"(6) On the 24 December (Christmas Eve) the houses near the old shooting area near Storvannet, a single h use in Breillia (Roy Pedersens) and a few little barracks, the building on Einan and the Ilslageret were burned down (for nothing).
"(6a) On 27 December the remaining houses in Breilia and the nursery, the Villa Nissons and the rest of the barracks around there were burned down. On the same day probably also the buildings below the power plant were burned down. On 28 December the large Naval barracks on Skansen Fuglenes were burned.
"On one of the first days of 1945 the buildings west of Stottabakken on Fuglenes (5-6 houses) were burned down. "(7) On 12 January 1945 The buildings east of Storelven were burned down i.e. the entire Molla and Mollaplataa including the buildings on the spur of Storelven from Storvannet. However, not the factory of Hauan with its storage plant where cement was kept.
"(8) On 13 January 1945 all of Fuglenes, so to speak was burned down excepting the steam operated factory of Fuddersen & Nissen and the landing stages there and the two western buildings up above including three houses in Fuglenesbugten. Still remaining are the buildings of the coal depot of Robertson and the hospitals with the apartments for the physicians and janitors.
"(9) ..............
"(10) The following were burned on 20 January: the remaining parts of eastern city district between Storelven and Material- and Stenkuls Kleminningen building on Batteriebakken up to and including the corner building number 474 with the three houses in the back below the new sub-stations.
"(11) On the following days the main building of Robertson and the packing houses in Fuglenes and the landing stages and buildings were demolished. These belonged to the Finmark Canning Factory.
"(12) After the houses on the southwest side of Storvannet had been evacuated (the Prohibited area) which had been requisitioned by the Naval Commandant they were all burned down and a newly erected bunker building with tremendous iron concrete walls and iron concrete roof (broadcasting station etcetera) was blasted.
"In connection with the burning down of the city all poles of the electrical power lines were sawed down, the insulators were broken and the wires were rolled up and sent away. Transformers and the equipment of the transformer stations also were dismantled and sent away with German ships. As early as 19 November 1944 the dismantling of unit II of the power station was started after the old direct-currency generator for 1890 had been taken away. Generator III with the switch table and switches and the regulator of the turbine later was sent away by a German ship. Further dismantling was unsuccessful.
"On 4 December the destruction of the high voltage power line Persa-Hammerfest was started. They left the poles a good meter above the surface. The insulators were broken and the copper wires were cut, tolled up and taken away. Usually it was cut off at each pole so that the wire has only old metal value. I do not know what happened to the transformer poles later.
"On 6 February 1945 I received orders to leave the city, together with all Norwegians and the German units and the Russian prisoners.
Only a small detachment of engineers (blasting detachment), consisting of about 20 men and one lieutenant, and the evacuation authorities and a Norwegian tugboat with two Norwegian engineers on board remained. I received information from them concerning the fate of the rest of the city which was confirmed by the Germans mentioned above whom I met in Tromsee.
"(13) When we were in Haaja, fire was discovered in the district of the elementary school. Its reflection was visible to the neighborhoof of Loppa. All the remaining buildings in the center district of the city from Krutthusgaten to the steamer landing stage were burning all night, also all churches. A fresh southern wind prevailed. The German port captain related that 'unfortunately' fire had broken out in the Soldiers Home on Sadel Street (No. 353, together with No. 49, where the blasting detachment lived). It had been hoped that the church would remain but the tower started to burn and the church also was lost. On the following days the installation of the bunker depot was burned down and the crane tracks were blasted as well as the salt silo. But the demolitions did not work out as successfully as they were planned. The hospitals with the two apartments also were blasted and everything was levelled to the ground. The other buildings of Fuglenes and in the western part of the city and by the way some other houses - all of wood -- were burned down. The refrigeration plant and the administrative building of FFR - both of them of iron concrete - were blasted.
"The steamboat landing stage also was blasted but later the tug had great difficulty to break up the supporting pillars and here the blasting did not seem to have the intended effect either.
"The bridges across Storelven and Svartelven were blasted. The crews were prohibited from going ashore because mines had been laid.
I wish to add in this connection that two German members of the Organization Todt (engineer Beer and one soldier) lost their lives on 24 January in one of the many shelters of the civilian air raid protection (near Svartelven) where tread mines had been laid also.
It seems that in the main street as well as in all side streets which were open for automobile traffic such mines were laid until the end.
"The power station with the remaining machines and transformers was blasted on 5 February at 10:00 o'clock after the plant had stopped functioning at 9:00 o'clock. It was alleged that afterwards the dam was blasted and the pipe lines probably were blasted in some spots. All transformer stations were blasted after the electrical apparatus and the transformers had been dismantled and removed. The high voltage cables in the stations were cut above the floor but they are believed to have remained undamaged otherwise excepting near two blasted bridges.
"It is assumed that of the water work units the intermediate dam ....and the installations of the reduction valves had been blasted - in any case bombs had been brought there. Also a nine inch main line in the tubular bridge across Storelven where depth bombs had been laid. It seems that the line to Fuglenes was destroyed by the blasting of the bridge across Svartelv and/or of the road near this bridge. The jetty on the city side and the jetties on Fuglenes are undamaged.
"As stated above, after each burning the foundations, the smoke stacks, etc. were systematically blasted and leveled to the ground. It seems that the part of the city which was burned down after the sixth represents an exception. There the blasting was started. It stopped when the Germans suddenly left the city on 10 February 1945. Some smoke stacks, etc. were left standing near the Oscars-Plass, elementary school. It is possible that the Zentralkommandoplatz (iron concrete on the first floor) also has been forgotten. It was covered by snow on 6 February. On 10 February 1945 only the chapel in the cemetery remained standing.
"Temporarily Oslo, 20 April 45, signed Kummeneje (City Engineer)."
The next page attached to it was:
"To the Population.
"It has been decreed that the compulsory evacuation of the popula tion of Finmark will be carried out immediately.
"In Hammerfest this compulsory evacuation is to be carried out in the following manner.
"The section Fuglenes--Storelven is to be evacuated by 12 noon Monday, 30 October. People who do not go without delay to the Evacuation Office in the City Hall, 2nd floor (tax office) in order to be assigned transportation will be picked up by the" -- there is an asterisk -- "Police and the Wehrmacht.
"The Evacuation Authorities.
"*) Changed later to 'den vepnede makt' (Armed Forces, Wehrmacht)"
JUDGE BURKE: Mr. Rapp, without indicating that the document you have just read will have any evidentiary value or will be accepted as having any probative value, I am wondering about the ambiguity in the translation of the second paragraph you have just read.
MR. RAPP: Your Honor is referring to "In Hammerfest this compulsory evacuation is to be carried out in the following manner."
JUDGE BURKE: Yes. The apparent difference in being able to translate the language as to whether they were evacuated by the police or Wehrmacht, or by the Armed Forces, Wehrmacht.
MR. RAPP: Your Honor, I have been advised that the insert was put in there for the benefit of the Norwegian population to whom this particular proclamation was addressed, and it in both instances means the same. In other words, the word "den vepnede makt" is the translation into Norwegian of the German word "Wehrmacht", and that has boon put n parenthesis. I believe that is want you are referring to in the above paragraph. If Your Honors permit me I would like to show you the original, how it actually looked and was corrected.
"The time for compulsory evacuation of the next part of the city will be published by proclamation.
The Evacuation authorities.
") Changed later to "den vepnede makt" (Armed Forces, Wehrmacht."
If Your Honor will turn now, please, to page 26, page 28 of the German Document Book, Norwegian Doc. VI has been marked for identification as Exhibit 523-A.
We are submitting it now as Prosecution Exhibit 523.
DR. FRITSCH: Your Honor, I would like to ask the Prosecution who Preuthun should be, whether the Prosecution asserts this is a subordinate of the defendant Rondulic?
MR. RAPP: Your Honor, the individual Preuthun was an evacuation commissioner appointed by the then Norwegian Minister President Quisling. The sole purpose of this document is to show that these facts as contained in the document and reported within their own, then Quisling, Government, did happen during the evacuation. Minister Whist is minister of the Government at that time, and Preuthun was evacuation commissioner of some liasson position to the 20th Mountain Army.
DR. FRITSCH: I protest against the introduction of this document as evidence, because I don't think that this evidence is relevant. It has nothing to do with the defendant Rendulic.
MR. RAPP: Your Honor, this is an allegation on the part of defense counsel which we cannot concede. I think it has very much to do with the defendant Rondulic, because it shows what actually happened during the evacuation, and it was found in the Quisling files of the Norwegian-German puppet government at that time, and we feel it has strong probative value, because it shows what occurred during the evacuation and the date is fixed at the time, so that the defendant Rendulic was in charge of the evacuation.
THE PRESIDENT: In the light of our previous rulings it will be admitted, however, the Tribunal by that admission is not indicating what, if any, probative value it will later give to this document.
MR. RAPP: It is dated, Hammerfest, 3.11.44, 1655 hours.
To Minister W H I S T For information concerning situation stop SCHONER "Fortuna" 50 tons loaded from Lesbesby with 250 persons including Old Age Home and 10 persons confined to bed half frozen to death on deck stop Seventeen hours to here stop Transport must be continued in the same manner stop The people received warning two hours before and were ordered not to take along food or bedding since according to original German plan the men were to walk from Bellefjord to Hamuerfest stop signed PREUTHUN
MR. RAPP: Now, Your Honor, the last document in this Document Book 25, you will find on page 33. It is page 36 of the German Document Book. This was marked for identification as Exhibit 518-A, and it is now submitted as Prosecution Exhibit 518. These are the charges of the Norwegian War Crimes Commission before the United Nations War Crimes Commission in London pertaining to the evacuation of the Province of Finmark, Norway.
DR. FRITSCH: Your Honor, I protest against the introduction of this document. This document has already been mentioned, and I reserved my protest, because this is, as I have already said, surely an indictment. The probative value, therefore, can only be as great as if the prosecutive authorities here made some kind of an assertion. Any kind of probative value cannot be gained from such an indictment.
MR. RAPP: The defense counsel told us the same story yesterday, and I understand the Tribunal told us at that time it will be admitted for what it is worth.
DR. FRITSCH: Your Honor, a ruling was not made. Yesterday I merely protested against the form of this document, and I was told that a certification by Col. Follestad would be submitted, and therefore I reserved my further attitude.
MR. RAPP: Your Honor, I believe we mentioned yesterday this report was an official Norwegian Government report.
THE PRESIDENT: Mr. Rapp, did I understand your statement that this was an indictment, it was a part of same proceedings in England?
MR. RAPP: No, Your Honor, I mentioned that this is a report in the nature of an indictment, or rather in the nature of charges. That is the accepted way of the United War Crimes Commission. In other words, these Government reports can only be accepted by the United Nations in the form of these charged. They are not being submitted to the United Nations War Crimes Commission merely in presenting the evidence as it appears without the charges, and as such it was forwarded to us, and we picked it up as an official Government report made up in the form of charges.
THE PRESIDENT: The Tribunal is of the opinion it has no probative value as far as this defendant Rondulic is concerned, and the objection will be sustained and it will not be admitted in evidence.
MR. RAPP: Then your Honor we would like to have this document remain with the identification 518-A; is that acceptable to the Tribunal?
THE PRESIDENT: It is allright with us.
MR. RAPP: Mr. Fenstermacher will continue with Document Book 24.
MR. FENSTERMACHER: May it please the Tribunal, before beginning with the presentation of the documents in Document Book 24, I would like to hand to Dr. Laternser a copy of a memo which I received yesterday from the Yugoslav delegation attached to the Office of Chief of Counsel for War Crises. The memo is addressed to no fr m Lt. Col. Svonimir Ostric, Chief of the Yugoslav Delegation, It is dated Nurnberg, 26 August 1947.
"In connection with your inquiry this delegation is informed by the Yugoslav National War Crimes Commission in Belgrade, Yugoslavia, as follows:
1. "General Bader, Paul, is registered by the United Nations War Crimes Commission in London as a war criminal. He is not in Yugoslav custody, and the Yugoslav National War Crimes Commission does not know his present whereabouts.
2. "General Dandkelmann, Paul, was delivered to Yugoslavia by the British Occupation Authorities in Germany, and is now in Yug Slav custody in Belgrade, Yugoslavia.
3. "General Fohn, Gustav, and General Schmidt Ritzberg are registered by the United Nations War Crimes Commission in London, as war criminals. They are not in Yugoslav custody and the Yugoslav National War Crimes Commission dies not know their present whereabouts.
4. "Col. Zellmeyer, Joseph is at present in Yugoslav custody, in Belgrade Yugoslavia."
"The memo is signed by Lt. Col. Svonimir Ostric, as chief of the Yugoslav Delegation attached to the office of Chief of Counsel for War Crimes. This, Your Honor please, I think, takes care of all inquiries which have been addressed to the Prosecution with respect to the whereabouts of some persons in the which the defense have shown some interest with the exception of one George Kiessel. The Yugoslav delegation is attempting to contact Belgrade with regard to the whereabouts of George Kiessel, and when we find out that information I think it will take care of all outstanding requests by the defense to the prosecution.
PRESIDENT WENNERSTRUM: There were certain requests made yesterday were there not, as to certain Norwegian witnesses?
MR. RAPP: Your Honor, we have not received any such request.
PRESIDENT WENNERSTRUM: I mean in Court here.
MR. RAPP: In court they were made of a general nature, yes, your Honor.
DR. FRITSCH: Your Honor, during the submission of the documents I pointed out that I would reserve the right for these persons mentioned in the document to be called here for cross-examination.
Formal application I have not yet made. I will make it at a suitable time, with permission of the Tribunal.
PRESIDENT WENNERSTRUM: Whenever and if you desire to make the application you may do so in the proper manner.
DR. FRITSCH: Thank you, Sir.
DR. LATERNSER: Your Honor, I would like to recall that further such applications are on hand. I remember with reference to a Greek witness, and a witness Lenz, the Tribunal at that time, when I protested against the submission of the affidavits ruled that they should be striken from the record of the prosecution did not bring the witnesses in for crossexamination.
The same ruling was made in the Greek witness' case, and in the case of the witness Lenz, and I can definitely remember this.
MR. FENSTERMACHER: If your Honor, please I think the Greek witness to whom Dr. Laternser refers is Verikiari, who gave a report to the Greek government with respect to his experiences in a concentration camp in Athens. That report was submitted as part of the official documents of the Greek National War Crimes Commission, and I am not sure if I understood the Tribunal's ruling, at the time the report was admitted.
Did the Tribunal mean that we should bring the witness and produce him for cross-examination without an application in that respect by the defense, or since the report of Verikiari was part of the Greek War Crimes Commission's documents, was it accepted for whatever probative value if.
any, it had?
PRESIDENT WENNERSTRUM: I think it might be well for the defense counsel, - the respective defense counsel, - that may be interested in each particular case, to make the application so that there will be a formal record. There has been from time to time a request for the production of these witnesses, and we have indicated that if the witnesses were not brought here for cross-examination, the Tribunal then would give consideration to a motion to strike the respective documents that might be affected.
We believe, however, that it would make a bettor record, if the respective counsel who are interested in each particular case will make an application, and then if they are not presented, later make a motion to strike the particular document affected.
DR. LATERNSER: Your Honor I will observe these regulations.
MR. RAPP: With your Honors' permission, since we are talking for a minute about these prospective witnesses, I would like to call to your attention that it is in every and all instances, difficult for us to produce these witnesses, that is merely administratively difficult. We will get them if we possibly can, but I would like to have defense counsel cooperate with us in putting in those applications early, so that not a week before their case is finished, we are getting those applications, and then if we cannot produce them, that will be held in some way against us.
I think defense counsel should realize that there is a lot of red tape involved in getting these witnesses from foreign countries. I believe that is a reasonable request, and we arc trying everything in the world we can to get those people, but we are often depending on foreign governments, and a lot of other agencies and defense counsel should realize that.
PRESIDENT: In connection with Mr. Rapp's statement, it should be kept in mind that presenting these documents, also presents the responsibility of bringing these witnesses here for cross-examination. That is one thing.
MR. RAPP: That is correct, your Honor.
PRESIDENT WENNERSTRUM: Second, in connection with your statement as to the request for cooperation on the part of defense counsel, it seems to the Tribunal that at the close of the prosecution's case, the defense counsel will know what witnesses, if any, they wish to have brought here for cross-examination, and it will be the Tribunal's ruling, subject to later modification, if necessary, that any request for the production of witnesses should be made prior to the commencement of the defense' case, defense' testimony.
There will be a recess period. As to how long it will be we have not yet decided, but it will at least give you time to make your request.
MR. RAPP: Very well, your Honor.
PRESIDENT: Is there any objection to that on behalf of the defense counsel?
DR. LATERNSER: No.
PRESIDENT: Defense counsel have indicated that they have no objection; so let your conduct be accordingly.
MR. FENSTERMACHER: Now we begin the final two prosecution document books today. Document books 24 and 25. The documents contained in these two books are all new documents, but we received them from Washington too late to have them included in the earlier document books.
In a sense, the final two documents, -- the final two document books -- are a review of the proceedings up to date. These extra documents received from Washington too late; are again in chronological order, and present in microchosm, the prosecution documents heretofore introduced.
We will turn first to page 1 of the English document book, page 1 Of the German document book, Document NOKW 1660, which is offered as Prosecution's exhibit 526 -
DR. LATERNSER: Your Honor, I object to the submission of this document NOKW 1660, for the following reasons: This document contains excerpts from the daily reports of the Commander-in-Chief Southeast to the OKW or the OKH, excerpts from the same daily reports are already present in document book No. NOKW 251, Exhibit No. 128.
This exhibit is in German Document book 5, page 70.
I have compared this document with the one which has already been submitted and I have discovered that alone in this document, 37 cases are contained which repeat themselves, and were already submitted by the prosecution in Document 128.
I repeat, - 37 cases alone in this document. Since so-called cumulative evidence is not admissible, I request that this document be rejected or that the prosecution should not submit it in such a way that cumulative evidence, which is not admissible, is contained in it.
MR. FENSTERMACHER: Document Book 5 I do not have with me, your Honors, but I should like to ask Dr. Laternser whether Exhibit 128 was also daily reports of the Commander Southeast to OKW and OKH.
DR. LATERNSER: Your Honor, I am able to show that all those 37 cases are the same reports.
MR. FENSTERMACHER: If your Honor pleases, the prosecution has no desire to submit identical evidence. If we have already introduced this it is apparently an error. We received two different documents from Washington and I had them checked, and thought that they were entirely different, but we should like to withdraw it at this time until I have further opportunity to check it, and if we agree with Dr. Laternser, after investigation, we will be very glad to withdraw it entirely. We have no intention of delaying the proceedings by offering identical evidence on more than one occasion.
JUDGE BURKE: It is not entirely that it is your intention to do what has been indicated here, but it seems to indicate carelessness in the compilation of these documents that are being presented hero at the expense of the Tribunal.
MR. FENSTERMACHER: That is exactly what I want to check your Honor. We have found that the next two documents, NOKW 1661 and NOKW 1663 were already introduced in evidence, so we do not propose to offer these at this time.
We turn instead to document NOKW 1798 which is on page 76 of the English document book, and page 49 of the German document book We offer it as Prosecution' Exhibit 526. This is a report to the Commander in Serbial. The document is dated Belgrade, 11 September, 1941, and he receipt stamp . "The Military Commander in Serbia, Administrative Staff" appears on the left hand portion of the document.
Your Honors will recall that at this time, 11 September 1941, the Defendant Lit is Armed Forces Commander Southeast, and his chiefof-staff is the Defendant, Foertsch.
The subject of this report is, "Unrest in Serbia".
The report is, "For information to the Deputy of the Foreign Office in Belgrade."
"The third political reason supposedly is the fact that in course of unavoidable execution, which have to be carried out in reprisal for attacks etc, often innocent people and not the real perpetrators are hanged or imprisoned. Of course in the case of martial law the fact cannot be avoided that an example mutt be set immediately. Therefore it will be the task of the Occupation Forces which are now present in greater strength, to protect the people in the country in such a manner tat they will be able to collaborate."
"Without fearing the revenge of bands and Communists and also to denounce ringleaders and assassins.
A fourth political reason is that Serbian Chauvinit national honor was very deeply offended by the almost dishonorable defeat of the Serbian Army which was previously considered especially brave. This was especially disgraceful for the officers and men. Besides splendid German leadership and bravery of German troops, superiority of German dive-bomers etc. there was another factor which caused Serbian soldiers to lay down their arms often without a fight - namely a complete lack of understanding this war which has been provoked. Now honor-loving Serbs, especially the youth, are ashamed of this surrender and are skillfully incited by Communist propaganda to rehabilitation, that is to fight the Germans.
As a last reason in this respect I consider the tens of thousands of idlers whom one can see at any hour of the day, unemployed in the restaurants and inns in Belgrade and he hundreds of thousands in the major cities in. Serbia, who then become the prey of the politicians and finally of the Communists. In Belgrade the closing of secondary schools alone caused about 8000 students to be unoccupied for the pase months, who in accordance with Balkan customs read newspapers uninterruptedly and discuss politics. Why it is not possible to send from Serbia alone one hundred thousand workers of all types to our hardworking German homeland, whore a very great shortage of all types of labor is embarrassingly noticeable, is beyond my knowledge as a layman."
"A as well as many other observers fail to understand this highly regrettable phenomenon. Even intelligent Sergs who are concerned about their country regret the fact that those many thousands cf unemployed have not long since been included in the labor program hero or in the German Reich. Perhaps the new Neditsch Government upon German instruction will also make a change in this matter.
..........
Thus numerous reasons have accumulated which have led to the deplorable present conditions. I take the liberty cf stating my views with regard to remedies even at the risk of mentioning things which have bean already initiated or planned and therefore known or out of date.
..........
The second point is a much more effective counter propaganda than has been the case heretofore. The Serbian peasant who is still terate does not neither read_newspaper nor does he haye a radio set,_ and announcements are perhaps twistd by Bolschovik leaders of bands to mean the opposite for him or are misrepresented.
In this case only oral propaganda by deputies of the government sent to all villages speaking man to man among the people, will help to clarify the lies of the Community. And if it is feared, that these official speakers will be rejected as unreliable because of being paid by the Germans then the Commanders of the small German units or of the reliable Serbian formations should immediately take tip this clarification work by the hundreds in order to combat, from the roots the missma and atrocity reports spread by the Bolschviks."
"A further means would be the reexamination of maximum prices to see whether they really are so unpossible that the peasant are loathe to delivering their goods to markets and instead permit them to disappear in the Black Market as we experienced in desperation in the first World War. In the future the peasants would have to be given the opportunity to harvest their plums to dry them for exportation, to make Slivovitz, to raise pigs as before etc.. The population here must again be taught to have confidence in the German administration as was the case just after the war.
We of the German Red Cross are dutifully making efforts to help and to give advice wherever we can and we have gained unquestionable success and the confidence of large circles of the population our being laymen-like friends of the Serbs who believe everything implicitly that is told without criticism. But I believe from my experiences and observations based on mature judgment of the country and its people that here too, as almost everywhere else, the peasant, in Serbia this pertains to more than three quarters of the populations, is basically sound and opposed to the criminal operations. This was shown by the enthusiastic welcome given to the first Serbian Security Detachment which arrived in the country recently.
If through the present report I have helped to reestablish orderly conditions, then my duty as a member of the Red Cross who should help to heal the wounds which our word had to make and my duty as a National Socialist, whereby I am bound by oath to cooperate for the sake of the Fuehrer and the Reich is fulfilled.
I am sending a carbon copy of this letter for information to the Headquarters of the German Red Cross."
Signed, "The Commissioner of the German Red Cross in Serbia" BY MR. FENSTERMACHER:The next document, if Your Honors please, is Document NOKW 1666. It has been already introduced in the evidence, and so we also pass that.
We turn instead to page 82 of the English, page 53 of the German document NOKW 1664. It is offered as Prosecution's Exhibit 527.
DR. LATERNSER: Your Honors, I have just been informed by one of my colleagues that his exhibit, - this document NOKW 1664, is identical with Exhibit No. 116, in Document Book 3, page 113 of the German. I have not checked this personally.
MR. FENSTERMACHER: In order that there he no confusion, Your Honors, I ask that we pass it until we can have it rechecked.
PRESIDENT: WENNERSTRUM: Will it hold this same number, or will you give it a new document number?
MR. FENSTERMACHER: I suggest that we pass it entirely, and give it no document number, or identification number at all, until we can finally check it.
Tho next documents, NOKW 1663 and NOKW 1662, have been checked and found to have been already introduced in the evidence. I suggest that we turn now to page 97 of the English Document book, page 62 of the German document book, NOKW 1712. This is offered as Prosecution's 527.
These various extracts are from the War Diary of the 342nd Infantry Division. The first is dated 10 January 1942. Your Honors will recall that at that time the Defendant Kuntze, was the Armed Forces Commander-in-Chief of the Southeast, simultaneously Commandor-in-Chief of the 12th Army, and that his chief of staff was the Defendant Foortsch.
"War Diary, 342 Infantry Division Operational Department" "0800 hours Division Battle HQ.
Valjevo Advance of parts of the 1st Battalion of the 202nd Regiment of Cetnicke loyal to the government into the area of Stave.
On this occasion 3 Community were shot to death, 8 captured, also sleighs with food supplies and papers."
BY MR. FENSTERMACHER:
The next entry in the War Diary, is 19 January, 1942, 0915 hours.
DR. SAUTER: Your Honors, I would like to point out that this document has also been submitted before. It is identical with the document in Document Book 9, Exhibit 228, pages 66-67. The prosecution missed this.
MR. FENSTERMACHER: Your Honors, I wonder if it would not save time if the defense counsel have any more objections to any of the documents in Document Book 24, and we can pass them until I can have them checked for a second time. They already have been checked once.
PRESIDENT WENNERSTRUM: May I suggest that you confer with defense counsel, if possible, during the recess period and endeavor to ascertain whet her or not there are any duplications in these proposed offered documents so that we may proceed along without interruption after we return from recess. However, if through oversight, some document may be offered and it had not been caught prior to this time, why we do not want defense counsel to hesitate to call our attention to it. We will take our recess at this time.
(Recess taken until 1115 hours)