Now, General Lanz, I would like to return to my question. How do you picture the International protection of such Commissars with the troops who had done what has been described in the exhibit of the Prosecution?
A With such a conduct displayed on the part of the Commissar towards the wounded people which is obviously in contrast to International Law, the Commissar naturally cannot demand for himself protection of Internatioral Law. Such a man has obviously violated International Law; therefore, he cannot now refer to International Law for his own protection.
Q General Lanz, you are indicted for crimes against humanity. It has not been proved that you acted in the way as is described in this document, but would you, on the basis of your concept of law, consider it a crime against humanity if such a Bolshevist Commissar is put up against a wall and shot, if one knows that he, prior to that, had, with machine pistols, cracked ruthlessly into the midst of his own Russian fellow citizens?
A I have already made my comments to this question. Such a man, of course, if he acts in this way against the wounded, which is even more decisive, deprives himself, through his own action, of the protection of International Law.
Q Now, General Lanz, I want to deal with another subject which you touched upon just previously. That is, the question of whether there was another type of Commissar. In this connection I would like to draw your attention to Document NOKW2105--two, one, zero, five. This document was also submitted by the Prosecution. It is Prosecution Exhibit No. 617. In this document it says under Paragraph 11, and I quote: "Political Commissars and members of the Red Army cut off from their unit are to be arrested without delay by the Mayor, who is to deliver them to the nearest Commander." General Lanz, do you see in this order anything special or anything which might violate International Law?
A I cannot see anything in this order which might be in violation of International Law. The arrest of any persons in wartime is, to the best of my knowledge, not prohibited by International Law. I would like to know how many people were arrested in Germany or anywhere else. Even in peace-time people are arrested, let alone in war-time. The arrests as such can certainly not be prohibited.
Q General Lanz, I have to discuss this with you because the Prosecution apparently considers this a crime. And I would further like to draw your attention to Paragraph 12 of this Document NOKW-2105, where it is stated, and I quote: "Sabotage of all kinds, also to the crops, unauthorized possession of weapons, munitions and explosives, plundering of depots and supplies, as well as the hiding of Commissars and members of the Red Army cut off from their unit, or any sort of failure to carry out orders of the German Commanders, will be punished with the most severe means, up to the death penalty." The order was not signed by you. It was issued by quite a different commander, but you are charged with it, and it was submitted on your cross-examination.
Therefore, I have to ask you--is it your opinion that such orders, as the Commander-in-Chief of a German Army has given here, would have been given in the same way by Commanders of other Armies, if in their Armies such sabotage acts had been carried out? Have you personal experience in this connection, and, if so, can you tell us about it?
A I believe it is not necessary to say one further word about it. Such measures, above all in war-time, are military custom. In my opinion they are entirely admissible.
Q Witness, would you please, again, look at Paragraph 11? It says there something about political Commissars. That is why the document was submitted. It says there, "Political Commissars and members of the Red Army cut off from their unit are to be arrested, etc. "
A It says here, "by the Mayor."
Q Yes, of course you never were a mayor, but still I have to ask you. Do you, in view of your own knowledge of the situation, assume that here such political Commissars are meant as were at the front and were captured by the Germans? By this I mean such Commissars to which the so-called Commissar Order refers. Or do you, instead, assume that a different type of political Commissar is meant here? What can you tell us about it?
A Of course I don't know what the author of this order, with whom I had no connection, meant when he drew up this order. I am in no position to know that. I assume, and it says here clearly enough that political Commissars are meant--not military Commissars. But I can only say what I read here.
Q Political Commissars, then, who were not captured with the troops?
A That is what I assume.
Q You served in Russia, Witness. From your activity in Russia do you have any personal knowledge of whether or not these political Commissars, who were not with their troops but at liberty, were some-
where behind, the troops and frequently incited the civilian population against the German Army, and that they caused the civilian population to commit terror acts against the German Armed Forces? Is that known to you from your own experiences in Russia?
A This conception is correct. The Commissars formed the points of resistance in the rear area. Altogether they were the most fanatical Commissars which I have encountered in the Russian Army.
THE PRESIDENT: Dr. Sauter, before we take our morning recess I want to call your attention to the fact that during the cross-examination and prior to our adjournment last week there was handed to the Tribunal Document Book VII for Lanz. And I do not know whether you intend to make use of it, but I call that fact to your attention.
We'll take our morning recess at this time.
(A recess was taken)
THE MARSHAL: All persons in the courtroom will please find their seats.
The Tribunal is again in session.
BY DR. SAUTER:
Q Witness, we will now deal with another chapter and there is one question which I would like to ask you in connection with the document which has been submitted during the last few days. It is NOKW-1988. Exhibit 625. This document concerns the evacuation Sarande. You have been questioned by the representative of the prosecution in connection with this document because in the report of the affiant Starl of whom we have had several affidavits -- the report in question is dated 2 March 1944 --the sentence which I am quoting is contained:
"The male population will for the moment remain in Sarande and will be used for the building of fortifications."
This is a report of the division Steyrer, addressed to your corps headquarters. I don't know whether you have personally read this report but I would be interested to know where this place Sarande is located.
A Sarande is situated near the Coast in the most southern part of Albania. I believe it is also marked in the map which has been submitted here. This place, therefore, is an Albanian coast village.
Q It is not a Greek place, is it?
A No, it is an Albanian village. Sarande was part of the Albanian district headquarters of Algerokastron and this district of Algerokastron was part of my corps area: It was the most Southern part of Albania. There was a district commander, there by the name of Runa who had a liason officer in his headquarters and this was Lieutenant Peterson. At the time we worked together with this authority as an authority of a state with which friendly relations were maintained.
Q Those then were Albanians on Albanian territory and I would assume that these people were used for work on fortifications with the consent of the Albanian authorities that is those of a friendly state.
Is that correct?
A Yes, that is correct.
Q At least, it was not a hostile state, was it?
A The building of fortifications which was carried out at the time near Sarande was intended to serve as protection against an allied landing and was carried out in conjunction with the Albanian authorities who had friendly relations with us and the work was carried out on Albanian territory.
Q A question now in connection with another problem, General Lanz. You have been asked by the prosecution today questions concerning the Jewish problem on Corfu and you stated your own point of view. I should be interested to know what attitude towards the Jewish question you have shown on other occasions. Let us say, for instance, when excesses or terror acts occurred on the part of the troops against Jewish inhabitants, what was the attitude which you showed at such times?
MR. FENSTERMACHER: If your Honors please, I don't believe that is proper redirect. What attitude General Lanz had on other occasions towards the Jewish population is not relevant or part of the redirect examination.
THE PRESIDENT: I am somewhat in doubt as to its relevancy. We necessarily must restrict matters in redirect examination to that which was presented on cross examination. The objection will be sustained.
DR. SAUTER: If it please the Tribunal, I shall prove through affidavits what the defendant cannot say as an answer to this question.
Q Witness, you have today been asked that even you as a nonjurist should have been conscious of the fact that the ratio of 1 to 50 in connection with reprisal measures is not admissable under International Law. In this connection should like to know whether at an earlier time you had heard or read of individual cases or had received orders or seen orders which showed the extent to which in other countries and in other armies reprisal measures had been taken and ordered?
MR. FENSTERMACHER: Your Honors, I object to the question. It doesn't arise out of cross examination. Besides, what General Lanz had heard or read would be complete hearsay.
DR. SAUTER: May I make a remark in this connection? In my opinion, it is not admissable that the prosecution can ask any number of questions of the defendant and ask him whether he had heard of this or that and, if then the defense wants to give the defendant an opportunity to show his own attitude, then this very same prosecution says he can only make statements about such things as he himself has done or seen. If the prosecution has the right to ask such questions of the defendant, then, in my opinion, the same right has to be reserved for the defense in the interest of the defendant.
Court No. V, Case No. VII.
THE PRESIDENT: Doctor Sauter, you may show that in your defense but in a proper manner undoubtedly, if you are able to do it. The objection will be sustained.
DR. SAUTER: I have no further questions to put at this point.
THE PRESIDENT: Are there other German defense counsel who wish to further question this witness?
BY DR. LATERNSER:
Q. If it please the Tribunal, there is only one question which I would like to clarify in the interest of Fieldmarshal von Weichs. This is a question which arose from crossexamination. General, you said on cross-examination that in connection with the order concerning Allied missions with the bands, you had protested against this order or shown protest against it, I don't know quite how you put it.
A. I believe that is not correct. All I said is that I did not pass on this order and it was not carried out in my area.
Q. Concerning this order and your attitude towards this order, have you made any remarks or representations with army groups E or F? Did you have any discussions concerning this order?
A. I can't remember that.
Q. Do you know the attitude of the leading man of Army Groups E and F in connection with this order?
A. Only to the extent to which I learned of it during this trial.
Q. You didn't know it at the time?
A. I cannot remember that at that time I gained knowledge of their attitude.
Q. That is all; I have no further questions.
THE PRESIDENT: Are there other counsel? Apparently not.
RE-CROSS EXAMINATION Defendant Hubert Lanz BY MR. FENSTERMACHER:
Q. General Lanz, would you look for just a minute now at Exhibit 618? This is the report of the Private First Class of the propaganda company dated 12 August 1941. Do you find anything in that document, General Lanz, which indicates that Commissars executed either their own wounded or German wounded?
A. I did not say anything to that effect. I cannot remember that I did. I have been asked about it but I would have to read through the whole text again in order to answer that one.
Q. Did you ever authorize your subordinates, General Lanz, to shoot German soldiers in case those soldiers tried to desert in the face of the enemy?
A. I didn't quite understand.
(The question was repeated by the interpreter.)
A. I cannot remember any such order. All I can remember is that in one combat action such a case occurred. An officer with weapon in hand stopped recreating soldiers. That is what I know but I still don't know any such order which I was supposed to have given.
Q. Isn't that all that is meant by the reference in paragraph one of this document to the use of machine pistols by the Commissars?
A. It is difficult for me to say what the author of this report meant at the time. I am here asked about the attitude and opinion of a man which I don't know. It is, however, known that the Russian Commissars took very stringent measures against their own troops. I know that from that time. That is nothing new which is written here.
Q. You intimated, General Lanz, that there was a difference between political commissars and military commissars.
Is such a difference mentioned in the original Commissar order?
A. The original Commissar order in my opinion refers to the military commissars, those men who were captured in combat. That is, to the best of my recollection. That is how 1 understood the order, at least.
Q. You don't believe the original Commissar order specifically mentioned political commissars?
A. Well then, I would like to ask you to show me that Commissar order. I cannot make any statements off hand under oath. I do not remember the text of the order exactly. I interpreted it to the extent that Commissars were men who were with the troops at the time, military commissars.
The Commissar Order was issued before the Russian campaign began, was it not, General Lanz?
A. Yes, to the best of my knowledge.
Q. Even before you knew how Commissars would act?
A. Yes, that is right.
MR. FENSTERMACHER: No further questions.
THE PRESIDENT: I take it there will be no further examination of this witness? That being true, the witness is excused.
DR. SAUTER: It it please the Tribunal, I have a few documents here which I would like to read. I want to start with the last document book which comprises only one affidavit. That is Document Book VII. This Document Book VII contains Document No. 191. This document is on page 1 and will be offered under Lanz Exhibit 142. It is an affidavit of the affiant Wolf Christian von Loeben who, as is known, was Ic of the XXII Mountain Corps under General Lanz. I am reading this affidavit because it is of importance for the evaluation of the events on Kefalonia. I think it is particularly important in order to clarify a few details which so far have not been made quite clear.
The affiant says on page 1, towards the middle of the page?
"As to the events on Kefalonia I make the following statement:
"Owing to a case of papadaci-fever, I did not arrive from Athens at the Janina headquarters of the XXII Mountain Corps until the 13 September 1943. At that time the situation in Western Greece was about as follows:
"The Italian forces in Epirus had complied with the orders given by the Eighth Italian Army and the Italian Corps Headquarters and laid down arms, which was done without any incident. Solely the Italian Division "Acqui" under General Gandin, which was stationed on the isles of Korfu and Kefalonia, refused to surrender these islands to the German forces stationed there. General Lanz had left by plane for Kefalonia on the morning of the 13 September in order to make arrangements for the surrender through a personal discussion with General Gandin.
"Late in the afternoon of the 13 September General Lanz returned from Kefanlonia with the following result:
"His plane, in the process of landing, had been fired at by Italian troops and therefore been forced to land in another place. He had been able to speak to General Gandin on the telephone from the command post of the German island commander, Lieutenant Colonel Barge, at Lixuri.
"General Gandin, who alleged not having received so far any clear orders, requested an order from General Lanz for the surrender of the Island, which was thereupon given to him and with which he promised to comply. General Lanz was throughly convinced that the surrender of the Island would be effected without any further incident and had given Lieutenant Colonel Large directives accordingly.
"Contrary to expectation, however, General Gandin did not accomplish the surrender of the island at the fixed time.
He managed to put off the German island commander for a day or two by cleverly-conducted negotiations, declared finally to have his officers no longer under control, and launched a sudden attack against the two German fortress battalions stationed on the Island, placing them in an extremely difficult position.
"About the 15 September, after having discussed the matter with the Chief of the General Staff of the Corps Headquarters, Colonel Dietel, General Lanz decided to land on Kefalonia hastily assembled elements of the 1st Mountain Division and the 104th Mountain Infantry Division under the command of Major von Hirschfeld with the task to relieve the German garrison on the Island, and to have the latter occupied by German forces. Upon landing on Kefalonia Major von Hirschfeld was appointed German Island Commander and Lieutenant Colonel Barge was placed under his command. During the fighting, which resulted in heavy losses on both sides, the Italian forces offering resistance in the northern part of the Island were defeated in the following days, without causing General Gandin's surrender. General Lanz after that went to Kefalonia again, to initiate further measures. Since signal communications between the Island commander (Major von Hirschfeld) and the Mainland (Coros Headquarters) were extremely poor - there was but one radio communication at the disposal of the still inadequately organized Corps Headquarters - General Lanz left an officer of Corps Headquarters behind on Kefalonia, with the task to Keep Corps Headquarters well informed about the happenings.
"Shortly afterwards, the decisive attack on the southern part of the Island began, which ended with the occupation of of the capital Argostolion and the capture of General Gandin, his staff and a large body of Italian troops. As far as I remember, General Gandin's chief of staff, who was the chief organizer of the fight against the German forces, was killed in the course of the last engagements.
"During the days of the fighting, General Lanz had received by radio or teletype, via the Army Group, a "Fuehrerorder", to the effect that all Italians on Kefalonia who had taken up arms against the German forces were to be shot. Telephone communications between the Army Group and Corps Headquarters were not yet existent at that time. General Lanz, who was greatly excited over this order, sent, as far as I remember, a teletype to the Army Group, with the request to bring about higher up a cancellation of this order, and recommending that only the guilty persons should be held responsible. Thereupon a new "Fuehrer-order" was received, saying that all the Italian officers were to be shot. General Lanz, in my presence and in the face of the chief of staff, voiced his opinion on this in a very sharp form, and declared: 'Being a decent soldier, I cannot be expected to carry out such an order. I shall not carry out this order.'
"After the fighting on Kefalonia had ended, General Lanz immediately left for Argostolion again, in order to discuss with Major von Hirschfeld the occupation of the Island, as well as the concentration and the evacuation of the captured Italians. As far as I remember, he charged the Commander of the 1st Mountain Division, General von Stettner, and Major von Hirschfeld with investigating the events at the Italian divisional staff. This investigation completed, General Gandin and several of his officers were shot according to martial law.
"I declare upon oath that the foregoing statements are correct."
Court No. V, Case No. VII.
This statement is properly sworn to and certified, and signed by the affiant von Loeben. This is Lanz Exhibit 142. This brings me to Lanz Document Book I. The document on page 8 of this document book will be offered under Exhibit No. 143. This is Document No. 2. The document is on page 8 of Document Book Lanz I. This is an affidavit of the protestant chaplain Rudolf Schwarz concerning Lanz' personality, The affiant lives in Bad Steben in upper Frankonia. From the 26th of August 1939 to 8 May 1945, throughout almost the whole of the war, he was Divisional Chaplain in the 1st Mountain Division. This division was subordinated to General Lanz.
I am not going to read this affidavit verbatim. The affiant comments on Lanz' personality in a similar way as the Catholic priest has done on the witness stand here. He talks about General Lanz' position towards the Christian church and about his negative attitude towards National Socialism.
On page 9 under the second half of paragraph "B" towards the bottom of page 9, the affiant comments on General Lanz' attitude towards band warfare. There are a few lines here which I would like to read verbatim and the affiant says on page nine:
"He never advocated any sort of personally cruel methods of warfare. He never supported them or even himself used such methods. It is easily understandable that in this kind of guerilla warfare the cowardice and deceitfulness of the partisans led occasionally to isolated outbreaks of fury of the troops suffering under this deceitfulness. All the more we have to admire the chivalrous attitude of a commander who, as far as he knew of it and his troops did not conceal it for fear of his action which, however, again speaks in General Lanz' favor, took stern measures to prevent the excesses and to restrict them to a minimum."
On page ten the affiant further describes details which he still remembers, mainly the humane attitude of the defendant towards the capitulating Italians under "D", On page 10 and 11, the affiant describes how warmly and energetically General Lanz looked after the civilian population Court No. V, Case No. VII.
wherever he could. The affiant on page 10 mentions several characteristic details which I recommend to the judicial notice of the Tribunal.
On page 11, the affiant states that General Lanz, when he left Jannina, received the right to return to Jannina at any time as a guest and was given the freedom of Jannina when he left the city. He was also blessed by the Archbishop at that occasion. This affidavit which in many points coincide with the statements made by the Catholic priest, has been sworn to by the protestant chaplain Rudolf Schwarz, The affidavit is duly sworn to and properly certified by me as defense counsel.
The next document which I want to read I am offering from the same document book; this is Document No. 6. It is contained on page 18. I want to correct myself. The next document which I am going to offer is going to be Document No. 3 in Document Lanz I. This is on page 13 and it will receive Exhibit No. 144.
It is Document No. 3 on page 13 of Lanz Document Book I, Exhibit 144. This is a certificate of the Catholic town rectory St. Nicholas signed by town priest and dean Kuhn in Reichenhall where the defendant led his unit and where he was a resident. I am not going to read this statement verbatim. It certifies that the defendant Lanz during the time of Hitler's regime always proved himself to be a good Christian of an exemplary attitude and that his soldiers held him in very high esteem.
This certificate has been signed by the affiant but the formula of the oath is not contained in this document; therefore, we have gained an additional formula of oath contained in Document Book VI as Exhibit No. 145--just a moment please. It is Document No. 3 on page 1. The affiant Kuhn has here duly sworn to his statement and signed it and this oath has been properly certified by the local notary, and this document will receive Exhibit No. 145.
The next document is again contained in Document Book Lanz No. 1, and this is Document 5 on page 16 of this document book and it will be offered under Exhibit No. 146. I shall again not read the details of Court No. V, Case No. VII.
this document. It contains an affidavit executed by Freiherr von Eyb who was during the war Commanding Officer of the division supply troops of the 1st Mountain Division from November 1942 to the end of the war. He served in the division which at that time was under the command of General Lanz. He describes how popular General Lanz was with his troops and with the civilian population and he said he had got to know General Lanz as an exemplary officer of the most chivalrous kind. The most striking human characteristics of General Lanz, so the witness says, and I quote from page 17, the first two sentences: "The most prominent human qualities of General Lanz are his integrity in outlook and attitude, his sense of justice, kindness and untiring solicitude, which he showed during the war not only to his soldiers and especially towards the wounded but also repeatedly in the most generous way for the civilian population of foreign countries."
This is the quotation which I would like to read here and I recommend the balance of the document to the judicial notice of the Tribunal. The affidavit has been duly sworn to and properly certified by me as defense counsel.
The next document is document 6 on page 18 of Lanz Document Book I. This will be offered under Exhibit No. 147. It is an affidavit executed by one Anton Bader. This affiant was from 1940 until the end of the war, for quite a long period, personal orderly to General Lanz. As such he has got to know General Lanz, of course, as hardly anybody else. He confirms the human and chivalrous conduct shown by General Lanz towards everybody, and following that on page 18 he describes his rejecting attitude toward the excesses of National Socialism, and on page 19 he goes on to describe his care for the religious side of the soldiers, and the way he advocates good treatment of prisoners of war, and he further describes his good relationship with the civilian population. This affidavit has been duly sworn to and properly certified. The formula of the oath can be found in Document Book VI, under Numeral 6, and this document Number 6 in Document Book VI will be offered under Exhibit 147. In this formula you will find that the statements of the affiant Bader have been duly sworn to and that his signature has been properly certified by the local mayor.
The next document is Document 7 in Document Book Lanz I. This is on page 21 and it will be offered under Exhibit Number Lanz 148. It was executed by one Hans Kisslinger, who from September 1943 was one of the men around General Lanz. He served there as a corporal in the headquarters guard. The affiant says and I quote from page 21, the second sentence:
"As I am a hunter by profession and the General himself is a reputed hunter, I came into closer contact with him on account of this common interest. Already before 1943 after I had finished my military training, I supervised his private hunt at Grossgmain. In my opinion I enjoyed the General's confidence. That fact alone goes to show that although he was such a high officer, he was on good footing with his troops. Oh many travels I was able to ascertain again and again that his foremost concern was for his unit. Again and again he visited the military hospitals and assisted wherever possible. I can emphasize that LANZ a devout Roman Catholic, who put his conviction into reality by frequent holding of field services for the troops and the staff.
He was the first to receive the Holy Sacrament before his troops. Therefore he also definitely declined to spread those spiritual trends among his unit, which were considered neopagan by all the soldiers. I know from frequent conversations that the General at an early stage realized the futility of the war and subjected its leadership to sharp criticism. We soldiers amongst ourselves often expressed anxiety that great harm may come to him through remarks of that nature. I also know that during the occupation the General succeeded in bringing about a long truce with the Greek national partisan forces, whereby again the civilian population benefited greatly. His relations with the latter where of mutual trust. While on guard duty, I could frequently observe Greek civilians who visited him in his quarters in order to put some request before him. When we retreated, we avoided any destruction of civilian installations by order of the General. I never had occasion to observe that prisoners of war were being badly treated, let alone maltreated on his orders.
To sum up, I can say that in all his actions General Lanz remained true to his Roman Catholic faith and his good nature."
This statement of the affiant Kisslinger does not contain the formula of oath which is however contained in document book VI under Numeral 7 and this document 7 in Document Book VI will be offered as exhibit 149, Lanz Exhibit 149.
The next document of which I ask the Tribunal to take judicial notice, is Document No. 8 contained in Lanz Document Book I, page 23, This will be offered under Exhibit No. 150. It is an affidavit executed by one Kraus, Stefan Kraus, who was serving in the close vicinity of General Lanz. For four years he was General Lanz's driver, and as such he got to know General Lanz Thoroughly. In the first and second paragraph of page 23, the affiant describes General Lanz's general attitude, particularly his relations with the troops, his endeavor for justice, etc., and I am reading from the bottom of page 23 where the affiant comments on the treatment of prisoners of War.
Page 23 towards the bottom of the page:
"When prisoners of war were allocated for labor he always inquired from their commanders about food, clothing and quarters and also there gave every possible help, a fact of which I could frequently find proof. He repeatedly visited a hospital in Joanine (Greece), set up there for prisoners of war and gave orders that they be supplied with medicaments and himself distributed cigarettes and chocolate among the sick. Before leaving Joanine. General Lanz visited the prisoners' hospital once more and discussed the supply of food and medicaments for the hospital of which he gave some to the hospital to assure, that it could continue to operate after our departure and took leave of the doctors there in the most friendly manner. I was always made aware of the good relationship between General Lanz and the prisoners, when on our trips we passed groups of prisoners or stopped there. The prisoners never showed a sullen or hateful attitude against General Lanz, on the contrary, they welcomed him."
In the next paragraph the affiant describes General Lanz's endeavor to help the civilian population, and in the next but one paragraph, still on page 24, the affiant deals with the fact that General Lanz rejected National Socialism. This affidavit also had been properly certified and is duly sworn to. The formula of oath is contained in Document Book VI for Lanz, as Document No. 8, and this document will be submitted under Exhibit 151.
MR. FENSTERMACHER: Your Honor, on the first full paragraph on page 24 the last line, the affiant talks about the Greek Commander of EAM, General Zervas. General Zervas was not the Commander of EAM, but rather of the Edes. Perhaps Dr. Shuter can make a statement as to whether or met it is typographical error.
DR. SAUTER: In the original it also says towards the end of the last but one paragraph on page 24, "In particular the Greek Commander of the EAM, General Zervas." It is therefore not a typographical error which occurred when the copies were made.
Apparently the affiant got mixed up on the terms. He interchanged the terms "EAM" and "EDES". Of course it should read, "In particular the Greek Commander of the Edes movement, General Zervas."
THE PRESIDENT: Dr. Sauter, we will take our noon recess at this time.
THE MARSHAL: Court will be in recess until 1:30.
(Thereupon a recess was taken until 1330.)