Beyond that, Jews turning away from the walls were instructed in the "correct position" with kicks and rifle butts.
"In the afternoon, they were embarked on several old barges. Anyone could see that they were not fit for an extended sea trip. German sailors standing around in the port area told me when I questioned them that a rather long trip was not intended but that the situation would have been taken care of after a few sea miles. I could not get any more detailed explanation. On the occasion of another visit to the Dental Hospital a few days later, two sailors, stating that they had been on the barge with the Jews, told me voluntarily that the vents on the ships had been opened at some distance from the Island. They themselves had returned to Rhodes on the life boats and the ships with the Jews on board had been left to their fate which means that all passengers were drowned. Unfortunately, I was unable to ascertain the names of these two sailors.
At that time, that is in June 1944, Major Matthes was the Commanding Officer of the IV Artillery Battalion, to the staff of which I had been assigned and which was located in the village of Psito. Before the war Matthes was a Protestant minister in Erfurt and is now a prisoner of war in British custody in Egypt. As far as I was able to ascertain he did not participate in the deportation of the Jews.
"In June 1944, the battalion mentioned above was subordinate to the 677th Artillary Regimental Staff for special purposes which was located in the village of Peveragno. Colonel Weissenburg was the Commander of this Staff. According to my investigations Weissenburg also does not seem to have participated in the operation described above.
"This regimental staff was in turn subordinate to the staff of "Assault Division Rhodes" mentioned previously. Its Commander was Major General Kleemann who also has been mentioned above (simultaneously Commandant of the Island of Rhodes and Commandant Eastern Aegean.)
To the Eastern Aegean Sphere of command belonged besides Rhodes the Islands of Skarpanto, Caselrosso, Simi, Calchi, Nisirio, Piscono, Coo, Leros, Samos and others. The above mention d order to the Jews was signed by Kleeman and he may have been primarily responsible for the deportation described, although he may have received orders for it from the two SS Officers. In August 1944, Kleemann was promoted to Lt. General of Panzer Troops and transferred from Rhodes to the Southeast front. The last time I heard of him was in the OKW report of about January 1945 which stated that German troops under the leadership of General Kleemann had repelled thrusts of the Soviet troops in Hungary.
"The "Assault Division Rhodes" belonged to Army Group E, the Commander of which was General Loehr, A few months age, Loehr was sentenced to. death and shot in Belgrade for war crimes committed in Yugoslavia. I doubt that Loehr had ordered the deportation of Jews from Rhodes for as a Luftwaffe General he would certainly not have sent two SS Officers to transmit his orders.
"The soldiers employed to guard and confine the Jews belonged to a battalion of the Grenadier Regiment Rhodes (also Assault Division Rhodes). Its Commanding Officer w;as a Colonel Schulenburg (or something like that). I can no longer recall the number of the battalion concerned nor the name of its commander. However, Herr Gottfried Spachnolz who is now living in Bamberg, Weide 3 will be able to name them, and also many details regarding the deportation. -- Spachholz was also assigned to IV Battalion 999 and, since he is a painter and sculptor by profession, he was detached to the city of Rodi for the purpose of painting pictures, etc. There he lived in the museum. At the time of the deportation Spachholz was constantly in Rodi and he is in a much better position than I am to give information regarding the whole affair.
Furthermore, due to his good knowledge of Italian, he had good personal connections with many residents and he can surely give the names and addresses of many Italian and Greek civilians who will confirm the events depicted above.
"After the deportation, in order to counteract rumors, German officers and other superiors spread the story that the Jews had not been drowned but had been taken to the Island of Coo.
"Though during the following mouths and later as a British prisoner of war in Egypt, I had asked many soldiers formerly employed on Coo regarding this, no one could confirm that Jews from Rhodes had ever arrived in Coo.
"As a supplement to the deportation, I should like to make the following statement:
"After a part of the German Occupation Troops on the Island had been evacuated and after the withdrawal of the German troops from Greece in the fall of 1944, starvation began on Rhodes, due to supply difficulties the effects of which also were felt by the German troops still remaining on the Island. The Staff of the IV Battalion of the 999th Regiment at that time was located again in Psito. One day, I found on the desk in the room of our adjutant and Nazi Indoctrination officer, one 1st Lt. Prunsch from Jena, a report comprising a few pages marked "secret". It was signed by Brigadier General Wagner who was a commander of the then existing "Panzergrenadier Brigade Rhodes" and simultaneously, Island Commandant and Commandant Eastern Aegean. Among other things, in this report Wagner said that the had ordered Lieutenant Guenther to use the property, which had been confiscated and secured several months ago from the Jews who had been deported, for the purpose of exchanging it with the local shop-keepers for food stuffs. However, Wagner pointed out simultaneously that this bartering had to be done cleverly since the International Red Cross at that time supplied the civilian population of the Island with food.
Furthermore, in this directive Wagner obliged everyone to keep strict silence regarding the origin of the articles to be bartered. Nevertheless, German soldiers employed as drivers told me that such business has been done.
"The former Brigadier General Wagner, according to information received by me, is still in an Officers' prisoner of war camp in Great Britain. I do not know where the former Lieutenant Guenther is at present. However, he will probably still be in British custody either in the Middle East Command Area or in Great Britain.
"After the German Wehrmacht surrendered on 8 May 1945 British troops occupied Rhodes. I myself left this Island on 24 May 1945 and was sent to Egypt as a prisoner of war.
"I have read each of the 8 pages of this affidavit carefully and countersigned it by my own hand. I have made the necessary corrections in my own handwriting and initialed them. I herewith declare under oath that I have told the whole truth in this statement according to the best of my knowledge and conscience.
Signed: Erwin Lenz.
"Sworn to and signed before me this 10th day of May 1947 at Berlin, Germany by Erwin Lenz, Berlin-Zehlendorf, Hilssteig 7, known to me to be the person making the above affidavit. Henry Sachs."
And then turning to page 49 of the Germand and 64 of the English, NOKW-649, which is offered as prosecution's Exhibit 486 in evidence. Yhese are reports from the military Commander Greece to the Military Commaner Southeast for the period June and July of 1944. Political Situation -- the first one is dated 13 July 1944 and covers the period from the 16 of June to the 15 of July, and the author seems to have been anticipating himself by a day or two, but that is the way the original reports reads.
"The attitude of the population is dependent on the same influence as before; the economic and war situation. Since economic difficulties are increasing, and the war situation is judged unfavorable to us, the attitude of the population, even more than before, is partly waiting, partly hostile.
The ob scurity of the overall situation causes wild rumors. The keen fight of the government against Communism as expressed by the propaganda operation from 12th to 22nd of June has not left an enduring impression on the population, because the authority and the area of influence of the government is limited and because the population restrains it elf, because it is afraid of communist terror. However, the point of view gains ground that Bolshevism means death for the independent national and economic life of Greece. The proclamation of the Peloponesus as a Soviet Republic has strengthened that anti-communist front. On the other hand, it proves the growth of the communistic power. It is gen rally believed that it will not take long before the war has been decided against Germany. The fear of seeing the homeland transposed into a heap of ruins as, for example, in Normandy, dampens the desire for an Anglo-American landing in the Greek area. Further internal disunity. The battle for political leadership did not permit either agreement between the Greek government in Cairo and the Reich Foreign Minister, nor between individual parties and the bands. Opposing views even led to combat between national and communist bands. Notwithstanding all -- the national Eam movement.
"The limited allotment of moneys to the Wehrmacht has the effect of reducing production generally. Concrete: Production decreased Ca. 300 tons to 7,095. Value of production of explosives: 36.150 milliards drachmas. (Previous month: 76 milliards drachmas) Wehrmacht orders in manufacturing plants: 1.17 billions drachmas. (Preceding month: 1.4 billions drachmas). Felled..." That should be 3,000. "3,000 cubic meters of wood, 1.500 cubic meters cut up. Delivered to the Wehrmacht, 600 tons of iron and metal products. 127 tons of iron bars produced in electric furnaces.
"Mined 2932 tons of chromium ore, transported to the Reich 3076 tons.
230 tons of lead ore was mined. Shipped 700 tons of zinc concentrates. Mickel mining further non-existent because of the destruction of the mine. 2 concrete ships with a displacement of 350 tons put in commission.
"Coal imported: approximately 4,700 tons. Fuel supply of the Elt-factory in Athens for 4.94 days. Production of current in July reduced to a daily average of 327 ,366 kilowatt hours.
"Export of war eseential bottle-neck goods from the Peleponnesus 6 railroad cars of cotton shipped.
"Labor employment "Due to the wage and food situation deteriorating, labor employment causes difficulties.
For the first time railroad employees also show serious unrest. For financial reasons, substitution of additional rations by money impossible.
"Recruitment of labor forces for the Reich territory continues to the same extend as before. 1590 newly recruited labourers and many people on leave were sent to the Reich territory in 3 transports in June. Concurrently a first attempt to send labour forces by compulsion from the Peloponesus for employment in the Reich. About 600 men are ready. Transport will take place in a few days for "Reichwarke Hermann Goering" Iron-ore mines. A final ruling has been made with regard to the care of persons hurt in the services of the Wehrmacht. It is intended to pay full wages and rations if completely disables; minor disablement will lead to a corresponding reduction of wages and rations.
"Replacement situation unchanged.
"Distribution: see draft only". And it is signed "Scheurien."
There is another report dated the 13 of June 44, and it covers the period from 15 May to 15 June; and again it is from the Military Commander Greece, and it is addressed to the Military Commander Southeast.
"Political situation.
"The crisis in the Greek government was the focal point of the internal political situation. The unavoidable arrest of the Commander of the Evson units, General Detrilis, who was proven to side with the English, further, the resignation of the Minister of the Interior, Tavularis, which had been forced on the Minister President, but, still more it was the search of the Greek Defense Ministry by the SD which caused the Minister President to want to tender his resignation. Since, according to the interpretation of the military commander of Greece, a change in the state leadership was not desirable at this point, the Minister President was made to remain by the special plenipotentiary of the Foreign Office, who was present in Athens during the government crisis. As far as the outside world was concerned, the Minister President took over the leadership of the Ministry of Interior, but in reality, it was under the former Prefect of Patras, Bakojiannis, under the designation of "Director General for the Security". He is an energetic personality friendly to the Germans.
"The declaration of the Peloponesus as a combat zone caused great unrest among the population. This was due to the choking measures which were published by the 117th Jaeger division in the press on 20 May and which would amount to a complete cessation of the economic life. The food for both the population of Peloponesus and for the big cities, Athens, Piraeus, had become problematical by this measure. Furthermore the valuable deliveries of the Peloponesus for the German armament industry would come to a stop. As a consequence, recruitment of labour for the Reich further successful.
"From 1.5 to 1.6.44 inclusive, 1747 labourers were sent to the Armament industry in the Reich in 3 transports. Compulsory deportation to the Reich, in particular from the Peoloponesus, will take place soon in addition to voluntary employment. LXVIIIth Infantry Corps has issued orders to hold in readiness people suspected of belonging to bands and hostages, for deportation to Germany. This labour is em ployed in Germany in closed working camps.
"Eistribution of 1 million leaflets explaining the measures which have become necessary by declaring the Peloponesus a combat zone.
"Distribution of 11,000 picture posters regarding the murder of 3 Greek farmers for enlightenment regarding communist atrocities.
"Comments of daily events and on special report by radio. Increased use of whispering propaganda which promises success considering the mentality of the Greeks.
"In connection with the propaganda welfare of the members of the Italian Wehrmacht, the propaganda echelon publishes the weekly Italian paper, "Radiofante", which has an edition of 20,000. It publishes the daily information report "Del Frenti e dela Patria", with an edition of 3,000. The weekly paper, "Working Greece", published in the Greek language, with an edition of 39,000 has proven the best propaganda medium among the whole working population. It is primarily distributed in factories working for the German Wehrmacht.
"X. Replacement situation: Unchanged."
And then follows a distribution list: Military Commander Southeast; Commander-in-Chief Army Group E; Higher SS and Police Leader; and then certain copies on the premises; and it too is signed the same as was the one before.
JUDGE CARTER: The Tribunal will recess until 9:30 tomorrow morning.
(The Tribunal recessed until 0930 hours, 21 August 1947.)
Court No. V, Case No. VII.
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 21 August 1947, 0930, Justice Wennerstrum presiding.
THE MARSHAL: Persons in the Courtroom will please find their seats.
The Honorable, the Judges of Military Tribunal V.
Military Tribunal V is now in session. God save the United States of America and this Honorable Tribunal.
There will be order in the Court.
THE PRESIDENT: Mr. Marshal, will you ascertain if all the defendants are present in the Courtroom?
THE MARSHAL: May it please your Honor all the defendants are present in the Courtroom.
DR. LATERNSER: Your Honor, the Tribunal yesterday asked the Defense what time was necessary for the defense before presenting the case to chief after the Prosecution has closed its case. Your Honor, I am in a position to give you the answer of the Defense after discussing it with my colleagues last night. I shall be grateful for being allowed to speak for a couple of minutes in order to explain to the Tribunal the view point of the Defense. Merely telling the time could not be satisfactory to the Tribunal if I could not at the same time share the position of the Defense.
Your Honor, the main source of material used in this trial is constituted by documents in the hands of the United States Army. That this view is correct the Prosecution will be the last to deny. The Prosecution used this material almost exclusively in presenting its case. This documentary material however has the same importance for the Defense. I want to show this importance to the Tribunal by a very brief example which I take it is typical for most of the defendants. Field Marshal List is charged with an order of 5 September. As his Defense Counsel I want to prove that this order was necessary from the military point of view.
In order to show to the Court the military necessity of this order I have to prove the development of the situation which necessitated such an order but I can only do that if I am in possession of that documentary material which includes those daily reports which referred to the time preceding this order. And, this material is stored in Washington. The ruling of the Court has enabled the Defense to obtain this material in Washington and I hope that the journey may soon start. The trip of the Defense necessitates the necessary time in order not to make it elusory because, your Honor, after the return of my colleagues from Washington the evidence must be looked through by Defense Counsel and must be correlated to the documents of the Prosecution and must be copied, mimeographed and translated.
In order to carry out this procedure the Defense certainly needs four weeks, beginning with the day of the return of the deputies sent to Washington. Your Honor, I certainly see that this will bring a delay in the course of the proceedings here but this is unavoidable. I only want to point out that the Prosecution has prepared its case for at least one year and it only started its proceedings when they had finished their preparations. It only seems just then if the Defense obtains the period of time asked for in order to make preparations on its part which would be an approximate but certainly not an equal ratio of the preparation of the Prosecution. Only then can I carry out my duty as defense counsel in a proper way.
Your Honor, may I point out shortly the following circumstances which also have proven to be obstacles in the way of the Defense:
1. I believe all those concerned in this trial have found out how strenuous the proceedings during the last few weeks have been.
The Defense Counsel only had the hours in the evening between 1800 and 2000 hours to talk to their clients and because of the heat prevailing the whole time of Prosecution's case it proved of a special hardship to the elder defendants. During the evening hours only those questions could be discussed which followed from the matters discussed during the day. Proper preparation for the defense during that time was made extremely difficult. I believe, your Honor, that the extent of this obstacle can only be properly judged by those who know by personal experience, the rooms in which these discussions are carried out. These rooms, without wanting to exaggerate, develop the hear of incubators especially in the evening.
2. Already in the beginning of this trial I had pointed out that the defense had difficulties in procuring evidence material because of the fact that several camps have been dissolved, and people interned there have been released and transferred to other camps. Many witnesses had different addresses making it difficult to find out their right addresses. For instance, I had a letter yesterday from a witness who in the meanwhile had been released and a letter sent to him by me in the Middle of July was received by him only on the 14th of August. Witnesses who live in Austria have so far answered in only one case. As to witnesses in Jugoslav capacity I do not know whether they will appear here also this has been approved by the Court. If that is not the case I must try to met substitute witnesses.
Your Honor, all these reasons which I only summarize will clearly show to the Tribunal the situation in which the Defense finds itself. For that reason it seems fairly justified that the Defense must count on presenting its case at least four weeks after the return of its deputies from Washington.
That is all I have to tell the Tribunal regarding this point. I assume that one of the other of my colleagues want to say something concerning this problem - I don't know that.
DR. GAWLIK: Your Honor, regarding your ruling about this motion I should be grateful if if you would especially consider my position. For I have only taken over the defense of the defendant General Dehner a couple of weeks ago. Without any preparations I entered these proceedings. I did not make a motion for postponement at the time because I did not want to delay the presentation of the Prosecution's case although I could hardly reconcile this with my duty as a Defense Counsel. Now, however, it is not possible for me to act as Defense Counsel in a proper way if the motion moved by my colleague Laternser is not granted. I now have to acquaint myself with the whole material contained in these proceedings.
THE PRESIDENT; Does the Prosecution have any statement to make? And, in connection with any comments that you mint make, Mr. Denney, I think the Tribunal would be interested in knowing what, if any decision may have been reached relative to the ruling as to the production of documents which we here before made.
MR. DENNEY: Well, with reference to the document, that goes through the Secretary General, your Honor. And, as I understood the Tribunal's ruling it varies somewhat from Dr. Laternser said. I understood that there were two primary alternatives, one that the people be allowed to go to Washington, or, two, that the documents which they asked for be brought here. Dr. Laternser throughout his statement this morning, at least as I listened to it, assumed that the people were going to Washington, the people were going to get into G-2 Section of the Pentagon Building.
That is something we don't have anything to do with. We just don't go to G-2 in the Pentagon Building and that application was made, the Tribunal approved it, and the order was sent to the Secretary General. As I understand it they are inquiring into the matter now and I would like to clarify it that we can't say, "let them in", and they will let them in. That is something to be decided by them.
JUDGE CARTER: I wonder, Mr. Denney, if you really have the right conception of this. I don't think the submission to the Secretary General is the answer. The Prosecution here has produced part of these instruments and when the Prosecution does that I think it is to be assumed that it is the duty of the Prosecution to produce the whole instrument and unless the Prosecution does that the presumptions referred to in the order will be indulged in and I don't think it's a complete answer that the Secretary General has been asked to pass judgment on it or to see what he can do. I think it is deeper than that. When the Prosecution brings in portions of an instrument I think it's their duty to make available the whole instrument to the Defense and it is the Prosecution's duty to see that this thing is done. I don't see it is contingent upon favorable action by some other group or individual. Do you see what I mean.
MR. DENNEY: I understand what Your Honor said and I will be very glad to take it up with General Taylor.
THE PRESIDENT: In other words there has been no decision. Is it in the process of being considered what action is to be taken, whether you endeavor to work out some plan or let the chips fall where they may.
MR. DENNEY: As far as I know, Your Honor, they are trying to ascertain what the document is that would be necessary to bring over here, whether or not it can be brought over, or an alternative whether some arrangements can be made to take people over there. I heard last night possibly there may be some microfilms some place in Europe in connection with these documents. I heard it for the first time last night. We have never seen any microfilm copies and if those microfilm copies prove to be here and if they are adequate perhaps arrangements can be made. It is my understanding that they are in the hands of another government. So far as I know, they are doing everything they can to develop that as well as possible.
THE PRESIDENT: May I ask Dr. Laternser another question. If the documents are not brought to Nuernberg or if the arrangements are not made for counsel to go to Washington, how much time do you feel that counsel for the defense should have?
DR. LATERNSER: Your Honor, have I understood you correctly that if we did not obtain the documents and that we could not go to Washington, how much time defense would require, if I understood you correctly?
Your Honor, may I ask you to repeat this question in order to obviate any misunderstanding?
THE PRESIDENT: If arrangements are not made for the production of the documents in question by their being brought to Nuernberg, or if arrangements are not made for counsel representing the defense to go to Washington, then how much time would you feel you should have between the close of the prosecution's case and the beginning of the defense?
DR. LATERNSER: Your Honor, I must quite frankly say that I have not reckoned on these accumulated refusals and therefore have not thought about the possibilities because I took it to be quite certain that either one way or the other could be taken.
If those possibilities would be closed to us, first of all I would have to determine whether I would be in the position to continue my defense because I then must arrive at the assumption that if defense and prosecution do not enjoy the same rights the Court in view of the defense can never arrive at a just judgment. In that case I would have to think whether I could continue with my defense at all.
THE PRESIDENT: I think it should be kept in mind, Dr. Laternser, that there was a third alternative in connection with the Court's ruling relative to the matter of the consideration which the Court would give to the documents which have been presented. And, as to your last statement, I don't know what the attitude or responsibility of counsel is in a German court but in an American court a counsel cannot leave a case and we would hot look with favor upon such procedure or such an attitude. As has been suggested by Judge Carter in a brief conference here, the third alternative is in the nature of a penalty to prosecution and is really more beneficial to the defense than you apparently appreciate.
DR. LATERNSER: Your Honor, may I thank you for pointing this out to me. In that case I would have to confer with my colleagues about the third possibility on which we certainly did not count.
THE PRESIDENT: I am wondering if perhaps ten days time after the adjournment of prosecution's case would be sufficient time for you to prepare for the opening of the defense.
DR. LATERNSER: I am afraid ten days would not be sufficient. In that case, in my view, four weeks would have to be considered.
DR. SAUTER (Counsel for the Defendants Lanz and von Geitner): Your Honors, I am now considering the third possibility of which your Honor was just talking. I am thinking of the case that the Prosecution cannot procure the missing documents and, apart from that, none of the delegation of the defense counsel can go to Washington in order to obtain the material. I am thinking of the case of the Court's covering the incompleteness and incompetence of the document army evidence of the prosecution on which it has to draw its conclusions; and I am asking myself now, if we consider this third possibility, how much time will be needed in order to enable the defense counsel and the defense for preparing themselves.
Now, we have to consider the following. In view of the fact that the whole case is concerned with happenings in the Balkans, we are forced, to a great extent, to procure our evidence by correspondence with foreign countries. That means tremendous slowing up in the preparation of our case. It goes without saying that we defense counsel worked on this preparation not today and yesterday; that we started on this preparation when the proceedings started the replies from abroad, at least as far as my experience goes, arrive late and an extraordinary time elapses, and experience has taught me that the material which we received from abroad cannot be used in the form it is sent.
Then considerable correspondence starts to and fro because the material sent by the witnesses has to be put into the shape of affidavits and that uses up a great amount of time. We defense counsel, because of our personal interests and the interests of the defendants who have been imprisoned for two and a half years now, would demand that from our side, too, the trial is speeded up as much as possible and were personally would be glad if we could conclude this trial as quickly as possible; but in apportioning the time which the Court will grant to the defense counsel, would ask you to consider these particular difficulties because they result from the peculiarities of our case.
May I point out something else, your Honors. We all, the Tribunal and we, are interested that the defense of every individual defendant is presented in an absolutely uniform way and complete form. If we hurry the proceedings there is the danger that important evidence is procured. Weeks after the case of List, for example, is concluded, there is a formal possibility to present later on such evidence which arrives later but, in the interests of the matter and in order to make everything as clear as possible, it is not right if the complex of the defense of one of the defendants is torn up in so and so many parts.
For that reason, Your Honors, I believe it would be in the interests of a certain speeding up if in apportioning the time which you are now granting to the defense you would be a bit more generous in order to enable us sooner to present the material to you in a complete way.
THE PRESIDENT: Dr. Sauther, you may have misunderstood me. I did not make any definite ruling concerning a period of postponement. I merely made an inquiry and suggestion. I think perhaps we should have some statement from the prosecution as to when, if at all, they are going to be in a position to state or elect as to what courses they are going to follow.
MR. DENNEY: I believe, your Honors, I can advise the Court, possibly at the beginning of this afternoon's session, with reference to what is planned so far as the documents are concerned.
THE PRESIDENT: I do not know that that early an answer would be necessary. Perhaps by tomorrow morning it would give you more time to confer with the authorities with whom you will have to deal.
MR. DENNEY: Very well, your Honor. I will be glad to do so.
THE PRESIDENT: And with that in mind the court will not make any decision until such time as the prosecution may care to make any further statement.
We will pass on to another matter at this time and the Tribunal, wishes to read a statement which was presented to me just this morning. It is a communication from LeRoy H. Watson, Brigadier General, United States Army, Commanding the Nurnberg Military Post, Office of the Commanding General.
"Subject: Policy of Confinement of all Prisoners in the Nurnberg Prison.
"To: Colonel E. J. Ray, Secretary General for Military Tribunals, APO-696-A, U. S. Army."
Paragraph 1: "It has come to my attention that you sent a letter to my office with reference to the policy of confining German prisoners in the Nurnberg prison and that in the reply sent to you some of the statements made with reference to our policy in this matter were in error. Furthermore, the reply of this office to your letter was read to the prisoners in one of the cases now being tried and included in the written record of the case."
Paragraph 2: "I am, therefore, writing this letter to you in order to clarify this matter and to make perfectly clear to all concerned the policy regarding confinement of prisoners in the Nurnberg prison. I request that a copy of this letter be given to the judge concerned and that it be read into the evidence of the trial over which he is now presiding in order to correct the error made and to clarify the policy."
Paragraph 3: "The policy is as follows. It is my desire not to place more than one prisoner in a cell except under the conditions stated below:
"(a) If it is necessary to care for more prisoners in this prison than I have cells, obviously I will have to place more than one prisoner in some of the cells.
"(b) If the evidence presented to me indicates or if I have reason to suspect that a prisoner who has been indicted might commit suicide, I will place another prisoner in the cell with him in order to aid in preventing his suicide.
"(c) Most prisoners do not like solitary confinement. Accordingly, is any prisoner desires to be placed together in the same cell with another, he may submit an application to the prison officer and this application will receive due and humane consideration by me."
Signed: "LeRoy H. Watson, Brigadier General, U. S. Army Commanding."
This communication is read for the purposes of the record.
THE PRESIDENT: You may proceed, Mr. Denney, with the presentation of further documentary evidence.
MR. DENNEY: May it please your Honors, we are still in Document Book 21 and I believe the last exhibit yesterday was 486. The first exhibit today is on page 57 of the German and page 70 of the English and is 1279PS. These are various papers in draft having to do with an order which was ultimately issued from OKW concerning the treatment of foreign military missions who were captured with partisan groups.
The first one is from the General Staff of OKW. That is the operational staff of OKW and is dated 22 July 1944.
"Subject: Treatment of members of foreign "military missions" captured with partisan groups.
"Minutes of a meeting.
"The Fuehrer has decided that members of Anglo-American and Soviet-Russian so-called "military missions" captured in the partisan fighting in the Southeast arc to be treated in the same way as those taking part in a commando operation and not as prisoners of war."
This is No. 487, your Honors. It is on page 70 of the English, 57 of the German, and the document number is 1279-PS.
"Independently of the above, the AG. Ausl. the following inquiries made by the RSHA-Military Section -- has put forth for decision the question of how British and American soldiers, captured with the partisan groups should be treated.
"The following are the resulting opinions:
"a) Commander-in-Chief Southeast "The members of Allied military missions arc to be handed over to the SD, should the opinion below (b) be inapplicable.
"Supreme Command of the Armed Forces/Prisoners of war general in conjunction with Supreme Command of the Army/Army General Staff/Allied Armies in the West and Armed Forces Operations Staff.
"Treatment as prisoners of war" -- and this is the "b" part here, the one that is in the original. It appears out in parenthesis to the left in the English copy.
"Treatment as prisoners of war in accordance with Order: Armed Forces Operation Staff/OP (Army)" and it gives the date.