The first one, 21 February, 1942:
"Within the framework of the reprisal measures ordered 570 Communists were shot to death in the area Maljene Suvober by the Serbian Auxiliary Gendarmerie.
On 19 and 20 February in Belgrade 20 arrests were made."
On page 46 of the German, page 60 of the English:
"Final report of the operation south of Prokuplje: Bulgarians 16 dead, 14 wounded; Enemy, 302 killed in combat, 403 prisoners shot to death. Enemy losses are probably considerably higher."
"In Gr. Strzava 36 Insurgents shot to death. On 21 and 22 February in Belgrade 16 persons arrested."
Under date of 25 February 1942:
"In Grn. Tresnjevica, 110 Communists were shot to death within the framework of reprisal measures."
Under date of 27 February, 1942:
718th Infantry Division: 3rd Battalion 741st Regiment, 9 Insurgents taken prisoner among them the bandit leaders Boruta and Simic, for purpose of interrogation not yet shot to death. The Insurgent Group Gvozdenovic was destroyed by the 3rd Battalion of the 741st Regiment. 107 enemy dead, among these the bandit leaders Soda, Popovic and Mile. 18 prisoners, for purpose of interrogation not yet shot to death. Booty: 5 light machine guns, rifles and ammunition, copious amounts of written matter. From 1 to 26 February enemy losses caused by the 714th Infantry Division were in all 679 dead!
And these again are just typewritten copies. There is nothing to show that there is a signature on them.
Then on Page 48 of the German, and 62 of the English, NOKW 1125, which is offered as Prosecution Exhibit 180, this is an activity report, extracted from the War Diary of the 704th Infantry Division for dates in January and February, 1942. Under 11 January 1942:
Engineer company 704 sends 5th report on the company's labor forces in the coal section north of Pozarevac: The production figures fell somewhat, because an airshaft caved in on 24.
12. A general overhauling of the airshaft is extremely necessary. To load the coal produced on peasant carts to the Pozarevac railway station is uneconomical and quite difficult. (Foot-and-mouth disease in several localities.) The workers made available for forced labor by the concentration camp Sabac, were not fit to work, because of lack of clothes and because of vermin and illness; they were returned to Savac on 25.12.
4 February 1942:
Dept. Ic submits report on the captives delivered to the SD-Belgrade. Until 3.2.42 161 partisans, 17 Jews and 2 Jewesses were handed over.
16 February 1942:
Division publishes decree of the Plenipotentiary Commanding General, according to which all insurgents participating in a battle are to be shot. According to this prisoners can only be made in exceptional cases, when an interrogation becomes necessary. After the interrogation the prisoners are to be shot immediately. These are to be differentiated from "reprisal prisoners" and "hostages."
At this entire time of these entities this Division Headquarters was located at Pozarevac.
Turning to page 58 of the German, page 65 of the English, Document No. NOKW 897, it is offered as Prosecution Exhibit 181 in evidence. This is a communication and order from the Commanding General Plenipotentiary in Serbia, Belgrade, 18 March, 1942:
Revising the order valid heretofore, captured insurgents must not be shot to death unconditionally, but may be sent to Concentration Camp Sabac, later Semlin. From there, they will be sent as laborers to territories of interest to the German Reich.
In as far as insurgents are ready to surrender unconditionally they may be informed that they will not suffer the death penalty as before.
It is in the interest of general pacification that the insurgents be informed of this possibility.
This decision also takes care of the inquiry of the 714th Infantry Division Ia. No. 259/42 secret of 11 March.
The original is typed, "Signed, Bader".
On the original it is typed again, "General der Infanterie" and of course he was not. He was a Lt. General of the Artillery, but below it, very faintly, if Your Honors will look at it, "Artillery" is written in German, and to the left is typed "Certified true copy" and signed by a Lt.
JUDGE CARTER: Mr. Denney, this order addressed to the Commanding General and Commander in Serbia, isn't that, "Bader"?
MR. DENNEY: It is not addressed. That is just a heading of it, Sir, like a heading on a paper. It is an order of the Commanding General and Commander in Serbia, signed by Bader. It is just the heading that appears at the top, even as an address would appear on a civilian communication, and throughout all of these orders, we have had a great many where the title is at the top.
For instance, this one just before, from the 718th Infantry Division to its units, if Your Honors will recall, on page 57 of the English, at the very top there, appears 718th Infantry Division, and it is signed by someone for the Division.
I think if Your Honors will look at the photostat of the original which is now being handed to Judge Burke, it will be clear.
JUDGE CARTER: It is rather misleading to have that appear right at the point where the address is generally placed in a letter.
MR. DENNEY: Yes, sir. I am sorry it is so close. That is just a mechanical matter in the typing, and we have tried to indicate to the Court at any time when it was addressed to someone.
I particularly would like to call the Court's attention to the fact that "Infantry" does appear there typed, although he is a General of Artillery, and that it is certified as a true copy and, "Artillery" is written very faintly in either pen or pencil in German below the word "Infantry", and the certification is by Lt. Colonel of the General Staff, Corps.
The distribution list which shows to whom the communication is directed:
"All divisions;
All Home Defense Battalions;
All Administrative Sub-Area Headquarters;
All District Headquarters;
Administrative Staff, Ia, Ic."
Then turning to page 51 of the German, page 67 of the English, NOKW 1080, which becomes Exhibit 182 in evidence, this is dated 18 March 1942.
This, if Your Honors please, is the same order as appeared before, and on the bottom there is the addition which shows that it is distributed by the 718th Division, and this is put in so that Your Honors can see the way these orders go through. On this copy the certification by the Lt. Colonel of the General Staff is typed, and on the copy which the 718th Division sends down, there is a further certification by an officer of the Division, and at the very bottom of the page the distribution list is contained. "This decree is only valid when the division is not actually fighting with insurgents".
I would like to submit this to Your Honors, and here it is signed for the Division Commander by Dr. Ulrich,Major.
Please hand it to the Court so that they may see it.
MR. DENNEY: And then on page 69 is Document No. NOKW-1077, which is offered as Prosecution's Exhibit No. 183 in evidence. This is an excerpt from the daily report of 19 March 1942, from the Commanding General and Commander in Serbia, to the Wehrmacht Commander Southeast, a copy to the German General in Zagreb. "500 Jews transported from Kos. Mitrovica to Semlin." And then turning to page 59 of the German text and page 70 in the English text. I have a note here that the German Document Book is in inverted order. So, if Dr. Laternser or one of his associates would look at the next document, which is No. NOKW-835, which we offer as Prosecution's Exhibit No. 184, perhaps they might like some time to place their document into proper order. (Approximately two minutes taken by Defense.) This document is directive from the Wehrmacht Commander Southeast, the Defendant Kuntze, dated 19 March 1942, and the subject is "Combatting of Insurgents in Serbia and Croatia," with one enclosure. The order number is Ia No. 500/42, and there are 100 copies of which this is the 100th copy.
1.) "Consideration must be taken that in spring the larger scale insurrections in Serbia and in that part of Croatia which is occupied by German troops will begin.
"The overall situation requires that in this area quiet and order be preserved under all circumstances. For this purpose all means are to be employed which lead to success. One cannot count on the bringing up of reinforcements.
2.) Pertaining to this I order:
a) "In Serbia each reinforced Infantry Regiment is to be assigned a definite territory.
"The Regimental Commander is fully responsible for quiet and order in this area.
"All troops situated in this area are to be subordinated to him tactically. The SD, the Waffen-SS and the Serbian Police Forces (including auxiliary forces) subordinate to the latter, are to be instructed to cooperate as closely as possible with the above. For combat activity he disposes over all forces within his area.
"After pacification of Drina triangle east of Regotica and of the Ozren-Plateau has been carried out, the same procedure is to be applied in Croatia.
b.) "In addition to a continuous patrol service, continual surprise operations are to be carried out in quiet areas for the supervision of the area and as mopping up operations.
c.) "Instruction is to be given again to all members of the German Wehrmacht in Serbia and Croatia regarding the significance of their duties for the overall situation in Serbia and Croatia and regarding their behavior in case of attacks. Here it must be accentuated that initiative and action is required of each German soldier, that he may not, no matter what the situation, negotiate with the insurgents and that he is never permitted to surrender.
"I expect troop leaders of all ranks to show special energy and ruthless action as well as to commit fully their own person for the duty with which they are charged, which is to preserve quiet, order and security by all means. All soldiers who do not follow orders and who do not act decisively are to be called to account.
"By means of brutal police and secret police measures, the formation of insurgent bands is to be recognized in its inception and to be burnt out. Captured insurgents are to be hanged or to be shot to death as a matter of principle; if they are being used for reconnaissance purposes, it merely means a slight delay in their death.
e.) "The disarmement of the population is to be continued. Only the state guard and factory guards retain their arms to the extent authorized. The reorganization of the gendarmerie and the absorption of the auxiliary gendarmerie, as well as that of the units loyal to the government, by the above is to be speeded up.
f,) "The state guard, its Serbian auxiliary forces and factory guards require supervision. Passive behavior, for instance permitting one's own is to be punished immediately by effective penalties! On the other hand it is recommended to offer rewards for courageous behavior and corresponding decisive action.
g.) "Full exploitation of the Serbian Government which is justifiably interested in an active cooperation.
3.) "I again refer to Directive for the Combatting of Partisans (Commander in Chief of the Army/ Army General Staff/ Training Section) (1a) - No. 1900/41 of 25.10.1941, distributed with the Wehrmacht Commander Southeast Ia - No. 2759/41 Secret of 22.11.1941). This must become common knowledge among the troops."
The most important directives are again summarized in the enclosure.
4.) "Commanding General and Commander in Serbia reports:
a.) "To 10.4. that this order and enclosure is known to all Battalions and other Commanders. The Bulgarian Occupation Corps also is to receive sufficient copies. Simultaneously a map with the outline of the areas of the Division and Regiments is to be submitted.
b.) "Specific experiences and suggestions as they occur."
MR. DENNEY: And then there is a handwritten initial, and it is signed "Kuntze, General of the Engineers." And then follows a distribution list that the first 90 copies go the Commanding General and Plenipotentiary General in Serbia, that the 91st copy goes to the German General in Zagreb, and that copies 92 to 100 go to the Staff of the Wehrmacht Commander Southeast, the Defendant Kuntze, the author of the letter. And it is submitted that the initial of the Defendant Foertsch also appears to the right of the typing, "General der Pioniere." Now, the enclosures start on page -- the following page in the German which I believe is page 53; I am not sure -- it is page 73 in the English. Do you know, German Counsel, where the enclosures start in the German? My book is improperly numbered here. It is "Directives for the Treatment of Insurgents in Serbia and Croatia General." And this has on the top "Enclosures to the Wehrmacht Southeast and Commander in Chief 12th Army Ia - No. 500/42 Top Secret of 19.
3.1940."
"Directives for the Treatment of Insurgents in Serbia and Croatia General.
1.)...........
"The more unequivocal and the harder reprisal measures are applied from the beginning the less it will become necessary to apply them at a later date. No false sentimentalities! It is preferable that 50 suspects are liquidated than one German soldier lose his life."
MR. DENNEY: And then omitting a portion and coming down to details.
"Details" As for our own combat activity one must differentiate between the regular patrol service, the small-scale operation and the large-scale operations.
a) It is the purpose of the patrol service to supervise the entire territory continuously. It is to be carried out continuously over continually changing areas by patrols capable of combat who are as mobile as possible (mounted, with bicycles, etc.). Houses and farms are to be searched according to plan! Weapons are often hidden in hay or straw beds. Journeys with armored trains for checking purposes on all railway tracks.
b) It is the purpose of the small scale operation to annihilate small bands in reported rest areas, camps and billets, to check suspect villages and to carry out reprisal measures. These small scale operations are to be executed continuously. They are dependent in considerable measure on surprise.
The following procedure seems practicable when a band nest has been reported.
Alerting of the unit in the evening or during the night.
March or short railroad ride (detraining if possible between stations! near the target preferably without vehicles) Marching toward the target from different directions preferably across country without making investigations on the way, short preparation (no noise!then attack.
Bad weather conditions favor the surprise.
The large scale operation will be ordered by the Commanding General and Commander in Serbia or by Wehrmacht Commander Southeast and has as its purpose the annihiliation of stronger bands.
Then omitting some, and then we go down to the last paragraph before the paragraph numbered six which starts:
If the presence of mines is suspected the clearing up is to be done as far as possible by insurgents or by the Serbian population.
The same applies to road blocks, destructions, etc.
And then paragraph numbered six which applies to reprisal measures:
"R e p r i s a l m e a s u r e s are to be carried out immediately subsequent to the deed.
The following applies basically:
Rebels captured carrying arms are to be shot to death or hanged, as well as everyone of their followers or whoever is supporting them, or has supported them.
Villages in which arms or ammunition are found or from which the Rebels have been aided or abetted in any way are to be burned down. Villages in the neighborhood of which attacks, destruction, blasting or other acts of sabotage have taken place and if they are strongly suspected of having served as a support for the Insurgents, are to be destroyed. Deportation of the population into concentration camps may also be practicable.
Villages with Communist Administration (handwritten: are to be destroyed and men are to be) taken along as hostages.
If it is not possible to produce the people who have participated in any way in the insurrection or to seize them, reprisal measures of a general kind may be deemed advisable, for instance the shooting to death of all male inhabitants from the nearest villages, according to a definite ratio (for instance 1 German dead -100 Serbs, 1 German wounded - 50 Serbs)
DR. MENZEL: Menzel for the defendant Kuntze. The document which has just been read is an order which is rather important for the defendant Kuntze, since it is being changed to him and since it is very important. I have only just now received the document. It contains also a draft of the order which besides voluminous directives may well not be the original but just a draft. I therefore ask to make a short recess so that I may have a chance to look at the document closely.
THE PRESIDENT: I wonder if we could pass to some other document and then you could examine it during the recess period?
DR. MENZEL: Yes, that is acceptable.
THE PRESIDENT: With the privilege of returning to it after our adjournment.
DR. MENZEL: That suits me, thank you.
MR. DENNEY: I would like to show this section to the Court. There is quite a bit to this document and the original part which has been translated are these, as for the letter itself, and then the enclosures follow but I would like the Court to see this letter and the signature and the initial which appear at the end with the distribution list on it before it is given to counsel for the defendant Kuntze. I certainly have no objection to his seeing it but this is quite a thick document.
The Court's attention is directed to the Exhibit which was placed in evidence this morning, 160, NOKW-342, wherein an order was issued by General Bader setting the ratio as 50 reprisal for one dead and 25 reprisal for one wounded; and here the figure is again to that which it originally was of a hundred to one and fifty to one.
This is perhaps a good time to point out to the Tribunal too the mass of materials that is there which is available to defense counsel in connection with this document, and we, as the court has seen, have only used a small part of it but have furnished all to them.
Then turning to - Dr. Laternser, could you tell me the first page of NOKW-871 in your book? My pages seem to be all wrong here for the German. It is the next document. 67, thank you very much. Page 67 in the German and page 77 in the English. It is NOKW-871. It is offered as prosecution's Exhibit 185 in evidence. These again are extracts from the War Diary of the Commanding General Plenipotentiary in Serbia, General Bader. The first entry for 21 March, Day report to the Wehrmacht Commander Southeast;
By virtue of Ia No. 542/Top Secret combatting insurgents in Servia and Croatia the Wehrmacht Commander Southeast orders hanging and shooting to death of captured insurgents.
Hence further inquiry, whether Ia No. 1847/42 Secret of 18 March (compare Enclosure 50) is to be annulled.
And the 23rd of March:
Telephone call Ia 717th Infantry Division, Major Hosterbach:
1) May ammunitions be given to Dangic?
Immediate answer Lieutenant Bode: No, as this represents illegal behavior towards Croatian State supported by Reich.
2) How are Insurgents to be treated, who march over into Serbia?
Answer: Patisans, Communists and prisoners caught with weapon in hand are to be shot to death. Respecting those coming over voluntarily an order will be issued whether transfer to territories of interest to Germany according to Ia order Number can be carried out. The decision depends upon Wehrmacht Commander Southeast.
3) What is to be done with about 300 Cetniks who for a long time have been under arrest in Uzice, and whose political past is not quite clear, but who in all probability are former adherents of Mihajlovic, and who at the time were not shot to death. Answer: Wait, orders will be given after decision of Wehrmacht Commander Southeast.
MR. HINDEMITH: Hindemith as representative of Dr. Rauschenbach for the defendant, General Foertsch. On the basis of the presentation of Document NOKW 871 Exhibit 185, I have to point out the following concerning the German version. When the text starts, the German version reads as follows: "Enclosure 59, daily report to the Commanding General Southeast Ia, No. 542, top secret; subject: "combatting of insurgents in Serbia etc." Showing of insurgents ordered. An order No. 542, top secret is referred to." Thus the impression could be gained that a special order is involved here which was sent the unit concerned. I am of the opinion that there is a typographical error here and that the document which is being referred to is the Document 500/42. That is the document which bears the number NOKW-835.
MR. DENNEY: Well, of course, if your Honors please, the document says it is 542/ and it is submitted that the reference here is the same as that which is carried in the preceding exhibit, which is at page 59 of the German and 70 of the English. If your Honors will note on page 70, this order is dated 500/42. It is dated 19 March. It is received on the 21st in Belgrade from the Wehrmacht Commander Southeast.
Now, the Wehrmacht Commander Southeast could hardly have written order 542 which he would be writing in reply to when the top order number that he had up to the time this was written on the 19th at his headquarters, was 500 and this is the first example that we have had where we have an order number without them number 1 sash 42 because it will develop when we get into the case that these order numbers which are kept in various headquarters, armies, Army high commands, divisions, corps, etc. are kept seriatim by year and if Your Honors care to refer to some of the early orders that have been put in with reference to January-February it will be seen where they go back to number 1/42 for the orders beginning in '42 and as we go along it will be seen we get into '43 and they again return to the No.1 and us the slash 43 and here it is submitted in line with what counsel has just said and based on the material contained that what was meant here doesn't appear in the German; it appears exactly the same as it is in his text and in ours 542 slash. Obviously when it was dictated it was said 500-42.
THE PRESIDENT: I take it that German counsel speaking is reading from it and is reading from the German photostatic copy. It seem to this Tribunal that all we can take is the document as presented.
DR. HINDEMITH: Mr. President, the original also has the wrong same number. The original is the same as the German copy but in spite of this I am of the opinion that a typographical error was committed by the person who made the entry, in the war diary. It is a wrong reference.
THE PRESIDENT: It was an error when typed and in preparation of the war diary?
MR. HINDEMITH: Yes, Mr. President.
THE PRESIDENT: We have your understanding of it then and will so consider it.
MR. DENNEY: The prosecution agrees with that, Your Honor.
THE PRESIDENT: We will take our afternoon recess at this time.
THE MARSHAL: The Tribunal is again in session.
DR. MENZEL (Counsel for the defendant Kuntze): Mr. President, I would like to refer to the extensive document which has just been read. The order about the combatting the partisans I would like to say the following about this. This document unlike the other documents, doesn't portray the final result of the regulations and the orders, but it is a mass of paper which contains collections of a large number of drafts which have been corrected over and over again. There are several drafts of the chief order, besides the original and here we don't need to look any closer into it because the signature on the original of the order is not denied; but the directives are different matter. As I have already said, there are several drafts which are corrected over and over again by hand, and which are rewritten, and then corrected again and so on. And the copy which is now being presented as the original of the directive, doesn't show at all that it is really the original. In my opinion, it is only another copy, another draft of the directives which isn't signed. It has no signature. This order was extraordinarily important, and those kind of directives had to be signed since the directives were just as important and actually contained the most important part of the order. Therefore, I think that here the copies must be checked very carefully, and that these last drafts of the directives, I am sure, cannot be recognized as an original. I therefore ask that the document insofar as it concerns the directives should not be admitted since in view of the large number of drafts it cannot be seen that the last draft is really the original.
THE PRESIDENT: The objection is overruled. I think the Tribunal has indicated its attitude toward documents of this character, and they will receive such probative value as the Court deems it merits.
MR. DENNEY: If Your Honors, please, I would like to make a statement with the permission of the court with reference to this document, in view of what counsel for the defendant has said. It is true that there are a great many copies showing work on them. Some copies in type and some in longhand. We have offered this whole file because, among other things, the prosecution contends that this order was drafted by the defendant Foertsch, and we hope, at a later time, to be able to establish through the photostatic copies of the handwritten panes that they were written by him. Counsel for the defendant has stated that the copy to which was offered is only c copy. To that, the prosecution does not accede. The copy which was shown Your Honors bears the signature of the defendant Kuntze. It has the initial of the defendant Foertsch below it. It is numbered as copy 100 of a hundred copies of which were ordered. It had the distribution list. This copy going to KTB, the War Diary of the Wehrmachtsbefehlshaber Suedost, the Army High Command, 12, which was the post which was held by the defendant Kuntze as well as Wehrmacht Commander Southeast. He was also Commanding General of the 12th Army at this time, and the document, it is submitted, is an original; it is not a copy. Now, all these other things that are in here are drafts through which the document went in the process of being worked up, a procedure which is generality followed, particularly in the case of important military orders which are put out by -- no matter what units in what army, that when it is an order as sweeping as this is, all of the material relating to the construction of the order is kept together in a file.
And for counsel for the defendant to say that this is a copy, he may contend whatever he wishes, but we submit that we have shown to the Court the pages which were handed up by the assistant to the representative of the Secretary General, with the signature of Kuntze and his initial, and at a later time, it will appear that the initials of the defendant Foertsch appear on various other copies throughout this file.
Turning then to page 68 of the German and page 79 of the English; Document NOKW-936, is offered as prosecution's Exhibit 186 in evidence. This is a situation report from the Armed Forces Commander Southeast, the defendant Kuntze, forwarded to OKW, the High Command of the Wehrmacht, the OKH, Army General Staff Operations Branch, OKH, Organization Branch, and OKH, General Staff Group near East and Balkans. It is the 14th copy of 14 copies. It is a review of a situation in the area of the commander sending the report, that is, the Southeast, up to and including 22 March 1942.
"Total Situation. In Serbia small centers of insurrection were scattered, sometimes with considerable enemy losses by attacks of troops additionally employed, which were available for mobile use. Individual attacks and sabotage primarily near Nish and Pozarevac. Traffic situation improved continually.
"In Croatia bands in the area East of Sarajevo were reinforced by people pouring in from Montenegro as well as from Serbia. Lively activity of insurgents in area of Banja Luka - Sisak.
Croatian troops partly became more active and could show some combat successes which however arc counter-balanced by some failures in East and West Bosnia. Preparations have been started for a common German-Italian-Croatian operation.
"In Southern Greece, new airplane attacks on airports. In the Aegean active enemy U-Boat activity. Enemy fleet unit fired on Rhodes on 16 March.
"Serbia: In the course of reconstruction the Serbian Police Force has been renamed 'Serbian State Guard.'
"Losses in the period of 16 February to 20 March 1942. Own: German: 37 dead, 67 wounded. Croatian, 75 dead, 205 wounded, Bulgarian, none dead, 19 wounded. Serbian Auxiliary Police, 15 dead, 13 wounded."
And then over in the right, under "Remarks: In addition, 45 missing (Bauxite-Kolonne Mostar).
"Insurgents: k,983 shot to death in combat. 1,552 reprisal measures." And the copy which is offered bears the typewritten signature of the defendant, but is certified as a true copy in writing by a first lieutenant; and the distribution list is given for the local command, that is, within the area of the Wehrmachtsbefehlshaber Suedost, the Armed Forces Commander Southeast. And, if Your Honors will look down at the list on the right, you will see the familiar designations of the units there.
MR. DENNEY: And then -
DR. HINDEMITH (Deputizing for Dr. Rauschenbach counsel for defendant Foertsch): Your Honors, I would like once again to refer to Document Exhibit No. 184 NOKW-834, in addition to the statements which Dr. Menzel has just made. According to the statements of the prosecutor, I must assume that the actual order from the 19th of March 1942 which bears the number "Ia - No.500/42 Top Secret" contains as enclosure the directives which are here. The assumption of the prosecutor seems to have certain justification. At the top of these directives - I refer to the German book, page 53 --I am afraid I can't tell you the English page -
MR. DENNEY: page 73, your Honors.
DR. HINDEMITH: "Enclosure to The Commander-in-Chief Southeast and the Commander in Chief of the 12th Army Ia No. 500/42 Top Secret" of the 19th of the 3rd, '42.
This conference concerns the order of the 19th of the 3rd. Whether it is justified or not, this mark doesn't show that these directives were really enclosed as an enclosure to this letter and the statement is therefore not justified because the document presented here for this purpose -namely, the directives themselves -- are not signed. From the document one cannot assume that this enclosure carried the directives. I just wanted to make this statement now. This is my personal opinion.
THE PRESIDENT: As I understood counsel, he was merely giving expression to his own views and without any objection being made to this particular document and it would not apparently necessitate any ruling from the Court.
DR. HINDEMITH: I am sorry -- the German translation