If defense counsel have any doubts about that we can submit the original document to the interpreters.
In order that there might not be any doubt, your Honors, perhaps we ought to submit the original document to the interpreters, Exhibit 4 473.
DR. MUELLER-TORGOW (Counsel for the defendant Felmy): Mr. President, this is evidently a matter of the 117th Infantry Division.
MR. FENSTERMACHER: "The Commander of the 117th Light Infantry Division, Major General von LeSuire requests approval of the following reprisal measures:"
Your Honors will recall at this time the 117th Light Infantry Division is subordinate to the 68th Corps under the command of the defendant Felmy.
"Prohibiting leaving of houses by the civilian population excepting from 9:00 hours to 12:00 hours in cities and villages South of the line Zakaro (South) - Tripoli (North) - Sevglatio (North) Astroa (North) duration 8 days.
"Prohibiting civilian vehicles and persons on the roads of the Peloponnesus South of the line stated under 1.) Exception - vehicles of the International Red Cross. Violators will be shot to death on the spot. Duration 8 days.
"Everything South of the line stated under 1.) in the terrain up no 2 kilometers away from the main roads will be shot down. Duration 8 days after preceding announcement.
"Shooting to death of 200 hostages (Communists) from the entire hostage camps. The executions are to be carried out by members of the Greek Volunteer Units under German supervision. Approval will be given. The decision concerning the burning down of some villa ges known to be band nests is still lacking. Elements of the 1009 Fortress Infantry Batallion and of the reinforced company of the Greek Free Corps had minor contact with the enemy during an operation in the area of Stephania (10 North, Northeast Githion) - Lajion - Chersowa (8 North Githieon) enemy losses:
6 prisoners."
Continuing on page 140 of the English, 104 of the German, entry in the War Diary for the 68th Corps for the 15th of March, 1944:
"Peloponnesus: As reprisal measures for the band attack on 11 Marc, 44, the following villages, confirmed as band nests are leased to the 117th Light Infantry Division of destruction: Karie, Wresthena, Kato - and Ano-Kolline, Skortsinon, Kaltese, Mavrojinanni, Vlaohokerassia, Arvenitokarassia and Manari.
............
"14 Mar. 44 Peloponneses:
In the course of reprisal measures for bank attack of 11 Mar, 44, the villages of Mavrojianni, Kaltese, Skartsinon are being burned down, ............."15 Mar.
44 Peloponnesus:
As reprisal measure for band attack on 11 Mar, as reported Karie and Wresthena are being destroyed.
.............
"16 Mar. 44 Peloponnesus:
As reprisal measure the destruction of Arwanito-korassia, Vlaohokerassia, Kato - and Ano Killine is reported. Operation "Spatz" reports no contact with the enemy."
Continuing with the War Diary of the 21st of March, 1944:
"Attika: During the absence of the Commander-in-Chief the Commanding General takes over Command of Army Group E."
If your Honors please, the prosecution submits that that reference in the War Diary of the 68th Corps is to the Commanding General of the Corps, General Felmy taking over command of the Army Group E during the absence of Commander-in-Chief of Army Group E, General Alexander Loehr.
Continuing with the excerpt from the 68th Corps War Diary for the 21st of March, 1944.
"The Commanding Officer of the 117th Light Infantry Division is charged with the command of the Corps.
"1 May 44. Attika: As reprisal measure for the attack on the truck convoy of the 41st Fortress Division in the area of Molai (Southeast Peloponnesus) 335 Communists and band suspects shot to death.
"3 May 44. Attika: Operation "Geier" is still without contact with the enemy. For the attack on base point (III Caucasian Bergmann) in Chani-Derwene 50 hostages are being shot to death and for railroad sabotage East of Megalo Pefko, 10 hostages are being hanged.
"9 May 44. Peloponnesus: A reprisal measure for the wounding of two Marines by bandits in Patras, 10 hostages are being hanged, curfew set at 1900 hours and civilian traffic to the city is prohibited."
I wonder if we might submit that document to the interpreters for a retranslation. This is Exhibit 480.
THE PRESIDENT: It's NOKW-1065.
MR. FENSTERMACHER: Would you translate the entry in the War Diary of the 68th Corps for 9 May, 1944, appears on page 142 of the English, page 103 of the German, and on page 11 of the original exhibit?
BY THE INTERPRETER:
"10 May 1944. Boestia: Pelepennes: As reprisal measures for 2 marine soldiers wounded by bandits in Patras 10 hostages are hanged; deadline 1900 hours. Civilian traffic to the town is barred."
No traffic is permitted to the town, that is.
MR. FENSTERMACHER: Continuing Page 142 of the English, 102 of the German entry in the war diary of the 68th Corps, for the 10th of May, 1944:
Boestia:
As reprisal measure for the attack on cars on the 26 April 44 as additional hundred hostages are being shot to death in Athens.
26 May 44 Peloponnesus:
"Rabe": Enemy forces continue to withdraw to the East Coast where they are attempting to reach the islands cf Hydra and Spotse as well as the arm of Asperes via the gulf of Anges. 10 EXK members as well as 4 Greeks in flight were shot to death. 35 arrests. Size able amounts of ration and 5 ten of coal taken as booty. During reconnaissance operation in the area of kalasuni (7 Southwest Kyparissia) 1 Communist shot to death, 16 arrests.
23 May 44 Peloponnesus:
"Rabe": Armed Air reconnaissance prevents the enemy from escaping by sea. Enemy is attempting to thrust through Southward in the Direction of Didimi. The daily targets cf the combat groups have been reached according to plan. 10 Communist shot to death, 4 Italians taken prisoner. In Ligurion a bandit camp with equipment secured.
31 May 44 Pelopones:
"Rabe": without contact with the enemy for breaking combat zone regulations, 1 Greek was shot to death and 6 arrested.
5 June 1944...
Boeotia:
Increase of sabotage on railroad line Athens - Lamia Recent blasting carriage attack on freight train at 128.6 kilometers (18 East, Southeast Lowadia) minor damage. As counter measure increased use of the track security train and of armored self propelled railway trolleys, use of hostage railway tricks and request for an armored train which may be counted on to arrive in the middle of June, Speeded up executed of measures "dead zone" and "blacked zone". In the Sperchios Valley between Linaokladien and Makrakomi, an assembly be bands was scattered by anti-aircraft fire.
22 June 44 Peloponnesus:
"Matter": Operation concluded. Minor contact with the enemy during return march. 4 Bandits shot to death, 26 arrests.
27 June 44 Peloponnesus:
Commencement of operation "Adler", Bands withdrew from the area of Eliecherion on the direction of Astros takeing along the entire civilian male population. About 50 bandits shot to death while escaping. Daily targets reached according to plan. Third battalion of the 22 Light Infantry Regiment (Air) landed in Astros via Seaway.
29 June 44 Peloponnesus:
"Adler": Enemy withdeawing without plan before our advance. 21 bandits in flight shot to death, a small ration supply depot was captured. 68 artillery Battalion landed in Leonidion. Daily targets reached according to plan. Continuous band reconnaissance by Fieseler Storch 156.
30 June 44 Poloponnes:
"Adler" Enemy continues to withdraw without fighting before out own advance. 11 bandits in flight shot to death, daily targets reached according to plan.
Railroad bridge blasted near Mamria on railroad line Tropoli - Megalopolis. Repairs will take about 10 days.
MR. FENSTERMACHER: That, if your Honors please, concluder the presentation of the documents in Documents Book No. 20.
PRESIDENT WENNERSTRUM: Mr. Fenstermacher, in connection with the map which was introduced as Exhibit 473, NOKW 1029, do you have any suggestion as to where that should be inserted, as to the page?
MR. FENSTERMACHER: Yes, in order to understand the continuity of the document, your Honors, that document should be inserted following exhibit 472, which exhibit begins on page 86 of the English, page 62 of the German, so that this particular map, Exhibit473, should be inserted after page 93 cf the English, and after page 65 of the German Documents Book.
PRESIDENT WENNERSTRUM: Should that be given a page number, such as 93a?
MR. FENSTERMACHER: Your Honors could paginate it 93a in the English and 65a in the German If your Honor please, I ask now that the marchal be directed to call the witness Takis Spiliopoules.
TAKIS SPILIOPOULOS, a witness, took the stand and testified as follows :
BY PRESIDENT WENNERSTRUM: The witness will arise and be sworn. I swear to speak the truth, and only the truth, in reply to whatever I am asked, without fear and without prejudice.
(The witness repeated the oath)
DIRECT EXAMINATION BY MR. FENSTERMACHER:
Q. Witness, will state you name?
A. Takis Spiliopoules.
Q. When were you born, witness?
A. On the 14th cf September, 1903.
Q. Where were you born?
A. In Katavrita,
Q. Where is Lalavrita?
A. In the Peloponnes
Q. Is the Peloponnes part of Greece?
A. Yes.
Q. Are you married?
A. NO I am not.
Q. How much education have you had?
A. I am a graduate of College, and the I attended for two years a commercial school.
Q. What is your present occupation?
A. I am a merchant.
PRESIDENT WENNERSTRUM. I am wondering if it would be helpful to the witness if he would take off the ear phones. You might suggest it to him.
10-1-19 August 1947-A-AEH-Stewart (Lea)
Q Were you in the army? In the Greek Army during the war between Greece and Italy?
A Yes, I was in the army.
Q For how long?
A For the whole period that the war between Greece and Italy was lasting.
Q When did you return to Kalavrita?
A On the 2nd of April, 1941.
Q Have you remained in Kalavrita continuously since 2 April, 1941 until the present time?
A Yes, I have remained there continuously.
Q Witness, what is the population of Kalavrita? I mean the population today.
AApproximately 2,800 inhabitants.
Q What was the population of the town of Kalavrita in the month of December 1943?
AApproximately 4,200 inhabitants.
Q Is there also an area known as the Kalavrita area in addition to the town of Kalavrita?
A Yes, that is correct.
Q How many inhabitants in the area of Kalavrita prior to December, 1943?
AApproximately 32,000 inhabitants.
Q How many villages were in the Kalavrita area?
A 55 villages, villages and smaller villages together
Q What was the largest village in the Kalavrita area?
AAfter Kalavrita was a village by the name of Daphni and next to Daphni Klitoria.
Q How many inhabitants did the smallest village in the Kalavrita area have in December, 1943?
A 350.
10-2-19 August 1947-A-AEH-STEWART (Lea)
Q. How did most of the inhabitants of the Kalavrita area make their living in December, 1943?
AAbout 90 per cent of then were farmers, dealing with agricultural work, and breeding cattle.
Q Witness do you recall the month of December, 1943?
A Yes.
A Will you tell the Tribunal what the weather was in the month of December, 1943?
A The weather was rather rainy, and from time to time it was snowing.
Q. Do you recall the 8th of December, 1943?
A Yes, I do.
Q Will you toll the Tribunal what happened on that day, and the succeeding days, in your own words?
A Yes, I will. On the 8th of December, 1943, at 7 o'clock in the morning, German motorized vehicles, armored cars, came in from the direction of Tripolis. This German column blocked all of the roads and exits from Kalavrita and. sent patrols into the town telling the population that all male persons ranging from 10 years until the highest age, should gather at the square in front of the Cathedral. The male population gathered in front of the cathedral and we were kept there for about an hour. The German officer, who was able to speak Greek very well, asked us where all of the other man were.
We answered him that there were not any other men. He asked us how many men are you; how big is the population. We answered him about 4,500, whereupon he told us it was not possible that these were all of the men living in Kalavrita. Then he told us to go back to our homes, to stay home, and warned us that whoever would leave his home would be shot by the patrols without being spoken to. We went back to our homes.
In the afternoon he called me and other members of the community, and asked us to furnish foodstuff, meat, bread and. oil, for the german troops. We took care of supplying him with the food and stuff he had asked us for. Two German officers that I had kept in my house, offering them hospitality, thanked me in the night and told me that they were very grateful for the hospitality offered to them, and they would leave next morning altogether.
The next morning about 7 o'clock, the whole German column left in the direction to Patras. After half an hour, another detachment came in, coming from region. Before they entered Kalavrita they insulted the whole town, and the roads were closed by a double, approximately, detachment than that which had come in before, then they began to loot the stores. They had brought in about 150 trucks that they began to load, and these tricks left then for Patras. These new detachments stayed in Kalavrita for the 9th, 10th, 11th and 12th of December, and we were always kept in our homes, not emitted to leave our homes. On the 12th of December, at 1150 hours in the morning they had gathered about 30 thousand head of cattle of all kinds that they had brought in from the surrounding villages. These trucks loaded with the Cattle left some in the direction of Patras, some for Korinthes and some for region.
A. .... On the 13th of December , at 6:30 in the morning, German soldiers told the population, accompanied by Greeks who knew the German language, that they go altogether in front cf the cathedral. Then.....
MR. FENSTERMACHER: If Your Honors please, I wonder if we could perhaps sit later today in order that the witness' story might not be interrupted should he not finish by 12:15?
THE PRESIDENT: Could you complete it by 12:30?
MR. FENSTERMACHER: I believe he will, Your Honor.
THE PRESIDENT: Is there any reason why it couldn't be completed after the lunch period?
MR. FENSTERMACHER: Well, we're coming now to a particular incident, and it would hurt the continuity if it were interrupted.
THE PRESIDENT: One of the members of the Tribunal has an appointment at 12:15 which would be difficult to change. And in view of the circumstances, we will adjourn at 12:15. You may proceed.
WITNESS SPILIOPOULOS: ---we were told to bring with us enough food for two days and blankets for two days. But they did not bring us in front of the cathedral, but to the public school building. There they separated us -- I mean the men from the women. The men had to stay in the courtyard, which was surrounded by a high wall, and the women and the small children up to ten years of age were locked in the school building. When all the population had gathered there they took the first section of men and brought it to the place of execution -- about 600 men. After half an hour arrived the second section, consisting of about the same number as the first section or more. After we had stayed there for about a quarter of an hour a German officer asked, " Who has knowledge of the English language?" One of the professors of the college answered, "I can speak English." And he told this professor, "Tell the population that we have got orders from our Supreme Commander to burn the town, but all of you will be allowed to go away."
When we stayed there until a quarter to 12:00, suddenly we could perceive a rocket of blue color coming down in front of the townhall. And at the same time, machine guns and the heavy machine guns -- about ten -- started shooting from in front and from both sides. This shooting was going on for about 10 to 12 minutes. Then, it was interrupted for about 5 minutes. Then two German soldiers walked around and gave the people the finishing stroke with automatic weapons. I was one of the first who was wounded. I was first wounded on my leg and then on my head. Then the shooting went on and two soldiers were walking around and finishing the men. This went on until 4 o'clock. I want to go back to a certain point and to tell as soon as the machine guns and heavy machine guns had started some groups of the Greeks jumped toward the machine guns in order to stop them, but on their way they were executed, and so they did not succeed. They jumped there screaming, "You're murderers --and our allies forever." Then, while the soldiers were walking around finishing the massacred persons with coup de grace, they cut off their fingers and looted them, taking away their watches and everything precious they had with them. They turned them around, looting the massacred, and this they did under terrible laughters. After they thought everybody was dead the place was silent. Then they left and after a quarter of an hour the first persons from the town came in. One of the old men who had been hiding among the women, two women and my sister. They took me because I was wounded and they wanted to take me back, but I just fainted because of the loss of blood. After all the women arrived at that place -- I cannot tell you what happened because my tongue is too poor, and it's beyond my capacity of describing. This scene could only be described by one of the great tragedians. Then the night came, and it was very cold. It was freezing. They took me into a house. The German troops who had left were going to the Monastery of Aghia Lavra. They took me into one house that was not entirely burned down.
The population was obliged to stay outside, and they were warming up between the ruins that were still smoking. They had burned down the whole of Kalavrita, the cathedral and another church. The two churches that they had burned were big churches with great treasures inside, and the small churches ware not burned. Presumably they had burned the 2 bigger churches to finish the looting which they hadn't done before. Then, the women and I , with some of the old men, began to bury the corpses, but it was very difficult because we didn't have any instruments. Everything had been burned down, and it was very difficult to make the evacuations for burying the people. So this burying went on for seven days.
THE PRESIDENT: The Tribunal will be in recess until 1:30 this afternoon.
(The Tribunal adjourned at 12:15.)
AFTERNOON SESSION
THE MARSHAL Military Tribunal No. 5 is again in session.
THE PRESIDENT: You may proceed.
BY MR. FENSTERMACHER: (DIRECT EXAMINATION CONTINUED)
Q. Witness, will you please continue with the narration of your testimony?
A. Yes. On the 17th of December 1943, after the massacre of Kalavrita a Major of the British Command, by the name of Anthony came in and brought us undershirts and money.
INTERPRETER ANAGNOSTOPOULOS: The witness wants to show you the undershirts that they got. (Witness opens his dress shirt and shows the undershirt.)
A. (Continued) On the 18th of December the President of the International Red Cross came from Athens and brought us medicine and flour. And on the 22nd of December we received about 2,000 blankets from Greek industrialists from Athens, who were from Kalavrita. But the German Commander did not allow us to get the flour which was stationed at Diakophto, about 22 kilometers from Kalavrita. And so we had to walk there in order to get some flour; this was difficult because many of us hadn't any shoes. On the 28th of December three American planes came down in the vicinity of Aghia Lavra. They had come from Pyraeus. I had been told to meet them at the spot where the planes had come down, and I went there and brought them medicines and food. Two had survived; the others had died. Then, I informed the British Commanders, and they came after we had given the first-aid assistance to the two wounded, and they came and picked them up. And the others that were killed were buried in Aghia Lavra. Two months later German troops came again. But nobody remained in the town. All of us were afraid and we left in a great hurry, going to the snowy mountains of Chelmos, about 2.500 meters of altitude. A German Colonel, who was the Commander of the detachment, informed me that I had to come down immediately. But the Creek population didn't want me to go down, and so I left secretly by left the mountains secretly.
Then, the German Commander asked me, "Why did you leave the town, you as a mayor, and take with you the population into the mountains?" I answered him that, "You have committed such a terrible massacre that everybody is afraid, and not even the savages of the jungle would have done that. If you wanted to exterminate the friends of the Allies, as I was and a few others of the town, you should have spared all the innocents who did not demonstrate their friendly feelings for the Allies. He got mad with my answer, but then he told me that he wasn't responsible, but only the command of Aegion was to be hold responsible for these deeds. But they took away all the blankets that we had got from Athens and all the foodstuffs that the Red Cross had sent us, consisting of flour and peas. I objected to this, but in spite of my objections they didn't leave anything behind them. Then they left for Patras, and another detachment came again in June, 1944, and this was the last one.
INTERPRETER ANAGNOSTOPOULOS: Now, the witness asks the Court if the Court wants him to testify about another village that he saw burning after the massacre of Kalavrita occurred--that he saw himself burning?
THE PRESIDENT: That will be a matter for the Prosecution to decide. If you will direct your inquiry to the Prosecution....
MR. FENSTERMACHER: Now, witness, I would like to ask you a few additional Questions. You said earlier that on the 8th or 9th of December German troops camps and stayed for four days in the village of Kalavrita. Is that correct?
A. There is a small difference. The first detachment came in on the 8th and left on the morning of the 9th, and the other detachment that came in on the 9th stayed for four days. The detachment having come from Tripolis left again on the next morning. And the other detachment, having come from Aegion, stayed for four days.
Q Did the detachment which stayed in Kalavrita for four days harm you or any of the other inhabitants of Kalavrita?
A No, they didn't do any harm to mo, neither to me nor the other inhabitants. The only thing, they looted all the stores and shops, emptied them completely and took away about 30,000 different pieces of cattle, oxen, goats and sheep etc.
Q Did you and the other members of the Kalavrita population food these troops, and did you give them clothing during that four days' stay?
A Yes, we gave them food and clothing and many of them who were sick, had their frozen limbs, we took care of them in a special way.
Q Why did you do that for them? Weren't those men your enemies?
A The history of Greece, all our traditions and the policy of the Greek army where I was a master sergeant, has taught us to treat anybody with hospitality and even the enemy as they came in and were not fighting- we had to treat them according to our traditions in a very friendly way.
Q Did you know to what unit these man belonged, the men that stayed in your village for four days?
A I don't know exactly; it may be that they belonged to the SS but I don't know it. The only thing I know-- that they wore members of the German army.
Q How did you know that? What color uniform did they wear?
A I know of this because I have been for five years a soldier, so I know about the uniforms and besides that they were the single soldiers being left in Greece because the Italians had left already.
Q What color were their uniforms?
A Green, some were green and with the usual German cap.
Q Witness, did you yourself entertain German members of this detachment in your own house during that four-day period in which they remained in Kalavrita?
A Two officers I kept in my house.
Q Did you feed them?
A I fed them in the best way I could, as I would have fed every stranger. They were very much satisfied and when they left I gave them fruits, apples, and a bottle of old wine, which was famous, the old famous wine of Kalavrita. They thanked me for this very great hospitality and told me that they would leave in the next morning.
Q On the next morning, witness, what time was it when you and the rest of the population of Kalavrita were gathered together?
A They started to gather us about 6:30 and this action was completed about 8:30. Everybody then had gathered - about four thousand people.
Q Did you live with anyone else in Kalavrita at this time?
A I was living with my mother and my sister together in the same house.
Q Did both your mother and sister join you in marching away with the rest of the people of Kalavrita?
A My sister followed me but my mother, as she was sick, suffering of rheumatism, could not leave her bod so she remained in the house in her bed.
Q How many people were gathered together in the group that marched away to the school building?
AAll the inhabitants, approximately 4,000 people,
Q How many man were there in the gathering?
AApproximately 1,500.
Q Were all of the men taken away from the school building to a place where the shooting occurred?
AAll men wore taken away with the exception of a few very old men who succeeded to hide among the women and joined them in the rooms of the school building.
Q What did you and the others do at the place where the shooting occurred before the shooting began?
A We were just sitting there and standing and could not escape because this point had been chosen very carefully. It was a very steep mountain going down abruptly to a precipice and about three days before the German soldiers had walked around in order to find out this very strategic point.
Q Could you see the town of Kalavrita from the place where the shooting occurred?
A Very well. I could see the town very well.
Q Did you at any time see the town in flames?
A We just saw the town like an amphitheater and we saw the flames arising from all points.
Q Were you able to see your mother from the place where you were standing?
A Yes, I could see my mother very well. One of the neighbor women had taken ear out with the bod and she was in the garden, and so I could see her very well.
Q How far away was this? How far away were you from the town?
A From the last house of the town we were about 7 to 8 minutes away.
Q How many guns did you see at the place where the shooting occurred?
AAt the beginning I could see only one machine gun that was directed with its mouth towards us but then they turned it away as if no parole would be for us but at the time the shooting began it must have been about eight or ten machine guns.
The witness wants to point out an event that took place there when they were standing and waiting. I was sitting together with tho manager of the National Bank of the Bank of Athens and the manager of the Public Treasury and at one time the Germans came and took them, all throe of them to the town of Kalavrita. After half an hour they brought them back and then I asked the director of tho National Bank for what purpose they had taken them to tho town. He answered me that they had to open the banks and the treasurers and deliver all money and besides that plenty of quinine that tho Red Cross had sent to the inhabitants of the whole district of Kalavrita and that they had been keeping in a safe.
Q. How many German soldiers did you see at the place where the shooting occurred?
A. About 1,500.
Q. You stated that you saw a rocket explode over the town of Kalavrita. Do you remember what color that rocket was?
A. It was light blue.
Q. That did you do when you saw the rocket explode-the first thing that you did?
A. The first thing I did was to fling myself on the ground because I was afraid that something terrible would happen and I covered myself immediately with my coat.
Q. Did the shooting begin then?
A. Yes, the shooting began Immediately from the front and from the sides.
Q. Did you remain lying down until the shooting stopped?
A. Yes, I was lying down constantly until four O'clock without moving but I kept my senses aware and more aware than I can say I am now.
Q. How many wounds did you receive during the shootings?
A. Two wounds: one on my leg and one on my head.
Q. Were you bleeding from those wounds?
A. Yes, I was deeding very much indeed.
Q. Do you remember how long it was after the shooting stopped before the women came to you?
A. About ten minutes.
Q. Did you at any time walk around and look at the rest of the bodies lying around at the place where the shooting occurred?
A. Yes, I walked around and two women were holding me because I was too weak to walk be myself and then I saw the corpses and I saw four priests whose faces had been mutilated.