Report of Commander Serbia, Commando Staff, Ia/F, addressed to 18th Corps Headquarters Belgrade:
"Daily Report."
I am reading from paragraph 3. I am omitting the first sentences there.
"On 23 September through control gathering all former officers and non-commissioned officers of the Jugoslav Army were called together. Purpose: Control of their presence."
"5. Five acts of sabotage and attacks on railway stations and rail yards line of Kraljevo-Kapove, Belgrade-Cacak, Belgrade-Nisch, lines again in operation."
The last but one sentence of that paragraph:
"All telephone communications from Nzice still out of order.
22/9. Paragraph 7, only the last sentence there.
"Band attacks on six more communities, archieves burned."
That report is signed: "For the Commander Serbia, The Chief of General Staff."
The next report:
"Commander Serbia, Commando Staff," date 24 September 1941, Daily Report -- I am reading paragraph 4:
"Participation of 50 insurgents in Gendarmery uniform under leadership of a 1st Lieutenant of the Gendarmery in the attack on Gradiste of 20 September is confirmed."
On page 147, paragraph 7: "23 September"--I am omitting the next three sentences. "Band attacks on nine more communities. Belgrade is quiet again."
On page 148: "Report, Commander Serbia, Commando Staff, Department 1 A/F." It is addressed to the Commanding General in Belgrade.
"Daily Report". I am reading from paragraph 5:
"Attacks on railway stations Glibovac (Line Belgrade Vlicka Plana) and Vitkovac north of Kraljevo. Sidings and installations destroyed. Attack on German Army Train at station Vitcovac repulsed. Communications with Athens out of order."
Paragraph 7, the last sentence on the page: "Band attacks on three more communities."
THE MARSHAL: The Tribunal will be in recess until 11:15.
(A recess was taken)
THE MARSHAL: The Tribunal is again in session.
DR. LATERNSER: Your Honor, first of all, might I draw the attention of the Tribunal to the following circumstances? In this Exhibit No. 46, that is List No. 202, are contained the reports of the Commander of Serbia up to the 19th. The others were sent to the Commander Southeast. You can see this on page 139 and page 140. From the next day, the 20th of September, the reports are no longer sent to the Wehrmacht Commander Southeast, but to the Corps Headquarters, the 18th Army Corps. That is the office of the Plenipotentiary General of Serbia, General Boehme, which was set up with the tactical task of combatting the insurgent movement in the entire area of Serbia.
I now continue on page 149 of document book 4-B:
"Commander Serbia, Headquarters Staff, 27 September.
To: the Plenipotentiary Commanding General, Belgrade."
I read under figure 5 on page 150, in the middle of the paragraph: "22 to 23 September. On line Lapovo-Kragujevac, 197 telephone masts sawed off or damaged."
Then under figure 7: "In the area Paracin - Cuprija - Krusevac the Insurgents are systematically carrying out intensified forced recruitings."
Then on page 151, figure 7: "Band attacks on 5 more communities. 4 attacks on Serbian country letter-carriers. Money stolen."
Signature "For the Commander in Serbia, the Chief of the General Staff."
Page 152 of Document Book IV-B, again Commander Serbia to the Commanding General in Authority, Belgrade, Daily Report.
"1. Increasing disturbances of peace and order in Banate: 8 attacks by rebels after 25 September east of Gross-Kikinda."
Then figure 3: "First report of the Danube flotilla concerning danger of mines in the cataract reach - mines in process of being cleared by three boats."
Then page 153, figure 7, from the fourth sentence:
"25/26 September 200 rebels raid the village Mramorac, Cerovac and Ratari. Parish archives plundered and burned. In Belgrade on 27 September at 1900 hours, a Serbian police officer was shot by rebels on the Kralja Alexandra (the Third case in 2 days). As a result of police - raid in Belgrade on 27 September 100 persons, among them 22 rebels, arrested."
Signature "For the Commander Serbia, Chief of the General Staff."
Then page 154 Commander Serbia to the Plenipotentiary Commanding General, Belgrade, Daily Report. I read under figure 4: "On 29 September 34 rebels hung by the Head of the District in Coprija."
In this connection, I would like to refer to 133 of the same document book. Here there is mention of the setting up of special courts by the Serbian government. I will not bring any further proof but these two points together show that the District Superintendent is a Serbian office. I continue under figure 5.
"Blowing up of bridges near Krusevac. Traffic interrupted - 29 September.
In Tabakovac (Zajecar - Prajovo) railway station, train stopped by bandits and started empty on the free track. Bridge blown up."
Then the last paragraph on page 154, 28 September. "On the stretch Kraljevo - Stalac stationmaster of Vrca shot by Communists and thrown out of the train.
Page 155, figure 7, last sentence: "Raids by bands on a further 6 villages and 1 post office."
Signature: "For the Commander Serbia Chief of the General Staff."
This brings me to the end of Document 46. I would like to read again from it in another connection which I think is important. Document List 204 -- this has already been submitted as Exhibit No. 44. From this document I would like to read two passages. It is to be found in Document Book IV-B. First of all, I would like to refer to page 204 in this connection and to read from it. Page 204, 7 September 1941.
I moit the 2300 hours; I read from the 23.38:
"An attack on the water supply and spring reservoir of the City of Banja Luka was perpetrated in the night from the 7th to 8th of September. The Croatian guard placed there was shot to death."
Now I turn to page 207. I read from the second part of the page: "19 September 1941, 17.45. Line Brod-Mitrovica interrupted.
"20.55 The Burgomaster of Hrvacani reports that the insurrectionists are setting the surrounding village afire, and that they threatened him they would do the same thing to his village."
This concludes Document Exhibit No. 44.
MR. FENSTERMACHER: If your Honor please, I only have two or three excerpts I would like to read into the record.
PRESIDING JUDGE BURKE: Very well.
MR. FENSTERMACHER: From List Document 202, which is Exhibit No. 46 in List Document Book IV-B, on page 115, paragraph 4: "Police units committed by the Serbian Government in agreement with Commander Serbia have so far not been in combat against the Communists."
Next on page 117, last paragraph on that page: "The insurrection movement has already grown to such an extent that at present military units in the strength of a battalion cannot be moved any longer without facing the danger to be engaged in combat by the insurgents and be incircled in mostly roadless terrain. " Next on page 119, immediately under figure 3, "The available troops, according to their numbers, kind of training and armament, are inadequate to quell the revolt.
" Next on page 121, this is an instruction of the Central Committee of the Communist Party of Serbia regarding the operative method of band warfare, which was mentioned on several occasions by the defendants during their testimony.
DR. LATERNSER: I would like to interrupt here. This part of the document I will also read in another connection. This Document 202 that is Exhibit 46 - I haven't yet finished with.
MR. FENSTERMACHER: I am sorry, your Honor. You have finished have you not, Doctor, with List 204, which is Exhibit 44?
DR. LATERNSER: Yes, I have finished with that.
MR. FENSTERMACHER: I have one or two excerpts from that document, if your Honors please. First on page 179 under the 1st of August, 1941: "11.10 Report by Fertner, Jajce: Yesterday at 21.00 hours the Insurgents have overwhelmed the gendarmery station Globovac in the Vras -valley and the population of 22,000 Serbs living in that territory have joined the rebels. The new Jugoslavian state was proclaimed."
DR. LATERNSER: Now I would like to turn to List Document No. 205, Exhibit No. 45 -- this is to be found in Document Book V, page 44, as further proof for the band activity. I read from page 44, first of all one paragraph. Since I have divided up the subject of band activity into before the 5th of September and into after the 5th of September: "6 September 1941, Valjevo. 22.15 (at the bottom of the page) Division reports to Higher Command LXV:
Cetnik Commander Kamenica united with Communist Commander at Bogovadja, 6 km south of Lajkovac, Main Camp in forest of Cornje Music, 7 km northeast of Myonica, Staff at the Monastery of Man. Bogovadja. Munition depot behind the church of the Monastery. Date of the insurrection fixed for 7 September. Division requests dive-bombing attack for the early morning hours of 7 September. Confirmation requested before the night is over."
Now I turn to page 47. On page 47 of Document Book V, and read from the top, the third paragraph. I take the date from page 46 -- 10th of September 1941, Valjevo. Then I turn over to page 47 and read from the third paragraph from the top: "Higher Command LXV reports approach of British agents from Greece."
On page 48, second paragraph from the top, 12 September 1941, Valjevo:
"Cattle receipts Valjevo extremely small. Communist bands prevent delivery of farm products by the peasants round Valjevo. 4 armed civilians detained on this occasion. Supply of fresh meat has to be secured by requisitioning in the surrounding villages. Food supply of the civilian population very much endangered.
"According to Cetnik reconnaissance the town of Ub completely controlled by Communist rabble. Captured Serbian Field policemen and respected citizens are shot dead, looting occurs."
I turn to page 50, 15 September 1941, Valjevo: "12.15 hours." I leave out the first paragraph and read the next one: "The Division communicates instructions by the Central Committee of the Communist party of Serbia for the execution of the guerilla war to the units of the Valjevo garrison (Dropped by planes)".
This concludes Document List 205, Exhibit No. 45.
MR. FENSTERMACHER: I just have two or three excerpts, if your Honors please, from this exhibit. First on page 10, at the top of the page, 15 May 1941:
"Subject: Combating of Communist bands.
"Result:
"1. The executive power is transferred to the troops without the situation having been expressly declared exceptional.
"2. The Serb. police are subordinated to the troops."
Next on page 21 under 29 August 1941, Valjevo: "On 29 August 41 the missing soldier is brought with a sprained ankle to Valjevo by a peasant. He had fallen from the back-seat of the cycle by a sudden start, had been captured by the bandits, beaten up, and released after a day, with the remark, they were out for officers only."
DR. LATERNSER: Now I submit Document List 208 as List Exhibit No. 47. This is to be found in Document Book V, page 59. It is an excerpt from the activity report of General Headquarters 18th Mountain Corps and deals mainly with band activity from the end of September to the middle of October 1941, that is until Fieldmarshal List, relinguished the command.
From this document I would like to read a few passages from page 60, the bottom, the last paragraph.
25 Sept. 1941 During the past few days propaganda unit S distributed 10,000 leaflets from planes in Belgrade and in the other Serbian areas. The leaflets contain reports about the German successes in the East.
I am reading this passage just to show that attempts were repeatedly made to bring the bandits to their senses. I read again from page 61:
A lively interest is shown by the Belgrade population during the distribution of pamphlets.
25 Sept. 1941 Vojvod Rtanski, liaison officer of KostaPecanac in Belgrade, several days ago visited the camp of Mihailovic's staff on Babina Glava (28 km northwest of Cacak) in order to negotiate with Mihailovic by order of General Nedic. The negotiations are without result. Mihailovic has refused to join the action of General Nedic and send his bands home. According to Rtanski's point of view Mihailovic cannot make up his mind to under take any action against the Communists and believes he can use them for his own purposes.
Strength of the Mihailovic forces about 1200 men.
Now I turn to page 62 and read from the top:
The Plenipotentiary Commanding General declares to be in agreement with the suggestion of the propaganda unit to drop leaflets in the areas of Krupanj and Losnica which is informing the insurgents of the fact that Pecanac is supporting the Nedic Government.
I omit the next paragraph and read:
The following telegram was received from K. Pecanac: I have personally assumed command of large Chetnik groups, I am advancing in the direction of Krusevac to restore order and fight the revolt. My Chetniks are already engaged in the combat. Please instruct the commander of the German troops that I am south of Krusevac.
Then 28 Sept. 1941 ..........................Directives for the Propaganda:
Information of the civilian population about the punitive measures.
Then I turn to page 63, the last third of the page.
"Valjevo, 5 Oct. Farmers with food, 1 km north of Valjevo, robbed by Communists and driven back."
Page 64 last paragraph: "Djurovic 5 Oct. Area Headquarters Mitrovica: Villages in the neighborhood of Kolasin in the German and Italian sphere of interest were mostly burned down by Albanians."
Then I turn to page 65: "Kraljevo: 6 Oct. Wehrmacht Liaison Staff:" I omit the first paragraph.
The following attacks occurred during the past few days:
1) During the last week of September 3 band attacks against the Air Force fuel dump north of Kraljevo. Enemy beaten off, no casualties.
2) On 1 October an advance guard of 7 men from Kos. Mitrovica were kidnapped in Usce by 200 band members.
3) 3 October supply convoy on road Kraljevo - Kragujevac, guarded by regional defense units, attacked. 6 trucks burned. Number of killed still unknown.
4) 3 October Air Force Ordnance Staff 10 attacked near Ridnica-Kamenica (15 km southeast of Kraljevo near Ratina).
2 fliers killed, 4 missing.
5) During the night from 3rd to 4th of October road bridge on the southwestern exit of Kraljevo blown up.
........................................
Then 10 racial Germans and 3 Serbs shot and hanged.
Then on page 69 the last paragraph on the page, Macva Cer: 7 Oct. -- I omit the first sentence:
On 5 Oct. members of bands threaten the inhabitants of the village south of Vranjska and Zablace with death in case of collaboration with the Germans.
And then I turn to page 72 in the middle of the page:
"Valjevo: 7 Oct. Forcible recruitment by the Communists, who leave the choice free whether the conscripts went to join Chetniks or Communists."
Then on page 74 -- on page 73 I would just like to read the heading of the report: "Macva-Cer: 9 Oct. 1941, 342nd Infantry Division."
And then I read from page 74 "Over-all impression." It can be seen from the text that later on this is supposed to be Pecanac.
In the fight against the Communists, P. is absolutely honestly on the German side. As a result of the fights between the Chetniks and the Communists the situation between the two has probably become such that it is not likely they will join together; at least for the time being. The incidents at Krusevac (24 Sept.) have shown that Kosta Pecanac cannot rely unconditionally upon his various groups. Kosta Pecanac also admitted readily that he must constantly count on unfaithful followers. His further development will depend very much upon the successes of the German army. So far as I (v. Bothmer) can judge, Kosta Pecanac is absolutely trustworthy. He will certainly always retain a strong group of followers.
In this connection, I would like to recall that the defense has already brought proof to show that Kosta Pecanac during the First World War was the leader of the insurgent movement in Serbia.
I now continue on page 74, the last paragraph: "Pecanac and Kraljevo: 28 Sept."
Headquarters Kraljevo:
On 22 Sept. the monk Nikotin Pavle, who was taken from the monastery Zuca (5 km S of Kraljevo) into the woods near Vrba (8 km east of Kraljevo) by members of the Vukasinovic and threatened with death because he wanted to work together with the Germans, states:
The Vukasinovic band belongs to the Pecanac group. The Chetniks of the K. Pecanac collaborated with the Germans as well as the Communists, and played one against the other.
Their plan was to get arms from the Germans, so that they then could join the Communists in an attack on the Germans.
The abbot Danilo of the Zica monastery and the Pope Bosko (surname unknown) work with the Chetniks.
And then I turn to page 78 of this document, the last paragraph:
Ministry of the Interior:
At 2 hours in the night surprise attack on Prokuplje by a band of 3-400 Communists. All offices demolished. 8000 Dinars were looted from the post-office. The District Governor and the official Kamperelic were kidnapped. During the combat against the bandits 2 Cetniks were killed, likewise one constable, 4 Cetniks wounded, 1 Communist dead, several of them wounded, the latter were taken along by the Communists. The fighting lasted 2 hours, Communists were forced to withdraw. In addition, 3 nationalist young men and 15 constables were kidnapped.
Then on page 81 at the top, the 11th of October:
Armed Forces Liaison Office:
In the Radovasnic Monastery all documents, orders as well as correspondence of Racic were captured. Racic evidently left his headquarters in a hurry, since he left behind his boots and officer's cloak.
Then on page 83 the last third of the page:
342 Inf. Div.:
In Losnica captured: Larger Ammur depot: 45 Grenades 7,5 cm, 30 anti-tank-grenades, 45 kg explosives, 130 kg black powder, 1100 bridge ignition fuses.
Then on page 84:
Report of 6. Volunt. Corps. 1st Lt. Bogomir Pavlovic: Arrived at Pozarevac on 2.10.
There Serbian Commander General Ilic, local Governor Commander Captain Krause, Commander of the Serbian Gendarmery Captain Djordjevic. Communist bands are strong in the district in the of Pozarevac, chief in P., P. Central Int. Agency, business world concealing the bands, beginning from Mayor District and community offices under criticism. District chiefs have dropped the reigns of power; some have fled into the city, they don't show up in their community offices, often for months. Some even make common cause with the bandits. Peasants, frightened by terror, give no information about the people in the forest. Bands appear in large groups (250 - 500 men), poorly clad, well armed.
From here I read the second paragraph:
7 October: Serbian Interior Ministry: In the area of Palanka Communist bands 700 men in the villages of Kusadak, Azanja, Batari, Jelenac, Crkvica burning archives, killing Nationalists."
Then I turn to page 86, the third paragraph on the top:
"Macva-Krupanj - 8-10 Army Liaison Post: Fleeing miner from K. reports that a month ago about 200 German prisoners were in K., who were undressed and left in their underclothes."
Page 87, the last paragraph:
"Valjevo 13.10. Army Liaison Post:
Reconnaissance activity of the bands around Valjevo constant kidnapping of inhabitants, who went shopping in surrounding villages. Conmander of the "Staff of the Save Div. of the Fighters for Liberation" by the name of Politikon (Belgrade Jew) issues recruiting orders. Order to all mayors of Popycke, Lukovac, Duplaja Babinaluke, Zabrdica (all northeast of Valjevo), to destroy all roads Valjevo-Belgrade. Requisitions of food throughout the area.
Then I turn to page 95. At the top, second paragraph:
"Krusevac 15 October. Peasants in the neighborhood of Krusevac are forced by the insurgents to commit acts of sabotage."
The last paragraph on the page:
"Final result of the evacuation of the Cer mountains will not show any considerable numbers of prisoners and booty. Strong forces of the enemy have retreated in time."
On page 102 I would, only in this connection, like to mention that all of the pages which are skipped contained reports about band activity, but I am only picking out various reports about the different kinds of activity:
"Kraljevo", I read on page 102, the second paragraph: Kraljevo: 15 October Wehrmacht Liaison Office: Over Kraljevo martial law and enforcement by Summary Courts proclaimed. Reprisal measures announced will be carried through (1:100). Own losses 1 officer 13 men. Partisans shooting from the roof-tops at the outer edges of the town. One of the partisans shot dead was wearing the uniform of a German lieutenant."
I would like to draw the attention of the Tribunal, in connection with this report, to the fact that with regard to this case of Kraljevo, the witness Von Gedl has been interrogated.
He stated that 300 persons were shot, that is, in spite of this report it seems that the reprisals proclaimed were not carried out to their complete extent.
Now I turn to page 106, second paragraph:
"10 October: Communists sneaked in to Nish from the woods.
Increased danger of sabotage. Communist couriers found disguised as Orthodox priests."
That was the section with regard to band activities which I wanted to give for the period in which Field Marshal List was in the Balkans.
Now I would like to go over to the methods and first of all I would like to show cases of mutilation carried out by the bands.
In this connection I would like to submit document, List 121, as Exhibit No. 48. It is to be found in Document Book 1, page 25. This is an affidavit by Professor Tangl. I would like to read part of this affidavit, beginning from the third paragraph:
"About August 1941 a construction detail of a signal unit numbering about 20 men was attacked by surprise and overcome near the village of Skela west of Belgrade. The German soldiers who had been taken prisoner, were put to death. A noncommissioned officer, photographic reporter of my unit, photographed the corpses according to instructions of the army medical commission charged with the investigation. I saw the pictures. The corpses showed horrible mutilations besides many wounds. Owing to the horrific character of the pictures they were not published."
Then further proof was given by Document, List 27c. This becomes Exhibit No. 49. 27c is contained in Document Book 1, page 27. This is an affidavit by Theodor Jestrabek, and I would like to read from the 4th paragraph:
"In September 1941 three soldiers of my group, namely: acting corporal Strelka, acting corporal motordriver Glaser, both from Vienna and acting corporal Wagner from the Sudetenland, were dispatched on a truck from Athens to Belgrade with the order to receive rations for the Staff of the Army District Command 12 and to bring them to Athens.
The truck with the three soldiers never returned. After searches lasting months and covering all military districts and garrisons concerned, my organization received in the middle of 1942 at Saloniki, where the staff had meanwhile been transferred, a report of the Kragujewac district command, stating:
Having been loaded according to orders in Belgrade, the truck with the above named three soldiers had left Belgrade in September 1941 for Kragujewac. Owing to the already existing danger from partisans the truck joined a convoy of sick soldiers. In the proximity of Kragujewac the convoy was raided by a column of partisans, part of it was separated from the rest, and according to a report of eyewitnesses, who were able to escape during the fighting, altogether 21 men, including my 3 soldiers, were overcome, taken prisoner by the partisans and carried away. After weeks of wandering about 20 men, including a first lieut. (medical) and my three men were at last stripped to their shirts, had to dig their own graves and were shot dead by the partisans. One of the German prisoners succeeded in escaping just before the execution. The statement furnished by him to the Command enabled later a German detachment to find the place of the execution and the graves, to identify the corpses beyond doubt and to bury them in the heroes' cemetery near Kragujewac.
I still remember well those events, because in my capacity of their former superior I had to report to the relatives of the fallen men. I had two photographs of each grave. I attached one each to my letters of condolence. The rest I kept in memory of the fallen soldiers."
Further proof is given by Document, List 118. This becomes List Exhibit No. 50. This is also to be found in Document Book 1, page 83. This is an affidavit by Dr. Drexler, and I read the last paragraph:
"The partisans did not observe the customs of war, in evidence of which I give two examples:
1) Commanders of medical units often complained, that the vehicles marked with the Red Cross were shot at from ambush at a close distance.
2) According to the report of the pilot a "Storch" airplane was shot at when rescuing wounded soldiers cut off in a mountain basin. They could not be rescued until night had set in."
For judgment of the methods used by the bands, I would like to submit List Document No. 128, and this become Exhibit No. 51. This is a document -this is in Document Book 1, page 31. It is an excerpt from an article which appeared in the Hannoversche Neueste Nachrichten No. 55 on the 19th of July 1947, with the title. "Is International Law Divisible?"
MR. FENSTERMACHER: I object to this. It is not a sworn statement. It is complete hearsay. We do not know who wrote it. The author is certainly not available for cross-examination as to his sources of information, and the period of time involved. He just stated the period of time of the indictment.
DR. LATERNSER: Your Honor, I cannot prove that, but I can inform the Tribunal that I made inquiries with the newspaper, and I wanted first of all to bring the author here as a witness, but in the end I decided not to. I would ask that this excerpt be admitted because the methods in the Balkans appear in this way that are practically as things happened after the way, so they happened also during the war, and I think that this is very important.
PRESIDING JUDGE BURKE: The objection will be sustained, and we will take our recess at this time.
THE MARSHAL: The Tribunal will be in recess until 1330 hours.
(The Tribunal in recess until 1330 hours January 6, 1948)
AFTERNOON SESSION (The hearing reconvened at 1330 hours, 6 January 1948.)
THE MARSHAL: The Tribunal is again in session.
THE PRESIDENT: We will proceed.
DR. LATERNSER: If the Tribunal please, I was just about to submit evidence for the methods used by the bands against the German armed forces. As further evidence I am submitting Document List 150-a, and this will become List Exhibit 52 -- I beg pardon, this will become List Exhibit 51. That document can be found on page 2 of Document Book 3. It is an affidavit given by Professor Walther Kittel, and I would like to read this affidavit. I shall start with the third paragraph:
"From 28 December 1940 until the spring of 1942 I was active as Generalstabsarzt (Major General) with the Twelfth Army in my capacity as its chief surgeon.
"In the course of the fighting against the partisans in Serbia, at several times reports came in, concerning the atrocities committed against German soldiers by Serbian bands. Amongst other things, a surprise attack was perpetrated against members of a signal regiment; the number of the regiment I do not remember any more. I remember that the German Command Offices made a detailed report concerning the atrocities which were thereby perpetrated by the Serbian partisans. I myself have seen the photos which were attached to this report. One could perceive from the photos that the corpses showed, besides bullet wounds, crushed skulls and injuries of the genitals."
MR. FENSTERMACHER: Your Honor, I object, this is complete hearsay, there is reference to a report which we already have in evidence, The report of the attack against the members of this particular signal regiment. The report itself is certainly the best evidence and speaks for itself.
JUDGE BURKE: That may be so, but I think for whatever it may be worth the Tribunal will receive it.
DR. LATERNSER: The Greek bands also used cruel methods. As evidence for this fact I am offering Document List 23-c, and this will become List Exhibit 52. This document can be found in List Document Book 1, on Page 29 of that document book. This again is an affidavit given by a former company commander Hausbacher, and I shall start to read the third paragraph of that document.
"From 6 April 1941 till the beginning of June 1941 I was platoon leader in the mountain infantry regiment 85 of the fifth mountain division; from the beginning of June until the end of October 1941 I was acting I b with the 5th mountain division; later from the end of October till 5 December 1941 I was company commander of the 15th company of the mountain infantry regiment 85 of the 5th mountain division.
"From 6 April 1941 till 24 May 1941 I was stationed in Northern Greece, from 24 May 1941 till 1 December 1941 on the island of Crete and after that for a short period in Greece (Athens district).
MR. FENSTERMACHER: If Your Honor please, I object to this document on the ground that there is nothing -- it relates entirely to Crete and we have not alleged any event on the island of Crete, during the period the affiant mentions he was there, against the defendant Field Marshall List. I submit that it is completely irrelevant and immaterial.
DR. LATERNSER: I know that there were no charges made against Field Marshall List on the basis of events taking place on Crete, but I contend that the inclination of the insurgents to use cruel methods against the occupation forces was not restricted to the mainland alone, but also was the case on Crete, and if it was handled in this way on Crete one could assume that it was handled the same way on the mainland, and that is why I believe this affidavit should be admitted.
JUDGE BURKE: For whatever probative value it may have, it will be admitted.
DR. LATERNSER: From 6 April 1941 till 24 May 1941 I was stationed in Northern Greece; from 24 May 1941 till 1 December 1941 on the island of Crete and after that for a short period in Greece (Athens District).
"When we had arrived on the island of Crete, I myself, just as the other members of my unit, found that horrible atrocities had been committed on the parachutists who had jumped off shortly before our arrival.
"I myself have seen a large number of corpses of members of the German Wehrmacht, which were mutilated in a truly bestial manner. Part of the corpses had their eyes put out and limbs cut off, especially also the sexual organs in part of the bases.
"Those facts were mainly established south of Cania and Sudabay. Later I myself made the acquaintance of the treacherous manner in which the fight was carried on by the civilian population. Frequently they shot at us out of houses and the members of the German Wehrmacht were often pelted with stones and such things, old women and children taking part in this activity. In spite of this conduct of the population and though sharper orders were expected by the troops in view of these atrocities, Fieldmarshal LIST, as far as I can remember, proclaimed an amnesty in September 1941, in consequence of which all partisans were released. By this amnesty calm was restored to a certain degree on the island of Crete."
And that affidavit is signed by Friedrich Hausbacher.
As last Exhibit in this particular chapter I am offering List Document 155, as List Exhibit 53. It can be found in List Document Book 3 on page 3. It is again an affidavit executed by a former non-commissioned officer Hilse, and I would like to read this document:
"In the morning of 30 May 1941 I jumped with a unit of the 3rd company of the parachute regiment No. 3 in the combat area Chania and was wounded by a shot in the head on the evening of the same day, in the course of a battle with armed civilians.