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.
He certainly does and if he hasn't seen them, the reason they were not passed out before is because of the fact that your Honors excluded the exhibit at the time of the first offer and it was felt unnecessary to take up the time of the court in distributing the photographs.
Perhaps, if Dr. Laternser could look at the photographs overnight then in the morning he would be in a position to make any objections, if any - what objections, if any, he has to their offer.
JUDGE BURKE: It is the ruling of the Tribunal that he should be given the opportunity to examine them within the period indicated -- namely, 24 hours.
MR. DENNEY: Excuse me, your Honors.
I am now handing Dr. Laternser the original exhibits which we propose to offer, the pictures with the Jugoslav text and the seal of the National Commission for the Investigation of War Crimes on the back of each picture, save two or three where it has been necessary to photostat the front side and the back side to bring them to Nurnberg, also an English translation of what there appears.
I am delivering the duplicate original set of photostate with the Jugoslave photostated and a German translation of the matter which appears in the Jugoslav language on the back, on the reverse side of each picture.
JUDGE BURKE: Then it is mutually agreed that the period of 24 hours shall be allowed for such examination as Dr. Laternser desires to make in the photographs?
MR. DENNEY: Dr. Laternser has informed me he can examine them this evening, your Honors, and will have no objections to my again making the offer in the morning at the opening of court.
DR. LATERNSER: Your Honors, that speaks for myself. I cannot make this statement for my colleagues. Maybe my colleagues want to have 24 hours. I personally am agreed that this can be offered tomorrow morning.
MR. DENNEY: Well, there are two sets of the pictures and I see five other counsel for defendants here. Perhaps, they would be willing to look at the original or the copy between now an tomorrow morning so that we can again make the offer at that time. I submit that there is -
JUDGE BURKE: In any event, if there is not complete agreement with respect to the period of time between now and the morning, it may be considered that the full 24 hours will be allowed. There is no such great speed involved.
MR. DENNEY: Yes, your Honor. I am perfectly willing.
DR. HINDEMITH (Assistant of Dr. Rauschenbach, counsel for defendant Foertsch): At this time, your Honors, I would like to point out to the Tribunal that this rule, to allow 24 hours before presentation of a document before the Court has never been abided by. Document Book No. IX which has been offered this morning -- or, rather, this afternoon -- was only given to the defense yesterday afternoon. That makes it very difficult for the defense because there is no possibility -- it makes it very difficult for the defense to talk with the defendant.
JUDGE BURKE: To which subject is the counsel addressing the Tribunal and what objection?
DR. HINDEMITH: I would like to ask the Tribunal to tell the prosecution quite generally that it should abide by this rule of procedure.
Document Book IX has only been given to us yesterday afternoon. It is already being presented not in the afternoon session. The 24 hours term has not been kept in this case.
JUDGE BURKE: No objection has been raided by counsel up to this time.
MR. DENNEY: If your Honor please, we have furnished the defense counsel with many more documents than we have already used and I believe that everything that has been in Document Book IX has been in the Defense Information Center for quite some time and, while the actual book itself was not furnished until yesterday, I dare say that almost all -- by that I mean more the 95% of the material -- was available to them long before yesterday.
JUDGE BURKE: We will proceed.
MR. DENNEY: At this time we would appreciate it if we could serve to the counsel for the defense, and also give copies to your Honors some additional parts of this report so your Honors perhaps may have an opportunity to glance at it in case there are objections made. There are some several pages here, 20 or 30 -- if that's agreeable with the Court.
JUDGE BURKE: That may be considered as agreed on by the Tribunal.
MR. DENNEY: We will also hand to counsel for the defense eight more sets of the pictures. Now they have a complete set of the pictures for every one of defense counsel in addition to the original set, and all of the nine sets have the text in German and in Jugoslavian -- and we also deliver three sets for the court.
JUDGE BURKE: We will reserve the examination until after the conclusion of such objections as may be made.
MR. DENNEY: The only reason I handed them to your Honors is because if objections are made you will certainly have to look at them then, it would seem and I am just -I am not trying to show the Court something indirectly that I may be prohibited from doing directly, but it is submitted that -
JUDGE BURKE: Well, subject to the ruling that the Tribunal made with respect to the whole document, I think it is perfectly safe.
You may proceed.
MR. DENNEY: Thank you, your Honors.
MR. DENNEY: I now hand the defense counsel nine copies in German of an interrogation conducted in the Military Prison, Belgrade, on 24 March, 1947, of one George Kiessel, and one copy in German and English for each of the reporters and the interpreters, and again, three copies for the Court. This is still part of Exhibit 100B.
The Court has now to received some additional pages starting out, "To the Population of Valjevo and Neighborhood". This is again part of Exhibit 100B, and I hand to the counsel for the defense 9 copies in German, and an English and a German copy for the reporters and interpreters, and three copies for the court, of the further sections of the report. This part is headed. "Novi list (Neues Blatt), 5 August 1941.
There are 9 copies for defense counsel, in German, copies in English and German for the interpreters and translators, and for Major Hatfield, of the exhibits, with an English translation of each.
These are not for the record. We are giving Major Hatfield a copy of the photographs, which he is now receiving.
Now may the record show that the defense counsel have received all of the material which comprises the official report which has been submitted here of the National Commission for the Investigation of War Crimes of Yugoslavia.
THE PRESIDENT: Do you so concede Dr. Laternser? For the record it is so conceded.
MR. DENNEY: This is all that we offer at this time.
There are additional excerpts which may be offered later.
THE PRESIDENT: Subject to the same ruling.
MR. DENNEY: Oh, yes, your Honor.
Turning again to Document Book 9, page 51 of the English and 65 of the German, we come to NOKW-1722 which is offered as Prosecution's Exhibit 228, in evidence: These are reports, orders, and memoranda concerning a conference with the Commanding General Serbia, dated 2 October 1942, and is taken from the War Diary of the Commanding General and Commander in Serbia.
"Conference of Chief's of Staff Salonika General for Special Missions von Unruh/OKW will call on garrisons and offices to check on garrison installations, table of organizations etc."
And then the note:
"(a person of a highly suspicious nature)."
"Chief of OKW has issued an order that certain punishable deeds of the non-German population particularly in the southeast area are not punished severely enough. In order to achieve an effective deterrent effect, these punishable deeds in particular which are directed against the Wehrmacht are to be punished more severely, the punishment to be executed ruthlessly. Aiding and abetting the enemy and unauthorized possession of arms is to be paid for with death.
A reasonable composition of the Courts must be attended to. The ideas of the judges are much to clement for the fourth year of the war. In cases of suspected espionage most severe measures must be employed."
"Our Divisions frequently seem to have a too pro-Serbian attitude. The SS will offer example." And then enclosure 29 of the War Diary for 10 October 1942.
Subject: Precautionary measures against enemy attacks.
The treacherous attack on an officer with lethal effect compels greatest precaution toward the cunning enemy. The carelessness observed in different places is out of place even in times of complete quiet! The movement of individual soldiers outside of the billets and at night offers to the insurgents an easy opportunity for attacks.
Because the insurgents fear German reprisal measures one must count on the possibility that - contrary to previous custom - the German soldiers who have become victims of the attack will be hidden away.
For the protection of the German Wehrmacht I order therefore that the established reprisal measures for dead and wounded may also be entended in the future in accordance with the situation to missing German soldiers pursuant to an application.
This, if Your Honors please, is from Baden, the Lt. General of Artillery, Commanding General and Plenipotentiary, in Serbia, and it is signed by him.
Then on 10 October 1942, again the distribution of this next order appears on the following page, and went through the information of the Wehrmacht Commander Southeast, who at that time, of course, was Loehr, who had just moved in. This is:
"Treatment of captured insurgents in Serbia and States:
1.) A person encountered carrying aims or assisting insurgents during combat actions is to be hanged or to be shot dead as a matter of principle. Leaders, political commissars and couriers are to be interrogated first of all if possible in collusion with SD.
2.) Insurgents taken outside of combat actions, insurgents who have surrendered giving up their arms, persons arrested under suspicion of belonging to the insurgent movement, of having aided and abetted the insurgents or in any other manner coop erated with the insurgents are in general to be turned over to the Commander of the Security Police.
This does not infringe upon the authority of the Commander of Administrative Sub Area Headquarters to instigate and execute court-martial procedures."
Then dropping down to 4, on page 67 of the German text, "4.) Persons arrested who do not come within the province of a court martial trial will be treated as follows:
Persons whose guilt has not been proved will be released or sent to a prisoner of war camp Convicted persons will be made available for the Plenipotentiary General for Economics to procure voluntary work for him or they will be deported for compulsory labor by the Commander of the Security Police in either case in accordance with the degree of their guilt.
And there again there is an illegible initial, but one order is signed by Bader.
Then again on the 10 October 1942 he makes a report to the Wehrmacht Commander Southeast with reference to an early communication which is cited there of 3085, 7 October 1942, Point "A", which was referred to in the earlier communication. Bader states:
"Has been settled by agreement with the Senior SS and Police leader in accordance with the enclosed order. Even in accordance with the ruling up to now only those persons can be sent to prisoner of war camp who have not been convicted but whose evacuation from Serbia seems to be required as a precautionary measure."
Again referring to the basic communication.
PRESIDING JUDGE BURKE: We will pause at this point and adjourn the Tribunal's hearing until 9:30 tomorrow morning.
MR. DENNEY: If your Honor please.
(Tribunal recessed until 0930 hours 25 July, 1947)
Official Transcript of Military Tribunal V, Case VII in the matter of the United States of America against Wilhelm List, et al, defendants, sitting at Nurnberg, Germany, on 25 July 1947, 0930, Justice Wennerstrum, presiding.
THE MARSHAL: Persons in the courtroom will please find their seats.
The Honorable, the Judges of Military Tribunal V.
Military Tribunal V is now in session. God save the United States of America and this Honorable Tribunal.
There will be order in the courtroom.
THE PRESIDENT: Marshal, you will ascertain if all the defendants are present in the courtroom.
THE MARSHAL: May it please your Honors, all the Defendants are present in the Courtroom.
THE PRESIDENT: You may proceed on behalf of the prosecution.
MR. DENNEY: May it please your Honors, yesterday the court gave permission for the withdrawal of Exhibit No. 100B, so much of it as had been received in evidence, and that the photostatic copies be made, and I now hand the photostatic copies of the original Yugoslav reports back to the Secretary General.
I have discussed, informally, with some of the defense counsel, the question of proceeding with the balance of Exhibit 100B at this time, and it appears that one of the counsel who objected is not here at this time, so perhaps it would be best to pass it for the time, in view of the fact that he is not here to indicate whether or not he has had an opportunity to examine them.
At the close of Court yesterday, we were on Exhibit 228, which is NOKW 1722, and I should again like to direct the Court's attention to the fact that this is the period August '42 to August '43, during which time the defendant Geither was chief of staff to the Plenipotentiary Commanding General in Serbia, and the defendant Foertsch was chief of staff to the Armed Forces Commander Southeast, who at the time, as the Court will recall, starting with 9 August 1942, was General Loehr.
Then there is one part of the present exhibit which has already been read to which I should like to direct the Court's attention. It was the last page, 53 of the English, and 66 of the German, on the treatment of captured insurgents in Serbia, dated 10 October 1942.
It refers at paragraph 1 to "political commissars," on the 3rd line of that paragraph. I neglected to point that out in passing, yesterday.
Turning to page 68 of the German, and 54 of the English, still on Exhibit 228, the report for 10 October 1942, to the Wehrmacht Commander Southeast, Point (A), this is in reply, - we were in the middle of this yesterday, -- this is in reply to a communication from the Wehrmacht Commander Southeast, to the Commanding General and Commander in Serbia:
"Point A) has been settled by agreement with the Senior SS and Police leader in accordance with the enclosed letter. Even in accordance with the ruling up to now only those persons can be sent to prisoner of war camp who have not been convicted but whose evacuation from Serbia seems to be required as a precautionary measure."
DR. LATERNSER: I dislike to interrupt here, but I have just been told that the transmission is not in order, in the case of the defendants.
MR. DENNEY: The defendants cannot hear, nothing is coming through on their earphones, your Honors.
THE PRESIDENT: Let the record indicate that the defendants can now all hear, and we will proceed.
MR. DENNEY: Thank you, your Honors.
"Point A) has been settled by agreement with the Senior SS and police leader in accordance with the enclosed order. Even in accordance with the ruling up to now, only those persons can be sent to prisoner of war camp who have not been convicted but whose evacuation from Serbia seems to be required as a precautionary measure."
Point B of the original communication is being referred to.