It's purpose is more in the nature of impeachment and an attack on the credibility of the prosecution's evidence than defensive in the strict sense.
The prosecution is obligated to comply with the order to produce the documents and diaries in accordance with the previous ruling of this court at as early a date as possible in order to escape the alternative therein stated. We do not hereby intend to recede from the effect of that order.
We do feel, however, that the defense should be prepared to present its opening statements on September 12, 1947 at 9:30 a.m. and with the presentation of evidence of September 15, 1947 at 9:30 a.m. This order is subject to the consideration of any changed conditions which may arise subsequent to this date.
You may proceed.
MR. DENNEY: Kay it please your Honors, with reference to Exhibit 525, which was the certificate of General Taylor dated 22 August with the attachments, which is the last document in Book XXIII, if that could be paginated from 90 to 97 inclusive -- that's exhibit 525, Book XXIII pages 90 to 97 inclusive --- and then 525 which is the insert which was given to the Court this morning -- then we get on to pages 98 and 99. That disposes of it with reference to the Greek report, your Honors. I find that we have already inserted at the close of Document Book XXI Exhibit 493 which is the usual insertion for identification at the close of the document books and, in view of the tickness of the Greek report, I was wondering if the Tribunal would find it convenient to just out it in an evelope which we will be glad to furnish if the Tribunal doesn't have them.
PRESIDING JUDGE BURKE: The Tribunal sees no objection to that procedure.
MR. DENNEY: That will be fine, your Honor, and then if we just label it, "The Greek Documents" and carry it along with Book XXI -- and in that list of Greek documents will be Exhibit 4991 which is the letter with reference to the concentration camp Chaidari, Exhibit 4992 which is an affidavit of 5 May 1945, Exhibit 4993 which is the report of the findings of a Greek Tribunal of 3 December 1946, Exhibit 4994 which is the sound -- that is withdrawn -- which is the list of subtitles of the Creek film, 4995 which is the certificate of Dimitrios Kosapoulas, and 4996 which is an affidavit; and then we won't have to bother to paginate those.
MR. DENNEY: In connection with the statement made by Dr. Fritsch, counsel for defendant Rendulic, this morning concerning the 1942 publication, "Directions for Combating Bands in the East," I have here a photostatic copy of it I now hand to the associate counsel for defendant Rendulic.
If Your Honors, please, that I believe takes care of the outstanding questions with reference to the document, except for Mr. Fenstermacher's conclusion of this book.
JUDGE BURKE: You may proceed, Mr. Fenstermacher.
MR. FENSTERMACHER: Prior to the luncheon recess, we had concluded NOKW-1752, which was admitted in evidence as Exhibit 564, and we turn now to page 31 of the English and page 25 of the German, NOKW-1753, which is offered as Prosecution Exhibit 565. This is a report from the Military Commander Southeast, dated 1 December 1943. Your Honor will recall at that time General Felber was Military Commander Southeast, and the defendant Geitner his Chief of Staff. The report is a Daily Report for 1 December 1943, and is sent to Army Group F, commanded at that time by the defendant Weichs, Chief of Staff of the Defendant Foertsch.
In the section of the report dealing with defense in Serbia, I call your Honors' attention only to the last paragraph of the report:
"In retaliation for an attack on the train Negotin-Nisch (See Daily Report for 27th October) 27 Communists reprisal prisoners were shot."
This report is signed "Military Commander Southeast.
Page 33 of the English, page 26 of the German, NOKW-1766, is offered as Prosecution Exhibit 566. These are reports from the Plenipotentiary of the Reichsfuehrer SS for Croatia. First is a Situation Report for the month of December 1943, which is dated "Local Headquarters 4 January 1944", Your Honors will recall the commander of the German troops in Croatia at this time was the defendant Rendulic.
..... Situation Report for the month-December 1743 An over-all view of the band situation in the Command area especially stressing the existing centers of bands.
. . . . .
The morale among the individual groups of bands differs. In areas which they have conquered and which they have been able to maintain, the positive morale has been essentially preserved. In these areas too propaganda activity (meetings, leaflets) has developed in a lively way. A propaganda directed against the new orientation of the Draja Minajlovic movement (compare Enclosure 3) has come to the fore. Organization, as far as the administration of the so-called liberated area is concerned, has made further progress by the establishing of Gendarmerie posts, law courts, post offices and railway service. It appears important to the bands to establish a well functioning communications and postal traffic (compare Enclosure "). In areas where attacks by bands on towns and villages have miscarried, (Virovitica, Djahovo, Slatina and Gorjani) the bandits are in a comparatively depressed mood.
An intensification of the Communist propaganda is especially conspicuous since the establishing of the Provisional Government of Tito - headquarters in Siprage 30 kilometers northeast of Jajee - became known. The efforts of the bandits to give to their combattants practical instructions for the conducting of the fight of liberation of the people has become especially apparent.
. . . . .
I think we may skip the last portion of this document, and pick up on page 34 of the English and page 27 of the German at the bottom "Total Losses for the last month": Your Honors will notice the totals under "Own Losses", - 451 Fallen in Combat; 548 Wounded; 619 Missing, 14 prisoners.
.....Enemy Losses:
The enemy losses for the period covered by the communique were reported as 696 counted dead and 1423 estimated dead, 147 prisoners were brought in and 2 hostages executed.
. . . . .
Police Area V (Zagreb) On 28 November 43 the Gendarmerie, District Cazna A 808 was attacked by strong forces of bandits.
During the relief attempt made by the 3./P.G.V. it was obvious that the bandits no longer content themselves with small local actions but that they want to achieve great successes for the prestige which these would yield. The bandits appear with strong forces (8000 to 10000 men) they are well equipped and have ammunition in abundance. In view of this situation one can no longer speak of a war of Partisans in the ordinary sense. The combats fought here are combats against a regular enemy militia which is uniformed and has good arms at its disposal. The leadership too is in the hands of military experts. During these combats it can also be seen that the forces of the country participate with interest and enthusiasm, but that the majority of the Croatian Wehrmacht however is unreliable.
. . . . .
In the month of December the village Lug A 519 was attacked and fired upon several times by strong forces of bandits, aided in part by tanks and artillery. On the 20 December there was also an attack on the Gendarmerie district Samober A 519.
From the attacks on both villages mentioned above the intention of the bandits of cutting off Zagreb according to plan, from the frontier of the Reich, in order to cut its supplies can be recognized.
There is no doubt that all those operations of bandits are directed from a central office.
4.) Special experiences or information on the subject of banditry.
We refer to the general part of the report. In the course of our own operations it was found that all essential operations of the bandits were synchronized and directed from a central office. As in the previous month they preferred attacks on larger towns and carters of economy which were carried out with considerable forces, as a rule with 3 to 5 Brigades of bands, that is, with 2 to 6000 bandits. Hereby it was found that the most powerful units of bands were used tactically in a very clever fashion to ward off relief troops.
In addition to the usual road blockades, barricades and fortified field positions the bandits have recently also laid mine blockades mainly with the purpose of preventing the use of patrol cars and tanks.
. . . . .
Then the report is signed "Kammerhofer" Gruppen and Major General at the Police. He was plenipotentiary of tho Reichsfuehrer SS for Croatia.
At the bottom of page 37 of the English and page 29 of tho German is another Situation Report from the same man, Kammerhofer, Plenipotentiary of the Reichsiuehrer SS for Croatia, Situation Report for the month of January 1944.
..... Among the bands a certain combat weariness seem to be visible less on account of the influence of the weather but more on account of the lack of success which the bands themselves expected. The reconstruction in administrative and economic affairs plan ned together with the reconstruction of the Communist party and an enlarging of general propaganda in the band area has made certain progress, however, the reconstruction is evidently too much in its infancy to determine already especially favorable effects for the bands.
The terrorizing of the population continues. A strongly intimidating effect eminates from the intelligence service of the bandits which serves the special purpose of reaching all adversaries of the bands in order to deliver them to the bandit courts when the band units arrive. It is remarkable that with the existence of such commissions for the liberation of the people, such courts are organized the activities and competency of which are codified in a species of judicial organization.
. . . . .
I think we need not read the remainder of this report at this time, Your Honor, except for pointing out on Page 40 of the English, page 30 of the German, under "Total Losses of the Last Month", under"Own Losses", -- this is on page 40, -- 517 fallen in combat; 626 Wounded; 647 Missing; 17 Prisoners.
Under "Enemy Losses":
"The enemy losses during the period covered by the communique were reported as 946 counted and 140 estimated dead, 400 prisoners were captured and 4 hostages executed."
Then page 42 of the English and page 31 of the German, the last paragraph of the report, Paragraph 5, Sub-paragraph b), "Persons transferred for work separated according to sex:
The following were transferred to the offices of the German Plenipotentiary for the utilization of labor:
Men: 47 Women:
20 In All:
67."
This report is also signed "Kammerhofer, SS-Gruppenfuehrer and Major General of the Police."
On page 43 of tho English, page 33 of the German, is another Situation Report of the plenipotentiary Reichsfuehrer SS for Croatia for the month of April 1944.
Under Total Losses of the last month, "Own losses," 710 fallen in combat; 855 wounded; 678 missing, 22 prisoners.
"Enemy losses:
The enemy losses for the period covered the communique are reported as being 619 counted and 450 estimated dead, 270 prisoners were captured, 69 hostages were executed," On the last page under "Police Area V (Zagreb)", Sub-Paragraph B) .....Police Area V _(Zaggreb) . . . . .
b) Persons delivered for work separated according to sex:
The following persons were transferred to tire offices of the German Plenipotentiary for the employment of labor:
Men: 39 Women:
4 Together:
43 . . . . . . . . . .The report is again signed "Kammerhofer".Turning next to page 45 of the English, page 35 of the German, Document NOKW-1769, which is offered as Prosecution Exhibit 567.
These are several Daily Reports from the 15th Mountain Corps to the 2nd Panzer Army.
The 15th Mountain Corps was commanded by the defendant Leyser, and the 2nd Panzer Army by the defendant Rendulic.
On the bottom of page 45 of the English, page 35 of the German, is a Daily Report 15th Mountain Corps to the 2nd Panzer Army, dated January 27, 1944.
"Because of blasting on the road northwest of Sisak (25 January) 22 hostages were hanged on the site of the blasting."
The report is signed "15th Mountain Corps."
Next on page 47 of the English, page 37 of the German, NOKW-1770, which is offered as Prosecution Exhibit 568. This is a report of the Corps Headquarters, 15th fountain Corps and Enclosure to War Diary. Released to "Niberlungenfahrt" 114th Infantry Division, 13 January to 30 January 1944. Also "Dreznica", 23 January to 29 January 1944.
I call your Honors attention only to the portion of the report which deals with the activities of the 114th Infantry Division, on page 48 of the English and page 37 of the German.
The following was destroyed in Dreszuica: 20 bandit quarters 1 complete printing outfit and an ormury. In Mosune: A hospital with 50 beds, a sawnill including the machines 4 baracks sinsisting of billets and workshop, ammunition and food depot. Own losses: 3 dead 10 wounded.
And next on page 49 of the English, page 38 of the German, NOKW1768, which is offered as Prosecution Exhibit 569. This a report from the Quartermaster of the 15th Infartry Corps to the Quartermster 2nd Panzer Army.
"Total of Prisoners of war on 1 Jan 1944 1. Prisoners of war Total 1418, of these Italians:
2. Officers, 1 physician, 1296 men."
Under Paragraph 3, 3 Hostages:
Total 27, of those Serbs: 11 men Croats:
13 men and 3 women.
The report is signed "XV Infantru Corps, Qu 130/44 of 20 January." The 15th Infantry Corps was commanded at this time by the defendant Leyser, and the 2nd Panzer Army by the defendant Rendulic.
On page 50 of the English, page 39 of the German, NOKW 1772, which is offered as Prosecution Exhibit 570. These are a series of orders and reports from and it the 2nd Panzer Army and the 15th Mountain Corps.
The first report is from the 15th Mountain Corps, dated 4 February 1944, sent to Headquarters 2nd Panzer Army, and to various other units with which we are not particularly concerned.
This is the 2nd Supplement to the Daily report for 4 February 1944. I call Your Honors attention to the first line under the Supplementary Report, 1st Mountain Division:
"During the reported fighting on 2 February 74 enemy dead in British uniforms."
Then dropping down to the "Concluding report on Operations at Dreznica."
"156 enemy dead, 16 prisoners, 25 horses dead; 11 machine guns, one light mortor, 1 truck, 1 motorcycle, 1 car, food and fodder captured.
"The following was destroyed: 20 band billets, 1 complete printing shop, 1 armory, 1 hospital with 50 beds."
I think we need not concern ourselves with the remainder of the report, and will turn next to page 5 of the English and page 40 of the German, Daily Report fro the 15th Mountain Corps 8 February 1944.
"392nd Division:
Mission; Attack with one battalion each on village 10 km. North and 8 km. Northeast of SENJ and on the area northwest of RINKE with rather weak forces. Advance on NOVI and East of BRINJE. Occupation of SV. JURAJ (km South of SENJ). Retaliation measures in return for attack on Battery Commander Northeast of OTOCA."
The report is signed 15th Mountain Corps.
At the bottom or page 52 of the English and page 41 of the German, is the 15th Mountain Corps Daily Report of the 2nd Panzer army 9 February 1944.
"Cetnik reconnaissance detachment on 7 February met small band North of Skradin, 15 prisoners, of these 12 wore shot 3 released."
I call your Honors attention to the date this appears, 9 February 1944.
And out of the same report on the next page, under "Activities of the 392 Division."
"In retaliation for the stabbing of an officer the Western sector of PODUM 3.5 km. Northeast of OTOCAC) was taken in spite or resistance and burned down."
The report is signed "15th Mountain Corps."
Page 53 of the English, page 42 of the German, is message from the Commander in Chief of the 2nd Panzer Army to the Commanding General 15th Mountain Corps.
The 2nd Panzer Amy at this time, 28 December 1943, was commanded by the defendant Rendulic and the 15th fountain Corps by the defendant Leyser.
"I hold the following view in regard to the train of thought contained in above mentioned reference. I request that my remarks be made the unequivoal basis for the future conduct of the war by Corps Headquarters."
On the basis of orders issued it has always beeobvious that the coast is the main line of resistance, hence the "main front", and that furthermore not the protection of supply lines and combating of bands in the Interior is of primary importance, but always the fortification and defense of the cast. If troops within the Corps area had another assignment and this resulted also, with regard to construction of positions along the coast, that the fortifications face the rear, the Corps itself should already have made the necessary corrections on its own a long time ago. And I expect, that this will be done in the future with all energy.
Likewise the attitude of all headquarters towards Balkan politics is finally to be oriented in the sense of the orders issued. If necessary, I expect that an example will be made in order to demonstrate most effectively to all headquarters the necessity to comply with orders issued also in this sphere.
The present conduct of the war to eliminate the threat of bands is primarily dependent on the strenght of available forces. The main target of the fighting must be the armed forces of the enemy. Accordingly, operations must be conducted is such a manner that the armed forces of the enemy are caught destroyed, or at least seriously damaged. Furthermore, in addition to weakening the enemy by means of operations, disturbance of peaceful organizing activities, destruction of supply installations, such as hospitals, ammunition depots, etc. must be effected.
Hence under present conditions the fight is not to be conducted to seize terrain but with the aim of damaging the strenght of the enemy." I think we need no road much more of this report, Your Honor but turn to page 56 of the English and page 44 of the German, in the middle of the page, to paragraph "To VII."
To VII:
If is it stated that the aim of the operations had not be accomplished, then this is incorrect, as soon as it is established what was intended with these operations. The purpose of the operations so far (weakening the fighting strenght of the enemy, interference with is organizing activity) had not only been fully accomplished but showed unexpected large results. Between 1 September and 31 December 1943 the enemy lost 30,000 counted dead and 12,000 prisoners.
If for every dead one counts one wounded, net convalescing within reasonable time considering conditions among the bands, and considenable time considering that in many cases numerous dead were excluded from our own count, enemy losses of 80,000 men must be assumed. In addition numerous hospitals, field bakeries, and enemy supply bases were destroyed.
And the message is signed, page 57 of the English, page 44 of the German, by Rendulic.
I think we may skip the intervening pages, and burn next to page 59 of the English, page 46 of the German, Daily Report on the 15th Mountain Corps for 29 January 1944.
"373rd Division:
Band movements in the area PRIJEDOR. Railway Line PRIJEDOR -N0VI again blown up, work interrupted by employment of martars. Area RUDICEOTO 29 hostages taken on both side of the railroad."
I think, if Your Honors, please, at this time and might omit reading into the record the intervening pages and turn instead to a new document, which is on page 65 of the English, page 49 of the German. This is document NOKW 1667, which is offered as Prosecution Exhibit 571.
These arc a series of reports from the 68th Cor, s to the Army Corps R, veering the covering the period February to May 1944. During all this period the defendant Felmy was in command of the 68th Corps.
Page 65 of the English, page 49 of the German, Daily Report 68th Corps, submitted on the 18 January 1944.
Peloponesus:
"In reprisal for an attack on 1 Officer (11nd Battalion 670th artillery Regiment) 20 Communist were executed in the area of Rhizaes (12 km Southeast Rropolis)."
The report is signed 68th Mountain Corps.
On page 66 of the English, page 50 of the German, Daily Report of 68th Corps, submitted on 8 February 1944:
"Peloponnesus:
Attack on Navy Truck Column rear Skala. Reprisal measures: carried out by 1st Company 111rd Battalion of the 999th 1 Platoon of Operational Staff Heinrich, Headquarters Company of Operations Reserve and 2 Platoon from 609 Naval artillery Battalion. The village Skala, Christofileika, and Tsukaleika, were destroyed. 100 Communists shot."
Turning next to page 68 of the English, page 52 of the German, Daily Report of 68th Corps, submitted 25 February 1944 to High Command Army Group E, Peloponnesus: (117th light Division:
2. In return for and attack (see paragraph 2 of the daily Report for 24 February): the following reprisal Measure;
a. ) Shotting of 200 hostages from hostage camp Tripolis at the scene of the allack.
b.) Martial Law in Tripolis and Megalopolis during day and night till 7 March inclusive. No civilian allowed on the street ruthless use of arms.
The report is signed "68th Corps,"
MR. FENSTERMACHER: Turning next to Page 70 of the English, Page 54 of the German, is the Supplementary Report from the 68th Corps, transmitted to Army Group E on the 12th of March 1944, Subject: Supplement to Daily Report for 12 March 1944: "In return for the band attack on the convoy of the 1st Battalion 737th Light Infantry Regiment the following reprisal measures are ordered." I direct Your Honors' attention to Paragraphs 3 and 4 of the report: "Everybody found in the terrain South of the line indicated in Paragraph 1 up to a distance of 2 km off the remaining roads will be shot. Duration: 8 days , upon preliminary announcement. Shooting of 200 hostages (Communists) from all hostage camps. Execution by members of the Greek volunteer formations with German supervision." Next on Page 71 of the English, Page 54 of the German, Daily Report of the 68th Corps:
"Pelopponesus: (117th Jaeger Division) 2. As reprisal measure for the band attack on 12 March 1944 the following villages, confirmed to be nests of the band, were released to the 117th Jaeger Division for destruction:
Karie, Wresthena, Kato - and Ano-Kolline, Skortsinon , Kaltese, Mavrojianni, Vlachokerassia, Arwanitokerassia, Manari."
I think the next several reports are of a similar nature and need not be read at this time. If Your Honors will please turn to Page 78 of the English, Page 61 of the German, another Daily Report from the 68th Corps transmitted on the 26th of April 1944, to High Command of Army Group E:
"Dairy report Boeotia:
1.) Bandit raid on motor vehicle column (2 armoured cars and 2 motor bikes ) of the 18 the SS Police near Keresi (15 kilometers west of Lewadia). Own Losses: 2 Officers dead, 1 Officer 4 enlisted men missing, According to the statements of three arrested persons the bandits, in a strength of from 50 to 70 men equipped with 5 machine guns, machine pistols and rifles, withdrew in direction of Kiriak.
Reprisal measures: At the place where the raid occurred 50 Communists were immediately shot. Reconnaissance of a reinforced company up until now without results."
The report is signed "LXVIII Infantry Corps." Next on Page 79 of the English, Page 62 of the German, Daily Report of the 68th Infantry Corps, transmitted on the 29th of April 1944 to its higher headquarters. Under Boeotia:
"In reprisal for the raid on the motor vehicle convoy of the 18 SS Police Regiment 60 more communists were shot to death at the place where the raid took place."
Next on Page 80 of the English, Page 62 of the German, Daily Report of the 68th Corps, transmitted on the 11th of May 1944:
"Boeotia: In reprisal for raid on motor vehicle convoy (see Daily Report of 26 April Boeotia 1.) 100 hostages shot to death in Athens."
Next on Page 82 of the English, Page 64 f the German, Daily Report from the 68th Corps, transmitted on the 2nd of May 1944:
"In reprisal for the raid on the motor vehicle of the staff of the 41. Fortress Division (compare Daily Report of 28 April ) on the 27 April 1944, 300," and that figure , if Your Honors please, is corrected in pencil to read 325, " communists and band suspects (of these 200 in Athens and 100," if Your Honors please the 100 figure is corrected in pencil to 125 in the original document," On the Peolponesus) were shot to death." Signed "LXVIII Infantry Corps," and the Corps at this time was commanded by the Defendant Felmy. Page 84 of the English, Page 66 cf the German, is the last report in this series from the 68th Infantry Corps, transmitted on the 18th of May 1944:
"Peloponnesus: (117. Jaeger Division) In reprisal for repeated acts of sabotage on telephone lines 17 well known communists were hanged on telephone poles along the road Kamari-Deweni (northwest of Xylokastron)." Turning next to Page 86 in the English, Page 67 in the German, Document NOKW-1771 , which is offered as Prosecution's Exhibit No. 572.
This is a report of the 373rd Division to the 2nd Panzer Army and relates to Operation "Morgenstern." I think we need not spend much time on it at this time. Your Honors will note on Page 88 of the English, Page 68 of the German: "In Seganovac a hospital was destroyed."
Continuing now on Page 89 of the English, Page 69 of the German, Document NOKW-1640, which is offered as Prosecution's Exhibit No. 573. These are a series of reports from the Commander in Chief Southeast to OKH in Berlin, covering a certain period in May, 1944. During that time the Commander in Chief Southeast was the Defendant Weichs. We Call Your Honors' attention to just one or two of these particular Daily Reports -- one on Page 94 of the English, Page 74 of the German, Daily Report from the Commander in Chief Southeast to OKH Army General Staff Operations Section for the 14th of May 1944: "Group Siegfried: Easing of the "tension in the area Prijepolje-Plevlja 12 May , 25 hostages shot as reprisal measures for German soldiers not released by the bands.
Enemy losses: 10 counted dead."
Next on Page 93 of the English, Page 75 of the German, the Daily Report from the Commander in Chief Southeast for the 13th of May 1944, under 369th Division. If Your Honors please, that Division was subordinate to the 2nd Panzer at that time, which was commanded by the Defendant Rendulic. "369th Division" -- and then certain portions are crossed out -- "In the area Konjic-Gacko local clashes mopping -up "operations in the Dabarsko Polje area have started.
As reprisal measure for an attack on the railway near Zeplanik (see daily "Report for 11 May ) 6 hostages were hanged."
Turning next to Page 97 of the English, Page 77 of the German ....
DR. GROSS: Dr. Gross deputizing for Dr. Tipp, for the Defendant Leyser. Your Honor, I must object against the remarks of the Prosecutor regarding Document NOKW-1640, Exhibit No. 572. The Prosecutor has said that this exhibit is a document of the 2nd Panzer Army. This cannot be seen from the document itself. It is also incorrect, as can be seen from the contents of the document. In the list attached to the document the place of Sarajevo is mentioned. Sarajevo never belonged to the Command of the 373rd Division not to the 15th A.K. either. At least, it did not belong at that time. I ask that this remark be stricken from the record.
MR. FENSTERMACHER: If Your Honors please, the first page of the document indicates that it is art enclosure to the War Diary, Operation Morgenstern, 10 May to 19 May 1944, teletype to 2nd panzer Army.
PRESIDING JUDGE BURKE: Is there anything further to be said?
MR. FENSTERMACHER: I have nothing more, Your Honor.
PRESIDING JUDGE BURKE: Objection is over-ruled.
MR. FENSTERMACHER: If Your Honor will turn next to Page 97 of the English, Page 77 of the German, continuing with the Daily Reports from the Commander in Chief Southeast to OKH Headquarters in Berlin, this is the Daily Report from the Commander in Chief Southeast for the 10th of May 1944. Under the section of the report dealing with activities in the area of the 68th Corps -- and that corps was, at that time, commanded by the defendant Felmy: "Because of Communists activities at Patras 10 hostages were hanged. Limitations have been imposed upon the population." The report is, as were all others, signed "Commander in Chief Southeast." We pass the next document, NOKW-1670, and turn next to Page 101 in the English, Page 79 in the German, Document NOKW 1773) which is offered as Prosecution's Exhibit No. 574.
This is an order of the 264th Infantry Division, dated Divisional Battle Headquarters, 21 May 1944:
"Orders of the Division to mop up the islands of Dugi Otok and Kornat .....................................
2.) 891st Grenadier Regiment is to mop up these islands. Thereby all provisions and installations of all kinds serving the enemy are either to be secured or destroyed, enemy tonnage is to be brought in and as far as possible the islands must be evacuated of the male civilian population capable of bearing arms at .least all suspicious persons must be arrested. " I think we need not bother with the distribution list which appears on the next page.
But on Page 102 of the English and page 79 of the German begins a report from the 15th Mountain Corps to the 2nd Panzer Army Ia and Ic. On P age 103 of the English , Page 80 of the German, is the "Final report of 'Morgenstern.'" We call Your Honors' attention only to the second portion of the final report of "Morgenstem": "In addition the following was destroyed: 2 hospitals...." And that report is signed "XV Mountain Corps," and that Corps, at this time, was commanded by the Defendant Leyser.
MR. FENSTERMACHER: Next, on Page 104 of the English, Page 81 of the German, Document NOKW-1767, which is offered as prosecution's Exhibit No. 575. This is, again, various reports from the 15th Mountain Corps to Headquarters of the 2nd Panzer Army. The first is the Daily Report of the Corps for the 12th of June 1944. Under 373rd Division there is a notation that this is crossed out in the original document: "At the band hospital discovered on 10 June by Southern Group 'Utwald' 4 rifles and medical dressing materials were seized. 170,000 rounds infantry ammunition, 300 mortar shells, 9 hospital barracks with 500 beds and various" -- it's on page 104 of the English, page 81 of the German--"9 hospital barracks with 500 beds and various medical equipment were destroyed." The report is signed 15th Mountain Corps. I think we need not spend any particular time with the next several pages of the reports from the 15th Mountain Corps. If Your Honors will observe on page 105 of the English, page 81 of the German under "The following was destroyed" -- "1 hospital." And on page 107 of the English, page 82 of the German, the report of the 15th Mountain Corps to the 2nd Panzer Army for the 3rd of June 1944: "1 hospital destroyed." We will turn next to page 108 of the English, page 83 of the German, Document NOKW1777, which is offered as Prosecution's Exhibit No. 576. These, again, are reports from the Commander in Chief Southeast to OKH in Berlin. On Page 109 of the English, Page 83 of the German, the portion of the report for the 5th of June 1944 which deals with activities in the area of the 373rd Division: "Croatian Combat Team destroyed band hospital Southeast of Udbina. Supposedly 115 enemy dead." Next on Page 110 of the English, Page 84 of the German, the Daily Report from the Commander in Chief Southeast to OKH for the 6th of June 1944 under Serbia: "Enemy losses during the past week: Cetniks: 1 dead, 2 captured, Communists: 390 dead, 170 captured, 50 shot as reprisals." I call Your Honors' attention to the late date of this event--6 June 1944. The Commander in Chief Southeast at that time was the Defendant Weichs, and in Serbia Felber was Military Commander, and his Chief of Staff was the Defendant Geitner.