Turning then to page 30 of the English and page 46 of the German is Document No. NOKW-1106, which is offered as Prosecution's Exhibit No. 226 in evidence. This is an order of the 710th Infantry Division, which is signed for the Division Commander by one of the General Staff officers of the division, who is a major, but the signature is not decipherable. It appears in the book that this Document No. 1106 is signed "Geitner", and there was a Geitner who was a major in the General Staff Corps in this division, but that is not the defendant who is in this box. And in order that there may be no doubt about it, we submit at this time that this Geitner was not Staff officer in the 710th Infantry Division because there are one or two other places where this same thing crops up. This is dated 22 October 1942, subject "Prisoners". There is a heading, the "710th Infantry Division".
"The enemy communications service is of very great significance to the leadership. Next to one's own task the enemy news is most important for an estimate of the situation. The basis for piecing together the enemy situation is formed especially by statements of prisoners. These are of value only if they are immediately forwarded to the division. The same applies to captured papers.
"Therefore the following regulations are issued concerning the seizure and the treatment of prisoners:
"Seizure:
"1. All persons of both sexes who participated directly in com bat, with or without arms.
"2. All persons of both sexes from the ranks of the adversary (train, medical personnel, supplies, etc.).
"3. Civilians of both sexes in the operation area, who are encountered at work in the fields or at home, if it is proven that they were in the service of the adversary or supported enemy operations.
"4. Invalids, sick persons, pregnant women, and persons over 60 years of age (only in case they come under paragraph 1).
"B. Treatment:
"1. After a short interrogation all persons listed under A/1 and A/4 are to be shot to death by the troop.
"2. Persons listed under A/2 and A/3 are to be marched off as prisoners.
"3. Enemy deserters presenting themselves with or without arms are to be led off as prisoners.
"4. All prisoners are to be interrogated briefly and are to be transferred, listed, and with a short remark, to the military prison of the Alexanderkaserne in Sarajevo.
"5. Important results of interrogations of prisoners concerning formations, strength, armament, and intentions are immediately to be reported to the division by telephone; if necessary individual persons are to be brought to the division immediately.
"6. Thieves, slanderers, political suspects, or other civilians who commit offenses against public order are to be delivered to the nearest Croatian police or gendarmerie post.
"C. Captured Papers:
"Captured papers in original form are to be forwarded to the division by the quickest means.
"For the Divisional Command "1st General Staff Officer "(Signature) "Major in the General Staff" And then at the left appears the note "Distribution in Draft". And then turning to page 32 in the English and page 47 in the German is Document No. NOKW-1536, which becomes Prosecution's Exhibit No. 227 in evidence.
These are a series of telegrams which are reports from the Commander in Chief Southeast to OKH, and all of them are on telegram blanks and teletype that has come out and affixed with mucilage. There are no signed copies in them. They do, however, bear certain stamps which appear on the translations. The first one, "North of the Save: continued looting and local attacks. Ninety insurgents shot to death." And this is dated 30 July 1942 and it is from the Wehrmacht Commander Southeast to OKH General Staff in Berlin, and at this time on 30.7.42 the defendant Kuntze was still the Armed Forces Commander Southeast. Then, for the 31st of July 1942, Daily Report, still the defendant Kuntze. Your Honors will recall that General Loehr did not take over until the 9th of August. "Total losses during mopping-up Una-Sana Bend from 23 to 30 July inclusive. Germans: 6 dead, 11 wounded. Croatians: 11 dead, 24 wounded. Enemy: 450 dead, 1946 temporarily arrested of which 269 shot to death so far." And then for 1 August, the defendant Kuntze is still the Wehrmacht Commander Southeast, in a report to OKH, "Total number of enemy losses in the Una-Sana Bend has increased to 666 dead and 2640 temporarily arrested. Eighty-three additional prisoners shot to death so far." And then for the 2nd of August, still the defendant Kuntze, "West Bosnia - an additional 30 persons who were temporarily arrested were shot to death." For the 3rd of August, still the defendant Kuntze, "North of Save, south of the Fruska Gora, attack on passenger train halted in a siding. Two Germans dead, 40 Croatians surrendered. The band succeeded in escaping before the arrival of the German detachment. Reprisal measures instituted." And then on a later page, a British intelligence officer, who apparently had parachuted down, was killed by anti-Communists. And then for 5 August, still the defendant Kuntze, "An additional 8 temporarily arrested persons shot to death." And for 8 August, still the defendant Kuntze, "On 8.8 German (Croatian) combat group started concentric mopping-up of Samarica mountains.
Fifty-three arrested and shot to death." And then on the 11th of August - at this time Loehr is in; however, we still have Foertsch as the Chief of Staff. "Samrica operation according to plan. Twentysix partisans shot to death." For the 13th of August, going back to the "temporarily arrested" incident, "Only minor contact with the enemy in Samarica. Fifty-three temporarily arrested, 10 shot to death." And then for the 17th of August, "Syrmia: Ninety shot to death in reprisal, 65 temporarily arrested." For the 29th of August, "Increased appearance of smaller bands in area south of Vlasenica 55 kilometers northeast Sava and around Rogatica 46 east of Sarajevo. Two bridges and a railroad station set afire. Counter-measures instituted." And then, further down in that same message, "In Samarica 262 temporarily arrested of which 20 were shot to death on the spot. Continued insurgent activity along the demarcation line south and southeast of Zagreb." Report for the 5th of September--
THE PRESIDENT: Mr. Denney, we will pause here and take the usual recess until 3:15.
(A recess was taken.)
THE MARSHAL: The Tribunal is again in session.
JUDGE BURKE: You may proceed.
MR. DENNEY: May it please your Honors, continuing with Prosecution Exhibit 227 in evidence, at page 44 in the English and 58 in the German text, still on the daily reports from the Commander in Chief Southeast to OKH, the High Command of the Army, the report for 5 September 1942:
"In Nish, non-commissioned police officer shot to death. 50 reprisal shootings to death intended."
Then on page 45, the report for the 9 of September:
"In addition to Communist incitement and hunger there is also a probable intention to paralyze Africa supplies. For the German area application of severest measures has been ordered. Arrests and seizures of hostages have been carried out."
Report for the 15 of September:
"Southeast of Ruma attack on community. 25 hostages arrested."
Report of the 21st:
"North of the Save: Continued Communist activity in the area southwest of Cirovitica. Attacks, 2 interruptions of railroad branch line, several hostages seized."
On the 28 of September:
"German Croatian operation (6 German Battalions) intended against Jayace."
The 30th: "1 village burned down as reprisal measure".
And the last report for the 23 of October 1942:
"In the Banat 50 Communists shot to death in reprisal for murdered Volksdeutsche policeman."
Then the figure at the top, 23/10 1945, also appears on the original.
The interpreters advise me that they have document Book I and I should like to apologize to them for failing to mention the document book in which Exhibit 4 appeared and assure the court it was my fault that they didn't have it here. This exhibit now is Exhibit 4b in accordance with the ruling by the Tribunal and it is in Document Book I, English and German, and the English page is 8 and the German page is 6. As has been said before; it is a letter of 23 April 1941 to Reichsleiter Bormann, who was at that time at Hitler Headquarters and there is no signature appearing on the letter but it has been established that the letter was written by Alfred Rosenberg, about whom we have commented before.
Paragraph 2 beginning on Page 9:
"There is a great misunderstanding with respect to what is involved in the question of the south-east and the employment of my administrative staff: art objects have always been treated as a second line problem. In the first line an order of the chief of the high command of the Armed Forces (OKW) on the instance of the Fuehrer has gone twice to the occupied territories of the west to place all scientific and archive materials of world philosophy opponents of the regime at my disposal for research purposes. That has resulted also in close cooperation on the widest scale with the Security Service (SD) and the military commanders, and I believe that I have secured priceless research pieces for the Reich direction of the Nazi party and its higher institutes of learning. I wish to inform you especially that as many as 7000 crates have been brought to Germany up to the present moment. In the course of these confiscations we have found according to the nature of the case other valuable cultural objects including very valuable works of art. And in order that these things should not be dispersed and that they be secured for the Fuehrer, the Chief of the high command of the armed forces (OKW) on my request and on the instance of the Fuehrer has ordered that these art objects should be catalogued by me. I ask you that if necessary it should be established for the benefit of the Reich Marshal that my working staff has executed these tasks in a correct fashion and in an objective blameless form. Art objects generally do not come into question as far as the Balkans are concerned although there are Free-Masonry archives and Jewish libraries and other relevant research objects. In my opinion only the same attitude as that prevailing in occupied French territory can be taken and what I requested, was really only an expansion of an already existing regulation. For with General Field Marshal List, and likewise with the General Quartermaster of the Army the work has al ready been begun and my men are already at work with these circles in Belgrade.
And on command of General Field Marshal List as well as of his deputy general, these men will also be employed in closest relationship with Security Service (SD) in Salonika. As you know, Salonika is one of the largest Jewish centers.
"I should like to remark in this connection that this affair has already been executed on our side with Security Service (SD) in the most loyal fashion. One of our collaborators who also belongs to the Security Service (SD), had his duty-obligation countermanded by the Security Service, whereupon it was impressed upon him that the Security Service cooperates with my administrative staff in a most loyal fashion. The things are thus clarified in a practical fashion and the work has taken its course. What I asked was only a confirmation that the already pronounced decisions for the West should also have validity under the given circumstances for other occupied or to be occupied areas. Finally the representative of the Fuehrer has expressly ordered that the appropriate party members in this question should be placed so as not to permit this unique opportunity for inquiry in the Jewish and Masonic lodge question to pass away. The agreement in this matter is thus general.
"I trust that this letter has cleared up the resulting misunderstanding.
"Heil Hitler!"
Now with reference to the Exhibit 100a for identification, I request that the court direct that this Exhibit be marked 100b for Boy, in evidence, and I hand it to the Secretary General. The Exhibit was distributed the other day in Court, if your Honors recall, and I would request permission of the court to withdraw the exhibit and have the copies photostated and photostatic copies substituted in order that the papers which are now in the exhibit may be returned to their source in the National Commission for the Investigation of War Crimes in Yugoslavia.
JUDGE BURKE: There is no objection on the part of the Tribunal to that procedure.
MR. DENNEY: Thank you, your Honor. I believe your Honors have the pages which begin with 76a and I believe run up to 76p, Document Book III, and for the record I should like to state for Dr. Laternser, that the lists of people who have been recited in the document will be furnished to him as well as the untranslated material prior to one week from now, and I hope within the next day or so.
It is a little difficult to find someone who can translate from Yugoslavian to German but we do have one such person here and for the Tribunal I have spoken with Dr. Laternser about this outside of Court.
JUDGE BURKE: Is that understanding agreeable to you, Dr. Laternser? Dr. Laternser has indicated that it is. You may proceed.
MR. DENNEY: Thank you, your Honor. The first report......
DR. LATERNSER: Your Honors, I agree to this, after my objection has been rejected. But I shall maintain my objection.
MR. DENNEY: The Prosecution did not mean to imply that Dr. Laternser was withdrawing his objection.
JUDGE BURKE: Now did we intend that it should be implied.
MR. DENNEY: Thank you, your Honors. There are other excerpts of this report which will be offered at a later time. Therefore, the explanation for the figures, 87, and so forth, appearing at the top of the pages, are a compilation of a number of reports which were given page numbers again for purposes of translation. And there are short excerpts, as is indicated on these, which have not been translated, and those are the ones which will be translated and given to counsel in addition to the lists which do not appear here, which are lists of names.
This report is from the National Commission for the Investigation of Crimes committed by the occupation forces and their accomplices, this is Investigation No. 9278. State Commission Serbia for the Investigation of Crimes committed by the Occupation Forces and their accomplices.
REPORT CONCERNING ESTABLISHED CRIMES .........During the bittier battles between the People's Liberation Army and the German Occupation Forces in the neighborhood of Kraljevo in October 1941, the German authorities in Kraljevo carried out mass shootings of citizens during the period of 15 to 24 October.
Daily, they brought in several hundred of citizens from Kraljevo and the surrounding districts for execution by shooting.
On the basis of statements of eye witnesses as well as of some individuals who saved themselves from being shot to death, the following method was employed in this mass crime:
During the battles in the environment of Kraljevo, the German authorities in Kraljevo started to drive the population out of their houses, streets and shops and to lock them up in a camp situated in the yard of the railroad car factory. Patrols of the German Wehrmacht went from house to house driving out all men starting with children of 14 up to old men of 60 and above. All the citizens with their hands above their heads were led through the city in rather small groups.
Then they were formed into larger groups and driven into the camp of the railroad carriage factory. Before they entered the camp, they were counted, identified and registered in books by German soldiers. Then they were locked up together with the rest of the camp inmates. The Germans selected groups, each of 100 citizens, and took them from the camp. They were put in front of a machine gun on a site previously selected in front of open graves and shot to death. After the fire of the machine gun had mown this group of citizens, the German soldiers walked among the dead citizens, and anyone shewing signs of life, or whom they did not believe to be dead, was finally killed by a shot from a machine pistol or from a pistol. Having liquidated one group, the Germans, in the same way, brought up the second group and so on. In this way, the executions were carried out from 15 to 24 October 1941. Up until now, it was not possible to establish exactly how many citizens were shot to death in Kraljevo on this occasion since the families of all victims did not make any reports and taking into consideration that at that time many refugees from different areas of Yugoslavia, as Bosnia, Herzegovia, Lika, Macedonia and other areas, were living in Kraljevo. The majority of these refugees were working as laborers and employees at the railroad carriage factory and at the airplane plant in Kraljevo. Their families - insofar as they had any - could not find out anything about their death. However, meanwhile, many witnesses stated in their reports that according to their estimate between 4,000 and 5,000 persons were shot to death in Kraljevo on this occasion.
...........
In addition to inhabitants whom the Germans drove out of their houses in Kraljevo during that time and whom they led to the place of execution many residents arrested by the Germans previously in different places and locked up as hostages in the camp of the railroad car factory were shot to death on this occasion.
Furthermore, at that time, a great number of inhabitants were shot to death who had just been brought in three transports to the railroad station of Kraljevo.
These were refugees from Kosovo and other Southern areas. The Germans had driven them together with other inhabitants, led them to the place of execution and shot them to death with the other citizens.
These shootings to death were directed and participated in by the penal expidition composed of elements of the 717 German Division under the Command of General Horsterbach whose 749th Regiment at that time executed reprisal measures in Kraljevo and neighborhood against the civilian population because of the battles of the People's Liberation Army which at that time had taken on considerable dimensions in that area.
It is signed by the President of the Serbian Commission, and attested on the 24th January 1946, and then follows a certification that this copy corresponds to the original, and it also bears the certificate of the delegate of the Yugoslavian Government, who is currently accredited to the Office of Chief of Counsel for War Crimes, United States, in Nurnberg, and his certificate is dated Nurnberg 29 May 1947.
Then the next report starts at page, -- numbered page 91. It is 76-E, - E for easy. Again the National Commission for the Investigation of Crimes committed by the Occupation Forces Republic of Yugoslavia, National Commission for the Investigation of Crimes committed by the Occupation Forces and their Accomplices.
On 19 Oct. 1941 as well as an several days preceding, German airplanes dropped leaflets ordering the population in the area of the community of Groznice, Mala, Pcelica, Erdeca, Vijiste, Adzine-Livade and Tresnjevik of the community of Groznice, were in the vicinity of their houses. But many of them, because it was Sunday and the Feast of St. Thomas were in the village church when the penal expedition of Major Koenig, already known for his criminal activity in Serbia, arrived in two groups on 19 Oct. 1941, before the village of Groznice from the direction of Kragujevac. One of the groups came in an extended formation, the second one on trucks along the main road because this made easier and more rapid the blocking off of the village. Then the German soldiers armed to the teeth, speedily showed their "Knighthood" and their "Combat Spirit" toward the peaceful and helpless peasants of this village.
Several groups of German soldiers spread through the village and picked up all male inhabitants wherever they met them, at home, on the street, or in church.
But those who attempted to save themselves by flight were fired on by all sorts of weapons and were killed. Those who were captured were machine gunned in groups of 30 to 50 men without any explanation. Those who still showed signs of life were finally killed with revolvers. Thus, they drove the shepherd Lubisa Manica who was only 14 years old, away from his herd and shot him to death. The Priest Nikola Leksica who was reading mass in the crowded Church, and all male inhabitants were driven out of the church and shot to death. The entire male population from the village of Groznice was killed. A considerable number of families remained without men.
Up until now it has been established that 206 men were collected and shot to death by the above method, mainly from the community of Groznice but including some travelers from Kragujevac and other villages who had been captured by the Germans on the road Kragujevac - Groznice. 196 of these persons were shot to death, 10 persons though heavily wounded remained alive. The Germans believed, these had been killed with machine gun fire and they did not give them the death blow with the revolver.
............
The Germans found the guilt of the peasants of the community of Groznice in the destruction of the bridge near the village of Groznice. The perpetrators were unknown and this obviously represented only a ficticious justification.
It was signed 19th November 1943 by the President of the Commission, Dr. Dusan Nedelkovic, and is attested by Secretary Ivan Strasek, and it is certified as being a true copy, bears the stamp, and it also has the certification of Dragoljub V. Katic, the delegate of the Government of the Federated People's Republic of Yugoslavia, with the Office of Chief of Counsel in Nurnberg.
The next report National Commission for the Investigation of Crimes committed by the Occupation Forces and their Accomplices, Investigation No. 1814/II, Democratic Federated Yugoslavian National Commission for the Investigation of Crimes Committed by the Occupation Forces and their Accomplices:
REPORT "For the purpose of intimidation and for the preservation of obedience in occupied Serbia, the authorities of the German Occupying Power have applied a series of drastic measures.
Among the crimes which in their brutality surpass all the other innumerable crimes, the mass blood bath in Kragujevac on 21 October 1931 takes first place.
"The crime was carried out within the framework of an extensive plan which included nearly all of Serbia. In addition to the Germans, our treacherous helpers of the Germans, in particular members of the voluntary LJOTIC Organization participated in the execution of this criminal plan.
.........
"The crime took place in the following manner:
"About 10 days before the execution of the crime a battalion of German troops came to Kragujevac as reinforcement of the German Garrison. On 15 or 16 October the 5th Volunteer Battalion under the command of Bosko Pavlovic arrived in Kragujevac. Some days before, the Ambassador Extraordinary of the Serbian Government BOSKO PABLOVIC arrived in Kragujevac.
He summoned a conference of reputable citizens and of former politicians.
He was confronted with universally passive attitude concerning the fight against partisans.
"Since the action at BOSKO PAVOLOVIC was a failure, it was decided to carry out the plan since sufficient fighting forces had been assembled. Previous to that, mass shootings to death were carried out and the villages of MOJNIC - MECKOVAC and GROSNICA near Kragujevo were set on fire.
"At an earlier date, on 1st October, 1941, Baron von BISCHOF HAUSEN, the district headquarters commandant, had insisted to the principals and administrators of the Krugujevac schools that pupils continue to attend school. Since the pupils continued to stay away from school, von Bischofshausen - on 17 October 1941 - again called all principals together. He ordered them to have all pupils without exception attend school. In case of non-compliance, students as well as their parents would be considered saboteurs and shot to death as such. Such threats caused the pupils to attend school regularly. On 20 Oct. on the day of the general raid, the schools were fully attended.
"On 18 October 1941, German soldiers, on the basis of a special register arrested all male Jews and all those whom they considered to be Communists. These were locked up in the barracks of the former motor vehicle detachment on the STANOVLJA Field. They were kept here, almost without food until 20 October 1941 and all of them were shot to death at 6 P.M. on that date. Their bodies were found in the barracks where they had been kept and in the yard. They were dispersed in all directions just as they attempted to escape death in their panic. Here, about 60 people were killed including some women. The Germans took the property of the persons killed. On 20 October 1941 the general roundup of the men in Kragujevac started. The Germans blocked all exits of the city. But the peasants from the surrounding villages coming to Kragujevac on business were permitted to enter in order that they might be captured later on, and shot to death. Germans and volunt eers participated in the raid.
It frequently happened that the volunteers captured exactly those which the Germans had happened to pass by, without pity and without exception.
"The Germans invaded High Schools and Institutes and during the instruction periods they took out professors and pupils from the 5th class upwards. They made them line up in threes and took them away. All workers employed on the LEPENICA River works were rounded up. This included many children. These too were taken along. All public buildings were surrounded and those who were inside were rounded up and taken away. The LJOTICEVCI under the immediate command of MARISAV PETROVIC, reorganized the community administration. STRAHINJA JANJIC was appointed mayor. All other civil servants were arrested and turned over to the Germans. Priests and sextons were arrested in the church disregarding the necessary respect for the Church. Finally STOSIC, the Police Chief turned all prisoners, political and criminal, over to the Germans. A great number of persons were arrested in their houses and taken away under threats or false pretenses. The Germans reinterated constantly that they were only being taken to exchange their identification papers. German culture made it impossible for them to carry out shooting to death. Thus they were successful in taking people passively and without resistance. The LJOTICEVCI first took the prisoners to their headquarters in the school of King Peter II. Then they were turned over to the Germans. All prisoners were taken to the yard of the barracks of the 3rd Artillery Regiment. There they were searched and everything such as tobacco, lighter pocket knives, watches, fountain pens and similar things, was taken away from them. From those who came from the jail, more than 50 were separated in the barracks yard. On the evening of the same day they were taken to the STANOVLJAN Field where mass executions were carried out by machine guns. Only a few were able, by sheer accident, to save themselves. Some were successful in escaping, some were only wounded during the shooting and the Germans did not notice it and did not finally kill them.
"The other prisoners were locked up in a cannon shed. They passed a horrible night, pressed together like sardines, without food and water. Certain persons, because of the personal intervention by MARISAV PETROVIC, had been released previously. On the next day, during the course of the executions, he separated those persons who were followers of LJOTIC and for whom he guaranteed.
"At 7 o'clock in the morning of the next day, 21 October 1941, the mass executions started. The Germans took one group after another from the barracks and proceeded with the separations. A small number, mainly specialists and persons of foreign nationality, were separated. The others, guarded by Germans, fully armed, were taken in groups of from 60 to 120 to the nearby brook. They were ordered to line up into rows. Then they were killed by fire from heavy machine guns. After that they inspected the people who had been shot. Whoever showed the slightest sign of life was finished off with revolver or rifle shots. They covered them with corn stalks and then went off singing to get a new group. That is the way it went on the entire morning until 2 o'clock. After everything was finished, they paraded through the city.
During the executions Major Koenig himself appeared, to take a look at the progress of the shooting.
"About 400 of the prisoners who had hot been shot to death, were separated and detained as hostages. The others were released after Marisav PETROVIC, in the presence of a German officer gave them a lecture on the magnanimity of the great German Reich and requested them to shout "Heil Hitler".
Only a small number were able to save themselves from being shot to death, either by escaping or by receiving only accidental wounds. In order to stop further attempts of escape, the Germans tied the last groups together with rope or even barbed wire.
"Until now, 31 mass graves and many individual graves have been found. Names of 2324 people who were shot to death have also been estab lished.
"Among the persons shot to deaths were many young men below 18 and children too. There were persons over 70 years of age too. All professions were represented including intellectuals, workers, and peasants. There were teachers, students and ministers, business men, tradesmen, civil servants, judges, workers and apprentices. On the basis of reports received, 8 ministers, 16 teachers, 15 professors, 59 students, and 17 apprentices were shot to death.
The following number of children below 18 years of age has been established as killed up to now: 5 children 12 years old, 3 children - 13 years old, 4 children - 14 years, 9 children 15 years old, 20 children 16 years old, 37 children - 17 years old and in addition 66 adolescents 18 years of age. This makes a total of 144. 11 persons over 70 years of age were also shot to death.
"There were incidents where they dragged sick people out of their houses and threw them on trucks to take them to be executed. Invalids also and people without feet were taken away. Some volunteers under the command of I.R. ZILA ZDRAVROVECA made it their task to round up all gypsies. There were 4 old men among the gypsies who were totally paralyzed. They were thrown like sacks on to the trucks by the volunteers. During the executions, all sorts of disgusting incidents happened. For instance: MILOSAV M. RADOJKOVICE was taken to the place of execution with his father. During the sorting out, the father was separated from the group who was to be executed. When the father saw that his son was to be executed, he suggested to a German officer to take his son's place to be shot to death. The German immediately made the exchange.
"Another incident: The Germans separated 4 children from the group which was to be shot to death. MARISAV PETROVIC asked the Germans to release two more from the group which was to be shot to death. He offered 5 others in exchange. When the Germans agreed, MARISAV PETROVIC gave them 5 young men. Two of them had been released earlier. One of them was able to save himself in such a way that his father was shot instead.
However the second one, son of BOSKO PETLJANSKI was shot to death. After the executions were finished, the Germans and volunteers robbed the corpses as they were being buried. A lot of the loot has appeared in the city.
"In addition to persons from KRAGUJEVAC and neighborhood a group of people from GORNJI MILANOVAC was brought in. This group, too, was shot to death on 21 Oct. After the crime was finished, the Germans did not permit the relatives to view the bodies. Anyone who tried to view the bodies was fired on. A special group of people who had received orders not to leave any traces of the place of internment was hired to bury the bodies.
"In order to hide any official traces which might show up these horrible crimes, the German authorities prohibited a public mass for their souls. Only priests were permitted to be present. By order of the German authorities the ecclesiastic death certificates were not permitted to indicate "shooting to death" as cause of death.
"The German authorities went even further. They gave certificates to the families which stated that the persons shot to death allegedly lost their lives during the fighting in KRAGUJEVAC on 21 October 1941."
Belgrade, 15 August 1945, signed by the President of the Commission, certified, and certified as a true copy, and also bears the certificate of Dragoljub V. Katic, delegate of the Government of the Peoples' Federated Republic of Yugoslavia to OCC, dated Nurnberg 2 June 1947.
We shall have occasion to present other parts of this report at a later time; and at this time, also as part of Exhibit 100-A for identification -- or 100-B, in evidence, we have a series of photographs which come from three sources. The first are from photographs captured from German troops; the second are from photographs captured from German troops and delivered to the -- and delivered by Allied troops to the custody of the Commission in Yugoslavia; and the third are photographs confiscated from the German Administrative Sub-Area Headquarters in Belgrade. There is also one poster contained here. These photographs bear the same certification as the copy of the report which has been offered and are from the archives of the National Commission for the Investigation of War Crimes in Yugoslavia.
DR. LATERNSER: Your Honor ...
JUDGE BURKE: Just a moment, please, the Tribunal doesn't know whether you are making the offer of this group of photographs as part of the exhibit 100b.
MR. DENNEY: The switch, your Honor -- it is not going into the record.
JUDGE BURKE: The Tribunal desires to know whether you are offering the photographs as a portion of Exhibit 100b.
MR. DENNEY: Yes, your Honor, the photographs were not referred the other time. This is all part of the report that has been brought here; for the convenience of the Tribunal it would be better to give it another number. I should be glad to do whatever the Tribunal wishes.
JUDGE BURKE: You may proceed, Dr. Laternser.
DR. LATERNSER: Your Honor, there is a rule here that all material for evidence which is offered to the Court must be submitted to the defense 24 hours in advance. Since this has not been done in this case, I want for this reason alone to object to the submission of the photographs. Before the photographs are submitted as evidence, I must have had the opportunity to have a look at them in order to make eventual objections. For this reason and this thought I ask that this evidence is not accepted. I propose that the question whether they are accepted or not be decided on after 24 hours, after I, as defense counsel, have had an opportunity to look at them.
JUDGE BURKE: Do you have any comments upon that subject of the 24-hour matter, Mr. Denney?
MR. DENNEY: If your Honor pleases, that is a rule that has been honored more in the breach than in the observance but I certainly cannot contend that Dr. Laternser does not have a right to look at them before they are offered.