If these Divisions are believed to have been in possession of the Commissar Order the latter can only have received the Commissar Order from another authority in the period before the start of the subordination to the 42nd Army Corps.
"During my activity as Chief of Staff, no case came to my knowledge where the shooting of Commissars in the area of the Corps has been reported to Corps Headquarters."
This document is submitted as tending to establish that the subordination of the 217th Division took place only after the middle of July. This is important because of the Document Exhibit 592 which was submitted in the cross examination dealing with events from the beginning of July. The subordination of the 61st division and the statements made in this connection are important in view of the document 593 submitted for cross examination.
I shall now turn to the next document in the same document book; it is Document 74 on page 32 and 33, to be Exhibit 45. It is an affidavit by Eberhard Einbeck, dated the 26th of November 1947:
"I was Ia with Corps Headquarters XXXXII Army Corps in the period in which General Kuntze was Commanding General of the Corps.
I refer to my affidavit dated 2 September 47 in which I affirmed that General Kuntze, before the start of the Russian campaign, issued the order orally to treat Commissars taken prisoner in accordance with the Articles of War and not to carry out the Commissar Order, and declare in addition: - After the subordination of the XXXXII Army Corps to the 18th Army about the middle of July 1941, the Commissar Order has not been passed on by the XXXXII Army Corps to the subordinated Divisions.
Nor did the XXXXII Army Corps when it arrived in the area of the 18th Army receive the Commissar Order from the 18th Army either. If this Order had reached the XXXXII Army Corps from the 18th Army, I should inevitably have known this as Ia.
During my activity as Ia, no case came to my knowledge where within the area of the XXXXII Army Corps, Commissars have been shot.
The 217 I.D. was subordinated to the Corps Headquarters during the period from about the second half of July to about the middle of September 1941.
The 61st Div. was subordinate to the XXXXII Army Corps in the period from approximately the middle of August until the Corps Headquarters was detached from the 18th Army, As I still remember distinctly, the detaching of the Corps Headquarters took place before the operation against Dagoe began.
This would probably have been in the last third of September. I no longer remember the exact date accurately, nor can I ascertain it any longer. I do not remember that the 61st Inf. Div. had reported the shooting of Commissars in the battle for the Island of Oesel, If this shooting had been reported to Corps Headquarters, I would have been bound to know about it too.
The prisoner collecting points on the Oesel Island were under the 61st Div. employed there, the prisoner camps on the mainland were under the Commander of the Communication's zone of the 18th Army and not the XXXXII Army Corps.
The military police units of the Divisions received only action orders from the divisions, police instructions and orders, on the other hand, directly from the military-police Officer of the Army to whom the Military-police units were subordinate, in so far as service with the troops was concerned.
That was Exhibit 45.
The last document on the topic of the Commissar Order will be found in the same document book, Document 75, on page 34 and 35 of the German edition. This document is to establish that the subordination of the 61st Infantry Division was completed by the end of September 1941. While the shootings asserted by the prosecution took place in October and on the 26th of September, 1942.
I shall produce an additional document in this connection at a later stage. This document 75 is to be Exhibit 46. An affidavit by Joachim von Woedtke, dated the 3rd of December 1947:
"I was Corps Adjutant of the 42nd Army Corps during the time General of the Engineers Kuntze was Commanding General of the Corps.
"I was a witness when General Kuntze shortly before the start of the Russian campaign gave oral instructions to Division Commanders subordinated to him that captured commissars should not be shot, but treated as prisoners of war.
"Neither during the subordination of the Corps Headquarters under the 9th Army, nor during its Service under the 18th Army has any case become known to me of commissars being short within the area of the 42nd Army Corps.
"The 217th Infantry Division was during the period of about middle of July until about middle of September '41 subordinated to the 42nd Army Corps. The 61st Infantry Division served under the Army Corps Headquarters from about the second half of August to about the second third of the month of September '41, inclusive. The Army Corps Headquarters delegated the preparations for the operations against the island of Dagoe to the 61st Division, separated from the 18th Army and approximately in the first days of October was after a short rest in Pernau and Riga dispatched to Rumania by train. As far as I remember on 26 September 1941 the 61st Division was no more subordinated to the 42nd Army Corps. I can state with certainty that the Army Corps Headquarters received no knowledge of a shooting of commissars by the Military Police Troop 161. If such a report would have been received by the Army Corps Headquarters, I as Corps Adjutant would have had to know about it.
"The following I further wish to emphasize:
"I still remember clearly that during an official visit of General Kuntze with the 61st Division, General Kuntze made his position in regard to the treatment of prisoners of war clear to the Commander of the 61st Division and told him that he demanded decent treatment for all prisoners of war. This attitude was entirely in line with the high ethical conception that General Kuntze had regarding the principle of war conduct.
"Since I accompanied General Kuntze on most of his daily trips to the Divisions under his Command, I was often a witness for his personal care in the humane treatment of prisoners of war and his endeavor to alleviate the fate of the prisoners of war."
So much for Exhibit 46.
I now come to the last but one topic of my defense. I merely wish to submit but one document on the topic of the Commando Order. It's Document 20 on pages 27 and 28 in Document Book 1, to be Exhibit 47. It's an affidavit by Kurt Rittmann dated the 5th of September 1947. It reads:
MR. FULKERSON: I would like to object to the introduction of this document on the ground that it's irrelevant because, so far as I can tell, it relates only to the time after the defendant Kuntze left the South-East.
DR. MENZEL: It's the question in this case whether General Kuntze had received the Commando Order at all; whether he forwarded it and transmitted it or whether he participated in any way in this Commando Order by ordering its carrying out etc. Of course, he was at that time with the Reserve Army. It's to be established by this very document that when with the Reserve Army he had no influence at all on the enforcement of the Commando Order. He has after all been charged with having participated in the Commando Order. He must be afforded an opportunity of proving that that was not the case even at the time when he was with the Reserve Army. That was the only time he could have had anything to do with it.
JUDGE CARTER: We'll receive the exhibit for what it's worth.
DR. MENZEL: May I then read from Section 1:
"As from 1 September 1942 I belonged to the Staff-Chief of Army Equipment and Commander of the Replacement Training Army, Generaloberst Fromm. On 1 October 1942 I was detailed as referent Ia (Captain) to the staff of the recently founded office 'Chief of Training of the Replacement Training Army'. General of Engineers Walter Kuntze was appointed chief of this office; as far as I remember, he arrived in Berlin for this purpose towards the end of September 1942, but at the latest, on 1 October 1942."
I shall omit the first sentence under Section 2 and proceed:
"Only the service schools, schools for officer aspirants, schools for non-commissioned officers, as well as their instructors, were subordinated to the command of the 'Chief of Training of the Replacement Training Army'. The reserve and training units of the Replacement Training Army were directly subordinated to the Commander of the Replacement Training Army. The 'Chief of Training of the Replacement Training Army' could only issue orders to them in the name of the Commander of the Replacement Training Army with regard to the training."
I shall omit section 3 and proceed with section 4:
"The so-called 'Commando Order' had therefore nothing to do with the tasks of the 'Chief of Training of the Replacement training Army'. If this order was distributed at all within the Replacement Training Army, this distribution would not have been the task of the Office of General of Engineers Kuntze, but that of Staff/Chief Army Equipment and Commander of the Replacement Training Army, Generaloberst Fromm.
"It may well have been possible that the 'Commando Order' was forwarded to the office 'Chief of Training of the Replacement Training Army' for mere orientation. This office was not concerned with the forwarding of this 'Commando Order' to subordinate offices, because for possible front line assignments (Einsatzaufgaben), the service schools, etc., with their instructors, were not subordinated to the 'Chief of Training of the Replacement Training Army', but to the 'Chief of General Army Office' (General of Infantry Olbricht summarily shot on 20 July 1944), a further office of Chief Army Equipment and Commander of the Replacement Training Army.
"5. To sum up, I again declare:
"In October, 1942, General of Engineers, Walter Kuntze, was chief of the office 'Chief of Training of the Replacement Training Army' with the Army High Command (OKH) Chief Army Equipment and Commander of the Replacement Training Army. It was neither his job nor his duty to participate in the distribution or the execution of the so-called 'Commando Order'. As referent Ia of his office I should have had knowledge of this."
The last topic of my defense will be an appraisal of the personality and character of General Kuntze. I should like to submit a series of documents, but I shall only read fragments of them and I beg the Court to take judicial notice of the remaining contents which will not be read. I shall begin with Document 22 in Document Book 1 on page 30, to be Exhibit 48. It is an affidavit by Emil Quandt, dated 29 July 1947, who has known General Kuntze for almost forty years as is evident from the affidavit. The affiant says, among other things -- that is in the fourth line from the top:
"I, as all his comrades, esteem Kuntze very highly for his clean, noble character, his untiring diligence, his honesty, his attention to details. He also showed these qualities towards the enlisted men and was very popular. Whatever Kuntze did, he did thoroughly, always conscious of his respond sibility; he never did anything he could not have reconciled with his conscience."
I beg to proceed with about the ninth line from the bottom "I am absolutely certain that General Kuntze never infringed upon human rights.
His pure, soldierly character of the best tradition eliminates absolutely any inhuman behavior. However, I do not wish to deny that the cunning and callous way of fighting by partisans which nowadays again becomes apparent during fights in Northern Greece, required more stringent measures than customary. If General Kuntze ever ordered these harder measures to be applied, which, however, I still do not believe, then he only did so in order to protect his men from the proven cruelties and atrocities committed by the partisans, and to defend the position that he had been ordered to hold."
This will be followed by Document 24, in this same document book, on pages 33 and 34, to be Exhibit No. 49. It's an affidavit by Kurt Zindler, dated 1 October 1947. I shall read the beginning:
"General of Engineers Kuntze was Commander General of the XXXXII Army Corps from the spring of 1940 until October 1941, during which time I was Commander of the Headquarters of this Army Corps, and was continually in close touch with him. I recall his high qualities as a man and as an officer, whose chivalrous principles became particularly apparent in enemy country; I well remember the following:
"Before the beginning of the campaign in France, General Kuntze issued strict orders against every kind of plundering."
I shall proceed four lines below:
"If any warehouses or factories were found in the headquarters' area, then I had to post a guard over them and entrust their protection to the following troops. As the main baggage with the canteen was mostly far behind, the General's batman once asked me for a piece of soap for the former, because the General would not permit him to take such a piece from his quarters, although there was plenty of it available."
I shall continue:
"The General was from dawn until late evening right in front with the combat units during the whole campaign. On one occasion, the adjutant accompanying him was killed by a shot in the head. His courage was as well known as his modesty. During the whole day he lived on slices of bread and drank from his field bottle. When he arrived at his quarters in the evening, he refused every special meal and demanded the field-kitchen midday meal, which, in the heat, was often difficult to keep."
At the end of this document I should like to read from the next paragraph. It's the last paragraph on page 34:
"At the beginning of June 1941, a few of us gathered together in the officers' mess, received the order to leave for the East. General Kuntze immediately made his farewells and I accompanied him when he left. In the hall he looked at me seriously and said, literally: 'War with Russia, Zindler Do you know what that means?' Then he thanked me for accompany ing him and went home alone. From this time on he appeared to me to be every more serious and quiet. His official discipline obviously became milder and milder. I was continually under the impression that he suffered under this development in some way, without saying anything about it."
I proceed with the last sentence:
"To me, General Kuntze was a shining example of the officer whose thoughts and acts were always chivalrous and noble. I do not regard him as being at all capable of consciously committing an unjust action against those entrusted to his care."
The next document I wish to read is 25 in Document Book 1, pages 35 and 36, to be Exhibit No. 50. It's an affidavit by Herr von Donat. I shall read from the first paragraph:
"Herr General of Engineers Walter Kuntze has been known to me personally, both in an official and non-official capacity, for about twenty-five years."
I shall omit this paragraph and proceed with the next paragraph: It's the next paragraph:
"All superior and subordinate officers and men held Herr General of Engineers Walter Kuntze in the highest esteem with regard to his character, person and military ability."
I shall omit about four lines:
"He was one of the most correct officers I have ever known. He was far from being arrogant or self-assertive."
I shall proceed with the next paragraph:
"Being personally filled with an unflinching sense of justice and possessed of deep human understanding, as well as the ability of arriving at fair judgments, he never once tolerated injustices towards and molesting of subordinates, nor even the use of swear words or the use of other indignities."
I shall proceed with the last paragraph:
"Therefore, according to his entire character, his disposition and conscientiousness of duty, it is impossible for him to have tolerated or in any way even ordered crimes against humanity."
The next document is 26 on page 37, Document Book 1, to be Exhibit No. 51, an affidavit by Major General Jordan, dated 15 August 1947. The affiant has known former General Kuntze for almost thirty years. Will you please take judicial notice of this document without my reading it.
To be followed by Document 27 on pages 38 and 39, to be Exhibit No. 52, an affidavit by Otto Luedecke, dated 13 August 1947. I shall merely read the first sentence:
"I have known General of Engineers Walter Kuntze since 1923."
I shall proceed with the first sentence of the second paragraph:
"These qualities, his fine character, as well as his military conduct, his extreme conscientiousness combined with humaneness and a soft, sympathetic heart, hidden behind iron correctness, have always been an example for me."
"Apart from considerations of absolute correctness and justice, he always allowed himself to be ruled by human feeling and understanding even when, as Disciplinary Office, he applied the Military Penal Cole."
That is paragraph 3.
I shall proceed with Document 28, page 40 to 43, to be Exhibit No. 53. It's an affidavit by Alfred Scheuerl, dated 31 August 1947, which goes into details. I should like to dispense with reading it into the record. I shall read from the second page, that's page 41, about the middle:
"I cannot imagine that a man who himself was an example of good character -- who made the highest demands on his soldiers with regard to discipline and integrity, who severely punished any misdemeanor, particularly in that connection, but who also restored right and honor to the simplest man, if to the best of his knowledge and conscience this man was innocent -- even if this decision meant reprimanding high disciplinary authorities under his subordination; I cannot imagine that such a man would consciously or even negligently violate the laws of humanity."
That was Document 28, to be followed by Document 30 in the same Document Book 1, on page 44, to be Exhibit 54.
It's a declaration by the Cathedral Capitular, dated 21 August 1946. The Catholic Rectory of the Jodokus Community, as represented by Capitular Schmidt, certifies:
"During his long activity in Bielefeld, General Kuntze made the most zealous efforts in assisting pastoral work. He paved the way for the Protestant as well as the Catholic minister in the Wehrmacht so that they were able to execute their official duties. He attached great importance to the arrangement of religious lectures and his soldiers were required to attend religious services. He showed special preference for camp services, which every soldier was obliged to attend and thereby rendered accessible to religious influence. His great interest in ecclesiastical matters and the spiritual encouragement of his men clearly prove that he was far removed from the false doctrine of National Socialist ideas. The public highly respected him as a man of genuine character."
The next document is to be #31, to be Exhibit 55. It's on page 45. It is the affidavit of a catholic Chaplain. I shall merely read the second paragraph:
"Herr Kuntze behaved correctly in dealing with the population as well as with his host, Pater Messer. The latter was a fierce opponent of the Nazis and has never a secret of this conviction. The General was sure to know of it, but never created any difficulties for the priest. On the contrary, friendly relations existed between the tw, often leading to confidential discussions on existing conditions. The General also granted his soldiers full liberty with regard to their attendance of religious services. In dealing with the Roman Catholic truly ecclasiastically-minded population, he showed himself always as a loyal, fair and liberally-minded officer."
The last document in this volume is Document 32 on pages 46 to 48, to be Exhibit 56. It's an affidavit by Fritz Strauss, Colonel, dated 27 August 1947. As is evident from this affidavit, he has know General Kuntze since 1938. He describes the activity of General Kuntze on the West Wall and his general attitude. I shall merely read the last paragraph on page 46. No, I beg your pardon, the last but one paragraph. That is, the last sentence of the paragraph:
"He never learned the art of elbowing and forcing his way, of impetuously asserting himself in positions which carried authority. Servility was not in his line, not even towards Hitler. I myself was a personal witness of this when Hitler, in summer 1939, before the war, came to the Westwall. General Kuntze's statements then were strictly to the point, without admitting any compromise - a General, giving a report to the highest authority, not as atom more.
"Hitler later had a medal coined, the so-called Westwall medal. General Kuntze, the builder of the Westwall, was the only one on whom it was not conferred on the occasion of the first official and particularly solemn award.
I openly expressed my indignation to him at his disregarded of his person. General Kuntze merely smiled in amusement. He had been ordered to build the West Wall, everything else seemed unimportant to him."
Page 47:
"General Kuntze already held the rank of a general of the Engineers before the war. Thus, he was not promoted during the whole of the war, a unique instance which seems incomprehensible in view of the careers accomplished by his younger and coeval comrades."
I shall omit the next paragraphs and proceed with the paragraph:
"For his subordinates, men as officers, the General always had a warm and fatherly heart. But from each one he demanded extreme willingness to give his very best and to show exemplary behavior as a man and soldier. Inexorably and without paying regard to the person concerned, he punished encroachments of any kind which were not compatible with the honor and decorum of a soldier, above all the disregard for strange property."
I shall proceed with the last paragraph:
"I will always remember him as a man of pure intentions and as an honest, simple soldier who always did only his duty; who detested injustice, and never tolerated it in his subordinates; it was incompatible with his Christian philosophy of life and character for him ever to commit any wrong consciously."
I shall now deal with Document Book 2, with Document 52, on pages 46 and 47.
It's to be Exhibit 57. Correction, it's document 55, not 52. It's an affidavit by Otto Roselieb, dated 15 September 1947. I shall read the first sentence:
"During tho period from Autumn 1940 to 9 August 1942, I was personal orderly to General (Engineers) Walter Kuntze and was one of his immediate circle of associates at this time.
I believe, therefore, that I am in a position too, to pass unprejudiced judgment on General Kuntze as a superior and a man."
I shall omit four lines, and proceed:
"He rejected any personal display. He put no value at all on recognition by his superiors, especially promotion or conferring of orders. He repeatedly stressed the fact to me that the affection of his subordinates and their recognition was far more important to him.
"General Kuntze cared like a father, not only for me, but for all his subordinates."
I shall proceed with about the seventh line from the bottom in the German text:
"He repeatedly declared to me, too, that he was not in favor with Hitler because he did not treat the enemy severely enough and had no National Socialist leanings. Also, when he returned from the official conference at Hitler's Field Headquarters in the Spring of 1942, he explained to me that his view of Hitler's attitude towards him, because of his too gentle procedure, had been confirmed by this conference at the Fuehrer's Field Headquarters."
Page 47:
"General Kuntze attributed the fact of his being relieved in August, 1942, to this attitude of Hitler. While he held office as deputy WB (Commander of the Armed Forces) Southeast, I often accompanied General Kuntze on his official journeys. As the situation in Greece was peaceful, we mostly traveled without escort whether by rail or car. In Serbia, on the other hand, raids by partisans had always to be counted on, for which reason we not only took our arms with us but were always accompanied by a military detachment.
"It is known to me personally that General Kuntze was always intent on decent, just treatment of the Greek population. He repeatedly saw to it that food-stuffs from Wehrmacht supplies were made available for the civilian population, and, among other things, provided for the delivery of fish to the civilian population.
To help the population, General Kuntze instructed, as I still remember, that the staff was to cultivate vegetables itself and discontinued taking them from Greek stocks. The fact that General Kuntze, distributed bread almost daily to Greek children, even giving them his own share, demonstrates his human attitude to the Greek population, too."
The next document is Document 57, Document Book 2, on page 49, to be Exhibit 58, an affidavit by Cathedral-Cartulary Dr. Christian Dolfen, dated 18 July 1947:
"I became acquainted with General of the Pioneers Walter Kuntze as Commander of the 6th Infantry Division. When Herr Kuntze came to Osnabrueck, I was often able to talk to him as man for hours at a time. During the 30 years of my pastoral labors, I became acquainted with many officers, but after becoming acquainted with Herr Kuntze, I have always tressed in the circle of my clerical friends that during the long years of my activity I had hardly ever met such a noble, high-minded character as Herr General Kuntze. Some of the conversations with him were carried on such a plane of deep emotion, that they are cherished as some of the most unforgettable memories of my long years of priesthood."
The next document will be 58 on pages 50 to 51, to be Exhibit 59. It's an affidavit by Lieutenant General von Donant, dated 1 November 1947. I shall read from the beginning:
"In February, 1944, and early in August 1944 (soon after the 20 July) when I was Commander of the railway pioneer school at RehagenKlausdorf near Berlin, anonymous letters of denouncing character were written about me to Hitler and Himmler. In those letters my person, descendency and my conduct were draw into the dirt through injurious and false claims. The purpose was - as became evident later - to force me out of office and to 'finish' me, if possible, forever, since I was suspected to be a reactionary, hostile to the Nazis."
I shall proceed with the middle of next paragraph:
"In both cases the General prevented my being personally interrogated and placed himself in front of me without regard to his own safety. Thereby I was in the first case saved from being court-martialed and in the second case from being dishonored by arrest and sentenced by a higher court or saved from the people's court of the notorious Freisler."
I shall proceed with section 2, middle of the next page, page 51:
"General of the Pioneers Kuntze as Chief of the training program in the Reserve Army had also all training schools and officers-training schools under his command. He directed this training by way of a special office. In 1944 - I do not know if this was before or after 20 July - this office suddenly was graded down to a specialist division with the 'Commander of the Reserve Army' and General of the Pioneers Kuntze slowly ousted. The General never talked to me about this because of his noble attitude, he never discussed matters concerning his own person with subordinates for reasons of discipline. However, it was an open secret that the dissolution of the office occurred because one did not believe of General of the Pioneers Kuntze that he would educate the young officer candidates in a sufficiently active and decided Nazi spirit and that he would influence the troops correspondingly. This could also be inferred from the fact that besides the dissolution of his office, all officer candidate and officer schools were separated from school units to which they had belonged and subordinated to another 'Nazi-safe' command.
"3. General of the Pioneers Kuntze was known for his calm and serene thinking and judgment, and that he tried as much as possible to keep the exaggerated Nazi orders away from the troop and the young enlisted personnel. Therefore, I never heard of the General of the Pioneers Kuntze making a public speech of political incitement or so addressing his troops. Also during conferences of commanders and officers, he never presented matters of world outlook and national socialism or gave his own instructions in this respect.
In all his conferences he always dealt only with technical matters of training and official troop affairs. In his great reserve and noble coolness towards the S NS-Party, the SS and all representatives of Nazism, his inward opposition of this world outlook and its system unworthy of human beings became clearly Apparent and recognizable."
(Menzel)
The next document will be 59, Document Book 2, to be Exhibit 60. It is an affidavit by Heinz Joachim Ehrenfeucht, dated the 24th of September, '47. I merely wish to read the following; which is the first sentence:
"From 1943 to 1945 I was subordinate to General of Engineers Kuntze and I believe that never does a chief know a soldier as well as a subordinate his chief."
I shall omit the bulk of the paragraph and proceed to the middle of the affidavit:
I was always under the impression that he, as a former soldier of the 100 000 Man Army, had an aversion against the Party. He, therefore, considered it his duty to educate especially the young soldiers to a decent, civil, Christian disposition, to a morally clean attitude, to honesty and good comradeship, declining the propaganda hubbub of the Party. He taught his officers in many discussions, held by himself, a chivalrous behavior as he had learned it as a lieutenant by the AKO (i.e. Army War Manual) of Emperor Wilhelm I.
The next document is Document 60 on pages 54 to 56, to be Exhibit 61; also in the same Document Book. It is an affidavit of Major General Wolf Menneking.
The affiant stated that he had known General Kuntze for 25 years. I shall dispense with reading the document,at least the bulk of the document, and recommend it to the judicial notice of the Tribunal. I do, however, wish to read one paragraph on page 55, page two of the document:
Expressly to the enlisted ranks, General of the Engineers Kuntze was the Faithful Ekkehard of justice. His simple objectiveness and his warmhearted understanding for the soul and the performance of the soldier - readily noticeable again and again at each inspection etc.