"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.
The male members will come last in marches; the order for their evacuation will be given by the Commissioner of the Reichsfuehrer SS in Croatia.
Those professional or agricultural trade groups of the German Element directly or indirectly working for the German Wehrmacht are to be treated according to instruction contained in letter Headquarters 2nd Panzer Army, Chief Quartermaster dated 8 October 1944. Members of the Home Guard can only be evacuated in agreement with tactical headquarters commands. All evacuated persons are to be directed to march to Esseg, from where their further removal will take place.
While helping the evacuation, contact is always to be maintained with the District Direction of the Racial Germans in Eastern Syrmia, and the Local Leader of the Racial Germans.
Indigenous inhabitants not of German origin, who do not want to submit to enemy rule and want to come along, especially families of members of the Ustascha Militia who are determined to fight on the German side until the end of the war, are to be taken along."
I should just like to direct the Court's attention to that direction, to the use of, "Utascha Militia who are determined to fight on the German side until the end of the war."
Paragraph 6:
"If possible, simultaneously with the removal or departure of the the following is to be salvaged by the Branch inasmuch as it has not been taken along by it.
(a) All the cattle and poultry within the area of the Branch;
(b) All horses within the area of the Branch.
The following orders are in effect for the salvage of cattle and poultry."
It recites two orders for the salvage of cattle and poultry.
Down at the bottom:
"Beyond this, all horses and cattle are to be procured which are offered to the Wehrmacht, especially to the Ration Offices, by the population.
7) In the evaluation and salvage measures mentioned in paragraph 5 and 6," these are the two preceding paragraphs.
"racial Germans and their property will be given priority over inhabitants of the country not of German origin."
I think that we can omit paragraph 8.
Proceeding to the top of page 136 in the English, which is about the top of page 176 in the German, I believe:
"After complete procurement of salvaged goods the entire harvest supplies are to be salbaged within the area of inasfar as they are not required to cover the personal needs of the remaining population until the next harvest, applying rigid standards of need. Preference is to be given in this natter to the sunflower harvest.
Inasmuch as harvest supplies are not directly taken over by Wehrmacht Ration Offices in Syrmia, the sunflower harvest proceeds are to be transported to the Reich, the remaining harvest in compliance with orders given by Headquarters 2nd Panzer Army, Chief Quartermaster, to Zagreb.
After carrying out this measure, the remaining military and economic evacuation goods, including agricultural machinery of the evacuated population, according to evacuation surveys on hand at Evaluation Sub-area-Headquarters, are to be saved and removed to the salvage area allocated to the Army in the Reich. Evaluation goods which are the property of the Croatian Stale or Croatian nationals are to be procured only if this is specially ordered or if they have been abandoned by the fleeing population.
Indigenous help and material are to be utilized most extensively for all salvaging and evacuation, in order not to occupy Wehrmacht forces in every case.
The Branch will encure all necessary measures being taken by the competent tactical headquarters to prevent ruthless plundering, wild looting, and excesses during the salvage operations. Plunderers and unauthorized looters are to be arrested immediately and submitted to court marshal punishment without consideration."
All Italian Military Internees and Prisoners of War located within the area of the Branch are to be brought to the Vinkovci branch for removal into the Reich, inasfar as they are not temporarily required by the troops for urgent military purposes. The area of the Branch is to be cleared ruthlessly of them. In the event of Italian Military Internees and Prisoners from Serbia moving through syrnia the Branch will assist the Commander in Syrnia most extensively.
All requests for transportation space of any kind are to be directed by the applicant within the area of the Branch to the latter."
Then dropping down to (15):
"The Branch will report the first time on 1 November 1944, and every ten days after that, to the Chief quartermaster, Headquarters 2nd Panzer Army:
a) Number of racial Germans and indigenous personnel removed.
b) Evacuation and salvage goods Procured, with breakdown according to type, number and quantity.
c) Salvage goods of all types removed, with breakdown according to type, number and quantity.
The entire contents of this order are intended only for German headquarters, according to distribution list.
For Headquarters Panzer Army The Chief Quartermaster" Then there is a signature, and then the distribution list which follows.
MR. DENNEY: Then next is a teletype which starts on Page 177 of the German, Page 138 of the English, to the German Embassy, dated 18 October 1944: "Departed from Kroelic on 15 October for Zagreb; early return is necessary. Disposition concerning cattle, pigs, and grain urgently required from Food Directorate. So far only 40 empty freight cars for the sunflower shipment have arrived. Supposedly according to instruction from Ganzenmueller, flow of empty freight cars to the Southeastern area has been stopped. Request clarification since reloading has been interrupted by lack of freight cars. New list of reloading stations and quantities, will be forwarded upon completion. For the transportation of racial Germans so far neither complete outfits nor food or sleeping cars have arrived. Increase in cattle transports possible if Croats furnish empty freight cars, crews and escort for Ruma and Vinkovci, 150 men each. Signed Claus." And it is certified to by a signature which is illegible, by a first lieutenant -- rather an Oberfeldintendant, not a first lieutenant. And then there's a teletype which is to the 2nd Panzer Army Quartermaster, dated 1 November 1944 and Defers to an earlier teletype. "The railway shipment from Vrpolje to Vienna for grain contains; 63 tons sunflowers, 29 tons grain and corn," And it is from the Commander in Syrmia, and there is also listed a code number. And then there's a teletype of 31st October to tho 2nd Panzer Army Chief Quartermaster, stating that, "until 30 October 1944 the following were removed." And then animals are listed. "Animals taken in marches from Vinkovci to Brod, 2200 head of cattle, 100 sheep; by rail: from ESSEGG to E.V.M. Vienna: 780 pigs; from Ivankovo and Ilaca to the Reich Office for Grain, Vienna: 510 pigs." And then it gives the various listings of cattle, sheep and pigs and "340 tons sunflower, 40 tons of grain; by tug on the Danube from Vukovar: 43 tons sunflower." And on Page 180 of the German and Page 142 of the English, from Brigadier General Braumueller to the 2nd Panzer Army.
This is for 2 November 1944; "By order of the OKW/Economics Office and instruction by Four-YearsPlan, Agriculture Department, and Agricultural Section will be established with me for uniform orientation of all Agricultural Commanders employed or to be employed in the area to procure and remove agricultural goods. Therefore, request that it should be ascertained immediately, and that I should be notified of, all Agricultural Commanders already employed by Headquarters 2nd Panzer Army, with indication of name, rank, place of employment, and present subordination. Simultaneously request transfer that of Army Economics Office, since it cannot function in its present location and is without contact." That, again, is a teletype, and there is some illegible writing at the bottom. It is signed Braumueller, Brigadier General, which is typed. And then on Page 181 of the German and still on Page 143 of the English. This is a report on the "Official Journey by Oberfeldintendant Kaldrack and Captain Wagner to Brod, Vihkovci, from 4-7 November 1944". Question of transfer shipment for Sarajevo was discussed with the Commander of the 787th Administration Company". And later oh with Major Profit. "Group E was discussed by telephone with the Executive Officer of Army Group E." And then various other installations are discussed and inspections, and transportation of the SS "Handcar" Division. And turning to Page 181 in the German and Page 145 in the English: "To increase the Italian Military Internees employed in transferring by 100 men. To move the two Platoons of the 6th Company of the 118th Supply Battalion, still stationed at Vinkovci, to Brod. Major Profit reported that the available tonage amounts to about 400 tons supply column space for Sarajevo and the retraining 200 tons for transfer shipments from Broad to Bosn. Broad of ammunition, gasoline, and rations."
It's on Page 13 of the original, Page 181 of the German, and Page 145 of the English.
MR. JACOBSOHN (German-English Interpreter): Where did you start?
MR. DENNEY: Starting with Stabsintendant Hopp. "Stabsintendant Hopp has so far received in treks the following evacuation goods: 322 head of cattle and 184 sheep; about 800 head of cattle; by rail once 7 and on 3 November 2 freight cars with pigs." And then, turning over to Page 182 of the German and Page 146 of the English, they refer to a conference with the Quartermaster of the 68th Corps, which at this time was withdrawn. And then on Page 184 of the German, Page 147 of the English, there is discussion about receiving flour supplies promised by the Croatian Government. And down in sub-paragraph "a": Gruppenfuehrer Kammerhofer will be given the Northwestern sector of LXVIII the Corps area with Essegg and Djakovn as his territory to evacuate according to instructions of the LXVIII th Corps. Gruppenfuehrer Kammerhofer will make his police "units available without restrictions in the remaining area of LXVIII the Corps and on his part will have "Wehrmacht units within the evacuation area assigned to him for evacuation measures."
As before, Lt Colonel Kiesow as deputy of the LXVIII th Corps will maintain supreme command over the removal of all salvaged evacuation goods.
Gruppenfuehrer, Kammerhofer, according to the desires of Major Heiden, agreed to give temporary leave to 60 members of the German Element called up for the Home Guard who are at the moment housed for evacuation measures of the LXVIIIth Corps. They are to be employed to salvage goods left by the evacuated racial Germans plundered by indigenous inhabitants of other origin. Gruppenfuehrer Kammerhofer was informed that evacuation was now extended also to the property of the non-Germans in agreement with General Gustovic.
He pointed out that he had been assigned a new mission by the Reichsfuehrer SS, the execution of which he would undertake soon." And over on the top of Page 149 of the English, Page 186 of the German: "Chief Paymaster Langhammer was instructed to place the 10,000 liters Sliwowitz at the disposal of the LXVIIIth Corps as Post Exchange merchandise." It is Page 186 of the German, Page 149 of the English; it is on Page 17 of the original document if that will help you any. And then: "Organization Todt-Oberstabsfuehrer Griessler, with when matters pertaining to the Italian Military Internee-treks were to be discussed, was not there, nor could he be reached by phone." And dropping down to the last paragraph on Page 149 -- that starts with "The Corps Executive Officer stated that, after the inclusion of the non-Germans in the evacuation, demands made by him at Kiesow's Branch were settled for cattle to be slaughtered. It was pointed out to him that the Brandenburg Division was to supply itself mainly from Hungarian stocks. He was informed of the allocation of 10,000 liters Sliwowitz as Post Exchange Merchandise."
PRESIDING JUDGE BURKE: Mr. Denney, at this point we will resume tomorrow morning at half past nine.
THE MARSHAL: The Court will be in recess until 9:30 tomorrow morning.
(The Court adjourned at 1630 to resume session Thursday, 7 August 1947 at 0930).
Official Transcript of the American Military Tribunal in the matter of the United States of America, against Wilhelm List, et al, Defendants, sitting at Nurnberg, Germany, on August 7, 1947, 0930--1630, Justice Wennerstrum, presiding.
THE MARSHAL: Persons in the Courtroom will please find their seats.
THE HONORABLE, the Judges of Military Tribunal V.
Military Tribunal V is now in session. God save the United states of America and this Honorable Tribunal.
There will be order in the Court.
DR. LATERNSER: Your Honors, because the Tribunal is to rule regarding the motion put by the defense that two of the defendants can go to Washington, I would like to ask the Tribunal to accept a reply to the ruling on the motion. I believe such a reply is necessary, and such a reply is in accordance with the principle that the person who had asked for something is in the position to answer the decision. Your Honors, may I do this now, or may I submit it later to the Court?
THE PRESIDENT: I believe it would be better, Dr. Laternser, if you would prepare it in writing.
DR. LATERNSER: Certainly, I will submit it today.
THE PRESIDENT: Before we proceed further, will the Marshal ascertain and report to the Tribunal whether or not all the defendants are present.
THE MARSHAL: May it please Your Honors, all the defendants are present save the defendant Weichs, who is absent due to illness.
THE PRESIDENT: The Tribunal has received a certificate from the prison physician as to the defendant Weichs, and I am handing it to the Deputy Secretary General. The proceedings will continue in the absence of the defendant Weichs without prejudice to his interest.
Are there any matters you wish to raise at this time before proceeding with the presentation of the documents, Mr. Denney?
MR. DENNEY: With reference to Dr. Laternser's reply, I take it the Court does not expect us to reply to his reply, to our papers of op -1546 A position?
THE PRESIDENT: No, we don't expect it nor would we anticipate it, or want a reply.
DR. LATERNSER: I object to what the Prosecution has just said that it is going to reply to our reply.
THE PRESIDENT: Mr. Denney did not say he was going to reply. He merely inquired of the Court and the Tribunal as to whether or not the Tribunal would expect a statement from the Prosecution, and I advised him we did not, nor would we wish it.
You may proceed with the presentation of the evidence, Mr. Denney.
MR. DENNEY: We were on Exhibit 408, in evidence, your Honors, which is NOKW 655, and we were in the middle of the report which was submitted by one Wagner and Kaldrack, with reference to the over-all plans for the evacuation of Croatia and Serbia. We were at page 187 of the German and page 150 of the English, and it starts with the sentence: "General Gustovic was requested to approve the following requests:" It is about 15 lines up from the bottom of page 150 in the English.
"General Gustovic was requested to approve the following requests:
a) Furnishing of teams for removal of evacuation goods to the railway lines.
b) Furnishing of labor for salvaging and reloading evacuation goods.
c) Extension of evacuation measures to Croatian, Serbian, and Hungarian elements of the population in the evacuation area.
General Gustovic promised to fulfill these requests and stated that he was going to issue appropriate directives to his subordinate headquartersoffices. Likewise he indicated his readiness to inform the Croatian Headquarters about the agreements reached concerning the taking over of evacuation goods by the German Wehrmacht. It was arranged with him that the owners, in place of cash, were to be compensated with certificates of performance in the form of receipts. He requested a sample containing the text in German and Croatian language be forwarded to him.
General Gustovic was requested to see that flour deliveries to the German Wehrmacht promised by the Croatian Government be made by the individual mills.