We defense counsel can show to you from the bulletin board a lot of pictures where some people are hanged or murdered from one band or the other band, but we don't do that because we know that nothing can be proved by this. But I think that it is my duty in the interest of the defendants to point out how little probative value there is, especially against the defendants, in photographic material of this kind.
PRESIDING JUDGE BURKE: Dr. Sauter I understand you and I agree with you that the final responsibility, grave though it may be, must rest upon the Tribunal, and we will not form our decisions from anything that may be printed in the papers or in magazines or in unidentified pictures presented to us.
DR. SAUTER: Thank you very much.
PRESIDING JUDGE BURKE: You may proceed.
MR. FENSTERMACHER: With the introduction of documents in Document Book No. 19 we turn our attention to events in Greece during the period of August 1943 to October 1944. Your Honors will recall that during this period General Alexander Loehr was Commanding General of Army Group E, which in turn was subordinate to Army Group F, headed by the Commander in Chief, the Defendant Weichs, and his Chief of Staff, the Defendant Foertsch. Your Honors will also recall that subordinate to General Loehr's Army Group E were two corps, the 68th Army Corps, commanded by the Defendant Lanz. We shall be concerned with the activities of troops under the command of the Defendants Felmy and Lanz through out this and the next two succeeding document books. Turning now to page 1 of the English and page 1 of the German. Document No. NOKW-1140, which is offered as Prosecution's Exhibit No. 442. This is a biographical affidavit of the Defendant Felmy, executed here in Nurnberg on the 24th of April 1947.
"I, General Hellmuth Walter...."
PRESIDENT JUDGE BURKE: This becomes Exhibit what?
MR. FENSTERMACHER: No. 442, Your Honor.
I, General Hellmuth Walter Wolfgang Felmy, being duly sworn, say and depose:
I was born in Berlin on 28 May 1885. I entered the Instruction and Experimental Station for Military Aviation in Doeberitz on 1 June 1912. I was promoted to first Lieutenant on 27 January 1913. On 1 October 1913 I entered the Berlin Military Academy. I became a Captain on 20 December 1914. During the war up to 1918, I was attached to various Air Force Units.
Decorations: Iron Cross, II Class, Iron Cross, I Class, Knight's Cross of the House Order of the Hohenzollerns with Swords.
I was taken over into the Reichswehr in 1919. From 1924 to 1926, I was active in the Reichswehr Ministry, Berlin T1, (Operations Branch). I became a Major on 1 February 1927. On 1 Feb. 1929 I was in the Reichswehr Ministry, Berlin T2. (Organizations Branch). I became a Lt. Colonel on 1 February 1931. On 1 April 1933, I became Lt. Colonel in the Staff of the 15th Infantry Regiment Cassel. On 1 August 1933 I became the Commanding Officer of the 17th Infantry Regiment, Brunswick. I was promoted to Colonel on 1 October 1933. On 1 December 1933, I entered the Reich Air Ministry in Berlin as Chief of Staff with the School Command. I became Senior Air Corps Commander of Munich on 1 April 1935; was promoted to Brigadier General on 1 January 1936; became Commander of the 7th Air District, Brunswick, on 1 October 1936; was promoted to Major General on 1 April 1937, Luftwaffe Group 2, Brunswick; became Lt. General of Air Corps on 1 February 1938, Air Fleet 2, Brunswick and on 1 September 1939 I was Lt. General of the Air Corps, Commander of Air Fleet 2, Brunswick. I was retired on 12 January 1940.
I joined the party in the Fall of 1940; I had no office.
On 21 May 1941 I was reactivated and became Chief of the Military Mission to Iraq. I came to Aleppo on 1 June 1941. German Air Corps units evacuated Syria. In the middle of June I became Commander South Greece, Athens, simultaneously Commander Special Staff "F" Sunion. (Staff of the former Military Mission to Iraq).
In August 1942 Special Staff "F" was renamed Corps Headquarters LXVIII Army Corps and transferred to South Russia - Calmucks Steppes - and subordinated to the 1st Panzer Army. From October 1942 to January 1943 fighting in the Calmucks Steppes, protection of wing and flank of the 1st Panzer Army. Up to March 1943 withdrawal movement up to the Mius, Taganrog. In April 1943, the Staff of Corps Headquarters LXVIII was transferred to Peggio (Calabria) to be committed in Tunis. In May 1943 Corps Headquarters LXVIII Army Corps, was transferred to Greece. Then followed employment on the Peloponnesus; enemy landings were to be repelled. In October 1943 Corps Headquarters LXVIII Army Corps were transferred to Psychikon near Athens. Combatting of bands in South Greece. On 12 October 1944, Athens was evacuated. On 25 October 1944 the Staff of Corps Headquarters LXVIII Army Corps with its Operations Echelon was transferred by air to Vukovar (Yugoslavia). From 13 November 1944 until the middle of December 1944, the Staff of Corps Headquarters LXVIII Army Corps was in South Hungary in order to repel the Russian invasion across the Danube near Batina. From the middle of December 1944 to 13 April 1945 I took over Corps Headquarters XXXIV Army Corps in Syrmia. On 8 May 1945 occurred the surrender to the English in Villach (Carinthia).
Decorations: Clasps to Iron Cross, II Class and I Class, German Cross in Gold.
I married Helene, nee Boettcher on 3 July 1919.
I have three sons, 20, 18 and 16 years old. The oldest is a prisoner of war in Egypt.
I have read the above statement consisting of two pages in the German language and declare that according to my best knowledge and belief it is the full truth. I had occasion to make changes and corrections in the above statement. I have made this statement voluntarily without any promise of reward and I was subjected to no threat or force whatsoever.
I should like to hand the photostat copy of this document to your Honors to examine both the signature of the Defendant Felmy and the various initials which he has made on the margin, indicating that he has made changes in the affidavit.
PRESIDING JUDGE BURKE: I take it, Mr. Fenstermacher, that in the course of the Prosecution's proof there will be evidence introduced as to the fact that this is the Defendant Felmy's signature, or in case...
MR. FENSTERMACHER: Your Honor, at this time.... I beg your pardon.
PRESIDING JUDGE BURKE: Or in case of other documents that may be applicable to other defendants, there will be proof in the Prosecution's case as to the signatures that they are alleged to be.
MR. FENSTERMACHER: If Your Honors please, at this time and prior hereto, we have submitted signatures and initials only for Your Honors' purposes of comparison. I am not at liberty to say whether we shall introduce more positive proof of these signatures or not. I believe I may say, however, that we do not anticipate that the initials or signatures, to which we have called Your Honors' attention, will be denied by any of the defendants. Should that be the case, we will take the proper steps at that time.
PRESIDING JUDGE BURKE: I think it should be kept in mind that it's the Prosecution's duty to make out its case in chief.
MR. FENSTERMACHER: We will do that, Your Honor.
JUDGE CARTER: I'd like to inquire. You say you handed these up here for comparison. Now, what are we comparing them with?
MR. FENSTERMACHER: Well, Your Honors have been signatures of voluntary, different affidavits.
JUDGE CARTER: Well, who says that, in this instance, the Defendant Felmy signed it. Maybe I signed it. How do we know?
MR. FENSTERMACHER: Well, that may be true, Your Honor. I am not sure whether the Prosecution has to introduce positive proof of these signatures or whether we cannot wait until the defendants take the witness stand and then ask them whether these are not, in fact, their signatures.
JUDGE CARTER: In other words, you ask the defendants to testify against themselves in order to make a case against the defense.
That's my understanding.
MR. FENSTERMACHER: If your Honors please, I believe we can make Our prima facie case without having these various signatures identified. We have shown that the defendants held certain positions during the period with which we are dealing, and certain events happened by troops under their command. We believe that makes for us a prima facie case.
JUDGE WENNERSTRUM: This Tribunal feels that the evidence should be subjected to the rules as we have understood them to be in America. I believe, as representing this Tribunal, there is the question before this Tribunal that we should exact the same type proof here that we should expect in America for it--if we were sitting in America, both as to type of proof and manner of proof.
MR. FENSTERMACHER: Very Well, Your Honor. We shall take prompt steps to introduce positive proof.
JUDGE WENNERSTRUM? I am not interfering with your case. These are merely suggestions.
MR. FENSTERMACHER: Very well, Your Honor.
PRESIDING JUDGE BURKE: You may proceed, Mr. Fenstermacher.
MR. FENSTERMACHER: Turning next to Page 4 of the English and Page 3 of the German Document Book, is Document No. NOKW875, which is offered as Prosecution's Exhibit No. 443. This is a biographical affidavit of the Defendant Lanz, executed by him in Nurnberg on the 7th of March 1947.
"I, Karl Hubert Lanz, swear, testify and declare:
I was born on 22 May 1896 in Entringen, Oberamt Herrenberg (Wuerttemberg) as the first son of the Commissioner of Forests, Otto Lanz and his wife Berta, born Probst. I am of the RomanCatholic faith.
On 1 April 1900 my father was called to the forest service of the King of Wuerttemberg and sent to Stuttgart.
From 1903 to 1905 I visited the elementary school, from 1905 to 1914 the Humanistic Gymnasium in Cannstadt, where I passed my "Abitur" examination in May 1914.
On 20 June 1914 I entered the service as an officer candidate in the 7th Co., Wuerttemberg 125th Infantry Regiment, in Stuttgart, with which I went into the field on 8th August 1914. Heavily wounded by a grenade on 9 September 1914 at Somaisne (Verdun) lay 4 months in the hospital, finally saw service with the replacement battalion of the regiment in Stuttgart. Promoted to 2nd Lieutenant 4 February 1915, again went into the field beginning in May 1915 with my troop unit, which at that time was on the Eastern front before presnysz (russ. Polen) in battle position. Up to the end of June 1918, I was at the front as platoon and company commander, as well as Battalion adjutant with the 2nd battalion of the 135th Infantry Regiment. On 1 July 1918, I was sent as regimental adjutant to the Wuerttemberg regiment, which at that time was fighting at the Chemin des Dames at Laon (France). With this regiment at first Lieutenant, I saw the end of the war at the beginning of November 1918 on the Western front. In the following 3 months, I had the task of deactivating the regiment in the upper Swabian towns of Isny and Leutkirch, which task was completed on 1 March 1919.
After short employment in setting-up tasks for the border patrol in the East I became adjutant of the 25th Wuerttemberg rifle regiment in the 300,000 man Army in Stuttgart and finally likewise adjutant of the 13th Wuertemberg Infantry Regiment in Ludwigsburg in the 100,000 man Army. The following 3/4 of a year I was active as CO of a machine gun platoon in Cannstadt, and then for compassionate reasons (ill health as a result of my war wounds) served two years as staff Officer with Wehrkreis V in Stuttgart.
1924 to 125 I was ordered to tactical training with Wehrkreis V in Stuttgart and was assigned in November 1924 as platoon commander to Tuebingen (Wuerttemberg) in an Infantry Company of the 2nd Battalion of the 14th Infantry Regiment.
From February to October 1926 I was Infantry instructor with the officer candidate courses at the troop maneuver area of Ohrdruf in Thueringen.
On 16 October 1926 I was married in Dusseldorf to Gerty Beterams, daughter of the Economic Counsellor Emil Beterams and his wife Maria, near Ondtmann in Geldern-on-the-Niederrhein. My wife is likewise of the Roman-Catholic faith. There are two children of this marriage; In ebory Lanz, born 27 July 1927 in Stuttgart, and Annemarie Lanz born 9 November 1941 in Berlin.
From November 1926 to September 1927 I was Company Commander in the training battalion of the 13th Regiment Battalion in Schwaebisch-Gmuend. From here, I was assigned to a one year training course for assistant chief of staff in the Reich defense ministry at Berlin and in fall 1928 after promotion to Captain which took place in the meantime, (1 February 1928) taken over into the general staff. From 1928 to 1932, I was employed, in the Department No. 3 (Branch for Foreign Armies) of the Truppenamt in existence at that time. At the end of this, I went to Gumbinnen in East Prussia as company Commander of the 9th Company, 1st Infantry Regiment. On 1 August 1934, promoted to Major; at the beginning of October 1934, my recall to the General Staff of Wehrkreis No. IX in Kassel, newly set up at that time. I was there 2 years as Ib (2nd Genaral Staff Officer); at the end of two years assigned as Ia (1st General Staff Officer), during which time I was promoted to Lieutenant Colonel (1 March 1937). At the beginning of November 1938, my assignment to troops as CO of the 100th Mountain Jaeger Regiment, at Bad Reichenhall in Upper Bavaria took place, my present residence.
At the outbreak of war, I was recalled into the General Staff, with promotion to colonel, and made Chief of Staff of the Wehrkreis V in Stuttgart, where I remained until the beginning of February 1940.
From here, my call to the front as Chief of the General Staff of the XVIIIth Mtn Corps took place, which at that time was with the Staff at Neuwied on the Rhine. In this capacity, I took part in the campaign against France.
For the assault on the Malmaison Forme at Chemin des Dames (a key point of the combat actions at that time), I received the Knight's Cross to the Iron Cross on 1 October 1940.
On 26 October 1940, I was discharged from the General Staff and put in charge of the 1st Mountain Division from Upper Bavaria, which at that time was in the area of Arras, with the temporary rank of Brigadier General, (1 November 1940). In this capacity, I took part in the campaign against Yugoslavia from Lower Drauburg through Oilli to Bihac, as well as the battles of 1941 and 1943 against the Soviet Union from Lomberg to Stalingrad and in the Caucasus. On 1 November 1943 I was promoted to Major General and decorated for the battles around Elbrus (Caucasus) with the Oak Leaf to the Knight's Cross.
From 27 January to 20 February 19 in the meantime General of Mountain Troops, I was temporarily in charge of a battle unit consisting of 2 corps, at Charkov. Assigned to the Fuehrer Reserve again, I was at home in Bad Reichenhall till the middle of June 1943, and took over then as deputy for 4 weeks, the command of the Mountain Corps in the Kuban bridgehead at Temriju. At the end of July 1943, ordered back to the homeland, the command of the XXIInd Mountain Corps was transferred to me in the middle of August in the Greek area, which was considered a Zone of Operations. After 14 days sojourn without troops and without being committed in Salonika and Athens, I took over on 9 September 1943 the security of Epirus with headquarters in Jeannine. Here the corps remained busy, without large combat action, in the main with security actions against Communist insurgents, until the evacuation of Greece in the middle of October 1944. After retreating battles in Macedonia lasting 4 weeks, the Corps was committed to Southwest Hungary in the area South of the Plattensee, where it remained until the end of March 1945. Then followed the retreat movements into lower Styria with the defensive front on the Mur. My last mission, after giving up my troops to the neighboring headquarter authorities, consisted of the security and traffic regulating of the roads leading to the best. After the capitulation on 8 May 1943, I took over the assembly and care of numerous foreign troops elements in the area of Radstadt, Wagrain, and Falchau. On the 4th of June these troops were stationed in the area Northeast of Murnau (upper Bavaria), where I had to carry out their discharge in the final weeks. I have never belonged to the N.S.D.A.P.
I leave read the statement above, consisting of 4 pages in the German language, and I declare that to the best of my knowledge and belief it is the entire truth. I lead the opportunity to make changes and correction in the above statements.
I have made this statement voluntarily without any promise of reward and I was neither threatened or compelled to do so.
And the affidavit is signed Herbert Lanz, It is dated Nurnberg, Germany, 7 March 1947. Turning next to Page 9 of the English, Page 6 of the German is Document NO. NOKW-1780, which is offered as Prosecution's Exhibit No. 444. This is the Service Record of the Defendant Lanz. I will call Your Honors' attention to the war-time Service Record of the Defendant from 1 September 1939.
"1 Sept 1939 Chief of Gen Staff Vth Infantry Corps.
"15 Feb 1940 Chief of Gen. Staff XVIII Infantry Corps.
"25 Oct 1940 Cmdr. 1st Mtn. Div.
"17 Dec 1942 OKH Fuehrer Reserve (Chief Army Propaganda) "3 Feb 1943 Cmdr.
Army Group Lanz.
"23 June 1943 Army Group A (Deputy of Dmdg. Gen. on leave) "25 Aug 1943 Cmdg.
Gen. XXII Mtn. Corps."
Page 10 of the English and 6 of the German are the decorations received by the defendant Lanz. Turning next to page 11 of the English and page 6 of the German are various comments made with respect to the defendant by commanders under whom he served. The defendant Weichs, said to him: "21 Feb 43, Frhr. v. Weichs; Excellent work as a leader. Very good intellectual tendency. Very active physically and very capable physically (mountain climber). Exemplary in ruthless committment of own person. Above average. Energetic, strong willed, very glad to accept responsibility. He has a clear, trained insight for pertinent needs. Above average. Pronounced leader personality of outstanding qualities. C-in-C of an Army. 1 Mar 44, Loehr, Deputy Cmdr Group E;" said of him: "Nationalist Socialist leader personality. The capture of the islands of Kephalonia and Corfu and the annihilation there of the Italian occupation forces, which were frequently superior, took place under his personal command. He has a personality which forces others to go along with him and he is glad to commit himself. Above average. Retention of assignment.
"10 July 44. in a letter from Frhr. v. Weichs, C-in-C Southeast to o office Chief"; it was said of Lanz: "The following is my comment in agreement with Cmdr. -in-chief Army group E concerning the suitability of Lt. Gen. of Mtn. Troops Lanz for Army Commander.
a) "Advantages: Courage, high personal willingness to commit himself. He frequently completed tho missions given to him with groat energy and with great care in the East where he was subordinate to me from time to time, as well as during larger scale band operations in the Balkans.
He knows how to make his troop cooperate.
b) "Disadvantages: He sometimes suffers from changes of his moods, so that his achievements are not always oven. In estimating difficult situations he does not always show that severity which he has demonstrated in his personal actions and in his mastery of tactical combat actions. Thus, in the course of the disarmament of the Italian Army and the fighting connected with it, his activity did not come up to standard in two cases. It is only due to the intervention of Cmdr.-in-Chief of Amy Group E that no important disadvantages resulted from that.
c) "Conclusion:. He fulfills his position as Cmdg. Gen. well. However, I have serious objections to his assignment as Army Cmdr. because of his unstable temper."
Turning now to page 13 of the English, page 8 of the German, Document NOKW-1016 is offered as prosecution Exhibit 445. Your Honors will recall that when prosecution presented documents against the defendant Rendulic for the period early September and early October, 1943, we were concerned with the surrender of the Italian troops following the Armistice entered into by the Italian government and the Allied Forces. We now turn to the same period of September and October, 1943, to Greece where other Italian units were being captured by German forces in order to prevent their turning of weapons and supplies over to partisan units operating in Greece.
This is an order of the LXVIII Any Corps commanded as your Honors know by the defendant Felmy, dated 16 September 1943, to one of Felmy's subordinate units of the 1st Partisan Division.
"Subject: Treatment of Italian Troop units who turn over their arms to insurgents and/or negotiate with insurgents. By order of the Fuehrer, the following procedure is to be applied with respect to all Italian Troop units who have permitted their arms to fall into the hands of the insurgents and moreover have made common cause with the insurgents after said troops are captured.
1. ) "The officers are to be shot to death by summary court martial.
2.) "Non-Commissioned Officers and men are to be deported to the East by railroad for labor employment. They are to be treated as prisoners of war and they are to be collected in special transports and to be reported to competent railroad transportation offices individually. Supplement Army Group: Decision according to 1 by Divisional Commander."
The order is signed: "LXVIII Army Corps 1c/No. 236/43 Top Secret of 16 Sept." Or Intelligence Officer.
Turning next to page 15 of the English, page 9 of the German, Document NOKW-1118, which is offered as prosecution Exhibit 446, this is an order from the XXII Mountain Corps. If your Honors will recall, it was commanded by the defendant Lanz. The order is dated 16 Sept 1943 and it is sent to the subordinate units of the XXII Mountain Corps, the 1st Mountain Division, and the 104th Jaeger Division.
"Cases of Italian soldiers changing into civilian clothing and staying with the population are increasing. This means a material increase of danger with bandit. Such Italians are to be arrested by patrols and are to shot."
This order is signed: "Headquarters XXII Mountain Corps Ic."
Turning now to page 17 of the English, page 10 of the German, Document NOKW-1354 which becomes prosecution Exhibit 447, this document consists of a series of daily reports of the Commonder-in-Chief Southeast which during this period was the defendant Weichs. Your Honors will recall that his chief-of-staff was the defendant Foertsch. The first report is dated 19 September 1943. It is sent to the OKH Army General Staff, Operarions Section in Berlin and is the daily report from the Commander-in-Chief Southeast for the 19th of Sept. 1943. Under the portion of the report dealing with Administration Area Headquarters Saloniki:
"Engagement between our own reconnaissance and bands North of Elasson.
The attitude of the disarmed Italians has stiffened. Several mutineers were shot."
Then under the section of the Commander-in-Chief Southeast dealing with Serbia, and your Honors will recall that during this period the defendant Geitner was Chief-of-Staff to the Military Commander in Serbia, the report states: "Local band activity, continuing desortions from Serbian State Guard. - Railroad lino Prokuplje - Kursumlija blown up. On the whole 47 hostages were shot, 144 members of Serbian State Guard deserted."
This report, as are all others in this series, is signed by the Commander-in-Chief Southeast who was also simultaneously Commander of Army Group F.
Next on page 19 of the English, page 12 of the German, is a daily report from the Commander-in-Chief Southeast to the Army General Staff, Operations Section in Berlin for 23 September 1943. Your Honors will note the receipt stamp dated 24 September 1943, one day after the report of the Army General Staff, Operations Section, and under the section of the report dealing with the XXII Mountain Corps, commanded by the defendant Lanz:
The final sentence, the words "special treatment in compliance with Fuehrer order" are stricken out in the original document and the words are clearly legible but there is a pencil line drawn through them. If your Honors will bear this particular incident in mind, the execution by troops subordinate to the XXII Mountain Corps under the commend of the defendant Lanz and General Gandin and his staff, later on in this same document book we will have occasion to see a report on the same incident by the XXII Mountain Corps to the Commander -in-Chief Southeast, in which the reference to the execution of General Gandin and his staff are not crossed out.
Thurning now to page 21 of the English , page 13 of the German daily report from the Commander-in-Chief Southeast for the 16th of September, 1943, under the section of the report dealing with the activities of the XXII Mountain Corps, Corfu is firmly in our hands except for the mopping up operation necessary in the Northern sector. Mopping up operation proceeding on the island of Ithaka (East of Cephalonia).
Enemy ammunition depot destroyed South of Korea, 50 bandits shot."
Page 23 of the English and 14 of the German, another report from the Commander-in-Chief Southeast to Army headquarters in Berlin, this time the report for the 27th of September, 1943, and again we are concerned with the activities of the XXII Mountain Corps as seen from the report, this particular corps being commanded at that time by the defendant Lanz.
"Cleaning up op rations as well as transporting Italians away from Corfu is proceeding. The Commandant of the island was shot."
And again we will have more to say later on on this particular event involving the execution of the Commandant of the Island of Corfu when we introduce a document later on in this document book which consists of the report of the XXII Army Corps to the Army Group E Headquarters.
Page 25 of the English, 15 of the German, daily report to the Commander -in-Chief Southeast for the 28th of September, 1943, under the section dealing with the XV Mountain Corps, the SS Division Prinz Eugen, Survey on Split:
"At Split 300 Italian officers and 9000 men of the "Bergamo" Division were made prisoners. Treatment in compliance with Fuehrer Order has been iniated."
Serbia:
Draja Mihajlovic bands active Southeastern Serbia. During our own operations 34 Draja Mihajlovic bandits were arrested, 280 suspected followers of Draja Mihajlovic were arrested.
10 Draja Mihajlovic followers shot in retaliation.
And your Honors will recall that in presenting the documents against the defendant Rendulic, we had occasion to introduce the report of the XV Mountain Corps to the Second Panzer Army relating to this particular incident. Continuing with the report of the Commander-in-Chief Southeast for the 28th of September, 1943, the portion of the report dealing with events in Serbia:
And those words too, if your Honors please, are lightly crossed out in pencil on the original document. This report is like all others signed the Commander-in-Chief Southeast, High Command Army Group F.
PRESIDING JUDGE BURKE: At this point, Mr. Fenstermacher, we will adjourn until tomorrow morning at half-past nine.
THE MARSHAL: The Tribunal will be in recess until nine-thirty o'clock tomorrow morning.
(The Tribunal adjourned until 0930 hours, 14 August 1947.)
Official Transcript of Military Tribunal V, Case VII in the matter of the United States of America, against Wilhelm List et al, defendants sitting at Nurnberg, Germany, on 14 August 1947, 0930, Justice Wennerstrum presiding.
THE MARSHAL: Persons in the Courtroom will please find their seats.
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, will you 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 with the exception of defendant Weichs who is absent due to illness.
THE PRESIDENT: There has been presented to me a certificate from one of the prison physicians, which I am handing to the Deputy Secretary General concerning the defendant Weichs.
proceedings will continue in the absence of the defendant. You may proceed.
MR. FENSTERMACHER: May it please the Tribunal, your Honors will recall in this document book 19 we are dealing with events in Greece during the period August 1943 to October 1944, and we are particularly concerned with the activities of the defendant Felmy as commander of the LXVIII Army Corps and the defendant Lanz as commander of the XXII Mountain Corps. Both of those corps were subordinate to Army Group E which was in turn subordinate to Army Group F, commanded at that time by defendant Weichs whose Chief of Staff was the defendant Foertsch.
Prior to the adjournment yesterday afternoon, we were considering document NOKW-1354, which is Exhibit 447 in evidence, being a series of daily reports from the Commander-in-chief Southeast to Higher Army Head quarters in Berlin.
We were on page 27 of the English, page 17 in the German on those reports. We were examining the daily report from the Commander-in-Chief Southeast for the 29th of September, 1943. Under that portion of the Commander-in-Chief Southeast's report dealing with Serbia, "During local operations 27 suspected followers of Draja Mihajlovic were arrested and 38 bandits captured with arms. 10 reprisal shootings."
This report, as are all others, is signed by the Commander-in-Chief Southeast, who was simultaneously Commander of Army Group F. That completes Exhibit No. 447.
We turn next to page 29 of tho English and page 18 of tho German, Document NOKW-811. This document, if your Honors please, has already been introduced into evidence as Exhibit No. 220, which is found in Document Book 9. At that time, we read certain portions of the document which related to an earlier period in time.
Now we should like to read in tho record that portion of the Exhibit which begins on page 31 of the English and page 27 of the German. The document consists of various entries in the War diary of the Commander in-Chief Southeast. The particular entry we are concerned with now is tho entry which relates to file notes and telephone conversation for the 19th of September, 1943.
DR. LATERNSER: Your Honor, tho prosecutor has just said that the document, comes from the Commander-in-Chief Southeast but the heading of the letter says "Wehrmacht Commander Southeast."
MR. FENSTERMACHER: I wonder if the Secretary General has the original document and can check that? Exhibit No. 220.
(The Secretary General did not have it.)
MR. FENSTERMACHER: It is true I think, as Dr. Laternser points out, that on page 29 of the English and page 18 of the German, the entries relate to excerpts from the War Diary of the Wehrmacht Commander South cast.