Q. What is your profession?
A. Lawyer.
Q. How many years did you practice law?
A. I practiced law at Los Angeles, California, for eighteen years prior to the time that I entered on active duty with the United States Army Air Corps.
Q. What is your present position?
A. I am that of the Senior Legal Officer, Senior Military Government Corps Judge at Frankfurt, Germany.
Q. When did you go into the army, Mr. Bernstein?
A. I went on active duty on June 4, 1942.
Q. What was your last rank in the United States Army?
A. Lieutenant-Colonel, United States Army Air Corps.
Q. Would you state very briefly the duties you had in the United States Army prior to April 1945?
A. Prior to that time when I reported for active duty I was the Assistant Post Judge Advocate of Lowery Field; Base Judge Advocate of Buckley Field at Denver, Colorado....
Q. Mr. Bernstein, please watch the lights and talk a little more slowly.
A. Very well. I performed the usual and customary duties of a Judge Advocate while in the Air Corps, including TJA before the Special and General Military Courts; defense counsel in the same courts; Post Judge Advocate; Base Judge Advocate; legal assistance officer; even Squadron Commander.
Q.- Did you at any time -- were you at any time connected with Military Government in the United States Army?
A.- Yes, Sir. Yes, Sir. In 1943 I entered the School of Military Government at Charlottesville, Virginia. I went through that course and from then on became a Civil Affairs Officer in liberated countries and a Military Government Officer in Germany.
Q.- Do you recall where you were during the month of April, 1945?
A.- Yes, Sir. In April, 1945 -- especially April 16, 1945, I was a Military Government Officer commanding the Military Government Detachment at Mansfeld Gebirgskreis.
Q.- Are you familiar with the town or village named Gorensen?
A.- Yes, Sir. I know that that is one of the towns of approximately seventy-five within that Land-Kreis.
Q.- Now, Will you tell what you did when you first entered the town of Mansfeld, Germany in April, 1945?
A.- I entered that town with my team, comprised of altogether five officers and ten enlisted men. It was known as an H team in Military Government. I came in at approximately 1630 hours on April, 16, 1945. We ordered the posting of proclamations immediately in that particular town; and then came the usual duties of posting proclamations in the various other towns through my officers, and doing the necessary work of appointing burgermasters in the various town, Gemeindes and Stadts; also the appointment of the landrats, police officials, and attending to -- I will say, literally hundreds upon hundreds of problems in Military Government in the early phases of occupation.
Q.- How long were you in the town of Mansfeld?
A.- I was there from April 16, 1945, until June 9, 1945, when my team was relieved by another Military Government team.
Q.- Do you recall what kinds of proclamations you put up in the town of Mansfeld and in the surrounding towns?
A.- Those were mainly the basic proclamations. For instance, the proclamations creating curfew; the restriction of circulation; the notice to parents or guardians; the turning in of weapons to the burgermaster; those were principally the basic proclamations that were issued. In addition, of course, we have proclamation I, which is the one concerning laws and crimes and punishment; Ordinance I, Law 161, which is the border crossing, and those under which prosecutions could be had if circulation was beyond the number of kilometers usually established in the early phases. For instance, it was six kilometers outside of the town areas in the early phases, and later on by Corps and Army regulations it would be extended to twenty-five kilometers, that is, without passes. I mention this because the question of controlling circulation in the towns needed a Military Government pass and authorization, which my Public Safety Officer would handle at that particular time and place.
Q.- Who on your staff, Mr. Bernstein, was charged with the task of putting up posters or placards?
A.- The Public Safety Officer was Lieutenant Love, one of my officers of the detachment.
Q.- Do you recall whether any posters were placed in any town within the Mansfeld district which threatened the taking of human life in case there were attacks upon American Troops?
A.- No, sir, there were no such posters posted in Lands -- in the Mansfeld Gebirgskreis to that effect. I will state, if I may, that there was a proclamation that was posted, and that was the one which stated that in the event there was any sniping on American troops from certain houses, the tanks would be ordered to demolish that house; or in case there was any organized uprising by a town or a Stadt or a Gemeinde, the tanks would be also directed towards that town and raze it, if necessary.
Q.- During the time that you were in the Mansfeld district, did you ever have occasion to order a house or a village burned down in accordance with the proclamation you just spoke about?
A.- No, sir, none was done at all.
Q.- Did you instruct your Public Safety Officer, Lieutenant Love, at any time to put up posters in the town of Gorensen?
A.- Yes, sir. I did.
Q.- And which posters did you tell him to put upon that town?
A.- The Necessary basic proclamations of Military Government, which we had in our possession at that time. I will state that we did not have at all times complete sets; the basic sets, however, were with us at all times.
Q.- Did you ever instruct Lieutenant Love to put up a poster threatening the taking of human life in the event there was sniping on American troops in the town of Gorensen?
A.- No, sir. No, Sir.
Q.- Do you know of your own knowledge whether any such posters were put up in the town of Gorensen by Lieutenant Love?
A.- I do know of my own knowledge that no such poster has ever been posted.
Q.- Now, you are familiar, are you not, Mr. Bernstein, with the various proclamations issued by Military Government to the various Military Government teams?
A.- Yes, sir.
Q.- Was there any poster or placard threatening the taking of human life in the event that American troops were sniped at?
A.- None that I know of, sir, and, in fact, various detachments within a Regierungsbezirk - angle of approximately twenty to thirty teams would occasionally get together to discuss our common problems. I have never heard mention of such a proclamation.
Q.- The only proclamation you are familiar with along the reprisal line, Mr. Bernstein, is the one you mentioned earlier, namely; that in the event American troops were sniped at, or there was sabotage of any kind against American Occupation Forces, a house or a village might be be burned down?
A.- Yes, Sir.
Q.- You never heard of a proclamation threatening the shooting of 200 Germans in the event that one American soldier was killed?
A.- No, Sir. I never heard of that.
Q.- Could any such posters have been put up in the town of Gorensen in the Mansfeld District of which you were in charge, without your knowledge?
A.- No, Sir. It would not have been possible.
Q.- Your witness, Dr. Sauter.
DR. SAUTER: No questions.
JUDGE CARTER: Any cross examination? The witness may be excused. Just a moment -
DR. LATERNSER: Witness -
MR. FENSTERMACHER: Are you asking questions of the witness?
DR. LATERNSER: Yes.
MR. FENSTERMACHER: If Your Honor please, I don't see what right Dr. Laternser has to ask questions of this witness. His testimony is in rebuttal of a witness who testified in person, a witness on behalf of Dr. Sauter for the defendant Geitner, and it is also in rebuttal of an affidavit which was put in by Dr. Sauter on behalf of Defendant Geitner.
JUDGE CARTER: I think that Dr. Laternser, as representing an over-all position in regard to these defendants, has a right to cross-examine.
CROSS EXAMINATION BY DR. LATERNSER:Q.- I should like to put only one question.
Witness, I should be interested in knowing the following. What possibilities for the combatting of insurrections were available to you? I should like to give the follow ing example.
American troops had been shot at frequently in the towns. What possibility of reprisal measures were available to you, in the light of your regulations, in order to quell these insurrections?
MR. FENSTERMACHER: I object to that question. It is not covered by the direct examination, which related entirely to whether there were posters put up in the district of Mansfeld or in the town of Gorensen. Dr. Laternser is attempting to make the witness out to be a military expert on how to combat security problems.
JUDGE CARTER: The witness may answer if he knows.
A.- If I understand the question. The question is what would I do in the event an American or a few Americans were shot at by German civilians? Is that correct, counsel?
Q.- Yes.
A.- My orders and instructions in that event would be to report that to the tactical unit or organization in my capital city or town at Mansfeld. That usually would be a tank destroyer outfit, an ack-ack battalion, or another infantry regiment. Report that incident, and they in turn would follow whatever measures would be given them, or instructions given them by their commanding officer.
Q.- Thank you, I have no further questions.
JUDGE CARTER: Any further cross-examination? Any indirect? Questions by the Tribunal? The witness will be excused. (Witness excused.)
MR. FENSTERMACHER: If your Honor please, can the Marshal summon the witness, Will Finger?
PRESIDING JUDGE CARTER: The Marshal will call the witness.
WILLY FINGER, a witness, took the stand and testified as follows:
PRESIDING JUDGE CARTER: The witness will raise his right hand and be sworn: "I swear by God, the Almighty and Omniscient, that I will speak the pure truth and will withhold and add nothing."
(The witness repeated the oath.)
PRESIDING JUDGE CARTER: You may be seated. Mr. Fenstermacher, will you advise the Tribunal if this is cross-examination or a rebuttal witness?
MR. FENSTERMACHER: This is a rebuttal witness, against the defendant Felmy, Your Honor.
PRESIDING JUDGE CARTER: Very well.
DR. LATERNSER: Only against the defendant General Felmy?
MR. FENSTERMACHER: Well, that is a little difficult to answer, Dr. Laternser. Insofar as General Felmy was subordinate to Army Group F, and the defendant Foertsch was also ....was chief of staff of Army Group F during the time these events transpired, this witness is also against the defendant Foertsch.
DIRECT EXAMINATION BY MR. FENSTERMACHER:Q.- Will you state your name, please?
A.- My name is Willy Finger.
Q.- When and where were you born?
A.- I was born on the 28th of June, 1912, in Hanover.
Q.- Where do you live now?
A.- I am now resident in Hanover.
Q.- How much schooling have you had, Mr. Finger?
A.- In the beginning I attended the elementary school in Hanover, later high school, and subsequently, a technical college in Freiburg/Breisgau.
Q.- When did you leave school?
A.- I left school in 1933.
Q.- For what reason?
A.- In 1933 I was expelled from the technical college because Hitler's advent to power, I was considered to be politically unreliable.
Q.- To what political party did you belong at that time?
A.- At that time I belonged to the Social Students' League, which was a student organization of the Social Democrat Party of Germany.
Q.- What did you do after you left school?
A.- Upon leaving school I associated with acquaintances who shared my political views, in order to use my knowledge, and also by virtue of the education I had received from my parents, to take up the struggle against the dictatorship -- against the Third Reich. Thus, I remained in Germany, living illegally, working together with a resistance group until my arrest.
Q.- When were you arrested?
A.- I was arrested in the year 1935, in Hanover.
Q.- Who arrested you?
A.- I was arrested by the Secret State Police (the Gestapo), in Hanover.
Q.- Were you interrogated by the Gestapo?
A.- Yes, I was interrogated by the Gestapo. I was in their hands for about four weeks.
Q.- And then what happened to you?
A.- After my interrogation by the Gestapo I was transferred to the Examining Magistrate in Hanover and remanded to the Court Jail. As a result of uncertain conditions, the procedure was delayed and deferred, so that I remained in custody for 10 months, without trial. After this term of custody I was remanded to the Oberlandesgericht in Hamm/Westphalia, before the Second Penal Chamber, and sentenced to a jail term of 3 years.
The reason for the sentence was given as preparation of high treason.
Q.- When were you released from jail?
A.- I was released from the jail in 1938.
Q.- What did you do then?
A.- In 1938, upon leaving the jail, I tried to get a job as a technician. My endeavors along this line were in vain. Neither the Labor Exchange nor any firm wanted to take me as I was a former political prisoner. I made attempts to find a job myself but was unable to do that because of my previous conviction. As I was married and had two children I was forced to work as a digger.
Q.- Did you at any time work in a dynamite factory?
A.- Yes, I did. Towards the end of 1939, I was requested by the Labor Office in Hanover to report immediately to Christianstadt in Oberlausitz. Upon my arrival there I found that it was a dynamite factory, having the name of Dynamite A.G. (Dynamite, Inc.) Oberlausitz. I had to work there in the subterranean plant, and because of the conditions prevailing there it was really equivalent to custody, because we were in a camp, and a large number of the people working there had been transferred there under the same conditions as myself.
Q.- How long did you stay there?
A.- I remained there until 1941, April or May. In the camp arrests were effected and the arrestees were transferred to the Buchenwald Concentration camp. That was in May or June or July. I myself was among the persons arrested and was transferred to Buchenwald Concentration camp.
Q.- How long were you in Buchenwald?
A.- I was in Buchenwald for a year and a half, until the end of 1942.
Q.- Then what happened to you?
A.- At the end of 1942 I was discharged from the concentration camp and went home; but I was not able to enjoy my liberty for any length of time because upon my discharge I had also been given the blue dismissal form, which meant it was the so-called W.U. certificate, which meant that I was unworthy of doing military duty.
In February 1943 I received instructions to report immediately and to be prepared to go by train to training camp.
Q.- Did you go to the camp?
A.- Yes, I did. I had to be at the station at night, at Hanover, and there a large transport of fellow-sufferers who had been requested to report under the same conditions as myself, were there. The shipment went to Hemberg in Southern Germany in Baden. It was a former concentration camp which had then been transformed to a large troop training center.
Q.- What kind of a unit did you join there?
A.- We were transferred there and there were certain recruitment staffs there which were called african rifle Division 962. At the time I was there were about 12,000 of such enlisted men who, in part had previous convictions as political offenders, and had come directly from concentration camps and had been transferred directly to that troop training center. Another part consisted of criminal elements. There also the rule prevailed -- divide et impera -- as was customary in the concentration camps.
DR. RAUSCHENBACH (Counsel for defendant Foertsch): I object to further interrogation of the witness along this line. I have already listened with some patience to the long and unfortunate story of the witness, but I do not see where it all leads to. He is a rebuttal witness and the prosecution ought to state what documents submitted by me, on behalf of General Foertsch, or what statements made by General Foertsch in the witness stand, are to be refuted by this witness. I see no connection and also as a basis and preparation for further questions this seems to me very extensive. 9380
MR. FENSTERMACHER: I am very grateful for, Dr. Rauschenbach's patience, it will not be taxed any further. The reason for going into the background, of course, is for the Tribunal to understand precisely the composition of the unit to which the witness was regimented. One of the units which was subordinate to General Felmy on the Peloponnes, was the 999th Infantry Division, which was composed of criminal elements and political prisoners. It was important to have the witness give the background.
PRESIDING JUDGE CARTER: Objection will be overruled. The Tribunal will take its recess until 9:30 tomorrow morning.
(The Tribunal adjourned until 21 January 1948 at 0930 hours.)
Court No. V, Case No. VII.
Official Transcript of the American Military Tribunal V in the matter of the United States against Wilhelm List, et al, defendants, sitting at Nurnberg, Germany, on 21 January 1948, 0930, the Honorable Judge Presiding.
THE MARSHAL: The Honorable, the Judges of Military Tribunal V. Military Tribunal V is now in session. God save the United States of America and this Honorable Tribunal.
There will be order in the Court.
THE PRESIDENT: Mr. Marshal, you will ascertain if all the defendants are present in the courtroom.
THE MARSHAL: May it please your Honors, all the defendants are present in the courtroom.
THE PRESIDENT: You may proceed with the examination, Mr. Fenstermacher.
MR. FENSTERMACHER: Thank you, your Honor.
WILLY FINGER, Witness, DIRECT EXAMINATION - Continued BY MR. FENSTERMACHER:
Q Mr. Finger, yesterday just before the Court adjourned, we had come to the point I believe where you had been conscripted for a special military unit and I believe the date was sometime in January, 1943; will you tell us again what the composition of that military unit was?
A Certainly, it was probably the most peculiar divisions which was ever assigned in the 2nd World War. Since 1933, hundreds of thousands of German men had gone through German jails and concentration camps. These people.......
DR. MUELLER TORGOW: I object. I request that the witness be asked to answer the question. He was not asked that.
MR. FENSTERMACHER: Would you come to the answer, Mr. Finger, without giving unnecessary background material, just give the composition of the military unit to which you were assigned in January, 1943?
THE WITNESS: This unit was approximately 50% composed of former Court No. V, Case No. VII.
political prisoners of the Third Reich and the other part, approximately 50%, were criminal elements, with a very bad criminal record. The purpose was, as we understood it, to avoid to have a unit of antifascist character.
DR. MUELLER TORGOW: I object again, if it please the Tribunal. The witness is not entitled to give a judgment.
MR. FENSTERMACHER: If your Honor please, the witness knows what the composition of the military unit to which he was assigned was.
THE PRESIDENT: The objection will be over-ruled.
BY MR. FENSTERMACHER:
Q Will you continue, Mr. Finger?
A Certainly, the composition or rather the events of the troop training center Heuberg made it quite clear that it was intended to commit these units for a certain purpose. The measures that were taken there were not such measures as were generally taken and to which an ordinary unit of the regular army was subjected. They were very stringent penalty measures. For the slightest political utterances, executions and such measures were carried out. I, myself, during my three months presence at the Heuberg witnessed and had to witness how at least 20 to 30 of my comrades were court martialed and shot because of such utterances.
DR. MUELLER TORGOW: I object again. The witness has not been asked to give such an account of the events on the Heuberg, but rather as to his assignment on the Peleponnes.
MR. FENSTERMACHER: I will continue with another question, if your Honor please.
THE PRESIDENT: May I suggest that we endeavor to get it down to some definite details as it pertains to some matters which have heretofore been at issue and as it may pertain to some of the defendants. I don't want to limit you, but I think we should necessarily restrict it to such matters which are in rebuttal.
Court No. V, Case No. VII.
BY MR. FENSTERMACHER:
Q Yes, your Honor. Mr. Finger, how long were you in training in Germany with this military unit before you were sent outside of Germany?
A From the beginning of 1943, that is from January until March/April of 1943.
Q Then you left Germany?
A Yes, I did. These units were transferred by train, allegedly to Africa, that is battalion by battalion. For this purpose, we had received tropic uniforms and complete equipment.
Q When did you finally arrive in the Balkans?
A We did not go to Africa, but to the Balkans, because in Africa the retreat had come to an end. We arrived in the Balkans, or rather went directly to Athens. That was at the beginning of June, I cannot state the exact week.
Q Where did you go from Athens?
A In Athens we were gathered together and I myself was sent to the Peloponnes, to the southwestern part of the Peloponnes, first to the locality of Ano Manolas.
Q Was that near Patras?
A Yes, it is situated about 40 kilometers south of Patras.
Q How long did you stay on the Peloponnes with this military unit?
A I remained on the Peloponnes until 1944, until August.
Q What was the number of this military unit, Mr. Finger?
A The military unit was called at last on the Peloponnes Fortress Battalion 999.
Q While you were on the Peloponnes from about July, 1943 until August, 1944, did you see any orders or placards with respect to reprisal measures?
A Yes, I did. I recall having seen such posters.
Q How many different posters with respect to reprisal measures Court No. V, Case No. VII.
can you remember having seen?
A I believe there were about four posters, which I did see and the contents of which I could reproduce with certainty.
Q Now will you tell us with respect to these posters at what time and the place you saw them, the date approximately on which you saw them, their contents and who signed them. Take the first one.
A Yes, at the beginning of January, 1944 I saw the first poster having the following contents, this poster bore the head-line: "Notice to the Greek Civilian Population: A few days ago... " I should like to preface my remarks by saying, I can only reproduce the contents as to their meaning, but the exact wording of the contents I do not recall. "Some days ago during an inspection trip on the Peloponnes, a high German officer was assassinated."
Q Let me interrupt you just a moment, Mr. Finger. Will you give the approximate date again when you saw that particular poster?
A It was at the beginning of January, 1944.
Q Please continue.
Court No. V, Case No. VII
A It went on to say that the perpetrator or the perpetrators would have to report within a time limit of 24 hours to a military German agency or at the local H.Q., else the most stringent reprisal measures would be taken against the civilian population.
Q How was the poster signed?
AAs far as I know, and I don't think I am mistaken, this poster was signed "Commander in chief, General of the Air Force Felmy."
Q Where were these posters when you saw them?
A These posters I saw once in Ano-Manolas and then again in Kato-Achaia and once again in Latta.
Q Now will you take the next poster that you saw and describe the same matters?
AAnother poster I saw shortly thereafter. It must have been eight days at the most afterwards. The poster bore the same heading: "Notice" and its contents were to the effect that as the perpetrators had not reported, a reprisal measure had been carried out. In Patras, 100 Greek hostages were hanged.
Q Who signed that poster?
A This poster also bore the same signature, Commander in Chief, General of the Air Force Felmy.
Q Where did you see those posters?
A I have seen this poster in Ano-Manolas, and also in KatoAchaia. I can't recall having seen it in Latta as I didn't get to that place at that time.
Q Now will you take the next poster that you saw?
A Certainly. It must have been a few weeks later when I saw another poster which was also captioned "Notice to the Greek Civilian Population." It said that in future for every German soldier killed, 100 hostages would be shot. For every wounded soldier, 50. That, in addition to that, if any sabotage acts occurred or any raids upon important military objectives, the most stringent reprisals would be carried out. Here, in this case also, the poster bore the signature Court No. V, Case No. VII.
of General Felmy.
Q What language were these three posters printed in, that you mentioned?
A These posters were in German and in the Greek language.
Q This last poster you mention which talked about a ratio of 100 to one and 50 to one--where did you see that poster?
A I saw this poster as at that time I had been assigned to Patras, I saw it in Patras as well as in Kato-Achaia.
Q What was the date when you saw the poster, if you remember?
A That may have been about the end of January or at the beginning of February.
Q Well, with respect to these hostages, these 100 hostages that you mentioned having seen on a poster to have been shot in reprisal for the German general, did you yourself have anything to do with the rounding up of those hostages?
A Yes, I did. That is not that I had been called upon to do that but rather I had the possibility to witness those arrests of hostages which were carried out in Achaia to see it for myself.
Q How were the arrests carried out?
AAt that time in the battalion, the company leaders were ordered to make arrests within their command and arrests of citizens who enjoyed respect and esteem such as merchants, clergymen, mayors and the like. I myself was present when some of these arrests were carried out. NCO's--we called them our Stammannschaften--were ordered to arrest this or that person from his house and to deliver him to the HQ. Later, these people were loaded onto a truck and as at that time in my battalion there was a lack of trucks,--I had also been trained as a driver and had, myself, to drive such a truck,--the hostages were transferred to Patras. In Patras there was, as was generally known, a very large collecting camp for hostages. They were sent there and delivered there with, the accompanying officer saw to it that everything was done. We then returned of course without the hostages.
Court No. V, Case No. VII.
Q How many hostages were in the truck that you drove, Mr. Finger?
A There were approximately 40 hostages.
Q Were there other trucks that accompanied your truck to Patras with hostages?
A Yes, apparently there had been some agreement among the battalions that these shipments were to be carried out at the same time, because on the road to Patras, these trucks met--there were four of them--and every truck carried perhaps the same number of hostages. I am not quite sure of that but I think it is approximately correct.
Q Were the hostages arrested by German soldiers?
A Yes, they were. As I have already emphasized, an NCO, together with two or three enlisted men, had to carry out these arrests and perhaps every NCO had the order to arrest one, two or three persons. I am not quite sure of that.
Q And were there only German soldiers in the trucks that took the hostages to Patras?
AAs guards, if I understand you rightly?
Q Yes.
A Yes. Just a minute, I beg your pardon. There were also a few Greeks among them, Greeks who were working with the German Armed Forces as interpreters or as collaborators with the German Secret State Police, the Gestapo.
DR. MUELLER-TORGOW: If it please the Tribunal, I object to this examination as a matter of principle. We are now at the rebuttal stage. The questions put to the witness have nothing to do with rebuttal, that with the rebuttal of evidence submitted on behalf of General Felmy. During the defense's case-in-chief for General Felmy, these matters were not mentioned. I don't know what Mr. Fenstermacher is refuting. It is a pure attack which he might have submitted when presenting the Prosecution's case-in-chief but not at this Court No. V, Case No. VII.
stage.
MR. FENSTERMACHER: You Honors will recall that during the direct and cross-examination of General Felmy--I have the exact transcript pages, if your Honors require them--General Felmy testified that he gave no orders for the execution of hostages at particular ratios. He also testified that the execution of hostages in reprisal for the death of the German General on the Peloponnes had been rounded up and shot by a Colonel Papadongonas, a Greek Colonel. The testimony of this witness rebuts both phases of that testimony.
DR. MUELLER-TORGOW: If it please the Tribunal, first I should like to ask Mr. Fenstermacher to show me the record. In the second place, Mr. Fenstermacher refers to a German General, the witness only referred to a high-ranking officer but not to a general. I don't know whether Mr. Fenstermacher is alluding to the case of Krech but I don't know, but that case Krech occurred much later.
MR. FENSTERMACHER: I understood the witness to say a German General, but I can certainly put the question again if I misunderstood him.
THE PRESIDENT: The objection will be overruled.
BY MR. FENSTERMACHER:
Q Were there German officers on the trucks that took the hostages to Patras, Mr. Finger?
A Yes, as far as I know, a lieutenant. At any rate, there were some, perhaps one on every truck.
Q What was your rank in the 999th Division?
A There were no ranks or promotions for us. We were merely given a training as Military--that is soldiers and training as telegraphists, radio operators, etc. I myself was trained as a telegraphist.
MR. FENSTERMACHER: No further questions, your Honor.
Court No V, Case No. VII.
DR. RAUSCHENBACH: Rauschenbach, Counsel for the defendant General Foertsch. If it please the Tribunal, I move that the whole examination of this witness be stricken off the record. The Prosecutor yesterday, upon presenting the witness, said that he was to be used as a rebuttal witness against the defense advanced by General Foertsch or rather his testimony. I had already objected to it in the beginning. I then waited to hear the end of the examination and have not been able to gather anything from the examination which could possibly refute any special contention by General Foertsch. The examination therefore, is immaterial and does not belong into the record.
MR. FENSTERMACHER: I think Mr. Rauschenbach is probably referring to my reply to Dr. Laternser's inquiry yesterday as to whom this witness was to be heard in rebuttal against. The witness is to rebut the testimony of General Felmy both on direct and on crossexamination. He is not to rebut any testimony of General Foertsch. But I understood Dr. Laternser's inquiry to mean that any of the material testified to by the witness would be held against any of the other defendants. To that extent, I replied--and I maintain still-that the events which the witness has testified to are also the responsibility of the defendant Foertsch.
THE PRESIDENT: The motion will be sustained as to the defendant Foertsch. No testimony of this character is admitted in rebuttal as to this defendant.
CROSS-EXAMINATION BY DR. MUELLER-TORGOW:
Q Witness, you are a resident of Hanover, is that correct?
A Yes.
Q What is your profession?
A I am working as a free-lance painter.
Q Painting? What are you painting?
A Water colors, oil paintings, etc.
Q Since when have you been again living at Hanover?