1) He who even supports the insurgents or their accomplices:
by means of arms and ammunition by erecting road blocks, by destroying bridges, by giving food, by transmitting information, by providing transportation, or by any other manner, will be shot.
2) He who even carries fire arms, pointed weapons, hand brenades or other weapons, will be shot.
4) The communities in whose area arms and ammunition are found, in whose area road blocks or destroyed bridges are found without being prevented or immediately averted on by you, in whoso area other hostile acts occur, will be severely punished by the burning down of houses and shooting of inhabitants.
For every German soldier killed 100 inhabitants will be shot. (handwritten) 2 Don't permit yourself to be deceived by Communist leaders or other ambitious leaders.
The German Wehrmacht is strong and victorious. Armies of millions of your alleged friends in Russia have been destroyed with their entire equipment.
The rest is being destroyed.
Petersburg and Moscow are about to fall.
The German Wehrmacht is also in a position to break all resistance in Berbia.
Beware of heavy penalties. Keep peace.
The German Commandant And then the stamps which appear below are self-explanatory.
The note to the 342nd Infantry Division, Tactical Group of the General Staff.
DR. LATERNSER: Your Honor, I object to the proclamation to the Serbian population which has just been read. First of all this proclamation isn't signed. These again are three typewritten sheets of paper, without a heading, or a signature, from which no one could see who issued this proclamation. Attached to this document-
I object to the introduction of this document. This again is a document which is neither signed nor has a heading from which one can see who issued it. Attached to it is the photostat copy, of the back side of a cover originating from the Commanding General (KdB) od the 342nd Infantry Division but there are two other proclamations attached to it which are different from what the Prosecutor has just read. Whether these things belong to each other, I do not know it and also the certificate which is attached to these documents does not state any connection for this certificate only speaks about one "Proclamation to Serbians."
MR. DENNEY: The certificate recites 6 photostatic pages which is the number of pages here and again as has been the practice before, we are offering only so much of it as we think is relevant. The cover of which he speaks is a photostatic copy of the back, the binding, of the diary, from which the papers were taken, the diary of the 342nd Infantry Division; the date is 12 October, to 31 October, covered by this period of the diary from which these parts are taken, the captured documents. Perhaps Your Honor would like to see the photostats which we have here.
DR. LATERNSER: I would like to state again the attitude of the defense that from each document it must be seen whether it has ever been signed and who sipped it. Since this isn't the case I must protest against it.
THE PRESIDENT: This Exhibit comes within the category of similar exhibits which have been found as captured documents, a portion of which is a printed proclamation and under the rules of procedure by which these Tribunals were set up, documents of this character, as this Tribunal understands it, are to be accepted in evidence. We appreciate that it is not shown who signed it but it will be accepted for such probative value as the court considers that it merits. The objection will be over-ruled.
MR. DENNEY: The next document which appears at page 78 of the German text and page 103 of the English text is NOKW 226 and is offered as Prosecution Exhibit 107. In this document I would appreciate if Your Honors would first turn to page 105 which is the third page of the document.
May I see the document for a moment, Dr. Laternser?
If Your Honors will look at page 105 which is page 77 in the German. This is a communication from the defendant List, Wehrmacht Commander, Southeast and Commander in Chief of the 12th Army and one enclosure is recited which recites one incident. It is dated 6 October 1941 and the enclosure will follow. The letter is addressed to the Commending General-Plenipotentiary in Serbia, Boehme, and the letter is signed by Field Marshal List.
It says:
The enclosed incident is to be investigated.
I am under the impression that the procedure in this case is a mistaken one. The dismissal of the farmer (page 2) , and that, if Your Honor pleases refers to the original German, was wrong. What reprisal measures have been ordered against the inhabitants of Grabovac for the sawing through of the telegraph poles?
Then turning to page 156, page 76 in the German. This is the report which Field Marshal List enclosed with his letter to General Boehme. This report is dated 27 September 1941 and it is made by Oberwachtmeister (Master Sergeant) Below. The subject is: Sabotage on telephone Lines Obrenovac-Valjevo during the night of the 25 and 26 of September 1941. The report states:
On 21.9.41 I received the order to repair the destroyed telephone lines Obrenovac in the direction of M1. Borak with 2 telephone construction detachments and 1 Infantry Platoon as construction security.
According to the reconnaissance of the 6th Company about 60 poles were sawed through, about 28 fields were cut and the telephone wire or most of it had been taken away.
On 25 September 1941 the line was ready for operation again up to Brgule. South of it 10 poles had already been laid out for further construction.
When I went to the construction area in the morning of 26 September 1941 I found a new place of sabotage 3 km. south of Obrenovac. 10 poles were sawn through, 1 pole had been 4/5 sawn through, the wires were cut and the insulators were broken. The railroad tracks with their sleepers had been torn from the railroad bed. Since I had along with me railroad workers for switch work at the railroad station of Brgule I employed these to repair the tracks.
After the detachments had been employed for repairs on the new scenes of disturbance and the tracks were made usable for traffic I reconnoitered the line in the direction of the railroad station of Brgule. There I found the second new scene of disturbance, 3 1/2 kilometers south of the railroad station of Stubline. Here 40 poles were sawn through, the lines were cut and the insulators were broken. Here also the tracks were torn out for 2 x 50 meters and were lying next to the railroad bed. At this place on 25 September 1941 I, with my construction detachments, had newly wired 22 fields and had put in again 3 poles.
According to statements of farmers working in the fields the sabotage actions taken place in the morning hours of 26 September 41 between 2:00 and 5:00 o'clock. It seems that the bandits destroyed the lines simultaneously in both places where from it may be deduced that the actions were undertaken through a central office.
The places of sabotage were 9 km. removed from each other.
During the repair work 3½ km. south of Obrenovac a farmer came forward who made the enclosed statements. On my orders the farmer was brought to the police station of Obrenovac.
(signed) Below Then follows the short statement of the farmer made to Sergeant Below which was enclosed with the Sergeant's report which came to the attention of the Field Marshal and which he, in turn, forwarded with his communication to General Boehme.
The report continues:
27 September 1941, Statement of the farmer from Stubline:
The farmer, a native of Stubline, taken alone from the place of sabotage to Obrenovac states as follows:
Communists forced farmers from Grabovac to saw off the wooden bars and 10 poles on the first place of sabotage. The fellow was unable to make any further statements. Thereupon he was dismissed by the police Lieutenant Heinrich.
And, that dismissal, it is submitted, was being complained of in the basic communication forwarding the reports.
Then turning to page 78 of the German, which is page 104 of the English, is the reply of General Boehme to his Commander, Commander List, and the subject contains Ic/Army High Command No. 1807/41 dated 6.10.41 which Your Honors will see is the number the communication received in the diary of the Wehrmacht Commander Southeast by looking at page 105 where the same figures appeared. And, also, it says, dated 6 October 1941 and that is the date of the original communication.
This is directed to the Wehrmacht Commander in the Southeast and Commander in Chief of the 12th Army.
Referring to the incident above regarding sabotage on the telephone line Obrenovac-Valjevo, report is made as follows:
1. The Commanding General-Plenipotentiary in Serbia was not informed that farmers from Grabovac executed the sabotage of the telephone line on 21 September, since this report, by the senior signal communication officer was sent erroneously to the Corps Signal Communication section.
2. The 125th Infantry Regiment was ordered, during the combing of the area south of Obrenovac, to burn down each 5th house in the village of Grabovac as a result of the sabotage.
(initial) B (signature) Boehme General of the Infantry 17729/13 (illegible initial) Turning to page 78 of the German and 103 of the English text, the first page of Exhibit 107 is offered; this is a further communication from the Plenipotentiary Commanding General in Serbia to the defendant List dated 20 October 1941 and the same basic number appears in the reference, 1807/41 and the date again referring to the original communication from Field Marshal List and this time a subject has been added and it states:
"Reprisal Measures Grabovac." The communication is again addressed, as was the communication of one week earlier, to the Wehrmacht Commander in the Southeast and the Commander in Chief of the 12th Army.
In addition to the report here, dated 6.10.41 it is reported that the village of Grabovac was burned down entirely and 73 inhabitants were shot to death by the 125th Infantry Regiment (handwritten) since shots were fired on the unit from this village.
Again turning to page 79 of the German text and page 109 of the English text, Documents Nos.
NOKW 1074 and it is offered as Prosecution Exhibit 109 in evidence. This is extracts of the war diary of the 717 Infantry Division and the period with which we are concerned is that from July to December in the year 1941. During this period the cover page of the diary recites that the unit was subordinate to the 65th Corps which was under the command of one Bader, and was in Serbia and which in turn was subordinate to the defendant List through the deceased General Boehme. The entry for 7 July 1941 During this period the cover page of the diary recites that the unit was subordinate to the 65th Corps which was under the command of one Bader, Bader, and was in Serbia and which in turn was subordinate to the defendant List through the deceased General Boehme.
The entry for 7 July 41: "The 9th and 11th Companies, 737th Regiment under the leadership of Captain Rinkloben reached Borcane after 5 hours of climbing at 0430 hours, without contact with the enemy. In Borcane, 2 dead Serbs, some ammunition, and a few women and children were found. The Battalion is resting up there, will march back and will be transported at 1600 hours in Slatina. Borcane was set on fire, as the male population proved by its flight that it had participated in the combat."
The Daily Report: There is a note about the Honor company, of the 737th Regiment, which is to be ready for the reception of the Field Marshall, --and it is submitted that that refers to the General Field Marshall --- as well as the band of the 749th Infantry Regiment, and both of these units had arrived in Nish.
Then on the date of 21 July -- this is a report to the -partial extraction of the report to the 65th Corps -- on this date we note that the visit of General Field Marshal -- and here his name is recited -- List is progressing according to plan.
"On 20 July at 1000 hours, 11 men and 1 woman arrested by the 2nd Company of the 1st Battalion on 18 July 1941, were shot to death in Cacak by the Serbian gendarmerie under the supervision of the SS. Four men are from Caca; all the others from the neighborhood. Among the 11 men there was allegedly a top leader of the Communists in Serbia."
Then the next page is one that I don't think we need to do any more than note in passing that they report on the 6th of July that 10 houses were set on fire at Borcane and the note at the bottom of the page is self-explanatory.
Then on the following page, the Daily Report of 20 August 1941:
"One platoon of the 2nd Company of the 749th Regiment was transferred to upper Milanovac:" and then the recital about the 8th Company of the 737th Regiment being transferred, and under d "according to report of the Kragujevac District Headquarters, 8 Serbian gendarmes engaged in combat at about 0800 hours with a Serbian band at Knic (about 20 kilometers Southwest of Kragujevac). The "Jagdkommando" of the 3rd Battalion, 749 Regiment immediately went to their aid."
And the next entry: "The 'Jagdkommando' of the 1st Battaion, mentioned in yesterday's Daily Report, reached the Kablar-Height, Point 875 under the leadership of an agent towards midnight. The band was not found; however, on the heights North of the hiding place, machine gun emplacements were found. In one of them, half a box of ammunition was still left. Three persons who wanted to flee were forced by fire to stop; one of them was shot in the lungs and several suspicious persons were arrested. In one of the houses uniforms, shoes , saddles, saddle bags, belts, first aid kits, underwear, and a cap were found. In addition, uniform sleeping accommodation for 20 persons were found in the house. The house was burned down. The arrested were set free after exact identification except for one woman."
The the report of the 23rd of August, excerpt 5, states that: "The 749th Infantry Regiment reports that on 22 August at 1400 hours, 2 Serbian Communists who were arrested on 21 August by police bearing arms were then shot to death by a detachment of the 3rd Battalion and then hanged by Serbs before the Garrison Headquarters. The order for the shooting to death was issued by the competent Administrative Subarea Headquarters."
Then on the 25th: "The Higher Command orders close cooperation with the Administrative Sub-area Headquarters and the District Headquarters as well as the Serbian Authorities and the Serbian Gendarmarie so as to prevent innocent people from being subjected to measures of revenge."
Then the next page: "The 749th Infantry Regiment has carried out Operation Pohevac. Three persons suspected of being Communists were arrested and will probably be shot to death. Two houses set on fire; report follows."
And the portion for 27 August recites that: "The 3rd Battalion, 749th Regiment with two companies has set abandoned houses on fire in Bukurevac (8 kilometers west of Kragujovac) also in Dronak,"it recites "The place of yesterday's attack by bands in which one 2nd Lieutenant and three men of the "Jagdkommando", 3rd Battalion, 749th Regiment were killed. One Technical Sergeant was severely wounded and one sergeant and one private were slightly wounded. It is on march to Marsic (6 kilometers northeast of Kragujovac) where parts of the band are allegedly."
And then the report of the 28th recites "two houses of Communists burned down" and that on the 27th of August: "The Kraljevo gendarmarie arrested a man with a box of hand grenades; he will be shot to death. One Kilometer west of Kraljeveo, two haystacks burned down by unknown perpetrators. The Communist leader Petrovic shot to death, his house set on fire, three inhabitants of the house on 27 August in Rigjage (5 kilometers west of Cacak) arrested and one sniper taken care of by "Jagdkommando", 3rd Battalion, 749th Regiment. The teacher's house (Communist) burned down."
And then it recites: "Telephone line Uzice (50 kilometers West of Cacak) out. Ovcarska railway bridge destroyed. One sergeant and a private shot to death on tour of guard on 28 August by the local headquarters security at Krusovac, as he did not answer the challenge. In Vrdil 4 men with arms arrested. One of them is the brother of of the band leader Vilotovic. Three will be shot to death and their houses burned down."
And then the 4th of September: "the "Jagdkommando" of the 1st Battalion, 749th Regiment, at Zagreb (yesterday's report) 3 September at 1600 hours; traces picked up, two Communists shot to death, one of our own wounded.
Final result not yet received."
And under the Daily Report of that date: "Communists shot at salvage truck with one light machine gun in the morning of 5 September" and then they give the location. They give the German casualties: "1 sergeant dead, 6 men dead, 2 wounded, civilian assistant driver dead, interpreter wounded. Operation of the 1st Battalion, 749th Regiment on 6 September found no trace in 15 kilometer area; village destroyed at place of attack by artillery fire."
In the Daily Report of 9 September 1941 749th Infantry Regiment combed through various towns which are there set forth; on the 8th, 6 Communists shot to death and a truck of the National Guard Milanovac Landesschuetzen shot on 8 September at Rogojevac (10 kilometers west of Kragujevac) and that was set on fire by bands, "Jagdkommando" of the 3rd Battalion, 749th Regiment; a mayor and one Communist shot to death during the firing. The "Fighting discontinued on account of darkness; one soldier wounded."
The report of the 11th: "8 Communist dwellings destroyed by 1st Battalion, 749th Regiment."
The report of the 18th recites the Communist unit burning the the community archives of Vrba on the 17th; telephone apparatus was plundered there and further plunder on the night of the 18th. "The 6th and 7th companies, 737th Regiment combed through ammunition area around Mrsac and they shot at Communists' houses and then set them on fire."
The report of the 20th: "Guard of the 4th Company, 737 Regiment at the Morava Bridge arrested a man with two Serbian hand grenades and loaded pistol on 19 September and shot him in attempted flight."
The report of the 24th gives a supplement to a prior report: "A road bridge was blown up and 22 houses of known Communists at Ljubic were burned down."
And the report of the 25th I don't think needs to be read and the matter appearing on page 119 is also on the end of 118.
I might mention the last part of the report for the 25th that speaks of Krusevac, recites their own losses: 2 Captains, a Second Lieutenant and three men not belonging to the Division and some wounded; and then on the 24th, the prior day to the day of the report: "14 bandits were shot by courts martial and during operations(reconnaissance in town and terrain) 50 to 60 bandits were shot to death. Last night quiet."
The next pages, I believe, are self explanatory and we had considerable material from dates in September so I don't think they need to be commented on. That goes through pages 124 in the English text and page 87 of the German text.
Then turning to the matter contained on page 83 of the German text, and page 125, the entry for 4 October, is similar to those we have seen before, However, I would like to call the Court's attention to the last entry under that date which says:
"Assignment of 1000 workers at Kragujevac Arsenal or delivery to concentration camp requested."
And the report for the 5th:
"Two bandits, (having on them fuse and detonator) near Bogutovac, gasoline dump (10 kilometers Southwest of Kredjevo) shot dead. Kraljevo is carrying out raid on airplane factory, and arresting for the present 600 workers in the hall of the booty dump".
Further report for the 6th:
14 suspected Serbs delivered at concentration camp.
Soldier of 7th Company, 737th Regiment shot on way back, NCO of 2nd Battalion, 737th Regiment Staff missing. 3rd Battalion, 749th Regiment reached Milanov ac on 1700 hours, 5 Oct. under continuous enemy fire, found blockades (12 tree -- 4 trench and 3 stone) as well as all bridges blown up. Own losses: 4 dead, 3 wounded, 170 male inhabitants at hand arrested and exchange for National Guard attempted. Intend to burn down town before marching off.
The entry of 9 October 1941 refers to a, work detachment and guard being shot at by strong enemy forces, and further that the 737th Regiment burned down several houses and 70 suspicious communists were shot to death. Then on 11 October the High Command orders repetition of the attack on upper Milanovac on 4 Oct., with the mission of taking hostages and burning down the town.
12 Oct. 1941....... and the further report of that date recites that "enemy menace from Ratine Southeast of Kraljevo averted localities from which shots came were set on fire".
Then re order of 13: The High Command orders revenge measures to be carried out for troop losses, 100 prisoners or hostages for every soldier or Volksdeutsche killed in combat or murdered and 50 for each man wounded.
This refers to the order of October 13, Which is Exhibit 88 in evidence, which appears in this Document Book at page 34, and is at page 27 in the German text.
DR. LATERNSER: Mr. President, however, I have to object to a translation so that there will be no mistake. I found out that "Hoheres Kommando" is translated here as the "High Command".
THE PRESIDENT: What page and date do you refer to?
MR. DENNEY: 127 of the English, page 89 of the German, and the entry to which Dr. Laternser makes reference is the first three words under the entry of 13 October, 1941, which appears, if Your Honors please, in the middle of the page.
DR. LATERNSER: The agency "Hoheres Kommando" is in my opinion wrongly translated with the word "High Command" because High Command could be understood as also the High Command (Oberkommando) of the 12th Army, while this concerns a definite agency, "Hoheres Kommando", which is a name, "Higher Command".
In this case, because this is a name, I would like the German term to be used, not the translation, the "High Command", because this translation means many things and the German text only means one thing.
MR. DENNEY: I assume that Your Honors will want some sort of a translation of this and not use the German word. We can hand it to the interpreter.
THE PRESIDENT: That has been the procedure followed before this Tribunal heretofore. Unless there is objection on behalf of counsel which this Tribunal feels has merit, we will follow the procedure that we have heretofore taken, and the document will be handed to the interpreter for interpretation, and the Tribunal will be guided by the benefit of the information given.
MR. DENNEY: I submit, if Your Honors please, that we believe that these words apply to the 65th special corps, which, of course, is the Unit above this, which appears in the basic information text which Your Honors have, and it is on Chart 8 of that Text.
THE PRESIDENT: The interpreter will give the interpretation.
MISS EVAND: This has so far been translated as corps, "65th Corps" special corps.
MR. DENNEY: That refers to General Bader's Corps which is the Command Echelon next above the division, the 717th from whose book these extracts are made, and the basic information chart being showed of that, shows that division as being under the command of the 65th Corps.
THE PRESIDENT: May I make this inquiry? The interpreter said that, "heretofore this has been so interpreted". Do I understand that this is also so interpreted at this time?
MISS EVAND: This is how it ha,s been translated so far in all of the translations which came from the translation section.
THE PRESIDENT: What is your translation?
MISS EVAND: Our translation is the same. You can translate it "Higher Command" , but in this case it definitely means the "Corps" , the "Special Corps".
MR. DENNEY: It it will be of any help to the Court and defense counsel, we are willing to concede that the reference here is to the next higher command, which is the 65th corps; that will take care of the matter for everyone.
Of course, we do not say that it stops there, it goes on up, but that this reference here is just one step from Division up to Corps, and of course the Corps is below the Plenipotentiary General in Serbia who in his turn is subordinate to the defendant List, but this entry on the 17th of October, in the Diary of the 717th Division, refers in this record book to the next higher Echelon of Command.
DR. LATERNSER: Your Honor, it ought be changed so that there can be no mistake in this place, at least it ought to be changed into the "higher Command", because the high Command here, probably means the Army; while the Higher Command gleans the next higher agency.
This is important because the German text is quite clear, while the English translation, if it remains like this, is ambiguous.
I do not know what sort of a part this could play in the future.
MR. DENNEY: The English text, to Higher Command, we will agree that this reference is to the 65th Corps, the next unit above, commanded by General Bader.
THE PRESIDENT: It seems to me in the light of the statements made by Prosecutor and the comments made by not only the defense counsel but also by the interpreter, that the court is fully advised as to the meaning of this statement here. However, it being agreed upon that it should read "Higher Command", it may be changed. The record may be changed to show so.
MR. DENNEY: Your Honors, it is submitted that this order refers to the order of 19 October 1941. This is Exhibit 88 in evidence. Document NOKW 557, which appears at page 34 of the English text, and page 27 of the German text, in Document Book 3. Reference has been made to this on prior occasions.
On the 14th, the day following receipt the diary contains the note that the division issues Top Secret order No. 24: Arrest of Communists, Nationalists, Democrats and Jews - so far as guarding is possible - no hostages.
And there, that order of the prior date is being passed on to the lower troop units.
The daily report for the same date - bears the information that "On information about approach of troops, Milenkovic left Vrnjacka Bania with his men at 0930 hours. They bore the Soviet Star. At 1545 hours head of the column on march was 5 kilometers east of Vrba, advance march delayed by numerous blockades.
And then on the:
"16 October 1941 Division Orders: carrying out of revenge reprisal measures only on orders of the regimental commander. Report about number of hostages arrested and number of persons shot to death is to be rendered On the 5th, 15th and 25th.
"Daily Report:
"Kraljevo: 1900 to 1930 hours, 14 October, enemy artillery fire on agricultural school and air field. Attack mainly on agricultural school, with strong forces from 0500 hours, 15 October, on warded off. Enemy losses rose to about 100 dead. 0920 hours, state of emergency decreed. From 1000 hours on, situation clear. Second Lieutenant Loechl shot to death, 5 communists, 2 of those in German uniform at the Morava Bridge (4 kilometers east of Kraljevo). 1100 to 1200 hours, Stuka and reconnaissance plane activity. Shuttle tank for Wildermuth slightly damaged by three mines but repaired again. Towards 1800 hours shots from houses, 300 Serbs shot to death. 34 Volksdeutsche transferred to Krusevac. Our own losses - 14 dead, 20 wounded; among the dead, two officers.
"3rd Battalion, 749th Regiment reached Milanovac at 1815 hours on 15 October after overcoming six trench blockades, five blown-up bridges and three stone blockades; further losses of our own: wounded. Report of enemy losses not yet available. Milanovac on fire, hostages are being collected, marching off apparently last night."
And then on the next page, under date of 17 October, when they have a report for the 16th for Kraljevo:
"16 Oct: Enemy artillery fire 1615 hours: ten shots on air field; 1230 hours, 20 shots on air field and Morava Bridge (3 kilometers east of Kraljevo). 1000 hours to 1830 hours, 70 shots on agricultural school with about 30 hits, light damages to vehicles, houses searched in Kraljevo. For losses of 15 October up to the present all together 1736 men and 19 Communist women shot to death."
And, if Your Honors will recall, that's the same figure to which we referred on numerous occasions before -- the total figure of 1755, which we had first in the report with reference to the Kraljevo incident, and it was then later carried in General Boehme's report of "Onward to New Deeds". It appeared in the 21 October report, Chief of Police and SD, which is Exhibit 83, page 19 in the English and page 16 in the German.
And then I believe that's sufficient reference to it.
"1300 hours to 1800 hours electric current cut off. Own losses in Kraljevo: two dead, one wounded. Last night quiet. 3rd Battalion, 749th Regiment reached Donja Drnuca at 1515 hours, stayed there all night. Return march hindered by several concentrations of fire. (Own losses: two dead, two wounded, five horses) Ascertained enemy losses: 25 dead, among them one Serbian 1st lieutenant. Request continuous air reconnaissance, Direction Cacak and Raske, as well as repetition of use of Stukas against artillery ammunition dump (Bogutovac) 15 kilometers south of Kraljevo," And then in the daily report of 18 October:
"Daily Report.
"Report of Agents:
"At Kraljevo withdrawal of insurgents into the mountains. 202nd Armored Train guarding stretch shot at, Wildermuth group combing through Kovaci, Tresnjaci, Krusevica. Light resistance. Artillery fire from the north on Morava Bridge and airfield, from west on agricultural school and south part of Kraljevo. 3rd Battalion, 749th Regiment, back in Kragujevac at 1900 hours, 16 October. Milanovic burned down, 133 hostages taken along."
If Your Honors please, that refers to the same entry which appears in the Corps Diary of the 65th Corps, for the 19th of October, one day later, which is Prosecution's Exhibit 85 in evidence. It appears on page 23 of the English and on page 20 of the German, and in that same document, Exhibit 85 in evidence, on the first page, one page earlier, page 22 of the English, page 19 of the German, there's a reference of 18 October note - 717th Division - which refers to the losses which are listed here in the report of the 16th with reference to Kraljevo here, being the Prosecution's Exhibit 88, the report of the 717th Division, and the same total figures, 1736 men and 19 Communist women shot.
And in the next several pages, which are again similar to some of these we had before and cover the same dates --- that is the period during August. However, there are some notes. Passing first to page 93 of the German and page 133 of the English, being under the column "Prisoners Shot". On that page, under date of 12 October to 21 October, there appears 1 and 2000, and after the 2000 the word "hostages". And then, turning over to the entry for 14 to 17 October, which appears at the top of the next page, the same column, the fifth column over from the left, recital for the 3rd Battalion of the 749th Regiment at Milanovac, "Prisoners Shot" -- 2300 hostages. And then, down at the end of that page, page 134 of the English and page 93 of the German, they have totals for the division. Of the total for October 1941, under the same column there are 36 prisoners and 4300 hostages. That's under the entry "Prisoners Shot". And to the left of that is the entry under "Prisoners" -- 30 "enemy losses", and to the left of that, the "Enemy Wounded" --- "one and many more" -- and next to that the "Enemy Dead" for the month --- "498 and many more". And the German losses appear over on the right, total for the month, "58 to 59" dead, 135 wounded, and two missing. And the column 6, which is the last column just before the German losses, is headed, "Measures of Reprisal and the Like", and the total for October 1941 recites "31 houses and three villages and many more". And it is submitted that that refers to burnings, if the earlier portions of the report are examined. The date above the 30th has the notes in the same column, "Measures of Reprisal and the Like", to the effect that "all houses burned down". And above that "Milanovac burned down". And so on, back up to the first entry on page 130 in the English and page 91 of the German, which starts with 3 October, "three houses set on fire". Page 136 of the English and page 94 of the German--
THE PRESIDENT: Mr. Denney, may I interrupt please? I think we will take our morning recess at this time.
(A recess was taken.)
THE MARSHAL: The persons in the Courtroom will be seated.
The Tribunal is again in session.
THE PRESIDENT: You may proceed, Mr. Denney.
MR. DENNEY: If it please your Honors, the next document is NOKW-1014, which is at page 94 in the German text, page 136 in the English text. These are extracts from the War Diary of the 717th Infantry Division in the cover page of the Diary.
May I see the original exhibit, please? If your Honors please, this is the 718th Infantry Division and not the 717th. However, it is still a division which is under the 65th Corps of General Bader; and for the period which is indicated on the cover sheet after 17 June 1941 before 31 December 1941. And the note on the cover sheet indicates that during this time this unit, this 718th Infantry Division, was under the 65th Corps.