"LXV Corps Command: The Peoples' Liberation Group of Jova Kursula on 7 Oct Demands (the following) of the local Kraljevo Garrison Commander: 1.) Cessation of arrests. 2.) Cessation of burning down Serbian property. 3.) 1,800,000 dinar as replacement for damages. 4.) Release of all people under arrest. 5.) Recognition of all rights as a unit engaged in warfare. Non-fulfillment will bring about the shooting to death of 8 captured German soldiers.
Kraljevo - The entry for 20 Oct. 4th Company, 749th Regiment repulsed a 20-man strong band during the night. 1st Battalion, 749th Regiment shot to death suspect, arrested deserter. Enemy artillery fires on city area during the day. Own losses: one dead, two wounded. Up to now, 522 shootings to death, about 3,000 arrested. 22 Oct shootings to death up to now total 2300."
At the bottom of the page, the entry of the 21st of October:
"To Kraljevo: About 40 Ljotic followers, mostly confidential agents, shot to death as hostages, despite protests by the Wehrmacht Liaison Staff."
Continuing on page 130 of the English, page 79 of the German, middle of the page:
Kraljevo 1 Nov. Counter Intelligence Office: Panzer attack 1 Nov with two Hotchkiss-Panzers captured at Milanovac. Anti-tank fire without result; we were able to penetrate deep into the city. Panzers accompanied by 50 Mihailovic men."
"Kraljevo from the Mataruska-Banja and Musina Reka. A captured partisan states that the conflict which had broken out between partisans and Cetniks has assumed an active nature. Uzice and Pozega are alleged to be purged of Partisans by the Cetniks, 500 Partisans disarmed and several partisan leaders murdered. Vukasinovic is said to have available merely 300 men and Dragosinjici (8 kilometers Southeast Kraljevo), 300 in Metikose (6 kms. Southeast of Kraljevo), 50 men in Kamenica. Major Koserovic is said to be supporting Vukasinovic with 40 men, the larger part of the former Vukasinovic group is said to have deserted to Gordic, Chetnik-Vojvode of Trstenik.
Bor 28 Oct. The Chief of the Administration Staff intends a surprise arrest of 700 representatives of the Belgrade Intellectuals, as hostages on 4 Nov 41 early in particular Free-Masons. A statement which has been approved by the Commanding General pertaining to it will be made public by press and radio on 4 Nov. 41."
Finally, on page 131 of the English and 79 of the German, the entry of 49 November:
"Enemy losses: 10 dead, 23 prisoners (of which 20 were shot to death, 3 notorious Communists taken to Sabac) 17 Cetniks surrendered. No losses of our own."
Finally, the entry of 27 November:
"Valjevo - 342nd Infantry Division: North Group opened advance march road near Voliki (5 south of Jaljevo). Heavy road block on cliff of 300 meters length with tank trap, dynamited road and falling rocks. The first time that a road block was defended by the enemy. Enemy repulsed, still unknown whether Communists or Cetniks. Own losses: 2 dead, 6 wounded. Enemy losses: still unknown. 265 Communists shot to death today as reprisal measure."
Finally, Document in Book 4, is on page 132 of the English, Page 80 of the German, Document NOKW 1157 which is offered as Prosecution Exhibit 124. This is a series of reports of the Plenipotentiary Commanding General in Serbia, General Boehme, to the armed forces Commander Southeast, which, for the period of time which these reports cover was Field Marshal List, and later General Kuntze.
The first report is dated 21 September 1941. In paragraph 4: "Numberous members of bands around Kucevo in uniform of Serbian Gendarmarie. 5: Line Cacak - Uzice cut. 12 Communists hanged for attempt on railway lines."
Next, on page 134 of the English and page 81 of the German, Report for the 24 September 1941,"Recovery of respect for the German Armed Forces through ruthless measures against the main insurrectionist area in the Sava river bend. Creation of an intimidating example. Further concentration of forces to reinforce protection of main arteries of traffic, from Belgrade and from Bor. Committment of booty armored cars.
"50 partisans in Gendarmerie uniforms under the command of a Gendarmerie 1st Lieutenant in the attack on Gradiste 20 Sept. confirmed."
Next the report of the 27 September, 1941, page 135 of the English, 81 of the German: "Arrested 4410 men during mopping up operations in Sabac. 125th Infantry Regiment mops up surroundings of Valjevo.
"Own losses: At Krusevac in Greece 24 dead, 16 wounded, besides 2 dead, 1 wounded and 1 missing. Enemy losses: 24 dead, 6 shot to death (Sabac) 1 prisoner."
Next the report of the 23 September 1941, page 136 of the English, page 82 of the German, paragraph 6:
"Own losses: 3 dead, 2 wounded; 1 tank sunk on bridge; 1 tank ran on mine (1 slightly wounded). Enemy: 177 shot to death (Sabac)" I think that we can skip some of these reports, if your Honors please, and turn to page 139 of the English, page 84 of the German, to Report of the 1 October 1941, paragraph 6: "3800 prisoners (342nd Infantry Division) Own Losses:
10 wounded. Enemy Losses: 69 dead, 358 shot to death, 32 wounded."
Turning next to Page 142 of the English, page 86 of the German, the report of 7 October 1941, from the Plenipotentiary Commanding General in Serbia to the Wehrmacht Commander Southeast:
"Attempts of insurrectionists to cross the Danube at Dubovac and Korvin into the Banat. German Nationals employed for defense. At Basaid (18 kilometers north of Petrovgrad) 11 Communists hanged. Enemy Losses: 115 dead, 41 wounded. In addition to that 43, among them an armed woman shot to death; 38, among these leader, made prisoners (125th Infantry Regiment)."
Next, page 143 of the English, page 87 of the German, is the report of the 3 October, which General Boehme transmitted to Field Marshal List:
"It is intended to transfer back the Administrative Sub-area Headquarters 816 and the District Headquarters 838 from Kragujevac to Topola. Shooting to death of about 2000 Communists and Jews as reprisal for the murder of 22 of the 2nd Army Communications Section 321 is underway."
THE PRESIDENT: The Tribunal will adjourn at this time until 9:30 tomorrow morning.
(The Tribunal adjourned until 0930 hours, 22 July, 1947).
Official Transcript of the American Military Tribunal in the matter of the United States of America, against Wilhelm List, et al, defendants, sitting at Nurnberg, Germany, on 22 July 1947, 0930-0945, Justice Carter, presiding.
THE MARSHAL: Persons in the Court room will please find their seats.
The Honorable, the Judges of Military Tribunal 5.
Military Tribunal 5 is now in session. God save the United States of America and this honorable Tribunal.
There will be order in the Court.
THE PRESIDENT: Has the Marshal ascertained that all the defendants are present?
MARSHAL: May it please your Honors, all defendants are present in the court room.
JUDGE WENNERSTRUM: I have asked my associate Judge Edward Carter to preside during this day's session. You may proceed.
MR. FENSTERMACHER: Your Honors please, you will recall that yesterday afternoon we were concerned largely with Document Book IV which contains a series of reports from various subordinate units to higher headquarters. The material in the reports is of importance, because of the references to the nature, size, organization and insignia worn by the enemy against whom the Germans were fighting, as well as the German treatment of captured members of the enemy military organizations and the German treatment of the civilian population. At the time of the adjournment we were on Document NOKW-1157 which is Prosecution Exhibit 124. I would like next to have you turn to the report of the Plenipotentiary Commanding General in Serbia to the Wehrmacht Commander Southeast, dated 9 October 1941 which is on page 144 of the English and page 87 of the German. The subject of this report is a 10 day report to the Wehrmacht Commander Southeast from General Boehme as Plenipotentiary Commanding General in Serbia:
Political Situation:
No change has taken place in the political situation, except for the reorganization of the government. Details can be ascertained from the re port of the Administration Staff at the Commander Serbia.
Increase of attempts by insurgents in the Banat and in Southern Serbia, south of Nish and near Kos. Mitrovica. In the Banat numerous reprisal measures were carried out. The Administration in the whole country continued to be paralyzed except for Belgrade, the surroundings of Nish and the Banat.
Own Troops:
Mopping up operations in the Macva by the 342nd Infantry Division have been completed. Many places burned down. Enemy has about 90 dead, 1130 shot dead, 21,500 arrested, only few arms as booty. Own losses: 3 dead, 26 wounded. In attack on Lesnica on 6 October 41 enemy resisted for the first time, considerable losses.
Mopping up operations conducted by the 125th Infantry Regiment in the area of Karaula (height 302) - Divci - Lazarevac - Lisonolje. Only smaller bands are found and captured in parts by encirclement. The enemy bands were supported in many cases by the population, 43 partisans among them an armed women were shot to death. Own losses: 2 dead and 7 wounded.
In retaliation for the capture of an LS. Company in Grn. Milanovac parts of the 714th and 717th Infantry Division (about a reinforced Battalion) made attacks from Topola on Rudnik and from Kragujevac on Grn. Milanovac. The enemy resisted east of Grn. Milanovac and near Budnik after a short skirmish east of Grn. Milanovac. The group Kragujevac broke through into the back of the enemy standing near Budnik, however, without being able to prevent the enemy from withdrawing into the mountains. From Grn. Milanovac 190 hostages were taken along.
Next to the report of the 10 October 1941, Page 146 of the English, Page 88 of the German. Only the sixth paragraph is relevant to the matters charged in the indictment:
"Total losses: Own 4 dead, 10 wounded.
Enemy: 75 dead, 6 wounded, 73 shot to death."
Next, the report of 11 November 1941, Page 147 of the English, Page 89 of the German:
"125th Infantry Regiment has completed mopping up of surroundings of Ub on 10 October.
A band of approximately 50 men managed to escape. 4 insurgents shot to death."
I think we can skip the report of 16 October 1941 and turn to the report of the 20 October 1941 which is on page 149 of the English and page 90 of the German. Again, the extracts which we have had translated are from a ten day report, from the Plenipotentiary Commanding General in Serbia to the Wehrmacht Commander Southeast. Paragraph 3:
"3.) Own troops:
125th Infantry Regiment carried out several operations in the surroundings of Ub and Obrenovac. The road and railway line Belgrade Valjevo were put in order again. The line is again operating.
26 of the enemy fell in combat. 272 hostages were shot to death, 24 were arrested.
749th Infantry Regiment 3rd Battalion carried out reprisal measures against Milanovac. From 14 to 18 October the Battalion fought in several skirmisches before numerous blockades fighting its way from Kragujevac to Grn. Milanovac and back. Grn. Milanovac was destroyed, 133 hostages taken."
"7.) Total arrested:
Arrested by 342nd Infantry Division up to present 22,658 Of these dismissed 5,004 Shot to death 1,968 Died 2 Remainder 15,684 Investigations still in progress.
1,041 hostages shot in Belgrade up to now."
Next, report of 23 October 1941, page 150 of the English, Page 91 of the German:
"704th Infantry Division: Reprisal measures for 1 wounded; 50 shot to death."
Under the 125th Infantry Regiment on Page 151 of the English, Page 51 of the German:
"125th Infantry Regiment: dispersed band around about Arnajevo, 10 insurgents dead, in Barajevo 15 shot to death, 5 farms destroyed."
Then the report of 28 October 1941, same page of the English, Page 92 of the German:
"342nd Infantry Division: 3rd Battalion, 697th Regiment:
57 civilian prisoners shot in flight."
Next, the report of the 29 October 1941, page 152 of the English, Page 92 of the German.
"Belgrade: 250 gypsies arrested."
Under paragraph 3, the final two lines:
"Enemy: 26 dead, 76 shot to death, several wounded, 10 prisoners taken.
"Own: 3 wounded (among these 1 officer)."
Next the report of 30 October 1941, page 152 of the English, Page 92 of the German. Subject: 10 day report:
"704th Infantry Division: Cooperated with small units in the cleaning up of the area directly east of Valjevo and in the reconstruction of the road Osecina - Valjevo. As reprisal measures for 1 wounded German soldier 50 Communists were shot to death.
Total arrests: 3853 727 dismissed from camp Sabac after examination by 64th Police Reserve Battalion.
Shootings:
405 hostages in Belgrade (total up to now in Belgrade 4750).
90 Communists in camp Sabac 2300 hostages in Kragujevac 1700 hostages in Kraljevo Total number of inmates in camp Sabac (on 25 October) 16,445.
Turning next to the report of the 1st of November, from the Plenipotentiary Commanding General in Serbia to the Wehrmacht Commander Southwest, on page 155 of the English page 94 of the German. Paragraph 2a: "For the first time enemy tanks appeared near Kraljevo" Then under paragraph "b", the last two lines: "Belgrade: 7 Communists arrested. Order given to shoot to death 200 hostages (reprisal). Paragraph 3a. 342nd Infantry Division: In surroundings of Valjevo several skirmishes. Enemy: 39 fallen in combat, 125 shot to death. Own losses: 3 wounded."
Next on page 156 of the English, page 94 of the German, the report of the 2nd of November 1941. Paragraph 3a: "3rd Battalion, 697th Regiment: 31 October, cleaning up operation to Vladimirci (18 kilometers southeast of Sabac) and Belotic (20 Kilometers south of Sabac) - of enemy, 30 dead, 150 prisoners. 1 November, pushed back surprise attack on Jadar bridge near Lesnica (14 Kilometers northwest of Loznica) Own losses: 1 wounded. Near Loznica 20 shot dead, 13 Cetniks taken prisoner."
Next the report of 5th of November 1941, page 157 of the English, page 95 of the German. "Arrest of 169 hostages from the Intelligentsia in Belgrade." Next the report of 10th of November 1941, which begins on the bottom of 157 of the English and 95 of the German. Page 158 of the English, 95 of the German, paragraph 3a, under 342nd Infantry Division: "3rd Battalion, 677th Regiment: Arrived in the new area Lesnica (15 kilometers northwest of Losnica) no contact with enemy. 130 hostages shot as measures of reprisal."
Next the report of 10th of November 1941, page 158 of the English, page 96 of the German, under political situation. "During the time from 31 October to 9 November, 35 additional Communists arrested in Belgrade, 1 Communist leader in Obrenovac, 2 in Batocina (20 kilometers northeast of Kragujevac) shot to death." Under "Own troops, 342nd Infantry Division: 3rd Battalion, 697th Infantry Regiment: Inflicted upon the enemy 30 dead during independent cleaning-up operation south east of Sabac on 31 October and during reconnaissance advance attacks as far as south of Losnica.
180 prisoners taken. The Battalion since the termination of the operation of the 342nd Infantry Division again directly subordinated to the General Commando 18 (at present in Lesnica)-- will be transferred in the next days to Lesnica to protect the Antimon mines in Zajacar. While combing through the area between Sabac and Lesnica 130 prisoners were shot as reprisal measure on 10 November." The report continues under the 717th Infantry Division, finally in paragraph 5, Administration and Economy. Turning to page 160 of the English, and 97 of the German: "In order to increase the production of the mine Kostolac, the General Plenipotentiary for Economy in Serbia assigned 300 men from the concentration camp Sabac as laborers. Orders were given to the troops to increase the security measures and to cooperate with the pioneers in surveying the work. An increase in production is absolutely necessary because of the increased needs of the Belgrad electricity works conditioned by the season."
Then under paragraph 7: "Arrests. In the future the reports about shootings, arrests, and measures of reprisal are to be handed in according to the enclosed from (enclosure). Partisans killed in combat: 758; shot as hostages: 506; arrested as hostages: 895 (of these 169 in Belgrade); captured in combat: 461. A summary report on the numbers up to now will be submitted for the time up to 15 November after the reports of 19 November are available."
Next the report of the 11th of November 1941, page 161 of the English, page 97 of the German. Under 342nd Infantry Division: "Arrived in billets. 129 hostages shot as measures of reprisal." Next, turning to the report of the 19th of November 1941, at the bottom of 162 of the English, page 98 of the German, under 342nd Infantry Division: "Brigadier General Hoffmann has taken over command of the Division. 3rd Battalion, 697th Regiment: Liaison established with parts of the 718th Infantry Division in Zvornik, near Radalja (4 kilometers northwest Zvornik), 23 Communists, 17 Cetniks taken prisoners. Shirmish 5 kilometers east of Loznica.
Enemy 10 dead, 20 Communists shot to death as reprisal."
Next the report of the 20th of November 1941, page 163 of the English, page 99 of the German, under "Own troops. 342nd Infantry Division: In small local operations in vicinity of billeting area. The enemy lost 147 dead (129 thereof were shot as a retaliatory measure), 7 prisoners, 3 rifles, 2 horses were captured." The report continues on page 164 of the English, page 99 of the German, at the top of the page: "Of the enemy, 17 fell in combat, 130 were shot to death, 207 followers of Mihajlovic were disarmed and taken as prisoners to the Sabac concentration camp." Continuing under the 714th Infantry Division: "Parts of the 714th Infantry Division: "Parts of the 714th Infantry Division carried out 7 operations in the vicinity of quartering area, the enemy lost 3 dead, 33 prisoners. Six were shot to death." Under Paragraph 5, Administration and Economy: "300 men arrived from the Sabac concentration camp we work in the Senjaki Rudnik coal mine and 300 men to work in the Lignite mines Kostaolac and Klenovnic." Under Paragraph 7, Arrests: "Reports about shootings, etc., in compliance with prescribed form have not yet arrived at time of writing report. Partisans killed in combat: 513; shot as hostages: (total) 305; arrested as hostages: 239; captured in Combat: 814. 12 English PW's in PW hospital Belgrade will be transported to the Reich on 20 November."
The report of the 21st of November 1941, page 165 of the English, page 100 of the German. "33 Communists arrested in Belgrade, among them 4 officials and 56 suspicious persons. 8 Communists hanged for attempt to escape from Sabac concentration camp."
Turning next to the report of the 26th of November, page 166 of the English, page 101 of the German, under "Serbian Auxiliary Police: Attack on Gen. Milanovac unsuccessful, Communists hold 45 positions. 500 Prisoners from Rudnik shot to death by Gendarmerie. Paragraph 5. At 717th Infantry Division 4 Communists shot after court martial.
Next the portion of the 10-day-report, dated 30 November 1941, on page 168 of the English, page 102 of the German. Paragraph 2: "The enemy. Area south of the Danube: Mopping-up operations conducted by several Serbian Auxilliary Police Detachments in the area Pozarevac Petrovac - Rabrovo - Gradiste terminated on 22 November; 239 Communists were shot to death, 300 captured. With the shooting of teacher Veliko Pugosevic of Turija and of Professor Milanovic as well as the arrest of the partisan leader Pleskovic of Kucajna the driving forces of the partisans of this area having been removed. It may be assumed with certainty that in the area south of the Danube only small troops of bandits exist."
Under paragraph 7: "Enemy losses: Insurrectionists shot in combat: 847; shot as hostages (total) 534 (500 of these by Serbian Auxilliary Police); arrested as hostages: 376; taken prisoner in combat: 809; further surrendered: 300 Communists."
Next the report of the 5th of December 1941, on page 170 of the English, page 103 of the German. Under 113th Infantry Division: "47 insurgents, disarmed by Cetniks in the mountains near Guca, shot to death after interrogation. A total of 11 insurgents, who had returned to their villages, arrested." And this report, as are all the others, was signed by the Plenipotentiary Commanding General in Serbia, who, at that time, was General Franz Boehme.
If your Honors please, this completes the presentation of documents in Document Book 4. Mr. Denney will introduce the documents in Document Book 5.
MR. DENNEY: At this time we hand to the Court the list of documents in Book III. I would ask that the Court refrain from marking it at this time because we have three more documents that we want to put in at the end of that book and we will furnish an extra page to be added to this, either today or tomorrow morning.
These are 24 copies for defense counsel, 1 copy for the Secretary General and 1 for the Court reporters and 1 for the interpreters.
The first document which we would like to insert at the end of Book III is NOKW-1711 and, if it's agreeable with your Honors, we will use letters after the numbers so that they will keep in order and, in view of the fact that we have used "a" for identification before, perhaps it would be better if we start with "b" on these and keep "a" out of exhibit identification, if that is agreeable with you.
JUDGE CARTER: That's agreeable with us.
MR. DENNEY: Thank you, Sir. In the English this contains--the Court has three copies in English, the Secretary General has the photostat of the original, the German counsel have eleven copies -- the defense counsel have 11 copies in German -- and the court reporters and translators have an English and a German copy.
This will become, if your Honors please--the first page will be 163, the second page 164 and the third page 165; and it is offered as Exhibit 14b in evidence.
Dr. Laternser, perhaps you can tell me what the German pages would be. It's in the book and it goes at the end, just after Exhibit 114, which is NOKW-1662.
DR. LATERNSER: That will be page 111 in the German.
MR. DENNEY: This will be 111?
111, 112 and 113 in the German, if your Honors please.
This is a communication dated 17 January 1942 and bears the stamp of that date and is from the 718th Infantry Division to the 342nd Infantry Division.
I don't think we need to comment on the first page. However, the second page, which is a communication from the 342nd Infantry Division to the 718th Infantry, dated 21 January 42 recites an order of the Plenipotentiary Commanding General in Serbia, Order No. 21:
"Armed enemy is to be shot. Armed enemy surrendering is to be treated as Prisoner of War. Inhabitants in whose homes arms are found and who do not participate in the fighting are to be arrested and treated as Prisoners of War."
And the attention of the Court is directed to the date "21 January 1942."
It has just been called to my attention that I omitted to read the last paragraph on the first page:
"So far six captured Cetniks shot, further enemy looses will be reported later."
Next we have NOKW-1066 which is a teletype from the 65th Corps, dated 19 September 1941 and this is offered as prosecution's Exhibit 114c in evidence. It is Document NOKW-1666 and the original is handed to the Secretary General, three copies for your Honors, a copy in English and German for the translators and reporters, and eleven copies for defense counsel to Dr. Laternser, please; and in Document Book III these pages -- this page -- will become 166 in the English and 114 in the German.
Are there only two pages to the other one in the German?
This is to become 113 in the German, your Honors. This is a report of 19 September 41 and bears the receipt stamp of the Wehrmacht Commander Southeast for the following day, report from the 65th Corps that the 1st Battalion 724th Regiment was shot 165 bandits at Uzice.
And the last document to be inserted is NOKW-1633 which is offered as prosecution's exhibit 114c.
JUDGE CARTER: You mean 114d.
MR. DENNEY: I beg your pardon, Sir; 114d -- thank you. "D" for "dollar", Sir; three copies for the Tribunal, a copy in English and German to the reporters and interpreters, eleven copies in German for the defense to Dr. Laternser -- and the pages in the English book are 167, 168 and 169 and in the German book 114 and 115.
MR. DENNEY: Will you hand the original to the Secretary General?
This is a photostatic copy of a copy, dated Belgrade, 21 August 1941. It is to the Commander in Serbia, and it is from the, -- rather it is a report by the Commander in Serbia and through the Chief of his general staff and it gives the situation report as of the date of the document:
Enemy band activity has not decreased in comparison with the first third of the month. In particular, terror acts against German Wehrmacht and population have increased. Bands are apparently acting according to uniform pass-words, for instance attacks on municipal buildings, mayors, railway stations, and the like. Shutting down of industries in the vicinity of Krupanj and Loznica (72 km Northwest of Valjevo) according to plan.
Then it recites the main areas of unrest, and then in paragraph 2 lists the various installations which have been attacked. The note under (b), "on 13 August, the Sergeant who was kidnapped 9 August in the area South of Topola was released by the bands."
And, "On 16 August a pursuit detachment from 704th Division liberated 3 missing soldiers near Monica".
And, "On 16 August in return for the attack on a truck of the 3rd Company of the 64th Police Reserve Battalion near Skela, Skela was burned down on 14 August 1941 and 50 Communists shot, some hanged, 15 village inhabitants were shot.
Under "e" "On 17 August 5 Communists were hanged in Belgrade," and then it recites major operations, and gives the dates and areas. On the 14th and 16th of August, "in the area of Cacak".
"12th, 13th, 19th and 20th, in the area of Obrenovac; 16th and 17th west of Sabac; And an especially successful major operation on 19th August in the area Southeast of Uzice" Then it recites the Wehrmacht losses. Then the "Estimate of the Situation":
Estimate of the Situation Employment of special pursuit detachment and total employment of the remaining units in cooperation with reinforced Gendarmes has so far not resulted in the expected relief on account of lack of allocation of Tanks and Reconnaissance Cars.
Then for intended measures: Continuation of very wide employment of pursuit detachments results of which promise increasing success on account of the resulting training. In addition large operations with several battalions in preparation. On account of the totally insufficient strength of the Local Defense Battalions large forces of front line troops have to be employed for guard and security duty. Individual employment of an aeroplane met with good success. Therefore the request for bombers is renewed.
It is requested to speedily allocate the tanks requested separately. As before, request for a location of a Division is upheld, since industrial installations of military importance, among others those at Bor and Kuprany, are insufficiently protected.
There was a document which we passed in Book 3, on page 93. It is already in the book and defense counsel hae had copies of it. It is NOKW 1378. It appeals at page 69 in the German, page 93 in the English, and it is offered as Exhibit 104a in evidence.
It is report from one of the natives in the area in the southeast, with reference to bands. It is a photostatic copy of the copy.
DR. LATERNSER: If your Honors please, I object against the introduction of this document. Again two sheets of paper with merely typewriting on them, they have no signature. Even the signature of the person allegedly interrogated, it is written in typescript. Likewise the alleged interrogator has not signed himself, - rater his signature is typewritten. This is not a document which can be admitted in evidence.
MR. DENNEY: If your Honors please, it is the same proposition that has come up numerous times before. It is a captured document. We offer it for what it is worth. The photostatic copy of what purports to be a copy taken from the German file.
PRESIDING JUDGE CARTER: Objection overruled.
MR. DENNEY: The report speaks of the captivity by this interrogee, and I do not think it is necessary to read the whole report. However, at the beginning of the second paragraph it says:
"In the areas mentioned there are about 500 communists and the Cetniks cooperated with them."
And later, they speak of, --on page two of the original, which is page 69 of the German, and page 94 of the English, paragraph 3, or rather the first paragraph on page 2:
Four days ago the bandits were saying among themselves that they expected 80 peasant wagons full of ammunition from Uzice and that they were to receive reports about the situation on the Russian front."
At the end of the next paragraph:
"Furthermore the bandits mentioned that everything was prepared and 2,000 men were ready for the attack on Valjevo."
At the beginning of the next paragraph:
"Some of the bandits have civilian clothes, some have Serbian army uniforms, and about 10 to 15 German uniforms, as well as German headwear with Soviet Stars."
Then again, on page 70, the first paragraph, on page 95 of the English, the second paragraph rather:
"In the neighborhood of the iron bridge across the Kelubara I met a peasant; he was wet and dirty and came out of the gardens; he told me that in several days' time, 2,000 partisans were going to attack Valjevo".
My attention has been called to the fact, that I neglected to read at the top of page 93, at the beginning, before "Valjevo",--this is on page 69 of the German, 93 English, at the very top of the beginning of the affidavit.
"Before Valjevo nea the churchyard, 10 armed men who all wor Soviet Stars and red, white and blue badges came from the left."
That, if your Honors, please, concludes that document book.
We will try today, or if not, the first thing in the morning, to have an extra page added to the list of documents in this book, and it is suggested that this be marked in accordance with our procedure, 169a, and submitted for annexation to Document Book 3, not in evidence, but merely for purposes of indicating the counts, and defendants against whom the document in this book have been offered.
PRESIDENT JUDGE CARTER: That is agreeable.
MR. DENNEY: Turning to document book 5 as your Honors will note, there are only six document numbers there, and there is one which we would like to insert. Perhaps we had better wait until we reach the point.
Most of these reports have been received in evidence in other forms from lower units, - other copies, - but for purposes of making sure that these were brought home, we have offered these others, and I think that it will not be necessary to comment on them generally in mist cases.
The first document is NOKW 892, which is offered as Prosecution Exhibit 125, and it is on page 1. Again reports from and to the Commanding General in Serbia. I believe that the only one that it is necessary to read is the first one. The rest have already been received, and I believe that it will be sufficient to comment on them, just to call the court's attention to them.
MR. DENNEY:This is a report by the Councillor of State, Dr. Turner to the Commanding General, and it is dated 21 September 1941.
"The aggravated situation, especially however, the appointment of the Commanding General of the 18th Army Corps, who is invested with executive authority, necessitates -- as I believe -- a complete change, however also a completely new attitude towards administrative problems.
For psychological reasons, it appears to me intolerable, that the government Neditch be kept in office at the moment where the executive power is assumed by the troops and where large military forces are employed for the purpose of suppressing the revolt. This puts the government in an unfortunate light in the eyes of the people. Failing to suppress the Communist revolt with its own forces it will appear as though it resorted to the troops of occupation. This will doubtlessly be the assertion of the people -- creating thereby a situation which after the revolt has been suppressed will deprive the government of the people's confidence.
Therefore I intend to advise General Neditch in a purely private conversation to tender not only his own resignation but also that of the entire government of the Commander in Serbia. Simultaneously he should make a radio address saying that a week had past since his last appeal to the Serbian people and because the Serbian people had not listened to his warnings, the occupation authorities had to take the suppression of the revolt into their own hands. Hence he had to consider his mission as unsuccessful.
This would assure General Neditch of a departure which would be plausible to the public in every way and leaves the possibility to the Commander to appoint him again, when the cleaning up operation is terminated in the Serbian area and the Commander believes that he should again appoint a man of the rank and position of General Neditch. Besides one must also take into consideration, that it would be very difficult to form a government again or even to find men, after operation which had become necessary, who would be prepared to take over the administration of the country.