But in any case when I saw him I ran away as fast as I could.
Q: And the nearest distance to him to which you came was about 200 meters? Is that it?
A: Approximately 200 meters. I didn't sit down and measure the distance because it made no difference.
DR. WEISGERBER: I have no further questions, Your Honor.
PRESIDING JUDGE BURKE: Any further cross-examination? Mr. Denney, have you further questions?
MR. DENNEY: No further question, if Your Honor pleases.
PRESIDING JUDGE BURKE: Judge Winnerstrum? Judge Carter? The Witness will be excused.
MR. DENNEY: May we inquire from Major Hatfield what the next exhibit number is please? The last exhibit was in Book 19. I believe, Major, it is four hundred and something, but that's about the best I can do.
MAJOR HATFIELD (SECRETARY GENERAL): 457.
MR. DENNEY: The last one was 457?
MAJOR HATFIELD: The last book.
MR. DENNEY: The last one in Book No. 19 was 457. If Your Honors please, we will now continue with the presentation of document book 20 by Mr, Fenstermacher.
PRESIDING JUDGE BURKE; If you will just defer the proceedings until we receive our document books.
PRESIDING JUDGE BURKE: You may proceed, Mr. Fenstermacher.
MR. FENSTERMACHER: May it please the Tribunal, With the documents in Document Book No. 20 we continue with the documentation of events in Greece during the final period of August 1943 until October 1944. We shall be concerned for the most part with the activities of troops under the command of the Defendant Felmy who was Commander in Chief of the 68th Corps, and the activities of the troops under the command of the Defendant Lanz, as Commander in Chief of the 22nd Mountain Corps. Your Honors will recall that both of these corps were subordinate to Army Group E, which in turn was subordinate to Army Group F and Supreme Command Southeast, under the command and jurisdiction of the Defendant Weichs and his Chief of Staff, the Defendant Foertsch. The first document is on Page 1 of the English and Page 1 of the German, NOKW-1551, which becomes Prosecution's Exhibit No. 458. This is a series of Daily Reports of Army Headquarters in Berlin. The first is Daily Report West 12th March 1944. We are concerned with those sections of the reports which deal with events in the Balkans. And "Army Group E, Mainland, 68th Army Corps," which is under the defendant Felmy at this time. "In reprisal for a surprise attack by bands on a strongly protected convoy column Southeast of Tripoli, a state of emergency for the civilian population was ordered and 200 Communist hostages were shot to death." Next, page 2 of the English, Page 1 of the German, Daily OKH Report for the 15th of March 1944. That section of the report dealing with activities of the 2nd Panzer Army, at this time, is under the command of the Defendant Rendulich. The 69th Infantry Corps which, at this time, is under the command of the Defendant Dehner. According to the service record of the Defendant Dehner, which is Exhibit No. 315, he remained in command on the 69th Infantry Corps until 1 April 1944.
"LXIX Infantry Corps: 42nd Jaeger Division: 22 own dead due to mine explosion, near Garcon. During an enemy attack at the same time radio codes fell into hands of bands.
Investigation under way. 26 bandits hanged in reprisal. During the night of 15 March a transport train hit a mine west of Mitrovica." Next, Page 3 of the English, Page 2 of the German, the OKH report for the 22nd of March 1944, the section of the report dealing with events in the area of the "LXVIIIth Army Corps: During mopping up of Gythio, minor enemy losses. 22 prisoners. 50 Communist hostages were shot to death for renewed sabotage attempt on the railroad tract West of Mogara." Next, the OKH Report for the 3rd of April 1944, the report itself is dated the 4th of April 1944.
..... Balkans:
1. ) Army Group E:
Mainland
LXVIII Infantry Corps: Between Levadia and Delphi purpose attacks on our own trucks were repelled 10 Communists shot as reprisal measure.
2. ) 2nd Panzer Army:
. . . . . . . . . .
b) Serbia:
Situation Southwest Serbia: Own reconnaissance remained without important contact with the enemy up to now. 25 Kilometers South of Prokuplje during a raid of a Communist Headquarters, a Bulgarian Battalion withdrew before superior well-equipped bands.
Enemy losses in Serbia during the past week: D.M.: 128 Dead, 64 prisoners, 17 deserters. Communists: 622 Dead, 61 prisoners, 30 shot to death in reprisal, 537 arrests. Booty: 39 rifles, 4 machine guns, ammunition and equipment.
. . . . . . . . . .
This report, of course, is signed by the Ia, or Operations Officer, as are all the reports in this series. Next, on Page 5 of the English, Page 4 of the German, the OKH report of the 15th of April 1944: "Ballans, Army Group E: Corps Group Joannina," Your Honors will recall that during this period in the Joannina area in the Epiros section of Greece, the troops under the command of the Defendant Lanz were operating.
"Bands are very active of late in the area of Florina. In reprisal for a railroad attack on the line Agrinion -- Lessolongion, 120 Communists were shot or hanged. 50 suspects arrested during a raid in Agrinion."
DR. SAUTER: Dr. Sauter for the Defendant Lanz. It has just been read, under the command of the defendant Lanz. I would like the Prosecution Counsel to show me where it says that. Or at least the translation came through to the effect that it just says it is under the High Command of the defendant Lanz, but it does not say, at least my translation, that at all.
MR. FENSTERMACHER: Okay. That was just an explanatory comment of mine in order that the document will have more meaning for Your Honors.
DR. SAUTER: Your Honors, I should like to say the following to the commentary. First of all, in such a case, on the part of the Prosecution it should at least be stated that this is only a commentary and that it does not say so in the document book; and secondly I should like to make the following report as to this commentary. At this time, from which this daily report comes, which is the 15th of April 1944, the Defendant Lanz was not in the Balkans at all. But he was on a duty trip in Hungary. This becomes evident from other former documents which were submitted by the Prosecution authorities themselves and were read by them. I should like to come back to that later. But I should like to say now as to these documents which have just been read, that at the heading of this report, it says "Corps Group Joannina," this was the expression which was used when General Lanz was no longer the commander of the 22nd Corps in the Balkans.
MR. FENSTERMACHER: If Your Honors please, it seems to be an issue of fact here, which I believe Dr. Sauter can raise at the proper time.
PRESIDING JUDGE BURKE: It so appears to the Tribunal that there is some merit to Dr. Sauter's objection in the fact that when a statement is made and that Lanz or any of the other individual concerned is involved it should be stated what is your conclusion at that time, and then only in connection with the factual recital which follows later. It will save confusion and it will save the necessity of here arguing the case at this time, when either of the counsel attempt to supply their personal views in lieu of the testimony. You may proceed.
DR. SAUTER: Thank you.
MR. FENSTERMACHER: Next, on Page 6 of the English, Page 4 of the German, the Daily OKH Report for the 23rd of April 1944. Under that section of the report dealing with activities in the Balkans:" 2nd Panzer Army, Croatia, XV Mountain Corps: 264th Division: In reprisal for an attack on our trucks, two villages were burned down Northeast of Tregir. 392nd Division: Stronger enemy forces in the area of Otocac were repelled after heavy battles." Next, the OKH Report for the 25th of April 1944.
..... 1.) Army Group E:
Attacks on railroad line are increasing on the mainland of late.
LXVIII Infantry Corps: A British Commando Operation took place against the Island of Santorin on 24 April. The Navy transmitter did not function.
During larger scale raids in Athens, a total of 126 persons was arrested, weapons and ammunition were captured, 15 Communists were shot to death.
On the line Athens-Thebes, a train hit a mine and was derailed. The mainline was interrupted for about 8 hours.
. . . . . . . . . . .
Turning next to Page 8 of the English, Page 7 of the German, the OKH Report for the 27th of April 1944. "Balkans, Army Group E, Mainland":
.....Corps Group Joannina: During the continuation of the mopping up of the heights Northwest of Korea, three band villages were taken during the fighting and destroyed.
A concentrated attack of well-armed bands against own combat group in the Devoli-Valley was repelled. A simultaneous attack by bands on the road bases and Nationalist villages Southwest of Korea was repelled after reinforcements had been brought up.
. . . . . . . . . .
Turning next to Page 10 of the English and Page 6 of the German Document Book, Document No. NOKW-885, which is offered as Prosecution's Exhibit No. 459, starts with a series of extracts from the War Diary of Army Group E. Under the entry for the 12th of May 1944; Your Honors will note that the diary itself covers a period of time from the 1st of May to the 30th of June 1944.
..... Deportation of Jews The Commander of the Regular Police (Schupe) in Athens reports that, by order of the Reichsfuehrer SS, Jews are to be removed from the islands of Corfu and Crete at an increased speed.
He requests additional shipping space and the required escort personnel.
Approximately 1600 Jews are to be shipped from Corfu to Patras, approximately 350 from Crete to Piraeus.
This instruction "was teletyped at 1910 hours to the Commander of the Regular Police (Schupo) in Athens, Commandant of the Fortress Crete, Corps Headquarters, XXII Mountain Corps, naval, and Air Transport Athens, and for information to Admiral Agais:
The Commander of the Regular Police in Athens has requested shipping space for the speedy deportation of 350 Jews from Crete and 1600 Jews from Corfu.
The High Command of Army Group E agrees to the supply of shipping space if the supplying of shipping space does not interfere with Wehrmacht supplies and intended tactical operations.
Details are to be agreed upon directly by the Commander of the Regular Police (Schupo) and the Naval and Air Transport Athens.
The Command of Fortress Crete and Corps Headquarters XXIInd Mountain corps are ordered to supply Escort personnel.
. . . . . . . . . . . .
Next, entry in the War Diary for the 17th of May 1944:
.....LXVIII Infantry Corps:
On the road Arges-Tripoli, meter convoys III 670th Artillery Regiment - 1 Officer and 95 men -- attacked by bands. Our losses; 25 dead, 25 wounded, 6 missing. Pursuit of the bands by detachments of 737th Regiment under way.
The measures taken as a result of the Peloponesus being declared a combat zone are being retorted currently.
Turning next the bottom of page 12 of the English, page 9 of the German Document book, the entry in the War Diary -fpr the 26th of May. 1944, the time of the entry 1945 hours.
"Deportation of Jews from Corfu:
At 19.50 hours a teletype sent to Admiral Agais, XXIInd mountain Corps, Hohore SS und Polizeifuehrer, Greece.
A representative of the Reichsfuehrer SS will apply to Admiral Agai s for the Transfer of 2,000 Jews from Corfu to the Mainland. The Commanderin Chief of Army Group E is agreeable to this, provided troop transports and the supplying of the islands in not deterred and provided deportation can take place rapidly and without interruption.
The Army at this time is unable to supply guard personnel. Information on your arrangements is requested."
Next, the entry in the War Diary of Army Group E for the 1st of June 1944, the time of the entry 1135 hours.
XXIInd Mountain Corps: Hopping up operation in the area North of Kalabaka carried out against strong enemy resistance. Several band losses. Numerous ammunition depots wiped out, three band villages destroyed. Attack by medium strength well armed band group on rood base near Leskovic repelled after heavy fighting with enemy losses. Bands are under English command."
In this connection, your Honor will recall the testimony of the witness Triandaphylidis.
Turning next to page 14 of the English, page 11 of the German Document book, NOKW-942, which becomes prosecution Exhibit 460, this again is a series of daily reports from Amy Group E to Army Group F. First:
"Daily Report High Command Army Group E Southeast (High Command Army Group F) of 24 July 1944.
Area 1XV111 Army:
For attack on medical convoy Northwerst Tripoli (Daily Report 22.10) 100 Hostages shot to death."
"Area LXVIII Army:
During "Eule" in area Avlon (30 North Athenhns) 17 Bandits were shot to death 3 machine guns and other arms captured."
Next, on page 15 of the English, page 12 of the German;
Evening Report High Command Army Group E
B) Commandant East Aegean and Fortress Crete: No special events. 1XV111 Army Corps:
During search of Parness Fountains 17 bandits shot to death.
Next the daily report of the 31st of July, 1944, section of the report dealing with events in the:
This is on urge 16 of the English page 12 of the German.
" Renewed sabotage plot against subsidiary lines near Kessolongion thwarted. West of Agrinion bank attack line repair detachment, 8 dead of own, 14 wounded. As reprisal measure, 71 Communists shot to death."
The report is signed as were the others, by High Command Army Group E..
Turning now to page 17 of the English; page 13 of the German; docment NOKW-962 becomes prosecution Exhibit 461. This is a report of the 104th Jaeger Division, dated 22 August 1944. Your Honors will notice the receipt stamp of the XXII Mountain Corps and the date 25 August 1944 in the top right hand portion of the report. The subject of the report is:
"Final Report on the Operation "Kreuzotter"
A) Task:
The headquarters of the 22nd Mountain Artillery Corps gave me the orders to clean up the area Agrinion - Thermon -Karpenission.
B) Situation of the Enemy:
For the planning of the operation there was at my disposal the situation of the enemy to be seen from the eclosed copy (see enclosure 1), which was ascertained essentially by reports from confidential agents, statements of inhabitants and, furthermore, by findings made during former operations.
According to this there were in the area north and northeast of Agrinion in the main, parts of the 13th Decision with the 5/42 Evzone Regiment in the Area Ajos - Wlassios - Thermon - Agrinion, the 34th Infantry Regiment consisting of 2 Battalions in the sector Karpenission - Triklinos and the 1/38 Evzone Regiment in the area east and northeast of Karpenission. In addition, there were in the region nroth of the Arginion Lake, as far as Meglichora (10 kilometers south southeast of Larpenission), the 1st Reserve Regiment subordinated to the 13th Decision, in the area south of the Agrinion Lake, the 3rd Reserve Regiment which also belongs to the 13th Division, and in the area southeast of Thermon the 4th Elas Reserve Regiment. West of the Acheloos River, the 7th Brigade joined with the front towards the west."
"All unite were under the centralized communist leadership which was situated together with the 13th Decision and the political EAM leadship in Karpenission. There was also an allied military mission in the area south of karpenission.
H) Tactical Result:
Though a lasting destruction of bands, as was foreseen, was not achieved, serious losses of men and material were inflicted upon the adversary, which at least limit his readiness with strong units.
By the surprise assault, which, however, was successful only in part, signs of rapod flight were established, thus justifies the assumption that the organization was not only disturbed, but may be considered seriously damaged. Through persistent destruction of all villages of the area traversed, especially by burning down the Communist Headquarters Karpenission.
The bands have lost numerous billeting possibilities a factor which must have affected the organization also. But the main success lies in the demonstration of power, which after a long period of time was once again put before the bandits in the area."
The report is signed von Ludwiger.
Turning next to page 19 of the English, page 15 of the German, document NOKW-940, which becomes prosecution Exhibit 462, it is again a series of faily reports of Army Group E to the Commander in-Chief Southeast, first is a daily report for the 20th of August 1944:
"Area of the LXXX1 Corps for special employment:
Battle group Eberlein dispersed concentration of insurgents NO Ardea. major enemy losses, 1 locality of the insurgents burned down, booty of 300 oxen and 50 vehicles with grain."
Turning to page 20 of the English and 15 of the German, the Ic Evening Report High Command Army Group E of 21 August 1944, under the section of the report dealing with Fortification - Crete:
During mopping up operations in West and Central Crete a futher 21 insurgents were shot, several arrests.
Bulgarian II. Corps: no special occurences.
C) Surprise attack on the road Joannina-Igumenitsa (see Ic evening report of 19 Augusto by units of Greek exile forces and units of EDES Regt 3/40 led by Agorus (according to confidential report) Crock exile troops seem to be allotted to ZERVAS units in closed formations (up to battalion strength)."
The report is signed High Command Army Group E, Ic, Counter Intelligence Officer.
JUDGE CARTER: Pardon me. Who bore the title of Commander in-Chief Southeast at this time?
MR. FENSTERMACHER: Defendant Weichs, your Honor.
Turning to page 21 of the English, page 16 of the German continuing with daily report from Army Group E to Commander in-Chief Southeast, who was also simultaneously Commander of Army Group F, the daily report for the 22nd of August, 1944, area of the Commander of the Fortress Crete.
"During renewed operations in the Ida mountains so far no contact with the enemy. 35 people suspected of owing insurgents were shot. In the area North of Aj. Uawara groups of insurgents with draw from our pursuing units towards North. In the Eastern sector of the Mossara plain large quantities of grain and cattle have been secured.
Area of LXVIII Infantry Corps Battle group Weigelt had an engagement with strong groups of insurgents near Kaloscopi (10WNW of Grawia), 30 enemy dead counted, numerous wounded.
Kaloscopi and Inochorion (7.5 Northwest Grawia) as well as several camps of the insurgents were destroyed. Battle group Froech had contact with withdrawing insurgents in the area North and South Amphissa. Segditsa ( 3 SSW Amphissa) were destroyed."
Next on page 22 of the English, 17 of the German.
"Ic Evening Report High Command Army Group E dated 22 August 1944 of the report.
IIb. Fortress Crete:
During mopping operations in Central and Western Crete a further 45 insurgents were shot, 15 tons grain and considerable quantities of cattle secured. N of the Lassithi Mountains insurgents have withdrawn towards the South on the appearance of our troops.
91st Corps (for disposition) North Northeast of Ardea clash between strong insurgent group equipped with heavy weapons (presumably components of Int.
Regt. 30) with our own battle group. 8 enemy dead, 5 captured, large quantities of explosives and ammunitions destroyed, 1 insurgent hospital destroyed, one insurgent locality burned."
This report, as all the others are, is signed High Command Army Group E, Ic Counter Intelligence Officer.
Continuing with the daily reports from Army Group E to Commander inChief Southeast, page 23 of the English, 17 of the German, daily report for the 23rd of August 1944.
Area Fortress Crete:
Southeast of the Ida mountains no enemy resistance. 191 insurgents and people suspected of being insurgents were shot., 1 insurgent locality destroyed. 1500 civilians are being resettled.
On page 24 of the English and 18 of the German, that report for the 23 of August 1944 continues:
"Area LXXXI Corps (for special employment): As reprisal for insurgent activity in the area Southeast of Larissa 3 localities were destroyed., near Platamon 24 hostages were shot. Renewed surprise attacks on our own motor transport on the road Larrissa- Servia, North of Katerini, as well as by a strong insurgent group near Amyndeon (25 Southeaat Florina).
At the bottom of page 24 in the English and 18 in the German is the: Ic Evening report High Command Army Group E of 23 Aug 1944 Commander East Aegian: No special occurences.
Fortress Crete: During mopping up operations Northeast and Southwest of the Ida mountains and East Mossara a total of 19k people suspected of being insurgents were shot, 1 insurgent locality was destroyed, 1500 civilians are being resettled.
PRESIDING JUDGE BURKE: We will discontinue at this point until three fifteen.
(A recess was taken.)
THE MARSHAL: The Tribunal is again in session.
PRESIDING JUDGE BURKE: You may proceed, Mr. Fenstermacher.
MR. FENSTERMACHER: Prior to the recess we were examining Document NQKW-940, which is Prosecution Exhibit 462, and we were concerning ourselves with orders of Army Group E to Army Group F, to the 23rd of August 1944 which is on page 25 of the English, page 18 of the German document book. It is the section of the report dealing with activities of the XXII Mountain Corps:
"XXII Mountain Corps: During mopping up operations south of Amfilochia numerous arrests were made. North of Amfilochia a mine field has again been laid by insurgents. Along the road JoanninaIgumonitsa, north of Vrusina, insurgent concentrations, not known whether Zervas or Elas members. Successful attack by weak insurgent group on village west of Dolvine. During local engagement north-northwest of Erseke twelve insurgents were captured. One insurgent village destroyed.
"LXXXXI Corps (for special duty): As reprisal for mines laid southeast of Larissa three insurgent villages were destroyed. Nine attacks by Elas members on our trucks. During mopping up in the Kozani area several suspected insurgents were arrested. Insurgent attack on a village east of Kozani was driven off by National Guards."
Next is the Army Group E report to High Command Army Group F for24 August 1944. The section we are interested in is on page 26 of the English and page 19 of the German:
"Area of the Fortress of Crete: Operations in the area northeast of the Ida Mountains completed. In addition to insurgent losses reported one balloon transmitter has been secured. In retaliation against villages southwest of the Ida Mountains four insurgent villages have been destroyed; about 200 persons were selected for labor employment."
Continuing:
"Ic Evening Report High Command Army Group E dated 24 Aug 1944.
"Fortress Crete: Mopping up operations Ida Mountains have been concluded. Besides enemy losses reported yesterday radio equipment has been captured. About 200 men and women have been selected from resettled civilians for labor details; four more insurgent localities have been destroyed."
Next, Army Group E report for 26 August 1944. It appears on page 27 of the English, page 20 of the German:
"Area XXII Mountain Corps: In the course of local mopping up operations in the area northeast Joannina ten enemy dead, one insurgent locality destroyed.
"Area LXXXXI Corps for special employment: At Lake Xynia low level attack by two enemy planes on hospital train and railway station Anghie. A few losses and damages. On the road Larissa-Trikkala own convoy was attacked by insurgents; we had losses. Main railway line north of Platamon interrupted because of sabotage. Between Veria and Naussa a train was derailed as a result of railway sabotage. South of Gevgeli an attack by insurgents directed against the main railway line and against a train to the front has been frustrated. As reprisal the locality of Skiathos has been destroyed."
Next, Daily Report 25 August 1944:
"Result of the reprisal action for the kidnapping of port commander of Glossa: Town of Skiathos destroyed, almost uninhabitable; five sailing vessels destroyed."
Turning to page 29 of the English, page 21 of the German:
"Ic Evening Report High Command Army Group E of 26 Aug 44:
"b) Commandant East Aegean and Fortress Crete: No special occurrences.
"XXII Mountain Corps: During mopping up operations west-northwest Metsovon two insurgent localities have been burhed down, ten enemy dead."
Next, on page 30 of the English, pages 21 and 22 of the German, Army Group E report of 22 August 1944:
"Area XXII Mountain Corps: During local mopping up southwest of Amphilochia, Katuna was taken in the face of insurgent resistance and burned down.
"Ic Evening Report High Command Army Group E of 29 Aug 44:
"68th Corps: During mopping up near Korinth fifteen enemy dead, During raid in Athens-Kallithea twenty communists shot."
Turning next to page 32 of the English, page 23 of the German document book:
"Ic Evening Report High Command Army Group E dated 30 Aug 44:
"XXII Mountain Corps: During reconnaissance operation southeast Minina Tsuka (see yesterday's Ic Evening Report) six enemy dead. During local mopping up east of Elea two insurgent localities destroyed, counter-attacks driven off.
"e) According to reliable report of a confidential agent there were landings near Amutia on 21, 24, 26, and 27 August. On 26 August 1500 Greeks, 700 Americans, 200 British, two 75 mm batteries, six anti-tank guns, twelve mortars of 105mm caliber were brought ashore by six ships. Gold has again been supplied to the Zervas. Headquarters American Subsidiary Mission for Thessaly and Macedonia moved to its quarters in Elefterchori (29 west-northwest Larissa).
"f) According to reliable report by confidential agent a British colonel for Polish" -- I believe that should be "police", Your Honor -"questions landed on 27 August to take the place of Captain Wallace, who was killed in the attack on Milinina Tsuka. Exchange value of the British gold pound rose to 6000 million Drachmas."
Continuing with Army Group E report to Army Group F, page 33 of the English, page 23 of the German, Army Group E for 31 August 1944:
"Commandant East Aegian: No special occurrences.
"Fortress Crete: During mopping up in the area Kissame (west Crete) results so far: 223 insurgents and those helping insurgents shot, 175 arrests.
"XXII Mountain Corps: Insurgent locality 5 north Minina Tsuka taken against weak enemy resistance and destroyed."
I think that is all we need to read at this time of Exhibit 462. If Your Honors please, during the recess I was informed there was a translation error made by the translator in translating a statement by the previous witness. I have talked to Dr. Weisgerber about it and he suggests that the witness be recalled to the stand in order that the point may be clarified. I wonder if that is agreeable to Your Honors.
PRESIDING JUDGE BURKE: That may be done.
MR. FENSTERMACHER: I ask that the Marshal recall to the stand the witness Pappas.
DR. WEISGERBER (Attorney for the defendant Speidel): During the interval I was told by the interpreter that a mistake had occurred in the translation. The witness is said to have used the word "Stahlhelm" which allegedly the witness did not use. Now the word "Stahlhelm" has occurred repeatedly during the cross examination, both as said by me as well as by the witness. I believe it is very difficult to determine now at which occasion this mistake in translation occurred and I don't know how we can get any further until the transcript of the record is submitted. I am really of the view that a mistake in translation can only be ascertained when the transcript is submitted, so that we can precisely determine the questions and answers, in order to fix the mistake. Perhaps it would be appropriate if the translator told us now at what point this mistake occurred.
Court V Case VII Anagnostopoulos)
PRESIDING JUDGE BURKE: Suppose we take the interpreter's interpretation as now offered and then make such application as you desire later to the record itself. Is that satisfactory with you Dr. Weisgerber?
DR. WEISGERBER: Yes, I am in complete agreement with this proposal.
MR. FENSTERMACHER: In order to keep the record straight I wonder if we might have a statement from the Translator stating exactly what error he made and the places if he can remember where he made then.
PRESIDING JUDGE BURKE: The procedure is a little unusual. I have rather definite notions about the type of testimony being submitted. I might also have been in error about it. I would be glad to have any suggestion in the nature of a correction or an explanation.
INTERPRETER SIMHA: The mistake occurred I believe, I am quite sure, as a matter of fact, when the witness testified of seeing the German soldier standing on top of that hill and firing away with that machine gun. At that time he said when he was asked by counsel for Felmy, I believe, if he recognized the man by his uniform, maybe that he was a German, the witness said, yes, his uniform and his style - and style, in Greek, is pronounced "steel', whereupon, unfortunately I was concentrating on this uniform testimony and I misunderstood that to mean "steel helmet" and unfortunately I was rather persistent on my mistake and I made the mistake over and over again and I can actually say, with certainty, that the word "steel helmet" was not used on one single occasion in this testimony and whenever I spoke of a "Stool helmet" in part I referred to "style" which I added later on, but in part, Court V Case VII Anagnostopoi I referred to the regular German visor cap, and the sound trick, which has been taken of this testimony, will prove a hundred per cent that the witness did not say "steel helmet."
DR. WEISGERBER: If I may say something quits briefly in this connection. In the cross examination the word "steel helmet" has been mentioned repeatedly and the witness has pointed out the difference between the shape of the German and Italian steel helmets. That confirms my view that it would be quite practicable to wait with any correction until we have got the record and in fixing the definite version of the record we can always come back to the sound track.
MR. FENSTERMACHER: I wonder if it would be feasible for Dr. Weisgerber at this time to take the witness over the testimony again in that regard.
DR. WEISGERBER: I would object to that your Honors.
PRESIDING JUDGE BURKE: Is Mr. Denney available?
MR. FENSTERMACHER: We can get him in a very few minutes, your Honor.
PRESIDING JUDGE BURKE: Mr. Denney, it has been suggested in your absence that there was a possibility of a misinterpretation with respect to some of the testimony given by the witness Pappas. I assume there are other people in the vicinity who have some familiarity with the Creek language and the thing that is amazing to me somewhere there was not some indication that there was an error being made in the translation and called to the attention of the Tribunal, before the conclusion of the statement. However, it is the judgment of the Tribunal that if you desire to re-question Court V Case VII Anagnostopoulos) the witness Pappas, to clarify the matter, you have the privilege of doing so.
MR. DENNEY: If your Honor pleases, I was advised after the witness left the stand that one word had boon mistranslated and I instructed the interpreter or translator to go up and see the court and advise the court about it. It was a matter that was brought out on cross examination and I should be very glad to question him.
PRESIDING JUDGE BURKE: You are familiar with the method of correcting a mistake in the testimony. It is a rather cumbersome procedure but there is a form of doing so. However, if you have any suggestion for simplification in the interest of justice that will serve the same purpose I'm sure the Tribunal will be glad to entertain it.
MR. DENNEY: The only thing I had in mind, your Honor, was the interpreter, or the translator, informed me that when the witness was speaking about the hat which the German soldier was wearing whom he saw when he was fleeing from Kommeno, that he used the word in Greek which was misinterpreted by the interpreter to "steel helmet" when it should have been a hat. If I have a misconception of it I would be glad for Mr. Simha to tell me.
INTERPRETER SIMHA: There is a slight difference, your Honor. The first mistake crept in when the witness spoke of "style" which as I said before is pronounced "steel-os" in Greek. At that moment I made the mistake of saying "steel helmet" whereas the witness was referring to "style". Unfortunately it persisted in my mind and when it came up for the second time and the witness spoke of the hat I again said "steel helmet" which mistake I realized, however, and I corrected it by saying, "I don't Court V Case VII Anagnostopoulos) mean steel helmet; I mean cap."