"I should further like you to order the troops to limit the confirmation to the statement that the person concerned has been shot to death on.... in.... by order of a high authority and to have this confirmation show the official seal of the unit but no signature.
I have issued the same directive for executions carried out by the police battalion and by the police forces of the Banat administration in the Banat."
And the Stamp: " For the Commanding General Plenipotentiary in Serbia The Chief of the Adminisstrative Staff."
Page 60 of the English and page 47 of the German is prosecution's next document, NOKW-1200, which is offered in evidence as prosecution Exhibit 151. This is a report of the Plenipotentiary Commanding General in Serbia. I beg your pardon -- it is a report of the 342nd Division to the Plenipotentiary Commanding General in Serbia dated -transmitted, rather -- the 27th of November.
Paragraph 4: "As reprisal measures 265 Communists were shot today." Continuing on page 61 of the English and page 48 of the German is another report of the Division sent to the Plenipotentiary Commanding General in Serbia on the 29th of November and received by him on the same day.
Paragraph 4: "Group North A. 7 dead, 12 prisoners, 2 shot."
On the same page, page 61 in English, page 49 in German, is a report of the Commander of the IIIrd Battalion, 697th Regiment, to the Plenipotentiary Commanding General in Serbia, sent on the 30th of November, arriving in higher headquarters the same day:
"Talisavac was taken with the support of artillery after heavy combat. Three road blocks an road Krupanj-Mojkovic were eliminated, one entirely destroyed bridge temporarily repaired. In many houses German equipment was found. These houses were set on fire."
Next, on page 63 of the English and page 50 of the German, Document NOKW-1113 is offered as prosecution Exhibit 152. This document is a series of extracts from the war diary of the 113th Division which was subordinate to General Boehme. Your Honors will note that from the 1st of November 1941 until the 12th of January 1942 this unit was subordinate to General Boehme as Plenipotentiary Commanding General in Serbia.
Then on the last four lines on the bottom of page 63 of the English and page 50 of the German:
"The division will be placed under the command of the Plenipotentiary Commanding General in Serbia (Headquarters LXV the Corps), Lt. General Boehme, Infantry, for the purpose of pacifying the Serbian area of revolt."
I should like to call your Honor's attention to certain of those entries: first, the entry of 18/19 November which is on page 64 of the English document book, page 51 of the German:
"The Plenipotentiary Commanding General visits the division and confers with the Division Commander about the operation for the destruction of the enemy in the Western valley of the Morava and the pacification of this area."
Then at the bottom of the page, entry for the 4th of December 1941:
"260th Infantry Regiment carried out two mopping up operations, during which the area around Cacak was investigated as to their membership in the Communists." It should read "in the Communist party who had actively participated in the uprise were found and shot. All other civilians were not suspected and were released. 32 rifles, handgrenades and ammunition were brought in."
I call your Honor's attention next to the entry of 5 December 41 and the reference to partisan units which is given in that entry on page 65 of the English, page 51 of the German:
"260 Infantry Regiment and 268th Infantry Regiment have mopped up the quartering area and have arrested 51 Communists, which were shot immediately. The leader of the 3rd Partisan Company of the Cacak Battalion was also arrested."
Next, the entry for the 7th of December 1941 on page 52 of the German, bottom of page 65 of the English document book:
"261st Infantry Regiment marched into Novi Pazar with the II. Battalion and Regimental Headquarters and was welcomed rejoicingly by the population. The situation there has been clarified in a surprising manner. Albanian gendarmes occupied the village so that neither Communist nor partisans appeared in its vicinity. But since the Albanians are mortal enemies of the Serbs, the Cetnik units located at Raska only wanted our help in order to take revenge on the Albanians. The unit needs great skill to master these various political tendencies.
The Division Commander arrived in Novi Pazar soon after the first troops and obtained a personal impression of the situation existing there."
The entry of 8 December 1941:
"Surprise raids carried out resulted in a number of partisans at Cacak, Uzice and Pozega who had returned again to the villages. 182 at Cacak, of which 16 whose active participation in the fight could be proved were shot immediately; 42 at Pozega; 40 at Uzice."
The entry of 9 December 1941:
"The Division Commander visited the 260th Infantry Regiment at Cacak and the IInd Battalion of the 260th Infantry Regiment at pozega. The commanders reported the impressions gained in their areas. According to the opinion of Lt. Colonel Haerder attacks against the troops are scarcely to be expected any more, since everybody fears the execution of the penal measure of 100 for 1."
Next, on page 67 of the English and page 53 of the German, portion of the entry for 11 December 1941, the middle paragraph of that entry:
"34 Communists of those arrested on the previous day were shot after exhaustive interrogation."
The entry of 13 December 1941, the last two lines on page 67 of the English, page 53 of the Germans "19 Communists and 18 partisans were arrested.
A further 10 Communists were shot."
Next on page 68 of the English and page 53 of the German, the entry of 16 December 1941:
"268th Infantry Regiment was mopping up from the Drina In the direction of Uzice and came upon a fight between Communists and Cotniks, in which the Communists lost 6 dead and the Cetniks 3. Twenty of the prisoners brought in were shot after exhaustive interrogations."
Finally, under the entry of 23 December 1941:
"Smaller bands have appeared again in the area of Novi Pazar. Major operations against them cannot be started on account of the snow. During minor patrols 43 Communists were captured. On the basis of reports by confidential agents arrests of suspected insurgents were carried out. 31 Communists, including 1 woman, were shot by order of Town headquarters Cacak."
Next, on page 70 of the English Document, page 55 of the German, NOKW 983, Document offered as Prosecution Exhibit 153, this is an enclosure to the Activity Report of the Wehrmacht Commander Southeast, and simultaneously the Commander of the 12th Army, dated 30 November 1941.
This enclosure outlines the jurisdiction of the Wehrmacht Commander Southeast, Commander in Chief of the 12th Army, and is important enough, I believe to be read in its entirety:
"On 5/ll/41, the new basic order of the Wehrmacht Commander in the Southeast and Commander in Chief of the 12th Army was issued regarding the regulation of command in the Southeast.
"In order to create clearly defined and coordinated channels of command in the occupied Southeast, the Fuehrer, the Supreme Commander of the Wehrmacht, has appointed a "Wehrmacht Commander in the Southeast" by order No. 31, dated 9/6/41."
Your Honors will remember that this is the document which appointed Field marshal List as Wehrmacht Commander Southeast, in addition to his command as Commander-in-Chief of the 12th Army. The seat of the Wehrmacht Commander in the Southeast is Salonica.
The Wehrmacht Commander Southeast is the highest representative of the German Wehrmacht in the Southeast. As such, he is directly subordinate to the Fuehrer and the Supreme Commander of the Wehrmacht. He carries out the Executive power in the territory occupied by German troops and he has here all the authority of a territorial commander.
Excepted from this unified command, regulations are:
a) The offensive aerial warfare in the Eastern Mediterranean. This is carried out according to orders of the Commander-in-Chief of the Luftwaffe. For this purpose, the Xth Fliegerkorps is subordinate immediately to him.
b) Problems of operational naval warfare in the Eastern Mediterra nean, the cooperation of the Naval Group Headquarters South with the Italian, Rumanian and Bulgarian Navy, as well as the transport tasks of the Navy in the Black Sea traffic, which will be carried out in accordance with orders by the Commander-in-Chief of the Navy.
These exceptions, however, do not change the basic principle of a coordinated Wehrmacht leadership by the responsible Wehrmacht Commander Southeast.
In detail, the Wehrmacht Commander Southeast is charged with:
a) The guaranteeing of a coordinated defense of the territories including the Greek Islands.
b) The coordinated direction of Navy Transport Movements.
c) The regulation of cooperation with the Italian, Bulgarian and Croatian High Commands in the Southeast.
d) The control of the supply by land and sea for all German Wehrmacht units committed in the Southeast.
e) The supervision of the administration in the territory occupied by German troops.
Subordinate to the Wehrmacht Commander Southeast are:
a) For the area Old Serbia, the "Commanding General Plenipotentiary in Serbia" simultaneously charged with observation of the affairs of the Commander Serbia.
b) For the area Salonica and the Islands of Lemnos, Mytilene, Chios and Strati, as well as for the neutral zone of Turkey in Thrace, the Commander Salonica-Aegean.
c) For the area of the harbor of Piraeus, for the billeting area of the German troops in Attica as well as for the islands of Melos and Creta: The "Commander Southern Greece".
d) The QAdmiral Aegean".
The "Commanding General Plenipotentiary in Serbia" and the Commanders are responsible for the coordination of the defense in their areas and for their security against interior disturbances. Within their areas, they have the authority of a territorial commander.
Within the above mentioned areas they carry out the executive power and direct and or supervise the administration. They are competent for all problems of billeting and of road construction.
All unit headquarters authorities and units are to fulfill the requests of the commanders pertaining to these matters. If danger threatens, each unit commander is obligated beyond this to take action independently and immediately with the necessary forces.
The Island of Creta occupies a special position in the Southeast. It is an operational area from which the Air War in the Eastern Mediterranean is carried out.
The "Commandant of Fortress Creta" is subordinate to the Commander South Greece. All units of the German and Italian Wehrmacht employed in Creta for the defense are subordinate to the Commandant of Fortress Creta in all tactical matters.
The eastern part of the Island has been assigned to the Italian occupation forces.
In his capacity as Commander of the Luftgau Staff, the Commandant of Fortress Creta is subordinate in all Luftgau affairs to the Commanding General of the Fliegerkorps by way of the Commander of the Luftgau Headquarters Southeast.
The "Commandant of Fortress Creta" carries out simultaneously the executive power and the supervision of the administration over the entire Island.
The "Admiral Aegean" is subordinate to the Wehrmacht Commander Southeast. For duties of "Admiral Aegean" sec. Ia No. 0303/41 top secret, paragraph 8.
Cooperation with the Italian, Bulgarian and Croatian High Commands in the Southeast is regulate in all basic matters by the Wehrmacht Commander Southeast. Matters of local significance are regulated by the Commander, the General in Zagreb and by the General of the German Army with the Royal Bulgarian Army Command.
The General of the German Army with the Royal Bulgarian Army Command, is subordinate to the Wehrmacht Commander Southeast in every respect.
The Military Attaches in Zagreb, Sofia and Athens are to inform the Wehrmacht Commander Southeast continuously regarding all problems pertaining to their work which affect the tasks of the Military Commander Southeast.
The position and the duties of the Commander-in-Chief of the 12th Army remain unchanged by his appointment as Wehrmacht Commander Southeast. The staff of the 12th Army functions simultaneously as the staff of the Wehrmacht Commander Southeast. All Army units employed in the Southeast are subordinate to the 12th Army.
Regarding the chain of subordination in the Command area of the Wehrmacht Commander Southeast, a difference must be made between:
a) Tactical subordination.
b) Territorial subordination.
Enclosures 9 to 16 of the order "Regulation of the Channels of Command in the Southeast" contains: Political problems, counterintelligence and ideological welfare, matters pertaining to the Engineers, road maintenance, rationing of construction material in Greece, Transportation, Signal communication, Problems of Wehr Economy, Jurisdiction, Wehrmacht patrols, I think we may skip now to the page 75, English, page 60 of the German, to enclosure 119:
Correspondence and reports.
Special directive will be issued separately for the supply. The order regarding the regulation of the Channels of Commands in the Southeast dated 25.6.41 is superseded by this new order.
See file with special enclosures: order regarding the regulation of the channels of commands in the Southeast.
6.11.: Commander-in-Chief: the higher to Army Engineer Commander General major Dr. Meise reports that he is leaving.
7.11: The hitherto Oberquertiermeister Lieutenant Colonel G.S.C. Freiherr v. Hanstein reports that he is leaving.
We will stop to the middle of page 75 of the English.
Enclosure 119.
On 7.11 the directives of the Wehrmacht Commander Southeast (18th Army) (that should read 12th Army instead of 18th Army) regarding the organization of the Fortress Division Creta and regarding the relief of the 5th Mountain Division, as prepared by the Ia, were issued to Corps Hqs. XVIIIth Infantry Corps, 164th Infantry Division, 718th Infantry Division, 5th Mountain Division, Commander Salonica-Aegean, Commander South Greece, for the Commandant of Fortress Creta and Admiral Aegean.
(signed.) For the Wehrmacht Commander Southeast The Chief of the General Staff I.A.Macher (?)On page 76 English and page 61 German, the enclosure is signed "For the Wehrmacht Commander Southeast, the Chief of the General Staff".On page 77 of the English and page 62 of the German, Document Book NOKW 1051, which becomes Prosecution Exhibit 154, this document is a collection of reports from the 342nd Division, dated 24 November 1941.
Under paragraph 1:
342nd Infantry Division (Stamp) SECRET !Branch Ia/op No. 9 Oct.
41 secret Divisional Battle H.Q. 24 Nov.
41.
Divisional Order For the Annihilation of the Enemy in the Area of Uzice.
Map 1 : 50.000 - in advance orally 24 Nov.
41, 10:00 Hours
1) Enemy.
Enemy are Communists and the Chetniks of Mihailovic not those of Pecanac (loyal to the Government).
In the area South of the Folubara there are no loyal Chetniks. Consequently every Communist and every Chetnik is an enemy.
Situation and road reconnaissance see enemy report 16 (Enclosure 1).
(Stamp)
SECRET!
342nd Infantry Division Branch Ia/op. Nov. 9 Oct. 41 secret Subject: For the Annihilation of the Enemy in the Area of Uzice.
Report of the 9 October 1941, page 77 English, 62 of the German, paragraph 2.
Combat Directive
a) Any burning down is strictly prohibited and punishable. Burning down is applicable only if arms and ammunition are found or if fire is leveled from houses.
b) To be shot dead are all men carrying arms using them or concealing them, women, and children, however, only if they actively participate in the fighting. In any case children are to be spared.
c) All Chetniks and Communists who surrender are to be made prisoners and are to be disarmed.
d) Prisoners and booty to be brought to Valjevo from the advanced roads. There, Branch of Ia will take over.
The prisoners can not be evacuated, they are to be taken to Uzice as hostages. Further evacuation pursuant to directive to be issued later.
(Stamp)
SECRET !
(Sign.) Hoffmann Brigadier General and Division Commander.
I call your attention to paragraph 6 of the report, which is on page 79 of the English, page 62 of the German:
Group North, which will be committed tomorrow, today opened advance road near Velki Vrh. Most difficult road block on cliff 300 meters long with tank trap, road blasting and falling rocks.
For the first time a road block defended by the enemy. Enemy repelled still unknown whether Communists or Chetniks and what the enemy losses are.
As reprisal measure 265 Communists were shot to death today.
342nd Infantry Division Branch Ia (handwritten) taken care of Elsoesser (Oberfuehrer) (handwritten) Divisional Battle HQ 10 Nov.
41 At the bottom of page 79 of the English, 63 of the German report 10 Nov.
1941.
From 30 Nov. P.M. in Cajetina, 3 non-residents found to possess arms were shot to death.
(Sign. illeg.)
Captain Ic Next the report on page 80 of the English, page 64 of the German report for the 2 December 1941, from a subordinate unit, 342nd Infantry Division, I direct Your Honors' attention to paragraphs 15 and 16 which are on page 90 English, page 64 of the German.
Group B Group Battle HQ 2 Dec. 41 Subject:
Booty To 342nd Infantry Division Branch Ia Own losses:
1 dead (non-commissioned officer). I man wounded.
Enemy losses: 118 dead 36 wounded 117 prisoners 6 shot to death.
Reported in advance by phone (illeg.
sign.)
Lieutenant and Regimental Executive Officer Teletype:
(handwritten)
URGENT SECRET! 19:20 hours E.S.
Divisional Battle HQ., 5 Dec. 41 Received:
20:20 hours (handwritten) d. F.S. 34(7? - Ni) Roetz, Oberfuehrer To Commanding General Plenipotentiary in Serbia Reorganization for new operation Combat Poses:
697th Infantry Regiment Valjevo 697th Infantry Regiment Dobrinja 697th Infantry Regiment Milanovac Division Uzice 29 Communists were shot to death.
86 Chetniks disarmed and turned over to local headquarters Pozega (113th Division).
342nd Infantry Division Ia (init.) R
MR. FENSTERMACHER: Our next document is an insert, if Your Honors please, and I give three copies in English of NOKW-1066 to Your Honors. This should be marked Exhibit 154, I beg your pardon 155, and be marked Pages 81-a and 81-b in the English Document Book. I hand eleven copies in German to the Defense Counsel. One copy in English and German each to the Court importers and Interpreters, and the original to the Secretary General. This document should be marked Page 64-a in the German Document Book. This is an order from the 342nd Infantry Division to one of its subordinate units, Group A. It is dated 2 December 1941. And I call Your Honors' attention to the portion of the document which we have had translated on the bottom of Page 81-a. "Combing through from Vardiste, as far as it is not Bosnian in the direction of Kremna. One Platoon remains in Kreman. Wounded Communists are to be shot to death." Next, on Page 82 of the English Document Book and Page 65 of the German. It is Document No. NOKW-1150, which becomes Prosecution's Exhibit No. 156. This document consists of notes of the Wehrmacht Commander Southeast, simultaneously Commander in Chief of the 12th Army, regarding his trip to Belgrade. This, Your Honors, refers to the trip which the Deputy Commander in Chief of the 12th Army and Deputy Wehrmacht Commander Southeast, the Defendant Kuntze, took, and notes are dated 5 December 1941. Under Paragraph II, "Political situation in Serbia, subparagraph b, "In winter it is intended to examine the entire population of the insurgent territory by means of special detachments in collaboration with the troops. Whoever is proven to have participated in insurrection is to be shot."
The question of the resettlement of the women and children of the insurgents as well as other unreliable elements is still being examined. The retention of these people in Serbia south of the Danube does not appear to be practical. There are still difficulties with respect to shelter, rations, and guard which oppose the transfer into the Banat.
All Jews and gypsies are to be transferred into a concentration camp at Semlin (at present there are about 16,000 people there). They were proven to be the bearers of the communication service of the insurgents.
The arrest in Belgrade of 1,200 active Serbian officers and their accommodation in prison camps in the Reich is to be carried out next."
MR. FENSTERMACHER: The notes are signed by a Major in the General Staff Cotps. Turning next to Page 85 of the English and Page 66 of the German Document Book, there is Document No. NOKW-1521, which becomes Prosecution's Exhibit No. 157. This is a report of the 342nd Infantry Division, dated 8 December 1941, sent to the Commanding General Plenipotentiary in Serbia. "Enclosed please find recapitulation concerning losses and booty in the course of operation Uzice submitted by the Division." And the enclosure, "Losses and Booty during operation Uzice":
"25 Nov. to 4 Dec. 1941.
1.) Own Losses:
10 dead 22 wounded II.
Released from Captivity:
1 Officer 3315 non-commissioned officers and men.
III. Enemy Losses;
707 dead ) excluding numerous dead and wounded 93 shot to death ) taken along by the enemy."
312 arrested )
MR. FENSTERMACHER: The next document is on Page 87 of the English and on Page 67 of the German and is, in effect, the same as the preceding document; so I ask that Your Honors strike it from your book and disregard it. On Page 88 of the English and Page 71 of the German is Document No. NOKW-660, which is offered in evidence as Prosecution's Exhibit No. 158. This is a ten-day report of General Bader, dated Belgrade, 10 December 1941. If Your Honors will recall after General Boehme departed from Serbia on the 5th of December, General Bader took over Boehme's Command and succeeded to the title of Plenipotentiary Commanding General in Serbia. This is General Bader's ten-day report, The document is signed in the draft by General Bader, Lieutenant General, Artillery.
I. General Situation and Intentions:
A. The attack operations of the units are over, in the main. They have brought about the expected success and brought about considerable pacificate of the situation in Serbia.
Decisive in this was not so much the number of the insurgents takeh care of (erledigt) in combat as rather the draconic reprisal measures and the fact that sufficient strong, well-armed, and wellequipped German units under mobile and energetic leadership also sought out the bandits in those places, where they had previously felt themselves safe on account of the inacessibility of the terrain or where they could carry out their terror unmolested, on account of the lack of sufficient German forces.
The Mihajlovic Group can now be regarded as beaten. Mihajlovic himself has only evaded with difficulty seizure by the unit, and is in flight, Mihajlovic was prescribed, in one of the appeals to the Serbian population, circulated by radio and leaflet as being a criminal insurgent and a premium of 200,000 dinar was set on his head. His staff has been taken care of (erledigt) for the most part. The Staff Officer, Major Misic, is among the prisoners. Many followers of Mihajlovic appear to have fled into the forest and mountains. Reports are at hand according to which these bandits which are now without leaders have tried to go over into the Cetnik detachments of Kosta Pcanac. Signs indicate also that certain Serbian government circles only recently desired to come into contact with Mihajlovic, in order to spare Serbian blood. Along the same line, there are attempts of the Serbian Prime Minister Nedic which amount to preventing a severe thrust against the - allegedly only forced into it - Mihajlovic followers. The investigations concerning are still in progress. Report follows.
The Communistic Partisan activity has also relaxed. This is doubtless because of the service of the Serbian gendarmes and partly also of the Cetnik units which are loyal to the government, which have fought well against the Communists lately.
B. From these reasons, it may well be taken into consideration that larger actions of the insurgents will hardly occur in the following (winter) months, in Serbia.
The activity of the bands will, in general, be restricted to terror and sabotage acts.
Nevertheless, however, the Serbian resistance movement can not be regarded as finally beaten down. The relative pacification which has now appeared must not delude one, that it is a question perhaps of only a temporary circumstance. The greatest danger lies in the fact, no doubt, that a quantity of rifles and munition are still in the hands of the Serbs - in the hands of numerous illegal and so-called legal organizations.
Accordingly it must be taken into consideration the start of the warmer season of the year, the resistance movement will come to life again, above all, if the whole situation should make a withdrawal of large troop units out of Serbia necessary.
C. Accordingly I see as my chief mission during the next few months the complete pacification of Serbia and the rendering impossible of a renewed flame-up of the resistance movement.
This should be attained by:
1. Sufficient security of the traffic lanes, the economic centers, etc.
(as ordered.)
2. a large-scale, thoroughly prepared disarmament action.
3. arrest and deportation of the active Serbian officers.
4. speedy commencement of German and Serbian administration in the territory occupied again by the troops.
5. reorganization of the Serbian police forces, (proposal being presented.)
6. continuous influencing of the Serbian population by the necessary propaganda.
D. A pacification of the situation can not yet be spoken of, in the Serbian-Croatian border area (Bosnia). It really appears that unrest has increased there, as a result of the changing-over of Serbian insurgents. Whether the Croatian troops are in the position to carry on with the means at their disposal appears questionable according to the latest reports and experience. I propose, accordingly, to concentrate the 718th Infantry Division more strongly in the Bosnian insurgent area (SarajevoZenica-Doboj-Tuzla) and shall examine the question as to whether a reinforcement of the German troops in the Croatian border area (by the 342nd Infantry Division) is necessary and can be executed with our own forces.
II. Details.
A. a) large enemy groups are still reported in the following areas.
In the adjoining Croatian area west of the Drina (strength not yet known).
Between Krupanj, Valjevo, and Koceljeva 3 bands, each between 500 - 100 men strong.
Between Arandjelovac and Kosmaj Mountain Range, remnants of bands (strength about 500 men.)
In the Moraviza Valley, about 800 men at Arilje.
North of Novi Pazar, remnants of bands, about 400 men all together.
Territory around Leskovac, bandits in a total strength of up to 2000 men.
b) for sabotage acts and surprise attacks, see enclosed chart.
B. Our own forces:
a) I took over the affairs of the Plenipotentiary Commanding General in Serbia from Lt. General, Infantry, Boehme on 6 Dec 41. Chief of Staff, Colonel, General Staff Corps, Kuebler. The affairs of the Corps Headquarters XVIIIth Corps were transferred to the Headquarters Staff of the Commander of Serbia.
Leadership, fighting power and discipline of the individual genarme and volunteer detachments are various. The Gendarme Colonel, Babic, successful in the cleaning-up of the Morava-Danube triangle disarmed and arrested his own people on account of undisciplined conduct toward the civilian population.
D. Our own and enemy losses:
(in German operations during the period from 26 Nov - 5 Dec 41).
Enemy Losses Our Losses dead l,415, among them 389 14 as reprisal measures wounded 80 35 captured 778
THE PRESIDENT: We will adjourn until 9:30 tomorrow morning.
(The Court adjourned at 1630, to resume at 0930 23 July 1947.)
Official transcript of the American Military Tribunal in the matter of the United States of America, against Wilhelm List, et al, defendants, sitting at Nuernberg, Germany, on 23 July, 1947, 0930-1630, Justice Wennerstrum Presiding.
THE MARSHAL: Person 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: Marshal, will you ascertain if all the defendant are in the courtroom.
THE MARSHAL: May it please, Your Honor, all the defendants are present in the courtroom.
THE PRESIDENT: You may proceed, counsel.
DR. MENZEL: (Counsel for the defendant Kuntze): During the session yesterday, towards the end, the document 660 was being read-that is Exhibit 158. After the Document had been read, it was announced that the session was adjourned until this morning so that I couldn't point out something which I wanto to do now. The representative of the prosecution, when finishing the document, read figures about "Own losses" which were not in the German translation. This is in the official translation which we have in front of us. I rather think that such discrepancies should be ascertained and that as a matter of principles documents should, in my opinion, only be read when they correspondent with the German translation; or rather when they don't correspond with the translation, the defense should have an opportunity to correct the translation which they have.
THE PRESIDENT: To what particular section or part of the document do you make objection?
DR. MENZEL: That was the last part of Document 660, capital D. It reads there :"Own losses", and "Enemy losses." In the German translation, only the "Enemy losses" are mentioned, not the German losses.