"The Headquarters Staff reports that 8 German captives were shot to death by the insurrectionists in the area of Rabrovo on 9 October 1941. The required measures had been taken regarding 6 of those German captives, 4 men of the water security police fleet and 2 custom officials. With regard to the 2 other Germans, I request a German unit be ordered to perform the execution as directed."
Signed: "For the Commanding General, Plenipotentiary in Serbia, the Chief of the Administrative Staff."
On the next page, page 6 of the English, page 4 of the German, is another communication, a day later, dated 29 October 41, from the Administrative Staff, The Military Commander in Serbia, to the Plenipotentiary Commanding General in Serbia:
"Belgrade. The Department for State Protection of the Serbian Ministry of the Interior has reported that a German soldier was killed and two German soldiers lightly wounded during Communist attacks on a train in the railroad station of Kusadak, district of Smed. Palanka, in the night of 27th of this month. I request that a troop unit be selected for the execution of 200 men on the basis of the order dated 10 October 41."
And your Honors will recognize the familiar code numbers "2843/41," which are one code numbers we have seen previously, referring to the Boehme order of 10 October 41 which incorporated the language of the Keitel document, the 100-to-1 directive of 16 September 1941.
"I suggest the execution be performed by a Belgrade unit."
I call your Honors' attention to the application of the ratios here. One German soldier was killed and two German soldiers were lightly wounded, or a total of 100 times 1, and 50 times 2, a total of 200 executed in reprisal.
Turning next to page 8 of the English, page 5 of the German Document Book, Document NOKW -199, which is offered as Prosecution Exhibit 134. This is a report dated 30 October 1941 on the number and category of persons in the concentration camp at Sabac. It is a supplement to the 10 day report.
I think the first portion of the document need not be read but I ask your Honors' attention -- draw your Honors' attention -- to paragraph "6b" which is on page 8 of the English page 5 of the German:
"Removals: from Croatia, 76 railroad cars; from Serbia railroad cars," a total of "455 railroad cars."
Next, on page 9 of the English, page 6 of the German, under paragraph "7":
Arrests: 3853. Releases 727 from Camp Sabac after examination by Police Reserve Battalion 64. Executions: 405 hostages in Belgrade (to date total number in Belgrade 4750) 90 Communists Camp Sabac 2300 hostages in Kragujevac 1700 hostages in Kraljevo Shot to death during combat by units:
697 Total number of inmates in Camp Sabac 25 October:
16,445 Next, on page 10 of the English and page 7 of the German Document Book, Document NOKW-191, which is offered as prosecution Exhibit 135 -- this is a series of reports and orders from and to the Plenipotentiary Commanding General in Serbia.
The first report is dated 19 October 1941 and it's from the Plenipotentiary Commanding General in Serbia to the Officer Commanding in Serbia, Administrative Staff, and the 65th Special Purpose Corps, with a copy for the 220th Panzer Jaeger Battalion:
"By virtue of the order for the suppression of the Communist rebellion movement for wounding of a guard of the 220th Panzer Jaeger Battalion in Belgrade on 15 October:
"50 hostages are to be shot.
"The shootings will be carried out by the 220th Panzer Jaeger Battalion.
"The Commander of Serbia, Administrative Staff, is to hold the hostages in readiness.
"The date and place of the executions, the fetching and delivery of the hostages as well as further details will be settled directly between the executionary troop units and the Officer Commanding in Serbia, Administrative Staff.
"The report on the executions is to be sent to the Commanding General Plenipotentiary in Serbia."
The document is signed: "For the Commanding General, Plenipotentiary in Serbia, Chief of the General Staff."
The next report is on page 11 of the English, page 8 of the German, report of the 30th of October. You will note the subject is: "Retaliation Measures" and the reference is again to the Boehme order of 10 October 1941, with the code numbers "2848/41":
"By virtue of the order for the suppression of the Communist rebellion movement for murdering of 8 German prisoners on 9 July 41 by Communists in Rabrove:
"800 hostages are to be shot.
"The shootings will be carried out by the Town Major Belgrade with respect to 200 hostages."
Then, if your Honors please, the three paragraphs of this report are the same in form as they were in the previous report.
Turning next to the report which appears on page 12 of the English page 9 of the German, the report dated 31 October 1941, again the subject is: "Retaliation Measures," and the reference is to the same order with the familiar code numbers:
"By virtue of the order for the suppression of the Communist rebellion movement, for Communist surprise attack on railway train in Kusadak, in which one German soldier was killed and two wounded:
"200 hostages are to be shot.
"The shootings will be carried out by the Units of the City Headquarters, Belgrade."
The three paragraphs of the form are again the same as they were in the reports which we have just read.
Next, the report on page 13 of the English, page 10 of the German, report dated 20 November 1941:
By virtue of the order for the suppression of the Communist rebellion movement for losses of the 3rd Battalion, 697th Infantry Regiment:
"365 hostages are to be shot.
"The shooting is to be carried out by the following units in Sabac: Commander Serbia Headquarters Staff, 200 hostages; the 65th Special Purpose Corps, 185 hostages."
Turning next to the report on page 14 of the English, page 11 of the German, another report from the Commanding General Plenipotentiary in Serbia, General Boehme, this time dated 29 November 1941:
By virtue of the order for the suppression of the Communist rebellion movement, for Corporal Bernhard Schmidt of the Mountain Corps Signal Detachment 449 who was wounded in the region of Tokeris on the 16 October and found dead on 19 November:
"100 hostages to be shot.
"The shooting will be carried out by the Mountain Corps, Signal Detachment 449."
And this report, if your Honors please, is to reference "5b" under Count 1 of the indictment.
Our next document is on page 15 of the English and page 12 of the German, Document NOKW-1103 which becomes prosecution Exhibit 136. I think we need not read this document which is a letter from Tutner, the Chief of the Administrative Staff of the Plenipotentiary Commanding General in Serbia, dated 3 November 1941. That has already been introduced in evidence as Exhibit 116 which is on page 25 of the English document book IV and page 21 of the German document book IV.
However, on page 17 of the English and page 13 of the German is an enclosure to Turner's letter dated 3 November 1941:
"The Commanding General has agreed to the publication by way of the press and the radio of the following declaration:
"Authoritative quarters state that in consequence of certain reports according to which relations between leading Masons and persons in the pay of the enemy with the insurgents have been established the arrest of a great number of persons in Belgrade as hostages has been ordered. In the first place, the representative of political corruptionism are involved whose entire attitude is co-responsible for the misery of the Serbian people. They guarantee with their lives the security in the Serbian area. With their arrest it has been proven that the measures ordered do not only hit the deluded farmer and worker who has joined the insurgents but that above all the wire pullers of this criminal system and their political friends are being caught."
Signed: "For the Commanding General Plenipotentiary in Serbia Chief of Administrative Staff" Turning now to page 19 of the English, page 14 of the German, Document NOKW-1379, which is offered as Prosecution Exhibit 137, this is an Intelligence Report of the 342nd Infantry Division, which relates to the insignia worn by these Chetnik and partisan units:
"342nd Infantry Division 1c (open) of 1 November 41 - Information about the Enemy.
"However, on the basis of experiences made up until now, the conception seems to be growing that peace and order cannot be restored in the country without the German Wehrmacht. Even the mood for self-pity is increasing."
DR. MENZEL (Counsel for defendant Kuntze): I point out to the Tribunal that this document does not bear any heading nor signature. It is merely an excerpt of page 6, written in transcript, partly corrected in handwriting, as I said, without any heading and without signature. I request that the document not be admitted in evidence.
THE PRESIDENT: The objection will be overruled for the reasons already stated.
MR. FENSTERMACHER: Continuing on page 19 of the English and page 14 of the German, paragraph 10:
"The insignia of the various units has not changed. The Chetniks as a rule wear on their lamb fur caps a Serbian cockade and underneath it a skull and crossbones; the Communists wear on their headgear a red star, sometimes below it a narrow strip of ribbon in Yugoslav colors or the Soviet emblem with hammer and sickle, or also plain red stripes. Arm bands with the word 'partisan' written on them were encountered.
"Leaders often wear in addition tassles in their caps, the Chetniks gold colored ones, the Communists red ones.
"11) Clothes are already known. Mostly peasant costumes in all units only a few in uniforms, almost exclusively among the Chetniks; the Chetnik officers often wear over their peasant costume a Serbian officer's coat with epaulettes.
"12) Valid passes in green color which are certified by the German military offices by means of a stamp are only at the disposal of a part of the Chetnik group Valjevo.
The remaining Chetniks who are loyal to the government have in their possession passes issued by Pecanac.
(handwritten)
"Probably dating from the period before the split of the Chetnik units."
On page 20 of the English and 15 of the German the prosecution's next document is NOKW-1385, which becomes Prosecution's Exhibit 140. This is a report on partisan movement and activities including the insignia worn by partisan units.
THE PRESIDENT: Isn't that Exhibit No. 138?
MR. FENSTERMACHER: I beg your pardon, Your Honor, it is 138. It begins on page 20 of the English and page 15 of the German. It is a report dated for the period 1 October until 1 November, 1941, concerning band movement and activities in the area of Pozarevac, 20 October 1941:
"The gold mine Blagojev Kamen and its surroundings occupied by a major band, supposedly 2000 men, consisting of partisans and Chetniks. The Chetniks are commanded by a certain Mitar, the partisans by a certain teacher from Velko. Armed with heavy machine guns, light machine guns, and rifles. Uniform: peasant clothing and civilian clothing; headgear consists of army or civilian caps with former Yugoslav coat-of-arms or Soviet star."
I direct Your Honor's attention to the entry at the bottom of the page for 9 October 1941:
"Dubovac 19 kilometers north of Pozarevac. Appearance of a band in black uniforms."
Turning now to page 21 of the English, page 16 of the German, NOKW-1152, which is offered as Prosecution's Exhibit 139.
DR. HINDEMITH (Counsel for defendant Foertsch): May it please the Tribunal, I want to say the following to the prosecution regarding this document. The prosecutor has said in his statement -- he said that this was the report. In my view this is not correct. If the document is declared to be a report, this concludes that this document has been sent from one department to another department.
It therefore contains facts which are of value for the probative value of this document. These facts cannot be read from the document. It cannot be seen anywhere in this document by whom this report has been sent and to whom it was addressed or which unit it reached. The connecting statement of the prosecution is in my view intended to give the Court and all concerned the possibility to make better use of this document. If concepts are used for this document which cannot be read from the document itself, this can only mislead. In this respect, I want to object to what the prosecution has said in this regard.
MR. FENSTERMACHER: I would be glad to amend my statement and call the document a "memo" which on its face does not indicate whether received by any unit or sent by any other unit.
THE PRESIDENT: The objection will be overruled.
MR. FENSTERMACHER: Continuing, the next Exhibit 139, which is on page 21 of the English and page 15 of the German, this is a situation report on the Balkans, dated 2 November 1941, prepared by the Wehrmacht Commander Southeast. Turning first to page 22 of the English and page 16 of the German, paragraph 6:
"Insurrectionist Movement.
"Reasons for the insurrection are:
"1) Recovery from the shock effect of the short campaign which scarcely touched large parts of the country or did not touch them at all.
"2) Panslav and Communist tendencies.
"3) Merger of remaining parts of the Serbian Army.
"4) The refugees expelled from the separated territories (from Croatia 110,000; from Hungary 37,000; from Bulgaria 20,000), who were transported across the frontier without means and without sufficient care.
"B) Carriers of the revolt are:
"1) Remaining parts of the former Yugoslavian army "2) Communists bands "3) National units of the Chetniks.
The Chetniks are a Free Corps organized in a military manner, which has been in existence since the war of liberation against Turkey and which after the World War had received its legal basis for existence through the foundation of a Chetnik organization.
"The words with which their secret broadcasting station opens each broadcast, 'It is not Communists who are speaking here but National Chetniks who are ready to fight for the liberation of Serbia and Yugoslavia,' characterize their political attitude. Strictest discipline, silence, and absolute dedication of personal efforts are the basic pillars of this organization. The Vojvode (leader of the band) is master over the life and death of his people; only his will governs.
"Today part of the Chetniks fight together with German troops and the Serbian police under the Vojvode Kosta Pecannac against the Communists.
"4) Mixed bands (Chetniks and Communists).
"D) Combatting the Insurrection.
"1) The Commanding General of the XVIII Corps, General of Infantry Boehme (The Commanding General Plenipotentiary in Serbia) has been charged with the suppression of the insurrection in Serbia and Croatia...
"3) In retaliation for acts of sabotage the following procedure is to be used respecting male population of areas cleared of bands:
"(1) All prisoners taken during combat or mopping up operations will be hanged or shot to death.
"(2) For the time being arrests are being made only for purposes of interrogation or to supplement reconnaissance.
"(3) In addition to that in order to stop a further increase of the insurgents, male civilians will be temporarily collected in camps. Of these, those who are convicted of having participated in combat will also be hanged and/or shot to death, suspicious elements will be detained as hostages, people who are beyond any doubt peaceful will be sent home under guard after their home area has been cleaned of bands.
"Doubtless the insurgents are impressed by the German operation. It remains to be seen whether a noticeable effect on the whole country has been achieved. The total situation is still tense."
The report is signed for the Wehrmacht Commander Southeast, which is, at the time, General Kuntze, by his Chief of the General Staff, then a colonel in the General Staff Corps, the defendant Foertsch.
Next, on page 25 of the English, page 19 of the German, Document NOKW-235, which becomes Prosecution's Exhibit 140; this is an order of the Plenipotentiary Commanding General in Serbia, General Boehme, dated 2 November 1941:
"Subject: Suppression of the Serbian Resistance.
Signs of Dissolution among the Insurgents.
"1) Under the pressure of the ruthless and successfully carried out operations of the unit, in consideration of the approach of winter and on the basis of the destruction of the Russian Wehrmacht which is gradually becoming noticeable, the first indications of dissolution are to be recognized among the insurgents.
"2) These signs were to be expected; they do not signify by any means that the opponent will give up his aims. It depends on:
"a. Destroying Communism in Serbia in such a manner that flaring up again under more favorable circumstances is impossible, "b. Destroying Serbian chauvinistic circles which now and in the future refuse close economic and political cooperation with the Reich.
"3) At the same time those parts of the Serbian population must now be won which have placed themselves on the side of the Serbian Government of Nedic, installed by the Reich. (See disposition of the Plenipotentiary Commanding General in Serbia /Ia No. 33446/41 Secret of 2 Nov 41.)
"4) The following directives are published for the Commit ment of the units and the conduct of the administrative offices:
a. As before, all insurgents who are taken in combat even if they desert, are to be shot as partisans. Negotiators who come from territories which combat actions take place or will happen soon are likewise to be shot.
The arrest and shooting of hostages is regulated by the order of the Plenipotentiary CG in Serbia/Chief of Mil. Admin./Qu No. 2848/41 secret of 10 Oct. 41 and No. 3208/41 of 25 Oct. 41.
b. Negotiators who do not offer the capitulation of small or large groups under the pressure of combat actions taking place or to take place, are to be told that the battle against insurgents will be continued with unabaited severity and only unconditional capitulation with surrender of all weapons will be accepted.
c. Unconditional surrender is to be carried out as follows: The insurgents are to lay down their weapons at a place determined by one of the troop commanders or the administrative subarea and/or district commandant and are to be brought together in a reception camp of the battalion, regiment or divisions.
They are to be examined there by the secret Field Gendarmerie SD, and Serbia auxiliary police. For this purpose, administrative orders in my mission proceed through tho Chief of the Mil. Admin.
d. The Divisions are to report in the daily reports, place of the reception camps and number of the prisoners.
5.) The exploitation of the signs of dissolution lies exclusively in the hands of the German Wehrmacht (Unit and Admin. Offices). Serbian auxiliary police may not accept offers of capitulation, but must obtain the decision of the German offices. The insurgents will, nevertheless, first of all approach the units of the Serbian auxiliary police with offers of capitulation. Through getting into close touch with them, it is to be guaranteed that the initiative remains unequivocally with the German offices.
It is understood that a crossing over of insurgents into the Serbian auxiliary police is to be prevented with all possible means.
Orders of this sort to the Serbian Government are issued through the Chief of the Mil. Admin. A copy of the order of the Prime Minister Neditsch to the branches of the Serbian Government is enclosed as a supplement.
6.) The larger number of the insurgents will attempt to strike through to their home localities unnoticed, in order to conceal themselves there. Such groups are to be arrested by the units or by the Serbian Auxiliary Police, if necessary with force of arms and are to be brought into reception camps.
The following is valid for the seizure of insurgents who succeed in escaping and reaching their home localities:
a. The administrative offices have received from the Chief of the Mil. Admin. an order to prepare exact reports and submit lists, from which the leaders of the bandits, members thereof, and all persons absent from the localities or returning there may be obtained. They are to note in addition the localities which have offered the bandits assistance.
b. In addition, frequent surprise raids are to be carried out by the unit in collaboration with the administrative offices. Because of their knowledge of the locality and population, it will often be practical to use the Serbian auxiliary police.
7.) In doubtful cases (above all when it is uncertain whether individual groups are to be regarded as "insurgents" or not) the decision of the plenipotentiary CG in Serbia is to be obtained."
MR. FENSTERMACHER: The document is signed "Boehme, Lt. Gen. Infantry", and the initials "PM" at the side are those of Boehme's Chief of Staff, General Pemsel. You will note the distribution of the Boehme order, "Down to battalion and district leaders." On page 29 of the English and page 22 of the German is Document NOKW-235-a, which is offered as Prosecution's Exhibit 141.
This is a letter of President Nedic in Serbia, sent to Serbia authorities regarding the treatment of Communists, saboterus, and their helpers. It is an enclosure to the Plenipotentiary Commanding General in Serbia.
"To all Serbian Authorities and Armed Units:
The visible successes of the Gendarmerie, the volunteer and Cetnik Detachments, the measures of the German troops; and the advancing season are no doubt the reasons that the communist bandit and activity and sabotage began to decrease and will decrease more and more. Therefore, numerous insurgents surrendered, yes, even entire groups surrendered to separate detachments and even went to join them. Tho possibility that the surrender of the insurgents was even recommended by the leading members of the bands and for reasons which were obvious cannot be eliminated, however, these elements are to be used for destructive and terrorist activities whenever the opportunity appears - and perhaps in a still worse way.
So it should not occur on account of an incomplete knowledge of the situation, misplaced sentimentality, or for any other reason that these guilty of the present woe of the people hide themselves and then reappear when the opportunity is favorable to act against the peace and order in order to endanger the lives and property of the unhappy citizens and their families.
I order:
1.) that all saboteurs, their instigators, helpers, Communist-reactionaries, their followers and in general all who have contributed by word and deed, actively or passively, to the present misery of the people, be punished in an exemplary and ruthless way and be compromised in every way:
2.) all chiefs of units, in close cooperation with the police authorities, are to examine every single place or surrender and turn over the guilty to the competent courts-martial. Those, however, who have committed no offense and/or were only seduced and betrayed or mobilized by force, will be proposed to me for pardoning, whereby detailed reasons must be given.
3.) no unit may take over deserters into their ranks. Those pardoned by me will receive information from me, whether and where they may join as volunteers.
4.) In those areas where no units and/or courts-martial exist, the District chief will act according to this order.
5.) Wherever possible and in cases where needed, the German local authorities in question will be notified of all decisions and events. Continuous cooperation with them is to be carried out.
6.) This order will be distributed by the: Deputy of the Minister of the Interior, the Gendarmerie Commander, the Commander of the Detachments of Volunteers, and the Chief of the Cetnik Staff to all District Chiefs and Commanders and/or all Leaders of the armed detachments in question with the remark that all must obey these orders closely and unconditionally.
Signed: The President of the Ministerial Council Signed:
Nedic Lt. General
MR. FENSTERMACHER: The Prosecution's next document is on page 31 of the English Document Book and on page 24 of the German. It is No. NOKW-801, which becomes Prosecution's Exhibit No. 142. This is an order of General Boehme, as Plenipotentiary Commanding General in Serbia, issued by the Chief of his Administrative Staff, Turner. Tho order is dated 3 November 1941, Subject, "Arrest of Hostages." The order is distributed to "All Sub-Area and District Administrative Headquarters."
"With reference to my order of 10 October 41, No. 2848/41 Secret, I order the immediate arrest of all Jews and Gypsies as hostages.
If the carrying-out of the order is not possible for technical reasons, a report is to be issued concerning it, giving exact details as to number and residence at the same time.
In addition, the approximate number of the wives and children of the Jews and Gypsies, together with residence, is to be furnished and their deportation to an assembly camp in the proximity of Belgrade is to be prepared.
Closing time for the report. 15 November 41 Signed Turner
MR. FENSTERMARCHER: I will call Your Honors' attention to the date on which this order was issued--3 November 1941. General Boehme was Plenipotentiary Commanding General in Serbia, subordinate to General Kuntze, as Commander in Chief, and his Chief of Staff was General Foertsch. Turning next to page 33 of the English, page 25 of the German Document No. NOKW-905, which becomes Prosecution's Exhibit No. 143. This is a report by the 734th Infantry Regiment, to its next higher headquarters, the 704th Infantry Division. The Division's receipt stamp appears in the right-hand portion of the document, and is 10 November 1941. The report itself from the Regiment is dated 4 November 1941, subject is "Reprisal Measures", and there is one enclosure: "The Regiment encloses the report of 1st Lt. Walther, 9th Company, 433rd Infantry Regiment, concerning the death of Jews and Gypsies on 27 and 30 m October 1941". On page 34 of the English and 25 of the German appears the report which the Regiment sent to the Division. The 704th Infantry Division, at this time, November 1941, was subordinate to General Walther, who was subordinate to General Boehme, who was subordinate to the Defendants Kuntze and Foertsch. It is a "Report concerning the shooting to death of Jews and Gypsies."
"By agreement with the SS Office, I picked up tho selected Jews and/ or Gypsies from the Prisoner camp Belgrade. The trucks of Administrative Sub-Area Headquarters 599 available to me for this purpose were impracticable for two reasons:
1. They have civilian drivers. Hence secrecy is not assured.
2. All of them were without cover or tarpaulins so that the population of the city saw whom we had put in the vehicles and where we went. Wives of the Jews had assembled in front of the camp who cried and screamed when we drove off.
The location where the shooting to death was carried out is very favorable. It is situated North of Pancevo immediately on the road of Pancevo - Jabuka where there is a grade high enough to make it difficult to climb. Opposite this grade is swampy terrain, behind it, a river. When the water is high as on 29 Oct. it almost comes up to the grade. Thus, an escape of the prisoners can be prevented with few troops. Also favorable is the sandy ground which facilitates digging of the ditches and consequently shortens the time of the labor.
After arrival, approximately 1 1/2 to 2 kilometers before the selected site, the prisoners got off, marched to the selected site while the trucks with their civilian drivers were sent back immediately in order to afford them as little grounds for suspiction as possible. Then, I had the blocked for all traffic for reasons of security and secrecy.
Place of execution was secured by three light machine guns and twelve rifle men:
1. Against attempts to escape by the prisoners.
2. To protect ourselves against possible attacks by Serbian bands.
The largest part of the time was consumed by the digging of the ditches while the execution by shooting itself (100 men in 40 minutes) went very rapidly.
Luggages and valuables had been collected previously and taken along in my truck in order to turn them over later to the National Socialist peoples' Welfare.
The shooting to death of Jews is simpler than that of the Gypsies. It must be admitted that the Jews accept death very calmly - they stand very quietly - while the Gypsies cry scream and move continuously when they are already on the spot where they are to be shot to death. Some of them even jumped into the ditch before the diring and attempted to act dead.
In the beginning, my soldiers were not impressed.
The second day, however, it had become noticeable that one or the other did not have the nerve to carry out shooting to death for a longer period of time. My personal impression" is that one does not develop any psychological inhibitions during the shooting to death.
However, these appear if one contemplates it quietly after a few days in the evening.
The regiment report is signed by Walther, 1st Lieutenant.
Major Hatfield, may I see the original exhibit, please? It is Exhibit 143. On the original exhibit, if your Honors please, is a map which shows the location of the burial place of Jews and gypsies which were reported shot by this 9th Company of the 233rd Infantry Regiment between the 27th and 30th of October, 1941. The site is near Belgrade on the road between the towns of Pancevo and Jabuka.
THE PRESIDENT: We will take our afternoon recess at this time.
(There was a short recess.)
DR. HINDEMITH: (Attorney for defendant Foertsch) To the presentation of the Prosecutor when he presented No. 140, 141 142 and 143, I'd like to point out the following:
The Prosecutor, when he made the connecting statement, pointed out not the measures concerned which various units executed; those were units which eventually, that is at the top, were subordinate to the defendants General Kuntze and General Foertsch and therefore the presentation of the prosecution is not a factual presentation but a legal argument. It contradicts, in my opinion, even the conception order Command that a person in plura can be designated as issuing the order as the person issuing the order, only one person can be represented and that is the person who in his own name signs the corresponding document. I believe it is sufficient to point out this fact and then later on it will be the task, especially in the pleas, to say more concerning this legal argument. At this point I only request to point out to the prosecutor that this respect he shows refrain from a legal argument at this stage of the proceeding.
JUDGE CARTER: At this time we will consider only the exhibits as they are offered in evidence. Any arguments that are casually made will be ignored by the Tribunal.
MR. FENSTERMACHER: If Your Honors please, turning next to 37 of the English, page 27 of the German, the document which you find there, NOKW 1219, has already been introduced into evidence as Exhibit 110, so I ask that you strike reference to it at this time from your books.
The document here appears as Exhibit 110 on page 37 of Document Book III, page 37 of the English and page 27 of the German in Document Book III. I beg your pardon, it appears in Document Book III at page 139A of the English and page 95A of the German, exhibit 110.
Turning now to page 38 of the English, page 28 of the German, Document NOKW 1358 which is offered as Prosecution Exhibit 144. This is a daily report from the III Battalion, 697th Regiment, dated 10 November 1941 to the Plenipotentiary Commanding General in Serbia.