If the Tribunal please, at the time the total of these eight affidavits was split up in order to classify the statements of the affiant on the various problems on which he had to comment. From the large number of affidavits executed you can gather that the testimony of Dr. Rothfuchs is of great importance for the case of General Lanz. The situation is the following: These affidavits were at the time, many months ago, submitted also to the prosecution so that the prosecution has had knowledge of these affidavits for a number of months, they were offered to this Tribunal and accepted by this Tribunal. They were aware of it during those days when we presented evidence for the defendant Lanz. That was in the second half of the month of November 1947. At that time the prosecution had not shown by a single word that they wished to call the affiant Rothfuchs to the witness stand and they wanted to cross examine him. Only a short while ago, however, did the prosecution demand that the affiant Dr. Rothfuchs be called here for cross examination. Thereupon I immediately got in touch with the Defense Information Center and asked this office to call the affiant Rothfuchs here because I myself as defense counsel do not have the facilities to do that. However, I went one step further and on the same day when the affiant Rothfuchs was asked for, I believe on the 12th of January, I sent an express letter to Dr. Rothfuchs on the 14th of January. Dr. Rothfuchs wife informed me that her husband was still in internment camp in Darmstadt and on the 19th of January he would be called before a Spruchammer there, that is, a De-Nazification proceedings. It is now apparent why the affiant Rothfuchs was not in a position to appear here. Otherwise Rothfuchs would certainly have come.
PRESIDING JUDGE BURKE: Dr. Sauter, I will interrupt you. The Tribunal is of the opinion that the motion will be overruled and the statements not corroborated by other evidence will not be considered. This may be a bit technical but in the interest of justice we believe it is proper and right therefore the motion, with that limitation will be overruled.
DR. SAUTER: If it please the Tribunal at the moment I don't quite get your statement. Which part if I may ask is to be stricken?
PRESIDING JUDGE SAUTER: The only part to be stricken is that part not corroborated by other evidence.
DR. SAUTER: In that case I have to make no further statement. Thank you very much.
PRESIDING JUDGE BURKE. You may proceed.
MR. RAPP: Your Honor, the Prosecution is ready, as far as its rebuttal is concerned, subject to any questioning which may develop in connection with the examination of the Witness Felber which we are ready to produce any time the Court wishes.
PRESIDING JUDGE BURKE: Very well. The sur-rebuttal?
DR. LATERNSER (Counsel for defendant LIST): If it please the Tribunal, to give information to the Court, the time that I shall need, will be about 15 to 20 minutes.
First of all, I would like to inform the Tribunal that the statements of the French Commanders, the submission of which I reserved before resting the case of Field Marshal List, have not so far arrived.
With the permission of the Tribunal, I would like to call Field Marshal List to the stand for a few questions as sur-rebuttal for the fact that he was not active again after the 15th of October. The Prosecution, as the Court will recall, had submitted Exhibit 664 with the topic which allegedly arose from Exhibit 664; namely, that Field Marshal List was active in service after the 15th of October. With a few questions that I would like to ask of Field Marshal List, I think I would like to prove this was not the case but that the proclamation concerned is merely a kind of farewell message to Colonel Kuebler. Field Marshal List merely signed Exhibit 664.
MR. RAPP: Your Honors, we respectfully object to this kind of sur-rebuttal Defendant List was on the stand. He had an opportunity to state his case. Dr. Laternser has a document which we believe, speaks for itself and the Court will be in a position to decide. I don't think it will be necessary to put the defendant List on the stand at this time.
DR. LATERNSER: Concerning the facts, Field Marshal List has so far had no opportunity to comment on it because he could not expect that such a document with such a purpose would be submitted by the Prosecution.
PRESIDING JUDGE BURKE: Very well. With the limitation you have placed upon it.
Field Marshal List may take the stand.
DR. LATERNSER: I shall be very brief, your Honor.
WILHEIMN LIST - Resumed REDIRECT EXAMINATION BY DR. LATERNSER:
Q Field Marshal, just a very few questions -- when did you fall sick?
A On the 15th of October 1941.
Q When were you operated on?
A On the 17th of October 1941.
Q Of what nature was your sickness?
A I had a septic appendicitis.
Q How long did you stay in the hospital?
A Until the 6th of December 1941.
Q How long did you have to stay in bed?
A Until about the end of November. For the first time I got up for half an hour and sat in a chair on the 8th of November 1941.
Q You know that the Prosecution has submitted Exhibit 664. What I wanted to ask you is: how did it come about that you signed this document?
A The document was submitted to me for signature by the adjutant of the High Command of the Army, Colonel Serini.
Q Why were you to sign this document?
A The document shows that Colonel Kuebler was transferred from the High Command of the Army. Colonel Kuebler was, from Fall 1939 until he left, the Ia, on the Staff of the High Command of the Army and he participated in preparing and waging the campaign against France and against Jugoslavia and Greece. The adjutant for this reason asked me to express my gratitude to Colonel Kuebler as his immediate collaborator of long standing and this gratitude -- that is, the gratitude of the Army -- was to be added in this document.
Q Did you choose that form of a staff order?
A No, I did not. Colonel Serini came to me with this communication. He visited me in the hospital. On that day I was still in bed.
Q What official activity did you carry out after your operation? By this I mean specifically in your capacity as armed forces commander Southeast and commander in chief of the 12th army.
A I did not carry out any activity whatsoever. This document, in my opinion, does not represent any official. It does not constitute any exercise of any authority asked in the commander. It is really nothing but a personal farewell message. It doesn't mean any more than an ornamental gesture.
DR. LATERNSER: I have no further questions.
PRESIDING JUDGE BURKE: Any questions on the part of the Prosecution?
MR. RAPP: Yes, your Honor, just a few. Who got this letter in question? Who has this document?
BY MR. RAPP:
Q Field Marshal, on the 15th of October you went to the hospital?
A I fell ill on the 15th; towards noon I had to go to bed; and on the 16th I came to the hospital.
Q And on the 17th you were operated on?
A Yes.
Q You can take off your car phones.
When did you know, General List, that you were no longer Commander in Chief of the 13th Army and Armed Forces commander Southeast. When were you informed of that fact?
A That I was no longer commander in chief of the 12th Army and Armed forces commander Southeast, that it was final, that I no longer held those positions, was known to me in the summer of 1942 when I was transferred to Army Group A.
I have to add, however, that from the 17th when my official deputy, General Kuntze, was appointed, by the OKW that from that day I had no longer any right to carry out any official functions. The date was the 17th of October; this, apart from the fact that from the 15th of October on I was physically unfit to carry out any official activity during the next few weeks.
I was, therefore, until Summer 1942, still commander in chief of the 12th army and armed forces commander Southeast on paper, that is. In actual fact, however, the acting commander in chief was General Kuntze. He was not what could be called a personal deputy such as a deputy prime minister. He was the man who held the position in actual fact.
I have testified during my first examination that Hitler quite frequently handled things in the way of leaving those matters pending and not making any decisions which reference to further assignment or any statements as to the facts. The fact as such, however, is undoubtedly very clear.
Q Field Marshal, if I understood you correctly, you were completely authorized on a piece of paper as the armed forces commander in the Southeast and commander in chief of the 12th army to sign "List, General Field Marshal, 30 October," in this way because, seen from the legal point of view, you were still the commander in chief.
A Mr. Rapp, you wanted to do everything you could to commit me to this fact during my first examination on the 14th of January of last year. I didn't know why at that time. Today I know why. At that time for general reasons I refuted that fact and today I have to do that to do that very emphatically. I don't know what you mean with the term "De Jure" from the legal point of view. All I can say is that I did not carry out any official duties whatsoever.
Furthermore, if you want to call this an order -- it is called staff order -- I was as a matter of fact not entitled to issue an order in that form. I could only do that with the consent and agreement of my deputy and that the approval existed is evidenced by the fact that Colonel Serini came to me with the finished product and informed me at the same time that Colonel Suebler was transferred. I believe it is purely a gesture of courtesy; General Kuntze was probably quite grateful that I unburdened him of the task of this farewell message because he didn't know Colonel Kuebler and felt when he left he would have to express a few words to him.
Q Field Marshal, you know quite well that the question is not whether this is a gesture or not. That is a question which we don't want to discuss here. The focal point is whether on the 30th of October 1941 you still held the command over the 12th army and whether you were still the armed forces commander of the Southeast on that date. You understand what I mean, don't you?
A I believe I already testified to that but I did not hold those offices. I was not the acting commander in chief.
Q I see.
AAnd in all communications which I wrote, with the exception of that one, I have never used a letter with an official heading. I have signed: "List, General Field Marshal."
Q In this particular case, Field Marshal you have a communication where you did use that letter heading.
A I just said that.
Q Well, it is a strange situation, isn't it, in which a position is held by a commander in chief who was hospitalized and who was told us that his deputy was completely authorized to act. You yourself have used the word "De Facto" for the first time in this courtroom.
A If I may interrupt, Mr. Rapp, this expression "De Facto" is contained in the record of the 14th of January 1948.
Q I am talking of today, Field Marshal. I am not talking of the 14th of January, we that there was in actual fact a commander in chief who "de Facto" did not hold any command over the army, who only learned in June 1943 or even later that he was no longer charged 100% with the supreme command of the army; his deputy then held more power than the actual commander in chief.
Let us even assume that all this does correspond with the facts. Why, then -- I don't know what the usages are in the German army -but why didn't you sign your letter, "The Former Commander in Chief," or "Your Leave-taking" or "Retired" or anything to the effect that in actual fact you were no longer the commander in chief?
I have to assume that at that time at least you thought that you were the commander in chief. Is that correct, Field Marshal?
A It is not correct. I have many times made numerous statements during my preliminary examinations and here in this court room on paper I still was the commander in chief, but I had nothing whatsoever to do with the actual command of the army.
Mr. Rapp, in military life the situation is the following: if I had been transferred to another army and Colonel Kuebler had been two weeks later, if I had been well -- Colonel Kuebler was also transferred two weeks later -- and I were somewhere, I am quite sure General Kuntze would have invited me for a farewell party and he would have asked me to make the farewell speech for Colonel Kuebler and I would have expressed my gratitude to him, the same as I did on paper in this particular instance.
To construe from this fact that I was commander in chief and acting commander in chief does not hit the true facts at all.
Q It was just on paper; that is what you mean?
A Of course it was.
Q From what date on, Field Marshal, according to your statements, was General Kuntze to be held responsible for the 12th Army and for the office of the armed forces commander Southeast? What is the date from which you no longer carried any responsibility for that unit?
A I no longer carried responsibility since noon of the 15th of October because from that time on I was physically not in a position to do anything whatsoever. General Kuntze could only take over the responsibility after he had arrived physically in Athens and that was only after the 27th of October.
After all, if he rides a train and is en route to Athens he can't be held responsible for anything.
Q I thought that was to be my last question but since you have made the statement you did I have to ask you another one or two questions.
Are you trying to say, then, Field Marshal List, that between the 15th of October 1941 and the 27th of October 1941, which later is the date when General Kuntze arrive in Athens, the 12th Army and the office of the armed forces commander Southeast was an anarchy?
A Not an anarchy.
Q Well, who was responsible?
A The commanders were directly responsible. At that time they were directly subordinated to the OKW Mr. Rapp, may I give an explanation? In 1941, as commander in chief of Army Group A. I was sent home by Hitler. This Army Group A, from the 10th of September 1942 until Christmas -- roughly, about Christmas -- had no leader, not even a deputy because Hitler just left matters pending and from his headquarters he directly issued orders to the armies via Army Group A which in this particular instance was just a letter box for many orders; that is a parallel to my case and in even more conspicuous instance, than my case.
Q Field Marshal, during the last days of this trial we will have to be as brief as possible and only discuss those matters which are to the point.
A Yes.
Q General Foertsch was down there as chief of staff. That is correct, isn't it?
A Yes.
Q There was also a ranking corps commander or at least a ranking officer below him at that time. Who was that?
A Well, that exists always, of course. Who it was I cannot tell you with certainty. I can't tell you who was the senior officer. I should imagine it was General Boehme.
Q Isn't it customar, and wasn't it repeatedly stated during this trial, that during the absence, which is the same thing as when a person is in the hospital, during the absence of the commander, the senior ranking troop commander takes over the command authority, only if just one or two days are involved under special circumstances, with which we do not want to deal now, the chief of staff could take over the leadership?
A In current matters.
Q. Well, yes, in current matters. Why didn't you at that time, on the 14th of 15th or as soon as possible, when you again found yourself able to think clearly -- after all, you signed the letter?
A I signed that on the 30th. At that time General Kuntz had been down there already for three days.
Q How come -- how did it happen that you did not appoint a deputy?
A I have already stated that from the 15th onward I was physically not in a position to do that. It was a very severe appendicitis and a very serious operation and for quite some time I was between life and death and in such a position I cannot appoint a deputy for my own person. That is a matter of course.
Q Field Marshal, you have been a soldier for about forty years, haven't you?
A Forty-five years.
Q Forty-five years? I see, and that was war time. Is it something unusual then to order the chief of staff or the adjutant or the ADC and tell them: "If anything happens to me "such and such a person' will hold power of authority"?
A That is never done in the German army, never. Those are situations taken from civilian life, not from military life.
Q You just mean the German army now, don't you?
A Yes, of course, the German army; I can't talk about any other army.
Q When you talk about military life you talk about military life of the German army.
A Well, yes.
Q You said it was taken from the civilian sector and not from the military life.
A That expression was perhaps not quite correct.
Q Well, wasn't General Felmy the ranking office down there?
A I have already said that I believed -- but I cannot state with certainty -- that it was General Boehme.
Q So that, Field Marshal List, as to my question as to whether there was a state of anarchy in the 12th Army there between the 15th and the 27th of October, you answer this question to the effect that there was no supreme leader and everybody commanded for themselves.
A You can't say "everybody." The military commanders were independent during that period of time and General Foertsch, I believe, has testified to that effect -- namely, that in answer to an inquiry to the OKW he was given that information. The OKW said for that short period of time they didn't want to appoint an official deputy. The military commanders in their areas were independent. That is no state of anarchy. It is a very clear channel of command. All that happens is that the large area is subdivided into four areas which are now dependent on the OKW directly instead of just the one unit.
Q Would you call that a very customary routine, occurrence, which is nothing new to you after 45 years of military experience or would you say that it was something unusual, Field Marshal?
A I isn't an usual occurrence, and I gave you a similar case, namely, the one of Army Group A, which is even more unusual in this particular instance.
Q And it is even more unusual there because of the war with Russia at that time?
A The war in Russia -
Q I am talking about October 1941.
AAnd I was talking about 1942 when I was Commander-in-Chief of Army A. That is the parallel example that I gave you.
Q I am always discussing our case, the Southeast Case, and I say it is unusual because it was during wartime and it was at a time when the Russian campaign was already taking place, so that the OKW, under certain circumstances, in case of a danger, would have had to make certain preparations, or with the OKW, were the people in the OKW so sure of victory?
A Well, at any time a teletype would regulate matters, or, if the necessity occurred, if there was an emergency or dangers, then I would imagine that General Boehme would have taken that place.
Q What did General Foertsch do during that time? He must have been pleased. Did he have a lot to do? What happened?
A I don't know whether he was pleased. His activity, his official duties, just went on.
Q Who gave orders to him?
A Well, that was a regular official routine and the orders which he received, he received from the OKW, and concerning decisions which the Commander-in-Chief would have had to sign, he would have just put back -- deferred.
Q So that -
A Well, I don't know. I can tell what I did.
Q But you said that he probably received his order from the OKW?
A Yes, of course.
Q During that time, he was not subordinate to you or the General Kuntze but directly to the OKW, is that correct?
A Yes, the Staff of the 12th Army and the Staff of the Armed Forces Commander Southeast was directly subordinated to the OKW.
Q The Commander-in-Chief?
A The whole of the Staff, of course.
Q But only via the Commander-in Chief?
A Yes.
Q The former Colonel Serini, who is today General Serini, is still alive, isn't he?
A Yes, he is.
Q He is a British prisoner of war, isn't he?
A Yes.
MR. RAPP: I have no further questions, your Honor.
DR. LATERNSER: If your Honors please, I will be finished almost immediately. I have only got two or three questions.
EXAMINATION BY DR. LATERNSER:
Q Field Marshall, would you have been entitled to appoint your own deputy for the leadership of the 12th Army?
A No.
Q Who could do that?
A Only Hitler.
Q And one last question. Were you, after General Kuntze had been commissioned as deputy and as the leader of the 12th Army, were you his superior?
A No.
DR. LATERNSER: I have no further question.
PRESIDING JUDGE BURKE: You may proceed.
DR. LATERNSER: If the Tribunal please, the last thing I would like to do during these proceedings is to read those parts of Exhibit 664 which the Prosecution has not read, and I quote from page 3. This is Document Exhibit 664.
It is a teletype which has the following text: "KR," followed by a few numbers, "19 October 1941, 1200 hours; to: Chief, General Staff Army. Same text to: Chief Commander -- Commander-in-Chief of the Armed Forces. Health of General List still satisfactory."
MR. RAPP: If your Honor please, we do not have more than this one photostatic copy. Merely on the basis of that, I presume -- I suggest that Dr. Laternser mark off the passages he would like to have read and give it to the Court Interpreter. Otherwise, I would have to stand up here and read down his neck and read it together with him, which I wouldn't like to do."
DR. LATERNSER: I agree to both these suggestions.
PRESIDING JUDGE BURKE: Very well. "To err is human; to forgive, divine."
DR. LATERNSER: I beg your pardon, your Honor, I had to mark the passages so that we can start now.
"Headquarters, the 18th of October 1941 --"
INTERPRETER: I beg your pardon. I am going to start with the same document that Dr. Laternser started with.
"NOKW-2870, Exh. 664.
Page 3: Teletype. Date 19 Oct. 1941.
Text: "Kr -- Same text to Chief, OKW State of health Field Marshal List further satisfactory.
Expected to be unfit for service for two months, Chief (of Staff), Headquarters 12th Army."
DR. LATERNSER: I beg your pardon. I am just being told that the German text is not to be read.
Page 6: Daily Order Nr. 77 1. Deputy General of the Engineers Kuntze, Commanding General of the XXXXII.
Corps, appointed by the OKH as Acting Commander in Chief of the 12.
Army, is now being commissioned as deputy for Field Marshal List, who is sick, in the latter's capacity as Armed Forces Commander South East.
The Chief of the OKW.
************ Page 8: "Heading:
Armed Forces Commander South East (HZ 12. Army, Dept. Ia)" "Stamp:
Top Secret" Date:
"HZ, 31 Oct. 1941."
"Activity Report for the period from 1 Oct to 31 Oct. 1941."
Page 9----
18 Oct. The Armed Forces Commander South East intended to issue a decree which was to deal with the business channels in the area of jurisdiction of the Armed Forces Commander South East. The issuance has to be despensed with because of the sudden sickness of the Commander in Chief. The Chief of Staff of the Armed Forces Commander in Chief. The Chief of Staff of the Armed Forces Commander South East therefore informed the Chief of Staffs of the XVIII. Corps, of the Commander in Serbia, Saloniki-Aegean, Southern Greece, the LXV. Corps, the General of the Army in Bulgaria, the German General in Zagreb and the Admiral Aegean of the contents of the intended decree.
1. Cases are occurring increasingly, in which official channels are not adhered to. Reports, messages or requests are in many instances sent to the Armed Forces Commander South East under circumvention of the superior agency.
There are also frequent instances in which communications are being sent directly to the Supreme Command Agencies of branches of the Armed Forces under circumvention of the office of the Armed Forces Commander South East, concerning matters which are not of a general military nature.
2. In many cases reports are being sent simultaneously to two agencies which are in a relation of sub-ordination. In this manner, the superior agency is being deprived of the possibility of a comment.
3. Reports or message are being sent to superior agencies "for information" together with a direct communication to a co-ordinated agency. There are to be no communications "for information" to superior agencies, only messages, submissions and reports. For details of this official communications, see appendix 93.
****************** Page 10:
22. Oct: Conference of Chiefs (of Staffs). Subject of the conference: organization of the fortress division Crete and the relief of the 5th Mountain Division. Chief (of Staff) passes on information: General of the Engineer Kuntze was appointed deputy for Field Marshall List, who fell sick, in the latter's capacity as Armed Forces Commander South East and Commander in Chief of the 12th Army.
Page 11: 26 Oct.: Commanding General of the XXXXII. Corps, General of the Engineers, Kuntze, appointed deputy for Field Marshal List, who was taken ill, in the latter's capacity as Armed Forces Commander South East and Commander-in-Chief of the 12. Army, arrived on the air field Tatoi in the afternoon of 26 Oct.
********************** Page 12:
Heading: Armed Forces Commander South East HQ 12th Army, Dept. IIz) Date:
H.Q. 17 Jan. 1942.
Activity Report of Dept. IIa for the period from 1 July to 21 Dec. 1941.
********************* Page 13:
October 17 Oct.
General Field Marshal List taken ill (Sysmanoglion) 27 Oct.
General of the Engineers, Kuntze, Commanding General XXXXII. Corps taken over the affairs as deputy of the Commander-in-Chief.
************************* Page 15:
December.
6 Dec. General Field Marshal List discharged from the military hospital of Sysmanoglion."
If your Honors please, I apologize to the Tribunal that the course of events wasn't quite what I imagined it to be. I just now like to read those texts very quickly in the German language for the record, and that would bring me to the end of that particular subject. Otherwise, the German text would not appear in the German record.
PRESIDING JUDGE BURKE: Very well.
DR. LATERNSER: I further ask to have pages 17 and 18 of this order included in their record. That is all, if Your Honors please.
Date: "HZ, 18 Oct. 1941."
"To: The Chief of Staffs, etc. of the XVIII. Corps Commander in Serbia Commander Saloniki-Agean Commander Southern Greece
LXV. Corps General of the Army in Bulgaria Admiral Aegean.
The Armed Forces Commander South East, General Field Marshal List, intended to issue a decree which was to deal with the official business channels in the command area of the Armed Forces Commander South East. On account of sudden illness this decree could not be issued. I cite below the contents of the intended decree with the request that this be reported to the Commanding Generals, Commanders, etc.:
1. Cases are occurring increasingly, in which official channels are not adhered to. Reports, messages or requests are in many instances sent to the Armed Forces Commander South East under circumvention of the superior agency. There are also frequent instances in which communications are being sent directly to the Supreme Command Agencies of the branches of the Armed Forces under circumvention of the office of the Armed Forces Commander South East, concerning matters which are not of a general military nature. It is wrong, for instance, to request an allocation of gasoline and fuel directly from the Commander in Chief of the Air Corps.
".. In many cases reports are being sent simultaneously to two agencies which are in a relation of sub-ordination; for instance, the Commandant of the Fortress Crete reports simultaneously to the Commander in Southern Greece and to the Armed Forces Commander South East. In this manner, the superior agency is being deprived of the possibility of a comment.
3. Reports or messages are being sent (Page 18 of the document) to superior agencies "for information" together with a direct communication to a co-ordinated agency.
There are to be no communications "for information" to superior agencies, only messages, submissions and reports.
I know that such occurrences are in most cases the result of ignorance of the relations of sub-ordination or negligence, also that in most of the cases particularly concerning unsigned teletypes, the mistake lies with the individuals working the subject, without the chiefs (of staffs) being informed. However, I herewith request the chiefs (of staffs) to increase their attention to this part of their official agency, for which they are the responsible men in charge, to give detailed instructions to their expert department chiefs and to supervise them. Offenses such as the ones mentioned above increase the difficulties in the official exchange of communications, which, is in any case, a difficult one in the vast area of the Armed Forces Commander South East, they necessitate enquiries, cause trouble and reprimands and delay a factual dealing with the matters at hand.
There is a discipline also in the official exchange of communications, and it is necessary and for all concerned useful to adhere to same.
(Signed): FOERTSCH Col.
, General (Staff) After dispatch COPIES TO ALL DEPARTMENTS of the staff of the Armed Forces Commander South East.
THE PRESIDENT: Pardon me. I think we ought to take our morning recess at this time, and the recess will only be for 10 minutes.
(A recess was taken.)
THE MARSHAL: Persons in the Courtroom will please take their seats.
The Tribunal is again in session.
DR. FRITSCH: Fritsch for General Rendulic. Your Honor, first of all, I would like to state that with regard to the evidence which I have to bring in surrebuttal, as far as I am concerned, I will need about 20 to 30 minutes. I have already during the submission of Exhibit 673 and 674--I pointed out that I will very soon be able to bring surrebuttal evidence here and I would also like to be allowed to correct a mistake in Document 655 and in this connection I would like to make a short statement.
First of all, I would like to refer to Document 673. This is Document NOKW-069. The prosecution has referred to page 5429 of the English record, and stated, in general, also with regard to this document that it was to be proof of the fact that General Rendulic knew of violations and actions contrary to international law.
I have already pointed out that of course with regard to the Brandenburg Division, also with regard to the subordination relations, this division was under the Second Panzer Army, and also the knowledge of exactly this very document by General Rendulic would enter into the question, and in my opinion, the prosecution should have produced necessary evidence for this, and luckily I am today in a position to bring rebuttal evidence against mere assertions.
Now I would like to offer, and I would ask that this rebuttal evidence be admitted for the subordination relations, an affidavit by Horst Freiherr Reusch von Buttlar-Brandensels, which is Rendulic Document I, being number 31, and is included in my document book.
This document I gave the identification number of 32-A (exhibit no.). And now I would like to ask that this document be introduced as surrebuttal.
MR. RAPP: Your Honor, I object. I do not believe this is proper surrebuttal. That again forces us to do one of two things: if the affidavit is to be admitted we then will have to get the affiant back here for cross-examination; or if the affiant happened to be in Nurnberg then Dr. Fritsch ought to produce him in lieu of the affidavit.