If your Honors please, we turn now to the early days of October in the Southeast, particularly Serbia. As Mr. Fenstermacher indicated this morning, we have seen the deceased Boehme placed as Plenipotentiary Commanding General in Serbia in addition to his duties with the XVIII the Corps at the request of the defendant List in September of 1941. The first document in Book III, which is at page one of that book, and also page one of the German is NOKW-192 which we offer as Exhibit 78.
This is a copy of an order by General Boehme which was issued on 4 October 1941 to the Chief of the Military Administration, the Commander of Serbia of 342nd Infantry Division and a Corps Signal Battalion.
DR. LATERNSER: Your honors, I object to the submission of this document because it is not signed.
Actually it is only a typewritten sheet of paper which has been photostated.
MR. DENNEY: Your Honors will see as we proceed with the presentation of this matter to show that this order was issued again. It is necessary to state that we only can photostat what we find. This is the only copy of this order which we were able to get. The further proof will show that the order was passed down.
THE PRESIDENT: The court is conscious of the fact that this apparently is a copy but as has been indicated in previous rulings it will be taken for such probative value as the court may deem it is entitled to and if it is connected with other matters then the court can give such additional consideration to it as the court may deem proper. Objection will be over-ruled.
MR. DENNEY: 21 Soldiers were tortured to death in a bestial manner on the 2nd of October in a surprise attack on units of the signal regiment between Belgrade and Obrenovac. As reprisal and retaliation 100 Serbian prisoners are to be shot at once for each murdered German soldier. The Chief of the Military Administration is requested to pick out 2100 inmates in the concentration camps Sabac in Belgrade (primarily JJews and Communists) and to fix place and time as well as burial place. The shooting details are to be formed from the 342nd Division (for the Sabac concentration camp) and from the 449th Corps Signal Battalion (for the Belgrade concentration camp). They are to be furnished by the chief of the military administration n through the Plenipotentiary Commanding General of Serb0ia.
The Chief of the Military Administration is requested to order the camp leaders to inform the prisoners of the reason for the shooting.
And, typed on the bottom is General of Infantry The German handwritten notes on the left reads only verbally ordered.
Returning to page 3 of the English document Book and page 2 of the German Document Book we have NOKW 1211 which we offer as Prosecu tion Exhibit 79 in evidence.
This, again, is a photostatic copy of an unsigned document and we are interested only in the part which appears under No. 3. It is a report from the Commanding General Plenipotentiary in Serbia to the Wehrmacht Commander Southeast dated 9 October 1941.
DR. LATERNSER: Your Honor, I must also protest against this document. This is another typewritten sheet of paper.
MR. DENNEY: What applies to this applies to the previous document and it can be connected up later even as will the one Exhibit No. 78.
THE PRESIDENT: The court understands that these documents and this document in particular is one of many which were obtained at the close of the war and is a document which was eventually found in the effects of the Army. It will be taken for what value the court may consider it as an unsigned document.
MR. DENNEY: Paragraph 3 which is all we are concerned with here states:
"Execution by shooting of about 2000 Communists and Jews in reprisal for 22 murdered of the Second Battalion of the 521st Army Signal Communication Regiment in progress."
Then turning to page 4 in the English Book and page 3 in the German Book we come to Document NOKW 497 which is offered as Prosecution Exhibit 80. If the Clerk would show this to the court I think Your Honors will be able to see the connection between this and the previous document. Excuse me, please, the Secretary-General. The first photostated page is dated 20 October 194l and is a communication from the Plenipotentiary Commanding General in Serbia to the Senior Signal Officer, Serbia, and is signed For the Plenipotentiary Commanding General in Serbia, the deceased Boehme, by Pemsel, Chief of the General Staff. The document refers to a report of the second battalion 521st Signal. The word "Battalion" is here; it should be "Regiment" and Your Honors will recall that in the previous document, No. 79) that unit is mentioned. The subject of the report is Reprisals for 22 fallen members of the 2nd Battalion, 521st Signal - and again that should be Regiment instead of Battalion "It is requested that a final report concerning the execution of the reprisal measures be presented:
That the 2nd Battalion, 521st Signal Regiment, be ordered to submit reports only through channels.
For the Plenipotentiary Commanding General in Serbia.
The Chief of the General Staff: (signed) Pemsel."
And, if Your Honors will note on the bottom there is a faint stamp indicating that it was received by the Military Commander Serbia and have entries for Diary Number and when they were entered in the Diary.
Then turning over to the second page this is part of the first page in the exhibit and just completes the bottom part below the stamp where it says, in the original.
(pencilled note) 21 October In the original To the Plenipotentiary Commanding General of Serbia Belgrad handed back after acknowledgment 17729.
9 and then there is another rubber stamp which says For the Plenipotentiary Commanding General in Serbia The Chief of the Administrative Staff and some handwritten initials which are illegible.
Then turning to the next page of the document, page 6 in the English, page 4 in the German, we see a report from a Major and Battalion Commander of the Second Battalion, 521st Signal Regiment. This is dated 15 October 1941, five days prior to the date contained on the previous document and is explanatory in part so far as that document is concerned. The subject of this communication from the Commanding officer of the Second Battalion of the 521st Signal Regiment is: Surprise attacks of Communist Bandits on Members of the Battalion, There is a big stamp on the right of the photostat which indicates that it was received by the XVIIIth Corps on the 15th of October; the 18th Corps was also commanded by Boehme who was also Plenipotentiary Commanding General in Serbia.
In addition, the distribution list 12th Army, the defendant List, the two positions held by Boehme are next listed, the Commander of Serbia, the IXVth Corps, and the Senior Signal Officers to whom the report of communication of 20 October signed for Boehme by his Chief of Staff was directed. This is a report from the Battalion Commander which recites an enclosure which we will come to in a moment.
The battalion represents as a supplement to the reports about Communist bandit surprise attack, a report concerning the shootings of Jews, which have been carried out.
Further shootings could not be carried out by the battalion, since an allocation of men was impossible on account of their being utilized for re-establishment of the telephone lines from Sabac to Loznica.
The Pongruber corps Signal Battalion was charged by Col. Wurster with the carrying out of further executions.
Then the supplement which is enclosed starts on the next page which is page 5 of the German and page 7 of the English. This is dated 13 October 1941 and is a report by a Lieutenant Liepe which is signed. He appears to have been the Lieutenant who was company Commander of the unit that carried out the executions. The report is headed:
Concerning the shooting of Jews on 9 and H October 1941.
1. Missign: On 8 October 1941, the shooting of 2,200 Jews, who were in the camp at Belgrade, was ordered.
2. Leadership and Partici- First Lieutenant Liepe and Comrades pation: of field units 26557 and 06175, of which two officers and twenty men were killed, 16 were missing, and three were wounded.
3. Medical Care and Oberarzt Dr. Gasser, field Unit 39107 Mission: and Corporal Bente, MD, of Unit 26557.
4. Transport and Vehicles: Transport and guard of the prisoners furnished by the participating units. Vehicles were allocated by the motor pool of the Belgrade administrative sub-area Has. The transport of the soldiers taking part was furnished by army trucks.
5. Place of Action: 9 October 1941 - forest about 12 km. east of Kobin. 11 October 1941 - in the vicinity of the Belgrade shooting range, on the road to Nis.
6. Security and Conceal- Took place in close agreement with the ment: security police in Belgrade and Pancevo.
7. Film and Pictures: "S" Propaganda Company.
8. Supervision: First Lieutenant Liepe, 2nd Lieutenant Vibrans, 2nd Lt. Luestraeten, SS-Oberscharfuehrer Enge, of the Security Police Belgrade.
"Execution" -- this id on page 7 of the German -- "after basic exploration of the place and preparation, the first shooting took place on 9 October 1941.
"The prisoners were picked up with their emergency baggage from the camp in Belgrade at 0530 hours. Through issuing of spades and other working tools a working party was simulated. Each truck was guarded only by three men so that from the strength of the guard no suspicion should arise concerning the true action.
"The transport took place without difficulties of any sort. The mood of the prisoners during the period of the transport and preparation was good. They were happy about the removal from the camp, since their accommodation there was allegedly not according to their desires. The prisoners were occupied eight km from the place of shooting and brought up later as required. The place was covered sufficiently as regards the preparation as well as the shooting. The shooting took place with rifles at a distance of 12 meters. Five shots were ordered for the shooting of each prisoner. In addition the doctor was allowed two shots which had to cause death by shots in the head according to instruction of the doctor.
"Articles of value and superfluous things were removed under supervision and were later sent to the Nazi People's Welfare and/ or the Security Police in Belgrade. The attitude of the prisoners at the shooting was calm. Two people tried to flee and were accordingly shot at once. Some expressed their feelings, in that they brought another hail to Stalin and Russia. 180 men were shot on 9 October 1941.
"The shooting was finished at 1830 hours. There were no special events worth mentioning. The units returned to their quarters satisfied. The second shooting could rot take place until 11 October 1941 on account of construction work on the Danube ferry. As a result of the construction work the next shooting had to take place in the vicinity of Belgrade. For this, exploration of a new place was necessary and demanded a double precaution.
"The next shooting took place on 11 October 1941 in the vicinity of the shooting range. It went according to plan. 269 men were shot. No prisoner escaped in either shooting and the unit had no special events and occurrences to report. A platoon of the unit of major Pon-gruber under command of 2nd Lt. Hau was employed for strengthening the security. Altogether 449 men were shot on the 9th and 11th of October 1941 by the units named. Unfortunately, an additional shooting by the units named had to be stopped on account of commitment and a transfer of the mission to the unit Pongruber resulted."
This is signed: "Liepe, 1st Lieutenant and Company Commander."
The report is thorough in it's detail. I should like to call your Honors' attention to the fact the the Army and the SS were participating in the supervision, as is shown on page 7 of the English, in the source of the persons to be executed in the concentration camps and it suggests that this ties back to Exhibit No. 78, the unsigned copy of the order of Boehme to the Chief of the Chief of the Military Administration dated 4 October.
The next document, on page 11 of the English and page 9 of the German, is NO-3156 which again is a report from the Chief of the Security Police and SD in Berlin. The portion of this document which we are using is very short and I would appreciate it if the Secretary General would pass the exhibit to the Court so that they may see the manner in which reports of this sort have been furnished to defense counsel.
THE PRESIDENT: Will you identify it by exhibit number?
MR. DENNEY: It is offered as Exhibit No. 81, if your Honors, please.
THE PRESIDENT: And the German page number?
MR. DENNEY: The German page number is No. 9. We are only using a very brief part of this document from pages 1 and 2.
This report is dated 9 October 1941 which is prior to the date of the report of Lieutenant Liepe and, of course, prior to the date of the letter of the Major commanding the 521st--or the 2nd Batallion of the 521st Signal Regiment and as such the details carried here cannot be as they were in those later documents because your Honors will recall that the executions took place, the first on the 9th, and the second on the 11th, of October; and they were in Serbia and this is from Berlin.
The report:
"Political Review. Foreign Countries. Serbia:
"The Chief of the Einstazgruppe of the Security Police and the SD in Belgrade reports. Mopping-up by the German Wehrmacht in the area of Sabac has resulted up to now in the arrest of 22,000 male persons. These are housed in a temporary camp and are at present being screened by a Detachment of the Security Police with the assistance of the Belgrade Police.
"In reprisal for the 21 German soldiers shot to death near Topola a few days ago 2,100 Jews and Gypsies are being executed. The execution is carried out by the German Wehrmacht. The task of the Security Police is merely to make available the required number. 805 Jews and Gypsies are taken from the camp in Sabac, the rest from the Jewish transit camp Belgrade.
"Collecting camps are installed by the German Wehrmacht in the Save river bend near Mitrovica for the persons arrested in the course of the mopping-up action by the Wehrmacht and also for other arrestees. This amp is being constructed by Organisation Todt. It will have an immediate capacity of 50,000 persons, and can be enlarged to hold 500,000 persons. The camp is constructed like the German concentration camps. The direction of the camp is in the hands of the Linsatzgruppe of the Security Police and of the SD."
Of course, at that time, on the 9th, when the executions were just taking place, the Linsatzgruppe --or, rather, the Security Police and the SD in Berlin -- had no way knowing the numbers who would actually be reported by Lieutenant Liepe in this later report.
The next document is 3404 which we offer as Exhibit 82 and this is the report of a day later to the Chief of the Security Police and the SD in Berlin, dated 20 October 1941.
This again is a substantial report but we are only using a few pages of it. It appears on page 11 in the German document book, page 13 in the English document book. It is offered as Exhibit 82 in evidence.
There first is a report on page 1 on the band situation and shows attacks against German units and installations, post and telegraph ofices, railroad stations and installations, etc., and then on the next page it tests the enemy losses and both in prisoners taken, people wounded and people killed.
The first entry on the top of page 14, which is page 12 in the German, recites the use of artillery for the first time by the insurgents. It also contains the note that the insurgents were well armed; and then comes a paragraph which has to do with compulsory recruitment by the insurgents in their area with which we are not concerned; and then at the bottom of the page appears No. "2) Arrests," and there is a recital for the period of this report, "101 persons were arrested mostly for Communistic activity; 12 of the persons arrested have already been convicted and shot to death. Investigations are under way to continue gathering information concerning the communist organisation. The assignment of a reliable interpreter guarantees supervision of the work of the Serbian Special Police (Communist Section). A special detachment has been assigned to the screening of the prisoner's camp in Sabac which had been organized by the Wehrmacht, Total number of prisoners approximately 22,000. Screened up to now, about 8,000; up to now 910 by the Wehrmacht.
"To prevent acts of sabotage a special detachment (Sonderkommando) has been assigned to the Engineer Battalion stationed at the Iron Bridge;" and I don't think we need to read the next four paragraphs.
At the bottom of the page they recite: "420 foreigners screened in Belgrade," and then that two German soldiers had been attached in Belgrade, both of them heavily wounded end as a reprisal measure there were killed a total of 200 Communists and Jews shot to death; and then they again refer to the matter which we have under discussion, the 2100 reprisal killings:
"In reprisal for 21 dead German Wehrmacht Soldiers, 2100 Jews from the Jewish Camp were made available for execution by order of Corps Headquarters 18."
If your Honors, please, as the decreased is Boehme and it is submitted that the copy of the order which is offered as Exhibit 78 which directs in its terms that the Chief of the Military Administration through the Plenitentiary Commanding General -- excuse me -that the shooting details will be formed and that they are to be furnished by the Chief of the Military Administration through the Plenitentiary Commanding General of Serbia. This refers back to Corps Headquarters 18 which is the same as the Plenitentiary Commanding General of Serbia so far as the persons occupying the positions are concerned.
"The Wehrmacht is carrying out the execution. The seizure of all male Jews in Belgrade and their transfer to a camp completed. Preparations for the Belgrade Jewish Ghettos are completed. After the liquidation of all remaining male Jews as already ordered by Commander Serbia, the Ghetto will receive about ten thousand Jewish women and children."
And then there is a recital that "Arrests prevented the intended flight of a group of 12 wealthy Jews, a great number of valuables and considerable amounts of money were secured. The intermediary who had procured forged Croatian papers for 86,000 Dinars was also arrested. The escape was to be made by Wehrmacht trucks."
Then there is one note at the bottom of page 16, on page 14 of the German, with reference to Greece. "Armed found in the area of Seloniki. Three Greeks shot to death, 12 houses burned."
Next we have the report of 21 October 1941 again from Berlin; Chief of the Security Police and the SD, and with reference again to Serbia.
"The Chief of the Operational Group (EINSATZGRUPPE) of the Security Police and SD in Belgrade reports:" This is document NOKW 3482and is offered as Exhibit 82. That appears in the English text on page 18 and page 15 in the German.
"The report of the Chief of the Operational Group of the Security Police and S.D. b) Special Events:
"On 14 October 1941 the Insurgent attack on the town of Kraljevo commenced and; with brief interruptions, continued for almost 3 days. For the first time, the Insurgents also employed artillery in the fighting for the town, and on 17 October, for instance, the town received over 100 artillery shells."
I would direct Your Honor's attention to the name of this town, Kraljevo, because there are separate reprisal killings that are intertwined through the next separate documents and this Kraljevo one will appear shortly and I would just like to call Your Honor's attention to that name at this time.
Then under the title "Own Activities" -- that is the activities of the Einsatzgruppe -
Special Events:
After ruthless action by the troops was bound to fail up to the time of the employment of the Plenipotentiary Commanding General in Serbia because of the lack of corresponding clear orders, Lt. General Boehme's order, according to which 100 Serbs will be executed for every soldier killed and 50 for every soldier wounded, has established a completely clear-cut line for action. On the strength of this order, for instance, 2200 Serbs and Jews were shot in reply to an attack on a convoy near Topola, during which 22 members of the Wehrmacht perished, while in return for the soldiers killed in the fighting for Kraljevo so far 1736 inhabitants and 19 Communist women from Kraljevo have been executed.
If Your Honors will total the figures 1736 and 19, it will be seen that it comes to the figure 1755 which figure we shall find in somewhat later reports, but I would just like to call Your Honors' attention to that figure in connection with the town of Kraljevo, and again, above, there is the recital of the 2200 Serbs and Jews shot near Topola.
"However, it still appears necessary finally to open the eyes of the Serbian people, through corresponding propaganda, to the unpredictable consequences which will result from the ruthless execution of this order.
"It has also been shown again during the week covered in the report that for the speedy and complete suppression of the insurrection the combat troops available are not yet sufficient. Terrain difficulties which arise everywhere require the continual employment of major units if a lasting success is to be obtained, since the insurgents only rarely give battle and total destruction is always possible only through complete encirclement. This fact is also recognized by com petent military authorities, and it can be expected that additional troops will soon be employed in Serbia.
Summing up, it can be said that the slight improvement in the entire situation which occurred during the week covered in the report must in no way lead to exaggerated optimism. Until now it has only been possible to destroy small bands, while the large bands in part already completely organized on military lines, are still in the terrain. Only after dispersing and completely destroying them may a decisive improvement in the situation be expected.
Then the last entry, a note with reference to Greece on page 18 of the German and page 21 of the English, still reading from Exhibit No. 83, the report from the Einsatzgruppe to Berlin and released by Berlin on 21 October, 1941? "Greece: At the Strymon Estuary 2 villages were burned down which were found guilty of having supported bands. All male inhabitants (202) were shot. In course of the fire, ammunition, partly also explosive charges, blew up in every house."
Then turning to page 22 in the English, page 19 in the German, Document N0KW-560, which is offered as prosecution's exhibit 84 in the evidence, this is an order of General Boehme of 19 October and I would appreciate the Secretary General handing it to the Tribunal because this copy is signed by his chief of staff in order that they might see the signature on the photostat.
I would also direct Your Honors' attention to the material just below the heavy line which was typed under the words "In Serbia" in the upper left-hand corner where it says ABT. Qu. NR and then the number NO 301/14--that is the order number which is given and we will have occasion at a later time to refer back to this number and if Your Honors will note on the photostat it appears that the "O" was written in. Apparently it was originally mistyped. The "1" may still be seen under the "O" and to the left of the final "1" before the slash. This is from the Plenipotentiary Commanding General in Serbia by his chief of staff to the LXV Corps, the Belgrade Guard Regiment, and for the information of the Commander Serbia.
It recites the order above named which appears under reference 2848/41. "In execution of the order named in above reference, 2200 arrested Serbs will be shot for 10 killed and 24 wounded German soldiers (members of the troop units beseiged in Valjevo)."
This is still another order with reference to reprisal killings. We have had the one from Belgrade with reference to the concentration camp inmates, Belgrade and Sabac. We have had reference to Kraljevo and now we see for the first time the term Valjevo and if Your Honors will see that the number 2200, it is submitted, is computed on the 100 to one and 50 to one ratio. A hundred to one for the ten killed would be 1,000 and fifty to one for the 24 wounded would be 1200 and that adds up to 2200, the number which is indicated in the order.
"The execution of 1600 arrestees is to be carried out by the Belgrade Guard Regiment. The date and place of executions, the picking up and/or delivery of those arrested, as well as more exact details are to be agreed upon directly with the Pleni. CG in Serbia (Commander Serbia - Admin. Staff). Report of completion to Pleni. CG in Serbia."
That, of course, is Boehme. And it is signed for him by his chief of staff Pemsel.
On page 20 of the German and page 23 of the English, we come to Document N0KW 1362, which is offered as prosecution's exhibit 85 in evidence. This is a part from the war diary of the LXV Corps which was commanded by General Bader which was in Serbia and which by the order of Field Marshall List in September of 1941 was subordinated to the Plenipotentiary Commanding General in Serbia, General Boehme, who was sent there by Field Marshall List, and Boehme of course was under List. The Court might be interested in seeing the cover page of this war diary. I would request that the Secretary General hand it to them because in the writing itself it shows the chief to which this Corps Commander looked.
For the dates on the second line or the third up from the bottom-the dates June 10, 1941 to 20, 1941, they were under the Second Army, Armeeoberkommando II and then from 21 June 1941 until 19-9-41 they were under Armeeoberkommando 12. 19-9 means September 19. Then from the 20th of September until the third of March, 1942, they were under the Plenipotentiary Commanding General for Serbia.
MR. DENNEY: And there is a note below which shows that General Boehme held this position until the 3rd of December 1941, and also that he had the 18th Army Corps. The initials out to the right following the Roman numerals XVIII, and then below that, that Bader took over as Plenipotentiary Commanding General in Serbia on the 4th of December 1941 and remained so until the 3rd of March 1942. The excerpts with which we are here concerned begin with the 17th of October 1941, and therefore place the Corps under the Plenipotentiary Commanding General in Serbia Became. There is a note for 17 October, "From the Plenipotentiary Commanding General in Serbia: Arrest of all relatives of Insurgents." Then, on the 18th of October there is a report from the 717th Infantry Division, a division which is part of the LXV Corps, "In return for losses incurred on 15 October so far 1736 men and 19 Communist women shot." Now, we referred in the earlier document, that is the report from the Chief of Security Police and SD, which was exhibit 83, Page 16 in the German and Page 19 in the English, to the numbers 1736 inhabitants and 19 Communist women, which recites Kraljevo, and it is submitted that these numbers, with the date, it being a report from the Einsatz Gruppe for a week, as is shown in the text of the report, and that the report must have been submitted on the 20th October, and that this establishes this as being Kraljevo. Then, on the 19th there is a report from the 717th Infantry Division, which again is part of the LXV Corps, which indicates that the "IIIrd Battalion 749th Regiment returned to Kragujevac with 133 hostages." Now, I would like to direct Your Honors' attention to this name Kragujevac. We now have Kraljevo, Valjevo, and Kragujevac. It then recites that "D. Milanovac was burned down." And then there is a note to the 718th Infantry Division from the Plenipotentiary Commanding General in Serbia, "Retaliation measures ordered for Serbia are not compulsory for Croatia: forwarded to the 718th Infantry Division." And then a directive to the 704th and the 718th, two divisions, both part of the LXV Corps, "Teletype: Divisions report the number of arrested and shot for the period 11 - 19 October 1941."
Now, you will note that there three divisions in this corps, and we have the report on an earlier page for the 717th Division; therefore, this present report, an order to report deaths for the period 11 to 19 October, is not made to the 717th, but only to the 704th and 718th. And then we have had the reference in the Boehme report to the 1600 arrestees who were to be executed by the Belgrade guard regiment, in Document NOKW-560, Page 19 of the German and Page 22 of the English, which is Exhibit No. 84 in evidence. And now in this report of the LXV Corps, Document No. NOKW-1326, Exhibit 85, we see a report from the Plenipotentiary Commanding General in Serbia to the Corps, ordering, "Retaliation measures, 1600 from Valjevo to be shot by 734th Infantry Regiment in return for 16 killed and 24 wounded." Then, dropping down to the entry of the 28 of October 1941, the Corps Diary recites that they received, "From the Plenipotentiary Commanding General in Serbia through LXV Corps Command to 704th Division, 718th Division, 220th Anti-Tank Battalion, and Guard Regiment, Registration No. 1026-41 secret. Arrest and shooting of hostages has to be carried out according to plan and according the point of view."
And then there is the handwritten note which appears below that, "The order to shoot hostages, No. 926/41 secret, paragraph 3, is materially curtailed through the directive by the Plenipotentiary Commanding General in Serbia." This is under date of October 28th. We will have an occasion to refer to that at a later time. On October 29, still in the same Exhibit 85, Page 21 of the German and Page 26 of the English, a report from the "220th Anti-Tank Battalion the LXV Corps Command to be forwarded to XVIIIth Infantry Corps: 50 hostages shot in retaliation for one wounded." And then again the XVIIIth Infantry Corps and the Plenipotentiary Commanding General Serbia are the same people. And then there is a recital that the 714th Infantry Division through the LXV Corps Command to the XVIII Infantry Corps, "Division requests reconnaissance plane and dive-bomber support for attack on band camp 500 men strong in the vicinity of Neresnica (30 km Southwest of Vr. Milanovac)."
And then 30 October "Enemy Artillery firing at a water tower and a school in Kraljevo." And then a report, "From a Guard Regiment 734 to LXV Corps Command, registration No. 1048/secret: Retaliation measures: Guard Regiment reports 101 persons shot. From Plenipotentiary General in Serbia to Corps Command. Wehrmacht Commander Southeast agrees with plans of Plenipotentiary Commanding General about employment of troops. The Organization of units subordinate to LXVth Corps Command can be carried out." And then, "From 610th Administrative Sub Area HQs to Corps Plenipotentiary Commanding General in Serbia: Report on Retaliations at Kragujevac." And then a directive to the 704th and the 717th to report, and this bears out the earlier contention, because here they now ask the 717th to report from the 20th to the 31st, which, if Your Honors recall, they did not ask them to report for the period up to the 20th, because it was submitted that they had already sent their report. And this explains the failure to include the 717th at that time. Now the note at the bottom of the page, which is Page 27 of the English and Page 22 in the German, the "LXV Corps Command to Plenipotentiary Commanding General in Serbia. An apparently expedient proposal by the 704th Infantry Division, concerning the question of hostages is presented to the Plenipotentiary Commanding General in Serbia. In this it is suggested to detain arrested hostages from all sections of the population, only for a certain time, so that as large a section of the population as possible will be seized." Here we see a suggestion going up from a division commander through Corps to the Plenipotentiary Commanding General in Serbia, with reference to changing the procedure so far as the time the hostages are being held is concerned. I don't believe we need to take any more of that order.
THE PRESIDENT: Well, just a minute. If I may interrupt, Mr. Denney, perhaps this would be an opportune time and place to adjourn. May I inquire of Dr. Laternser, representing the defense counsel, whether the arrangement for a noon lunch has worked out satisfactorily?
