The secrecy classification of the enclosures is indicated on them.
"3) The order "Commander-in-Chief Southeast (High Command Army Group E) Ia-No. 025/43 top secret Chefsache dated 15.2.1943" is hereby rescinded and is to be destroyed."
PRESIDENT:WENNERSTRUM: We will take our morning recess.
(Recess was taken).
THE MARSHAL: Persons in the Courtroom will please find their seats.
The Tribunal is again in session; there will be order in the Court.
THE PRESIDENT: You may proceed.
MR. RAPP: With your Honors' permission I would like to hand up to you, to the bench, the document I have just put into the record, for the purpose of identifying the signature of the Defendant Foertsch on the covering sheet. (Document viewed by the Tribunal.)
THE PRESIDENT: You may proceed.
MR. RAPP: Your Honors, if you now turn please to Page 101 of your Document Book, and if defense counsel turns to Page 75 of their Document Book, you will find Document No. NOKW-807. The Prosecution is offering this document in Exhibit to be marked No. 353. This document, dated the 6th of November 1943, shows a Daily Report of the 373rd Croatian Division, to the 15th Mountain Corps, at that time, commanded by the Defendant Leyser. It says: "Transmitted: Day: 5 November, Time 2300, Sender, Daily Report for 6 November 1943, Handwritten: 182 4.) Area Bos. Krupa: During special operations towards Jvanjska-Otave 4 November (2 km North of Blatna) 1 man and 4 women arrested. 12 houses burned down as reprisal measure for blowing up railway 1 November. Population has fled." Signed "373rd (Croatian) Infantry Division, Section Ia, Handwritten: initials." The next document, Your Honors, you will find on Page 103 of your Document Book.
THE PRESIDENT: Pardon me, sir. My Document Book has Pages 103 and 104 missing, unless there's some... I find them over about four or five pages on, so....
MR. RAPP: You did find them, Your Honor?
THE PRESIDENT: Yes, sir; they were out of order.
MR RAPP: Defense counsel will find this document on Page 76. This, Your Honors, is Document No. NOKW-786. It is offered as Prosecution's Exhibit No. 353. It is a report dated the 19th of November 1943, again sent by the 373rd Croatian Infantry Division to the Headquarters of the 15th Mountain Corps, and is again a Daily Report in the nature of a TWX message, and it states:
"In the area east of the supply road, north of Nebeljusi, the reconnaissance encountered an enemy patrol. 1 bandit was shot.
.................
II.) 2 men of the SS-Nordland unit escaped from captivity (II. Banja Brigade 7. Division) and deserted when Cazin was attacked. Hereby confirmation of 7. Division and its Brigade."
MR. RAPP: And then on page 104 we find the final signature:
"373 (Croatian) Infantry Division, Ia, (initial illegible)."
On Page 104, Your Honors, we are offering Document No. NOKW-808. This is German defense counsel's book, Page 77 and Page 79. This will be marked as Prosecution's Exhibit No. 354. Once again we have the 373rd Croatian Infantry Division, addressed to the Corps Headquarters of the 15th Mountain Corps, still, at that time, commanded by the Defendant Leyser, and it states under Roman II:
"II B) Details:
Area Banja Luka - Kotor Varos - Prnjavor:
Contradictory reports have come in from the area East of Banja Luka. After a temporary threat to the road Banja Luka-Bosn. Gradiska the enemy, V and XII Croatian Brigade withdrew to the South (Kotor Varos) and East (Cecave, 44 East Southeast Banja Luka). According to later reports, the enemy again thrust ahead toward the Northeast in the direction of Prnjavor which is said to have been taken by Cetniks on 14.11. Only unconfirmed individual reports are available regarding the IX Croatian Brigade (South Kotor Varos), which has been newly reported in the divisional area and the XIV Brigade. Obviously these Brigades limit themselves to compulsory recruitment in the territory occupied by them.
Area Prijedor - Bosn. Drupa:
New strong forces of bandits have re-assembled around Prijedor: in the South and Southwest: IV, VI, VIII, XI and XIII, Croatian Brigade. In the North: V. Kozara and an unconfirmed Brigade which are planning an attack on Prijedor, after the weakening of the German occupation and after the expected withdrawal of the Panzers.
The XI Croatian Brigade which withdrew to the North (Bosn. Dubica) and the Northwest in the beginning of November arrived again Southwest of Prijedor on the 10.11. The Brigade is said to have participated in the surprise attack on an empty train near Dragotinja (10 Northwest Prijedor) on the 11th November. The VIII Croatian Brigade, after their withdrawal by way of Prav. Jasenica (12 South Krupa), threatened the railroad stations North of Otoka and Krupa and the base of Gudsvac (6 South Krupa) and parts of it were even confirmed on the other side of the Upa River near Vrelo (12.4. North Bihac).
The railroad line Bosn. Novi - Prijedor continues to be endangered to a great extent.
Area Bosn. Novi - Bihac - Cazin:
Before the attack of the bandits on Cazin the following band movements were reported:
The 8th Division moved Eastward from the area of Slunj with the II and III (Kordun) Brigade while the I branched off towards the South and is said to have withdrawn into the area Southeast of Bihac (Hrgar)."
MR. RAPP: This is Roman Numeral I.
"At the same time the Plaski-Battalion withdrew from Ljeskovac (21 West Northwest Bihac) to Mutnik (17 North Bihac) and the VIII Croatian Brigade with units via Stijena (18 Northeast Bihac) up to Vrelo (12.5 North Bihac).
The 7th Division came by forced marches from Banja via Dvor (4 North Northeast Bosn. Novi) and attacked Cazin with 3 Brigades on 14.11. Its III Brigade remained in the area Otoka as a protection toward the East.
The 13th Division which belongs to the same Corps (IV Corps) is also alleged to be marching on Cazin, according to reports of the Croatian Police. However, this could not be confirmed from there. According to latest reports the division is in the area West of Kostajnica. Cazin was temporarily occupied by the enemies but has been retaken. The enemy withdrew toward North as follows:
The II Banja Brigade to Skokovi (24 North Northeast Bihac) the other Brigades (I, III and IV Banija.) via Buzim (30. Northeast Bihac) in the direction of Glina (60 North Northeast Bihac).
The units of the VIII Brigade retired in an easterly direction, There are no reports of the garrison of the Plaski-Battalion and of the Brigades of the 8th Division available at present.
..............
Only weak enemy forces were found during the destruction of the arms depot near Sarajevo (8 Southwest D. Lapac).
Cetniks report a brigade of the Primorske-Goranska-Division Northwest of road Bruvno - Udbina, 3 additional brigades of this division are alleged to be between Podlapac and Gespic.
There are no new reports of the brigade of the 19th Dalmat-Knin-Division which has penetrated from the South."
On page 82 of the German boo, it continues then and says:
Co-operation with Secret Field Police, SD and Counter-Intelligence authorities continued satisfactorily. Co-operation with the Croatian police and Gendarmerie not always satisfactory.
. . . . . . . . . .
For information: Per Ia 114th Jaeger Division Then (signed) 264 Infantry Division Generalmajor (Brigadier General) 369 (Croatian) Division and some initials.
Your Honors, turn now to page 109, defense counsel's page 84. You will find Document NOKW-700. This document is being offered as Prosecution Exhibit 355. This document, your Honor, is a report of the 297th Infantry Division, dated the 25th of November, 1943, to the XXIst Mountain Corps, re the execution of Communists and communist leaders. The XXIst Mountain Corps was a part of the II Panzer Army which at that time was commanded by the defendant Rendulic.
THE PRESIDENT: This is Document 355, is it not? I mean Exhibit 355?
MR. RAPP: That is correct, Exhibit 355. It states?
Secret! Enclosure 647 Corps Headquarters XXI Mountain Corps 23.
11.43 same text to 297th Infantry Division Branch I b for information to 181st Infantry Division Daily Report of 25.
11.1943
a) Unchanged
b) Operation "Edelweis":
During mopping up of area northwest of Debar 15 Communists shot to death, 30 Italians captured. Division Fuesilier Battalion (Reconnaissance Battalion) 297 shot the Communist leader Karl Uka in Pollozhan (map 1 to 50 000) (2 kilometers west of Peshkopija) on 23.
11. Future intentions: mopping-up of area Debar-Peshkopija, reconstruction of the national Self Defense. Reconnaissance toward north, west and northwest with the aid of Albanian guides. Majority of Communists and Italians of the "Firenze" Division presumably in the area of Martanesh (30 kilometers west southwest Debar) and Shengjergji (40 kilometers southwest of Debar).
. . . . . . . . . . .
. . . . . . . . . . .
297th Infantry Division Branch Ia No. 1804/43 Secret (handwritten) And then the distribution "After release to:"
. That concludes this particular Document 700.
Your Honors, on page 110, you will please find NOKW-049 which is offered as Prosecution Exhibit 356. Defense counsel will find this document on page 35. This, your Honor, is a document dated the 27th of November, 1943, a daily report of the XIX Reserve Corps, commanded then by the defendant Dehner, dated the 27th November, 1943, it states:
..........................
173rd Reserve Division: As revenge for surprise attack on Police in Grgurevci, in which non-Volksdeutsche local residents took part, village burned down.
. . . . . . . . . . . .
187th Reserve Division:
. . . . . . . . . . . .
b) Tuzla area: Result of reconnaissance: Zivinice (10 Km Southwest of Tuzla) occupied by 200-300 bandits.
. . . . . . . . . . . .
c) Derventa area: Bandit attack (200-300 man) between Lupljanica and Pocivalka (7south and 12 Km Southwest Dervanta) beaten off by parts of II. Cossack Brigade.)
If I be permitted to call your Honors' attention to the particulars in indictment under Count 2, especially sub-paragraph 9-I, the report of the 173rd Infantry Reserve Division as part of the LXIX Corps, is listed in the indictment as a particular. It reads: "I. On or about 27 November 1943, troops of the 173rd Reserve Division, under the command and jurisdiction of the LXIX Reserve Corps burned the Croatian village of Kroaci."
This, your Honor, will conclude NOKW-049 which has been marked as Prosecution Exhibit 356.
If Your Honors turn now to page 111, defense counsels' book page 86, we are submitting NOKW-048 and asking that it be marked as Prosecution Exhibit 357.
DR. ULLMER.- Ullmer for the defendant Dehner, deputizing for defense counsel Froese.
With regard to document No. 049. I want to object that in this case it is a daily report without signature and without confirmation.
MR. RAPP: This is the same type of document which we had talked about previously and we like to emphasize again that this document or this particular page of this document fell into our hands as is, and we submitted it to the Tribunal for whatever weight the Tribunal wishes to give to this document.
THE PRESIDENT: Overruled.
MR. RAPP: We were on page 11 of your document books, your Honors, and it was marked NOKW-048, Prosecution Exhibit 357. This is a report dated the 30th of November, 1943, a report of the LXIX Reserve Corps to the II Panzer Army pertaining to the revenge measures against suspects.
I quote:
(Pencilled notes)
copy of teletype - secret - of 29.11-43 . . . . . . . . . .II.
. . . . . . . . . . .
187th Reserve Division: . . . . . . . . .
c) . . . . . . .
Aerial photo showed about 500 - 1000 bandits in Cazma at 10.15 hours.
. . . . . . . . . .
Recruit transport on the journey Bjelovar - Nova- Gradiska attacked near Vrbova station (32 kms. West of Bjelovar) in the night of 26 to 27 Nov. Attack beaten off, destruction of the Vrbovaec railway station prevented. Our own losses: 3 dead, 5 wounded. Enemy losses; 6 counted dead. As reprisal measure 15 people suspected of being bandits shot.
. . . . . . . . . . . .
DR. ULLMER.- Ullmer for the defendant Dehner. I regret to have to make the same objection once more. But, in contrast to the previous document, I must point out this: the previous document was a daily report which after all is done informally. Here a secret order is in question. If here without authentication and without signature, a secret order is being submitted. We can at least expect it to bear a number indicating it; a secret document without a number must be looked upon as completely without any importance and for this reason I again object to the submission of this document.
THE PRESIDENT: The Tribunal accepts this exhibit as being a document obtained at the close of the war and it will receive such probative value as the Tribunal deems that it merits. It is conscious of the comments made by the counsel and as disclosed by the document but my previous statement as to the character of the exhibit is such that no further comment is necessary.
The objection will be overruled.
MR. RAPP: If Your Honors now please turn to page 112 of your document book. Defense counsel will find this on page 87 of their document book. The Prosecution submits at this time NOKW-075 which we offer as Prosecution Exhibit to be marked No. 358. This document, your Honor, is a serie of reports of subordinate units to the 2nd Panzer Army pertaining to the execution of hostages, bandits, suspects and the like. The first report is the copy of a teletype of November 3 at 2400 hours and November 4 at 0530 hours and a daily report of the 69th Reserve Corps of November 4, 1943.
..... In Jamina and Racinovci (18 and 11 East Brcko) hostages seized by the I/150. In Stresinci (20 Northwest Brcko) 3 persons shot to death while attempting to escape.
. . . . . . . .
c) Night from 2 to the 3 of November 2400 hours band attack (400 men with 5 light machine guns) on Podgarica (22 Northwest Djajkovo). Invading bandits thrown out by counter-thrust.
. . . . . . . . . .
d) 2.11. in Novo Topolja (17 East Northeast Broad) band suspects taken along. Village burned down. While detachment was riding off it received machine gun fire.
At this time the 69th Reserve Corps was still under the Command of the defendant Dehner.
The next one is a copy of a teletype of the 2nd Brandenburg Regiment of 18.11.43 sent at 2.14 hours, Daily Report of 19.11.43.
"Enemy losses and losses of your own: None.
"3 prisoners (Italian officers) (See report of 16.11.43) shot to death. From Infantry ammunition found it has been established that enemy is using exploding and dum dum bullets."
On the next page, Your Honor, we have a report dated 31 of October 1943 from the 187th Reserve Division: It states:
..... 1500 hours, North of road Topolje (18 East Northeast Brod) 7 bandits in German uniform engaged in combat by patrol (Kuban-Cossack Mounted Regiment 3). No losses of our own, enemy losses 3 dead, 9 suspected of belonging to band shot to death.
b) Mopping up operations against Petrovic. Cossack signal battalion had contact with the enemy. Enemy losses; 2 dead, 5 prisoners, 10 hostages eized.
Then we have a report from the SS Division, Prinz Eugen, that is, the 7th SS Mountain Division, which fought as a part of the Vth SS Mountain Corps which was a part of the defendant Rendulic 2nd Panzer Army. It is dated November 3, 1943:
"Band activity in area northwest Regatin-Ploca. Our own patrols destroyed enemy occupied villages of Sipak, Perasko, Slato and shot to death 12 bandits and all inhabitants of the village. Ammunition exploded while houses were burned down."
On the next page, your Honor, page 88 of the German Document Book, it says, under "Intention":
"Mopping up of Kresove. Fighter detachments in area 10 South southeast Visoko and west and southwest Zenica. Losses: 4 wounded, 1 missing. Enemy losses: 11 dead, 3 counted wounded, 10 hostages."
Then we have a copy of a teletype messaged dated the 5 of November 1943, still submitted by the Vth SS Mountain Area Corps saying:
"In Sinj SS man shot to death secretly. In reprisal 24 hostages shot to death, 1 hanged."
Then at the bottom of page 114, top of German Defense Document Book 89, you find daily report LXIX Reserve Corps 6.11.43:
"Report of confidential agent: 500 to 800 bandits in area of Jamena.
"After railroad sabotage 3 East Nova Gradiska (see Daily report 5.11. paragraph 11d) the area north of the place of explosion was combed through. Bandits and people suspected of being bandits were hanged at the place of explosion."
Then another report from the XV Mountain Corps dated November 6, 1943, pertaining to the defendant Leyser:
"373rd Division: In reprisal for railroad explosion near Blatna 5 civilians arrested, 12 houses burned down."
Then "by order of the Mountain Jaeger Brigade of the Vth Mountain Jaeger Regiment 18 hostages arrested."
Then on the next page, page 116, still page 89 of the German Document Book, it says:
Details to Daily report.
Daily Report of 3.11.
Paragraph 2a) . . . . . . . . . . .
c) Family of signal man Petric who left his post at 1800 hours will be seized as hostages if Petric does not return.
c) There is nothing incriminating here. Obviously common cause between signal man and plotters.
Paragraph 2 d). . . . . . . . . .
c) 9th Company. . . . . R 12 Units of occupation Bos. Novi dispersed enemy. Mopping up around Ravnice and Bos. Novi necessary, North of Blatna 12 houses burned down by 373 rd Infantry Division.
The next page, your Honor, page 90 of the German Document Book, a copy of teletype LXIX Reserve Corps of November 6, 1943, sent at 2400, arrived at 0255:
"Daily report of 7.11.43: 173rd Reserve Division: In reprisal for blasting of railroad Mitrovica-Lacarak on 1.11, 19 Communists hanged on place of blasting.
"187th Reserve Division: Area Brcko: Jamena after evacuation partly burned down because it was a pronounced nest of bandits."
If Your Honors turn now please to page 118 we have another teletype message which states:
Same text: Admiral Adriatic For information:
German General - Plenipotentiary in Croatia.
Same text: Fliegerfuehrer Croatia.
For information: Military Commander Southeast Luftgau Headquarters XXX.
XXI Mountain Corps . . . . . . . . .297th Infantry Division:
1/524 near Isvor (12 west Kizevo) repelled several heavy attacks by Italian Communist bandits partly in English and partly in German uniforms. Subsequently they were taken back to Kizevo.
Then we have a report again from the XV Mountain Corps dated 18 of November 1943. And, at that time the 114 Jaeger Division was fighting as a part of the XV Mountain Corps. It states:
"Enemy concentrations in area 30 East Gracac, 4 Southeast Medak and 10 Northeast Gracac are threatening main supply roads. Railroad installations Southeast Sibenik repaired by employment of civilians by the First Railroad Engineer Training Battalion."
Your Honors our next page, that is 119 of your document book, page 91 of the German Document Book, is a report of the 187th Reserve Division stating:
"16.11. Patrol of Reserve Grenadier Regiment 130 attacked by about 300 to 400 bandits near railroad station of Velika (14 North Pozega).
"Enemy losses: Besides one prisoner not confirmed. 40 hostages seized in Velika."
Below that, your Honors, you find a daily report from the LXIX Reserve Corps dated the 15 of November 1943:
"187th Reserve Division reports: As reprisal measure for attack on passenger train 2 West Okucani, 187th Reserve Division.
"13 hostages hanged.
"Corps Headquarters LXIX Reserve Corps, Ia, No. 2205/3687/43 Secret, (Page 19 of original).
The secret number of this communication I am referring to right now I believe has been ommitted in the German text. The number is, if it is of any relevancy would be 22053687/43. I could also give this document to the interpreter and have him read it in the record.
PRESIDING JUDGE WENNERSTRUM: Dr. Laternser, do you wish the interpretor to read it in the record for the benefit of your associates? It is in the document book. You may proceed.
MR. RAPP: On page 120 of your document book, your Honor, and on page 92 of the German Document Book we find details to Daily Reports, Inspectorate, Railroad Security: Croatia:
"Combing in villages of Kotorsko and Komarica. 4 Communists shot in combat. 10 men of the Kotorsko population arrested as hostages.
. . . . .
Inspector of Railroad Security Croatia.
. . . . . . .
Copy teletype of 11.11, 2330 hours.
Daily Report Inspectorate of Railroad Security Croatia of 11.
11.43
1.) . . . . . . . .
c) Patrol took over first security. Reinforcement of 1 Officer and 9 men arrived later on place of accident from Neu Pasua.
Auxiliary train at scene of accident. Crane train requisitioned. Reprisal measures ordered.
I believe your Honors that the next two lines are missing in the German Document Book. If so, I will hand the court interpreter the document and have him read it from the record.
PRESIDING JUDGE WENNERSTRUM: You will please.
MR. RAPP: May I cite for the benefit of defense counsel what particular sentence I have reference to. I have underlined in my book stating: not in the German Book. The sentence is:
"Reprisal measures ordered by the 173rd Reserve Division and will be executed by SD Ruma."
Does that appear in the German Document Book?
DR. LATERNSER: Yes.
MR. RAPP: Thank you very much. That is page 92. Then your Honor, it states:
"10 November. A Croatian train loaded with supply goods, among them 23 tanks cars, hit a mine on the track onr north between Novska and Lipovliani an 10.11 1900 hours."
On the next page, Your Honors, page 121, we find -this is page 92 of the Defense Counsel's book:
I. Shortly afterwards the place of attack was sealed off by dynamiting of tracks at 6.1 kilometer and 9.1 kilometer and the base point at 7.2 kilometer was kept under fire. The bandits looted the train, among other things they carried off flour from vehicles kept in readiness and then they set the train afire.........
The Railroad Security Sector east Vovska alerted Panzer train 65 which drove to the place of attack. The artillery of the Panzer train shot about 20 rounds on the enemy, which was withdrawing in a northwesterly direction. A personal inspection by the Inspector of the Railroad Security On 11.11 at 1100 hours did not reveal as yet that the responsible 1st Croatian Mountain Brigade in Kutina (187th Infantry Division) had undertaken anything in the way of reprisal measures.
Then a "Copu Teletype LXIX Reserve Corps of 12.11.43" II. Operation "Ferkel"
b) Subsidiary operation: During the night of 10,11 band attack by 1500 men with anti-tank guns, trench mortars and artillery against the entire front south of Brcko. Simultaneously band attack of 300 to 400 men against bridgehead east of Brcko. Enemy well led.
III. 173rd, Reserve Division.
In reprisal for railroad sabotage near Stara Pazova and for attack on patrol 40 southeast Vukovar 20 hostages hanged and 20 shot to death.
The 1st Cossack Division on the same document page reports:
During reconnaissance operation toward Puni Tovei (13 north Djakovo) 9 bandits shot to deaths.
This, Your Honor, completes Document 075, Prosecution Exhibit 358.
Your Honors, the next document which is offered in evidence is NOKW 1370. Your Honors will find this on page 123. of your Document Book, the Defense Counsels on Page 94. This document is offered in evidence as Prosecution Exhibit 359. This is an order dated 26 November 1943 by the XV Mountain Group, pertaining to the of able bodied male population, and the operation which was carried on under the cover name "Panther". This document is partially signed by the defendant Leyser.
It starts out:
TOP SECRET (Handwritten:) Top Secret, Qu 429/43 dated 2 December 1943 Headquarters XVth Mountain Corps Ia Section, No. 984/43 Top Secret Local Quarters, 1 December 1943 6th copy of 9 copies
OPERATION ORDER FOR "OPERATION PANTHER"
1.) Enemy Units of communist bands between UNA and KORANA (about 7 - 8,000 men, partly equipped with captured Italian arms) are attacking GLINA at the present time and are constantly disrupting the railroads ZAGREB - SUNJA and SUNJA - BIHAC.
Their support, with many supply depots and hide-outs, lies mainly in the SAMARICA and in the area of PETROVA GORA.
2.) XVth Mountain Corps will destroy these bands and their supply bases. The operation will be known by the code name of "Panther".
The next page, Your Honor, "enclosure 2 to 1st Cossack Division, Ib Section, Letter-Registry No. 2034/43; secret, dated 28 November 1943."
There is an endorsement to the 1st Cossack Division, and it states:
"1st Cossack Division, Section Ib... Medical companies are fully equipped with weapons and the equipment pertaining thereto. The second truck and the ambulance drawn by four horses is missing for each medical company."
And at the end of the page:
"Headquarters 2nd Panzer Army/O.Qu.
"3-Day Report as of 26 November: With 114th Division, 420 Military Internees at Knin Camp; with 373rd Division 16 members of bands and 9 hostages, 6 members of bands, etc."
DR. LATERNSER: Your Honors, I would like to ask for the correction of the translation in the English Document Book. On Page 123 the words used on page 94 of the German Document Book, and I quote now: "Vernichtung der Banden." These words are translated, I quote again "Destruction of the bands." This translation is not correct, for "Vernichtung" is a military term for which there should be an equivalent in the English language. I don't want to name it in order not to influence the interpreters as I have been asked not to do so.
THE PRESIDENT: If you will send it up to the interpreters they will follow the procedure heretofore taken. For the record if the interpreters will read it and give the section that they refer to in the translation it will be appreciated.
THE INTERPRETER: In the German Document Book it is on page 94, Section 3, sub-section A; in the English Document Book page 123, Section 5: "Condition of the War", sub-section A, and the translation reads:
"Destruction of the bands," which is in German "Vernichtung der Banden."
THE PRESIDENT: That is the translation that is given by the translators in this court?
THE TRANSLATOR: Yes, it is.
THE PRESIDENT: Very well.
DR. LATERNSER: Your Honor, may I say something to that? I haven't understood the words which are now to be used for this translation.
THE PRESIDENT: The interpreter will again repeat.
DR. LATERNSER: Your Honor, I don't think it is the right translation of this military term, and I ask for a definite decision from the Chief of the Translation Division. The military term for "Vernichtung" is to destroy.
THE PRESIDENT: The request will be granted, and it will be taken up through channels.
The Tribunal will be in recess until 1:30 this afternoon.
(Thereupon at 12:15 a recess was taken until 1:30 PM)
AFTERNOON SESSION
THE MARSHAL: The Tribunal is again in session.
PRESIDENT WENNERSTRUM: You may proceed.
MR. RAPP: Your Honors will recall that prior to the recess, we had discussed NOKW 1370. With your Honors permission, I would like now to hand this document up to the bench for signature identification of the defendant, Leyser.
Your Honors, if you now turn, please, to page 126 of your document book, and defense counsel, I refer to pages 96 and 97 of the German document book, we now come to NOKW 830, which is offered as Prosecution Exhibit 360.
I would like to call to your Honor's attention the fact that this particular document NOKW 830 has already been offered by the Prosecution as Exhibit 326, Document Book 13. The purpose of introducing this particular instrument again at this time is for the purpose of only putting page 128 of this document into the record.
If your Honors will turn to page 128 of this document, - I refer defense counsel to page 100 and 101, - we have in this document an entry dated December 3, 1943. This particular document, and this paragraph has reference to the defendant Rendulic, the defendant Weichs and the defendant Foertsch:
"2nd Panzer Army's nations intention "Panther" and orders preparation of evacuation, which is to be kept completely secret from Croatian authorities, (and further orders) suggestions for its execution to be submitted. It is believed practical to transport the population capable of bearing arms, to Germany for labor employment."
And this is signed, "The Commanding General, V. Leyser, General of Infantry" initials "Pf.".
For purpose of identification, with your Honors' permission, I would like to pass on to you this document to see the signature of the defendant Leyser.