The shootings to death carried out pursuant to the two orders mentioned above are to be included in each case in the daily report stating name and rank of people shot to death."
Signed 2nd Panzer Army Ia, and on page 71 of the English, and page 55 of the German is an order of the XV Mountain Corps dated 23 of September 1943 to the subordinate units 114th Division and SS Division.
"The orders of Army Corps Headquarters XVth Mountain Army Ia, No. 775/43 top secret 14 September 1943 and Ia No. 4816/43 secret to be followed ruthlessly. Name and rank of people shot to death by summary court martial to be included each time in Daily Report."
Next on page 72 of the English, page 56 of the German is an order from the XV Mountain Army Corps dated Command Post 26 September 1943, to: the subordinate 369th Division and 373rd Divisions:
"Subject: OKW has ordered: treatment of Italian Troop units turning over arms to insurgents and/or negotiating with insurgents. By order of the Fuehrer, the following procedure is to be applied with respect to any Italian Troop Units after they have been captured which have permitted their arms to fall into the hands of insurgents or who have cooperated with insurgents in any way at all."
Then I think your Honors are familiar with the text of this order which we have seen on several occasions earlier and I think it need not be read at this time.
Continuing now on page 74 of the English, page 58 of the German, your Honors will note that this is a report from the SS Division as sender of the communication to its next higher headquarters, the XV Mountain Army Corps. The report transmitted on the 27th of September:
"Split 3 Generals, 300 officers and about 9000 non-commissioned officers and men (non-combatants) arrested. Is treatment of Italians according to last order.?"
The inquiry is signed by Ia operation officer, page 75 of the English, page 59 of the German, is the reply of the next day which the Corps sent to the inquiring division, teletype to SS Division transmitted 28th of September, for information 2nd Panzer Army:
"Proceed with 300 Italian Officers and 9,000 men captured in Split according to Corps Headquarters Ia 772/43 top secret," and the reference to the order of the 2nd Panzer Army with the code numbers 131/43.
Which Prosecution submits is reference to Rendulic order of the 13th of September which we have earlier noticed on page 62 of the English and page 45 of the German, part of this same exhibit.
Court No. V, Case No. VII.
Continuing now with the answer of the 15th Army Corps to the inquiry of the Subordinate SS Division on page 75 of the English and page 59 of the German.
"(Officers to be shot to death by summary court martial, non-commissioned officers and men to be deported East for compulsory labor employment). Prisoners are to be turned over separately for transport."
And the message is signed: "15th Army Corps."
Continuing on page 76 of the English and page 60 of the German is a message transmitted from the SS Division on the 29th of September, received the same day, 29th of September. The message directed to the Corps Headquarters of the 15th Corps:
"Secret. Italian General Cigala Fulgoui convicted again of being main culprit in delivering weapons to partisans and sentenced to death. Inquiry whether shooting to death is to be carried out here. Answer urgently. Simultaneously, directive for other accomplices."
And the message is signed by the Commander of the 7th SS (Prinz Eugen) Division, von Oberkamp.
Page 77 of the English and 51 of the German is a reply from the 15th Army Corps to the inquiry of von Oberkamp. To the SS Division:
"For information: 2nd Panzer Army.
"Comment by Army regarding shooting to death:
"Main culprits and accomplices are to be shot to death. Accomplices generally are: Older commanders and General Staff Officers. In case of doubt, there is no objection to a suspension of sentence. Evacuate innocent ones. Sentence to be carried out there."
The message is signed by the Corps Headquarters of the 15th Mountain Army Corps.
If your Honors Please, the prosecution submits that the words, "Comment by Army Regarding Shooting to Death," refers to an inquiry on the part of the 15th Mountain Army Corps to the Higher Headquarters, the 2nd Panzer Army, commanded by the defendant Rendulic.
PRESIDING JUDGE BURKE: Mr. Fenstermacher, we will pause here and take our recess until eleven-fifteen.
(A recess was taken).
Persons in the Courtroom will please find their seats.
Military Tribunal V is now in session.
PRESIDING JUDGE BURKE: You may proceed, Mr. Fenstermacher.
MR. FENSTERMACHER: Before continuing with the present exhibit, which is 327, we should like your Honors to make one correction in your document book, which is on page 70 of the English, and page 54 of the German, as part of this very same exhibit. Dr. Laternser called my attention during the recess to the fact that there were four words left out of the English translation, in the English document book. This is on page 30 of the English, and it is the 4th line from the bottom of the page, the sentence beginning, "Death carried out", The words, "After summary court martial" should be inserted at that point.
PRESIDING JUDGE BURKE: What is the page number again?
MR. FENSTERMACHER: Page 70 in the English.
DR. FRITSCH, (for the defendant Rendulic): Your Honor, before we leave Exhibit No. 327, I would like to refer back to a short argument which Mr. Fenstermacher mentioned before with regard to the so-called Rendulic, because to this point one of the Judges made a special comment, because he probably thought it was important.
Mr. Fenstermacher said that the Rendulic order was issued before the Keitel order. This means on the own initiative, - of the defendant General-Oberst Rendulic, I must only point out that this argument is not correct.
On page 1 of document 910 -
MR. FENSTERMACHER: If your Honors please, I believe that this is a matter which can best be cleared up when the defense puts its case in chief.
DR. FRITSCH: Your Honors, I also think that this is an important question, but since Mr. Fenstermacher mentioned this point before when he presented the document, I would only like to draw attention to the teletype, the radiogram Exhibit 327 -- I would like to point out to this, from which it can be seen that already on the 11th of the month, 1943, that is before the Rendulic order, - the chief contents of the Keitel order was transmitted.
PRESIDING JUDGE BURKE: Consideration will be given to the remarks of counsel, and if the facts bear out the indication of the document, it will be considered by the Tribunal.
MR. FENSTERMACHER: Continuing now, 78 of the English page, 62 of the German, part of this same Exhibit 327, to its subordinate units, the 114th Jaeger Division, and 369th and 373rd Infantry Divisions. The subject is, "Organization of Prisoners Construction Battalions": "Lack of construction troops compels extensive employment of prisoners of war for road construction, bridge building and similar purposes.
As soon as feasible, the Division will organize from the incoming Italian Prisoners a construction detachment up to 1800 men strong. Engineers suitable for the work mentioned above and Artisans/ are to be selected from the prisoners.
RESIDING JUDGE BURKE: Pardon me, Mr. Fenstermacher on which page is this?
MR. FENSTERMACHER: On page 78, Your Honor. Continuing now. "Possibly those prisoner detachments will later be exchanged for German Construction Troops. The prisoner construction detachments are to be equipped by the Division in such a manner as to be able to be committed at any time (Field Kitchens, most necessary supply vehicles, tent planes, blankets, etc.) Labor equipment (apades, etc.) can be requisitioned from Corps Headquarters.
Orders will be issued in due time concerning the German Guard Personnel.
The Organization of the prisoner construction detachment is to be reported to Corps Headquarters."
The order assigned "Pfaffmatt" For Corps Headquarters, The Chief General Staff.
Continuing now with the same exhibit on page 80 of the English, page 63 of the German, it is a message sent by the SS Division to Corps Headquarters of the 15th Mountain Army, message transmitted on the 1st of October 1943:
"Proceedings against Italian Officers, concluded.
On 1 Oct. an additional 45 Italian Officers of Division Bergamo were shot to death. Sentenced to death in absentia by summary court martial were: General Bacuzzi, Commanding Officer of Infantry Division Bergamo, Colonel Boschi Chief of General Staff, Division Bergamo, Admiral Bobesi Commanding Admiral Split. Records of investigation with courier. And the message is signed by the Operations officer of the SS Division.
On page 82 of the English and 64 of the German, Prosecution's next document, Document NOKW 1242, which is offered as Prosecution's Exhibit 328 This document represents an exchange of messages between the second Panzer Army and its subordinate 15th Mountain Army Corps, first as a communication from the 15th Mountain Corps dated, "Headquarters of the Corps, 6 October 1943."
"Subject: General Court Martial for Italian Officers."
It is sent to the headquarters of the 2nd Panzer Army commanded by the defendant Rendulic:
"1) Enclosed comprehensive folder contains as No. 18 the report of the commander of the SS Mountain Division "Prinz Eugen", about the General Court Martial which met on 30 September 1943 to confer about the treason charge preferred against the responsible officers of the Italian Infantry Division "Bergamo" at Split.
2) The General Court Martial sentenced to death 3 Generals and 47 officers named on the roster attached to this report. The sentence was executed.
3) On the basis of further investigations 9 additional Italian officers according to Daily Report of 3 October 1943, Ic No. 5221/43 secret, were found guilty of treason, sentenced to death, and shot.
Roster will be forwarded upon receipt.
4) Reference is made to documents No. 13 and 14 in the folder: The treaty to surrender arms, concluded by the Commander of the "Bergamo" Division and representatives of the Communists and the Anglo-American Military Mission.
5) Confirmation of the verdict reached by the General Court Martial is requested, and the assurance of its execution on the 3 fugitives also sentenced to death, General Becuzzi, Admiral Bobesi, and Colonel Boschi, in case they can be arrested.
(Handwritten initial)
Lueters.
The message is signed by Lueters, whom your Honors will recall is the Commander of tho 15th Army Corps at this time.
Continuing now with the same Exhibit, page 84 of the English, 66 of the German, it is a message from the 2nd Panzer Army Headquarters to 15th Mountain Army Corps, transmitted on the first of October 1943:
"All Italian troops, or whoever else bearing arms, who still offer resistance, are to be presented immediately with a short-dated ultimatum, if necessary parachuted by the Luftwaffe. In this it is to be made clear that those commanders are responsible for resistance will be shot as being insurgents, if within the time set they do not issue an order to their troops to surrender arms. German headquarters will report on 5 October 1943, compliance with the ultimatum presented with indication what Italian troops were included in this.
2) Further reference is made to tho Fuehrer Order concerning the treatment of Italian troops who let their weapons fall into insurgent hands, or have at all."
Now, if your Honors please, we turn to page 86 of the English Document book for tho conclusion of the message:
"made common cause with the Insurgents."
It is signed, "Headquarters 2nd Panzer Army, 1a Section."
I think that that page may be missing from the German Document book, but should any of the German counsel wish to examine the original document and include any portions not included in this document book they may do so.
DR. LATERNSER: Your Honor, on Page 66 of the German and on Page 83 of the English Document Book, there is the word "Freischaerler" in the original of the German text, translated as "insurgents." I think the translation is wrong because "Freischaerler" is a legal term, which should be translated as "franctireurs" or "partisans." I would, therefore, ask that a correction be made in the translation.
PRESIDING JUDGE BURKE: The document will be submitted to the Interpreter for such translation as it may require.
MR. FENSTERMACHER: We agree to that procedure, Your Honors, but I ask, Your Honor, if I can make one remark at this time. When Dr. Laternser or any of the other defense counsel has comments on the translation, will they simply say that they believe there is an error, and ask that it be submitted to the Interpreter, rather than suggest another interpretation. We believe that this suggestion has influenced, in some cases, whether the Interpreter would change the translation or not.
PRESIDING JUDGE BURKE: I think that procedure may be followed without violence to the ordinary rules of practice.
DR. LATERNSER: I gladly agree to this.
MISSEVAND (German-English Interpreter): "Freischaerler" can be translated as "partisans" or "guerillas" or "insurgents."
DR. LATERNSER: Your Honor, since I don't agree with this translation, I would like to get information on the correct translation of the German word "Freischaerler" from the chief of the Translation Division.
PRESIDING JUDGE BURKE: I am sure there will be no objection on the part of the Tribunal to that procedure, and it may be submitted at such time as will be appropriate.
MR. FENSTERMACHER: Turning now to Page 88 of the English, Page 68 of the German, is Document No. NOKW-721, which becomes Prosecution's Exhibit No. 329, the report from the 21st Mountain Army Corps to its higher headquarters, the 2nd Panzer Army--the Daily Report of the 9th of October 1943:
"Operation against Division Taurinense concluded in the main. Number of prisoners and amount of captured material still increasing.
Except for about 5 to 8 hundred Italians, who together with the partisans, have fled into the area northeast Nikaio, one need no longer count on the appearance of independent closed Italian units in the area of Risan Grabovo - Niksia. Bloody enemy losses amount to 4 to 5 hundred (estimated) dead, up to now 100 wounded. The number of wounded is probably higher. Reprisal measures were carried out against 18 officers, in particular commander and their responsible leaders. At the moment the number of captured and deserting Italians amounts to 3,780 and is still increasing."
MR. FENSTERMACHER: And the report is signed by the Ia Operations Officer of the 21st Mountain Army Corps.
Next, on Page 90 of the English, and Page 69 of the German, is Document No. NOKW-722, which becomes Prosecution's Exhibit No. 330. These are two reports from the 21st Mountain Army Corps to the 2nd Panzer Army. The first is dated the 12th of October 1943. "4 more officers of the Taurinense shot as reprisal." If Your Honors please, we believe that refers to the Italian Taurinense Division, which is mentioned on Page 88 of the English, Page 68 of the German, the document which we have just finished with. "The situation sharply south of Tirana requires larger operations within a short time. The well armed and well organized enemy standing here (approximately 1 to 2 thousand communists and 500 - 100 Italians) led by Commander Firenze represents a threat to Tirana which must be taken seriously." The report is signed by the Operations Officer of the 21st Mountain Army Corps. On the same page, both the English and German is "Activity Report No. 2 for the War Diary, from 1.10-31.10," and the entry for the 11th of October 1943 reads: "Pursuant to teletype, 2nd Panzer Army Hq IIa dated 10.10.43 (order OKH PA Ag Pl Chef Section (b) dated 4.10.43) General Bader is transferred to the Fuehrer Reserve OKH/peace-time garrison effective 10.10.43." And the entry for the 13th of October 1943: "General Bader leaving by plane. He is accompanied by Lieut. Colonel Meyer to Belgrade. Arrival of General of Infantry, Fehn, who is appointed as Commanding General of the XXIst Mountain Corps pursuant to the above order." If Your Honors will remember, this date, the 13th of October 1943, when General Fehn, who previously commanded the 15th Mountain Army Corps, is now being transferred to the Command of the 21st Mountain Corps.
We will see from later documents that the Defendant Leyser succeeded General Fehn, as Commander of the 15th Mountain Corps about this same time, 13th of October 1943. Continuing now on Page 92 of the English, Page 70 of the German, is No. NOKW-1244, which becomes Prosecution's Exhibit No. 331. This document is a series of reports from the 15th Mountain Corps to the 2nd Panzer Army, with respect to the execution of Italian officers. Your Honors will note that the first report is the Daily Report for the 14th of September 1943, and the distribution list is of interest. "To Headquarters 2nd Panzer Army," and we believe that means the 2nd Panzer Army. Your Honors, we submit that there has been a mistake in the translation. The words "PQNOKZ" appear in the original document, which we believe refers to the 2nd Panzer Army, commanded by the Defendant Rendulic. The Tribunal may wish to examine the original document. A copy of the report also goes to the "Headquarters Army Group F," which, Your Honors will note, at this time, was commanded by the Defendant Weichs, and his Chief of Staff was the Defendant Foertsch. Another copy went to "Fliegerfuehrer in Croatia." Another to "XXIst Mountain Corps", another to (IIIrd "Germn.") SS Panzer Corps", and a final copy to LXIXth Reserve Corps," which, Your Honors will recall, was commanded by the Defendant Dehner. Under the portion of the 15th Mountain Corps' report dealing with the IInd Croatian Corps...
DR. FOEHSE: Foehse for the Defendant Dehner. I would like to point out that when this teletype was handed to the 69th Reserve Corps, in the English text, on Page 92, there is also a comment that the letter was not sent because there was something wrong with the line. The Prosecutor probably missed this; I would like to point it out.
MR. FENSTERMACHER: I have not finished reading the document, if Your Honors please. I was coming to that next. Your Honors will note on the left-hand portion of the page, Page 92 of the English, a handwritten note: "Cannot be dispatched since line is out of order." Under the portion of the report of the 15th Mountain Corps dealing with the IInd Croatian Corps:
"Ist Battalion 8th Infantry Regiment attacked by a strong band whilst marching to equipment changing station 3 km North of Raca. The battalion fought well. 4 dead, 15 wounded (2 officers); 47 enemy dead, 16 more enemy prisoners beaten to death by Domobranen." And the report is signed "Headquarters XVth Mountain Corps... 14 September 1943." Turning next to Page 93 of the English, Page 70 of the German, another report of the 15th Mountain Corps, dated 19 September 1943. This time, your Honors will also note that there are handwritten notations, but they do not indicate that the report was not sent to the distribution which appears in the center of the page, and which is again the same as on the original report. Copy to the "2nd Panzer Army", commanded at this time by the Defendant Rendulic. Copy to "Headquarters Army Group F," commanded at this time by Defendant Weichs, and as Chief of Staff, the Defendant Foertsch. And another copy to the "LXIXth Reserve Corps," commanded at this time by the Defendant Dehner. This is the Daily Report of the 19th of September 1943, and under that portion of the report which deals with the activities of the "SS Division 'Prinz Eugen'": "Communists at Split frequently in Italian uniforms.
Italian officers and men fight with bands... In course of retaliation against Italian "Emilia" Division 7 officers were shot." Next, on Page 94 of the English, Page 71 of the German, the Daily Report of the same 15th Mountain Corps, with these same distribution lists with the copies of the report. The Daily Report of the 24th of September 1943, under the 373rd Division: "Strong forces of the bandits, supported by the population, are assembling in the area S. Bos. Krupa. Protected Signal Repair Squad attacked. 4 dead, 15 missing. Retaliations ordered." Looking now at the bottom of Page 95 of the English, Page 72 of the German, the Daily Report of the 15th Mountain Corps, as of 28 September 1943: "Situation: The main enemy forces in the area SPLIT withdrew to the DINARA Mountains, and parts to MOSOR in face of the SS Division's attack. The tenacious defense of the last days served merely to remove Italian booty.
Majority of Bergamo Division taken prisoner. 300 Italian officers will be executed according to martial law in compliance with the Fuehrer Order." And the portion of the report dealing with the SS Division:
"SS Division:
Enemy facing the Northern group withdrew towards Northwest and East. Weak rearguards still offered resistance. (Handwritten note: Hrvace 7 enemy trucks and 1 Armored Car destroyed.)
0700 the Division was ready to attack, had reached the outskirts of the town by 0800, and occupied SPLIT 0900. 300 Italian officers and 9000 Italian men captured. Details about SPLIT now known. Radio interrupted since 0100 28 September. Own losses on 26 September: 7 wounded, enemy losses: 187 dead counted, including 6 leaders."
The portion of the report dealing with the activities of the "373rd Division:
Mopping up completed in the area Southwest of Bos. Krupa. About 100 bandits fled to the wooded mountains in the Southeast. Communists' houses were burned. 15 enemy dead, 7 prisoners."
Next on page 97 of the English, page 72 of the German, report of the same XV Mountain Corps for the 1st of October, 1943. I call your Honors' attention to the portion of the report dealing with the activities of the SS Division:
"Executed according to martial law.
"Major General Pelligra, Corps Artillery Commander, XVIIIth Italian Corps.
"Major General Felgosi, Commander XVIIth Coastal Brigade.
"Major General Poticardi, Corps Engineer Commander, XVIIIth Corps."
Next on page 98 of the English, page 73 of the German, report of the XVth Mountain Corps for the 2nd of October, 1943, under the SS Division, "Case against Italian officers of the Bergamo Division concluded. On 1 October additional 45 Italian officers of the Bergami Division shot."
DR. LATERNSER: Your Honor, I now refer to page 97 of the English document book and page 73 of the German, The German words "standrechtlich erschossen" are on page 97 of the English document book translated as "executed according to martial law." I would like to query the translation since we have already received the official translation from the Translation Division.
MR. FENSTERMACHER: May it please Your Honors, that this is the word about which we have had a memorandum from the Chief of the Translation Division. I myself have forgotten the correct translation which Mr. Jacobs suggested but perhaps your Honors have a copy of the memorandum handy, or perhaps the interpreters know of Mr. Jacobs' recommendations on the translation of the word.
JUDGE BURKE: The memorandum to the Tribunal states, "According to expert opinion, "standrechtlich erschossen" should be translated 'shot after having been sentenced by a summary court martial'.
"2. It ought not be translated 'according to martial law," as there is a difference between 'standrechtlich' and 'kriegsrechtlich'.
"3. 'Standrecht' may be a peacetime emergency measure; 'kriegsrecht' is not.
"(signed) Noah J. Jacobs, Chief Translation Branch, Language Division."
MR. FENSTERMACHER: I believe Dr. Laternser would be satisfied then if your Honors changed your books to read on page 97 of the English "sentenced to death after having been"--no, I suppose "shot to death after having been sentenced according to summary court martial."
JUDGE BURKE: Does that satisfy the requirement?
DR. LATERNSER: Yes.
JUDGE BURKE: It may accordingly be done.
MR. FENSTERMACHER: Continuing on page 98 of the English and 73 of the German with the daily report of the XVth Mountain Corps for the 2nd of October, 1943, under the SS Division;
"Case against Italian officers of the Bergamo Division concluded. On 1 October additional 45 Italian officers of the Bergamo Division shot.
"The following were sentenced to death by Court Martial in absentia:
"General Bacuzzi, Commander of the 'Bergamo' Infantry Division.
"Colonel Boschi, Chief of Staff 'Bergamo' Division."
May I call your Honors' attention to the execution here of the Commander of the Division as well as of his Chief-of-Staff.
"Admiral Bobesi, Commanding Admiral at SPLIT."
"Losses: Operation Split (10 September - 27 September.)"
DR. LATERNSER: Your Honor, I regret I have to mention a translation again. On page 98 of the English document book, page 73 of the German, the German text reads: "45 Italian officers of the Bergamo Division shot." And the translation on page 98 of the English document book is "On the 1st of October, additional 45 Italian officers of the Bergamo Division shot." I would like a correction to be made of this mistake on translation.
MR. FENSTERMACHER: Perhaps your Honor would pass the original document to the translators since the word "additional" may well have been omitted from the German document book, but perhaps be contained in the original photostat.
JUDGE BURKE: That proceeding will be taken.
MR. FENSTERMACHER: I think this is on page 11 of the original photostat copy.
JUDGE BURKE: It is found under the daily report for 2 October 1943.
INTERPRETER: The translation in German - the translation from the original German reads: "On the 1st of October further 45 Italian officers of the Bergamo Division were shot."
MR. FENSTERMACHER: I take it there has been an omission from the German document book and it has not been correctly transcribed from the photostatic copy.
JUDGE BURKE: Does it represent simply an omission from the German document book?
DR. LATERNSER: First of all, comparing the German original and the German document book, the difference is perhaps only an apparent one because the words "On the 1st of October, additional" would be crossed out in the original and therefore this can explain the version in the German document book.
MR. FENSTERMACHER: I would suggest, your Honors, that the defense counsel insert in their document books the German word for "further" and then cross it out very lightly with a line. Your Honors may like to look at the actual condition of the word in question. It is a little difficult to tell whether the line is a scratch on the photostat plate or whether it is meant to be a crossing out of the word.
PRESIDING JUDGE BURKE: Our translation of it adds nothing to the sum of knowledge on the subject. Perhaps an agreement will be able to be reached with Dr. Laternser.
MR. FENSTERMACHER: Continuing with the daily report for the 2nd of October, 1943, of the XVth Mountain Corps on the bottom of page 98 of the English, page 73 of the German, the German losses involved in the operation are listed.
Page 99 of the English, 73 of the German, the total losses are given and then paragraph 2, "Enemy losses: 1200 dead."
Bottom of page 99 of the English, page 74 of the German, is a supplement to the daily report for the 3rd of October, 1943, under the portion of the report dealing with the 114th Division:
"114th Division:
Landing operation on Osljak Island (4 km South Southwest of ZARA) unsuccessful in spite of large employment of artillery. Strong enemy in fortified field positions and bunkers.
SS Division:
Additional 9 officers of "Bergamo" Division executed according to martial law."
I take it there again if your Honors please, we should change our English copies to read as we did before "shot after having been sentenced according to summary court martial."
PRESIDING JUDGE BURKE: That should take care of the matter.
MR. FENSTERMACHER: Next on page 100 of the English, 74 of the German, the daily report of the XVth Mountain Corps for the 5th of October, 1943, under the SS Division--this is on page 101 of the English, 74 of the German:
"Colonel Verdi ('Bergamo' Division) was shot in compliance with the Fuehrer order."
Continuing with the daily report for the 6th of October, 1943, 373rd Division, "Continued danger to railway Bos. Novi - Bihac. 3 more interruptions. Hostages arrested."
Next on page 102 of the English, 75 of the German, daily report of the XVth Mountain Army Corps for the 13th of October, under IInd Croatian Corps, "Increase in enemy pressure on railroad Derventa Doboj. Train set on fire, line temporarily interrupted. Railway base Southeast of Gracanica overpowered, 6 Germans, 36 Domobrans killed. Retaliation measure."
Next the daily report for the 14th of October, 1943, page 103 of the English, 76 of the German, "II Croatian Corps: Enemy from the area of Tuzla by-passed Gracanica in the North and South. Garrison withdrawn to defense position Southeast of Doboj."
Your Honors will recall the report of the 13th of October on the preceding page.
"In retaliation (yesterday's report) village burned down, 100 enemy dead."
Under the 373rd Division: "Bandit activity in the vicinity of Prijedor. Several clashes with small enemy groups (handwritten annotation: Bruvno) at Bos. Krupa, Bihac, Vrtoce, and Bruvno. In return for railway sabotage West of Prijedor 7 hostages arrested."
Next the daily report of the XV Mountain Corps for the 16 of October 1943, bottom of page 104 of the English, page 77 of the German, under SS Division:
"Near Metkovic 20 bandits were hanged for attempting to blow up railroad tracks.
Next the daily report for the 22 of October 1943, page 105 of the English, 78 of the German:
"373rd Division: Southwest of Bruvno explosives, propaganda, and ammunition captured. 3 bandits shot."
Next the report for the 27 of October 1943:
"373rd Division: Local fighting activity. Protected harvesting detachment attacked 6 km North of Lapac. Immediate search of wooded areas unsuccessful. 11 hostages taken."
Finally, the daily report for the 20 of September 1943, page 107 of the English, 79 of the German:
"373rd Division: Reconnaissance near Mazin, local engagement. 5 villages (strong points of the bands) set on fire by shelling and gasoline depot exploded hereby. Area Banja Luka: Nothing special to report."
This report, as were all the others, are those which the XV Mountain Corps sent to higher headquarters of the 2nd Panzer Army, signed by the Operations Officer.
We turn next to page 108 of the English, page 80 of the German, Document NOKW 053 which becomes Prosecution Exhibit 332. With the first two portions of the exhibit we turn temporarily to conditions in Serbia. Your Honors will recall with the re-organization of the Southeast Command which occurred in the end of August 1943, General Felber was brought in to become Military Commander Southeast and simultaneously Military Commander of Serbia. Your Honors will also recall that the defendant Geitner continued to be Chief of Staff of the defendant Felber as he had earlier been Chief of Staff to General Bader in Serbia.
I might mention in my remarks a defendant Felber the adjective "defendant" should be stricken, because, of course, Felber is not part of this proceeding.
This is the daily report of the military Commander Southeast of 4th October 1943, page 108 of the English, page 80 of the German:
"Serbia: Temporarily quieter.
"1) Communists (100) raided an agricultural school in Leskovac. Buildings burnt down, cereals were robbed, the Bulgarians did not intervene.
"2) In operations involving Bulgarians and German field -gendarmes district Uzice, 1 DM - bandit was shot 26 captured, houses burnt down.
"3) In Cacak 283 DM-hostages and 42 Communists were whot on the 1st of October in reprisal for a certain number of attacks carried out in the district of the F.K. 610 in which German and Bulgarian soldiers were killed."
I think we need not read the rest of the report. It pertains for the most part to operational and tactical details in which we need not be concerned.
Turning then to page 109 of the English, page 80 of the German, Daily report of the Military Commander Southeast for the 25 of September, 1943.
Serbia.
1). Political and enemy-situation unchanged. Continuous acts of terror by the insurgents of both parties against the civilian population and the local Serbian administration. Attacks of mobile guerillas against patrols of the occupation forces.
Continuous mobilization activity of the DM gangsin South-Western and Western Serbia and of the Communists in the Southern Leskovac sector.
2. In Bulgarian operations against DM-gangs in the sector North-east of Nisch 17 enemies killed, 4 captured, 35 houses and 200 alpine cottages burnt down, our losses, 2 men dead, 1 officer and 2 men injured.
3) Reports about an increasing number of dropped weapons and explosives in the vicinity of Uzice as well as the parachuting of 7 English Officers,
4). After having takne Bijeljina (Croatia) West-South West of Sabac, parts of the Croation 8th sharp-shooter Regt. escaped across the Brina, combat group of the 173rd reserve division from South and East were checking the advancing Communists.
5). 5 other members of the DM-Intelligence staff which was raided yesterday as well as members of the DM civilian staff, Belgrade, were arrested in Belgrade.
6). Montenegrin frontier: Between Sjenica and Duga Poljana the detail which was intended to reinforce the group Buerger with customs-frontier-service was attacked, 1 driver dead, 7 men missing, 3 men came back.
7). 1 enemy operational flight in the south-western Uzice sector. Under "Greece", the Military Commander Southeast reports:
Greece:
In Athens an increased communistic propaganda-activity by means of inscriptions on walls.
Croatia:
No report so far.
Next on page III of the English, and page 84 of the German is the daily report of the XV Mountain Army Corps Headquarters for the 28 September 1943.