY MR. FENSTERMACHER:
Q You say you never received an order similar to that?
A I don't know the order at all. It was not directed to us.
Q I think you said earlier that you received an order to take reprisal measures at the ratio of one hundred to one, but that you could not remember whether you received that order in writing or whether only orally.
A I must put this right. The order went to the units concerned, and the company officer who carried out the executions had, as far as I remember, received all these orders and directives and the way in which the people should be shot, etc. He had received them from personal orders from the Commanding General or from the Military Administration. I don't know anymore today, but in itself it was so that the units concerned by reason of the OKW order should, first of all, shoot 2,200. That is as far as I remember.
Q Well, these two units that were concerned in carrying out the executions were subordinate to your regiment, were they not?
A Yes.
Q And you were the regimental adjutant. You saw all the reports which came to the regiment.
A I was the Battalion Adjutant.
Q I beg your pardon. Were the two companies who were involved subordinate to your particular Battalion?
A Yes.
Q And as Battalion Adjutant, you saw all the orders which came to the Battalion?
A Yes, on principle when they came in writing.
Q Now do you believe that no order for the companies which were subordinate to your Battalion to carry out an execution of twentyone hundred persons passed through your Battalion Office?
A Presumably, I assume that if it had come in writing and was not, as I said, a special commander affair, then I would have seen it.
Q Was it customary, Mr. Krage, for General Boehme, who was a Lt. General, to issue orders directly to company commanders, who, I take it, were only captains?
A No. I also assume that it was like this: The order of the Commanding General did not go directly to the subordinate units, but I remember that the Battalion received the order to call the company officer for a personal conversation and for regulation of this matter to come to the Military Administration, or whatever it was, and then the matter was discussed.
Q You said that the persons executed were captured partisans?
A Yes, that is what I said. They were taken from a camp which was supposed to contain partisans who had been captured in the course of mopping up operations in the neighborhood of Belgrade.
Q How did you know that?
AAs far as I know, we found out about it by the fact that the company officer reported - I don't think I am wrong -- that he had to collect these people from a camp in or near Belgrade and that this kind of capturing of hostages took place - this was well known because the actual participants in an attack or any kind of sabotage themselves were not very often captured at the spot.
Q Did you ever hear of Communists and Jews being held in hostage camps in Serbia?
A I remember that of course Communists and Jews were in camps, but merely because they were Jews or Communists or whether they were partisans, I don't know, of course.
Q Will you take a look at this document now, Mr. Krage, NOKW-1211which is Exhibit 79 at page 3 in the English and page 2 in the German document book. This is a report from the Commanding General Plenipotentiary in Serbia to the Armed Forces Commander, Southeast, and it is dated 9 October 1941. Under paragraph 3 you will notes "Execution by shooting of about 2000 Communists and Jews in reprisal for 22 murdered of the Second Battalion of the 521st Army Signal Communication Regiment in progress."
Do you know whether your Battalion and your regiment had previously sent a report to this effect to General Boehme?
A I have already said that as far as I remember, the company officer gave a report with regard to this, but when that was, I don't know anymore today.
Q Did ho give the report to the Battalion Commander?
A I saw this report, but whether it was addressed to the Battalion or to the military Commander through the Battalion, I don't know, of course, but I remember that I saw a report by the company officer.
Q Do you think it is a safe assumption that General Boehme is sending this report to the Armed Forces Commander Southeast, based upon a previous report which he has received from the company and the Battalion and the regiment involved?
A Yes. That was quite usual that such reports in the form of an enclosure were passed on. That is possible, but in this case I don't know.
Q Will you look at NOKW-497, Which is Exhibit 80 in Document Book III, page 4 of the English and page 3 of the German. You will note, Mr. Krage, that this is an order from the Plenipotentiary Commanding General in Serbia. The subject is "Reprisal measures for 22 fallen members of the 2nd Battalion, 521st Signal Regiment."
Was the 2nd Battalion the one to which you were attached?
A Yes.
Q And it is directed to the Senior Signal Officer in Serbia, end it says:
"It is requested that a final report concerning the execution of the reprisal measures be presented; that the 2nd Battalion, 521st Signal Regiment be ordered to submit reports only through channels."
Now do you recall what report was sent by you in compliance with this order?
A I cannot say. It is possible that if we received the order that I also assume that it was carried out.
Q Mr. Krage, you say that so far as you know, only between four and five hundred persons were shot in reprisal for the death of the German soldiers at Topola.
A Yes, from our battalion.
Q Did your battalion leave that area shortly around the 9th or 10th of October, do you know?
A My battalion left the area? No, the battalion remained in the Belgrade area.
Q But the two companies who were supposed to carry out the executions, did they leave the area?
A No.
Q They wore just told that they did not have to carry out any further executions.
A Yes. It was reported that we couldn't carry out any further executions, and then they were stopped, I don't remember any other executions.
Q And I think you said that the reason the executions were stopped is because the men in the execution detail from the two companies involved couldn't take the shooting any longer from a psychological standpoint.
A Yes. I remember that the company officer told the battalion commander this, and that other commandos would not be made available because there were no people on account of tho work they had in the Signal Service Center.
Q What was the psychological handicap confronting the German soldiers who were members of the execution squads?
A You can imagine that the companies concerned and, of course, the members of the execution squads, by the loss of their comrades were naturally in rather a state of excitement and at the beginning, had a certain feeling of revenge in carrying out these executions. We, of course, were not fighting units and therefore had not been accustomed to death and that kind of thing especially at the beginning. I can imagine that for every one of the men taking part, at least in the second execution, from pure human feelings didn't carry it out with any particular pleasure.
Q Did all the members of the two companies involved participate in the execution?
A No. This was not possible. Other parts, of course, had to look after the headquarters affairs, etc., guards, etc., and company service, and just those people who were available at that time were used, and these were mostly the same.
Q Do you know how many men were on the execution details from each company?
A I should think that the whole squad was about the size of a platoon, that is, about fifty men, but I don't know the figure with certainty.
Q Do you know any details about the execution, where it was carried out, what happened to the bodies of the dead men?
A I don't know details because I didn't observe it. I remember that, as I have said, it took place on two separate days, I think in two separate places, too, that there was a doctor present and that the people had been told beforehand why they were being shot.
Q What was the name of your regimental commander at that time?
A If I remember correctly at that time the regimental commander was not in the Balkans. I think he was represented by the so-called Major with the staff. I think it was a Major Foerster who was a Major with the staff.
Q And what was the name of your battalion commander?
A The battalion commander at that time was Major Devigneau.
Q Is a man named Pongruber familiar to you?
A Pongruber? I remember a Signal Officer called Pongruber who, so far as I know, was commander of a Corps Signal Battalion. I think I met him once during the Creek campaign, Major Pongruber.
Q Did he have command of a battalion that was subordinate to your regiment, the 521st Signal Regiment?
A No. We had nothing to do with the Corps Signal Battalion of Major Pongruber.
Q Is a 1st Lt. Liep, L-i-e-p, known to you?
A Yes. That was a company officer of one of the companies concerned. This was the third company.
Q Did you ever hear of a 2nd Lt. Lau, H-a-u?
A Lt. Hau? No, I don't remember. He was not a member of my regiment and apart from that I haven't met him.
DR. LATERNSER: Your Honor, I don't know whether the name came through correctly. I don't want a misunderstanding to arise.
BY MR. FENSTERMACHER:
Q I asked you, Mr. Krage, if you knew 2nd Lt. Lau, H-a-u?
A Hau? No.
Q Mr. Krage, will you look now at NOKW-497. I think you have it right with you. This is on page 6 of the English document book and page 4 of the German or with the same exhibit number 80. You will note there, Mr. Krage, that this is a report from the 2nd Battalion, 521st Signal Regiment. I believe that is your battalion.
A. Yes, that is my battalion.
Q And you will note the text:
Q The battalion presents as a supplement to the reports about Communist bandit surprise attack, a report concerning the shootings of Jews, which have been carried out. Further shootings could not be carried out by the battalion, since an allocation of men was impossible on account of their being utilized for reestablishment of the telephone lines from Sabac to Loznica.
The Pongruber Corps Signal Battalion was charged by Col. Wurster with the carrying out of further executions," and the report is signed "Major and Battalion Commander".
Now I assume that that report passed through your hands since you were the battalion adjutant?
A Yes.
Q And you will note that the report talks about the shootings of Jews. It says nothing about the shooting of captured partisans.
A Of course, I can't say anything especial about this today. There is quite a possibility that the most important part it must be seen from the report of Lt. Liepe, as far as it exists today, whether they were Communists or Jews or partisans in general. The expression as such from that time was used for briefness, and certainly Jews were among them. Otherwise they wouldn't be mentioned in this report.
Q You think the word "Jews" was used as a shorter way of saying "captured partisans"?
A The order spoke on the first page about Jews and Communists and, therefore, I assume that is how the expression arose in this order, but I can't say if there were only Jews there. I wasn't there, and I really don't know, I can't remember in detail why the word "Jews" was used here.
Q But even though this report went through your hands, you could recollect nothing when asked by Dr. Laternser about the execution of Jews in reprisal for the death of German soldiers. You could only remember that captured partisans were killed.
DR. LATERNSER: That is not correct, Your Honor. I don't remember that I asked the witness anything of this kind.
THE WITNESS: I myself remember only -
THE PRESIDENT: Just a moment, please, I think the question may be continued. The witness will be able to protect himself if he has been misquoted or if the question has been misquoted.
A You may proceed.
A I remember that I said that I was asked from where the people were taken and then as far as I remember I answered that they were taken from a hostage camp in or near Belgrade, and that as far as I know the people were captured partisans.
The express question whether they were Jews or Communists or only Jews, I can't remember this.
Q Now you will note in the second paragraph, Mr. Krage, it says that
THE PRESIDENT: Just a minute, please. We will take our morning recess at this time.
THE MARSHALL: The Court will be in recess for fifteen minutes.
(A recess was taken.)
THE MARSHAL: Persons in the Courtroom please find their seats.
The Tribunal is again in session.
THE PRESIDENT: You may proceed with the cross examination.
CROSS EXAMINATION (Continued) BY MR. FENSTERMACHER:
Q Thank you, your Honor. Mr. Krage, we were looking at the report of your battalion which you will find there on page two of Document NOKW-497 which is Exhibit No. 80, page 6 of the English and page 4 of the German document book. You will note, Mr. Krage, that the second paragraph states that further shootings could not be carried out by the battalion because the allocation of men was impossible on account of their being utilized for the reestablishment of the telephone lines Sabac to Losnica.
It doesn't say anything about the shootings having been called off because of the psychological factor involved with the German execution squads.
A I have already said that I recall that the Company at least made this report. But I also said that other enlisted men than those who had taken part in the execution were not at our disposal. I explain the fact that one of the reasons which I gave has not been given here simply by the fact that this reason - that the company was used was a reason which released the company from a continuation of the executions in any case since the works which have already been mentioned here were a matter of communication lines which had to precede any execution.
Q You say then that there were several reasons why the shootings were called off, one being the psychological factor and another being that the companies involved were needed to re-establish telephone wires.
A Yes. That is how I imagine that to be and that is how I recall it.
Q Now will you look at the last paragraph? It says there that the Pongruber Corps Signal Battalion was charged by Col. Wurster with carrying cut of further executions. I believe you have identified Col. Wurster as Commander of the 521st Signal Regiment at that time.
A No. Col. Wurster was not the Commander of the Signal Regiment. He was the so-called Higher Signal Officer with the Armed Forces Commander Serbia. He was the Signal expert of the Commanding General and we were territorially subordinate to him as I have mentioned, and supposedly also the Corps Signal Battalion of Pongruber was also subordinate to him since such an order would remain inexplicable to me. But Col. Wurster was not regimental commander.
Q I think you said earlier that you didn't know who Pongruber was?
A I said I know Col. Pongruber as Commander of a Coprs Signal Battalion and I remember the first meeting with him in Greece.
Q Are you sure Pongruber was in Serbia at this time?
A I also recall that a Corps Signal Battalion was stationed in Serbia and I remember that because we, at the beginning of June - that is when we first arrived in Serbia -- made contact with this battalion because we took over some of their quarters. It must have been the battalion Pongruber.
Q This report, as I understand it, means that Col. Wurster who was with the Commander of Serbia gave an order to the Pongruber Corps Signal Battalion to carry out further executions and that your Battalion Commander had information to that effect.