Defense counsel will find this on page 58. We find document NOKW-044. It is being offered as Prosecution Exhibit 418. This is a series of teletype messages in the form of daily reports by the Military Commander Southeast, addressed to various echelons above him and sometimes at the same level. This one is dated 24 December 1943. It was sent on the 23rd of December, 1943.
..... Serbia:...
40 farmers, among them women also, suspected of being Communists killed by Chetniks in a village 10 km Southeast of Obrenovac..... German Plenipotentiary General in Croatia:
German patrol in Zagreb arrested 60 suspects. 16 leading Communists hanged by Croatian authorities on the outskirts of the city of Zagreb as a reprisal measure for the blasting of an ammunition dump on 18 December.
. . . . . .
Copy of Teletype dated 1.12.43 - Daily Report, Military Commander Southeast.
Serbia:. . . . . .
27 Communist hostages shot in retaliation for the attack on the train Negotin-Nis (see daily report 27.10.).
. . . . . . . . .
Next page, your Honor, is a copy of teletype dated 24.11.43.
"Daily report, Military Commander Southeast dated 24.11.43.
"Serbia:
Our losses: 25 dead, 120 wounded. Enemy losses unknown. Of 30 captured Italians and Communists, 13 were shot to death immediately. Chetniks stopped North Cacak passenger train and robbed the money transport of the Serbian State Guard. (6.5 millions dinar), German Wehrmacht was not molested."
Then a copy of teletype dated 18.11.43.
"Serbia:.....
During mopping up operations of combined German Serbian forces south of Zajecar 6 Communists and 180 men capable of bearing arms were arrested. The latter were delivered to Bor for compulsory labor... Counter intelligence reports mention the disintegration of the DM movement due to differences with England. Simultaneously conditions set by the DM for discussions with Germany are made known, which demand taking over the DM men into Nedic units."
Now, let's turn to next page 59 and 60 of German Document Book. It's again these daily reports from Felber dated 17.10.43.
"Serbia:
Slackening band activity. According to information from Ministerpresident Nedic offers come to him daily from DM officers who say they are prepared to enter his service. Near Trstenik DM leaflets urge the people to protect themselves against Allied air bombing.
"In retaliation for attacks on German customs and police patrol, 100 DM in the district of the F.K. 610 (Admin. Sub-area H.Q.) and in Belgrade 150 Communists hostages were shot to death."
Below that, we find a copy of a teletype sent 14.10 and it is again, a daily report.
"Serbia:
DM band burning down farms in West Cacak belonging to farmers who do not obey mobilization orders.
"During the mopping up operations on both sides of the railroad and the road Uzice-Mokra Gora slight contact with small bandit group. 1 single-barreled machine gun and 4 rifles captured. Number of arrested up to date 114 suspects. Bodies of 7 German military police and customs officials disinterred. In reprisal farms belonging to members of the band were burned down."
The next page, your Honor, page 80 and page 60 of the German, these daily reports from Felber. On 4 October he reports:
"Serbia:
1.) Communist attack (100) on agricultural institutes in Leskovac. Buildings burned, grain stolen, Bulgarians did not intervene.
2.) During operation in cooperation with Bulgarians and Germany military police of Uzice 1 DM bandit was shot to death, 26 were captured houses were burned down.
3.) 283 DM hostages and 42 Communists shot to death in Cacak on 1.10. in reprisal for a number of attacks in the area of the FK 610 (Administrative Sub-area Headquarters) during which German and Bulgarian members of the Wehrmacht were killed."
At the bottom, the report from the 29th of September:
"10 DM hostages shot to death in Jagodina for the murder of the district supervisor."
Your Honors, turn to page 81, 61 of the German Document Book. These reports continue. This one is dated 27.2.43. It's called a supplementary report:
"During relief operations for the Serbian Volunteer Corps Combat Group encircled in Kosjerici, Northeast of Uzice, 40 DM bandits were killed, and 250 houses burned down by Bulgarians.
"During the operation of the Bulgarian and German auxiliary police in connection with the attack on the reinforcement Kommando for Group Buerger, near Duga Poljana, 21 bandits dead, and their village Stavalj burned down."
At the bottom of the page, it says:
"42 anti-German persons taken hostages by the SD in several villages in the Banat."
The next page:
"Serbia:
10 DM hostages shot in Sabac."
Below and paragraph 7. Under 19 August:
"25 and 22 DM hostages shot to death in Uzice and Valjevo respectively, in retaliation for attacks on German customs border guard and Serbian State Guard officers.
"Greece:
Part of the Italians welcome new Republican Fascist Party. Officers remaining indifferent. Greek police in Piraeus armed with pistols in order to be able to oppose Communist terror groups."
Next page, your Honor, on the top, Felber still continues his daily reports:
"10 Communist hostages shot in Zajeear."
"5th/SS Mountain Jaeger Regiment 18, and units of the Italian militia regiment Po, 200 men strong, encircled by band (1000) between Delphi and Abrachova. Relief brought by units SS Panzer Grenadier 2, from Lamia."
And below:
"19 suspects arrested and 10 houses burned down by the Bulgarian Jagdkommando 18 during searching operations in connection with the plot on the main road Belgrade. - Nis, West Aleksinac, reported in the daily report dated 3.9. 20 Communists and 24 DM people shot to death, the latter by the Serbian Volunteer Corps, for sabotage on the railroad Knjazevac - Zajecar and the murder of a Serbian district supervisor."
The next page, dated September 4, page 63 and 64 of the German:
"Near Boljevac (30 West Southwest Zajecar a band 100 men strong burned records of the community and incited the population to revolt in the Rumanian language.
"Search for weapons by SD kommando East of Arandjelovac still under way.
Operation probably unsuccessful due to delayed arrival of Bulgarian battalion."
Below, and at that time the defendant Speidel was Military Commander in Greece:
"Greece:
"A new strike broke out in the tobacco industry. Arrest of 39 hostages without effect. Lockouts of the entire tobacco industry ordered. Because of ammunition found in Ampfissa and in Gravia 10 hostages each arrested. From munition dump construction office Tatoi 90 kilograms explosives taken. Several culprits participating in sabotage Kallithea arrested. 50 hostages kept under arrest until conclusion of the investigation."
The next page, your Honor, page 64 and 85:
"West Leskovac grain confiscation kommando attacked by Communist band (3000. Our Losses: 7 dead, 4 wounded. Cooperating Serbian State Guard had 3 dead, 2 wounded. Band is being pursued by Bulgarian and German police reinforcements. Shooting to death of 450 Communist suspects in the course of the operation starting tomorrow in this area have been ordered.
"According to report of the Danube Security Staff Rumanian and Czech deserters are forming bands on the Rumanian bank of the Danube.
Three Serbian couriers have been arrested by the Rumanian Frontier Guards.
"Croatia:
"70,000 Dalmatians interned in Italy are to be transferred to Croatia in the near future, but are not to be permitted to enter Italian occupied territory."
The next page, your Honor:
"Serbia:
"Royal Bulgarian Occupation Corps:
"SS Police Panzer Grenadier Regiment 1 and 2: During searching operation Northwest of Lajkovac by SS police Jagdkommando 21 suspects killed part while trying to escape, 1 DM officer arrested.
"During searching operation by Russian Protective Corps with auxiliary police, 2 Communists killed, 7 suspects arrested.
"Croatia:
"Increasing disquiet in the area of Zagreb. Within the city area also Communists notifications to report for military duty were delivered with the threat that unless they are obeyed members of the family will be killed and their possessions destroyed. The bands are prohibiting the bringing of foodstuffs into the city by the population of the area around Zagreb under penalty of death."
Let's turn to the next page, this one is date 18 December. It's a daily report, Commander in Chief Southeast. LXVIII Infantry Corps. Reports:
"As reprisal for blasting of bridge and murder of a German soldier in the area of Tripoli, band village destroyed, 30 Communists shot."
This 68th (LXVIII) Infantry Corps, at that time as you will notice on the chart, was not commanded by the defendant Felmy. Yes, it was commanded by the defendant Felmy. He, at that time, already had taken over. He took over the 6th of June 1943 until 10-44. He was there at that time.
The XXII Mountain Corps reports: (That was the defendant Lanz.)
"In reprisal for attack on truck North of Agrinion, reported yesterday 3 band villages destroyed. Telephone sabotage in the area North Preveza and North Philippia."
That is Commander in Chief Southeast, High Command Army Group F.
The next one is again a report of the corps, at that time commanded by the defendant Felmy, and a daily report from the Commander in Chief Southeast and it states:
"During the course of reprisal action in the area of Kalavritha, 1 village and 2 monasteries destroyed. During local operations in the area of Levadaia by Polish Regiment 18 after contact with the enemy in Evangelistra, village burned down."
This "Polish" is obviously a mis-spelling and should be "Police Regiment 18" not "Polish Regiment 18", but "Police Regiment 18".
THE PRESIDENT: We will take our morning recess at this time.
(A recess was taken.)
THE MARSHAL: Persons in the courtroom will please find their seats.
The Tribunal is again in session.
MR. RAPP: If the Tribunal pleases, there may be a possibility that the Prosecution today, before recess this afternoon at 4:30 will get through with Document Book XVIII which will be offered as soon as we get through with Document Book XVII.
Therefore, we would like to ask the Court's permission to ask that the witness, Hans Felber, the former General Felber who was the Military Commander Southeast, be called, possibly already late this afternoon if we get to it, as a court witness.
Now, the purpose for calling him as a court witness is simply that Felber, if I am correct, I believe since about the 26th of April 1946 has been promised by the United States authorities to be extradicted to Jugoslavia. Of course, at that time the first case was still in trial and there was a possibility that Felber, in connection with the General Staff at that time, was to be called either as a witness for the prosecution or the defense and the extradition, with the agreement of the Jugoslavian Government, was postponed month after month.
When the first case was over, your Honors, the American Historical Division of the United States Army asked that General Felber be held for a longer time in custody of the American authorities for the purpose of exploiting him in that direction.
Felber, at one time toward the end of the war, commanded an army and they wanted to get their records straight. They are writing the history both of the German and American Army and they needed him for that.
Then this case right now was started in the preparatory state by the prosecution and we found out that Felber was a very important man and that he had a lot of information which we would like to get and we asked again the Jugoslavia government at that time through channels to please leave this man here for a few more weeks or a month.
Now, Felber was about through in April or May of this year and we were practically ready to go on with the case within a month of that time. For various reasons this case was postponed. Meanwhile we had received, both from the American ambassador Murphy's office in Berlin and also from General Clay's office, practically direct orders that now the time had come that Felber must be extradited to Jugoslavia, come what may, and this, of course, we were in no position to refuse inasmuch as the United States Government already had promised General Felber by now more than a year and a half ago.
We have not talked --- that is, the prosecution have not talked --to General Felber nor have we seen him --- nor any members of the prosecution, I believe, since about the very early days of May. This is August now.
Felber is going to be indicted in Jugoslavia and we have seen some of the charges Jugoslavs propose to bring against him. It is for that reason, your Honors, that we suggest to you to approve that Felber be called as a court witness rather than as a prosecution witness because as a prosecution witness he may have to testify to matters which may incriminate himself later on at his trial before a Jugoslavian tribunal.
Now, before the military tribunals in Nurnberg we had a similar precedent case. In the medical case, Judge Beals presiding, there was a witness by the name of Walter Neff who was also called as a court witness in lieu of a prosecution witness because the prosecutor McHaney at that time felt that Neff possibly would be tried at a trial in Dachau and therefore, he may like to refuse to answer questions which may possibly incriminate him in relation to his trial later on. It is for these reasons, your Honors --- and we also don't know (I may mention this parenthetically now) -- what after so many months Felber may testify to at this time, knowing very well that he is going to be extradicted to Jugoslavia --- that we would like to ask your permission to call Felber as a court witness, possibly late this afternoon if we get to it; that is, that the Court will call Felber as a court witness and so instruct him as to his rights on account of his possible trial before a Jugoslav tribunal.
DR. LATERNSER: Your Honors, at the moment I would like to object to the following, and that is that the witness, Felber, should be called as early as this afternoon. In this particular case I have to refer to the following fact in particular, that the 24-hour notice before a witness is to be called will have to be maintained because the defense will have to prepare a possible cross-examination. For this reason alone it will not be possible to summon the witness this afternoon. That is to begin with.
I further object against, -- that the prosecution moves this witness is to be heard as a court witness for the following reasons: Alone for the motion of the prosecution -- the motion of the prosecution that this witness, -- that it wants to examine this witness, --- that shows that the prosecution needs the witness.
A further principle is, as to my knowledge of the Anglo-American proceedings, that the one who asserts something has to prove it. If, therefore, the prosecution is interested in this witness, --then it has to call him. After all, your Honor, that court witnesses are called in cases when the court is of the opinion that a certain item is still doubtful.
The prosecution at the moment is presenting its case in chief, and if there is anything doubtful here, then the defense will endeavor to clarify it. Only at a later stage of the proceedings will, therefore, be the possibility that the court itself calls a witness. The prerequisites, therefore, that a court witness at this stage of the proceedings is called, are not given here.
I rather assume that the prosecution believes that there is a certain risk connected with this witness; that risk will have to be borne by the prosecution, and that is by the prosecution themselves, if they think they need the testimony of this witness.
The danger which was indicated by the prosecution earlier, that the witness may incriminate himself, in view of his own pending trial is also there, when the court calls the witness and examines the witness, and when the prosecution and the defense subsequently have the right to cross examine the witness.
The witness in that case would have to have pointed out his rights by those parties who call him. You have to tell him that he can refuse to answer questions which incriminate himself.
I summarize. According to the rules of the Anglo American proceedings at this stage of the proceedings, there is no legal possibility to call a court witness, since only after the prosecution has ended its case in chief, and the defense has also endeavored to clarify certain points, -- if then doubtful points have remained, at that stage only, according to my knowledge of the rules of proceedings, the possibility exists that the court itself calls a witness.
Your Honor, alone from the motion of the prosecution, the Court should call a certain witness, you can see that the prosecution wants to prove something with this witness. Therefore, this witness is a prosecution witness, and the prosecution has to decide whether they want to call him as a witness or not.
I object, therefore, against the motion of the prosecution that this witness be called as a court witness.
MR. DENNEY: May it please your Honors, the notice was sent on 4 August, and I believe today is the 7th, so 72 hours have elapsed. It is out of our hands, and we delivered to the Secretary General to the effect that Felber would be called as a witness. With reference to Dr. Laternser's statement that there is no precedent for this, I appreciate his dissertation on Anglo-American law. However, I refer him to the case of the United States vs. Karl Brandt, et al, before Military Tribunal I of these Tribunals, transcript for the 16 of December 1946, pages 493 and 494, where Mr. McHaney made his application for the witness, and the transcript in the same court for the following day, December 17. Judge Sebring, speaking for the Tribunal pages 546-547, made his ruling.
At that time they were at approximately page 600 in the record,to be specific, 595, - in the government's case, when the witness Walter Neff, testified pursuant to the court's ruling. As Mr. Rapp has pointed out, we have not talked to Felber for several months. He is going to be extradited, and we feel that his testimony is informative. He was Military Commander Southeast, and Military Commander Serbia from August of 1943 to October of 1944. He was the immediate superior for whom the defendant, Geitner, was chief-of-staff during that period.
We frankly do not know what he is going to say, and we are asking the court to bring him in as their witness so that we can proceed to lead him, and if necessary, impeach him, and the same rights are available to defense counsel.
PRESIDENT WENNERSTRUM: Mr. Denney, I take it that you are standing here as the prosecutor and it is dependent upon the prosecution to make its own case, and not for the court. The court stands here as an impartial Tribunal.
MR. DENNEY: We appreciate that, your Honor, and we are just making a suggestion in view of the precedent which we have, and perhaps your Honors would like to consider it. It does not have to be decided now.
PRESIDENT WENNERSTRUM: After Dr. Laternser, if he wants to, makes a brief statement, the Court will reserve the ruling until one-thirty. However, I do not wish to shut you off, Mr. Denney.
MR. DENNEY: I appreciate it, your Honor.
PRESIDENT WENNERSTRUM: If you have anything further to say, we will entertain it.
MR. DENNEY: The reason, in addition, that the witness is sought to be called at this time is the fact that as Mr. Rapp pointed out, it has been quite some time since that order of extradition has not been complied with, and in view of the fact that he is here, it is submitted that we now have him, and when he does leave there may be some difficulty in getting him back.
PRESIDENT WENNERSTRUM: It also ought to be kept in mind that when he comes into court he becomes under the jurisdiction of the court.
MR. DENNEY: Oh, yes, your Honor. We are not in any way questioning the Court's jurisdiction.
PRESIDENT WENNERSTRUM: Regardless of what department the United States says they want him, if we have any authority at all, he is under the control and jurisdiction of the Tribunal.
MR. DENNEY: Yes, your Honor.
PRESIDENT WENNERSTRUM: Subject to such orders as we may make, I think, and when he shall be released.
MR. DENNEY: Yes, Your Honor, we are quite in agreement with that.
PRESIDENT WENNERSTRUM: Do you have anything further?
MR. DENNEY: No, your Honor.
PRESIDENT WENNERSTRUM: Dr. Laternser, do you have anything further to say?
DR. LATERNSER: Your Honor, to begin with, to the point that the prosecution intends to hear the witness as early as this afternoon, the prosecution has just announced that already 72 hours ago, the Secretary General was notified that the witness was to be called as such. I state that the defense has not been informed of this fact as yet, and according to the rules for these proceedings, it is a prerequisite that the evidence is to be announced 24 hours in advance. In the case of this witness this has not been done, and for this reason alone the interrogation of the witness this afternoon cannot be had.
To the motion itself, I would like to say the following. The prosecution maintains that lately, during recent months, they have not talked to the witness I knew however that they at least during the course of the month of February, talked to him, and that at several times he was interrogated by the prosecution.
The witness is, as I may assume, because of the request by the prosecution here, and this fact cannot be cited as reason that he now should be called as a court witness; the prosecution has every possibility to call him any time; this fact cannot be cited that because he just happens to be here now, that now the court should call him.
Also the assertion of the prosecution that they do not know what they witness is going to testify to does not apply, for the prosecution from earlier interrogations knows clearly the attitude of the witness.
PRESIDENT WENNERSTRUM: The ruling will be reserved until onethirty this afternoon.
MR. RAPP: If Your Honors will recall, the last document we discussed was NOKW-044, Prosecution Exhibit 418, and I believe we stopped on page 88 which was read into the record. It was on pages 66 and 67 respectively, of the German document book.
Your Honors, this is a report of the area Commander-in-Chief Southeast, -- I believe it should be, "Army Commander Southeast", and the first report is about Army Group E.
This report is dated December, '43, and at first refers to the 67th Infantry Corps. I would just like to check in the original document, with your permission, your Honors, whether or not this is not a misspelling. I would like to take a look at the original document.
MR. RAPP: If Your Honors permit, we will refer to this document in just a few minutes after the defense counsel for the Defendant Felmy has convinced himself whether or not this should actually be the 67th Infantry Corps or not; and we will come back to this page in a minute and read it into the record. If Your Honors well turn now please to Page 90, there we have the 22nd Infantry Corps, under the 9th of December 1943. This particular Corps was commanded, at that time, by the Defendant Lanz, and it says: "As reprisal measure for cable sabotage Sarande-Korfu a few hostages ware shot." And it was signed "Commander in Chief Southeast," the Defendant Weichs, "High Command Army Group F." The next page, Your Honor, Page 91, is a Daily Report, Army Commander in Chief Southeast, dated the 8th of December 1943. Pertaining to Army Group E, 68th Corps, and it states: "As reprisal for hand attack Southeast of Gythion 25 hostages shot." And if Your Honors turn to the next page, Page 92, we have again the 68th Corps, reporting under the 7 of December: "Reprisal measures for attack on railroad base Southeast of Tripole 50 hostages hanged." If Your Honors please, we can now go back to Page 89. Defense counsel just informed us that this actually should be the 68th Corps. So, if Your Honors and also the German Document Book, the Roman numeral LXVIIth Infantry Corps to read Roman numeral LXVIIIth Infantry Corps, which, at that time, was commanded by the Defendant Felmy.
THE PRESIDENT: May I inquire of the German counsel as to whether the change of this, from the 67th to the 68th corps, meets with his permission and whether he consents to it.
DR. MUELLER-TORGOW: Dr. Mueller-Torgow for the Defendant Felmy. Your Honor, this document contains obviously a typographical error. Instead of 67th Corps it should read 68th Corps. I, therefore, agree with an alteration to the effect.
THE PRESIDENT: Very well.
MR RAPP: On the same page, Page 92, Your Honor, we find again the 68th Infantry Corps, saying, "In Aighion 50 hostages shot to death.
O.F.K. 395 (Admin. Area HQ) klissura-Pass (20 West Ptolomaeis) operation against bands under way." and then a "Copy of Teletype Commander Chief Southeast dated 1.12.43." On the next page, Your Honor, Page 93, and Pages 68 and 69 of the German defense counsel's Document Book, we find "Area Commander in Chief Southeast." It should be "Army Commander in Chief Southeast."
"Area Army Group E:
Assault Dicision Rhodos:
Reconnaissance at Nisiro and Poskop without special developments. Reconnaissance Nisiro reports that on 23 November an English assault detachment on Nisiro blasted an H'glider carrying freight for Rhodos and that it forced another glider with some Italians to leave the port for Turkey.
XXII/ Mountain Corps.
During reprisal operation against bands in the area of Korea 1 village taken with some resistance. All men capable of bearing arms shot to death. Village destroyed."
That Corps, at that time was commanded by the Defendant Lanz. On the next page, Your Honors, we have the former Felmy Corps stating, "As reprisal for band attack Road Tripole-- Sparta 100 hostages shot at the place of the crime. During search of Corinth numerous hostages arrested. Arms and propaganda material secured." It was the 68th Infantry Corps. "Serbia: Railway bridge area Zajezar .. Knjazevac damaged by Communists and a number of residents of Nationalist views murdered. Commander in Chief Southeast (High Command Army Group F)." This dated 4.11.43. If Your Honors turn to your next page, we have Area Commander in Chief Southeast; the Assault Division Rhodes reports: Four armed Italians arrested and shot to death. Combat Group Simi returned without lossed to Rhodes leaving small security forces behind. Commander in Chief Southeast." And this particular message does not mean to hear a date. Below, however, it states "Excerpt from Daily Report, Commander in Chief Southeast, dated 20.10.1943. Army Commander in Chief Southeast: Army Group E: F.K. 395."
And it says on the next page, "Final report Ossa operation. Enemy losses: 205 prisoners, 37 dead, 42 wounded, 13 dumps of varying sizes containing ammunition, rations and clothing captured or destroyed. 3 villages (among the Spelia) razed to the group. Our lossed: 2 dead, 3 wounded," Below, "Italian prisoners shot in the Ossa mountains. Operation continued. Near Trikkala Greek paymaster with voluminous records pertaining to hand organization arrested. In reprisal for attack on Engineer Company several properties near Elassen were destroyed." The next page, Your Honors, Page 97; that's Pages 70 and 71 of defense counsel's book, Under the 15th of October we find "Army Commander in Chief Southeast: Ossa operation with local enemy resistance according to plan. Italian participation proved. More band camps destroyed at Spelia. The village of Pirgetes destroyed. 24 band suspect arrested at Trikkala." And below, the 68th Infantry Corps reorts, "The Prefect of Kalamta murdered. State of emergency declared. 50 hostages arrested." On the next page, Administrative Area Headquarters 395: "Band center Spelia (Ossa Mountains) taken by combat lasting several hours. Village destroyed... In reprisal for attacks made lately in the area of Larissa, 2 villages burned down. 65 suspects shot while trying to escape." Under Roman paragraph 11, under the 25th of November 1947, it is reported, Army Group E, the 68th Infantry Corps, Felmy reports: "In reprisal for band attack on Aighion 20 Communists shot to death. Serbia: Lebane said to be threatened by 2,000 Communists." On the next page, Your Honors, Page 99, under the date of the 10th of October; the date is recorded at the bottom of Page 98. We find a report from Serbia, saying, "In Cacak on 1/10. 283 DM hostages and 43 Communists shot in reprisal for attacks which cost the lives of members of the German and Bulgarian Wehrmacht. Commander in Chief Southeast (High Command Army Group F)." Then, below, we find a teletype message dated the 5th of September, still on the same page, "Serbia: In reprisal 20 Communists and 24 DM people shot. In the area of Arandelovac attack on grain confiscation kommando." Next page, Your Honor, "Copy of teletype dated 3.9.43." That's Page 100. It days was at the bottom, "Reprisal measures area Northwest of Sarajevo: 124 arrested, secured 700 head of cattle."
The next page, Page 101, and in the German it is Page 73 I believe, there's a Daily Report, Commander in Chief Southeast, Army Group F, 2.9.1943., handwritten (it says on there), "To 2nd Panzer Army, Area Second Panzer Army", and then, under "b" it states: "Serbia Bands forming of Rumanian and Czech deserters on the Rumanian bank of the Danube. 450 Communist suspects ordered to be shot to death in the course of operation on the area of Leskovac starting on 3.9." Then, "Copy of Teletype, Commander Southeast, dated 22.11.43," Page 102, "Serbia: According to Serbian sources no signs of DM and circles close to him breaking with the allies are recognizable. The continuous attacks on German Wehrmacht automobiles on the main road Northwest of Kragujevac are carried out by Chetnik bands which wish to force the release of band members captured by the Serbian Volunteer Corps. These will be hanged on the spot in the course of reprisal measures." Below this, under the 31st of October, we find "Daily Report, Commander in Chief Southeast, dated 31.10.43, Serbia : In Belgrade circles a rumor is being spread according to which Stalin has demanded from officers that the Yugoslav Government in Cairo depose DM and deliver him over to Tito. DM is to be convicted as a war criminal. In Belgrade 3 arrest by the SD, 2 of them activity in the DM communications staff." And on the other page, Page 103 in the English, which is the last page of this particular document, it says, "42 DM hostages shot to death in reprisal for attack on Bulgarian patrol." This, Your Honors, concludes Document No. NOKW-044.
Court No. V, Case No. VII.
The next document will be NOKW-1438 to be submitted as prosecution Exhibit 419, Your Honors. You will find this document on page 104 and German defense counsel will find this on page 75. This is a directive from the OKW for the higher SS and Police Leader in Greece.
"Commander-in-Chief Southeast High Command Army Group F Group 1c/AO Counter Intelligence 111 (stamp DRAFT SECRET Local Headquarters 11 Oct 1943 (handwritten) Diary SUBJECT:
Standard order of procedure for the Senior SS and Police Leader in Greece.
To the Chief, Field Police Enclosed please find standard order of procedure for information and for your files.
For Commander-in-Chief Southeast High Command Army Group F Chief of General Staff per Lt. Colonel."
At that time the Chief of General Staff was, of course, the defendant Foertsch. And on page 105, we find now the procedure and it says:
"1. By agreement with the Chief of OKW, the Reich Fuehrer SS, and Chief of the German Police appoints a Senior SS and Police Leader for the Area of Military Commander Greece.
"2. The Senior SS and Police Leader is an office of the Reich Fuehrer SS and the Chief of the German Police, which is subordinate to Military Commander Greece for the period of its employment in Greece.
"3. In the area of the Military Commander Greece, the Senior SS and Police Leader embraces all duties which are incumbent on the Reich Fuehrer SS and Chief of German police in the Reich.