The Tribunals in Nurnberg have up to now in similar cases given the prosecution the right to cross-examine such persons whose statements have been put before the Tribunal.
THE PRESIDENT: I thought you just stated that the right had been given to the prosecution. Did you not mean to say the defense?
DR. LATERNSER: The defense had been given the right to cross-examine witnesses in important cases whose statements had primarily been submitted in writing by the prosecution.
MR. FENSTERMACHER: If Your Honor, please, I have been informed by the Yugoslav delegate to the Office of the Chief of Counsel for War Crimes that George Kiessel has already been executed as a war criminal in Yugoslavia.
DR. LATERNSER: Your Honor, can this be proved by the Prosecution? For I would have to insist that this assertion be proved in such an important case?
MR. FENSTERMACHER: Your Honor, I think we can get a statement from the Yugoslav delegate to that effect for the defense.
THE PRESIDENT: Pending the receipt of this information the Tribunal will reserve ruling on this matter and the application made.
MR. FENSTERMACHER: If Your Honors, please, with the presentation of the documents in Document Book 10 we take up the period from January 1943 until August 1943. This is the second half of the period which the Prosecution calls the period of Foertsch and Geitner.
Your Honors will recall that as of January 1, 1943, the 12th Army goes put of existance and in its place we have the Army Group E as the Supreme Command authority in the Southeast Area.
The cast of characters with which we are concerned in this period from January 1943 until August 1943 is for the most part, the same as during the earlier portion of the period from August 1942 until January 1943. General Loehr is Commander -in-Chief of the Army Group E, and his Chief of Staff is the defendant Foertsch.
JUDGE BURKE: From what document are you reading?
MR. FENSTERMACHER: Your Honor, I am just interpolating very briefly before passing on to the documents.
Generals Loehr and Foertsch are in the Supreme Headquarters of Army Group E. In Serbia General Bader is commanding General and his Chief of Staff is as before, the defendant, Geitner. In Croatia, Generals Lueders is in charge of the German troops, and Horstenau is the liaison between the German Army and the Croatian Government, and finally in Greece, as Commander of Southern Greece we have the defendant Speidel.
Turning to the first document, page 1 of the English and page 1 of the German, NOKW-1132, which is offered as Prosecution Exhibit 243. This is an order of the Commanding General in Serbia, dated 16 January 1943, to the 704th Infantry Division. Its subject is "Daily Reports."
1) "The High Command of Army Group E demands that the daily reports be more precise than hitherto so that a more detailed report can be furnished to the OKW.
6) Especially important is the immediate notification of reprisal measures and counter-measures taken or planned in case these should result from the subject of the report according to the orders given. Also a report, that for instance counter-measures are not possible or not planned at the moment, by mentioning the reasons in code language if occasion arises, is indicated and necessary.
7) When arrests are made, the reason is to be given, Communists activities or suspected of having participated in a reported sabotage attempt. Here however I expressly refer to the Fuehrer decrees which deal with the combatting of bands and the treatment of Sabotage-groups."
If Your Honors, please, we believe that the reference treatment of the Sabotage groups is a reference to the Commander order of October 18, 1942.
"When, according to this order, the necessity of shooting arises one is, for instance, to add to the report: "Were Shot." In case by way of exception a shooting is not planned, the report is to read: "'Will not be shot at the moment, is useful for own reconnaissance reasons.".........
"The Fuehrer has banned the term "Partisans." It is however still used frequently. In the Southeastern area it is to be replaced by the word 'Communists' or 'Communist bands.'" The order is signed by the Commanding General and Commander in Serbia, the Chief of the General Staff and Your Honors will note on the original the initials of the defendant Geitner.
Next on page 3 of the English and page 3 of the German document book, document NOKW 1634, which is offered as Prosecution Exhibit No. 244, This is an order of the Commanding General in Serbia, dated 3 January 1942, which relates to the offensive against Partisan Groups in Croatia and various insignia worn by the partisans.
THE FIGHT AGAINST INSURGENTS IN CROATIA.
The Insurgents in the eastern part of Croatia have withdrawn to their Winter quarters (see the enclosed sketch). From these places they harass the Croatian Troops and continuously commit acts of sabotage. They advance more and more towards important arteries of traffic and towards the economically important works. For details see enclosure 1.
In order to stop these enemy activities the 342 Infantry Division and the 718 Infantry Division will attack the enemy on 15 January 1942 in the southeastern part of Croatia and will destroy him. The German troops shall be supported by Croatian troops. In order to make the 718 Division available for the duration of the operation, Croatian troops will take over the securities tasks which were fulfilled by the division up to now.
All German and Croatian troops employed in the mentioned operation are subordinated to the Commander of the 342. Infantry Division Brigadier General Hoffman as of 12 January 1942.
Then the various divisions which will be concerned in the operation are listed, and the document is signed "Bader, General of Artillery," and again the distribution list is given on the document.
At the bottom of page 4 of the English and page 4 of the German is the enclosure which was referred to in the body of the Order.
"Insurgents Groups in the Frontier Area Croatia," and then follows, the list of the Partisan units, political affiliation and strength and their intended activities, which we believe shows the precise knowledge the Germans had of Partisan affiliation along military lines, the size leadership and the various insignia which they wore.
I should like to read from the bottom of page 6 of the English and page 6 of the German:
"Romanija Mountains east of Sarajevo Strength : 3000 Armament:
2 Mountain Guns.
Commander: Cica (Nickname for Jew Weinert, engineer from Sarajevo) Tito, Commander in the General Staff of the Juvoslav Peoples Party of Liberation before the destruction of the units in West-Serbia end of November 1941.
Political Affiliation: Communists (numerous Moslems) Activities:
Continuous serious unrest in the area northeast of Pale, threatening of Pale and disturbance of communication from Sarajevo to Mokro and Pale.
8. Southeast of Sarajevo.
Strength: 250 Armament:
2 Mountain Guns.
Commander: None listed.
Political Affiliation: Presumably Cetniks.
Activities: Repeated attacks, in part successful, on water works Bistrica southeast of Sarajevo.
9. West of Visegrad Strength:
2500 Armament:
and Commander: Not listed Political Affiliation:
Communists, probably from Serbia.
Activities: Threatening of Visegrad from the south, beaten by Italians on the 30 December, subsequently crossing of the Drina in the area west of Visegrad.
Then on page 8 of the English and Page 8 of the German, are sketches of the Cap Insignia for the Croatian Wehrmacht, and Cap and collar insignia of the Croatian Ustascha Units. And reading again:
"The Croatian Wehrmacht and Croatian Units do not wear either Fur Caps or Cartridge belts (crossed over breast and back.)" This, the Prosecution believes, is a reference in a negative way to the manner in which the enemy was dressed.
If Your Honors will look on the original document you will note the map which shows the enemy situation and the various groups of the Partisans and where they are located. This we believe will show the precise knowledge which the Germans had of when and where the the various insurgent groups were located.
Turning next to page 9 of the English and page 9 of the German, NOKW-919, which is offered as Prosecution Exhibit 245 - these are two reports from the Commanding General in Serbia, General Bader, whose Chief of Staff was the defendant Geitner. The report is sent to the Wehrmacht Commander Southeast, who at this time, in January 1943, was General Loehr, and his Chief of Staff was the defendant Foertsch.
The first report is dated 1 January 1943 and, in addition to being sent to the Wehrmacht Commander Southeast, it was sent for information to the German Plenipotentiary in Zagreb, which was Gleise-Horstnau at this time, as well as for information to the Commander for the German Armed Forces in Croatia, General Lueters. The date of the report is January 1, 1943. Under "704th Infantry Division":
"During pursuit operation northeast of Petrovac sixteen Draja Mihajlovic suspects arrested. Arms and ammunition secured; farms in which these were found were burned down."
Then, under the "SS Division Prinz Eugen", of which we will hear much in the course of this trial:
"South of Pozega, of twelve suspects arrested eleven were shot while attempting to escape."
The report is signed "Commanding General and Commander in Serbia".
Then the next report is the Daily Report for 5 January 1943 which is on page 10 of the English, page 10 of the German:
"Belgrade city headquarters: Two arrests; ten Communist reprisal prisoners shot because of surprise attack on the community and railway station south of Mladenovac (see Daily Report for 25 December)."
And again this report, as the previous one, is signed: "Commanding General and Commander in Serbia" by his operations officer, the "Ia".
Turning now to page 11 of the English and page 11 of the German, Document NOKW-973, which becomes Prosecution Exhibit 246 - this is an order dated 5 January 1943 from the Commanding General and Commander in Serbia to Administrative Sub-Area Headquarters 809. The subject is "Reprisal Measures":
"The Deputy Commanding General, Major General Juppe, has approved the application of District Headquarters Leskovac of 89 December 1942 to shoot to death 35 hostages.
"Thus it is ordered:
"Of the hostages detained in the area of Administrative SubArea Headquarters 809, 35 hostages (D.M. followers or convicted Communists) are to be shot to death as far as possible in the villages in which the crimes have occurred.
"Ten hostages in D. Lokosnica for the murder of the village elder on 11 Dec 42.
"Ten hostages in Orasje for the murder of a Serbian border official on 13 Dec 42.
"Five hostages in Dzigolj for wounding the District Civil Servant on 20 Dec 42.
"Ten hostages in Balcak for the murder of the village elder on 21 Dec 42.
"Everything else is to be arranged directly with the SD Branch Office in Nish.
"The Senior SS and Police Leader is asked at the request of Administrative Sub-Area Headquarters 809 to set up the execution commandos from the police of the Serbian State Guard."
The order is signed: "For the Commanding General and Commander in Serbia, Chief of the General Staff," the defendant "von Geitner".
Your Honors will note the signature of the defendant Geitner on page 3 of the photostatic copy.
If Your Honors please, on page 11 of the English and also on page 11 of the German, I read that this order was dated 5 January 1943. The date appears on the English document book but does not appear on the German document book, so the defense counsel may correct their copies.
Continuing now on page 12 of the English and page 12 of the German, there is an order dated 6 January 1943 from the Commanding General and Commander in Serbia to the Administrative Sub-Area Headquarters 809.
Again the subject is "Reprisal Measures." The Deputy Commanding General, Major General Juppe, has ordered:
"In reprisal for the sabotage plot on the main railroad line Belgrade-Nish on 3 January 1943 near Luzane the six arrested guilty civilian guards are to be shot to death. Administrative Sub-Area Headquarters will attend to publication. Ten copies of the proclamation are to be sent to the Commanding General and Commander in Serbia. Report of completion of mission is to be submitted."
Again the order is signed: "For the Commanding General and Commander in Serbia, Chief of the General Staff," the defendant "von Geitner".
On page 13 of the English and page 12 of the German is a public proclamation. I think here again Your Honors might look at the original photostatic copy. You will note that on one side of the proclamation the language is written in the Jugoslav language and on the other side in the German language. I would like the Tribunal to see how Document NOKW-973--
JUDGE BURKE: You refer to page 13?
MR. FENSTERMACHER: That is on page 13 of the English and 12 of the German and I should like the Tribunal to note the original photostatic copy of the proclamation which is referred to on the page I am about to read. It's on page 8 of the photostatic copy, Your Honors. The proclamation reads as follows:
"On 9 January 1943, by order of the Commanding General and Commander in Serbia, the following six persons were shot to death in reprisal for the sabotage on the railroad line Belgrade-Nish on 5 January 1943 near Luzane: Elizabeth Andrejevic, Nish; Ivan Rakic, Mramor; Mihailo Ignjatevic, Nish; Draginja Ignjatovic, Nish; Ratornir Ignjatovic, Nish; Uros Dinic, Nish."
The proclamation is dated "Nish, 9 January 1943", signed "The Commander" by "Muller, Major".
Turning now to page 15 of the English and page 13 of the German document book, Document NOKW-1090, which is offered as Prosecution Exhibit 247, these are various excerpts from the War Diary of the Commanding General and Commander in Serbia for the month of January 1943.
Reading the extracts from page 16 of the English and page 13 of the German, the entry for 10 January 1943, Enclosure 28 to the War Diary:
"Notification of the shooting of 33 persons as reprisal measures for the murder of 3 Bulgarian soldiers near Dunis."
And the entry for the 18th of January 1943, Enclosure 60:
"Notification of the shooting of 30 persons as reprisal measures for the murder of the Serbian mayor of Gornja Lokosnica, of the mayor or Palcak, and of a Serbian rural police guard in Orasje."
Finally, the entry for 19 January 1943:
"Written agreement with the proposal of the Serbian Ministry of the Interior in connection with the shooting of 10 persons each for the murder of the community leader in Kramari and Vlaska. Report of execution has been ordered."
Next on page 17 of the English, page 14 of the German, Document NOKW-915, which becomes Prosecution Exhibit 248 - these are 8 series of orders by the Commanding General and Commander in Serbia to his various subordinate administration sub-area headquarters, the first dated 12 January 1943 and is to the Sub-Area Headquarters 809, subject: "Murder of Mayor of Turekovac":
"The application is approved.
"In reprisal for the murder of the mayor of Turekovac on 6 January 43, five DM followers and five Communists are to be executed by shooting. Administrative Sub-Area Headquarters 809 is to announce the execution in the Leskovac area. The execution is to be published in the garrisons of the headquarters Nish and Zajecar. Completion of mission is to be reported. Ten copies of the publication are to be submitted."
The order is signed "Bader, Commanding General and Commander in Serbia".
If Your Honors please, we have identified the initial which is listed on page 17 of the English and page 14 of the German as being illegible.
We now believe that it is the initial of the defendant Geitner.
Page 18 of the English and page 14 of the German is an order of Bader dated 12 January 1943 to Administration Sub-Area Headquarters 809, subject: "Murder of Mayor of Koprivnica near Zajecar".
"The application is approved.
"For the mayor of Koprivnica murdered on 6 January 1943 ten hostages (5 each of the D.M. and 5 each of the Communist movement) are to be shot to death. The execution is to be published by name of the Administrative Sub-Area Headquarters 809 in the District of Zahecar and in the garrisons of the headquarters Nisch and Leskova. Completion of mission is to be reported. Ten copies of the publication are to be submitted."
Again signed "Bader", and again the "illegible initial" which we believe to be the initial of the defendant Geitner, the Chief of Staff to General Bader.
Turning next to page 19 of the English and page 15 of the German, another order of Bader, this time dated 13 January 1943, to Administrative Sub-Area Headquarters 809:
"For the murder of the mayor of Plavci, ten hostages (5 DM followers and 5 Communists) are to be shot to death." And there follows the same language we have seen in the two previous orders. The last paragraph is different: "Female persons are not to be shot to death either as retaliation prisoners or as hostages."
Signed: "Commanding General and Commander in Serbia, Bader."
Next, on page 20 of the English and page 15 of the German another order of Bader dated 14 January 1943 to the same subordinate Administrative Sub-Area Headquarters 809, "Reference: Your teletype 31/43 secret of 13 January":
"The application is approved.
"The two guards who neglected their duty and three arrested hostages (from the circle of the insurgents) are to be shot to death."
Again the order is signed: "Commanding General and Commander in Serbia, Bader."
Finally on 21 of the English, 16 of the German, is the Bader order, dated 19 January, 1943, this time to administrative Sub-Area Headquarters 610, Your Honors will note also that informational copies of these orders were sent to the first Roval Bulgarian Occupation Corps:
"Reference: Report concerning blasting of bridge near Dunis during the night from 8 to 9 January 1943.
Subject: Reprisal measures.
In reprisal measures for the balsing of the bridge District Headquarters Krusevac is to execute by shooting 10 persons ( 5 D.M. followers, 5 Communists.) Administrative Sub-Area Headquarters is to publish the executions in the district of Krusevac. Report of completion of mission and submission of 10 copies of the publication is requested.
Female persons are not to be shot to death either as retaliation prisoners or as hostages.
The persons arrested who are innocent are to be released.
(Signed B A D E R").
And again the illegible initials, we believe to be that of the defendant Geitner.
Turning next to page 23 of the English, 17 of the German, Document NOKW 1130, Prosecution Exhibit 249, this is an order of the 7 SS Prinz Eugen Division, dated 18 January 1943, Division order:
"The 13th enemy brigade hitherto located in the Uskoken mountains is supposed to have retired into the Bosiljevo area."
I now direct your attention to the term which the Germans are applying to the various units of the enemy. They refer to, "The 13th Enemy Brigade".
9) "When combing through the area to be covered , all male population capable of bearing arms is to be seized without consideration; bearers of arms are to be shot immediately. The other captives are to be brought to the collecting point in Karlovac, which is under the command of SS-Hauptfuehrer Greindl.
Until its liaison with fighting group, West fighting group East will be in charge of deporting the captives to Glina; at which point the captives will be taken over by the Corps."
The distribution of the order is given, and it is signed "The Division Commander".
On page 24 of the English, and 17 of the German, is the Division Commander's Signature, "SS-Gruppenfuehrer Major General of the Waffen-SS"?
Turning next to page 25 of the English, and page 18 of the German document NOKW 899, which becomes Prosecution Exhibit 250, these are letters written by the Commanding General and Commander in Serbia to the Prime Minister of Serbia, "Neditsch".
Turning first to the top of page 26 of the English, and page 19 of the German, in order to give the correspondence its correct chronological order, we have the letter dated 25 December 1942 to the Prime Minister Neditsch:
"The Commanding General has agreed, that in the future, the reprisal measures for attacks by insurgents against persons who are to be considered members of the Serbian government and in which such persons were either wounded or killed, shall be carried out and made known in public by the Serbian government itself.
However, we wish to point out, that the incriminating effect of these reprisals is only reached when the persons designated to be killed are persons with the same political beliefs as the perpetrators. Therefore, it is important to find out in every case whether the perpetrators were Communists or followers of Draza Mihajlovic. In case the government is not able to use Draza Mihajlovic followers for reprisal measures, this will be done by the Germans.
Until further notice is given, the intended orders concerning individual measures of reprisal are to be made known to us; also listing the names of the persons to be killed as reprisal, their age, residence and political group, the act for which the reprisal was taken as well as the place where the execution will be carried out."
The letter is signed, "For the Commanding General and Commander in Serbia, the Chief of the General Staff", by the defendant von Geitner.
Then continuing on the bottom of the page 26 of the English, page 20 of the German, is a letter dated the 22nd of January, 1943, from the Commanding General and Commander in Serbia.
Now, on page 27 of the English, page 20 of the German:
"Enclosed we send a letter to the Prime Minister Nedic for his information.
It is desired that the Serb government itself attended to reprisal measures for the murder of its mayors. Up to now this was not carried out in any single case.
When mayors are murdered to report and the reprisal intended is to be submitted as before. The Commanding General and Commander in Serbia will give orders, depending on the situation, either to the Serbian government or to the German administrative sub-area headquarters, concerning the reprisals to be carried cut. If the reprisal measures are carried out by the Serbian Chiefs of districts, the necessary support is to be given to them in case they ask for it. The carrying out of the operation must always be supervised."
The letter is signed, "For the Commanding general and Commander in Serbia, for the Chief of the General Staff, "illegible signature but there is an initial on the original document which be believe to be that of the defendant Geitner.
Turning now to page 25 of the English, page 18 of the German another letter dated the 22 of January, 1943, from the Commanding General and Commander in Serbia, to the Prime Minister Nedic, Subject Reprisal measures.
If your Honors please this is the enclosure which was referred to on page 27 of the English, page 20 of the German:
"I agree to the petition for shooting to death 10 insurgents as reprisal for the murder of the head of the community of Samaila on 26 December 42.
I ask you to tell the head of the district to get in touch with the administrative district headquarters Kraljevo and to decide about the details. Please have the publication done by your administrative offices and inform us when this has been completed."
The letter is signed, "Bader, General of the Artillery", The initials we have indicated on the English, and I believe on the German document books as being an "H" is instead, the initial "G", which is the initial of the defendant Geitner.
Turning now to page 28 of the English, page 22 of the German, Document NOKW 1099, which becomes prosecution Exhibit 251--
Dr. von JAKWITZ: (for defendant von Geitner: May I ask to stop for a moment before reading the new document, since I would like to compare the photostat with the defendant von Geitner.......
......document shown to defendant von Geitner ....
MR. FENSTERMACHER: Continuing now on page 28 of the English page 22 of the German, we turn with this document, and the next 5 or 6 that follow, to the picture in Croatia during the month of January 1943.
Your Honors will recall that General Lueters is in charge of the German troops in Croatia, General Glaise-Horstenau is the liaison between the German troops and the Croatian Government, and at the same time at higher headquarters, to whom General Lueters reported and was responsible, is General Loehr as Commander in Chief, Army Group E, and the defendant Foertsch, as his Chief of Staff.
On page 28 of the English and 22 of the German, we have an order dated 7 January 1943, from the Commander of the German Forces in Croatia, to this subordinate units. In the top right hand corner of the document is the receipt stamp for the 718th Infantry Division, dated 10 January 1943. The subject of the order is:
The development of the situation in Croatia again necessitates a clarification of the chain of command, together with a summary of the previous directives.
The areas of the 714th and 718th Divisions are operation areas.
Boundaries: German - Italian Demarcation Line. Drina-Save, line Sisak-Bihac (Up to Demarcation line). Separation line between 714th and 718th Divisions as before. Holders of executive power within their area are Major General Fortner and Brigadier General Reichert. The Commander of the German Forces in Croatia reserves to himself the right to issue directives. All armed Croatian units situated in the area designated in par. 1 are subordinated to the Divisions. If possible, some responsibility of their own is to remain with the Croatian headquarters. A breaking up of the croatian units just formed is unwelcome.
The refitting and reorganization, and if necessary the purging of the Croatian Armed Forces is to be carried out vigorously. Ustascha units, as far as has not already been done yet, are to be incorporated into the Croatian Reserve and are to be formed into units not below battalion strength.
Rigorous measures are to be taken against the population.
In unreliable areas the male population from 15 - 50 years is to be lodged in assembly camps. Deportation to Germany is intended."
Partisans and partisan suspects as well as civilians in whose homes arms and ammunition are found, are to be shot immediately" Your Honors will note the next word, in your Honors document book, which is "resp" should be changed to "read" "and/or", and this will be the case throughout the English document books when the abbreviation for the word, "respectively" is used.
It should always be changed to read. "and/or", Partisans and partisan suspects as well as civilians in whose homes arms and ammunition are formed are to be shot immediately and/or are to be handged; their homes are to be burned down."
"Town Headquarters (German, or Croatian in purely Croatian garrisons) are authorized to decide the hour of curfew for the entire population.
In cases of offenses against German regulations, fire arms are to be used ruthlessly and extensively.
Personages of the Croatian State, whose cooperation is not sufficient, are to be arrested for sabotage.
A general notification in the sense of these directives is being forwarded to the divisions. Further directives will be issued by the holders of executive power according to par, 1 The Plenipotentiary German General in Croatia is requested to notify all Croatian Headquarters of this order."
The order is signed, "Lueters," the Commander of the German Forces in Croatia.
MR. FENSTERMACHER: Turning next to Page 30 of the English and Page 24 of the German, Document No. NOKW-1422, which becomes Prosecution Exhibit No. 252. This again is an order of General Lueters as Commander of German Troops in Croatia, dated 7th of January. Your Honor's Document Book should read 7 January 1943, instead of 7 January 1946. Your Honors will note that the code numbers for this order "Ia No. 21/43" are the same as it is for the previous order, which was also dated 7 January 1943. The document which we are about to read we believe to be the order of General Lueters as it was finally sent out. We only need to read Paragraph 4 of this order.
"Severe measures are to be taken against the population.
a) In unreliable areas, the male population from 16 to 60 years of age is to be detained in collection camps. Transfer to Germany is intended.
b) Partisans and partisan suspects as well as civilians, in whose homes, arms and ammunition are found, are to be shot to death or hanged on the spot without formal procedure.
(page 2 of original)
c) Local Headquarters (German or, in exclusively Croatian Garrisons Croatian) are authorized to set curfew for the entire population.
d) In cases of violations of the German regulations, arms are to be employed ruthlessly and extensively.
e) Members of the Croatian State who co-operate insufficiently are to be arrested for sabotage."
MR. FENSTERMACHER: The order is signed "Lueters", and on Page 31 of the English and Page 24 of the German is the distribution list for the order. Your Honors will note that the Commander-in-Chief Southeast (High Command Army Group E) received the eighth copy of this order. Continuing on Page 31 of the English and Page 25 of the German is another order of General Lueters, this time dated 20 June 1943, and it relates to a "Combat and Experience Report Concerning Operation 'Schwarz'". On Page 32 of the English and Page 26 of the German is a detailed tabulation report on the operation to which General Lueters refers.
I think we need not read it in its entirety -- just point out the heading, "Losses and Booty Report Operation 'Schwarz'", the various units subordinated to General Lueters, which took part in the operation, and the German losses as compared with those of the enemy.
DR. FROESE: My name is Dr. Froese, substitute for Dr. Tipp, Defense Counsel for Defendant von Leyser. The Prosecution read just now on Page 24 of the German Document Book, Document No. NOKW-4022. This Document consists of three pages. The first page is a communication from Lueters, the second page of the original, and the last page of the document contains an enclosure to the communication. I would like to point out that on page 2 of the index, where it reads later that also General von Leyser was involved in this, and that the directives of the Commander of the 15th Mountain Corps (Leyser) achieved these aims ruthlessly. As far as the Prosecution intends to incriminate the Defendant von Leyser by this document, I protest against the presentation of this document since General von Leyser was, at this time, not at all active in the Southeast area, and he was later successor of General Lueters, but only for the 15th Mountain Corps, not for the whole authority of power of General Lueters.
MR. FENSTERMACHER: If Your Honors please, we are not offering, at this time, anything against the Defendant von Leyser. There is nothing in the English Document Book, in this document, which relates to General von Leyser, and if there is anything in the German Document Book relating to General von Leyser, it should be disregarded at this time.
THE PRESIDENT: If the Counsel feels that the matter in any way affects General Leyser, it seems to me that is a matter which should receive attention regarding the presentation of the evidence on behalf of the Defendant.
DR. FROESE: Your Honor, I just wanted to point out that there is an error in the index of the document which has just been read.
MR. FENSTERMACHER: If Your Honors will turn to Page 2 of the English Document Book, the top of the page, the description of the Document No. NOKW **22 -- I ask Your Honors to strike out the lines in the index beginning, "Found in files of XVth Mountain Corps (See NOKW971 and 1099); Directive of Commander XVth Mountain Corps (Leyser) to achieve aims through severity and brutal ruthlessness." It relates to nothing which we are offering against the Defendant Leyser at this time.
THE PRESIDENT: Does that satisfy Counsel?
DR. FROESE: Thank you, that suits me.
MR. FENSTERMACHER: Turning now to Page 34 of the English, Page 27 of the German, is Document No. NOKW-971, which is offered as Prosecution Exhibit No. 253. This again is an order of the Commander of German Troops in Croatia, General Lueters, dated 7 January 1943. This document is the same as the two proceeding documents which we have just introduced. This document however, shows the receipt stamp of the 717th Infantry Division, dated 9 January 1943. The text is the same, and I think we need not read it again. Next on Page 36 of the English and Page 30 of the German Document Book, Document No. NOKW957, which becomes Prosecution Exhibit No. 254. This is a situation report from General Lueters in Croatia to the Commander-in-Chief Southeast, who was simultaneous to High Command Army Group E, at this time General Loehr whose Chief of Staff was the Defendant Foertsch. General Lueter's report is dated 10 January 1943 and is a situation report for the period from 27 December 1942 to 6 January 1943. "As enclosure we submit the Situation Report of the period from 27 Dec. 42 to 6 Jan. 43." And the communication is signed "For the Commander of the German Troops in Croatia, The Chief of Staff."