1) Enemy bands under the leadership of former Serbian Officers have been reported in the Sava-Bend west of the line Mitrovica Savac and to the south in the extensive mountain terrain.
The population in the lowland between the Drina and Sava rivers has joined the insurgent movement. Women and children take care of the intelligence service and keep up the food supply of the roving bands. Thus the entire population is participating in the revolt.
2) The lowlands in the Drina and Sava-Bend which serve as the food supply base for the insurgents is to be mopped up, and bands appearing there are to be annihilated in order to cut off the continued food supply from this area for the insurgents. By means of ruthless measures a deterring example must be created which will become known all over Serbia in a short time.
3) For this purpose the 342nd Infantry Division will cross the Sava river on X day Y hours.
And then there follows material which I don't think we need read at this time.
Dropping down to paragraph 5, "Enemy resistance is to be broken ruthlessly."
All persons participating in the fighting in any form are to be considered franc tireurs and to be treated as such.
All settlements from which or in the neighborhood of which German troops are fired on or near which arms and ammunitions are found arc to be burned down.
The entire male population from 15 to 60 years of age is to be arrested and to be transferred at first into prisoners assembly points which are to be organized by the Divisions. Later it is to be employed by sectors for labor in particular for the cutting down of cornfields on transit roads and for the bringing in of the harvest.
From the first day on the entire female population is to be employed for the same work or to be forced into labor employment.
By special order the prisoners are to be evacuated to special concentration camps which are to be organized by Commander Serbia north of the Sava and the female population is to be forced away into the Cer-Mountains to the east. The villages and farms are to be burned down but harvest stores are to be spared.
Cattle is to be driven together in cattle assembly points which are to be organized by the Division directly on both sides of the Sava.
I think we need not read the rest of the order which is signed by the defendant Boehme and is distributed to his subordinate units and his allied units, namely the 342nd Infantry Division, 125th Infantry Regiment, and informational copies to the Commander in Serbia, the Corps Command SXV, and the Plenipotentiary Commanding General and - rather the Plenipotentiary Commanding General's own departments-that is, his I-A, his Operational Department, QU Quarters, his I-C, his Intelligence, and for the War Diary.
Our next document is NOKW 1048 which becomes persecution Exhibit No. 63. It begins on page 114 of the English and page 89 of the German. This is a directive of General Boehme, the Plenipotentiary Commanding General in Serbia, dated 25 September 1941. Its subject is the evacuation of the Sava Drina Bend and it goes to the Commander of Serbia with a copy for the Chief of Military Administration and to the 342nd Division. It is interesting to note that an informational copy is sent to List as Wehrmacht Commander Southeast. Another informational copy is to the Corps Command LXV, the German General in Zagreb, and the Plenipotentiary General for Economics. The order reads as follows:
In the course of the mopping up of Communists bands in the Sava Drina bend the male population between 15 and 60 years of age will be collected in prisoner assembly points while the entire rest of the population will be forced into the south into the Cer Mountains.
These measures will be executed by the unit.
A concentration camp is to be erected by Commander Serbia north of the Sava into which the prisoners can be brought from the prisoner assembly points by the unit. Regarding the possible taking over of the concentration camp organized by the 342nd Division pursuant to the order mentioned in the reference above paragraph 2, Commander Serbia will contact the division directly.
If your Honors please, I have been informed that I have been reading from Document numbered NOKW 183 which is prosecution Exhibit No. 62, so that this should not be a new document. This is a continuation of Exhibit No. 62 and not Exhibit No. 63.
Now on page 112 of the English and on page 88 of the German, continuing the reading of the order of the Plenipotentiary Commanding General in Serbia, dated the 25th of September, 1941, and relating to the evacuation of the Sava Drina Bend:
For the installation and guard the entire 64th Police Reserve Battalion is to be employed and will be relieved later by Volksdeutsche auxiliary service.
The chief of the military administration with Commander Serbia is charged with the direction of the concentration camps, with the political surveyance of the prisoners and with the jurisdiction.
The economics exploitation of the evacuated territory is the task of the chief of the military administration.
The interests of the plenipotentiary General for economics in Serbia are to be taken into consideration to the fullest extent. The Chief of the Military Administration is requested to guarantee the readiness for employment of Volksdeutsche auxiliary forces up to 28 Sept.
At first the 342nd Division will take over the protection of these forces against possible band attacks.
The Chief of Military Administration will report up to what time this protection is considered necessary.
For the protection of Volksdeutsche and members of Allied or Neutral states living in the Sava Drina Bend paragraph 3b of the order referred to above is to be applied accordingly. (Initialed) PM.
For the Commanding General - Plenipotentiary in Serbia Chief of the General Staff:
(Signed) Pemsel And the distribution of this order can be seen from the list.
Commander Serbia first copy Chief of Military Administration 342nd Division Wehrmacht Commander Southeast Corps Command LXV German General Zagreb General plenipotentiary for Economics The Prosecution's next document is NOKW 1048 which becomes Prosecution.
Exhibit No. 63. This is on page 114 of the English and page 89 of the German and it is a directive of General Boehme relating to the retaliation measures in Serbia. It is dated 25 September 1941 and reads as follows:
The following disposition is to be made known to all officers, non-commissioned officers and men. Distribution is to be made down to company, battery, etc.
Volksdeutsche Labor Forces are to be held in readiness for labor employment behind the unit now; the projected labor employment of the male population is accordingly dropped.
The female population is not to be put to work, likewise, but from the start, to be forced off to the Cer Mountain Range with all possible means.
(signed) Boehme Lt. Gne.
, Infantry Then dropping down to the fourth line at the bottom of the page we read:
After dissemination, destroy.
In March of this year, Serbia shamefully broke the friendship treaty with Germany, in order to strike the German units marching against Greece in the back.
German revenge stormed across the country.
We must turn to new, greater goals with all our forces at hand. For Serbia, this was the sign for a new uprising, to which hundreds of German soldiers have already fallen in sacrifice. If we do not proceed here with all means and the greatest ruthlessness, our losses will climb to immeasurable heights.
Your mission lies in carrying out reconnaissance of the country in which German blood flowed in 1914 through the treachery of the Servs, men and women.
You are avengers of these dead. An intimidating example must be created for the whole of Serbia, which must hit the whole population most severely.
Everyone who wishes to rule charitably sins against the lives of his comrades. He will be called to account without regard for his person and placed before a Court-Martial.
The next document is NOKW 1434 which becomes Prosecution Exhibit No. 64. This is a wireless message from the Plenipotentiary Commanding General Boehme, to List, as Armed Forces Commander, Southeast and it is dated the 26 of September 1941. It begins on page 116 of the English and page 91 of the German. I think we need not read anything from this document until we get to paragraph 6 which is on page 117 of the English and on page 91 of the German:
"Jews are being arrested in Smederevo and vicinity, since they were found to be instigators of the insurrection."
Then turning to page 118 of the English, paragraph 3, which is on page 92 of the German. I think the following should be read into the record at this time even though it is material which is helpful to the defense on the question of the insignia worn by the insurgent bands. Paragraph 3. "Bands near Krusevac repelled with the support of a tank platoon and Cetniks (Kosta Pocanac). 125th Infantry Regiment northwest of Valjevo shot 49 bandits including commander (Serbian Reserve Officer). 71 houses destroyed. Some of the enemy is fighting in Serbian fatigue jackets and German caps."
I think we need read no more of that document, your Honors. Our next, document is NOK 1381 which becomes Prosecution Exhibit No. 65. It is a report of the 724th Infantry Regiment, dated 27 September 1941 and relates to the insignia worn by the partisan units. The subject of the report is: Communist bands in the area, Valjevo Krupanj:
In the night of the 26 to 27 September 1941 the traffic constable of the 5th Company at the east gate, Private Seliger received the following information unasked for from the Serbian gendarme Hacinocic Milorad who was on duty with him:
He had come into contact with Communists in the neighborhood of Valjevo and had heard that the HQ and leaders of the food supply for the bands was located in the school building and the neighboring buildings in Pricevic. Kitchen and vehicles were sheltered there completely hidden from view of planes. Also air raid trenches had been dug. Their bread was baked in Pecka. Another HQs was located in Susica.
Equipment and clothes as well as weapons captured at Krupanj were utilized by the bandits. Usually they wore a Soviet star on their cap. Wagons with rubber tired wheels drawn by former troop horses brought up the bread. The prieses of Krupanj and of Pricevic as well as a former Serbian Reserve officer (Narednik?) were the leaders of the movement. The front towards Valjevo followed a line from the blasted stone bridge shortly behind Valjevo on the road to Osacina, where troops had already been fired on from machine gun nests hidden on the slopes on both sides of the road, over the heights south of Valjevo to the site of the blasting on the road to Uzice, then along the heights south of Kolubara and to the east along to Mionica and Music. In the latter places were the command posts for the destructions on the railway line Valjevo - Lajkovac. A school teacher was the Commander.
(signed) by a Lieutenant We next offer NOKW 193 as Prosecution Exhibit 66.
This is an order of the Plenipotentiary Commanding General in Serbia, General Franz Boehme, dated 27 September 1941 and it relates to the concentration camp Jarak:
The Jarak Concentration Camp is to be transferred by the 342nd Division to the 64th Police Reserve Battalion, which has assumed direct liaison. With the transfer, guarding and further construction in the camp, guarding by the police, as well as jurisprudence over the inmates are transferred to the commander of Serbia (and/or Chief of the Military Administration directly.).
As far as a juridical interrogation of individual inmates allows important information for the conduct of war to be expected a military court martial proceedings will be ordered by the plenipotentiary commanding general in Serbia from case to case. For this the Oberkriegsgerichtarat with the Plenipotentiary Commanding General in Serbia is to maintain direct liaison with the Commanding Officer of the concentration camp. Orders concerning interrogations by the troop in prisoner assembly points are to be issued through Ic.
The procuring and furnishing of rations to the concentration camp is to be carried out by the 342nd Division. Troop rations are to be provided for guard personnel and inmates.
Allocations:
a) For guard personnel: Full troop ration,
b) For inmates: Half troop ration (in any case only 200 grams of bread, and weekly 200 grams of meat).
The preparation of the food is an affair of the camp commander. The Commander Serbia is to report to the Plenipotentiary Commanding General in Serbia.
a) The strength on the first, 10th and 20th of the month.
b) Current special events and any commitments or new installations of concentration camps.
(signed) For the Plenipotentiary Commanding General in Serbia: Chief of the General Staff:
Pensel Our next document is NOKW 1043 which becomes Prosecution Exhibit 67, page 124 of the English and page 96 of the German.
These are various activity reports of the 704 Infantry Division. Report of 22 September 1941.
At 1:05 o'clock we saw troops of the 125th Infantry Regiment (as I heard later from some of the officers, their home was Saarbruecken; they were not attached to any division, independent commitment in order to "clear up matters". All branches of arms are represented.
While waiting I talked with officers of the 125th Infantry Regiment; one of them had his left arm in a sling - he had been wounded the day before in fighting with the Communists. The regiment had casualties of dead and wounded. Communists are being caught daily and shot to death immediately - for instance, 12 in one day.
On page 125 of the English, the report of 704th Infantry Division continues. It is on page 96 of the German. This document is very revealing on how the Germans knew who a Communist was.
"Dragoljub Dragojlovic, Judge from Valjevo, Duzanova 41, reports as follows regarding an incident of 25 Sept. 41:
My brother Zivan Dragojlovic, 29 years of age from Radjevo Selo, 3,5 kilometers North of Valjevo, together with his uncle Radovan Dragojlovic was carrying bricks on their ox cart. Machine gun fire could be heard from the 300 meters distant forest belonging to family Dragojlovic. My younger brother Duzan Dragojlovic 19 years of age was just carrying nuts through the court yard into the room where the prune drying ovens stood. German soldiers entered the court, aimed their rifles on Duzan and called him 'Communist', he answered 'no communist'. Duzan who knows a few words of German called 'My brother, my house!' Thereupon the soldiers asked for the identification papter. Both showed their identification papers in addition, Zivan showed his prisoner identification. Then, the soldiers searched all buildings and only found a saddle which was my property. The soldier asked whether it was a soldier's saddle. Duzan answered: "My brother is an officer, Sudja from Valjevo." Thereupon, both brothers were handcuffed and led 300 meters down the country road. There they met the above mentioned Radovan Dragojlovic and his brother Andrija Dragojlovic, both of them had been arrested by other soldiers. Zivan carried the saddle. An interpreter standing near Radovan asked him who owned the saddle. Zivan answered in Serbian that the saddle belonged to the reserve officer Dragoljub Dragojlovic. Question: 'Where is the horse?' 'By order of the German Wehrmacht the horse was turned in.' The interpreter said that you don't have to be afraid. You only have to come to Valjevo for an interrogation. Radovan and Andrejia were to remain there.
"They were asked what they were being there. Answer: 'Together with Zivan, we were carrying bricks for a building.' The soldiers themselves saw that the bricks and the sand were there.
Androjia and Radovan is whose house nothing had been found, now could go home. Zivan and Duzan were taken in the direction of Valjevo, They only went as far as 400 meters.
Krstivoj Dragojlovic, also from Radjevo Selo reports that a group of German soldiers which had just arrived on the spot had brought along in manacles the son of Krstivoj, named Peter, 19 years of age and 2 nephews of Mihajela, 21 years old and Milan 18 years old. The three last named were put together with Zivan and Duzan, one spoke German, no one knows what was said. All five were led off the road to the front of the stable of Krstivoj about 200 meters away. A machine gun was in position, ail five were shot to death, the stable was burned down.
The five belonged to a wealthy esteemed family, up to now, no one in the entire village has joined the Communists. All directives and orders of the German authorities have been fulfilled minutely. My reputation as judge is endangered in the fact of the entire populace, since it is assumed that my brothers were shot to detah for Communist activities.
This gives Dr. Pantic a new means of propaganda."
The next page, page 127 of the English and page 98 of the German, is a report dated 3 October 1941, stamped "received" by the Infantry Regiment 724 on the 4th of October 1941. The document itself is a report on the Jaeger Kommando of the 2nd October 1941. The document itself will reveal how fiercely the war in Serbia was fought...The enemy fought fiercely, but note the indiscriminate way in which the Germans retaliated. The Commander is Lt. Voelker. "Strength:--" I think we do not need to read that, Your Honors. "The Mission", I think we can read into the record, "Reported were five fuming vehicles of a convoy coming from Belgrade about 25 kilometers outside of Kragujevac on the road Topola-Kragujevac. Some of the men dead beside the vehicles. Straggler are to be guarded, the dead to be collected and the bandits to be found and annhilated. Departure: 14.30 hours with 2 passenger cars, 7 trucks, 4 motor cycles.
Return: 21.45 Hours. Course of Events, Success:
About two kilometers in front of the locality of the attack, a straggler of the convoy which had been attacked jumps into the road and gives a report on the course of the attack. All troops are scattered, some people killed, some fled East of the road in the direction of Kragujevac. At the place of attack five vehicles were found some of which were still on fire.
In the ditch next to them-dead: one officer, one Oberwachtmeister (Master Sergeant) and 5 men - parts of their equipment stolen. Security troops distributed immediately. The house on the ridge was set afire. Search Commando divided in strength of 2½ groups. The terraine was searched for stragglers and dead in a circumference of 1½ to two kilometers. East of the road behind the ridge, a low Oak forest and underbrush which is very difficult to enter due to creepers. In several places there were holes resembling nests. Nothing to be seen of the bandits. West of the road a gorge with thick deciduous forest and a rivulet with steep grades. Near this gorge, a heavily wounded man was found, who was dressed only in trousers and no boots. According to his statement a group of about 15 men some of which were wounded was driven by the bandits down into the bed of the rivulet and had been shot to death later beneath a white house which is visible from the road. After searching 25 more minutes we reached a little lea. a basin-like hollow with 14 dead German soldiers. All of them were more or less undressed. All boots, all tunics, almost all overcoats and all steel helmets except one are missing. Some of them even have been robbed of their linen and their trousers. A small heap of ashes shows that they burned all papers which seemed to be without value to them including some pay books, drivers licenses. Some of the corpses had been mutilated, skulls were bashed in, feet were cut to pieces, and faces were cut to pieces. The house situated 100 meters above this place was burned, the corpses were brought to the vehicles by Serbs arrested on my orders. The The Serbs were arrested as hostages.
When the column stopped, 19 farmers vehicles suddenly were behind cur column, For security and to protect ourselves against surprise, the drivers had to be arrested. After withdrawing the guards and security troops, I had all Serbs except three minors shot to death. The column returned to Kragujevac without being fired on.
Loot: None.
Experiences; See other side!
Experiences: The position of the dead and the reports of the wounded men lead to the conclusion that the men of the convoy limited themselves to defensive measures. This caused the bandits to scatter them into smaller units and they were forced to surrender after having been driven into the bed of the rivulet. The only possibility to come out victororious (in a skirmish with) a numerically superior gang of bandits is the attack and the greatest possible fire attack. The fact that the corpses have been robbed of all their clothing proves that the enemy tries under all circumstances to acquire possession of German uniforms. The distances of the vehicles in the attack convoy were normal and correct. The rest of the missing including a first lieutenant have apparently escaped; because further traces of blood could not be found."
signed: Voelker,Lt.
THE PRESIDENT: Before you proceed further, it is now 4:25. The Tribunal has some matters which are personal to themselves which require their attention; and therefore the Tribunal will adjourn at this time. We will adjourn until 9:30 tomorrow morning.
(The Tribunal adjourned until 0930 hours, 18 July 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 Nuernberg, Germany, on 18 July 1947, Judge Wennerstrum presiding.
THE MARSHAL: Persons in the courtroom will please find their seats.
The Honorable, the Judges of Military Tribunal 5. Military Tribunal 5 is now in session. God save the United States of America and this honorable Tribunal. There will be order in the court.
THE PRESIDENT: Marshal, will you ascertain if all defendants are present in the courtroom?
THE MARSHAL: May it please Your Honors, all defendants are present in the courtroom.
The persons in the courtroom will be seated.
DR. SAUTER: Mr. President, Honorable Judges, before we start the session this morning, I would like to ask you to let me make a personal declaration here. I am Dr. Sauter, for the defendants Lanz and von Geitner. I am not talking for the defendants but for myself as defense counsel. Mr. President, for months now we have waged battle which really seems ridiculous, but it is very important to us and it deals with the following. For a few months now it has been arranged that we defense counsels, when we leave and enter the courthouse, our possessions are searched; we are bodily searched. Repeatedly we have protested against this because, in our opinion, this does not comply with our station and with our manners. As spokesman for the defense, I have repeatedly had negotiations with several military and civilian authorities, and President Beals of Case No. 1, with whom I worked as defense counsel for the last month, has repeatedly tried to alter this situation. He did not succeed. We have been told repeatedly that this bodily search was done for security, police reasons, and we could have well understood that. However, we have been searched, as a rule, when we left the house -- that is, at a time and in a situation where reasons of security and police reasons could not really have mattered. As spokes man for the defense, I have then repeatedly tried to ascertain the real reasons why we are being thus controlled, and other people have told us again and again that a lot of things were stolen in the house and, therefore, also the defense counsels too, as well as everybody else, had to be searched.
Once we were told a driving belt was stolen and we were all searched as though we had swiped the driving belt. And at another time in the room of an American $18.00 was stolen during the day and consequently all German defense counsels were searched at the exit by the sentry as though they maybe had the $18.00. The manner of the search is that which really offends us -- insults us and which makes the execution of our job very hard to us and makes our life in the Nuernberg trials seem rather low. This search is carried out in this way. The sentry, often in a very tactless manner, searches through our pockets - the outer pockets; if one wears a coat, one has to take the coat off or open it and the guard puts his hands into the inner pockets of our coat. He puts his hands into the trouser pockets, and it happened to me repeatedly that a guard turned up my trousers right up above the knee to ascertain whether maybe I had anything hidden under my underpants. The competent authorities here have repeatedly tried to alter this situation, especially after I had pointed out - that is repeatedly - that this bodily search is carried out in an impossible manner, in front of everybody present. I myself have experienced cases where 100 or 200 civilians were gathered in front of the exit and watched as one or the other of the defense counsel was searched in this undignified manner. Then we were given a stamp on our passes - courthouse passes. This stamp was supposed to relieve us of this bodily investigation. It was well-meant, but the guards did not pay any attention to that at all. The guards just said that won't do and continued to search in an even more insulting and offending manner. The only thing that we actually achieved was that I myself as spokesman for the defense was two or three times called so that I was in the presence of Mr. Wartena and he was present to avoid the worst circumstances. President Beals received the consent that such searches should only take place in special circumstances against defense counsels and only in closed rooms, so that one would not be let down in front of the whole public.
That was carried out just once and then only half. Like a herd of cattle we were ushered into a cellar room and there we were searched again in the presence of hundreds of other civilians. The worst form happened last night. Last night with several of my colleagues I was in the adjoining school house where we have a mess and where we take our meals. When last night, with several of my colleagues, I left the house at the entrance, that is in the street right by the court, there was a Baltic guard. He knows us and he didn't say anything. In the street were two American soldiers. That is, in the street right on the sidewalk. One stepped up to me and without saying a word held me on both my sides and reached into my trouser pockets and went on to turn up my trousers.
THE PRESIDENT: May I interrupt? As I understood this, it happened outside the courthouse, outside the Palace of Justice. This last incident happened outside the Palace of Justice?
DR. SAUTER: Will you repeat, please?
THE PRESIDENT: This last incident happened outside the Palace of Justice?
DR. SAUTER: This case last night took place outside of the courthouse in an adjoining building of the courthouse where there is an American unit quartered - billeted. That is, quarters for American soldiers. And we were assigned these rooms for taking our meals, sir, but everything else which I described up to now happened in the entrance of the courthouse, the Palace of Justice. May I add something quite shortly? I then told the American soldier, since I didn't know whether he was a post, a guard, or whether he was just walking around the street and took special pleasure in it to insult a German defense counsel, I told this man that was forbidden. I went up to the Baltic post, who had a gun, and opened my briefcase and showed it to him so that he could convince himself that there was nothing in it except documents. He convinced himself and was prepared to let me go.
At that very moment the American soldier grabbed my jacket and started to shout - I don't know what - and dragged me, as though I were under arrest, up to the third floor. There he dragged me into a room, still holding my jacket, and let me stand there. In the room there were three sergeants who were just there playing cards. After about ten minutes one of them, one of these sergeants, asked what I wanted. I told him I didn't want anything, but I had to stay for another period and then a soldier came and took me down again to the ground floor and let me stand there. I then approached the German kitchen people and asked them whatever was the matter. And one of these kitchen people told me, "Well, there's a lieutenant over there who has ordered that everything has to be searched because so much was stolen in the kitchen and on other floors."
These are the facts of the case, Honorable Judges, I would like to submit to you, and...
And I would like to say in this connection that I do not feel that I am in the position to undergo any longer such an undignified treatment by American authorities in addition if that takes place in full view of the public. When I was searched yesterday, there were about twenty to thirty civilians standing around in the street who all watched when the Post searched me, how I had to hold up my hands and stand there while he searched around in my pockets.
Honorable Judges, when about a year-and-a-half ago I was asked by American officers to take over a defense post here, I was assured then that I would be under the protection under the American courts under all circumstances.
The International Military Tribunal has also repeatedly declared in session that we German defense counsel here had all claims to the protection of the Tribunal and when the Tribunal was not sitting any more then were entitled to protection by the control court in Berlin. Honorable Judges, I have to request you that you on your part protect us against such encroachments. I don't believe that there will be anybody in the United States who would approve of such a treatment of German counsels who have to function in your courts, and help you in forming such judgment.
DR. LATERNSER: Mr. President, just very shortly I would like to add this, that to me, that is, in public, in front of the building where any amount of people could watch, something similar happened to me. I had in full view of the public to hold up my hands and I was badly searched at this time; in the closest neighborhood there were at least thirty persons. There were about twenty to twenty-five adolescents who were very pleased, apparently, over this exhibition.
THE PRESIDENT: Speaking on behalf of this Tribunal, I wish to state to counsel for the defense that the proceedings and incidents which have related to this court do not in any manner meet with the approval of this Tribunal. The men who have been asked to serve as defense counsel apparently have been accepted as men of character, men of standing in their profession, and men whose integrity cannot be questioned.
We who are privileged to serve in a judicial capacity in the United States take a professional statement from counsel as being a correct statement and one upon which a court can depend. It is only after we find that a counsel has made an incorrect statement or an untrue statement to the court that we ever question a counsel.
On behalf of this Tribunal, I wish to state again that incidents of this character do not meet with the approval of this Tribunal, and I trust that counsel will not feel that these incidents are indicative of the attitude of the American people, generally, or of the American government. Incidents of this character are apparently the result of some individuals. I feel I should make this further statement, that this Fifth Tribunal has just been organized and has just started in the trial of this case. We have not been here in Nurnberg very long. We do not wish to be too officious in our attitude towards these matters or toward matters concerning the administration of the Palace of Justice too promptly, at least, but I can assure counsel for the defense that I shall take this matter up with the presiding judges of the other Tribunals and I personally will make a very sincere effort to see that incidents of this character do not happen again.
It is to be regretted that counsel for the defense are not placed not accepted in the same manner as counsel for the prosecution or the court. The court is not subjected to those indignities and I personally and I believe I speak for the members of this Tribunal when I say that there is no reason why the defense counsel should be subjected to it. It is to be regretted. We shall endeavor to see what can be done to correct it.
You may proceed with the further matters on behalf of the prosecution.
MR. FENSTERMACHER: If the Tribunal please, I should like to recapitulate very briefly the events of yesterday. The prosecution introduced -
THE PRESIDENT: Pardon me just a minute. Earlier in these proceedings we were advised that there would be submitted to this Tribunal and to counsel for the defendants a summary of each day's proceedings as presented by the prosecution. Has that been prepared for the proceedings as presented by the prosecution. Has that been prepared for the preceding days?
MR. DENNEY: I believe, your Honor is referring to the documents which have been submitted?
THE PRESIDENT: Yes, sir.
MR. DENNEY: Yes, your Honor, I have them. I have copies here. It is being stenciled now and I will give counsel for the defense one copy and the court a copy and the stencils should be up this morning within the next hour, and then I will be able to distribute stencils to all of the counsel for defense and a stencil copy for each one of your Honors.
THE PRESIDENT: That is all right.
MR. FENSTERMACHER: Your Honors will recall that yesterday we introduced the request of Field Marshal List to OKW Headquarters in Berlin for unified command in Serbia under General Franz Boehme. We also introduced the Hitler order giving Field Marshal List full powers to suppress the insurrection movement in Serbia an d authorizing the appointment of General Boehme and then we saw the List order which actually appointed General Boehme to be List's Plenipotentiary in suppressing the insurgent movement in Serbia. "We introduced several reports from subordinate units to 12th Army Headquarters, showing the execution of reprisal measures at ratios of ten to one to a hundred to one for each German soldier killed, before the issuance of the Keitel order of 16 September 1941 which was an OKW directive authorizing the execution of reprisal measures at ratios varying from fifty to hundred to one for each German soldier killed.
Before the court adjourned yesterday, we were reading from activity reports of the 704th Infantry Division which was subordinate to General Bader who was in turn subordinate to General Boehme who again in turn was Field Marshal List's representative in Serbia, We were on page 129 of the English document book, page 99 of the German document book, and I was reading from NOKW 1043 which was prosecution's Exhibit No. 67.