THE MARSHAL: Persons in the Courtroom will please find their seats.
The Tribunal is again in session.
MR. RAPP: If your Honors please, I would like to shortly refer to Exhibit 11 which was offered by Dr. Sauter, Document No. 13 on page 39. The affiant, Dr. Feine -
JUDGE BURKE: Is that Document Book No. 1?
MR. RAPP: That is Document Book No. 1.
JUDGE BURKE: My Document Book No. 1 was not paginated, so -
MR. RAPP: The same here, your Honor. It is Document No. 13.
JUDGE BURKE: What is the page number?
MR. RAPP: It has no page, your Honor. Mine is not paginated either.
JUDGE BURKE: What is the number of it?
MR. RAPP: The Document Number is No. 13. The affiant is Dr. Feine from Bremen. I am just wondering -- I checked up on this particular man during the recess. I wasn't quite sure and I found out that he is the same Dr. Feine who appeared before this Tribunal as a witness, I believe, for the defendant List. I am just wondering why Dr. Sauter at that time didn't examine the witness Feine about the points which he is now covering in this particular affidavit and I would in view of this have the Tribunal reconsider the admission of this particular document.
THE PRESIDENT: The counsel has seen fit to make use of this witness in this manner -- it seems to me that is within his province, is it not?
MR. RAPP: It is, of course, within his province if the Tribunal rules that way, your Honor, and whatever the Tribunal rules, I of course accept. However, it seemed to me under the rule of best evidence at that time if Dr. Sauter had in mind to use this witness he could have examined him at that time when he appeared before this Court, and I am merely calling this to the attention of the Tribunal because we will, I am sure, run into similar circumstances, and the Tribunal is always affording other defense counsels an opportunity to interrogate these witnesses for their own clients.
They are being passed up at that time and later on these witnesses after they have left are given affidavits.
TEE PRESIDENT: This witness is not here now. Are you making an objection to this?
MR. RAPP: I am not making an objection, your Honor. I merely like to call this to the Tribunal's attention and feel that possibly it may be beneficial for all concerned if the Tribunal would make some kind of a ruling that if a witness has appeared here and the defense counsel had the opportunity to examine the witness at that time, that an affidavit produced by the same witness at a later time should not be admitted in view of these conditions.
THE PRESIDENT: The affidavit will be received in its present form and I see no necessity, there being no motion to strike or any necessity to rule, it seems to me at this time. This is presented in its regular form.
MR. RAPP: Then I merely ask the Tribunal to take judicial notice of the fact that the witness has been here in Nurnberg before this Tribunal and was examined on behalf of the defendant List and that the counsel for defendant Geitner at that time obviously did not avail himself of the opportunity to talk to the witness.
THE PRESIDENT: Very well. Proceed.
DR. SAUTER: If it please the Tribunal, I shall now turn to Document Book II for Geitner. This Book II contains documents Geitner 31 to 53. These affidavits mainly concern--to anticipate this--bandit groups in Serbia, their organization and equipment and their method of warfare, and by these affidavits a contribution is to be made to help the court decide the question whether or not these partisan units were to be regarded as a regular army. We thought it important if the Tribunal please, to stress such facts as can be confirmed by the witnesses, as their own observations in Serbia.
The first document in this book, which is Document No. 31, I shall not offer because this witness is a resident of Nurnberg, and therefore could be examined, should it be necessary.
The next document is Document No. 33, and I offer it as Exhibit 21, Geitner Exhibit 21, on page 7 of document book Geitner II. It originates from Brigadier General Wittmann, August Wittmann.
MR. RAPP: May I inquire what is happening to Document 32?
JUDGE CARTER: Thirty-three.
MR. RAPP: Yes, your Honor, I am aware of this. I am merely inquiring what is happening to Document 32. He is just not offering Document 31 and I am merely trying to find out whether Document 32 is not being offered; in my document book there is-
DR. SAUTER: I have withdrawn Document 32 previously and have therefore not offered it to the Court but I have--it was too late to alter the sequence of documents, which is the reason why Document 32 has been withdrawn.
MR. RAPP: I am sorry for this delay but I have received Document No. 32. Therefore, I wanted to inquire what happened to it.
THE PRESIDENT: It is not in our document book.
MR. RAPP: Yes, but it is in mine.
DR. SAUTER: Then it so happened that it is contained in one document book of the prosecution by mistake - but I will not offer the No. 32, I mean.
JUDGE BURKE: Dr. Sauter, what did you offer as Exhibit No. 20?
DR. SAUTER: Just a moment please. Exhibit No. 20 was Document No. 30.
MR. RAPP: Your Honor, Exhibit No. 20 has not been offered as yet. The last exhibit I have in Document Book No. 1 is Exhibit 19, is that correct, your Honor?
THE PRESIDENT: Well, when I came back here I had no 20 and I thought maybe I had missed out but I --
JUDGE CARTER: I show No. 30 as having been withdrawn.
DR. SAUTER: I beg your pardon, your Honor. Document 30 I have withdrawn, and the document which I offered just now, Document No. 33, will become Exhibit No. 20. It is to be found on page 7 of Geitner Document Book II. This is an affidavit by the former General Wittmann, August Wittmann. This affidavit has been duly sworn to and properly certified. It describes experiences made by General Wittmann in four years of war in the Balkans as a Regimental Commander and later on Divisional Commander, and it also gives his observations concerning the way the Germans conducted their warfare. In paragraph 1 on page 7 he deals first with the period from April, 1941, to October, 1941. I should appreciate it if these paragraphs could be taken judicial notice of and so there I need not read them verbatim, but I would like to read from page 9 in the Document Book II under II. Here the affiant says;
"From the middle of June until September 1943, I was posted in the Balkans at army groups E and F as general officer for special tasks.
In this capacity, I mainly served in the areas of Bosnic, northern Hontenegro, Northern Greece and Southern Dalmatia. In respect to this period and these areas, I am in a position to testify to the following facts on the basis of personal experiences:
"Even at that early period, the Tito sponsored communist partisan movement was terrorizing large areas of the Balkans by an organized resistance movement and a method of warfare completely inconsistent with international law, not allowing the masses of the population to enjoy the quiet they desired. They ruthlessly domineered those areas in which no national fighting organizations (Cetniks) were located or which were free of German troops. There, they carried our requisitions according to their current requirements, levied taxes, forcibly enrolled people into their fighting organizations, seized hostages, threatened those who did not serve their interest with compulsory measures, and persecuted those who tried to get along peacefully with the power of occupation.
Their particular hatred was directed against the Nationalists and the Moslems. These conditions were general at that time. The country was completely terrorized. It was not a matter of isolated incidents any longer.
"Wherever the German forces moved into these areas for their pacification, the bands, when falling back, removed the largest possible amount of property and persons, destroying, if there was time to do so, whatever had to be left behind. They often set villages on fire. The district between the Save and Focca is an indictment by itself. The German soldiers who had been fighting in the South East are not in possession of the documents and maps necessary in order to make detailed statements as to place names and dates. I still remember Zwornik, Kladanij, Focca, several villages in the Drina area and in the Romagna. Moslem settlements suffered particularly.
"The units of the German forces, too, were permanently subjected to these insidious attacks, particularly at night or in the case of small detachments. Dispatch runners, individual vehicles, sentries, and scouting parties, small columns and weak detachments were the main victims. As far as I remember, the units I was serving with during those few months lost many dozens of soldiers not in action proper, but by murder and ambush. On top of that, even major losses had to be risked, affecting companies which were surprised by ambush when on a mopping-up operation. Thus, this malicious method of warfare inflicted fresh losses on the German army day by day. Within the area of my activities, no day elapsed on which there was no report of at least one or two dozens of raids on rail and road communications, demolitions of bridges or cables, surprise attacks on or sabotage in vital installations. Murder was lurking everywhere. The frequency of the incidents does not allow to reconstruct exact statements including place names and dates without the use of logbooks and official action reports.
However, the following violations of international law committed by Tito bands are indelibly engraved in my memory:
"Massacre of an armored rifle platoon, lead into a village-ambush by a woman, in the Sarajevo-Jaijce area, Attacks on railroad trains including ambulance coaches and on ambulance trucks, use of German prisoners of war as a labor force in the partisan units, retaliation measures against German prisoners and especially against Croat soldiers (Domobranen)."The national combat units (Cetniks) fought at that time already defensively against Tito's units and were in many cases looking in their fight against the communism for connection and cooperation with the German Wehrmacht.
There was nearly everywhere in my sphere of activity a useful collaboration between the two parties.
"No order of superior offices came to my knowledge during my activity at that time which demanded the arrest of hostages and the execution of retaliation measures against these these. Neither were verbal instructions in this direction ever given to me. On the contrary; it was emphasized over and over again at all meetings that the good name and respect of the German units must be observed in this bandit war and that they must not become nervous. My Commander-in-Chief was then Field Marshal Frh. v. WEICHS. I do not know whether a so-called "hostages order" was given for the South East at the time. Should such an order have existed then it can be said that it was in large districts actually a theoretical one only. I myself, in any case, did not find any hostages in my territories of activity nor did I see them.
III. "From the middle of July 1944 until the middle of March 1945 I stood with short interruptions first with the 117.
rifle division in the Peloponnese and in Southern Greece, then with combat units of the 117. rifle division and the 1. mountain division in the Belgrade area and Croatia.
"a). During this space of time the picture of the situation was essentially the same as described under II. The peacefully minded population, especially the nationally disposed part, was looking now as before for cooperation with the occupying power, the extent of the partisan terror, however, was considerably increased. It is not necessary to talk of it in detail once more. However, the following particularly inhuman actions should be stated: approximately between 15 - 25 July 1944 a motorised navy unit was ambushed in the Pyles area (Western coast of Polopennose) at a road with many curves. The column was nearly completely wiped out (more than 90 men), and bestially, in a not describable manner, murdered, with the women especially active. Unfortunately the perpetrators could not be called to account. The division did not take any retaliation measures.
"In the middle of August approximately a rifle company, peacefully stationed in Selania near Sparta, was unexpectedly attacked by several hundred communist partisans and to the largest extent massacred. The assistance of the village population was likely, but could not be proved.
"No retaliation measures were taken against the inhabitants of the village. Murder of the commander of the 41st fortress division approximately June 1944 - on an automobile trip from ambush.
"b). As far as I remember there existed at that time a Fuehrer order which regulated the problem of the hostages. This order was never put into practice in the territory under my command. My superiors at that time (Lieutenant General Air Force, Colonel General LOEHR (In the meantime sentenced to death in Belgrade and shot) approved silently of this attitude. Never was even the least pressure exerted in the direction of the order."
I need not read from the next paragraph (c). It deals with the good relationship between the German troops and the population. I shall appreciate judicial notice of this paragraph.
Now the next document No. 34 which is on page 14 of the Document Book Geitner II and I offer it as Exhibit 21. This document contains experiences made by a combat officer who was staying for a year and a half in the Balkans, concerning the way the partisans fought against the German troops as well as against the civilian population. The witness, the affiant, is called Wilhelm Plewa. He is 33 years of age, a German citizen, and as he states, he was from 1st October 1943 until April 1945, he was a battalion commander. I quote from page 14:
"The following reports, it ways in the affidavit, concern in the first line the Greek area. My unit under my leadership was only in the last months of the war put to service in Serbo-Croat territory mainly in a permanent front. The insidious and treacherous way of combat of the communist bands had fundamentally nothing in common with a regular conduct of war by civilized States. It was characterized by a really beastly cruelty from the part of the bands against their opponents and the native population. As the numerous racial, national, religious and even family contrasts are settled on the Balkans with a limitless hatred and a pitiless ruthlessness. The international agreements and laws were absolutely not adhered to, they even were entirely unknown to the bands. Murder of wounded soldiers and prisoners, frequently under horrible tortures and mutilations of the victims were quite general in my operational area. Every German soldier knew of these facts. The Red Cross was in no way respected. The bands accepted a fight only if they were in an overwhelming majority and eluded every attack. Attacks from ambush against individual soldiers or smaller units, against motor cars, motorized convoys and billets were the rule. Every trick and every deception was all right for them. The gangs wore frequently for instance when attacking, especially at night time, German uniforms or approached calling in German language, Scarcely a week passed in the Peloponnese region, hard to be watched and inaccessible as it is, in which an unexpected attack on motorized supply or Red Cross convoys did not occur.
"As spies and scouts preferably women and children were used by the bands and the food was also supplied by them in part. This fact was established not only by German troops, but in a number of cases by the anticommunist, autonomous Greek units stationed in my neighborhood.
"The calm and order in the country was systematically undermined by the bands."
The witness then continues to describe details and continues on page 16. I shall quote from page 16:
"The bands proceeded with the same inhuman cruelty in the fight against the German troops as also against the civilian population or in the fight against each other. On the Peloponnese the "National Band" of the Captain (Rittmeister) Vrettakos consisting of about 300 men was massacred by communist to the last man. The family members of persons belonging to "National Bands" or anticommunist units were murdered by the communists including women and children, the farms pillaged and levelled to the ground. Nearly the same ruthlessness was used on the part of the anticommunist units. However, as the terror of the communist bands could not be surpassed by anything, they gained influence despite the fact that the overwhelming majority of the population, nearly 100% in the rural districts, was hostile and opposed to communism. But the fear for property and family prevented them from participating actively in the fight against the communism. The weak German occupation could only occupy the roads serving the rain traffic, while wide areas were exposed to the influence of the bands. Repeatedly the inhabitants from far remote places presented petitions to me, asking for German occupation as protection against the pillaging and the terror of the bands. In Croatia whole villages in a territory not permanently occupied by the German Wehrmacht were inhabited by a few old people only. The inhabitants had been murdered by Tito Bands, removed or had fled. The bands did hardly distinguish - especially not in the National Struggle - between fighting units and the civilian population, women and children included.
"A transport of wounded Cetniks of more than 60 men were murdered by Ustascha men in the same area in spite of the fact that they fought the same enemy.
"After this the order had to be given out from the part of the Germans to have all transports of the Cetniks guarded by German soldiers. In the following some details:"
On page 17 of Document Book II, the affiant then describes his own observations of certain details and I shall read:
A. A major motorized convoy of my regiment is attacked suddenly in a rocky gorge on the road Tripolis-Petras. I arrived at the place of the action together with members of the regiments a very short time after the attack. The crew was massacred, partially under terrible mutilations, with the exception of several dispersed men and about 20 wounded. Nearly all of the dead and wounded were deprived of their clothes and absolutely naked. The motor cars were pillaged and set on fire. According to conforming reports of the surviving wounded men the pillaging of the dead men and the murdering of the wounded was done by women and halfgrown youths. The immediately starting chase of the band was without success. As usual after such attacks the bandits dispersed probably, they had hidden the weapons and worked as "peaceful peasants" on the fields. The bandits wore civilian clothing without any badge when such or similar attacks occurred. It happened that way that my adjutant was wounded next to my billets through two shots in the abdomen by a seemingly harmless civilian. The bandit had both hands in the pockets of his overcoat at this incident and shot with a revolver through his pocket. A transport of wounded soldiers of the fast detachment of my division was suddenly attacked, the wounded and the sanitary personnel murdered and the motor cars for the sick men, distinguished by the Red Cross set on fire. The Protestant division chaplain Lange from Koenigsberg/ Prussia who is a friend of mine was carried off by bandits on the occasion of an attack against a motorized convoy and presumably murdered as there is no trace left of him.
A company of my division was captured with about 60 men in dense fog. The soldiers were put to forced labor under the threat that all will be shot as soon as even a single one would try to flee. Parts of my division undertook it to liberate the soldiers. Before the band dispersed the soldiers were driven together on a mountain, pushed down a rock and shots fired into the human crowd. This nearly incredible fact was confirmed by the civilian population as well as by two or three wounded soldiers who had only feigned death.
According to depositions of the civilian population and according to photographs which were found German soldiers were murdered in the following way at another place: The hands of the victims were tied to their feet while they were in a kneeling position, the head was pulled back and a knife was pushed into the threat where it adjoins the body (official notification of the divisional commander to the troops). The few examples mentioned above are no exceptions, but only a short sketch of the numerous atrocities committed by the bands.
The preceding depositions rest only on my personal observations and experiences and can be confirmed by every soldier of my former unit. I know more facts than those from official reports, depositions of eye-witnesses from the troops and the civilian population which characterize very clearly the atrocities of the Balkans bands in their fight against each other and the civilian population, atrocities which can scarcely be reported. The German Wehrmacht has suffered enormous losses by the inhuman way of combat of the bands which violates every known international law. The German troops, ignorant of the country and by far inferior in numbers, could defend themselves only with tremendous efforts and difficulties against the furt of the bands, especially as they had according to their orders to consider mainly the defense of the area against external enemies.
(signed) Wilhelm PLEWA This affidavit by the witness Plewa has been sworn to properly and duly certified by the community director.
The next document is document No. 35 in book 2, it is exhibit No. 22. This is an affidavit by one Juergen Bennecke, who is 35 years of age. He states that in the war he was made an officer of the General Staff of the 100th Rifle division from May 1943 until February 1944. His statements are based on his own observations and official reports, which he received as first officer of the General Staff. Again this affidavit, if the Tribunal please, describes the methods used by the bands and partisan both against the Wehrmacht as well as other elements in the population in the Balkans.
I need not read the introduction, I shall start with the bottom of page 20, it says here:
"I remember for instance the reports of the destruction of the castle in Nasice, a place on the Eastern rim of the Rapuk. The bandits killed here the castle owner and a great part of his personnel. Afterwards they set the castle on fire. The 100 rifle division suffered also losses through insidious attacks by bandits in civilian clothes. Repeatedly were single guards shot at, for instance, and the whole signal platoon of the rifle regiment was unexpectedly attacked on the occasion of a band enterprise. Part of them was later found murdered in a beastly way. All bands with which the 100. rifle division came then into contact were not in uniform or clothed in German or Croat uniforms in a misleading way. They had neither arm bands nor identification documents and tried everything to avoid what would characterize them as enemy combatants, for it was just their main strength that they disappeared always again among the population which covered them voluntarily to a smaller part, to apart from fear of their cruel revenge only.
I shall not read the next paragraph. It deals with the blowing up of a railway lines. In the next paragraph he talks of the destruction of roads. I shall read from page 21 under B:
B) From September 1943 until February 1944 the division was stationed in Albania where I could witness from own observations the steadily increasing embittered civil war between the Albanians themselves as well as the growth of more and more chaotic conditions. The civil war was waged between the so called "National bands", which in the main were the followers of all anti-communist minded elements and the communist bands, whose ringleader was at that time a communist by name of Nehmed SCHEHU. I became aware of the cruelty of this fighting again and again through utterances of nationalist Albanian leaders who were neutral vis a vis us, who cold-blooded spoke about the slaughtering of captured enemies and who could not understand why the Germans did never comply with their request to act likewise.
The communist bands on their part acted in the same way. For instance my chauffeur by name of SIMON was captured during a raid by communist bands. Through a miracle he escaped death and witnessed during his captivity of many weeks, the assassination of several German soldiers.
Worth mentioning is further the inhuman treatment which many Italians suffered from the hands of the Albanian communist bands. During the marching off of the Italian occupation troops, who had been disarmed by us in September 1943, these troops were frequently attacked at that time by communists and partly massacred, partly captured. Later on a part of these prisoners came again in German hands. They were totally wretched and reduced to a state of complete misery after the communists had used them as slaves under the worst possible conditions. The bands naturally put up very often ambushes on the most important highways similar as in Syrmia disregarding thereby all rules of international law. They were not recognizable as enemy fighters but were clad in mufti or German uniforms and on principle spared nothing. Occupants of vehicles showing the red cross were massacred in the same manner as nearly all enemies who fell into their hands.
Then in the last paragraph the affiant describes in conclusion what he has seen and speaks of the ruthless and cruel methods of fighting of the bands. The affidavit has been properly sworn to and certified.
The next document is No. 36 and I shall offer it as exhibit as, it is on page 24 of the document book 2. The document is of affiant Max Steinhaeusser, whom as he says was a lieutenant and by, and as of the end of May, 1944 and as such he was in the Balkan and was enroute from the reserve unit to the active units. He describes the experiences he had on that occasion. I shall not read the document, but I shall appreciate it if the Tribunal will take judicial notice of it.
The next document is No. 37 and it is an affidavit by one Karl Moest, who as a 1st lieutenant served since the spring of 1943 in the Balkans. He also confirms that the bands, the attackers were not regular troops. Some of them were civilians, including women and adolescents and that these bands disregarded all international law. For reasons of evidence, I should appreciate it if judicial notice were taken of this affidavit, which is document No. 37, exhibit 24.
The next document is document 38 on page 28. This will become exhibit 25, von Geitner exhibit 25. This affidavit was given by witness Georg Albrecht, who as a sergeant served for about a year and a half in the Balkans, particularly in Greece. He describes four cases, which he has seen himself, which are of importance if one is to form a picture of the way the partisans fought, how the partisans wore German uniforms and had women fighting in their ranks, how they did not spare any hospital trains, etc.
I shall not read it verbatum but ask the Tribunal to take judicial notice of it.
Now to come to document No. 39, document book Seitner 2 on page 30. This affidavit has again been properly sworn to and certified by a notary. It has been given by a sergeant, Georg Moser, an officer of justice at the Court of Appeals in Munich and his statement shows how the Red Cross was disregarded by the partisan units and the attacks on the part of the partisan units on Red Cross vans and similar installations.
The next document von Geitner No. 40 may be found on page 32 of the von Geitner document book. It is an affidavit by Oscar Hosa. He is a German citizen who served in the Balkans from April of 1943 until October of 1943 as a company commander and from January 1944 until November 1944 as a battalion commander in Kolascbin. The exhibit No. of this document incidentally is 27, document 40 is offered as exhibit 27. This affiant describes his experiences as company and battalion commander. He mentions four cases which he experienced himself. where civilians were murdered in their beds by enemy bands and he says, and I am reading from paragraph B on page 32:
"On 27 January 1944, 15 members of my battalion fell into the hands of the rebels, parts of the so-called 13 coast division, during a fight in a forest southwest of Karlovac. The rebels had been repulsed in the course of the further fighting and we found 15 comrades dead, cruelly mutilated, totally robbed; they were stark naked."
Under C he says:
"During a skirmish west of Bihac in November 1944, a Ustascha unit was subordinated to me. In hand to hand fighting they used a cirved knife with which they cut open the jugular vein of the enemy. I ordered the unit leader 1st Lieutenant Novak to me and forbade him this method of hand to hand fighting.
He gave me this as an answer '"The Serbs mst be exterminated..'" Then under D he describes the attacks by partisan units on Red Cross units and I beg the Tribunal to take judicial notice of it.
Court No. V, Case No. VII.
The next document is document No. 41 on page 44 and it will become exhibit 28, von Geitner No. 28. It is an affidavit given by Max Bauer, who was a Master Sergeant of the Police of Obergrain, District of Stein, from March 1943 to May 1945. He describes his observations as a police officer in the Balkans, he also talks of arson committed by the bands, pilfering, looting, and continuous acts of sabotage on the part of the partisans. He talks of armed women among the partisan units, etc. I should appreciate it if judicial notice were taken of this document.
I shall now come to document No. 42 in von Geitner volume 2 on page 36 and it is offered as exhibit 29, von Geitner exhibit 29. This affidavit again has been duly sworn to and certified by the Bourgemeister. It is an affidavit that was used before in the International Military Tribunal trial. This affiant Riehard Gerhardt is a Serbian by birth and during the German occupation of Serbia had been used by the Germans to fight the bands. After conscription he joined the SS Division Prinz Eugen. As a photographer he was drafted and this becomes clear from his personal data. I shall read paragraph 2 on page 36:
"As a photographer and laboratory assistant with the Staff of the SS-Division Prinz Eugen and later with the V. Corps (from the fall of 1942 to the end of 1944) I developed films of photographs taken of massacred SS men stripped and mutilated beyond recognition. This, I presume, did not happen rarely and was also practiced on Pravoslavic Serbians by Croatian partisans. If an incident of the kind occurred one found 8 to 15 mutilated persons in each case. The atrocities were mostly committed by women and girls who had formerly studied medicine. The photos had to be taken in order to identify those who had been massacred, as they had been stripped of identification discs, pay-books, shoes and clothing.
I could recognize at that time only one of them, namely the SS-Unterscharfuehrer Mayer Heimer from Gross-Betschkerek, who is buried at the soldiers's cemetery in Rihatsch."
And then the affiant continues "In 1943, at a railroad bridge about 20 km from Mostar, approximately 80 partisans overpowered about 300 and literally butchered a large part of them, by forcing them to lay their heads on a stone.
Before that, however, the Italians had to blow up, with their own hands, the bridge they had been assigned to guard. When our men arrived on the scene, they found streaks of curdled blood on the stone as thick as an arm. The corpses were lying in the Neretwa river. I saw the films of the photos taken when they were developed in our laboratory."
And then the last paragraph, I would ask to take judicial notice of it.
The next document ison page 38, it is No. 43 and I shall give it the exhibit No. 30. It is an affidavit duly sworn to and certified. It comes from the affiant Albert Schaeffer from Czecho Slovakia. He was a driver with the 10th Heavy Machine Gun company of the SS Mountain Division "Prinz Eugen" from the fall of 1942 up to the end of the war. He has experienced five specified different incidents
a) On 28 February 1943 I saw in the Bihatsch area SS comrades of the 8th infantry company who had been stripped and butchered by partisans. Among them I recognized two countrymen, namely Franz Lehr and Karl Schmidt, both from Werschetz.
b) In October 1944, near Zwornik, I say German members of the Wehrmacht, who had been stripped and butchered. The insurgents had stuffed the genitals into the victim's mouths.
c) I can testify that partisans looted the food stocks of all places they passed through, burnt down the houses and forced all the men of the civilian population, and even part of the women, to join them.
d) A considerable percentage of the railway stations in Bosnia was burned down by the insurgents; bridges and mountain passes were continually being clown up. In January 1943 they set fire to the large saw-mill at Turbe near Travnik.
3) It has to be reckoned with that on all roads singel vehicles, especially supply vehicles, would be fired on by partisans." So far witness Schaeffer from Czenho Slovakia.
Now we come to Document No. Geitner 44 which is on page 40 and is offered as Exhibit 31. This is albetter by the Mayor Istiea in Greece to a certain woman Renata Mast. The husband of this Renata Mast who in the spring of 1944 had to make a forced landing in Greece with his aircraft, was murdered by Communists and the Mayor of Istiea, the nearby town, confirms in this letter the whole incident in the course of which several pilots and flyers had been murdered by the Communists and later on the Communists even wore the clothes that the murdered men had worn.
Document No. 44, Exhibit 31, is followed by Document No. 45 which belongs to it and it will become Exhibit No. 32. It is a further similar confirmation by the Mayor Athanasios Iwos of Istiea. The translation of this Greek letter and its correctness has been confirmed by a Greek interpreter employed by the prosecution. I should appreciate it if judicial notice were taken of this document. I shall not read it because it only describes one single case.
I shall now come to Document No. 46 on page 43 and this will become Exhibit No. 33. It is an affidavit given by an affiant of whom we have had an affidavit before. He is the Prinz Holstein who from September 1942 to January 1943 was serving in the Balkans as an officer in a number of functions on the Staff of the Commander Serbia, the same staff, in other words, where the defendant von Geitner was serving. The affiant describes first, under paragraph 1, a large number of sabotage acts and cruelties by the partisans committed against the Wehrmacht. He mentions, for example, that on one day the railroad line from Belgrade to Nish was interrupted no less than 30 times, that another line had been destroyed to such an extent that it could not be repaired again during his time in Serbia.
I shall then read from paragraph 2 on page 44 where it says:
"In the winter of 1941/42, in the area of Valjevo a lieutenant of the 714. Infantry Division was kidnapped. He was locked up by the insurgents in a stable at a small place. He was then stripped naked and tied with his back to a stake in the center of the village.