THE MARSHALL: The tribunal is again in session.
THE PRESIDENT: You may proceed.
MR. DENNEY: With reference to the pictures, your honors, the sources which were given yesterday as being captured, that is being taken from German soldiers who were captured during combat, or delivered by Allied troops to the National Commission for the Investigation of Crime by these troops who had in turn found them on captured German soldiers, and the third source is confiscated originals from the German Administrative sub-area Headquarters in Belgrade. I don't think it is necessary to read the certificate on each one of them as to the Commission. However, I would like to read into the record a small portion of each of the caption, with reference to the Commission's findings.
The first picture in the group of pictures, which is 100b-1, picture No. 2412, investigation established that the picture represents the hanging of civilians in Serbia. The caption of this picture, written by the photographer, himself, shows that this incident occurred in the Spring of 1941. The caption of the picture reads, "Trees in Bloom in Serbia, Spring 1941."
100b-2, which is picture No. 2809, Investigation established that the picture represents the hanging of civilian population in the City of Pancevu-Voinodinje, 23 April 1941, a few days after the arrival of German troops in the city. And then, the printed material, rather the handwritten material which is photostated to the right of the picture, is dated Pancevu 23 April 1941, Reprisal for Four Murdered Comrades. Obviously, this is written by a German soldier and I believe it is to be fairly assumed that it either is in a letter or was affixed to the picture. 22 Hanged and 18 Shot to Death for Every German Soldier 10 Serbs; For every additional Soldier who was shot at the number of Serbs who will be hanged or shot to death is doubled.
Then the picture, which is 100b-3, picture No. 2805. Investigation established that the picture represents the hanging of the civilian population of the City of Pancevu Voinodinje, 23 April 1941, a few days after the arrival of German troops in the city and the handwritten part on the right, on the original, "A Roman owned a Restaurant, Secret passage went from there underneath the road to the Cemetery 200 meters, leading to a camp.
The German guards were shot to death from the Cemetary; all hanged persons were caught in the Cemetery."
Then 100b-4. This represents the same scene as the prior two pictures and therefore I won't read it. However, the writing at the right states, "After the ropes of the gallows had stretched the feet of hanged persons touched the ground, soldiers put a top hat on the Serb on the right", and it can be seen in the picture.
100b-5, which is a photostat of the placard; the translation of the placard is, "Confirmation Military Commander Serbia announces in the village of Skela a Communist band has fired on a German Wehrmacht vehicle. It has been established that certain village residents had the opportunity of notifying unobserved nearest Serbian Gendarmerie stations. It has been established that these village residents had the opportunity to notify German vehicles concerning the plot without being observed. They did not make use of this opportunity and consequently have sided with the criminals. The village of Skela has been leveled to the ground by fire. At that time ammunition exploded in some houses proving the complicity of the residents whose complicity has been proven were shot to death. 50 Communists were hanged on the spot." This photostat corresponds to the original of the German poster issued on 15 August and found in the burned out Archives of the German Administrative Headquarters in Belgrade under No. 559 and your Honors will recall from the evidence the incident which is cited.
The picture No. 889/920 which is 100b-6; the picture represented the scene from the mass shootings to death of hostages and civilians in the village of Skela in Mokva -, Serbia in 1941.
The picture No. 22218, 100b-7; The picture is one of MilovardProkeac who was hanged by the Germans in the main market of Belgrade on 17 August 1941.
The picture 24/1216, which is 100b-10 represents Belovir Jovanovic was hanged by the Germans in the main market of Belgrade on 17 August 1941.
The picture No. 32/1219 which is 100b-11 represents Radko Jeptic who was hanged by the Germans in the main market of Belgrade on 17 August 1941.
The picture which is numbered 2695/2209 which becomes 100b-12 represents the setting afire of the village in Bosnia in the year 1941 at the time of the penal exhibition.
The picture which is numbered 9995/5530 which is 100b-13 represents a scene of mass shooting to death of hostages and civilians by the Germans and of course of the penal exhibition in Sabac, Serbia in 1941.
The picture which is numbered 149-55, which is 100 -B-14, represents bodies of executed civilian population in the street of the city of Sabac. These people were killed by Germans in the course of a so-called penal expression on 21/22 August 1941.
The picture 161/567, which is 100-B-15, represents the burial in a common grave of the murdered civilian population in Sabac, who had been killed in the year 1941 by the Germans.
The picture 912/527, which is 100-B-16, represents the bodies of persons killed in Sabac, which were hanged on electric telephone poles on 21 and 22 August 1941.
The picture 1030/1075, which is 100-B-17, represents the camp in Sabac, Serbia, where the civilian population was collected toward the end of September 1941, and from there to be taken on a so-called death march for mass annihilation and mistreatment.
The picture marked 953/528, which is 100-B-18, investigation established that the picture represents a scene from the so-called death march in Sabac on 26 September 1941. The Germans forced these people to run for 30 kilometers. Those who stopped because they were tired were shot to death.
The picture which is numbered 954/529, which is 100-B-19, represents a scene from the death march in Sabac on 26 September 1941. The Germans chased this woman in order to shoot her to death while she ran, and then photographed the scene.
The picture which is 147/553, which is 100-B-20 represents the road along which the bloody march of Sabac, Siberia took place in September 1941. It is strewn with corpses killed by the German soldiers on that occasion. The dead came from the civilian population of the city of Sabac.
The picture 205/603, which is 100-B-21, represents mass shootings to death of civilians on 21 October 1941 in Sabac, Serbia, where the penal expedition executed more than 5,000 men and women.
And Your Honors, will recall the exhibits in the early part of Book III, which had to do with the Kragujevac retaliatory killings.
100-B-22, which is 306/604, represents a group of dead peasants, in the village of Marsec, near Kragujevac, who were killed by Germans on the 28 of October 1941, in the course of a penal expedition in Kragujevac. In the neighborhood on that occasion several thousands of civilians were executed. This refers to the same incident with reference to which the prior picture refers.
The picture which is numbered 204/604, which becomes Exhibit 100-B-23, represents a group of persons who were taken in Kragujevac for mass shootings to death on 21 October 1941, when the penal expedition of the German Wehrmacht executed more than 5,000 civilians.
The picture 861/997, which is 100-B-24, represents the mass shooting to death of the civilian population in the church of Vare-Skela near Sabac, in October 1944.
With your Honors permission I should like to withdraw the original and substitute photostatic copies, if agreeable with your Honors.
THE PRESIDENT: It is so ordered.
MR. DENNEY: Major Hatfield, I have indicated the exhibit numbers on the bottom, and I believe the set of photostats which I am giving you are the same, so if you will copy them off so I might have them back, at your convenience.
MAJOR HATFIELD: May I just keep the copy I have?
MR. DENNEY: Surely, if you have a copy very well. I did not know the copies were marked; we marked the originals, so if you will check them with your copy which you have marked and return them to me I will appreciate it.
And Your Honors attention is directed to Exhibit 85, and the succeeding and prior exhibits, with reference to the matter herein cited.
Then coming to the first of the three documents, -- the one which has at the top the identifying number, 100-B-25, which is an excerpt from the Novi list (Jeues Blatt) of 5 August 1941, reciting "The Communist Plague will be Rooted out."
In this instance I believe the first page will become 77(P). I believe Your Honors have copies of that, which came to Your Honors yesterday.
THE PRESIDENT: I have them; I trust my associates have.
My associates have indicated that they have these copies.
MR. DENNEY: Perhaps Your Honors would like to have a copy to follow. The first excerpt is from the Novi List ("Neues Blatt") 5 August 1941, "The Communist Plague will be Rooted Out."
"90 Serbian Communists were shot in Veliki Beckerek Belgrade, 4 August 41.
Under the heading "The Communist plague will be rooted out", the Belgrade newspaper "Novo Vreme" dated first instance published the following official report:
Because of criminal attempts of irresponsible Communist elements in Banat to sabotage the Nation's wheat supplies by fire, and because of treacherous assaults on members of the German Wehrmacht, which occurred recently, it has become necessary to take severe measures.
For this reason 90 known Communists from the Banat were shot on 31 July 1941 in Veliki Beckerek. It is again called to the attention of the population that it is to its own interest to cooperate actively with the authorities in fight against bolshevism."
The next page, which is 77 (Q), (for queen):
"Novi List (Neues Blatt), 19 August 1941
ONE SERBIAN VILLAGE LEVELED TO THE GROUND BECAUSE OF ASSISTANCE TO COMMUNISTS.
Belgrade, 18 August 1941 The Belgrade newspaper "Novo Vreme" of Saturday, the 16th publishes in large letters on the front page this communique of the Commander of the German Wehrmacht in Serbia:
In the locality of Skela a Communist band shot at a German Wehrmacht car. It has been ascertained, that several inhabitants of the locality had noticed the preparations for this attack. It has been ascertained, that the inhabitants were in the position to alert the Serbian Gendarmeria station located in the vicinity without danger of being observed. It was ascertained, that the inhabitants could have notified the German Wehrmacht car of the planned attack without endangering themselves at all. They did not take advantage of this opportunity and thus have sided with the criminals.
The locality of Skela was leveled to the ground by fire. On this occasion ammunition exploded in several houses. Thus the participation of the inhabitants has been proved.
Those male inhabitants of the locality, whose complicuty could be proved, were shot. 50 Communists were hanged on the spot.
And then the similarity between that and the placard which was the only placard among the pictures which have been offered, which was submitted so as to get no comment.
THE PRESIDENT: What page number did you give this?
MR. DENNEY: 77 (Q), for Queen, sir.
THE PRESIDENT: Are you numbering them by following the alphabet down as you go?
MR. DENNEY: Yes, starting with "A" and then starting with double letters, double "A" and "B", etc., if that is agreeable with your Honors.
THE PRESIDENT: It is agreeable.
MR. DENNEY: Then 77(R), (for Roger), "The Communists sentenced in Sarajevo:"
Sarajevo, 18 August 1941 MIHAILO POPOVICI and SALOM AIBAHARI had to defend themselves before the Senate of the mobile summary court-martial because of Communist propaganda.
Through court proceedings it has been ascertained that the above-mentioned organized a Communist party and distributed pamphlets with Communist contents and thus the Senate of the mobile summarycourt-martial condemned them to death.
The punishment was carried out by shooting after a legal respite.
Next is 77s:
"Donauzeitung, 2nd September 1941 "Cruel Revenge, "Belgrade, 1 September 1941 "In the area of the district headquarters of Sajetschar seven Jews and Communists were shot.
"In the homes of a male and female teacher from Turija, who had been active as leaders of bandit groups, pictures of Stalin and other Communist leaders were found hanging on the walls. The houses were burned down, likewise the house of Popovitsch, Wujiza, from Turija, who together with his son Josef also participated in the bandit attack on Kutschewo.
"In addition seven more houses were burned, which are owed by members of bands."
77t is the translation sheet. 77u:
"Donauzeiting, 4 September 1941" With the caption "Fifty for One"."An authoritative source states:
This morning a German soldier was openly shot on a street in Belgrade. In retaliation for this cowardly assassination 50 Communist bandits were immediately shot."
77w:
"Novo Vreme (Neue Zeit), 16th September 1941 "Punishment for Common Murder "Belgrade, 15th September 41 "As penalty for a common murder of a German soldier 50 captured persons know to be Communists were shot."
77x:
"Novo Vreme (Neue Zeit), 25 September 1941 "Execution of Communist Leaders "Belgrade, 25 September 1941 "From an authoritative source it is stated that in the Banat villages Kumane, Melenci, and Mokrin ten Communists were shot on 6 September 1941 and hung up for 24 hours.
They were found to have been the instigators of Communist cruelties and acts of sabotage."
77y:
"Combat against the Communists in Serbia "12 Communists Were Shot as Reprisal Measures.
"Zagreb, 27 September 1941 "The Belgrade newspaper 'Novo Vreme' dated 27 September 1941 publishes the following report on the shooting of Communists in Serbia:
"As reprisal measures for sabotage acts on the railroad line Veliki Beckerek - Pancevo 12 Communists were shot and hanged within 24 hours.
"Zagreb, 29 September 1941 "In the Belgrade newspaper 'Novo Vreme' dated 27 September 1941 the combats of the Communist-Chetnik bands near Mladenovac with units of the public security were described:
"In this fight 15 Communists were killed and 15 caught alive. Thirty rifles and 5 machine guns were found. During the fight 2 persons of the units of the public security were killed and 8 wounded."
77z:
"Novi List (Neues Blatt) 23 October 1941 "200 Jews and Communists Were Shot in Belgrade "Zagreb, 22 October 1941 "The Belgrade newspaper 'Novo Vreme' dated 19 October 1941 publishes the following official report on the first page:
"On 17 October 1941 200 Communists and Jews were shot as reprisal measures for assaults from an ambush on two members of the German Wehrmacht in the streets of Belgrade."
77aa:
"Donauzeitung, 28 October 1941 "Communists Do Not Escape Retaliation "Belgrade, 27 October 1941 "A German sentry was attacked and wounded by Communists on the 15th of this month in Belgrade.
In retaliation for this malicious attempt at murder 50 Belgrade Communists were shot today."
77bb. This is an account in a different paper, the Novo Vreme, which was referred to in the Donauzeitung for the same date, the 27th of October, and recites the shooting of 50 Belgrade Communists for the attack on the 15th of the month on a German sentry, which resulted in his being wounded.
77cc. This is another recital of the incident first reported in Donauzeitung, and then in the last excerpt at 77bb, and now here:
"Novi List (Neues Blatt), 30 October 1941 "50 Belgrade Communists Were Shot "Zagreb, 29 October 1941" the shooting to death of 50 Communists for the attack on a German sentry.
77dd:
"Hrv. Narod (Kroatisches Yolk), 30 October 1941.
'50 Belgrade Communists Were Shot for Attacking a German Sentry.
"Zagreb, 29 October 1941 "The Belgrade newspaper 'Obnova' of the 27th of this month prints the following official information in heavy type on its front page:
"On the 15th of this month Communists attacked and wounded a German sentry. In retaliation for this malicious murder attempt 50 Belgrade Communists were shot today."
This again recites the same incident from a different paper.
77ee:
"Novo Vreme (Neue Zeit), 4 November 1941 "Retaliation for Cowardly Attack "Belgrade, 3 November 1941 "An authoritative source states:
"In retaliation for a cowardly attack on a German sentry on 3 November 1941 100 Communists and Jews were shot."
77ff:
"Serbia "Attack on a German Sentry "Berlin, 4 November 1941 "The Southeastern Radio (Suedostfunk) reports from Belgrade:
"According to the statement by an authoritative source, a number of Jews and Communists were shot Monday in retaliation for a cowardly attack on a German sentry."
77gg:
"Novi List (Neues Blatt) 7 November 1941 "In Belgrade 100 Communists and Jews Were Shot "Zagreb, 6 November 1941 "The Belgrade newspaper Novo Vreme of November 4th, 1941, prints the following official notification on its front page:"
And there again the same incident that was referred to on "77ee", with reference to the "shooting of 100 Communists and Jews for an attack on a German sentry 3 November 1941".
And the last page, 77hh - and this is for 6 November 1941:
"Kroatisches Volk, 8 November 1941 "100 Communists and Jews Were Shot in Belgrade "Zagreb, 6 November 1941."
And it refers to the Belgrade newspaper Novo Vreme which is "77ee" and recites the same incident of 100 Communists and Jews being shot for an attack on a German sentry 3 November.
The next pages are those other than the affidavit, which are part of NQKW 16939, which has been labeled 100B-26, and the pages will continue on, the first one being "77ii".
This is a placard to the population of Valjevo and neighborhood:
"Pursuant to proclamation of 20 October 1941, 50 hostages were shot to death as a reprisal measure because a member of the German Wehrmacht of the garrison Valjevo was wounded by bandits in the neighborhood of Valjevo near Iverak on 20 October 1941."
(Signed) "The Garrison Commander" 77kk:
"Proclamation from the Garrison Headquarters "Kragujevac, 21 October 1941 "The cowardly and treacherous attacks on German soldiers during the last week, during which 10 were killed and 26 wounded, must be atoned.
"That is why 100 residents of the country were shot to death for each German soldier killed and 50 for each German soldier wounded, a total of 2,300 - mainly Communists, bandits and their accomplices.
"In the future each similar case, even though it may be merely an act of sabotage, will be met by counter measures of equal severity.
"The Garrison Commander" Your Honors will recall in Exhibit 85 there is a reference to Kragujevac, and also in Exhibit 86, where there is a reference to 2200 Serbs.
7711:
"Garrison Headquarters Kragujevac Local Headquarters 22 October 41 "Proclamation:
If shots are fired from any house, all residents of this house from 15 years of age upwards will be arrested and shot to death.
"The house will be burned down.
"The Garrison Commander" 77mm:
"Serbs.
"The winter with its snow storms is right around the corner. The Communist bandits hiding in the forests will attempt to withdraw into the villages in order to find shelter and food among the peaceful peasants.
"The German Wehrmacht and the Nedic Government has resolved to clean up finally the Communist pest and to secure quiet and order for the Serbian population.
"It will not tolerate that these bandits find shelter with peasants, that they will be hidden there in order that they may again pursue their band activities in the spring.
"For this reason it is proclaimed that:
"Persons giving shelter to insurgents, "Persons not reporting their place of sojourn, "Persons supplying them with food, "Persons transmitting messages to them, "Persons committing acts of sabotage by their orders, "Persons supporting them either by working for them or otherwise will be considered insurgents themselves and will be shot to death.
"Serbs.
"The fate and the future of your families and your nation rest with you. You may choose between quiet, order peaceful work and reconstruction or annihilation as handymen of the Communists bandits."
Mr. DENNEY: The next page, which is 77n (for Nann):
No. 98 Received from District Headquarters Belgrade Text:
Serbs ...............
Certified that this poster of the German Military Occupation Administration was found in the library of the municipal authorities of the City of Belgrade which had received it officially.
MR. DENNEY: And this applies to the prior poster. Next 77oo (for Oboe) proclamation to "Citizens of Tschatschak: Our troops have left your city because you did not display any good will in the fight against Communist Bands. You, yours elves have felt the entire brutality and thirst for blood of the mercenaries of lost Red Moscow and of Jewish London. You saw the effect on your city of a small penal expedition by our dive bombers." Here the Germans use the term "penal expedition" themselves.
You, yourselves, must decide as to what will happen to your city and yourselves.
There are two possibilities:
1) You, yourself, liquidate the Communist Bands to the best of your ability or
2) You prevent the Communist gangsters from shooting from your city at any member of the German penal expedition.
If you do not choose either one, you may ascribe the guilt for the ruin of your city, of your family and of your own life to yourselves and to the monsters which have caused all that, to the Jewish - Moscovite Communist profit and to the beaten Slavic bloodhound Josip VISARIONOVIC DZUGASCHVILJ - STALJIN who fled from Moscow to the frontiers of Persia.
One of these days, the German Wehrmacht will restore order in Western Serbia and in your city. The best example for the methods applied are:
SAPAC, VALJEVO, the entire MACVA, VITKOVAC, VITANOVAC, ZICA, RIDNICA and the other villages through which the troops of the penal expedition of the German Wehrmacht have marched.
MR. DENNEY: And the last page will be 77pp (for Peter). Coming now to the last part of the offer, which was 100b-27, which was the affidavit of one George Kiessel, the first page of this is 77qq (for queen). "Minutes of Interrogation, recorded in the Military Prison Belgrade, 24 March 1947",
THE PRESIDENT: Pardon me, Mr. Denney. Is there any other identifying mark at the top of the identification of the exhibit?
MR. DENNEY:NOKW-1637, Your Honor.
THE PRESIDENT: And part of Exhibit 100b?
MR. DENNEY: 100b-27, Sir.
THE PRESIDENT: Thank you.
MR. DENNEY: And the first page is 77qq (for queen) "Present:
Vladislav Sambaher, Interrogator Mihailovic Leposava, Stenographer Georg Kiessel was brought in and answered the questions put to him as follows:
My name is Georg Kiessel. I was born in Nuremberg on 31 October 1907. Home address: Pommelsbrunn near Nuremberg. Profession: Senior Government Councillor with the State Police Main Office - Waffen SS: Untersturmfuehrer. Married to Ilse nee Daubenspeck. Father of 3 children.
The office of Military Commander Serbia was established in Belgrade on 20 April 1941. The 1st Military Commander was General der Klieger i.e. of the Luftwaffe Foerster. After a brief period of subordination to the OKH he was subordinated after a few days to the Commander-in-Chief 12th Army i.e. to the Wehrmacht Commander Southeast. This was General Field Marshal List in Athens, later in Saloniki. The Military Commander had at his disposal immediately subordinate to him a General Staff with Gravenhorst Lieutenant Colonel G.S.C. as its Chief and an Administrative Staff with the Prussian State Councillor Dr. Thurner as its Chief.
MR. DENNEY: And here, if Your Honors please, "Thurner" is spelled with an "h". As we have had in Exhibit 17, which he signed, the "h" was omitted in the English; but it is submitted that it is the same man that they are talking about. That exhibit is on Page 63 of Book I. "It was in compliance with conception of Military Administration that military interests took precedence over all other interests. This was necessary for the military security of the troops. Thus the General Staff did not only attend to military interests, as such, but it also represented military interests in so far as these impinged upon civilian matters, as for instance in the case of the police of the occupied country (number and equipment). Regional defense battalions and Field Gendarmerie units were available to the General Staff."
It was the duty of the Administrative Staff to render expert advice to the Military Commander. Even as far as numbers were concerned it was constructed in accordance with the system of a supervisory administration, i.e. its main task consisted of checking up on the administration of the occupied country only in so as far as German interests were concerned. For instance there was a civil servant for the Minister of Justice, a civil servant for the Minister of Culture etc. Thus all Ministries in so as far as they belonged within the competence of Administration had one civil servant each at their disposal. Another voice in Military Administration was the Plenipotentiary General for Economics, Consul General and NSFK (National Socialist Flying Corps) - Gruppenfuehrer Neuhausen. However he was subordinate to the Military Commander only formally i.e., in military matters. Directives respecting his specific assignments he received from Goering in the latter's capacity as head of the Four Year Plan. ....... .............................. Subordinated to the Military Commander as genuine outfits (Organe) were four Administrative Sub-area Headquarters: Belgrade; Smederevo; Pancevo and Vrnjacka Banja; Uzice later Sabac and Nish. They were set up by the OKH (Generalquartiermeister) outside of the country as self-sufficient structures.
The Feldkommandant (Commander of Sub-area Administrative Headquarters) was the actual representative of the Military Commander for his area. The organization and structure of his office corresponded essentially to that of the Military Commander, however on a much smaller scale. The So called Major with the Staff corresponded to the Ia with the Chief of the General Staff. The Ic corresponded to the Ic. There was a Law Officer and all other duties were concentrated in the hand of some officers. The so-called Administrative Group consisting of at most 3 to 4 officials corresponded to the Administrative Staff. The Administrative Group in due course was joined by 3 or 4 Economics Officers. As far as I can recall they worked in fields of agriculture and food which were included formally in the Administrative Group. The Feldkommandant was the jurisdictional authority for his area and simultaneously Garrison Commander, i.e. he was responsible for the preservation of public peace and order as well as for the discipline of his own troops. The General Staff Administrative Staff of the Military Commander could issue orders and/or directives to the Administrative Sub-area Headquarters where their affairs were concerned. In such a case both Chiefs signed: For the Military Commander in Serbia the Chief of the General Staff and/or the Administrative Staff. It was quite customary in current matters that the Chief himself let alone the Military Commander did not sign. Instead the corresponding Branch Chief and/or Group Chief of both Staffs - signed "i.A." by order, i.e. by order. The issuance of orders by the Economics Staff was very difficult. Neuhausen, who wanted to maintain his independence, channelled his orders through the Administrative Sub-area Headquarters by way of the Military Commander at the latter's request. I do not know the detailed channels since we were excluded from it. However since both the Military Commander as well as we ourselves disagreed with Neuhausen's system in essential points and Neuhausen on the other hand was supported by Goering's authority, the grotesque situation frequently developed wherein the Sub-area Administrative and District Headquarters - hence the authorities of the Military Commander - were obliged to carry out orders with which the Military Commander himself was in complete disagreement.
.........................
In the beginning of July 1941 the Chief of the Uniformed Police Berlin sent Police Battalion 64 with Major Josten as Commander to Belgrade as a police unit complete within itself. It was tactically subordinated to the Military Commander. Notwithstanding Thurner's objections General von Schroeder subordinated the Police Battalion to the General Staff.
MR. DENNEY: Here, if Your Honors please, you see this uniformed police battalion coming down and being subordinated to the General Staff. "The 3 Companies were transferred to Belgrade, Uzice and Valjevo. The Company in Belgrade was employed for guard duty but the General Staff also misused it for reprisal measures contrary to its real duties. (Operation Skela) and for special purpose employment of the Einsatzgruppe Security Police and for blocking off roads and also for reprisal measures."
The Commanding Officer as well as other officers of the Battalion protested against the last named employment so that Thurner finally succeeded in Berlin in having some influence on the Battalion beginning 1 October 1941. From this moment on all activity of the Battalion pertaining to reprisal measures ceased. Now, aside from the remaining armament tasks ordered partially by the Military Commander himself, its main duty consisted of training Volksdeutsche in the Banat for the tasks of Uniformed Police which was to be followed by the training of Serbs and Hungarians. Before the first course had been finished the office of the Senior SS and Police Leader had been installed, whereupon the Battalion came under the command of the Commander of the Uniformed Police General Nay who was with this office. I can make no further statements regarding its employment.
In my opinion the Staff of the Wehrmacht Commander Southeast knew of the subordination and employment of the Police Battalion. I base this belief on the following reasons:
DR. LATERNSER: Mr. President, I can feel that it is certain that a witness, where he can only testify in writing, cannot do more than he would be allowed to do if he were present here as a witness. It is recognized that a witness has to testify to facts. To testify as to opinions is no permitted for him. For the Tribunal has to form its own opinions, and when the defense objects, the Tribunal may also not receive opinions of a witness. This paragraph which starts -- that is, in the English version, "In my opinion etc," does not contain facts, but an opinion as is shown later. The witness, later on, gives a justification. That is something that is not permitted to a witness; and I therefore, move that the reading of this paragraph may not be admitted, and, inasmuch as it has already been read, this testify should be stricken from the record, which I move herewith.