(The hearing reconvened at 1145 hours.)
THE MARSHAL: The Tribunal is again in session.
MR. HIGGINS: If the Tribunal, please, in the supplemental Document Book Number 6, Document NOKW-2897 at page 1 of the English and page 1 of the German book is offered as Prosecution Exhibit 1452, an excerpt from the war diary of the 10th Corps subordinate to the 16th Army of Army Group North. This document recites the story of the administration of the coup de grace to a Russian soldier wounded in combat by a German corporal. In recognition for the corporal's actions, superiors granted him a furlough. The period covered by this report dates from 2 July 1942 to 27 December 1942. At this time the defendants, Kuechler, was commander-in-chief of Army Group North.
PRESIDENT: It is admitted.
MR. HIGGINS: Document NOKW-2896--excuse me, Your Honor, 2898 at page 3 of Supplemental English Book 6 and page 4 of the German Document Book is offered as Prosecution Exhibit 1453, dated 3 May 1944. This is an excerpt from the war diary of the 86th Corps disclosing the apprehension of two Anglo-American fliers who parachuted the area of Pas Calais and their transfer to the Wehrmacht prison at Bayonnne for further treatment by the SD.
PRESIDENT: Admitted.
MR. HIGGINS: Document NOKW-2923 relates to the deceased defendant, Blaskowitz and will not be offered at this time. Document NOKW-2930 at page 7 of supplemental English Book 6 and page 16 of the German Document Book is offered as Prosecution Exhibit 1454, dated 8 August 1942. It is a monthly report on prisoners of war issued by the 7th Corps to the 2nd Army. Among other things, it discloses the number of PW's shot, transferred to the SD, and in addition revelas the great number of prisoners of war used in the construction of fortifications and shelters and in the construction of roads and bridges.
PRESIDENT: It is admitted.
MR. HIGGINS: Document NOKW-2928 at page 8 of supplemental English Document Book 6 at page 22 of the German Document Book is offered as Prosecution Exhibit 1455, an excerpt from the war diary of the 3rd Mountain Division of the 6th Army. This document discloses that five Russian prisoners of war were shot. At this time the defendant, Hollidt, was commander-in-chief of the 6th Army.
PRESIDENT: Admitted.
MR. HIGGINS: Document NO-5850 is the next document, however, it was previously introduced Exhibit 729. Document NO-5770 at page 23 of supplemental English Book 6, page 96 of the German Document Book, is offered as Prosecution Exhibit 1456, dated 26 October 1943. This is a circular of the Chief of PW Affairs to the Commander of Prisoners of War laying down the basic policy for the treatment of prisoners of war.
PRESIDENT: It is admitted.
MR. HIGGTNS: Document NO-5764 at page 27 of Supplemental English Book 6 and page 103 of the German Document Book is offered as Prosecution Exhibit 1457, dated 22 November 1941. This is an order issuing from the General Office of the OKW, of which the defendants, Reinecke, was chief and distributed to the OKH, OKL, and OKM, directing the turning over of escaped and recaptured Soviet prisoners of war to the Gestapo. This report bears the typed signature of the defendant, Reinecke.
PRESIDENT: It is admitted.
MR. HIGGINS: Document NO-5767 -
PRESIDENT: Just a minute.
DR. VON JAGWITZ: Dr. von Jagwitz for the dofendant, Holildt, If Your Honor please, may I interrupt for a moment at this point. I cannot follow the proceedings concerning the Exhibit 1455, NOKW-2928, and I am trying to have a look at this exhibit, and if and when necessary to make objections, but so far it has been impossible for me to have a look at the exhibit in this court room.
PRESIDENT: Is the exhibit available?
MR. HIGGINS: The exhibit is available, Your Honor.
PRESIDENT: You may examine the exhibit and between the offer of exhibits you may go back and make your objections. 1457 was admitted.
MR. HIGGINS: I was about to introduce Document NO-5767 at page 29 of the English Book 6, at page 105 of the German book, which is offered as prosecution Exhibit 1453, dated 11 July 1944. It is an order from the Commander of Priosner of War Wehrkreis VI, and deals with the treatment to be accorded prisoners of war.
PRESIDENT: It is admitted.
MR. HIGGINS: Document 5681 at page 30 of Supplemental English Book 6 and page 106 of the German Document Book is offered as Prosecution Exhibit 1459, dated 29 and 31 march 1945. This document consists of letters passing between the Gestapo and the 1st Company Landessehuctzen Battalion 840 providing for the transfer of Russian prisoners of war to the Gestapo. If Your honors please -
DR.SURHOLT (ATTORNEY FOR THE DEFENDANT REINECKE) : If the Tribunal please, concerning the document presented just now, the name Reinecke is mentioned in the index of the document book. I would like to ask the prosecution for an explanation whether that is only supposed to be an indication that this document is to be used against the Defendant Reineckc, or whether that prosecution intends to assert that the document is connected with the Defendant Reinecke.
THE PRESIDENT:What do you have to say about that?
MR. HIGGINS:If the Tribunaa l please, the prosecution intends to tic up the Defendant Reinecke with this particular matter which concerns Prisoner of War Affairs.
DR. SURHOLT:I did not get that.
(The interpreter repeated Mr. Higgin's explanation.)
THE PRESIDENT:You objection is that it does not show on its face that it affects Reinecke.
DR. SURHOLT:Yes, Your Honor, and his office is not mentioned either.
THE PRESIDENT:Under the repeated ruling of the Tribunal, it will have to appear from other testimony before it could be considered against him. This notation will be made and the document admitted.
MR. HIGGINS:If the Tribunal please, the next three documents appearing in the document book have previously been introduced and therefore will not be dealt with at this time. These -
JUDGE HARDING:Do you have the numbers?
MR. HIGGINS:Yes, Your Honor. They are Document NO-5847, which was introduced as Exhibit 737, Document NO-5848which was introduced as Exhibit 734, and Document No-5849, which was introduced as Exhibit 735.
Document NOKW-2914 at page 43, Supplemental English Book VI, at page 120 of the German document book, is offered as Prosecution Exhibit 1450. It is dated 8 October 1943. This is a morning report of the XLVIII Panzer Corps to the 8th Army of which the Defendant Woehler was the commander in chief, stating that of seven parachutists seized, six were annihilated.
DR.RAUSCHENBACH (ATTORNEY FOR THE DEFENDANT WOEHLER): If the Tribunal please, I object against the introduction of this document. I just examined the original exhibit and therein the second part, which is just being quoted against General Woehler is not contained.
I Withdraw my objection, Your Honor.
THE PRESIDENT:You may proceed.
MR. HIGGINS:I would like to make a correction for the record. The last document, NOKW-2914 is Exhibit 1450.
JUDGE HALE:You mean 60, don't you?
MR.HIGGINS: 60, yeS, Your Honor.
Document 4052-PS at page 44 of Supplementary English Book VI and 122 of the German document book is offered as Prosecution Exhibit 1461. dated 13 December 1944, this is a Foreign Office Report, prepared for presentation to the Reich Foreign Minister, setting out the principle for the transfer of captured French generals to a new PW camp and disclosing the preparations made for the murder of the fifth general.
THE PRESIDENT:It's admitted.
JUDES HALE:May I ask against what defendant this is offered?
MR. HIGGINS :Your Honor, this document is offered. against the Defendant Reinecke, who was charged with Prisionor of War Affairs.
JUDGE HALE:Have you any evidence that he was connected with it at the time through his heading of Prisoner of War Affairs?
MR. HIGGINS:No, there is not, Your Honor. I might mention at this time that we have documents which will be introduced shortly concerning this same matter and will shed more light on this subject.
THE PRISEDENT:This is admitted.
MR. HIGGINS:Document NOKW-3060, at page 46, Supplementary English Book VI, page 125 of the German document book, is offered as prosecution Exhibit 1462. This is on order issued by the Armed Forces Operation Staff, dated 11 December 1944, concerning the behavior of German soldiers in case of selfhelp action taken by the civilian population against grounded Anglo-American flyers. Among other things it states that, and I quote:
"Recently, it has happened that soldiers have actively protected Anglo-American terror flyers from the civilian population, thus causing justified resentment. You will take immediate steps in order to ensure by oral instruction of all subordinate units and command authorities that the soldiers do not counteract these civilians" -- rather, excuse me -"civilian population in such coses by claiming the handing over to then of the enemy flyers as prisoners of war and by protecting, and thus ostensibly siding with, the eneny terror flyers."
THE PRESIDENT:The document is admitted.
MR. HIGGINS:Document NOKW-3061 at age 50 of Supplementary English Document Book VI and page 129 of the German document book, is offered as Prosecution Exhibit 1463. This exhibit consists of excerpts from the record of the trial of General August Schmidt, who was found guilty of issuing the order previously set out Exhibit 1462, document NOKW3060, which provided that member of he Allied Air Forces when prisoners of war were to be denied protection by their German escorts if attacked by the populace.
I might mention that the outcome of the trial resulted in the sentencing of General Schmidt to life imprisonment.
THE PRESIDENT:It's admitted.
MR. HIGGINS:Document 4069-PS, at age 58 of Supplementary English Book VI page 137 of German document book, is offered as Prosecution Exhibit 1464. This exhibit consists of several letters relating to the murder of the French General Mesny. This document ties into the previously introduced document 4052-PS, which is Exhibit 1461.
THE PRESIDENT:Just a moment. On what page do you have your 1462, Exhibit 1462?
MR.HIGGINS: 1462, Your Honor, is at page 46 of the. English document book.
THE PRESIDENT:Now, Where is '63?
MR.HIGGINS: 1463 is at page 50 of the English document book.
THEPRESIDENT: '64 is where?
MR.HIGGINS: '64 Your Honor, is at page 58 in the English document book.
THE PRISEDENT:That's admitted.
MR. HIGGINS:Thank you, Your Honor.
The next document which I wish to introduce at this time is document No-3690 at page 62 of the English document book and page 141 of the German book, an it is offered as Prosecution Exhibit 1465.
THE PRESIDENT:It is admitted.
JUDGEHARDING: 369 -- zero?
MR.HIGGINS: 3690, Your Honor, 3690.
Document NO-3878 at page 64 of Supplementary English Book VI and page 144 of the German document book is offered as Prosecution Exhibit 1466. It is an affidavit of Theodor Krafft, and concerns the Mesny affair.
THE PRESIDENT:Admitted.
THE. HIGGINS :Document No.3979 at page 69 of English Book VI and page 152 of the German document book is offered as Prosecution Exhibit 1467. Dated 21 June 1947, it is an affidavit of Berger, Chief of PW Affairs. It concerns the passing of the order for the execution of the French general.
THE PRESIDENT:It's admitted.
MR. HUGGINS:The last document which I wish to introduce is Document NO-5579 at page 71 of English Book VI and page 155 of the German document book and it is offered as Prosecution Exhibit 1468. It is an affidavit by German Mueller, Which concerns Reinecke's attitude and his influence upon the ideological attitude of the troops.
Is that admitted, Your Honor?
THE PRESIDENT:Yes, it is a admitted.
MR. PRESIDENT:If the Tribunal please, within a half an hour, the prosecution Well deliver to the Defense Center and to the Secretaries of the tribunal the schedule for this afternoon of all the documents we are going to use, prosecution's loose documents or documents previously only identified in document Book XX. We expect to finish very shortly after the noon recess, perhaps in one hour, and, if defense counsel will take cognizance of those documents mentioned and haven them here, I think we will expedite the afternoon session.
THE PRESIDENT:All right. If you furnish then, I think it will be a help. The Tribunal will now be in recess for the noon hour.
(A recess was taken until 1330 hours.)
AFTERNOON SESSION (The hearing reconvened at 1330 hours, 8 March 1948.)
THE MARSHAL:The Tribunal is again in session.
THE PRESIDENT:You may proceed.
MR. FUIKERSON:We go back now to these odds and ends that have not been admitted in evidence. The next document I am going to refer to, you don't need to look at. It is the one which I started to describe this morning, NOKW-2429. This is in Boot XV at page 143 of the English and 243 of the German. The English translation is a faithful reproduction of the photostat with the exception that on the photostat a line has been drawn through the whole page, which, of course, was impossible to reproduce with the typewriter, just a strike such as that, but there is a variation between the photostat and the German text and I am authorized to say that Counsel for the Defendant Schniewind, now that he has seen that the foot note at the bottom of that page has been translated and carried forward into the English translation, is satisfied. That is all that has to be said about that.
THE PRESIDENT:What is that exhibit number?
MR.FULKERSON: 1158. Your Honor.
THEPRESIDENT: 1158 may now be admitted, is that right?
MR. FULKERSON:That is right.
THE PRESIDENT:It will be admitted.
MR. FULKERSON:The next document is TC-58a, which is found in Book XV at page 145 of the English and 246 of the German. It was not admitted -
THE PRESIDENT:Just a minute, is that on this list he re?
MR. FULKERSON:I believe so, yes, sir.
JUDGEHALF: exhibit 1159?
THE PRESIDENT:Yes, yes. TC-58a.
MR. FULKERSON:Yes, it was given the number 1159, but was not admitted because the certificate which identified it was omitted from the English version.
It was in the German, but not in the English translation so I have had the first two pages retyped in the English version and I ask the court to substitute these two pages Which. I am now distributing for the first page in this document.
THE PRESIDENT:These two pages will be substituted for the first page in the document book under Exhibit No. 1159.
MR. FULKERSON:And the document as corrected is admitted?
THE PRESIDENT:The document as corrected will then be admitted.
MR. FULKERSON:Thank you.
The next correction that needs to be made is on Document NO-3401, which is found in Document Book IX-N, English page 38 and German page 77. Mr. McHaney offered it as Exhibit No. 906, but it was not admitted because a discrepancy existed between the English and the German text. The German text was incomplete and the distribution listing parts of the German text has already been made, I understand, so I would like to offer that as Prosecution Exhibit 906
THE PRESIDENT:That is at page 38?
MR. FULKERSON:Yes, sir.
THE PRESIDENT:It Will be admitted.
MR. FULKERSON:The next correction is on Document NO-2943. Again there was a disparity between the English and the German text. The German text was incomplete. This has now also been corrected and I would like to re-offer it as Exhibit No. 926, the number which it was originally given.
THEPRESIDENT: what book?
MR. FULKERSON:It is Document Book IX-0, English page 10, German Page 32.
THE PRESIDENT:That is the same document book.
MR. FULKERSON:This is IX-0, if Your Honors please. I believe the next one was IX-N.
THE PRESIDENT:That has been corrected, then?
MR. FULKERSON:Yes, sir.
THE PRESIDENT:That will be admitted.
MR. FULKERSON:The next document to be corrected is L-180 from document Book IX-P, English page 19, German page 92, I believe. This was not admitted because Enclosure No. 8 was missing in the German text, we have this now and I ask that it be distributed and another part of the document which is being introduced as part of this exhibit is a map showing the location of the execution by Einsatzgruppe A, which was in the general area of Army Group North. This was given the number 956, Exhibit 956, and I would like to reoffer it as corroctod under that number.
THE PRESIDENT:Is this that you are putting in here to be substituted or simply added?
MR. FULKERSON:The map is to be added. The Enclosure No. 8 is in the English text, but not in the German text and that is being distributed now.
THE PRESIDENT:Exhibit 956, as corrected, and with the map to be attached, will be admitted. I think you have some others.
MR. FULKERSON:I have one loose document Here, if Your Honors please, which I would like to introduce now as prosecution Exhibit 1469. It is not contained in any of the books.
THE PRESIDENT:Just a moment. You have Exhibit 1273?
MR.FULKERSON: that is right, but I believe Mr. Dobbs has it and will make those corrections after I have finished with this -
THE PRESIDENT:Very well.
MR. FULKERSON:Unless you would rather have me go on with the corrections.
THE COURT:You may go ahead.
MR. FULKERSON:This is Document No. NOKW 3143, which has been in the hands of Defense counsel for some time. It is Merely an affidavit by General Walter Mueller, who simply describes here the organizational structure of the Reichswehr Ministry, (War Ministry) from approximately 1927 until the seizure of power by Hitler, and, then the organization of the OKW after it was formed.
THE PRESIDENT:Now this is to be Exhibit No
MR.FULKERSON: 1469, Sir.
THEPRESIDENT: 1469. It will be admitted.
MR. FULKERSON:Mr. Dobbs will now clear up his odds and ends.
MR. DOBBS:Does the Tribunal have Supplemental Books 7 and 9?
THE PRESIDENT:Yes, You may proceed.
MR. DOBBS:At page 6 in Supplemental Book 7 in the English, on page 4 in the German, Document NOKW 2798, this appears which received the Exhibit number 1273 for identification. I have a few English translations which I would like to distribute to the Tribunal at this time and ask that this Document be received in evidence. The Document consists of certain OKH regulations dated 6 February, 1943, concerning the introduction of compulsory labor service in the Zone of operations. It was distributed to Army groups in the East, and I would like to point out that Kuechler was Commander in Chief of Army Group North at this time, and would also like to point out the distribution sheet which points out that an information copy was sent to OKW Office Chief of Prisoner of War matters, and also the OKW, General Wehrmacht office, AWA, both of which were subordinate to Reinecke.
THE PRESIDENT:Now this is to be substituted in full for the one in the Document Book?
MR. DOBBS:That is correct.
THE PRESIDENT:It will be substituted for that one appearing in Document Book 7, -- Supplemental 7, and the supplement will be admitted in evidence.
MR. DOBBS:In the same book, the last Document in the book, NOKW 2967, I have a few translation of the English which I am now distributing to the Tribunal. This document, dated 19 October, 1942, was an order of the 11th Panzer Division in the 8th Army Corps, to sub units calling for the ruthless use of the civilian population in road repair work. It was marked for identification with Exhibit No. 1296. I ask that it be received at this time.
THE PRESIDENT:As a corrected translation it will be received, ant substituted in Document Book Supplemental 7, as Exhibit 1296,
MR. DOBBS:Now if the Tribunal would please turn to Book, -Supplemental Book No. 9, as page 166 in the English, and 475 in Part 2 of the German Book, Document NOKW 2854 was marked for identification but not received, with number 1339. I would like to point out that in the English the document is a one-page document. I would ask the Court to strike from the English translation the language which reads, "Activity Report for October 1942. Strike that and the balance of the translation as it appears on that page. The only part of the document we are offering is that which precedes the part to be stricken.
THE PRESIDENT:The portion requested will be stricken from the Exhibit 1339, and the admission limited only to that not stricken.
MR. DOBBS:And in the same book I reserved Exhibit No. 1344, to be applied to Document No. 2939. This document, which is not noted in the English index, appears in the English book A copy of this document in the German was distributed by me to Defense counsel at this morning's session. I would like to remark that this document is dated 17 July, 1941, and that it is a report of Einsatz Commando 10A, within Einsatz Gruppe D, concerning the killing of several hundred Jews in Tolci by Rumanian soldiers, and the execution of 15 Jews, with the approval of the Commander of the 170th Division, within the XXXth Corps of Salmuth.
The document also points out that 70 hostages were taken and 10 shot on the request of the Commander of the 170th Division, I ask that this document, No 2939, be received as Prosecution's Exhibit No.1344.
THE PRESIDENT:May I ask was that given that number?
MR. DOBBS:It was, Sir. Yes.
THE PRESIDENT:And this has been substituted in the Book for that?
MR. DOBBS:Well the trouble was this. While it appeared in the English book, the German book was distributed to the Defense Counsel, and the document was excluded, so this morning I furnished the Defense counsel with a German copy of this particular document.
THE PRESIDENT:It may be admitted.
MR. DOBBS:Mr. Niederman will continue.
MR. NIEDERIAN:If the Tribunal please, we will continue with the presentation of the documents in Book 20. In Book 20 on page 1 of the English and German, Document No. NOKW 3091, this is dated 26 November, 1943, as a report by the First Corps, signed by Woehler, who was the Commanding Officer of the First Corps, reporting to the 18th Army, on the shooting of 2 escaped and recaptured PW'S. The document is offered as Prosecution's Exhibit 1470.
THE PRESIDENT:It is a admitted.
MR. NIEDERMAN:On page 2 of the English and 2 of the German, NO. NOKW 3123, dated 31 August, 1944, excerpts of reports covering the period between 1 November and 21 December, 1943, excerpted from the war Diary of the 8th Army, the OQU, the 8th Army then being commanded by Wohler. These reports deal with Sauckel action, as shown on the entry for 25 October, '43, deportation to slave labor, and commitment of indigenous labor. The Document is offered as Prosecution's Exhibit 1471.
THE PRESIDENT:It is admitted.
MR. NIEDERMAN:On page 7 of the English and 7 of the German, numbered NOKW-3093, dated 4 January, 1944, is an extract from a report to the 335th Infantry Division in the 6th Army then commanded by Hollidt, reporting the killing and wounding of Russian PWs, who were then engaged in building fortifications.
According to this entry these prisoners were hit by enemy artillery or mortar fire. The Document is offered as Prosecution's Exhibit 1472.
THE PRESIDENT:It is admitted.
MR NIEDERMAN:On Page 8 of both the English and German, Document NOKW-3108, the first page showing receipt by the 6th Army, stamped "Received on the 26 of February 1944." 6th Army was then commanded by Hollidt. This concerns destructions and deportations to slave labor. It is a series of reports. The document is offered as Prosecution Exhibit 1473.
THE PRESIDENT:Admitted.
MR. NIEDERMAN:On Page 20 of the English, 17 in the German, NOKW3048, dated 12 January 1944, is an activity report of the 4th Panzer Army for the period of December 1943. At that period of time Hoth was in command. It reports various shootings and transfers to the SD in that army area. The document is offered as Prosecution Exhibit 1474.
JUDGE HALE:I notice in this exhibit statement I-C, Activity Report of Panzer Group AOK dollar mark. Is that dollar mark intended to be a 4?
MR. NIEDERMAN:I am sorry. That should read: "AOK4." I ask the Tribunal to correct the insignia to read 4. Thank you.
THE PRESIDENT:The document will be corrected as requested and admitted.
DR.MUELLER-TORGOW: Mueller-Torgow, counsel for General Hoth. If it please the Tribunal, The statement made by the Prosecutor is not correct. General Hoth already relinquished his command on 28 November 1943, that is, he was removed from his post as Commander-in-Chief of the 4th Panzer Army. He was no longer Commander-in-Chief in the period referred to by this activity report.
THE PRESIDENT:You say he was relieved on 24 October 1943?
DR.MUELLER-TORGOW: On the 28 of November 1943, if your Honor please. And this activity report refers to the month of December 1943.
MR. NIEDERMAN:Our information, of course, relies on the service records which are shown in Document Book 2 already admitted. Our information is there that Hoth was in Command until the end of December of 1943,
THEPRESIDENT: well, that will be marked as a disputed issue and the notation made on the document and, as such, it will be admitted.
MR NIEDERMAN:The next offer is on Page 22 of the English, 19 of the German. It is NOKW-3144, dated 11 February 1948. It is an affidavit by Hoth. I'd like to advise Defense counsel that Hoth is immediately available for cross examination if required, but that also we are advised by Hoth that he's given affidavits to the Defense. In that event, I'd suggest that any cross examination be delayed until such time as the Defense presents their affidavits and the whole thing can be cleaned up at once.
THE PRESIDENT:I suppose under our ruling if they went to cross examine on this affidavit at this time they will have the right to do so. Is there any counsel who wishes to cross examine on this affidavit at this time? Then the record will indicate-
DR. LATERNSER:May it please the Tribunal. I reserve the right to call this witness for cross examination.
THE PRESIDENT:When can you produce the witness?
DR. LATERNSER:I think there must have been an error in translation. I merely stated that I wish to reserve the right to call the witness at a later stage for cross examination.
THE PRESIDENT:Well, if he is available now and you want to cross examine him on this affidavit, it should be done before the Prosecution rests. Do you want to do it before the Prosecution rests or wait until your own case cores to put him on as your witness?
DR. LATERNSER:I 'd like to reserve the Opportunity for the second alternative, of calling him as my own witness, as a defense witness.
THE PRESIDENT:Well, you have the right to do that and the record will show that you do not desire then to cross examine him at this time.
DR. LATERNSER:Very well, your Honor.
MR. NIEDERMAN:That document is offered, if your Honor, please, as Prosecution Exhibit 1475.
THE PRESIDENT:It will be admitted.
MR. NIEDERMAN:On Page 26 of the English, 22 in the German, and dated 19 December 1947, is an affidavit by Admiral Heye identifying Schniewind's initials.
This is offered as Prosecution Exhibit 1476.
THE PRESIDENT:What page is that, please?
MR.NIEDERMAN: 26 of the English, if your Honor please.
THE PRESIDENT:It will be admitted.
JUDGE HALE:Can you tell me where these exhibits C-122 and C-126-E are to be found in Document Books?
MR. NIEDERMAN:I can't tell you at present but I will be able to tell you in fifteen minutes or so. I will have it checked.
The next offer is on Page 27 of the English, 23 in the German, dated 17 February 1948. It is an affidavit by Collee identifying Reinhardt's initials. This is offered as Exhibit 1477.
DR. LUCHT:Dr. Lucht for General Reinhardt. If it please the Tribunal, I'd like to reserve the right to call this affiant for cross examination at a later stage. She affiant Will probably appear at a later stage as a defense witness.
THE PRESIDENT:You will not be calling him for cross examination, but of course you may put on any witness you desire as a defense witness. Do you desire to cross examine him on this affidavit before the Prosecution rests?
DR. LUCHT:No. I'd appreciate it if that could be done at a later stage. I don't want to examine him on these questions, but I'd like to make the cross examination at a later date so that the witness need not come here twice. I assume that the witness is not here just now.
THE PRESIDENT:Has the Prosecution any objection to the examination being out on as part of the defense?
MR. NIEDERMAN:No. I think, if it will save time and transportation it will be agreeable, just on this affidavit, of course, to cross examine.
THE PRESIDENT:That is as I understand. I intended to inquire, does anyone desire to cross examine on Exhibit 1476?
DR. MECKEL:Counsel for Admiral Schniewind. If it pleases your Honor I do not have the intention of calling Heye for cross examination.
THE PRESIDENT:He does not want to call him?
JUDGE HALE:That is right,
MR. NIEDERMAN:That concludes the documents in Book 20.
THEPRESIDENT: 1477 is admitted and the cross examination may be had as indicated, when the defense puts on its case.
MR. NIEDERMAN:Now, I have two other documents to offer which were distributed separately, NOKW-3146 and NOKW-3147. If they are not immediately before the Tribunal, I have conies here that I will distribute to you, (Documents handed to the Tribunal.)
NOKW-3146 is a report dated 11 November 1941 from the files and notes of. Lahousen, reporting on a trip to the East, and it is offered as Prosecution Exhibit 1478.
THE PRESIDENT:Admitted.
MR. NIEDERMAN:The other document is NOKW-3147 dated 23 October 1941, It is also taken from the files and notes of Lahousen, dealing with observations and experiences on a trip to the operational area in the East and it is offered as Prosecution Exhibit 1479.
THE PRESIDENT:Has that been distributed?
MR. NIEDERMAN:Yes, that has been distributed to your Honors.
THE PRESIDENT:We have nothing here but NOKW-3146.
MR. NIEDERMAN:I believe that they are all in one pile there, if your Honor please.
DR. SURHOLT:If it please the Tribunal, the two last documents just submitted are being attributed to the affiant Lahousen who appeared as a witness. The document actually submitted does not establish the connection with the witness. This is true of both docunents. In addition, the Defense for Reinecke has asked that the diary of the affiant be furnished not only in excerpts but that it be made available in its entirety to the Defense,