I may point out that I myself certified the affidavit and that I took the oath. I had the word "he" written, but when he read the draft, before the signature was placed on the document by the witness, the witness himself, that is, the affiant himself, said that he would rather see the words, "General Kuntze" in there, in order to make it more clear, and to exclude that rather vague word, "he", and that is when I had the change effected. That is how it was at the time.
PRESIDING JUDGE CARTER: Very well, you may continue with your next offering.
DR. MENZEL: That was Exhibit 28, which brings me to the end of this particular chapter. I shall now turn to a different matter, "Restoration of Serbian Economy", which will be substantiated by a number of other documents later, so that at the moment I shall only have to present two documents here which are both contained in Document Book 1. There is, first of all, Kuntze Document Book 18, which immediately follows the document just dealt with. That is page 20, Kuntze Document Book 1. This document will be offered as Kuntze Exhibit 29. It is an affidavit by Major General Juppe, dated 12 June, 1947. The affiant, as the document shows, was in 1942 and 1943 Commander of the 704th Infantry Division. He made the following statements:
MR. RAPP: Your Honors, I object to this affidavit. The affiant was in the area from September 1, 1942 to February 15, 1943. That was in the period that General Kuntze was not in the Southeast anymore, so anything the affiant may say, that has been done in connection with the Reconstruction of the economy could not be credited to General Kuntze, out of the affiant's testimony. He was not there any more.
DR. MENZEL: If the Tribunal please, I would like to make the following statement in this connection. The affidavit concerns the attitude of the German occupation forces towards Serbian Economy -
it is correct that the affiant was commander of the beforementioned Infantry Division as of 7 September 1942, that is after General Kuntze had left the area. However, the document is to show how generally the attitude of the occupation forces was towards the problem of the Serbian economy.
After all, it is not the case that this attitude changed suddenly, and that it became the exact opposite of the attitude shown before, and that everybody waited for General Kuntze to leave in order to then change their measures. These measures must have been started at an earlier period also.
PRESIDING JUDGE CARTER: The objection will be sustained.
DR. MENZEL: I shall now turn to another document, Document No. 16. That is the following document on page 21 of Document Book 1. This document will be offered as Kuntze' Exhibit 30. I beg your pardon, Kuntze' Exhibit 29.
It is an affidavit executed by Major Pemsel. His name is already known to this Court. He was Chief of Staff with the Commanding General in Serbia until the 6 of December, 1941. The affidavit is dated 17 July, 1947, and the contents are as follows:
A number of measures were taken by the Staff of the High Command with a view to the reconstruction of the Serbian economy and the provisioning of the Serbian population. Of the relatively weak force of combat-troops, considerable numbers were assigned to the maintenance of the Railway- and signal-networks, pits and mines were protected against sabotage by German, Russian and Serbian guard-units and much was done to safeguard the transport of food-supplies and coal.
That was document No. 29, and I shall now turn to the Chapter, "Terror by the Insurgents". I shall start this with Document No. 2, in Document Book 1. It is page 3 of that document book. The document will be offered as Kuntze Exhibit 30. It is a brief affidavit by Major General Pemsel. He was Chief of Staff with the Commanding General in Serbia until December, 1941. He makes the following statement:
"Partisans plundered, assassinated residents, burned and otherwise destroyed farms and villages".
Then I shall deal with Document 4 in the same Document Book, pages 6 & 7 in both the German and English text. This will be offered as Kuntze Exhibit 31. It is an affidavit given by Major General Rudolf Schubert, dated 4 September 1947. The witness makes the following statement:
"From October 1939 until March 1942 I was signal leader with the AOK 12."
I shall continue one line below that:
"With the appointment of the Plenipotentiary Commanding General in Serbia for fighting the partisans, a section of the Army Signal Regiment 521 under my direction was subordinated to him."
I shall omit the balance of this paragraph, and start with the next paragraph:
"A supply column of this section of the Signal Regiment was ambushed by the Partisans and shot up. I cannot make an exact statement as to the strength of this column there were approximately 40 to 50 men under Captain Lehr, two cars and 5 or 6 trucks. Only one truck managed to escape back to report the attack."
I continue now, three lines below that:
The result of the inquiry was:
1. 22 men, amongst them Captain Lehr and a lieutenant, were found shot dead in a narrow place away from the road.
2. Several bodies were found on the road, where they had died fighting.
3. One man was found seriously injured.
4. Several men were missing.
The vehicles were burnt.
The wounded man made the following statements:
The partisans herded the prisoners, some of whom were wounded, away from the road. Four (?) men who were able to speak Czech or Polish were taken out and marched off as prisoners. The remaining prisoners were shot dead with machine guns, and those who were not dead immediately, were shot in the head at close range.
The wounded man himself who had already been seriously injured in the fight, was again hit several times by machine gun fire. He lost consciousness, was left lying as dead, and was later able to drag himself to the road where he was found. The killed prisoners all showed several gunshot wounds, some of them had been shot in the head at close range. Of the men mentioned in No. 4 two were able to escape much later and returned to their regiments. They corroborated the statement of the wounded man about the herding together of the prisoners and the selection of Czech and Polish speaking men.
As they were taken away they heard the machine gun fire and the screams of the victims. Strength of the partisan group: approximately 200 men in peasant clothes. Now there is one addition made by affiant, that surprise attack took place on the 4th of October -- on the 2nd of October, 1941.
MR. RAPP: In reference to the last paragraph of the affiant that the attack took place on the 2nd of October, 1941, I do not see any relation of these to the defendant Kuntze. I object therefore to the admission of this affidavit.
It is again like the previous one, and has no relation to the defendant. At that time he was not in charge.
DR. MENZEL: I may, in this connection point out that the document is being submitted in order to show the general method of warfare used by the partisans. In my opinion, the Defense must have the right to give evidence for this method of fighting, dating from the whole period of time. After all, this method of fighting did not suddenly change when General Kuntze came to the Balkans, or left the Balkans.
PRESIDING JUDGE CARTER: It appears that this event took place immediately prior to the time that General Kuntze took over in the Southeast. We think the information that he gained of it may have influenced his action, and may have had something to do with his conduct in the Balkans.
The objection will be overruled.
DR. MENZEL: I shall now deal with a different chapter in my presentation of evidence, and that is the relationship between the Armed Forces Commander Southeast and the Military Administration under Thurner.
In this connection I would like to present Kuntze Document No. 8, which is also contained in Document Book 1, on page 13 of both the German and the English text. This is an affidavit by the previously mentioned Major General Pemsel, who makes the following statement:
The Plenipotentiary Commanding General in Serbia had in name complete authority in the military and administrative spheres. But in practice matters wore as follows: The Military-(Civil-) Administration (Thurner), which worked under the Staff of the Military Plenipotentiary, never considered itself subordinated, as far as I know received directives from Himmler, and reported to the latter. Similar relations existed between the Plenipotentiary for Economy and Goering.
The exhibit number of this document will be Kuntze 32.
Now I shall deal with General Kuntze's relationship to the OKW. In this connection I would like to refer to three documents contained in Document Book 1, Documents 11, 12 and 13. They are on pages 16, 17 and 18 of Kuntze' Document Book 1.
The first Document, document 11, on page 16, will be offered as Kuntze Exhibit 33. It is an excerpt from a letter which General Foertsch wrote to his wife at the time. These documents are in my opinion of particular importance because they do not date from the present time, but they were written immediately under the impression of the events of the time.
It is a letter dated 15 March 1942.
MR. RAPP: Your Honors, I object to the introduction of his into evidence. I believe a very long time ago we went over this famous Mrs. Foertsch's letter once before. Here again we are being furnished merely an excerpt. I have never seen the total letter, and I believe at that time the Court ordered that if anything of this kind was to be used, the entire letter was to be made available to the Prosecution. As it is now, I only have the excerpt.
DR. MENZEL: In this connection, I would like to point out that this letter has already been introduced by my colleague, Dr. Rauschenbach, and it is Foertsch Exhibit 26 contained in Foertsch Document Book 2, on page 31 of both the German and the English text of that document book.
I do not know whether under these circumstances, the objection will be maintained.
MR. RAPP: If it has already been introduced, which I will check in a minute, I do not see why it should be introduced under an entirely new number once again. It merely would confuse the issue.
PRESIDING JUDGE CARTER: I assume that it is being introduced again on the theory that by its introduction by General Foertsch, it is not in evidence as to the defendant, General Kuntze.
MR. RAPP: I appreciate that, Your Honor. I am suggesting, in the event that it has been introduced on behalf of General Foertsch that we possibly could follow the same exhibit number rather than giving this a new exhibit number, being the same exhibit. In fact, that was actually what I had reference too Your Honor.
PRESIDING JUDGE CARTER: I do not think it will confuse the record very much to occasionally permit these exhibits to be offered twice as against different defendants.
The objection will be overruled.
DR. MENZEL: I may add that I consider this document particularly important because although it is a letter by General Foertsch, it deals in many points with General Kuntze.
I would only like to read a few lines:
"Kuntze returned yesterday."
One sentence later on:
"Rather disappointed in service matters, was ordered to the OKW where they gave him short shrift. Several days travelling for the sake of 1½ hours conference. Result: Joint German-Italian measures will shortly be undertaken in Croatia."
Then about one sentence further down:
"General impression: Our worries are by no means appreciated. 'It is the leadership which is to blame if we cannot cope with the rebels, in other words, we are responsible." "Thus Jodl."
And one sentence further down:
"The mere fact alone that no troops will be taken from us, may be considered a success. Motto: Never annoy the Italians."
This was Kuntze Exhibit 33.
Now follows the next letter on the next page, Exhibit 34, which is in a letter dated 8 May 1942:
"This night I returned to Belgrade from a three-day "control"-tour with WARLIMONT: at 10:30 I proceed to S.
It was, in fact an inspection tour ordered by the OKW to determine who or what is responsible for the "nasty mess" in the South-East area. WARLIMONT, who is most reasonable, seemed deeply impressed by what he saw, he recognized as he mentioned again and again, that everything "humanly possible" is being done here, he recognized the prejudices as such and will report accordingly. How far he will be able to influence KEITEL, and about all JODL, who is the man behind the scenes, and almost God-like, I do not know. We are being reproached for not being drastic enough, meddling unnecessarily with the Italians, not giving "precise" reports etc."
While the last exhibits show the lack of success of General Kuntze's representations with the OKW, this document shows also the OKW's attitude towards General Kuntze. There is one more sentence which I will have to read from this document which follows immediately and reads:
"I will not return. He has been commissioned with a new task, again with Greiffenberg as Chief, Kintze is out of favor. I anticipate an early change."
That was Kuntze Exhibit 34. Now follows the next letter which is Kuntze Document No. 13 and this will become Kuntze Exhibit No. 35. It is again a letter written by General Foertsch and addressed to his wife. It is dated 17 May 1942. I am only reading the first sentence of this document:
"I felt annoyed about the damned way Keitel and Jodl deigned to deal with us, that is to say, with Kuntze, that they should regard the people in Serbia as idiotic idlers and to behave like demi-gods."
That was Kuntze Exhibit 35.
Now, I would like to turn to the subject of Greece. I shall start with Document No. 33. That is contained in Kuntze Document Book II on pages 1 to 4. This document will be offered as Kuntze Exhibit 36. This is a situation report which is to show the relations existing between the civilian population and the occupation forces.
Some other facts become apparent also from this document; for instance, that court martial procedures were carried out and that the bands at that time were regarded as robber bands, et cetera.
The situation report, No. 4, is dated 28 October 1941. I would like to read now from paragraph 2c:
"Thus the inhabitants of the village Efkarpia presented on 21 October a memorandum to the Pioneer Batl. 220, in which gratitude is expressed to the German military authorities for the protection of the peaceful population against the bandits, promising their participation in the fight against them. At the same time, one bandit each was captured and handed over to the Greek police by the inhabitants of the villages Efkarpia and Kastri; the police delivered them to the Pioneer Batl. 220. The Pioneer Batl. conducted on 23 October a public Summary Court trial in the course of which one of the arrested was condemned to death and shot subsequently, whereas the second defendant, as he did not belong to the bandits, was acquitted."
I shall omit the next sentence and start reading again the next but one sentence:
"The mood of the population is said to be so filled with hatred against the bandits that even the members of their families refuse to have anything to do with them. This attitude is confirmed by the above mentioned "memorandum" and by the arrest of two suspected men.
At the beginning of the above mentioned trial against those men it was ascertained that the two defendants had been severely beaten up by the population.
"The appearance of the German Summary Court and the execution squad at Efkarpia on 23 October was welcomed by the inhabitants and the Greek police. Before pronouncing the sentence the presiding judge of the Summary Court explained the reasons for the annihilation of the villages Ano and Kato Kerzilion, which had taken place on 17 October. Subsequent to reading the reasons for the finding, the inhabitants of the village expressed their approval of the sentence by shouting and gesticulating."
On page 2, paragraph "d", it says:
"In connection with the proceedings against a bandit who had been sentenced to death by the Summary Court of the Pioneer Batl. 220 for murder with robbery and illicit wearing of weapons, a great number of interrogations of Greek inhabitants from the region to the west of the mouth of the Strymon River was carried out, in the course of which the following clues concerning the bands plague came to the fore."
I would now like to read paragraph 2:
"As arguments for the formation of the bands both Nationalistic and Communistic slogans were employed by the bandit leaders."
I shall omit about six lines and then continue:
"There is, however, the impression to be gained from the interrogations that those slogans had only been chosen in order to recruit for the band both Communist and Nationalistic elements, while in reality they arc nothing but a gang of robbers."
So here, you see the statement that they are just a band of robbers.
Paragraphs 3 and 4 I shall not read. On that next page I shall only read from approximately the 10th line from the top:
"They are instructed to hide their arms in case of danger and to go afterwards as harmless forestry workers to the ravine."
The next part deals with the food situation and I would like to read the last sentence of the third paragraph:
"Several bandits wore permanently charged with the transport of food. For that purpose they used also such inhabitants as refused to have anything to do with the bands, forcing them to hand over donkeys for the transportation."
Then paragraph 6:
"The names of the band members could be ascertained partly by the interrogations of the murderer and robbers sentenced to death, partly from the interrogations of bandits and inhabitants.
"On the occasion of the annihilation of the village Kato Kerzilion on 17 October 1941, 4 bandits from Kato Kerzilion and two from Kazo Kerzilion who had been proved to be active band members on account of the above mentioned interrogations were shot."
Then under "3" we have:
"Search for weapons: At Kato Stavros explosive ammunition was found in the house of an inhabitant. On 22 October he was condemned to death after sentence by Summary Court martial by the Pioneer Battalion 220. On 26 October 1941 a Greek was shot at Kianzitza for illicit possession of arms, after having been sentenced by Summary Court martial."
Paragraph 4 I shall not read, nor 5 and 6.
Now, I shall deal in Document Book II on page 28, with Document 44 which will be offered as Exhibit 37. This is a document which has already been submitted in excerpts by the prosecution as Exhibit 215, and now I shall read a further extract which has so far not been read.
PRESIDING JUDGE CARTER: What was the number of the exhibit again, please?
DR. MENZEL: Exhibit No. 37.
This passage deals with the treatment of prisoners:
"On 7 February 1942 28 former Greek officers from Mytileni were delivered to Saloniki because they were suspected of smuggling people to Turkey. They are interned temporarily in a private home and guarded. An Italian escort guard unit delivered 467 Greek prisoners of war from Crete who live in this command area, to Transit Camp 183. They all had discharge certificates and were therefore released. The number of incoming English P.W.'s is slight. 17 Britons were recently brought in, 253 were sent to Germany."
That is Exhibit No. 37 and I shall now continue still in Document Book II with Document 51 on pages 41 and 42. This will become Kuntze Exhibit No. 38.
PRESIDING JUDGE CARTER: I think we will take our noon recess before you read this exhibit.
THE MARSHAL: The Tribunal will be in recess until 1330 hours.
(The Tribunal adjourned until 1330 hours 8 January 1948)
AFTERNOON SESSION (The Tribunal reconvened at 1330 hours 8 January 1948)
THE MARSHAL: The Tribunal is again in session.
DR. LATERNSER (Counsel for defendants List and von Weichs): Your Honors, I should like to announce a witness, the witness, Julius Ruehm. His examination will take about half an hour according to my estimate. Only today did I hear of this witness. He is being called at this moment and I should like to examine him. If you please, I am prepared to call him when the documents of my colleague, Dr. Menzel, have been presented.
If the Prosecution insists on the 24-hour time limit, I shall only be able to hear him tomorrow. I myself have not talked to the witness; only one of my assistants has.
MR. RAPP: Your Honors, yesterday I believe Mr. Fulkerson called to the Tribunal's attention the serious situation we may be faced with in regard to the continuity of this trial on the part of defense counsel. I believe yesterday, if Dr. Laternser of any of his colleagues wanted to produce a witness today at the end of Dr. Menzel's presentation, such witness could have been announced then. Defense-counsel must have certainly known that such witness was in the offing and, having played safe, they could have said: "We will hear him tomorrow providing he is here." They then could have withdrawn if he had not arrived.
We feel that we are in no position to waive the 24-hour requirement. We were held very strictly during the direct case to it. We are not prepared to cross examine him. I don't know who the man is. I cannot be expected to cross examine a witness without any preparation whatsoever.
DR. LATERNSER: Your Honors, this witness, whose name I have just announced -- his name is Julius Ruehm -- it is only today that I heard about this witness. The witness whom I announced yesterday cannot be because he is on his trip here now.
I have endeavored in this case to act as fast as possible so that the procedure would not be disturbed.
MR. RAPP: Your Honors, I would like to call one other thing to the Tribunal's attention. I don't on the part of the prosecution like to have the onus for having delayed this be put on the prosecution by not agreeing to waive the 24-hour period. The onus rests squarely, as far as we see it, with defense.
DR. LATERNSER: There can be no question of any onus at all. I merely wish to prevent a delay in the case, as it is to be expected that tomorrow morning the document books of my colleague will be finished -- that is, of colleague Mueller-Torgow.
PRESIDING JUDGE CARTER: Of course, the Tribunal is without any authority to waive the 24-hour rule. If the prosecution doesn't agree we will have to abide by it and we will hear the witness at one-thirty tomorrow afternoon or as soon thereafter as we can get to it.
DR. LATERNSER: Your Honors, I shall then call the witness at one-thirty tomorrow afternoon.
PRESIDING JUDGE CARTER: You may proceed.
DR. MENZEL (Counsel for defendant Kuntze): May I bring to the attention of the Tribunal that before the recess we stopped at Exhibit 38, Document 51, in Document Book II, pages 41 and 42. It concerned the Greek sector. It is an excerpt from the enclosures to the war diary No. 2 from 1 January until 21 November 1942. The document is being submitted as contained as showing that a warning was given not to commit any act of sabotage and that for the rest the terms "hostage" and "reprisal prisoner" were being confused in the reports. On page 42 we have a daily report of the Commander Southern Greece to Armed forces Commander Southeast dated 29 of May 1942. I shall read from Section II:
"Special occurrences besides the combat activity of the troops.
"With regard to the Daily Report Ia Letter Register 40439/42, it is reported that three Greeks who were in possession of explosives were arrested by Italians. The Italian Army headquarters was contacted to the effect that it issued a decree which is to be published by the press and to be broadcast saying that in case such occurrences should be repeated hostages from Greek circles which are convicted of a hostile attitude or action will be shot."
That is Exhibit 38 to be followed by Exhibit 39 that is Document 45 in Document Book II on page 29 of the German. The English text is page 29 and 29a. It concerns an attack on airport Iraklion (Crete). The document is submitted as tending to establish that armed forces commander Southeast did not order any retaliatory measures but merely tactical measures on this occasion and also as establishing that a court martial investigation took place upon the order of armed forces commander South Kesselring. In this connection I would like to read:
"Attack on airport Iraklion.
"1830 hours: Military Commander Southeast orders teletype report from Commandant of Fort Crete concerning:
"1) When were Fortress Crete Division, Section Detachment, Airport Detachment warned of the Sabotage act that was to be expected?
"2) Who is responsible for guarding the airport?
"3) What additional security measures were taken after warning?
"4.) What orders were given to secure the coast line Mallia Inlet-Iraklion?
1950 hours: Military Commander teletypes order to Commandant Fortress Crete, Commander South Greece, and Commander Saloniki -Aegean: Enemy raid on Iraklion airport was successful. Guarding of all airports is to be strengthened, to prevent possibility of such recurrence."
I shall omit the next paragraph and proceed with Sub-Section 1:
"Forwarded with additional directions and telephonic and verbal explanations of details and execution last time 10th, 12th and 13th June 1942.
"Court martial proceedings against airport commandant begun on order of Commander-in-Chief South".
That was Document 45, Exhibit 39, to be followed by the last document on this topic, Document No. 21 in Document Book I on page 29. It will be Exhibit 40.
It is an affidavit of Ulrich von Fumette, dated the 31st of August 1947. He was the personal aid of General Kuntze. "General of Engineers Kuntze told me that he had commuted a death sentence to a prison sentence in the case of a Greek who had been brought before a court-martial -- I believe for possession of arms. I did not see the files myself." I shall omit the remainder of the paragraph and proceed with the next paragraph:
"General of Engineers Kuntze told me that the supply situation in Greece had become so serious, because in peace-time supplies had been received bysea. The capacity of the single-track railroad BelgradeNisch-Salonica-Athens was not sufficient to guarantee the supply of the German troops and the Greek population. For this reason he had told conferences with the Quartermaster General of the Army and the General in charge of transportation, to find ways to improve the supply situation. A certain percentage of the food supplies received had been handed over to the needy Greek population." I shall then proceed with the last paragraph:
"As far as I may voice my opinion, General of Engineers Kuntze was a soldierly, upright personality, simple and modest in his habits, a well-meaning superior and an energetic, loyal officer."
This concludes this particular topic and I shall now proceed with another topic; that is, the Greek losses in 1947 and threatened reprisals in Berlin. I shall begin with document 52 in Document Book 2, page 43. I give this document the exhibit number 41. It is an excerpt from the newspaper, "Stuttgarter Nachrichten" issued 30 April 1947.
MR. FULKERSON: I think , if your Honors please, I would like to object to this on the same grounds as the prosecution has advanced for the exclusion of other newspaper clippings.
DR. MENZEL: If it please the Tribunal, I should like to state in this connection that one ought to try to find out the truth and ascertain it, and that only a limited material is available for certain topics.
In this connection I would like to refer to Article 7 of the Ordinance, No. 7, according to which the Court is not bound by certain rules of evidence and is authorized to admit any evidence which may be of probative value and that the rules about documents are valid only as long as they do not infringe on that general rule. Of course, the conditions of Greece can not be shown by any other kind of material today.
JUDGE CARTER: The objection will be sustained.
DR. MENZEL: This objection having been sustained, I have to drop the next document which is also a newspaper clipping, copy of a newspaper clipping, and shall proceed with Document 54, Document Book 2, page 45, to be assigned Exhibit No. 41. It is an excerpt from the official Gazette of the city of Berlin, dated 10 July 1945. It has already been submitted and is presumed to be known.
MR. FULKERSON: If Your Honors please, I don't see why this particular document is not subject to the same objection that was just sustained. Further, the original has not been introduced in evidence. The best evidence rule has not been complied with.
JUDGE CARTER: I think this same exhibit was introduced yesterday and received, for the purpose merely of showing notice as to what occurred, similar to certain exhibits that the prosecution offered for the purpose of showing notice. The exhibit will be received, but there will be no necessity to read it, because it was read here yesterday.
DR. MENZEL: I did not have the intention of reading the exhibit. I merely wished to identify it. That was Exhibit 41. I shall now turn to the Commissar's Order and shall begin with Document 18 in Document Book 1 on page 24. This document to be exhibit 42. It is an affidavit by Hans Arthur Einbeck, who was with the 42nd Army Corps when Kuntze was the Commanding General of the Army Corps. The affidavit, dated 2 September 1947, reads:
"I herewith confirm that the Commanding General of the 42nd Army Corps, General of Engineers Walter Kuntze, prior to the beginning of the Russian Campaign, gave the verbal order to deal with all Russian Commissars taken prisoner according to martial law, and not to carry out the Commissar order.
How far this order corresponded to a directive by the 9th army, I am not in a position to say."
I shall now refer to the next document, on page 25 and 26. It is Document 19, to be exhibit 43. It is an affidavit of Major-General Weckmann, dated 4 September 1947, who was Colonel and Chief of the General Staff of the 9th Army, (General Oberst Strauss). "I was Colonel, Chief of the General Staff of the 9th Army (General Oberst Strauss) until 16 October 1941. In place of General Oberst Strauss, at present in hospital, I declare: I heard General Oberst Strauss give the verbal order not to carry into effect the "Kommissar-Befehl" (Commissioners' Order). I know of no instance of this order being contravened in the area under the control of the General Command 42nd Army Corps or the forces subordinate to it."
I shall now refer to Document Book 3 and to Document 73 on page 31, to be Exhibit 44. It is an affidavit by Heinz Ziegeler. It reads as follows:
"I was Chief of Staff with the Corps Headquarters 42nd Army Corps tin the period in which General (Engineers) Walter Kuntze was Commanding General of the 42nd Army Corps.
"The 42nd Army Corps joined the 9th Army just a few days before the start of the Russian campaign. The tactical orders had already reached the three subordinated Divisions at this time. The Corps Headquarters had to intervene only as regards the carrying out of these orders, that is to supervise the method of carrying out.
"When the Corps Headquarters was later subordinated to the 18th army in Estonia, the Commissar Order did not reach Corps Headquarters afresh from this authority.
"To the Corps Headquarters in Esthonia were subordinated:
the 217th Division after the middle of July and the 61th Division approximately the middle of August.