Your Honors will recall that the 137th Reserve Division was at this time subordinate to the 69th Special Reserve Corps which at that time was under the command of the defendant Dehner, and the 69th Corps was in turn subordinate to the 2nd Panzer Army under the Command of the defendant Rendulic and continuing with the military pyramid, the 2nd Panzer Army at this time, was subordinate to the Commander in Chief Southeast who was simultaneously Commander of Army Group F, defendant Weichs, and his chief of staff, the defendant Foertsch.
Daily Report for 9 September 1943, 0900 "Take 10 hostages each at Mucna and Rijeka, 20 at Spisic Bukovi Comply with order for counter intelligence and retaliation measures Section Ic No. 5379/43 secret dated 24 August.
Notify the villages that another attack on the railway will result in being hanged or shot at the scene of attack."
The report is signed 187th Reserve Division.
Next the 187th Reserve Division for 20th September 1943.
In retaliation for an attack on a truck of the 202nd Panzer Regiment the entire village of Trnava will be burned down. Population deported. 10 hostages from Medari and Trnavagrn will be hanged at the scene of the attack. Large posters in the Croatian language are to give the reasons as being constant surprise attacks and to threaten further such measures.
187th Reserve Division Finally an entry in the war diary for the 24th of September 1943, Headquarters 69th Reserve Corps:
"For information by teletype to: 187th Reserve Division."
DAILY REPORT FOR 24 SEPTEMBER 1943
187th Reserve Division, 462nd Infantry Reserve Regiment Attack on Virovitica (see Daily Report 23rd September) repulsed.
Since shots were fired from private homes, 100 hostages will be taken at Virovitica. Own losses: 1 German Gendarme dead. Enemy losses unknown.
187th Reserve Division Section Ia,
DR. VON TAGWITZ: (Attorney for defendant Rendulic):
Your Honor, regret to have to object against the words of the representative of the Prosecution which he used to connect those various documents, or rather which he used to connect the document he just read, Exhibit 548, inasmuch as he said that the defendant Rendulic was the Commander in Chief of the 2nd Panzer Army at this time. Earlier the Prosecution had always named the correct d te at which he took over the command, that is, the 26th of August 1943, whereas now I assume that the Prosecutor made a sligh error inasmuch as irm. said that already in July, as a fixed date, the defendant Rendulic was Commander in Chief of the 2nd Army.
MR. FENSTERMACHER: I don't believe I said that. The first report in this exhibit is a daily report for 24 August 1943. I carefully refrained from mentioning any of the defendant's names in connection with the report of that date. However, the next report was for 9 September 1943 and it was in connection with that report at hat I remanded that the 187th Division was subordinate to the 69th Corps under command of the defendant Dehner at that time and that the corps was in turn subordinate to the 2nd Panzer Army in command of the defendant Rendulic at that time.
I carefully limited my remarks to the period for the end of august 1943.
THE PRESIDENT: The objection will be over-ruled. If the defense wishes to make any further showing in respect to this document, and as it may apply to this defendant he may do so as to the case in chief.
MR. FENSTERMACHER: If your Honors will turn to page 97 in your document book, page 62 in the German. I believe defense counsel opposed the introduction of this document this morning on the ground that it had been previously introduced. During a conference with defense counsel we determined that it had not been introduced.
THE PRESIDENT: Well you kindly give the page again.
MR. FENSTERMACHER: Page 97 of the English, page 62 of the German. Document NOKW 1712. The Prosecution now offers this as Exhibit 550. These are various extracts from the war diary , 342 Infantry Division, for the month of January 1942.
Your Honors will recall that at this time the 342nd Division was subordinate to the Plenipotentiary Commanding General in Serbia, General Bader, and that General Bader was in turn subordinate to the Commander in Chief Southeast; he was at that time the Commander of the 12th Army; at that time the Commander in Chief was defendant Kuntze and his chief of staff the defendant Foertsch. I direct your Honor' attention to the enty in the war diary for 19th of January 1942:
"09.15 hours; Group 698 reports: Rogitaca mopped up. Enemy losses on 17th and 18th: 85 dead; 12 wounded, 230 prisoners, 29 shot to death. Own losses: 1 wounded. Booty: 25 rifles, 50,000 rounds rifle ammunition."
The entry next in the war diary:
"1920 hours: Group 689 reports: Connection with IInd Battalion established. Regiment in the Area Kram-ZIjebovi. Enemy today 24 dead, 15 shot to death, Booty; 39 rifles.
I call your Honors attention to the description: "24 dead, 15 shot to death."
We offer next, if your Honors Please, as Prosecution Exhibit 551, a series of phitographs which we have received from the Yugoslav National War Crimes Commission, certified by them as having been captured by them and brought to us by the Yugoslavian delegation to the Office of Chief of Counsel for War Crimes. This is a series of six photographs and I suggest that your Honors paginate them 1 through 6 putting the figures on the English page which accompanies the photograph.
I all your Honors attention to the inscription which is found on the back portion of the first phitigraph. The captured prisoners.....
THE PRESIDENT: What is the exhibit number, please?
MR. FENSTERMACHER: Exhibit 551 your Honor.
THE PRESIDENT: How do you propose to paginate these?
MR. FENSTERMACHER: I would suggest paginating them 1 through 6.
THE PRESIDENT: All of them?
MR. FENSTERMACHER: Yes, page 1 on the first English page; then the second picture will be page 2 and so on.
JUDGE CARTER: Why not call them 551-1 etc?
MR. FENSTERMACHER: We can do that, call them 551-1; through 6. The first photograph bears the inscription on the back:
"Captured partisan, who does not know what Communism is and who fights on the side of Comrade Tito in spite of this."
I direct your Honors attention to the cap and the red star on the cap which the person in the photograph is wearing-despite the fact that the rest of his garb seems to be civilian clothes.
The next photograph is 551-2, and bears the inscription on the back:
"A captured partisan with Serbian cap and Soviet star, student of technology by profession, orthodox."
And, I call your Honors attention to the uniform which the person on the photograph seems to be wearing, especially to the red star on his cap.
DR. LATERNSER: Your Honor I would only like to point out that in the first picture which has been presented I could not discover the soviet star, and in this second picture - it is quite obvious that it is a Germany Army coat.
MR. FENSTERMACHER: Your Honor, if the deputy Secretary General will pass the original photographs of the Exhibit to the Tribunal and then to Dr. Laternser?
Dr. Laternser has raised the qursion about the star on the cap in the first photograph.
Referring to the next photograph, 551-3. The photograph bears the incription on the back:
"The Cetnik Communist Jovo Suvic from Prnjavora, photograph after he was captured. On his cap and on the butt of his rifle has has the Bolshevic Red Star."
DR. LATERNSER: Your Honor, not even on the original, can I see it, It says here the person on the picture is a Cetnik affer capture. This is a prisoner with ammunition and arms.
THE PRESIDENT: You are now referring, Dr. Laternser, to 551-3. The comments made by counsel will be considered in connection with the conception of this exhibit. The objection such as made will be over-ruled.
MR. FENSTERMACHER: Turing to the next photograph, 551-4, it bears the inscription on the back:
"Partisan Commissar, Serb, captured on Croatian Territory."
I again call your Honors ' attention to the insignia on the cap.
Turning next to Photograph 551-5, the photograph bears the following inscription on the back:
"One of the captured. Serbian partisans with Serbian Army cap and red star."
I simply want to call Your Honors' attention to the star on the cap.
The next photograph, 551-6, bears on the back the inscription "Partisans". May I call Your Honors' attention to the uniforms which the men were wearing and to the red stars on their caps.
The final photograph is 551-7; it is of a German poster which according to the chairman of the Legal Section of the State Commission of the Yugoslav National Commission for Investigation of War Crimes was found in the collection of Josef Getz, a former member of the German Wehrmacht. It was posted on January 6, 1941, by the German occupation authorities in Serbia. Your Honors will note it is printed in both the German and Serbian-Croatian languages. The text reads as follows:
"The irresponsible acts of the bandits cause the greatest troubles to the Serbian people. Many innocent people have to suffer for it.
"Bandit warfare is contrary to international law and compels the German Wehrmacht to use the most severe measures. The Wehrmacht has only the good intention of preventing the downfall of Serbia.
"The German Wehrmacht is not responsible for the misery being caused to Serbia. The following measures will be carried out and are hereby announced publicly:
"If a German soldier is killed in an attack, 100 Serbs will be shot. Any family providing bandits with shelter or food will be shot, the house burned down, the property confiscated by the Wehrmacht.
"For each demolition attempted or carried out 50 Serbs will be shot. If German soldiers are fired on from a village, the village will be burned down, the male population arrested, and every other man shot. The property will be confiscated by the German Wehrmacht.
"Anyone who fails to give information about bandits, or gives false or delayed information, will pay forfeit with his life and his family will be imprisoned.
"Whoever favors or aids communists in any way pays forfeit with his life."
The poster is dated 6 October 1941, signed "The Commander of Post Headquarters".
Your Honors will recall on the date October 6, 1941, General Boehme was Commanding General in Serbia, subordinate to the Armed Forces Commander Southeast and Commander-in-Chief Twelfth Army, the defendant List, whose Chief of Staff was the defendant Foertsch.
The next document, Your Honors, is a series of documents which we have again received from the Yugoslav National Commission for War Crimes. They are documents which were captured in Yugoslavia or else documents which were a part of the files of the Yugoslavian partisan movement during the German occupation. The first is headed "Independent State of Croatia". Headquarters, Field Gendarmerie Regiment, dated Banja Luka, 1 September 1941, sent to the Main Security Department of the Independent State of Croatia.
THE PRESIDENT: What exhibit is this?
MR. FENSTERMACHER: I beg pardon, it is offered as Exhibit 552.
THE PRESIDENT: It is Yugoslav J-116?
MR. FENSTERMACHER: That is correct, Your Honor. And I suggest we paginate the first document pages 1 and 2 in both the English and German and call it 552/1.
This is dated Banja Luka, 1 September 1941:
"The head of the Gen. Station Skender Vakuff in his written report dated 20 August 1941 notified as follows:
"The aggressors had five-cornered red stars on their sleeves, caps, and hats."
I direct Your Honors' attention to the date of the document, 1 September 1941.
The next document should be marked pages 3, 4, and 5 in the English and German document books, and should be marked Exhibit 552/2. This is a bulletin of the Supreme Command of the Yugoslav People Partisan Units of Liberation. It is dated October 1, 1941:
"Official Order.
"It is requested that all headquarters and commandants of partisan Yugoslav units have immediate measures in order to provide all partisans, as far as it is possible, with uniform clothes and appropriate insignia oh the caps:
"1. Throughout Yugoslavia partisans have to wear on the caps the anti-fascist insignia: red five-cornered star.
"2. In Serbia, apart from the red star, partisans have to put a Serbian tricolored band, 3 cm long and 1½ cm wide. The band is to be put below the star, in horizontal position.
"3. In Bosnia and Herzegovine, apart from the red star, partisans have to wear on their caps above the red star a Croatian tricolored band in the form of a triangle.
"4. In Croatian areas, where the population is pure Croatian, partisans have to wear apart from red star, Croatian band tricolor below the star. In the areas where Serbian and Croatian population is mixed, partisans have to wear, apart from the star, Serbian and Croatian band tricolor of the same kind as in Bosnia.
"5. In Slovenia, apart from the red star, partisans have to wear Slovenian band tricolor below the star.
"6. In Montenegro, apart from the red star, partisans have to wear Montenegro tricolor below the star.
"II. All partisan headquarters and commandants have to take immediate steps in order to provide their units with national banners. In the middle of the colors is a five-cornered red star.
"The headquarters of the Supreme Command of the People Partisan Units of Liberation has following banner: red, with Yugoslav tricolor and five-cornered star in the right upper corner.
"III. Salute for all fighters of the National Movement of Liberation is a tight fisted hand put at the temple."
Signed "For the Supreme Command of the Yugoslav People Partisan Units of Liberation, Tito."
Then follows the certification by the head of the Legal Department of the State Commission that this is a true and correct excerpt of the original bulletin issued by the Supreme Command of the Yugoslav National Army of Liberation.
THE PRESIDENT: Before you proceed any further, Mr. Fenstermacher, may I inquire as to whether or not you are in a position to tell us when the prosecution will complete its case?
MR. FENSTERMACHER: I believe, Your Honor, we will be able to finish sometime tomorrow afternoon. There are only two or three more documents to be inserted and Document Book 25, which I think we can put in tomorrow afternoon.
THE PRESIDENT: That being true, I suggest the Tribunal will discontinue the reading of any further documents at this time. We have some matters which I believe should be called to the attention of counsel for the prosecution and the defense. There was submitted to the Tribunal yesterday a memorandum presented by the prosecution in connection with Exhibit 338-A. Heretofore, the Tribunal refused to admit this document. The memorandum as presented gives certain reasons why it should be admitted and we have given consideration to this document as submitted, rather the memorandum. Inasmuch as this is a captured document and applies somewhat to the questions involved, it will be admitted subject to the statement that the Tribunal will give it such consideration as it deems it merits when it shall give full and final consideration to the full record. That completes the matter of the Exhibit 338-A.
Inasmuch as we are coming down near the close of the prosecution's case, I have certain things which I believe should be commented upon. In order that there may be no question as to where the documents are and what may have happened to them, will the Deputy Secretary General advise me in the morning, or the Tribunal, as to whether or not all documents have been returned to your office that may have been offered in evidence?
I should also like to be advised by the prosecution and the defense counsel as to whether or not there has been a ruling made by the Tribunal on all applications that have been submitted to it. Now, I know there are one or two in my office which are in the process of being handled and disposed of, but in order that nothing will be overlooked I would like to have counsel both for the defense and the prosecution submit a list of any applications that have not been ruled on by the Tribunal.
The third matter I think perhaps should be brought to the attention particularly of the defense counsel is that we have received, as a result of conversations and requests, what might be termed a bibliography or a list of books, articles, and authorities which bear upon the case that is now being tried. There are no quotations, just a list of the books and a list of articles and authorities. The Tribunal is of the opinion that this fact should be called to the attention of the defense counsel and perhaps they may be in a position also to furnish us a list of books or articles, we hope in English, that we may read during the next month or so, and prepare so that we may make a proper decision in connection with this case.
I am calling this to your attention so that you may submit to us, if you care to, not quotations from these articles, but the list of the articles themselves. At a later time if you wish to submit a brief quoting from these articles we will be happy to receive that. If you can submit such a list or care to do so - that refers to any English documents or translations from German documents or any other publications that may have been translated into or published in English -- we will appreciate it.
The Tribunal will adjourn until tomorrow morning at 9:30.
(Thereupon an adjournment was taken until 0930 hours, 28 August 1947.)
Official Transcript of the American Military Tribunal in the matter of the United States of America, against Wilhelm List, et al, defendants, sitting at Nurnberg, Germany, on 28 August 1947, 0930-1630, Justice Wennerstrum, presiding.
THE MARSHALL: 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: The Marshall will ascertain if all defendants are present in the Courtroom.
THE MARSHALL: May it please Your Honor all defendants are present in the courtroom.
THE PRESIDENT: Judge George J. Burke will preside at this days session.
DR. LATERNSER: Your Honor, I just want to submit a request from the defense counsel as follows: Before the Tribunal rules on the duration of the adjournment I request that the defense be heard on this point once more.
JUDGE BURKE: The Tribunal will be glad to entertain the views of defense counsel presented briefly.
DR. LATERNSER: (For defendant List.) Your Honor, I shall try to be as brief as possible. In the preparation for tho defense it is first of all of tho greatest importance to know whether the defense counsel will be in a position to send two delegates to Washington, or whether the material will be brought to Nurnberg by the Prosecution. If it should be possible to send these delegates to Washington, then a normal time should be taken as a basis which is necessary for the trip itself, and for carrying out of the task in Washington. Then the result of the investigation of the files would have to be made use of in order to be put down in the form of document books.
This will take a considerable period of time, and I believe that the defense can only then start to work once it has its own document books in its hands, in order to determine the course its defense will take.
Your Honor, I want to point out the following points, for even if, which we do not hope, we should not be able to carry out this trip, the defense cannot start before the expiration of four weeks. As a sample reason for this, I have made inquiries from colleagues who are acting as defense counsel in a common trial, and I was told that from the time the document book in German is submitted it takes three weeks until the defense counsel has come into the possession of the necessary copies, and into possession of the necessary copies, and into possession of the document book translated into English. That is to say, from the date the document hook has been submitted at the competent quarters it takes until the carrying out of the technical processes, the multigraphing and translations, at least three weeks.
I have already drawn the Tribunal's attention to the fact that we, as regards the procuring of evidence, are experiencing the greatest difficulties. The time mail takes and the return of an affidavit which we have requested, all takes considerable time. For instance, when making inquiries in Austria where some of the witnesses live, only a very few answers were returned. We were told, for instance, that a questionnaire which we had enclosed had not arrived, this was apparently taken out by the censorship or some other authorities.
JUDGE BURKE: Will you repeat your observation about the abstraction of things from your communication?
MR. LATERNSER: I said that letters which we had, for instance, sent to Austria and which had contained questionnaires and instructions how to make affidavits, the enclosures were taken out of the envelopes. Whether they were taken out by the censorship or some other postal authorities, I don't know. We have gotten word that the letters arrived, but not the questionnaires.
After all, the prosecution only started its case on July 15, and only five to six weeks have elapsed up until now, and the time is not sufficient for us to get all our evidence.
I should further like to ask you to take into account, that during the whole duration of this trial the climatic conditions were very unfavorable for mental activities. All those concerned in this trial know how tiring these sessions have been. The defense counsel only had time in the evening between 1800 and 2000 hours during which they could talk to their clients, not only the defense but also the defendants, who are also in most cases of an advanced age, were so tired that the time at their disposal could only be used for discussion of current matters which had just happened in the trial. A preparation of the defense was not possible in this time in the measure required.
It would be interesting for the Court to find out under what conditions we have to work. The rooms in which our discussions take place are as well equipped as they could be equipped under the conditions obtaining here. But we are certainly confined, and the room was exceedingly hot during that time we discussed these matters, so it was very difficult to carry them out at all.
Another point which I want to make here, the Prosecution has arranged its evidence in a chronological order, I certainly don't want to criticize this arrangements but I am of the view that a purely chronological order is hot something which eases the work of the defense. May I just quote one point, if for instance the defense wants to refute a statement of the prosecution which stated that the bands appeared in uniforms, the defense must look for the material offered in this context, not in one document book but may have to go through all the 25 document books in order to extract what may be of use to itself. The way the subject matter of this trial was ordered, this chronological arrangement, has made things exceedingly difficult for the defense.
I can only explain to the Tribunal that a briefer adjournment than four weeks would provide the greatest difficulties for the defense in this connection.
I ask the High Tribunal to take into account that the defense itself only began its case after the prosecution had finished its preparations, and as far as I know the prosecution had at least one year at its disposal to make its preparations. For this reason the defense cannot be expected to cope with 25 document books in a period of time of about two weeks. I believe that according to the principles of justice it is justified that the defense obtain at least four weeks for the preparation of its case.
DR. RAUSCHENBACH: (for the defendant Foertsch) Your Honor, may I permit myself to add one point to what my colleague, Dr. Laternser, has said. I am referring to the translation of the document books. As defense counsel in Case IV against Pohl and others, I have observed how unfavorable it may be and at least how difficult it is if the defendants sitting in the first benches of the dock at the beginning of the evidence are not in a possession of the document book, that is, their document books have not been translated. If the documents are given later, that is after the defendant has been for sometime on the witness stand, then the case is so severed that it is very difficult to present it to the court in some kind of completeness, and since the material cannot be submitted in a unified form it is to be feared the defense cannot present its case in a successful manner. For this reason, too, the adjournment should be extended until such time as those defendants who appear on the witness stand at the beginning, are in possession of most of the translated documents, so that they can be used when these defendants are testifying. This does not exclude that further document books or additions are submitted at a later date.
DR. MENZEL: (For defendant Kuntze) Your Honors, I want to add to the reasons which my colleagues have presented here, one point which often appears, and which is additional to the previous reasons. I have, for instance, found a witness who was a Yugoslav National, and for that reason knew well the conditions in the Balkans. I have written to him and this witness answered, and a number of points in evidence were submitted by him. When I wrote to him the second time in regard to an affidavit he refused all statements, and the reason he gave was that he was afraid of reprisals. He writes to me that he is still a Yugoslav National, that his dependents are still living in Yugoslavia, and he adds "how can ho under such circumstances state or testify without hindrance, in view of what might happen to my family." He writes further "who can give me a guarantee today that my statements do not bring distress to my family and my acquaintances and friends." I could submit further points from this letter which are of a much grosser nature, but I want consciously to avoid this. You will surely see from this, the psychological difficulties with which the witnesses have to contend, and I don't have to tell you how long it takes to overcome these obstacles and to dispel the doubts of these witnesses, and to convince them they will not be prosecuted because they tell the truth before this Tribunal.
DR. FRITSCH: (for the defendant Rendulic) I only want to mention one quite brief point. My colleagues have spoken about the difficulties of procuring witnesses. But there are other difficulties as well which should be possible to overcome quite easily. First of all, I must state that the prosecution has certainly endeavored to help us by making material available to us as far as it seemed expedient to the prosecution. I applied for, and the Tribunal has granted it to me, that the bandit regulations of 1942 should be handed out to us. These bandit regulations are necessary for us. These bandit regulations have been submitted by the prosecution to one or another of the defendants, but now they can't get hold of them. And it is necessary for me now to take up a lot of writing work, and even to travel in order to obtain these regulations.
In order to submit them to the Tribunal. Apart from these regulations other material also has to be submitted, and I should like to ask the Court to consider that a journey, only for instance to Hanover, that is a distance which took two days formerly requires at least a week under today's conditions. Here again there are considerable difficulties present, which in the six weeks which have been at our disposal from the date when we heard of the prosecution's charges, could not be overcome. We need for these things the time limit which we have requested.
JUDGE BURKE: Are there other remarks from defense counsel on the subject?
(No response.)
Mr. Denney, the court would be pleased to have your views with the same limitation of brevity which I suggested to the defense counsel.
MR. DENNEY: If your Honor please, I don't think we should try to tell the Court how long defense counsel should take. I should like, however, with reference to Dr. Fritsch's remark to make this comment, he requested the regulations of which he spoke. We did not oppose the request. We as yet have been unable to find them. We are trying to find them. I saw Dr. Fritsch in the hall last night, and I suggested that he go to the document room -- or perhaps it was his assistant, Dr. Jagwitz, -- I suggested he go to the document room with the blank, that is the blank form filled in which indicated we had approved the request, and he asked me where the document room was. This in the sixth week of the trial, the indictment having been served in early May. Now we are doing everything we can to get the book for him. I have never seen it myself. I don't think it is relevant. But we have not objected. We have said he can have it. I certainly think when he gets up and makes a statement with reference to application they make, he should state all the facts to the Tribunal, and not indicate by under-statement that we are complying insofar as we find it expedient, because that is certainly not our attitude and we are not trying in any way to forestall them or impede them.
JUDGE BURKE: The Tribunal will make an announcement on the matter after the noon recess.
You may proceed, Mr. Denney.
MR. DENNEY: Thank you, your Honor. If your Honors, please, I should like to state that I have been very remiss with reference to the Greek documents. It suddenly occurs to me they have no page numbers in the document book. Of course, the documents are all separate by number, and they are all paginated within themselves. However, I shall endeavor to work out some arrangement whereby we can run them serratim at the close of the document book, where they were offered, which I believe is 21, and as soon as I work something out if we are still here, I will make a statement on the record, and if not I will send a memo to all Your Honors' secretaries so that they can be advised, and I will personally explain the pagination problem to them, and also the Secretary General.
JUDGE BURKE: Very well, Mr. Denney. You may proceed.
MR. DENNEY: I am sorry that has happened. If your Honors will recall that at the time the first part of the Yugoslav report, which was Exhibit 100, was put in evidence, there wore certain portions which I agreed with Dr. Laternser in Yugoslav to have translated to German, which we were not using. People speaking Yugoslav, German and English are somewhat few and far between locally, and we have now been able to get copies of them, and for the convenience of defense counsel I will give them two copies of each of the additional German portions, and will hand one copy to the Secretary General. This is the balance, Dr. Laternser which I am giving you now. I believe it will be apparent from the material as to what it covers. And Dr. Laternser agreed, on behalf of the defense counsel, that we did not have to submit the long list of names that were in the reports. There were several pages of names and he said that it would be all right to omit them.
PRESIDING JUDGE BURKE: Is that your understanding, Dr. Laternser? Dr. Laternser indicates that it is his judgment as well.
MR. DENNEY: And this is for the Secretary General. This is the balance of the exhibit. Now, with reference to the exhibit which was appended at the end of Document Book 21, I now have a final page for each of Your Honors' document books, which should be put in instead of the last page which is presently there. I believe tho exhibit number is 498-A, and I'm sorry I don't have the page number. The only think is to list these brief documents here which I neglected to do.
PRESIDING JUDGE BURKE: 498-A, Mr. Denney?
MR. DENNEY: Yes, Your Honor. That's that sheet that we always put in at the close of the document book. That's the one from Document Book 21, and this page should be substituted. I have copies here for the translators and interpreters and for the Secretary General, and the defense counsel copies will be right up. I just sent for those. This one which goes at the close of Document Book 22 should be marked "510-A for Identification" and called Page 27. And then on the next document book, this should be marked 525-A and inserted at the close of Document Book 23, and there again I have neglected to paginate the certificate of General Taylor's which is Exhibit No. 525; and I will do that and then advise tho Court as to the page numbers which this should get. Your Honors will notice one thing--that is at the close of Document Book 22 there is an Exhibit 510, which was the Norwegian film, and at tho beginning of Document Book 23 there is another Exhibit 510, which is Norway 13B. Well, 13B is the sub-title of Exhibit No. 510. That is the reason that it is done that way. The other copies for defense counsel of the insert in Document Book 21 have not been received; however, rather than delay the Court I will withdraw, and I shall be sure that they get the balance of these copies this morning. It should be a matter of moments until they get here. Mr. Fenstermacher will continue with the last document book.
MR. FENSTERMACHER: If Your Honors please.
PRESIDING JUDGE BURKE: You may proceed, Mr. Fenstermacher.
MR. FENSTERMACHER: Thank you, Your Honor. Yesterday, prior to the adjournment, we were discussing some Yugoslavian documents which had been given tho Exhibit No. 552, and we had completed, I believe, the first two of those portions of Exhibit 552,--one and two. Now, if Your Honors will turn please to Page 6 of Exhibit 552--this will be Exhibit No. 552/3. Do Your Honors have it?
PRESIDING JUDGE BURKE:NOKW-1660?
MR. FENSTERMACHER: No, Your Honor, this is a Yugoslavian document. J-116 is on the cover page of the document. This is a report from Police Headquarters Sarajevo, dated Sarajevo 20 October 1941. Tchetniks in Srednje wear uniforms like our soldiers. The only difference is that they wear stars on headgears." And the report is signed "Police Chief." Certification on the document is to the effect that "this is a true and correct excerpt of the original document, captured by the Yugoslavian Army of Liberation in files of the Main Security Department of the Independent State of Croatia." We call Your Honors' attention to the date of the document, 20 October 1941. Turning next then to Page 8 of this exhibit, document labelled Y-114. It can be identified more readily as Exhibit No. 552/4. This is an order from the Headquarters of the Kalinovic Detachment of tho People Partisan Army of Liberation, dated 28 October 1941, Treskavica, sent to the Headquarters of the Precansky Battalion.
In compliance with the general order of the High Command of the Partisan Detachment of Bosnia and Herzegovine, all partisan units have immediately to give allegiance.
Accordingly, your Hqs. has to do so without delay. Enclosed are several copies of allegiance text. Before giving allegiance partisans should be instructed about its contents and meaning. Commanding officer and political commissar, or at least one of them, have to be present at the ceremony.
New partisans joining detachment after given allegiance have to be immediately instructed about the contents of allegiance obligations and meaning of it, and have to give allegiance also.
Insignia and Salute. In Serbian areas of Bosnia and Herzegovina our banner is Serbian and in Croatian areas - Croatian, with the five-cornered star in the middle. Five-cornered star with Serbian respectively Croatian, band tri-color has to be worn on headgear. Salute - tight fisted hand as follows:
Military: fist at temple Civilian:
fist slightly above shoulder (Circular of the High Command of the Partisan Detachment of Bosnka and Herzegovina, dated 19 Oct.
1941.)
Banners will be supplied as soon as we receive them. If impossible to provide partisans with insignia -- send request to our Hqs.
Regards Death to fascism - Liberty to the people.
Pol. Commissar Commandant Scepan Rade The certificate of the Head of the Legal Department of the State commission is to the effect that "this is a true and correct excerpt of an original document issued by the Headquarters of tho Kalinovic Detachment of the Peoples Partisan Army of Liberation."
And again I call Your Honors' attention to the reference in the document to insignia and to the date of tho document, 28 October 1941.