I have read SS Hauptsturmfurehre Lautenbach's combat report, the statements of which are essentially the same as found in my representation, particularly SS Hauptsturmfuehrer Lautenbach stated that the fire attack of the bandits did not take place before Distomon but only after the reconnaissance thrust between Distomon and Stiri.
"I am ready to sweat to the above statements.
Approved Signed George Koch Certified:
signed Giesecke" Signed over at the left -- all this is typed -- "Pauschel and Feldwebel."
And this communication again bears the note that it is enclosure 6 to the High Command Southeast No. 5298/44.
Then on the next page is the copy of the combat report of thatSS Panzer Grenadier Regiment No. 7 signed by Hauptsturmfuehrer Lautenbach concerning the employment of the II SS Panzer Grenadier Regiment 7 on the 10th of June, 1944, and this is dated the 11th of June.
"Mission of the company: To push ahead on the road LewadiaAmfissa to Arachowa. To mop-up the bases of the bands which are said to be on that road. Encirclement of the village of Distomon.
"Parts of the Company employed for this purpose: 2 : 12 : 80.
"And in addition: 1 Unterofflzler and 1 Interpreter of the Secret Field Police and 2 Greek truck drivers."
And it is submitted the numbers: 2 : 12 : 80 refer to officers. This is on page 36 of the German, I believe.
JUDGE WENNERSTHUM: Pardon me, Mr. Denney. I seem to have drawn a blank for page 51.
MR DENNEY: Page 51? I am sorry, your Honor, there is nothing I can do about it now. There is nobody here with another book. I will be glad to get your page.
JUDGE WENNERSTRUM: Page 51 of Book 21.
MR. DENNEY: Yes, sir.
JUDGE WENNERSTRUM: Pardon me, Mr, Denney. Judge Carter calls my attention to the fact the pagination at the top is 31 and it is numbered 52 at the bottom of the page. Maybe that accounts for it.
MR. DENNEY: Well this -- what page do you have, sir? You say you don't have 51?
JUDGE WENNERSTRUM: But it is listed as page 52 at the bottom.
MR. DENNEY: Well, that is wrong. It must be there are two 52's in your book then?
JUDGE WENNERSTRUM: It doesn't make any difference, just so I have everything I am supposed to have.
MR. DENNEY: Your Honor, it is submitted that the figures submitted at the bottom there: 2 : 12 : and 80 men, officers, non-commissioned officers and men.
Then over on page 51:
"Distributed as follows: 1 civilian detachment, numerical strength 4 : 14." Now I would like to call your Honors' attention to that. It says "one civilian detachment, numberical strength 4 : 14."
It figures up about 2 : 12 and 80. Officers, non-commissioned officers and men. One civilian detachment, numerical strength 4 : 14.
"1 interpreter "1 operational detachment, numerical strength 2 : 8 : 66.
"1 uffz. of the secret field police in addition."
Now if you will go back and add these figures up, the totals, it is submitted, two under one operational detachment, numerical strength. Two--that takes care of the two officers. The second figure there, eight, being non-commissioned officers, one operational detachment, numerical strength. Two--that takes care of the two officers. The second figure there, eight, being non-commissioned officers, one operational detachment, numerical strength two and then eight. You add the eight and the four and you get twelve.
Twelve is the number of non-commissioned officers they list in the parts of the company employed for this purpose.
And the last figures, fourteen, in the civilian detachment, numerical strength and operational detachment, numerical strength, 66--you get 80. So it is perfectly plain from this that they have a civilian detachment, if they call it civilian detachment, which obviously are people just in civilian clothes sent out ahead who are part of their troops.
"Take off of the civilian detachment: 0800 o'clock of the operational detachment: 0815 o'clock.
"At 0850 hours the civilian detachment contacted 3rd Battalion of the Regimant two kilometers West of the road fork Lewadia-Arachowa, Lewadia-Distomon without coming into contact with the enemy.
Single Greek civilians were observed by the operational detachment 5.
"1) kilometers East of the road fork, 1 kilometers North of Paliokisi. There were in 3 small dug-outs with a herd of sheep consisting of about 30 animals. When a dismounted platoon approached the civilians and bandits opened fire on them. During our own penetrating advance, 18 younger men were shot while trying to escape.
"2) In connection therewith, the village of Distomon was to be encircled immediately by order of the regiment, as it was known that heavy skirmishes had taken place nearby on the preceding day and that bandits had been in the area of Distomon during the night and on the morning of the same day. Before Distomon was reached fire was suddenly opened against the company with mortars, machine gun and rifle from the direction of Distomon. This first fire caused the entire casualties of the company; 3 men were killed, 18 leaders, subleaders and men were wounded, of whom 4 were heavily wounded and have died in the meantime at the main medical collecting point. Thereupon I ordered the opening of fire and the attack on Distomon with all available weapons.
After the mopping up of the village we counted 250 to 300 dead men suspected of belonging to bands or members of bands; immediately following the rest of the houses were set on fire. The company left Distomon at 1830 hours for Lewadia.
Than there is a list of the casualties:
Damage to vehicles: Two motorcycles and five other vehicles received damages ranging from tires shot through, shot through fuel tank, a broken frame and shot through the radiator, and in view of the documents, which have gone before, particularly the statement of Kock, I should like to call your Honors' attention to the consumption of ammunition:
Light machine gun, 3,050 round; rifle 962 rounds; pistol ammunition 1385 rounds; 33 hand grenades; 44 mortar shells.
And at the end of it there is typed Lautenbach, SS-Hauptsturmfuehrer and Company Commander.
And enclosure 3 to this report and enclosure 5 to Commander-inChief Southeast 5298/44 and the 1st SS Panzer Grenadier Regiment 7, communication of 24 June 1944 referring to Corps Headquarters, LXVIII Infantry. This is addressed to the regiment and it is from the Battalion Commander.
The combat report concerning the operation in the area of Distomon has been submitted to the regiment with pertinent comment. The rumors which emanated immediately concerning at least 1200 dead and the desecration of the dead bodies were denied by me to the prefect of Lewadia immediately after the clarification of the facts.
"A member of the Kopais who himself has a family in Distomen told Dr. Magers that about 270 persons lost their lives during the combat at Distomon. Dr. Magers told me that personally on the 22.6.
"In my capacity as leader of the security sector, I refuse to comment on the rumor - no matter where it has emanated from - that mass executions have taken place in Lewadia or that 300 residents were shot as hostages. I am acquainted with all orders issued pertaining to reprisal measures and shooting of hostages and I may assume that the superior authorities have confidence in me that as an officer I will execute my tasks within the framework of these orders."
And the next communication teletype, draft which is from the Commander-in-Chief Southeast to the Armed Forces Wehrmacht Operational Staff and again has to do with the Commander-in-Chief Southeast No. 5298. That is the communication of 16 July 1944. which we had earlier in this same document.
"The concluding report of the SS Panzer Grenadier Regiment 7, dated 21.7 of this year shows that the combat report regarding the band operation near Distomon on the 10.6 did not correspond to the actual course of fighting. The Commanding Officer of the SS Panzer Grenadier Regiment 7 has asked for permission to limit further investigation of this case to disciplinary punishment in consideration of the sacrifices of the regiment in the combat area at the time. The Commanding General of the LXVIII Corps has agreed to a disciplinary procedure."
"The special plenipotentiary of the foreign office has been informed of the result of the investigation."
And it is certified to by Commander in Chief Southeast (High Command Army Group F) "von Harling Lt. Col.
General Staff Corps" And down at the bottom again appears this large 22D, and of course the LXVIII Corps Commander at that time was defendant Felmy and the Commander-in-Chief Southeast was defendant Weichs.
Now the next page is a communication dated 3 August 1944 and it is from Army Group E to the Commander in Chief Southeast, High Command Army Group F having to do with a teletype 5298/44, the teletype of 18 July which was referred to earlier. And again it has to do with the fighting at Distomon:
"Enclosed we are submitting the concluding report of the SS Panzer Grenadier Regiment 7, regarding the events at Distomon. The Commanding General of the Corps Hqs. LXVIII Infantry Corps imparted to the Regimental Commander orally his opinion appearing at the end of this report."
Then on page 43 the teletype to OKW from the Commander in Chief Southeast, "Events during the fighting at Distomon," and this again refers to 5298, "The concluding report of the SS Panzer Grenadier Regiment 7, dated 21.
7 of this year shows that the combat report regarding the band operation near Distomon on the 10.6 did not correspond to the actual course of fighting. The Commanding Officer of the SS Panzer Grenadier Regiment 7 has asked for permission to limit further investigation of this case to disciplinary punishment in consideration of the sacrifices of the regiment in the combat area at the time."
And this of course is the same communication that we had earlier. However, this has the Commander in Chief Southeast, High Command Army Group F. Excuse me, this is the same as the earlier communication that we had. There is no need to read it again.
JUDGE BURKE: Mr. Denney, do you have information regarding the present where about of the envoy neubacher?
MR. DENNEY: I do not, no, sir. I know of no one who does, however, I can make additional inquiries and see if there is anyone who does have information about him.
The next document NOKW-1715 is an affidavit executed in Berlin by one Erwin Lenz. It is offered as prosecution Exhibit 485 in evidence.
DR. LATERNSER: Your Honor, I object to the submission of this affidavit the best evidence should be submitted and if this affidavit is accepted, I would like to ask the tribunal to instruct the prosecution that the witness -- that this man who made out this affidavit should come to Nurnberg as witness for cross examination.
MR. DENNEY: Of course, we will make every effort to get him here as a witness and if we can't get him here for Dr. Laternser to crossexamine him, why the Court upon motion by Dr. Laternser it is to be assumed will order the affidavit withdrawn.
I might say in connection with the admission of affidavits in these trials that it was originally proposed before Tribunal I by defense counsel, and this affidavit is made in the form which defense counsel have set up and we have no objection at all to trying to get the man here if we can and if we can't get him here, why the Tribunal can give such weight to the affidavit or reject it as they see fit.
PRESIDING JUDGE CARTER: I think the exhibit will have to be admitted on that theory. However, I think the defense counsel are entitled to have the man here for cross-examination if he can be obtained.
MR. DENNEY: Certainly, your Honor, if we can get him down here, we will. It was in May when he gave the affidavit he was in Berlin and if he can't be here, why certainly we don't maintain that we can put affidavits in and not produce somebody to be cross-examined about it.
PRESIDING JUDGE CARTER: All right, with that understanding you may proceed.
DR. LATERNSER: Your Honor, naturally it was always the rule that affidavits could be submitted but if somebody objects, either the prosecution or the defense, then the man who made out the affidavit has to come to Nurnberg for cross-examination, and I should like to have this rule observed also in this particular case.
DR. GAWLIK: Gawlik for the defendant Dehner. Your Honor, it has not been proved who this man Henry Sachs is, the man who took the affidavit, whether he is a person at all who is in the position to take such an affidavit and receive it and in the Tribunal, the IMT, it was the rule that the prosecution had to prove that it was a person who was able and was in the position to receive oaths.
MR. DENNEY: Well, this is similar to the affidavits which have been used throughout these trials. I have no personal knowledge of Mr. Sachs at this time. However, I can assure the Court that he is as qualified to take an affidavit as anybody else that we have had taking them, ever since we have beets here.
PRESIDING JUDGE CARTER: The affidavit will be received with the understanding that if the witness is not produced for cross-examination, that the affidavit may be stricken on motion of the defense.
"I, Erwin L e n z, Berlin-Zehlendorf, Hilssteig 7, having been instructed that false statements will be punishable herewith declare under oath voluntarily and without compulsion:
"I was born in Berlin-Spandau on 12 April 1914 I attended elementary and intermediate school in Spandau and the Professional Business School in Berlin. Subsequently, I was employed as apprentice with the Aron-Works (later Heliowalt-Works) in Berlin-Charlottenburg. In March 1937, I was arrested by the Gestapo for Anti-Nazi Activities. On 30 November 1937, I was sentenced to prison (Zuchthaus) for 2 3/4 years. In December 1939, I was released. Having been declared at first unworthy of bearing arms, I was drafted in February 1943 and assigned to the 999th Division in which were many political ex-prisoners. In May 1943, I was sent with my detachment to Greece and from Athens, I was sent by plane to the Airport of Gaddura on the Island of Rhodes. I was attached to the staff of the Iv Battalion of 999th Artillery Regiment where I was employed as a surveyor and map maker. At that time our Commanding Officer Major Winter who came from a small town in Hesse.
The unit mentioned above was the only German Artillery Battalion stationed on Rhodes at the time. Consequently, it was not subordinate tactically to any Artillery Regimental Staff but, it was directly subordinate to the staff of "Assault Division Rhodes". - The first fixed garrison of our staff was on the Mountain of Monte di Mezzo in the valley of the Torrente Lutani till September 1943.
"Up to this date the Island was under a purely Italian Command which had the above mentioned German Division attached to it as support. However, when Italy surrendered at the beginning of September 1943, the Italian troops on Rhodes were disarmed and became prisoners of war excepting those who put themselves at the disposal of the Germans as so-called voluntary helpers or voluntary combattants.
"In June 1944, German soldiers whose names I do not recall who had worked as drivers at the AirPort of Gaddura told me that two senior SS Officers had arrived there by special plane. This fact was particularly remarkable since there were no SS troops on Rhodes. -Other German soldiers whose names I do not recall either told me later that these SS Officers had called on the Staff of Major General Kleemann (Commander of "Assault Division Rhodes"). There extended conferences had taken place but nothing could be found out regarding them. After a few days however, posters were put up all over the Island in four languages (Greek, Turkish, Italian and German). These posters demanded under threat of punishment that all Jews living on Rhodes move their residence within a prescribed short time limit to certain localities which were situated on the North Coast of the Island. Among these villages were Trianda, Cremasto, Villanova, Belpasso etc. The posters were signed by Major General Kleemann. A short time later, German soldiers told me that the Jews who had been in the above mentioned villages were transported to barracks near the city of Rodi. They were not permitted to leave this building and the entire compound was under guard. Then a few days later, the transport from the barracks to the port of the city of Rodi took place.
"On that day, I went to the Dental Hospital in Rodi and there, I myself observed the following: The Jews (approximately 1200 men, women and children, the larger part of whom were called Egeo Citizens, and Italian designation for the inhabitants of the Dodecaness Islands) had to line up close to the old fortifications facing to the wall. They carried hardly any baggage. I asked some German Soldiers employed to confine and guard them about it and they told me that the Jews would not require any baggage since he wouldn't live much longer. - It was a very hot day. Greek and Turkish cicilians who wanted to give drinks and food to the people waiting for the transport were not permitted to pass the blocked area.
Beyond that, Jews turning away from the walls were instructed in the "correct position" with kicks and rifle butts.
"In the afternoon, they were embarked on several old barges. Anyone could see that they were not fit for an extended sea trip. German sailors standing around in the port area told me when I questioned them that a rather long trip was not intended but that the situation would have been taken care of after a few sea miles. I could not get any more detailed explanation. On the occasion of another visit to the Dental Hospital a few days later, two sailors, stating that they had been on the barge with the Jews, told me voluntarily that the vents on the ships had been opened at some distance from the Island. They themselves had returned to Rhodes on the life boats and the ships with the Jews on board had been left to their fate which means that all passengers were drowned. Unfortunately, I was unable to ascertain the names of these two sailors.
At that time, that is in June 1944, Major Matthes was the Commanding Officer of the IV Artillery Battalion, to the staff of which I had been assigned and which was located in the village of Psito. Before the war Matthes was a Protestant minister in Erfurt and is now a prisoner of war in British custody in Egypt. As far as I was able to ascertain he did not participate in the deportation of the Jews.
"In June 1944, the battalion mentioned above was subordinate to the 677th Artillary Regimental Staff for special purposes which was located in the village of Peveragno. Colonel Weissenburg was the Commander of this Staff. According to my investigations Weissenburg also does not seem to have participated in the operation described above.
"This regimental staff was in turn subordinate to the staff of "Assault Division Rhodes" mentioned previously. Its Commander was Major General Kleemann who also has been mentioned above (simultaneously Commandant of the Island of Rhodes and Commandant Eastern Aegean.)
To the Eastern Aegean Sphere of command belonged besides Rhodes the Islands of Skarpanto, Caselrosso, Simi, Calchi, Nisirio, Piscono, Coo, Leros, Samos and others. The above mention d order to the Jews was signed by Kleeman and he may have been primarily responsible for the deportation described, although he may have received orders for it from the two SS Officers. In August 1944, Kleemann was promoted to Lt. General of Panzer Troops and transferred from Rhodes to the Southeast front. The last time I heard of him was in the OKW report of about January 1945 which stated that German troops under the leadership of General Kleemann had repelled thrusts of the Soviet troops in Hungary.
"The "Assault Division Rhodes" belonged to Army Group E, the Commander of which was General Loehr, A few months age, Loehr was sentenced to. death and shot in Belgrade for war crimes committed in Yugoslavia. I doubt that Loehr had ordered the deportation of Jews from Rhodes for as a Luftwaffe General he would certainly not have sent two SS Officers to transmit his orders.
"The soldiers employed to guard and confine the Jews belonged to a battalion of the Grenadier Regiment Rhodes (also Assault Division Rhodes). Its Commanding Officer w;as a Colonel Schulenburg (or something like that). I can no longer recall the number of the battalion concerned nor the name of its commander. However, Herr Gottfried Spachnolz who is now living in Bamberg, Weide 3 will be able to name them, and also many details regarding the deportation. -- Spachholz was also assigned to IV Battalion 999 and, since he is a painter and sculptor by profession, he was detached to the city of Rodi for the purpose of painting pictures, etc. There he lived in the museum. At the time of the deportation Spachholz was constantly in Rodi and he is in a much better position than I am to give information regarding the whole affair.
Furthermore, due to his good knowledge of Italian, he had good personal connections with many residents and he can surely give the names and addresses of many Italian and Greek civilians who will confirm the events depicted above.
"After the deportation, in order to counteract rumors, German officers and other superiors spread the story that the Jews had not been drowned but had been taken to the Island of Coo.
"Though during the following mouths and later as a British prisoner of war in Egypt, I had asked many soldiers formerly employed on Coo regarding this, no one could confirm that Jews from Rhodes had ever arrived in Coo.
"As a supplement to the deportation, I should like to make the following statement:
"After a part of the German Occupation Troops on the Island had been evacuated and after the withdrawal of the German troops from Greece in the fall of 1944, starvation began on Rhodes, due to supply difficulties the effects of which also were felt by the German troops still remaining on the Island. The Staff of the IV Battalion of the 999th Regiment at that time was located again in Psito. One day, I found on the desk in the room of our adjutant and Nazi Indoctrination officer, one 1st Lt. Prunsch from Jena, a report comprising a few pages marked "secret". It was signed by Brigadier General Wagner who was a commander of the then existing "Panzergrenadier Brigade Rhodes" and simultaneously, Island Commandant and Commandant Eastern Aegean. Among other things, in this report Wagner said that the had ordered Lieutenant Guenther to use the property, which had been confiscated and secured several months ago from the Jews who had been deported, for the purpose of exchanging it with the local shop-keepers for food stuffs. However, Wagner pointed out simultaneously that this bartering had to be done cleverly since the International Red Cross at that time supplied the civilian population of the Island with food.
Furthermore, in this directive Wagner obliged everyone to keep strict silence regarding the origin of the articles to be bartered. Nevertheless, German soldiers employed as drivers told me that such business has been done.
"The former Brigadier General Wagner, according to information received by me, is still in an Officers' prisoner of war camp in Great Britain. I do not know where the former Lieutenant Guenther is at present. However, he will probably still be in British custody either in the Middle East Command Area or in Great Britain.
"After the German Wehrmacht surrendered on 8 May 1945 British troops occupied Rhodes. I myself left this Island on 24 May 1945 and was sent to Egypt as a prisoner of war.
"I have read each of the 8 pages of this affidavit carefully and countersigned it by my own hand. I have made the necessary corrections in my own handwriting and initialed them. I herewith declare under oath that I have told the whole truth in this statement according to the best of my knowledge and conscience.
Signed: Erwin Lenz.
"Sworn to and signed before me this 10th day of May 1947 at Berlin, Germany by Erwin Lenz, Berlin-Zehlendorf, Hilssteig 7, known to me to be the person making the above affidavit. Henry Sachs."
And then turning to page 49 of the Germand and 64 of the English, NOKW-649, which is offered as prosecution's Exhibit 486 in evidence. Yhese are reports from the military Commander Greece to the Military Commaner Southeast for the period June and July of 1944. Political Situation -- the first one is dated 13 July 1944 and covers the period from the 16 of June to the 15 of July, and the author seems to have been anticipating himself by a day or two, but that is the way the original reports reads.
"The attitude of the population is dependent on the same influence as before; the economic and war situation. Since economic difficulties are increasing, and the war situation is judged unfavorable to us, the attitude of the population, even more than before, is partly waiting, partly hostile.
The ob scurity of the overall situation causes wild rumors. The keen fight of the government against Communism as expressed by the propaganda operation from 12th to 22nd of June has not left an enduring impression on the population, because the authority and the area of influence of the government is limited and because the population restrains it elf, because it is afraid of communist terror. However, the point of view gains ground that Bolshevism means death for the independent national and economic life of Greece. The proclamation of the Peloponesus as a Soviet Republic has strengthened that anti-communist front. On the other hand, it proves the growth of the communistic power. It is gen rally believed that it will not take long before the war has been decided against Germany. The fear of seeing the homeland transposed into a heap of ruins as, for example, in Normandy, dampens the desire for an Anglo-American landing in the Greek area. Further internal disunity. The battle for political leadership did not permit either agreement between the Greek government in Cairo and the Reich Foreign Minister, nor between individual parties and the bands. Opposing views even led to combat between national and communist bands. Notwithstanding all -- the national Eam movement.
"The limited allotment of moneys to the Wehrmacht has the effect of reducing production generally. Concrete: Production decreased Ca. 300 tons to 7,095. Value of production of explosives: 36.150 milliards drachmas. (Previous month: 76 milliards drachmas) Wehrmacht orders in manufacturing plants: 1.17 billions drachmas. (Preceding month: 1.4 billions drachmas). Felled..." That should be 3,000. "3,000 cubic meters of wood, 1.500 cubic meters cut up. Delivered to the Wehrmacht, 600 tons of iron and metal products. 127 tons of iron bars produced in electric furnaces.
"Mined 2932 tons of chromium ore, transported to the Reich 3076 tons.
230 tons of lead ore was mined. Shipped 700 tons of zinc concentrates. Mickel mining further non-existent because of the destruction of the mine. 2 concrete ships with a displacement of 350 tons put in commission.
"Coal imported: approximately 4,700 tons. Fuel supply of the Elt-factory in Athens for 4.94 days. Production of current in July reduced to a daily average of 327 ,366 kilowatt hours.
"Export of war eseential bottle-neck goods from the Peleponnesus 6 railroad cars of cotton shipped.
"Labor employment "Due to the wage and food situation deteriorating, labor employment causes difficulties.
For the first time railroad employees also show serious unrest. For financial reasons, substitution of additional rations by money impossible.
"Recruitment of labor forces for the Reich territory continues to the same extend as before. 1590 newly recruited labourers and many people on leave were sent to the Reich territory in 3 transports in June. Concurrently a first attempt to send labour forces by compulsion from the Peloponesus for employment in the Reich. About 600 men are ready. Transport will take place in a few days for "Reichwarke Hermann Goering" Iron-ore mines. A final ruling has been made with regard to the care of persons hurt in the services of the Wehrmacht. It is intended to pay full wages and rations if completely disables; minor disablement will lead to a corresponding reduction of wages and rations.
"Replacement situation unchanged.
"Distribution: see draft only". And it is signed "Scheurien."
There is another report dated the 13 of June 44, and it covers the period from 15 May to 15 June; and again it is from the Military Commander Greece, and it is addressed to the Military Commander Southeast.
"Political situation.
"The crisis in the Greek government was the focal point of the internal political situation. The unavoidable arrest of the Commander of the Evson units, General Detrilis, who was proven to side with the English, further, the resignation of the Minister of the Interior, Tavularis, which had been forced on the Minister President, but, still more it was the search of the Greek Defense Ministry by the SD which caused the Minister President to want to tender his resignation. Since, according to the interpretation of the military commander of Greece, a change in the state leadership was not desirable at this point, the Minister President was made to remain by the special plenipotentiary of the Foreign Office, who was present in Athens during the government crisis. As far as the outside world was concerned, the Minister President took over the leadership of the Ministry of Interior, but in reality, it was under the former Prefect of Patras, Bakojiannis, under the designation of "Director General for the Security". He is an energetic personality friendly to the Germans.
"The declaration of the Peloponesus as a combat zone caused great unrest among the population. This was due to the choking measures which were published by the 117th Jaeger division in the press on 20 May and which would amount to a complete cessation of the economic life. The food for both the population of Peloponesus and for the big cities, Athens, Piraeus, had become problematical by this measure. Furthermore the valuable deliveries of the Peloponesus for the German armament industry would come to a stop. As a consequence, recruitment of labour for the Reich further successful.
"From 1.5 to 1.6.44 inclusive, 1747 labourers were sent to the Armament industry in the Reich in 3 transports. Compulsory deportation to the Reich, in particular from the Peoloponesus, will take place soon in addition to voluntary employment. LXVIIIth Infantry Corps has issued orders to hold in readiness people suspected of belonging to bands and hostages, for deportation to Germany. This labour is em ployed in Germany in closed working camps.
"Eistribution of 1 million leaflets explaining the measures which have become necessary by declaring the Peloponesus a combat zone.
"Distribution of 11,000 picture posters regarding the murder of 3 Greek farmers for enlightenment regarding communist atrocities.
"Comments of daily events and on special report by radio. Increased use of whispering propaganda which promises success considering the mentality of the Greeks.
"In connection with the propaganda welfare of the members of the Italian Wehrmacht, the propaganda echelon publishes the weekly Italian paper, "Radiofante", which has an edition of 20,000. It publishes the daily information report "Del Frenti e dela Patria", with an edition of 3,000. The weekly paper, "Working Greece", published in the Greek language, with an edition of 39,000 has proven the best propaganda medium among the whole working population. It is primarily distributed in factories working for the German Wehrmacht.
"X. Replacement situation: Unchanged."
And then follows a distribution list: Military Commander Southeast; Commander-in-Chief Army Group E; Higher SS and Police Leader; and then certain copies on the premises; and it too is signed the same as was the one before.
JUDGE CARTER: The Tribunal will recess until 9:30 tomorrow morning.
(The Tribunal recessed until 0930 hours, 21 August 1947.)
Court No. V, Case No. VII.
Official transcript of Military Tribunal V, Case VII, in the matter of the United States of America against Wilhelm List et al, defendants sitting at Nurnberg, Germany, on 21 August 1947, 0930, Justice Wennerstrum presiding.
THE MARSHAL: Persons in the Courtroom will please find their seats.
The Honorable, the Judges of Military Tribunal V.
Military Tribunal V is now in session. God save the United States of America and this Honorable Tribunal.
There will be order in the Court.
THE PRESIDENT: Mr. Marshal, will you ascertain if all the defendants are present in the Courtroom?
THE MARSHAL: May it please your Honor all the defendants are present in the Courtroom.
DR. LATERNSER: Your Honor, the Tribunal yesterday asked the Defense what time was necessary for the defense before presenting the case to chief after the Prosecution has closed its case. Your Honor, I am in a position to give you the answer of the Defense after discussing it with my colleagues last night. I shall be grateful for being allowed to speak for a couple of minutes in order to explain to the Tribunal the view point of the Defense. Merely telling the time could not be satisfactory to the Tribunal if I could not at the same time share the position of the Defense.
Your Honor, the main source of material used in this trial is constituted by documents in the hands of the United States Army. That this view is correct the Prosecution will be the last to deny. The Prosecution used this material almost exclusively in presenting its case. This documentary material however has the same importance for the Defense. I want to show this importance to the Tribunal by a very brief example which I take it is typical for most of the defendants. Field Marshal List is charged with an order of 5 September. As his Defense Counsel I want to prove that this order was necessary from the military point of view.
In order to show to the Court the military necessity of this order I have to prove the development of the situation which necessitated such an order but I can only do that if I am in possession of that documentary material which includes those daily reports which referred to the time preceding this order. And, this material is stored in Washington. The ruling of the Court has enabled the Defense to obtain this material in Washington and I hope that the journey may soon start. The trip of the Defense necessitates the necessary time in order not to make it elusory because, your Honor, after the return of my colleagues from Washington the evidence must be looked through by Defense Counsel and must be correlated to the documents of the Prosecution and must be copied, mimeographed and translated.
In order to carry out this procedure the Defense certainly needs four weeks, beginning with the day of the return of the deputies sent to Washington. Your Honor, I certainly see that this will bring a delay in the course of the proceedings here but this is unavoidable. I only want to point out that the Prosecution has prepared its case for at least one year and it only started its proceedings when they had finished their preparations. It only seems just then if the Defense obtains the period of time asked for in order to make preparations on its part which would be an approximate but certainly not an equal ratio of the preparation of the Prosecution. Only then can I carry out my duty as defense counsel in a proper way.
Your Honor, may I point out shortly the following circumstances which also have proven to be obstacles in the way of the Defense:
1. I believe all those concerned in this trial have found out how strenuous the proceedings during the last few weeks have been.