But the way I corrected it it sounded as if the witness had said it, whereas it was my own statement.
DR. WEISGERBER: Your Honor, may I point out that in the course of the cross-examination at three different occasions I asked the witness regarding the headgear the soldier concerned was wearing and it appears somewhat unusual to me that at three different places which were not subsequent to each other that at these three occasions mistakes in translation should have occurred. For this reason I think it is right that the record now taken that we shall wait for this record, and that we clear the matter by referring to the sound track and then perhaps the time has come when we can talk perhaps about a correction of the record. But, at the present time I think it is impracticable if we are now just correcting the record out of the blue, so to speak.
PRESIDING JUDGE BURKE: The subject of the further action of the Tribunal, when the record is completed, may we consider the method of operation. I think as a gratuitous suggestion, possibly since this witness will be on, it will be of use to everyone, if the witness will restrain himself from attempting to answer the question before he hears half of it and continue to talk after the translator seeks to give his answer, we would all save time. You may proceed Hr. Fenstermacher.
MR. FENSTERMACHER: Continuing with the presentation of documents from document Book 20, I turn to page 35 of the English and page 25 of the German, Document NOKW 935, which becomes Prosecution Exhibit No. 463. These again are various operations and intelligence reports from Army Group E to Higher Headquarters:
"Ic Evening Report High Command Army Group E of 2.8.1944."
"D) Enemy Losses July 1944:
Prisoners 2344 Bandits 15 Deserters 10 Englishmen 1 American Dead:
2803 Bandits 2 Englishmen 380 Reprisal Shootings."
Enclosure 20:
Daily Report High Command Army Group E to Commander-in-Chief Southeast (High Command Army Group F) of 8.8. 1944.
Area LXVIII Army Corps: Unsuccessful attacks on own strong points. Southeast Kalamata and East of Korinth. With Jagskommando thrust east of Kato Achain some enemy losses.
In athens several Communists shot to death during raids."
Page 36 of the English and page 26 of the German is an Evening Report Army Group E, 11.8.1944. Under that section of the report it deals with the activities of the 68th Army Group:
"Armv Group: Well armed band (300-500) after successful attack on village North of Sparta withdrew toward Northwest and East before our own reinforcements. Rather large Scale band movement and mining of reads vicinity of Tripoli. Several Communists were shot during the raid in Athens. Dynamiting attack on Greek construction train West of Lamia, material damages numerous Greeks dead and injured ......
(Stamp)" Sub-paragraph f) of the report:
"One English gold pound has risen to 1.165 millions Drachmas."
Next is page 37 of the English, page 27 of the German, Army Group E, report for 14 August 1944:
"Area Kommandant Fortress Crete: During operation in Area Southwest Iraklion and North Paleochora numerous arrests. Two band villages destroyed, 20 hostages shot to death."
Next is:
"Ic Evening Report High Command Army Group E 14 Aug. 1944 . . . . . . . . . .Fortress Crete:
During mopping up operation Northwest Paleochora and South west Iraklion ( see yesterdays Ic evening report) 20 shootings of hostages, numerous arrests and evacuations, two band villages destroyed."
Turning to page 39 of the English, page 38 of the German, Daily Report of 15 August 1944, Army Group E to Army Group F:
"Area Fortress Crete:
In the course of increased land activity on the Island alert first grade has been proclaimed. Own operation found well constructed band positions on the South edge of the Ida mountains, particularly in the area of Kamara (12 Northeast of Tympakson). During reprisal measure in the Messara plain 50 people suspected of belonging to bands shot to death. During raid in the Western part, numerous arrests--among them considerable number of wanted bandits . . . . . . . . . .
Area XXII Mountain Corps: "Kreuzotter" Continued mopping up without important contact with the enemy. Destruction of Karpenission and of other band villages. Group Ludwiger in area Aspropyrgos (30 Southwest Karpenission) Chelidona (1.5 North Northeast of it) and Kondon (7 East Prusses). On the northeast bank Triohonis Sea enemy bands sailing boat secured."
And this report and all the others is signed "High Command Army Group E, by Ia, "or" Operations Officer."
Turning next to page 41 of the English, page 30 of the German, Army Group E report for 16 August 1944:
"Area Kommandant Fortress Crete: In Ida Mountains enemy withdraws from our own combat group from the area of Kamara toward North against the Idaiean Grotto (16 North Northeast Thympakion). Our own forces advancing Southwest from area on Anogia (23 West Southwest Iraklion) and East of it.
During mopping up in area Kastelli and Western part of the Island, 15 Bandits shot to death, severe arrests, one band village destroyed."
Continuing on page 43 of the English, page 31 of the German, Army Group E report for 18 August 1944:
"Area Kommandant Fortress Crete: During mopping up in the Ida Mountains, clothing, rations and 1 radio set secured. Bandit shelters destroyed. In the Eastern part of the Messara plain, one bandit village destroyed, 20 bandits shot to death."
I think that is all the excerpts we need read into the record at this time from NOKW 935.
Turn next to page 46 of the English, page 33 of the German, NOKW 1119 becomes Prosecution Exhibit 464. This is an Activity Report of the Jaeger Division covering 1 September to 30 September, 1943. The enclosures are listed. We are interested in that section of the report at the bottom of page 46 of the English and at the bottom of page 33 of the German:
"1 September Enclosures:
An attempt of the shopkeepers of Megalopolis to demonstrate, - by closing their shops, - against the announced shooting to death of 50 hostages as reprisal for an act of sabotage in Athens, was suppressed the same day by energetic measures of the local Commander."
We turn now to page 47 of the English, page 34 of the German, NOKW 1097, which becomes Prosecution Exhibit 465. This is Activity reports 2 Brandenburg Regiment, dated 11 Sept. 1943.
Your Honor, you will note the receipt stamp of the Brandenburg Division for 14 September 1943 on the upper lefthand portion of the document. The Regimental Activity Report for 10 August 1943 to 10 September 1943:
"Activity Report for the period from 10 Aug 1943 to 10 Sept. 1943 . . . . . .In the course of subsequent reconnaissance activity by the Battalion which covered all villages in the area West of Florina up to the Fresba Lake and the terrain between, no enemy contact could be established though numerous reports concerning bands in the above area had been received.
The only thing that could be done was to carry out reprisal measures in some villages in the course of which houses and other property of bandits who had fled, were liquidated. As it could be established later on, it was a question of smaller details of bandits, about 30 to 40 men strong, which however were not under a unified command and which had at their disposal only defective armament and equipment and which were not organized according to any plan at all."
"On the basis of pertinent reports to Saloniki, the Battalion was released in order to be ready for the attack on Grevena which had been planned for some time.
. . . . . . .
A unified, energetic English leadership was apparent on account of the increased enemy resistance and the well constructed organization of the individual band units. In contrast to bandit units which appeared up to now, and with which the regiment has had contact, the bandits appearing in the area around Greyena wear uniforms (old Greek and English Khaki Uniforms.)" Burning to page 50 of the English and page 36 of the German, the same document, this is the report of the 2 Brandenburg Regiment, dated September 1, 1943:
"The Regiment took steps to correct the situation by putting up guards supplied by the civilian population along the supply road of the regiment. It was made public that a part of the read guard would be shot to death ruthlessly if mines were found to have been installed. Since then, nothing has happened on the guarded reads.
During the destruction and the burning down of the bandit villages, blasts and explosions were observed in each case. It may be deduced from this, that the bandits had a large supply of ammunition of their disposal . . . . .
Reconnaissance activity in the territory mentioned above took place with minor contact with the enemy in the Vermion Mountains. Here too it is probably a matter of small bandit squads, not yet organized, which probably intend moving over gradually into the bandit territory proper West of the Aliak Mountain. However, there is no doubt that in that very territory there is a liaison from the band area to Saloniki, there fore the mopping up is still purely a Ic mission and consequently is not to be carried out by the troops."
"A national band is being organizing, which fights the Communist bands but has Anglophile tendencies . . . .
8.9.43 On 8 Sept.
1943 the Battalions advanced further South and Southwest in order to reach the line Grevena -- Kizonjes as ordered. The II and III Battalion had minor contact with the enemy.
Enemy losses:
7 Counted dead 8 Villages leveled.
During the advance of the first Battalion on Rodia, it met stubborn enemy resistance near Ssidendron. After a skirmish which lasted some time and with the commitment of heavy weapons on both sides, the town was taken and leveled.
. . . . . .
In conclusion it can be confirmed that the Regiment:
1. Occasionally had to guard an area 90 kilometers long and 50 kilometers wide, 2. Has caused the following losses to the bands:
90 counted dead (on the basis of experience two and three time more) 13 prisoners captured 5 Ammunition Depots secured 3 large sized ration depots and 1 clothing depot.
leveled 14 villages.
Own losses of 1 dead 1 badly wounded 8 slightly wounded and 2 missing are very negligible as compared with the losses of the enemy."
The regiment's report is signed "Ritter".
We now turn to page 53 of the English, page 38 of the German, NOKW becomes Prosecution Exhibit 466. This is a series of extracts from the War Diary of the 1st Panzer Division for the period June 1, 1943 to October 13, 1943:
"Neon Report 23 August 1943 1300 hours:
2.) In Argos change in attitude of population since the Divisional Staff has been transferred.
On 22 August, evening, a Corporal of the Army Anti-Aircraft Battalion 299 was disarmed and beaten up. The Mayor has been charged with finding the culprits by 23 August, 1300 hours. 10 hostages were arrested.
With the approval of the Corps Headquarters."
If Your Honor, please, the Prosecution believes the reference here is to the 58th Group.
" -- the hostages will be shot to death unless the culprits are named."
Next the entry for 25 September:
"On 25 September 1943 at 0600 hours, 26 leading communists were arrested by sudden action in Patras by the Secret Field Police and Field Gendarmerie, the broadcasting seat was secured.
"According to V.N. (confidential Reports?) the Communist Intelligencia (mainly physicians and attorneys) is entirely skimmed off.
The Mayor of Patras, happy about our measure, continues to supply additional names.
New seizure in 10 to 14 days is in preparation.
The arrested persons are in the camp of Alt-Xorinth at the disposalo of the Secret Field Police.
(signed) 1 Panzer Division Ic" Next the entry for October 2, "2.10.
1 Of two groups committed by Commander Dinatru 81 against Dimena (5 kilometers northwest near Nea -- Epidaures) in strength of one to seven, one of them had been missing since 1 October 43 at 1900 hours.
According to statements of a village inhabitant of Dimena the group is alleged to have been attacked by a group of about 100 band members. Two soldiers are said to have been shot to death and the rest captured.
On 2 October 43, the Division has issued the following condition to the bands via the population of Dimena by a shock troops of the territorial commander of Kapulia; If the missing German soldiers are not turned over to a German authority by Monday, 4 October 1800 hours, the hostages seized in Dimena will be publicly hanged on 5 October 43 in the morning."
Next the entry in the 1st Panzer Division Far Diary for October 3, 1943, bottom of page 54 English, bottom of page 40 of the German:
"The group reported as missing yesterday had been captured after a short skirmish with about 100 partisans at the edge of the village of Dimena. Two German soldiers killed in action.
The group leader had to sign a paper in which he assures, that Dimena will not be attacked in the next few days and that it had been the German soldiers who had opened fire. First, the partisans detained them in the school house of Dimena but after they, i.e. the partisans, had left Dimena they were released by the village inhabitants. In the morning hours of 3 October, the survivors l/3 arrived at the Army AntiArtillery Battalion 299 in Argos.
Partisans well organized led by officers, uniformed. They designate themselves as member of the ELAS."
Next on page 56 of the English, page 43 of the German NOKW 092, becomes Prosecution Exhibit 467. These are Daily Reports from various subordinate units to the Commander in Chief Southeast:
"Commander in Chief (High Command Army Group F) to the OKW/Wehrmacht Operations Staff of 31 August 44.
II. Area Commander in Chief Result of the mopping up operation Kissamu in all 223 bandits or bandit helpers shot to death."
"Signed:
Commander in Chief Southeast (High Command of Army Group F)" Next is page 57 of the English , page 43 of the German, Daily Report:
"Daily Report Commander in Chief Southeast of 9 October 43.
II. Area of Commander in Chief Southeast:
Administrative Area headquarters 395: Band headquarters around the upper course of the Aliakmon river mopped up. A strong wellarmed band was thrown back; the enemy suffered losses. 5 villages, and several ammunition and supply depots were destroyed. The Italians employed in the operation have held out well."
On page 58 of the English, page 43 of the German, continuing with the Report dealing with Infantry Report of 91st Army Corps, Infantry, for Special Duty:
"LXXXXI Infantry Corps for Special Duty:
Railway line Volos-Larissa effectively blown up at numerous places. On the road Volos-Larissa there were raids on our own convoy resulting in looses of men and material.
Near Servia band attacks against strong point and Aliakmon bridge pushed back.
With regard to sabotage in the Tempi valley reported yesterday: Supply train ran onto a mine south of Platamon and was fired on by bands. Simultaneous attacks on strong-points were repelled. 24 freight cars ( some loaded with ammunition) burned down. Traffic on the main line was interrupted for 28 hours. During cleaning of the area Ardea by units of Combat Group Eberlein, 1 band village and a hospital were destroyed.
The report is signed, Commander in Chief Southeast (High Command Army Group F) The Chief of the General Staff Signed Winter."
This Your Honors, please, is a report for a period of time when the defendant Poertch had been replaced as Chief of Staff, to Army Group F by Winter.
Now, we turn to page 60 of the English and page 44 of the German, NOKW 1245, which becomes Prosecution Exhibit 468. "Headquarters LXVIIIth Corps, dated 5 October 1943," "Order for the Transfer of the 1st Panzer Division.
5) On 6 October 1943, 1200 hrs 117th Light Inf. Division will assume command of all forces employed in the Peloponnes."
The order is signed, "Felmy" Your Honors will note this date, and the unit, 117th Light Infantry Division, being assigned for Felmy.
We shall have occasion in many of the documents which will follow to be concerned with the activities of this Division of Felmy.
At the bottom of page 60 of the English there is an order of the 117th Division dated October 30, 1943. Beg your pardon, a report from the Division to the 68th Corps. The receipt stamp of the 98th Corps appears on the lower righthand portion of the document.
Turning to page 61 of the English and page 44 of the German, this portion of the report deals with the political situation.
" I. Political Situation:
. . . . . The Communist movement might have received its first set-back through the operations by the Commander in the Peloponnes on 22nd and 23rd October, Tripolis, Sparta, Kalamata, and Megalopolis. The arrest of hostages and about 3.000 persons, who will be sent to the Reich for Forced Labor, has taught the population that pacification does not mean weakness.
It is the opinion of the Division that the combatting of Communist bands can be undertaken basically only with the aid of anti-Communist bands. . .
II. Enemy Situation:
Except for the coastal areas occupied by German Forces, the northwestern Peloponnes is entirely dominated by Communist bands. The Supreme Command of the Insurgents in this area, consisting of one Greek General, several Greek Staff Officers, 5 British Officers and 31 Communist Italian Officers, according to reliable report by a confidential agent is currently located at Demasticha (19 km Southeast of Patras)."
The report is signed "Colonel and Deputy Division Commander of 117th Light Infantry Division."
Turning now to page 63 of the English, page 46 of the German, NOKW 1122, which is Prosecution Exhibit 69. This is a translation of a pamphlet which was planned by German Occupying Forces in Greece, and distributed among the population;
Translation of a German pamphlet:
"To the population of the district Phyvon and Levadia.
The localities which were once known as Kostia, Xakosi and Dombrenia exist no longer. The inhabitants are gone--the villages forsaken. far has brought on sorrow and misery.
Why?
Because the inhabitants of the aforementioned localities collaborated and sympathized with the Andartes.
The German gun is speaking. If the bandits hear the rattle of our machine guns they will surrender. Think over carefully once more. Discontinue all associations with the Andartes. Close your doors to all these people. If you have knowledge as to the whereabouts of bandits run quickly to the Germans and inform them. You should say to the bandits: "Give up your guns!".
Do this and we will be able to go on living peacefully together.
If you do not do this, then you will have to leave your houses and localities and we will destroy them. England is making fools of you. England is not thinking of you! England is thinking only her own interests. Before you lies a new Europe in which a new Greece will find its place. Face us with sincerity and (*) with lies. Victory is ours; you shall have victory too if you stand on our side."
Then there is a translators note:
"From the context it would appear that a negative is needed here. There is none in the original text."
Then continuing:
"Victory is ours; you shall have victory too if you stand on our side."
Then on page 64 of the English:
"To the inhabitants of . . . . . . .There are men from your village who are being held by the Germans as hostages.
In the event that within a reasonable space of time no bands appear, and peace and order is maintained in your area, these hostages will be released. However, should it be established that you are supporting and promoting the bands and are leaving your villages at their disposal, the hostages will be shot and your villages leveled to the ground.
Hence it is in your own interest and in the interest of peace and order that you support the German occupation forces in the fight against bands and instigators of unrest. Therefore inform the nearest German office immediately when bands appear, in order that the German forces will be able to come to your protection.
Signed: "The German Occupation forces."
DR. SAUTER; Dr. Sauter for the defendant Lanz. I should like to have a look at the original of this document. An expression appears in this document which is not usual in German, and which I do not know myself.
JUDGE BURKE: I am making reference to the English Document Book on page 62. Here an expression occurs "Andartes". That is not a German expression.
MR. FENSTERMACHER: Page 63 of the English, your Honor, second paragraph on that page.
DR. SAUTER: It is the third paragraph from the top, starting "Because the inhabitants of the aforementioned localities collaborated and sympathized, with the Andartes."
What "Andartes" is supposed to be, I, as a German don't know, May I also point out that this alleged document beats no signature apart from an initial "T.H." or "T,A.", an abbreviation, otherwise I cannot see anything from this document.
MR. FENSTERMACHER: If your Honors please, the document is written in the German language. At the top of it are the words, "Translation of the German pamphlet," and I believe, if I may make an explanatory statement here, the word, "Andarten" refers to Andartes which is what the Greek people themselves called their guerilla forces.
DR. SAUTER: I don't know that. At least a German, if he had written this pamphlet, would probably have expressed himself differently and I also doubt whether a German would have published pamphlets of this kind in which he designates his own statements as lies.
PRESIDING JUDGE BURKE: For whatever it may be worth it may be received in the same fashion as other documents, subject to the same objections they have received.
Just a moment, however, Dr. Sauter, is there a question of the interpretation of the third paragraph? Is there a question of interpretation involved in the third paragraph on page 63 of the English document book?
DR. SAUTER: No.
PRESIDING JUDGE BURKE: Very well. You may proceed.
MR. FENSTERMACHER: Next, on page 65 of the English, page 48 of the German document book, Document NOKW-1355, which becomes prosecution Exhibit 470, again are a series of daily reports from the Commander in Chief Southeast, which at this time was the defendant Reichs, to OKH headquarters in Berlin. The first report is for the 7th of November, 1943. That section of the report dealing with the 68th Corps:
"Some losses suffered in band attack (70) on German goods train in the vicinity of Aighion. At Tripolis 18 Communists were shot as reprisal for railway sabotage carried out." Signed: "Commander-in-Chief (High Command Army Group F) Ia," Operations Officer.
Next, on page 67 of the English, 49 of the German, Commander-inChief Southeast, report to Higher Headquarters for the 17th of November, 1943.
"68th Corps: Communism activities continuing in Athens. 395th Administrative Area Headquarters. During local mopping up north of Volos 53 bandits were captured as reprisal for attacks made recently in the area of Katerini. 20 Communists were shot."
Next, the Commander-in-Chief Southeast report for the 20th of November, 1943. It is on page 69 of the English, page 50 of the German:
"68th Corps: During local engagements in the areas of Tripolis and Patras in addition to several enemy losses, ammunition and propaganda materials captured. A village 30 kilometers west of Lamia was burned down, reprisal for a band attack."
Next, the Commander-in-Chief Southeast report for the 29th of November, 1943, page 71 of the English, 51 of the German:
"68th Corps: A reprisal for a band attack on the road TripolisSparta (see Daily Report for 26 November) 100 hostages were shot at the scene of the occurrence. During search in Corinth numerous hostages were arrested, arms and propaganda material secured."
This report, as were the others, is signed: "Commander-in-Chief Southeast (High Command Army Group F)" Page 73 of the English, 52 of the German, Document NOKW-1363becomes prosecution Exhibit 471.
These are various activity reports of the 68th Army Corps, commanded at this time by the defendant Felmy. The first report was transmitted on the 19th of September, 1943 and your Honors will note to whom the report is sent: "1) Army Group Southern Greece, 2) Military Commander in Greece," who at this time was the defendant Speidel, "3) Counter Intelligence Office, Athens."
"Ic Daily Report of 20 September:
"During operations against bands Panzer Grenadier Regiment No. 113 captured 20 bandits in the area of Aphissu and Arachova and transferred 10 hostages to Sparta."
Next, page 74 of the English, 53 of the German, Daily Report of the 69th Corps for 20 September 1943: "St Kabamata 2 Communists were shot."
Continuing on page 75 of the English, 54 of the German, 68th Corps Daily Report for the 30th of September, 1943:
"The 26 Communists arrested on 25 September at Patras (Ic Daily Report for 26 September) are the following:
"1) Konstantionos, Parles, Town Doctor, residing in Patras "2) Samuris, Andreas, Dr. med " " " "3) Sakelarius, Chrisantos " " " "4.) Wuiss, Nikolas " " " "5) Karanasopulos, Wassil notary " " " "6) Michalopulos, Dimitrios Greek, employed in the Court, residing in Patras "7) Petroskos, Marinus, Roumanian national " " " "8) Afamasiu, Evangleus unqualified lawyer " " " "9) Marketus, Anastasius " " " "10)Marketus, Konstantin " " " "11)Kuvelis, Spiros, Lawyer and Town Councillor " " "12)Piskopakis,Antipas, Lawyer " " " "13)Liakopulos,Panagiotia, Engineer " " " "14.)
Geranios,Panajotis,Lawyer " " " "15)Kritikos, Johann " " " "16)Grustkoss,employed by the Bank of Greece" " " "17)Wlachos,nephew of the lawyer, MARKU " " " "18)Chaidopulos,Nikolaus nephew of the lawyer MARKU " " " "19)Stamadados,Andreas Townhall official " " " "20)Sotiropulos,Andreas Taxation Official " " " "21)Stathopulos, Johann " " " "22)Kulumbis,Angelos Owner of a Printing Shop " " "23)Chosmas, Spirus Doctor " " " "24)Kiriakopulos,Nikolaus Employed in electric plant " " " "25)Marku, Joannis " " " "26)Marku,Andreas,Lawyer Nos 1 - 5, 7 - 16, 18 - 22 and 25 - 26 are already known to Corps Headquarters ..........................................The report is signed:
"68th Corps Ic Section, dated 29 September 1943" Continuing on page 76 of the English, page 54 of the German, Daily Report of the 68th Corps for the 10th of October, 1943.
"During the capture of Arachowa (Ic Morning Report for 9 October) strong resistance was met in parts of heavy weapons only heavy machine gun confined.
Further advance on Malyvia (5km Northwest of Arachowa) and AnoAgoriani (15 km North northwest of Arachowa) without contact with the enemy. Both villages, in which small ammunition and ration depots were found, were destroyed, at Arachowa 26 houses of leading Communists as well as houses containing ammunition were burned down."
No changes as reprisal for attack on 25 November South of Tripolis (see Ic Daily Report for 26 November) 100 hostages shot on 28 November at the scene of the attack.
During raid in Old-Corinth 67 hostages were arrested, several weapons and propaganda material secured. At Drachmanion (21 km West of Atalanti) 5 suspects were arrested."
Next, the 68th Corps daily report for the 28th of December, 1943:
"As reprisal measure for band attack on 3 December near Jithion (Ic Daily Report for 6 December) 25 hostages were shot at Jithion."
"Ic Daily Report for 9 December 1943:"
"If your Honors, please, the next several reports will be concerned with the operation Kalavrita. I ask that your Honors pay particular attention to these reports as the next witness which the prosecution will present will testify to events carried out at Kalavrita.
"Ic Daily Report for 9 December 1943:
"During mopping up operations in the Northern Peloponnesus a pocket 10 kilometers around Kalavrita were found without further contact with the enemy.
Enemy withdrew from the area north of Kalavrita possibly towards southeast, since 78 on of one of our companies which was annihilated in the mountains on 7 December were murdered about 10 kilometers southeast of Kalavrita. As reprisal measure for the murder of German soldiers, the burning of villages and execution of the male population has been ordered."
PRESIDING JUDGE BURKE: At this point, Mr. Fenstermacher, we will defer further hearing by the Tribunal until tomorrow morning at 9:30.
THE MARSHAL: The Tribunal will be in recess until 9:30 o'clock tomorrow morning.
(The Tribunal adjourned until 19 August 1947, at 1630 hours).
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 19 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: The Marshal will ascertain if all the defendants are present in time Courtroom.
THE MARSHAL: May it please Your Honor, all the defendants are present in the Courtroom.
THE PRESIDENT: The Prosecution may proceed with the presentation of evidence on behalf of the Prosecution.
MR. FENSTERMACHER: May it please the Tribunal. Prior to yesterday afternoon's adjournment we were considering Document No. NOKW-1363, which is Prosecution's Exhibit No. 471 in evidence. This document is a series of activity reports of the 68th Corps for the period 16 September to 31 December 1943. Your Honors will recall on other documents that have already been introduced by the Prosecution that during this period of time the Defendant Felmy was Commander of the 68th Army Corps, and that Corps in turn was subordinate to Army Group E, which itself was subordinate to Army Group F and Supreme Command Southeast, under the command of the defendant Weichs and his Chief of Staff the defendant Foertsch. And we are particularly concerned with that section of the document which begins on page 77 of the English, Page 55 of the German, Daily Report for the 9th of December 1943:
"During mopping up operations in the Northern Peloponnesus a pocket 10 km around Kalavrita was found without further contact with the enemy.
Enemy withdrew from the area N of Kalavrita possibly towards Southeast, since 78 men of one of our companies which was annihilated in the mountains on 7 December were murdered about 10 km Southeast of Kalavrita. As reprisal measure for the murder of German soldiers the burning of villages and execution of the male population has been ordered."
DR. LATERNSER: Dr. Laternser, Your Honor. I would like a retranslation of the document which has just been read.
MR. FENSTERMACHER: Major Hatfield, please, will you pass the original to the Court Interpreter. The part in question is on Page 8 of the original document.
THE PRESIDENT: May I make inquiry as to what particular portion of the document you are referring to, Dr. Laternser?
DR. LATERNSER: Yes, Your Honor. On page 77 of the English Document Book, the sentence under "F". It is the sentence that was read last, Paragraph "F", on page 77.
MR. HILDESHEIMER (Court German-English Interpreter): It says here: "As a reprisal measure," it could be translated" as a retaliation measure", "for the murder of German soldiers the burning of villages and execution of the male population has been ordered."
DR. LATERNSER: As I have heard it just now in the English, it is the word "the" -- "The male population" -- this "the" should have been stricken.
THE PRESIDENT: Will the Interpreter please read it again and give his interpretation?
DR. LATERNSER: In the German text it says "Erschiessung Maennlicher Bevoelkerung," which means "the shooting of male population." The article the definite article "the" should be stricken, which is found in the line next to the last in the English Document Book on Page 77.
MR. HILDESHEIMER (Court German-English Interpreter): That is correct, Your Honor.