MR. DENNEY: Then, on Page 139 of the German and Page 93 of the English is Document No. NOKW-1428, which is offered as Prosecution's Exhibit No. 393. These are two reports to the 2nd Panzer Army from the 15th Mountain Corps, both in June, at which time the Corps was under the command of the Defendant Leyser, and the Army was under the command of the Defendant Rendulic. The first one, for the 5th of June:
"Bands have occupied the heights surrounding our support point ont the road SUCEVICE-GRACAC and are pressing from the VELEBIT into the area Weat of ZRMANJA VRELO. Croatian combat groups have destroyed bandit hosital, Southeast of UDBINA. Thereby, 20 enemy dead (including two physicians in addition 95 wounded and sick killed. Northeasr of CAZEN medium sized band repelled by Ustasha under leadership. Three enemy dead, 3 prisoners, 4 rifles. Line NOVI- BIHAC quiet." And it had 15th Mountain Corps typed at the end, and over to the left is Colonel Pfafferott's signature.
DR. LATERNSER: Your Honor, I would like to point out and object that these Croatian combat units were never subordinate to the German Wehrmacht, so that this incedent is a pure inner Croatian affair and was, therefore, only reported because it took place in the sphere of the office which had to receive the reports.
MR. DENNEY: Well, of course, we don't agree with Dr. Laternser's contention. We have seen hundreds of reports here going in from well, not hundreds, but we have seen numerous reports here going in from lower units about Cossack didisions and Croatian dididions. I don't object to his comment. I would like, in view of his comment, to put our contention on the report.
PRESIDING JUDGE BURKE: Ultimately, of course, it may be a matter for for the Tribunal to make final decision, and after all, it is pretty much a matter of argument when the controversy really comes before us. I would how ever, suggest that, if possible, you refrain from giving conclusions on the weight of evidentiary offerings.
MR. DENNEY: Well, if Your Honor please, I am certainly mindful of Your Honors' rulings, and I would just like, for instance, here, just to point out the term; that's all; I didn't say anything about it.
PRESIDING JUDGE BURKE: You intended to identify what you claim as the situation merely, and not as a statement of fact.
MR. DENNEY: Yes, Your Honor.
PRESIDING JUDGE BURKE: Very well.
MR. DENNEY: And then on the 9th of June, again from the 15th Mountain Corps, at this time under the heading of the 264th Infantry Division: "Mine sabotage East of PRIMOSTEN, West of DRNIS, 1 truck hit a mine. 2 suspects shot dead." And it is from the 15th Corps to the 2nd Panzer Armz. And then on Page 141 of the German and Page 95 of the English is Document Mo.NOKW-1418, which we offer as Prosecution's Exhibit No. 394. This is a teletype to the Headquarters of the 15th Mountain Corps, and it covers the period 22 May to 2nd June: "Enemy Losses: 1525 counted 1347 estimated dead: 143 prisoners, 33 arrested 32 deserters. Booty: 1 Gun destroyed, 1 Antitank Gun, 2 Tanks, 4 Trench Mortars, 84 Machine Guns, 7 Machine Postols, 2 Postols, 2 Antitank Rifles, 242 Rifles, 624,600 Rounds of Machine Gun Ammunition, 117,400 Rounds of Machine Postol Ammunition, 6300 Rounds for 2 cm A.A., 1106 Kilgrams of Explosives and Dynamite, 130 mines, 175 Hand Grenades, 129 Parachutes, 1 Rubber Raft, 4 Motor vehicles, 116 cans of Gasoline, 4 clothing depots, 3 cwt of sheepwool, 65 tons of grain." And then various kinds of livestock--horses, cattle, heeep--and the "1medical depot, 32 Mosquito Tents, 2 Typewriters, 17 Radio sets, 1 Transmitter, 4 Electric Stoves, 22 Generators, 1 Motor, 1 Film Apparatus, 1 Microscope. Destroyed: 2 small Ammunition Depot, 1 Depot of Explosives, 1 Engineer School, and Airfield, 2 Airplane Hangars, 1 Hospital." And still on the same document this is again from the 15 Corps, and is signed by the Quartermaster. It's dated 20 June:
"Special Instruction for the Supplying of No.: 91.
4) Transfer of arrested indigenous personnel, Bandsuspects and Deserters to Employment in Reich.
The Croatian Government complains about the compulsory transfer, in opposition to to treaty regulations, of male and female members of the population taken in band warfare, band supects or deserters to employment in the Reich, Such measures are to be stopped immediately. In future the recruiting and collecting persons ready to work for the Reich may only be carried out through the offices set up for this purpose Plenipotentiary for the Four Year Plan (Plenipotentiary General for the Employment of Labor Croatian Office in Zagreb, Kulina-Banna 3. These offices are to cooperate with the competent Croatian offices and to observe the regulation of the German--Croatian treaty of 3 February to the camps provided for them as previously, where they will be treated according to the regulation in force.
.......................
For the Headquarters The Quartermaster (signature) (illegible) Lieutenant Colonel" Then NOKW 1445, at Page 144 of the German Document Book and Page 99 of the English Document Book, is offered as Prosecution's Exhibit No.395.
This is a series of extracts from the war diary of the 15th Corps, and it covers the period 1 January 1944 to 30 June 1944. The first entry is for 19 January: "Banja Luka: Upon request by 393nd Division." That is a division, which at the time was in the 21st Mountain Corps, "authorization is sought from Headquarters 2nd Panzer Army fro 392nd Division to draft men fit for military service and decision about further employment." Although we had the 392nd Division listed as being in the 21st Corps, it is clear here that they made an application to the 15th Corps and that the 15th Corps had forwarded their request to the 2nd Panzer Army. The Corps, at this time was commanded by the Defendant Leyser, and that 2nd Panzer Army was commanded by the Defendant Rendulic.
"21 January: Final report to Headquarters and Army about the operation 'Brandfackel' (Incendiary torch). 131 enemy dead, Minor booty, 1 hospital and 2 ammunition depots destroyed." For the 17th of February: "in compliance with Army directive, the 264th and 392nd Division are ordered to evacuate the entire male population of the island fit for military service. The Germand Plenipotentiary General in Croatia is requested to preperare measures to evacuate the entire population of the island and coastal area in the Restricted Zone, 'Red.'" And here again we see this Corps giving orders to the 392nd Division; so certainly, at this time, it is to be fairly assumed that they are under the Corps. 24th February: "In the area of the 264th Division evacuation ordered for islands close to the coast is proceeding. In order to evacuate the island, the islands have first to be liberated by fighting." 1st March: "Headquarters 2nd Panzer Army orders the island of RAB to be occupied as soon as possible and the evacuation of the male population fit for military service." 6th March: "Journey by the Commanding General to Split, conference with Seeke, Points of the discussion: Shipping space for the occupation of RAB and then for the mopping up of the island further away. Removal of the male population there. Blasting of harbor installations. Where hall mines be laid, off the coast? Mine fields in the straits between islands. Conference at 264th Dicisoin. Points under discussion: Company at NIN to be transferred to the Battery there. 1 Platoon to Petricane for coastal observation. Anti-Aircraft Artillery for Anti-Aircraft defense, to be employed according to point of main efforet." And then there is an order of evacuation, and the Cetnil question, and raid in the coastal towns for saboteurs. And for the 10th of March: "With regard to the evacuation of Slpit ordered, it has been reported to 2nd Panzer Army that about 5000 men fit for military service have to be evacuated from there." For the 13th of March: "in a letter by the German Plenipotentiary General in Coatia it is suggested to Corps Headquartes, with regard to the order by 2nd Panzer Army to draw upon the male population in the Dalmatian islands for work purposes, to establish mixed commitees to apprehend the men born 1904-27."
And again we have the same age groups referred to, from 17 to 40. "The current state of the evacuation (from islands 1128 men, 100 women, 150 children) will be reported to 2nd Panzer Army. Shall be evacuated from the coastal areas are about 150 to 200 thousand men."
PRESIDING JUDGE BURKE: Mr. Denney, I think at this point we will take a recess until 3:15.
(THE COURT RECESSED AT L500 to RESUME AT 1515)
THE MARSHAL: The Tribunal is again in session.
Presiding Judge Burke: You may proceed Mr. Denney, page 102 of the English Document Book.
MR. DENNEY: Thank you, your Honor. May it please your Honors, continuing with the entries from the war diary XV Mountain Corps for the first half of 1944, 15 March:
"Corps Headquarters reports that it intends to mop up and evacuate at a later time the islands situated off Sibonik.
"1 April 1944. On the basis of a directive by 2nd Panzer Army, 264th Infantry Division is ordered to carry out monthly raids at Split, since complete evacuation of all men fit for military service from Split cannot be carried out at the present.
5 April 1944 ...264th Division was given orders for evacuation measures concerning the men evacuated from the islands.
20 April 1944 ... To stop enemy supply traffic, especially across our own routes of supply, suggestion is forwarded to the Division and to 1st Brandenburg Regiment, to mine the roads used by bands, in addition to ambushes, local thrusts at transfer points, and evacuation of suspected villages.
30 April 1944 ... The evacuation of several coastal localities which is urgently necessary is requested.
6 May 1944 ... Army order: 2nd Panger Army - Evacuation of band-suspects from Split in large numbers now. Very soon 2,000 are to be sent away. Apprehension is the duty of the Corps, evacuation the duty of the Croatian Government. An order to that effect was given to 264th Division and Administration Sub-Area Headquarters at Split, and the German Plenipotentiary General in Croatia was asked for information since billeting within the Corps area or employment by the troops has to be refused.
..
20 May 1944 ... Army gives notice (2nd Panzer Army) of the intention, corresponding to the proposal by Corps Headquarters, to evacuate additional coastal areas, but it reserves to itself the order fro its execution.
... 264th Division receives the order to carry out the most severe measures with regard to plundering and lack of discipline shown by the troops at ZARA.
31 May 1944...Lately it has teen proposed to Army to evacuate the pro-British population of the islands of ULJAN and PASMAN.
The evacuation of Split, ordered by Army, is proceeding only very slowly since the personnel available from SD and Secret Field Police is insufficient for a thorough apprehension of a large number of persons and since the Croatian police cannot be used for this purpose and has orders to wait for the arrival of a Government representative. Here again they refer to the secret police in connection with their work, that is SD and field. - the work of the troops.
30 June 1944... Corps Headquarters orders 264th Division to evacuate speedily the unreliable elements from Split, and sends the 3rd Company of the 591st Field Gendarmes Battalion to 264th Division for faster apprehension. The possibility of employing the evacuated persons as a Labor Battalion on the road LAPAC - KNIN is to be examined by the 373rd (Croatian) Infantry Division, and again your Honors attention is called to the use of the term "Croatian" and this is signed by the then commanding General of the XV Corps,....
Fohn, who succeeded the defendant Leyser, who about this time went over to the XXI Mountain Corps which was also in the 2nd Panzer Army.
Then NOKW 886 which is offered as Prosecution Exhibit 396, 150 in the German, 106 in the English.
This is a report from the XXI Mountain Corps to the 2nd Panzer Army, 19 June. The 2nd Panzer Army, of course, was under the defendant Rendulic.
"SS-Division Skanderbeg: Up to now 3 dead have been confirmed of the group counter intelligence unit 202 which was attacked. 2 still missing." and then, handwritten, there appears, "In reprisal 3 communists from Djakovica were hanged."
And there is a signature Hansen.
NOKW 836 at 107 of the English and 151 of the German, is offered as Exhibit 397. These are reports from the XXI Mountain Corps for July and August to the 2nd Panzer Army, 7 July:
"181. Infantry Division: In the area of Bar 10 hostages were shot to death. Headquarters XXI Mountain Corps."
Then on the 8th for the same units:
"In the area of Risan 7 hostages were shot to death in reprisal for raids."
On 11th, reporting for the 10 July, the enemy lost, in the area of the corps, 20 dead counted, 50 estimated; 2 hostages were hanged.
And for the 181 Division: on of the Corps subordinate units:
"Assembly of bands (100) dispersed by trench mortar fire.
In unsuccessful raid on motor vehicle column, 1 enemy dead and 2 hostages hanged."
And again the 2nd Panzer Army. This has to do with the Operation "Falkenauge".
"Headquarters intends by rescinding the previous plan, to bring the enemy to battle again and to destroy him before he has been able to reorganize his forces. For this operation "Falkenauge" is being prepared."
And page 154 and page 110, NOKW 837, which is offered as Prosecution Exhibit 398. This is a report for 11 July, which is the enemy within the Corps Area lost 15 dead, 32 prisoners, 5 machine guns, 25 rifles;
1 ammunition depot set afire by shooting, 2 hostages shot.
"Area Budua: 2 hostages shot to death in reprisal for telephone line Sabotage."
NOKW 838, which is page 155 of the German and page 111 of the English, is offered as Prosecution Exhibit 399. This is a Situation Report from the 21st Corps, dated 13 July, and under paragraph 4:
"Arrests:
From 28 May - 5 July the SS Division -- " and that is, it is submitted, the 21st SS Mountain Skanderbeg Division, because that was the only one in the corps at the time, so far as we know.
"....arrested 510 Jews, Communists, persons aiding and abetting bands and political suspects. In the detention camp of the Division they were kept in security arrest and 249 of these inmates were evacuated to the Reich for labor."
And then a teletype of 11 August to the 2nd Panzer Army from the 21st Corps, commanded at this time by the defendant Leyser.
"The SS-Division Skanderberg: During attacks East of Kukes-minor own and civilian losses, 2 trucks burned out. 6 hostages hanged at the places of attack."
There is an illegible signature; and then NOKW 952 was offered, incidentally, Your Honors, this last exhibit was Exhibit 400, page 112, NOKW 952.
And the next exhibit is page 157 German and page 113 of the English NOKW 1008, and is offered as Exhibit 401. This is a report from the 21st Corps to the 2nd Panzer Army, and up at the top it says: "To Tank Army Supreme Command 2." Actually it is "Panzer Oberkommando 2", which is the 2nd Panzer Army. It is a poor translation, and I would be very glad to submit it to the translators to let them confirm that it is the same translation we have had for the 2nd Panzer Army before.
JUDGE BURKE: Very well.
THE TRANSLATOR: This is addressed to the "2nd Panzer Army."
MR. DENNEY: This again is the 21st Corps, and is dated 30 August 1944. The Corps at that time was commanded by the defendant Leyser. "Situation in Bitolj unchanged. The anti-aircraft battery, section Dossow which was surrounded near Prilep, has fought free. The enemy lost, in the corps area, on the 29th, 8.: 5 dead? shot? 1 Italian desertor, 14 prisoners, 20 bandits hanged."
And NOKW 672, 158 German and 114 English is offered as Prosecution Exhibit 402. This is a memo of 1 August, from the Plenipotentiary General in Croatian:
"The retired Minister and State Councillor Doctor Petric informed us today that some time ago he spoke with the General about conditions on the island Solta and on other evacuated Dalmatian islands and that he begged that measures be taken to protect the property of the population. He presented the enclosed excerpt of a letter addressed to him by Bezic Fabijan, Split," And it gives his address:
"former Head of Community (Gemeindehauptmann) of the island Solta, of 14 July 44. According to the statement of the State Councillor the island is occupied exclusively by the German Army. The entire civilian population was evacuated three months ago and left their entire property in the main on the island. The German soldiers stationed on the island are said to transport the property to the mainland at night time and to sell it there to the civilian population in Split and the surroundings. They are said to dispose of household articles, linen, crockery, oil, wine gin, Honey, sewing machines, shovels and essentially all objects representing any value. State Councillor Doctor Petric begs that those procedures be examined by the competent superior Headquarters and that measures be taken immediately to protect the property of the population. He begs specially to see to it that the population were not deprived of the wine casks necessary for procuring a living later on. He considers the return, if possible of the women and children as expedient so that they themselves may protect their own property.
On the islands Brac, Korzula and Hvar the conditions in the evacuated villages are said to be similar. State Councillor Doctor Petric was commissioned by the Prime Minister for the dispersal and care of the evacuated civilian population and begs in this capacity that the wishes which have been expressed be carried out on the other islands too.
German Plenipotentiary General in Croatia".
And of course this is in connection with the evacuations which we seen ordered by the 2nd Panzer Army to its lower units at an earlier time.
Then the German General Plenipotentiary in Croatia for 16th August and this is dated, - and to the High Command, 2nd Panzer Army.
"Property of the Civilian Population in the Dalmatian Islands. "Forwarded herewith is a note on the inquiry by the former Croatia Minister, State Councillor Dr. Petric. The Minister has already been informed by this office that the descriptions he received were obviously exaggerated, because there are not sufficient soldiers at all in the islands to be able to carry off the entire property of the civilian population."
"In addition, he was informed that the 1037th Administrative Sub-Area Headquarters had already carried out an investigation in the island of Solta and found that a large part of destruction of private property was caused by band warfare. Since in spite of this Minister Petric has requested that his complaint be investigated by a higher headquarters, this request is forwarded herewith.
For the German Plenopotentiary General in Croatia Wehrmacht Chief Administrative Officer As deputy.
And there is a signature, Senior Staff Administrative Officer.
And then page 160 German, and page 117 English, NOKW 154, which is offered as Prosecution Exhibit 403. This is a request from the Corps, the 21st of the 2nd Panzer Army, with reference to the SS Division of the 21st Mountain Corps, and this original request of 7 September bears the signature of the defendant Leyser.
"Subject: Attack on the evacuation transport consisting of the female employees of civilian offices from Tirana on 3 Sept. East of Kukes.
To 2nd Panzer Army.
Enclosed please find the intermediate report by the German General Zagreb concerning the evacuation of the femal employees of civilian office from Tirana on 3 September.
Command of the Corps Headquarters:
1.) The evacuation was prepared and executed on the responsibility of the German General Zagreb.
Corps Headquarters considered the measures taken by the German General Zagreb sufficient and agreed to them.
2.) In addition, Corps Headquarters have interceded extensively concerning the security of the transport.
And among other things has caused the following measures to be taken:
a) An armored reconnaissance car to go along.
b) Employment of the 2nd Battalion of the 522 Mountain Regiment for road security in the area Kukes for the transit of the column.
c) On the night in question, of all motor vehicles riding along that road to be grouped into one large scale convoy (total strength of this convoy 71 motor vehicles, 254 men, 4 Machines guns, 241 rifles and 2 machine pistols."
That, in the opinion of Corps Headquarters, was all that could be done under the given possibilities for the security of the convoy. However, absolute security with the available forces cannot be guaranteed because of the long distances involved and because of the terrain which is difficult to survey. In addition, it may be said that no attack on German soldiers or vehicles has taken place between "Kukes and Prizren since the arrival of German troops in Albania (in September 1943)" -- and the Court's attention is directed to the date of this letter which is a year later, September "The enclosed intermediate report shows the secrets of the attack.
A detailed final report will be submitted.
"By order of Corps Headquarters, the following measures were taken after the attack.
"Extension of the protective zones on both sides of the main road Kukes-Prizren.
"Seizure of communists in Prizren as hostages by the 21st "Waffen-Mountain Division of the SS "Skanderbeg".
"Employment of confidential agents with the mission to find out where the kidnapped women were and, if possible, to affect their release.
"In conclusion, it must be stated that measures of our own could not have avoided the regrettable attack which took place, contrary to all probability and not withstanding extensive security measures."
Signed: "von Leyser" and "Distribution: 2nd Panzer Army" and "Information" copies to the "German General in Zagreb. And then the enclosure dated 5 September:
"Telephone call from Major Frank via exchange Kukes.
"Major Frank has previously reported by radio that he has freed the road by fighting with two companies. 13 dead recovered, among them two women. Three women not yet recovered, about 30 wounded cared for. He stated that it was not so bad about the wounded since a vehicle carrying wounded was involved in the attack; thus the figure comprises 30 old and newly wounded. Oberfuehrer Schmidthuber has ordered Major Frank to burn down some villages near the locality of the attack and to kill the population.
The approval of the Corps is still missing. Major Frank inquires whether the Corps agrees to the carrying out of these reprisal measures and asks for an immediate reply."
And it says: "Transmitted: Sergeant Bachold 181 Infantry Division" which is also part of the 21st Corps.
"Received then an illegible signature and "Captain " and then there is some illegible handwriting down below.
Page 162 of the German and 120 of the English, Document NOKW952, which is offered as Exhibit 404--- this is an extract from the WarDiary of the 21st Corps commanded by the defendant Leyser. It is a cover page showing that from 25 August 43 to 11 September 44 the Corps was under the 2nd Panzer Army and that from 11 September 44 to date it was under the High Command of Army Group E at Saloniki.
Then for 18 September 44:
"Corps Headquarters directs 21 Waffen Mountain Division SS 'Skanderbeg' not to carry out as yet the shooting to death of 50 hostages intended as reprisal measures for attacks which took place in the area of Kukes since negotiations for the release of the two German women kidnapped on 5 September may lead to a favorable conclusion and may be interrupted by such action."
And then is the matter which was referred to in the prior Exhibit 403; and then on the next page, NOKW -071, which is offered as prosecution Exhibit 405, 163 of the German, 122 of the English, and this is from the Oberbefehlshaber Suedost in command of Army Group E. This is a typed order on a blank and is from the defendant Weichs in reference --- it goes to Army Group E and the 2nd Panzer Army. The reference is an earlier communication of his, "3812/44 top secret of 21 August.
"As a supplement to the order referred to, OKW has issued the following order:
"Subject: Combatting of crimes committed by non-German civilians in occupied territories.
"By virtue of the Fuehrer Order dated 30.7.44 non-German civilians in the occupied territories who stab us in the back in the decisive stage of our struggle for existence do not deserve any consideration. This is to be considered as the directive for the interpretation and application of the Fuehrer Order itself and of the execution decree of the Chief of the OKW dated 18.1.44. If the war situation and the traffic situation made a transfer to SD impossible other effective measures are to be taken ruthlessly and independently. Under such circumstances there are, of course, no objections against the death sentence and the execution of such sentences by summary court martial procedure."
And typed at the end: "Commander in Chief Southeast (High Command Army Group F), Chief of General Staff, by order Selmayr, Colonel General Staff Corps"; and over to the left there is a signature of certification by a Colonel.
NOKW-1135 which is offered as prosecution's Exhibit 406; this is a report from the 21st SS 'Skanderbeg' Division and it bears the receipt stamp of "Army Group "." There is a signature which is that of the Divisional Commander Schmidhuber. There are 32 copies of which this is the 25th. It's dated "Received on 23 October 1944" and the date of dispatch appears to be the 2nd of October 1944. The Abridged Report concerns the initial organization and state of the 21st SS Mountain Division 'Skanderbeg."
Page 3 of the original under paragraph 2:
"Organization of the Division:
"All these condictions primarily refer to Koseve, where the SS Division 'Skanderbeg' is being organized. Above all the initial organization of the division has come up against the invisable resistance of the BEG and AGAS which has showed itself in the passivity of the prefects and mayors belonging to the BEG and a whispering propaganda hostile to the initial organization.
The greatest possible help was given to the division by the Deputy of the Reichsfuehrer-SS in Tirana, SS Gruppenfuehrer Fitzthum, who placed Police Officers and subordinate leaders at the disposal of the division as instructors and even a car able totraverse cross-country for the Division Commanders mobility, and gave his special support for supplying the Division with the requisite amounts of the country's currency.
"All possible support was given to the Division by the XXIst Mountain Corps, to which it was subordinated tactically, and also directly by the 2nd Panzer Army. The XXIst Mountain Corps also placed 1 officer and 12 NCO's at its disposal as instructors. Nothing could be expected from the 5th SS Mountain Corps, which has nothing itself."
The 5th SS Mountain Corps is a separate Corps and the 21st Mountain Division, the Skanderbeg Division was under the 21st Mountain Corps, which was commander at this time by the defendant Leyser.
"Employment" - under paragraph 3:
"In this connection it may be assumed that the commencement of the initial organization of the SS Mountain Division "Skanderbeg" was the cause of the increased furnishing of arms, medical equipment, and uniforms by the Anglo-Americans to the partisans in the Albania-Montenegro border area. This assumption is based on the experience gained during the first commitment where the enemy no longer consisted of bandits in the usual sense but of regular troops, disciplined, uniformly equipped with British uniforms, and excellently armed, under very good and flexible leadership of superior strength. There were about 30 British machine guns for every German machine gun, and the enemy fired as many sub-machine guns as we fired rifles. The Anglo-Americans and Bolshevics also benefited from having Montenegro nationals and not Albanians.
..."
"The Division Commander Scamidhuber, SS-Oberfuehrer."
And then there is 166 and 127, NOKW 1018 which are extracts from the War Diary of the Prinz Eugen Division with the reference to the execution of prisoners. This is offered as prosecution Exhibit 407. This division, if your Honors please, was under the 5th SS Mountain Corps and was --- which corps was first under the 2nd Panzer Army and, of course, at all times was under the Oberbefehlshaber Suedost Army Group F. These reports have to do with the period late in 1944 and in January 1945 and they are handwritten, and the unit here is the 7th SS Mountain Engineer Battalion which was again subordinate to the SS Prinz Eugen Division from August '44 to April '45.
"27 November 1944 the water tower was blown up by "E-Lange" at 1200.
"The bridge across the Ibar is being prepared for demolition. By order of the Commander the 7th SS Engineers, the town will be contaminated by 3rd Company and "E-Lange" on 28 November 1944. Demolitions at the railway station have commenced.
"16 January 1945. Enemy attacks. Supplies from Southeast. The bridge at Zvernik has been rebuilt by the Reds. Artillery and baggage columns are crossing it. By railway as far as Losnica. I German Armored train from Vinkovci till Tunia. 21 prisoners taken along to be shot, 2 escaped."
And then the last document in this book, which is NOKW 655, which is offered as Prosecution Exhibit 408, page 168 of the German, and 130 of the English, is a series of orders and reports for October and December 1944, from the Commander in Chief, Southeast, who was the defendant Weichs, and also from the Commander of the 2nd Panzer Army, which was under the Commander-in-Chief Southeast at this time.
The first one is 11 October 1944. This is directed to 2nd Panzer Army, and various other copies were forwarded to these indicated at the bottom of page 130, - about the middle of page 168 of the German, and this is sent by the Commander-in-Chief Southeast, Chief of the General Staff, "Winter", who at that time was Chief for the Defendant Weichs: "In the Croatian and Hungarian territory East of the line:
Drina Estuary - Erdevik - Ilok - Palanka - Kula the following measures are to be taken, depending on the development of the military situation:
Seizure of crops and cattle in areas abandoned by the inhabitants. Seizing cattle and harvest in return for a certificate of performance. Headquarters 2nd Panzer Army and Army Branch Serbian will provide the necessary labor and transportation with most extensive utilization of indigenous means.
The Executive officers of Headquarters 2nd Panzer Army and Army Branch Serbia in agreement with the Army Group Executive Officers will put aside those quantities of cattle and products of the country which are required for army supplies. It is to be endeavored to supply the forces completely from the country." Page 169 of the German, 132 of the English, this is from the 2nd Panzer Army, and the distribution list is contained on page 176 of the German and 138 of the English.
The 69th Corps get a copy, and the various other units listed there:
"The Commander-in-Chief Southeast has changed Headquarters 2nd Panzer Army with the seizure of cattle and harvest in areas abandoned by the inhabitants in Croatian and Hungarian territory East of the line Drina."
and so forth, which were just referred to in the prior communication, "depending on the development of the military situation."
And this, of course, it is submitted, is sent down in accordance with the earlier request from the Supreme Commander Southeast, or the Oberbefehlshaber Suedest, defendant Weichs.
"Likewise Commander-in-Chief Southeast has exclusively empowered Headquarters 2nd Panzer Army to establish priorities and direct traffic by rail and the Danube in the Croatian territories.
Added to this it is ordered:
1) To carry out all clearing, evacuation and dispersal measures in the area designated above, Headquarters 2nd Panzer Army will establish a special branch at Runa. This is given the task of seizing and also transporting the harvest from this territory. Instructions of Section C-1 of the corresponding order #1 and paragraph A III of Order #11 apply to this branch" Lt. Kieson was in command of this branch.
Then further down, the last sentence before paragraph 3:
"Employment of his Army Economies Staff, or parts of the same, will be decided by Lt. Colonel Kiesow according to his own judgment.
This headquarters will have under its command;" and then there is a list of what the headquarters will have under its command.
Paragraph (b) is to be noted in connection with the seizing of foods and cattle 786th Administration company.
Down under (c):
"Local headquarters at Semlin and Ruma have to comply with orders given by this branch in all questions concerning evaluation as well as in all matters pertaining to bringing in the harvest."
Then paragraph (d):
"Possible requests for officers by the commander of this branch to head additional outer branches, or to settle special matters, will have to be granted by the tactical officer, if possible. Requesting officers engaged in impertant tactical employment is to be avoided.
"5) The branch has to help primarily in the evaluation of racial Germans from above mentioned territory. The evacuation plan of the German Element in Croatia will serve as a guide for this. Basically women, children, sick, and frail persons are to be removed first, and as far as possible, by rail or truck transportation.