THE MARSHAL: The Tribunal is again in session.
MR. DENNEY: Exhibit 165 which is NOKW-167, page 14 in the English and page 13 in the German -- if your Honors please, this actually -- the page which appears first should be page No. 6 in the English copy. They are a little bit out of order. Perhaps it is not in Your Honors' document book but at least it was in mine. The first page is page 9 in the English and page 8 in the German.
JUDGE CARTER: Our book seems to be in the proper order.
MR. DENNEY: Thank you, Sir. This is a report of the 342nd Infantry Division dated 10 December 1941, and it is a 10-day report to the Commanding General Plenipotentiary in Serbia with a reference to a communication received from him on 29 September 41. which directed-these reports. It is signed by Hoffman, the Division Commander, and it has an enclosure which sets out losses and booty during operations for the period 25 November to 4 December; their own losses: 10 dead, 22 wounded, released from captivity 1 officer, 315 non-commissioned officers and men; enemy losses 707 dead, 93 shot to death, 312 arrested, beside numerous dead and wounded taken along by the enemy.
And then on page 10 of the English, still on page 9 of the German, an inquiry to the 3rd Battalion of the 769th Regiment: "Where were the 11 Communists arrested? Communists are to be shot to death after a short interrogation as a matter of basic policy."
Then coming down to "Pacification," Enclosure 2, dated 14 December 1941:
"See directives of the Commander-in Chief of the Army, 25 October 41, for combatting of partisans, Part C, Paragraph 3, released down to companies.
"Measures of law and order. Reliable Mayors are to be put into office who are liable with their lives and their possessions. Non residents and wood squatters are to be arrested and deported.
Communists are to be shot to death. Control of residents is to be established according to lists with identification papers. Whoever leaves the village without authorization loses life and possessions. No interference of any sort in the measures of the Serbian Auxiliary Police."
And then for the 16th of December daily reports of the 3rd Battalion of the 697th Infantry Regiment from 10 November to 15 November: "Advance of the Battalion from Sabac to Loznica surrendered by the Cetniks on 15 November. Communists are withdrawn."
16 November to 5 December: "Combing through of the terrain along Loznica. During this operation, appropriation of vital plants in Koviljaca and Zajaca, cooperating with the 1st Battalion of the Russian protective corps. Repeated contact with the Communist enemy.
"Enemy losses: about 220 dead, 345 prisoners (of which 25 were shot to death). Own losses: 2 dead, 16 wounded, 16 losses."
And then the further report of the 342nd Division, dated 17 December 1941, "Reports on Shootings to Death, Arrests and Reprisal Measures," directed to the Commanding General Plenipotentiary in Serbia:
"Enclosed, the Division submits reports on shootings to death, arrests and reprisal measures for the period from 6 December to 15 December 41 including Group III, 697 Infantry Regiment (26 September to 15 December 41 inclusive)." and the Group III is submitted as 3rd Battalion of this regiment. "Accordingly, the Division had a total of 4189 hostages at this disposal."
"Of these 3618 were transferred to Concentration Camp Sabac, 343 were transferred to Collecting Camp Belgrade, 70 to the Serbian Auxiliary Police Valjevo (Lukic), 75 were released."
And then, if your Honors will add those figures, they will total 4,106; and, subtracting 4,106 from 4, 189, the figure given is the total number of hostages at the disposal of the Division.
The next line: "so that a total of 83 hostages is still available.
"For the Divisional Command: The 1st General Staff Officer."
By "(illegible initial) Captain" And then on the 18gh this enclosure is sent along, dated the 18th:
"Report asper 15 December inclusive on shootings to death, arrests of hostages and reprisal measures" during the period from 6 to 15 December incl. measures of Group III, that is the 3rd Battalion of the 697gh Regiment -- "during the period from 6 December to 15 December 41".
Then turning over to page 12 in the German and page 13 in the English text:
"Own Losses: period of the report, dead (3)" in brackets and "wounded (19)" in brackets with a little cross after it, and on the original there is a note at the bottom which indicates that figures in brackets signify the Group III, 697gh Regiment which is subordinate to the 342nd Division which is in turn subordinate to the Armed Forces Commander Southeast. These figures in brackets signify this group which is included in the total; and the next figure, "Loses not retaliated preceding the period of the report, 7,098-now, if Your Honors will take that figure "7,098" and add to it the figure of 1250 which is arrived at by multiplying 3 by 100, and 19 by 50, a total of 1250 is reached and that equals 8,348, the next figure.
Excuse me. I am sorry. That is an error, if Your Honors please. This figure is -- I made the wrong computation here. This figure "losses not retaliated preceding the report" is 7,098 and then "Shot to death during the period of the report: Insurgents during combat action 8" with a figure in brackets for the 3rd Battalion of the 697th, 417, that is, in addition.
The next, "Hostages as reprisal measure 2" with a figure in brackets "(389)", which are the figures for the 3rd Battalion of the 697th.
Now, if these figures under "2" -- 8, 417, 2 and 389 -- are added they total the next figure which is 816; and then, if 816 is subtracted from the figure 8,348, the total for number "3", "Therefore the total as yet unretaliated 7,532," is reached.
Then the number of hostages at the start of the period of this report, 87; arrested during the period of this report, 484, and then in brackets the figure 4,009. The 4009, it is submitted, is the report for the 3 Battalion of the 697th, and the great difference in the two figures is based on the fact that their report is for 26 September to 15 December, whereas the report for the figures not in brackets, for the 342nd, other than this one battalion, the 3rd, of this one regimet, the 697, are only for the 9-day period 6 to 15 December.
The next entry consequently still available after deduction of perople shot to death under 2b is 4,189, and the figure which they subtract under 2b is 816, so that the number of people still available are 4189.
Turning over to the next page, this sets out in more detail the activities of the 3rd Battalion of the 697th which can be checked back into the earlier figures, dated the 18, and is a report for the 15 December inclusive, on the shootings to death, arrests of hostages and reprisal measures during the period from 6 to 15 December, 1941 including measures of Group III/697, during the period from 26 September to 15 December, 1941.
Our own losses for the period of the report, "Dead 3, wounded 19", the same figures which appear in brackets on the preceding page.
"Losses not retaliated preceding the period of this report, none" so the totals are 3 dead and 19 wounded.
"Shot to death during the period of the report:
Insurgents during combat action 417 Hostages as reprisal measures 389."
a total of 806.
"Consequently total still unretaliated 444" That figure of "444" is arrived at by taking the number of dead "3" and multiplying it by "100", which is "300"; taking the number of wounded and multiplying it by "50", which is 950.
Adding the two figures makes a total of 1250, and then subtracting from 1250, 806 the total of hostages shot as reprisals, and the insurgents shot during combat, the remainder is 444, which is the total number of retaliations that are yet to be carried out.
Dropping down to 4, the number of hostages, they set forth at the start of the period of this report, "None"; "Arrested during the period of this report, 4009; consequently still available after deduction, according to 2b," -- that is, hostages shot as reprisals, --"3620". The figure 4,009 less 389, - if that is performed, the figure 3,620, which appears under 4d, in the result. There are two notes in connection with these numbers, the first, that 246 of the 4,009 "Milhailovic-Cetniks", and the second, that 3,620 were transferred to the concentration camp at Sabac.
Now this figure, "4,189" is arrived at by taking,--if to that is added the figure "87" which is the number of hostages available, -- this is on page 12 of the German, 13 of the English -- which were the hostages available at the start of the period, subtracted from that a total of 4,102 is reached, and if to that is added 391, the hostages shot as reprisal measures, taken from 2b, the total, 4,4493 is reached, so that this last figure, on page 12 of the German, and 13 of the English is computed that way.
It does not include the hostages shot as reprisals, and the 87 is also part of that figure.
Item 5 of the report, turning to page 14 of the German and 15 of the English:
"Further shot to death during the period of the report:
As reprisal measure for losses of other troop units by.....
By virtue of special orders ......"
Then on page 12 of the original is a report, or rather a communication from Bader, dated 30 December 1941, and it is directed to the 342nd Infantry Division:
In accordance with application, The Commanding General-Plenipotentiary has ordered that the reprisal measure is to be carried out by shooting to death 25 persons as well as a levy of 500,000 Dinar by the 342nd Division.
Hostages are to be selected from that group of insurgents who committed the kidnapping and mistreatment. Both groups participated, hostages are to be selected equally from both groups.
It is signed "Bader, Lt. General Artillery".
Below is a reference to an oral report commanding officer, 342nd Infantry Division, dated 26 December 1941, and has to do with a 2nd Lt. Lange, who is appears is from the 2nd Battalion of the 699th Regiment:
"Commanding General Plenipotentiary in Serbia:
Enclosed, please find report by Infantry Regiment 699 concern ing the attack of Lt. Lange, Company Commander 2nd Company, 699th Infantry Regiment on 25 December 1941, about 2000 hours. The report could not be submitted earlier because Lt. Lange was not fully able to answer questions. Reprisal measures ordered by teletype, Commanding General-Plenipotentiary in Serbia No. 4825/41."
And, if your Honors will recall, that is the number of the commuication from General Bader to the Division which is on the previous page.
"secret, 30 December 41: Shooting to death of 25 persons, Levying of 500,000 Dinar was carried out."
27 Dec. '41 While combing through the area North and West of Sabac by Units II and III of the 697 Infantry Regiment 8 Communists were shot to death and 4 prisoners captured, .......30 Dec.
'41 In reprisal for the company commander of the 2nd Company of the 699 Infantry Regiment attacked on 25 Dec.
25 Communists were shot to death and 500,000 Dinar were levied on the municipality of Valjevo.
Then we turn to page 17, and quote the text. This is the order which your Honors and defense counsel were asked to disregard earlier:
"342nd Division, 6 January, 1942. Order for the annihilation of the enemy in Southeast Croatia."
Then it gives the scale of the map which accompanies the order:
1) Enemy:
Insurgents - including Mihailovic men - in Winter Quarters in the Eastern Part of Croatia west of Drina. Milhailovic himself is alleged to have taken over command in the area of Rogatica.
Enemy situation on 10 January 1942 will follow.
2) Mission:
The enemy is to be attacked and annigilated wherever he appears; he must not have any chance to revolt again in Spring.
Notwithstanding the inclemency of the weather the troops will complete this mission.
3) Troops
a) By virtue of the order of the Commanding General-Plenipotentiary in Serbia beginning 12 January 1942 at 1600 hours.
All committed troops--the 332 and 718 Infantry Division as well as participating Croatian Troops.
The latter with 7 Battalion, 9 Batteries, 3 Engineer Companies and one railroad company are under my command.
"The troops with the means at their disposal must do their utmost to supplement the special measures carried out by the Division. This is essential to the success of the impending operation."
It is signed, "Hoffman, Brigadier General and Commander. It has enclosures of, "Organization of Groups; and Combat Directive."
Combat Directives
1) General The impending operations comprise an extremely large and difficult territory.
There is little news from the enemy. Identification of the enemy again is difficult, particularly because various Yugoslav nationalities are living together. (Croatians, Serbians, Turks) The situation requires in particular an organized employment of troop interpreters, very extensive use of civilians acquainted with the country, in particular Croatian Administrative Officials.
The Division has applied for a certain number of Croatian Administrative Officials to assist the troops. But the latter will have to help themselves essentially. The enmity of the different tribes based on racial differences is to be exploited usefully.
Not to be considered as enemy are Soldiers of the Croatian Wehrmacht in uniform.
The insignia on the cap is a large round badge;
Soldiers of the Croatian Ustascha in uniform, Cap insignia U, Civilians (sometimes wearing military overcoats) with arms permit of the Croatian Wehrmacht.
To be considered as enemy are All non-residents and residents who according to reports have just returned recently:
All recognizable Mihailovic men with and without arms and ammunition.
All recognizable Dangic-Cetniksas enemies of the Croatians with or without arms and ammunition; all who in any way are recognized as Communists with and without arms and ammunition; all those who shelter or feed non-resident Mihailovic and Dengic men or Communists.
All those participating in the signal communications service of the enemy.
Here one must not differentiate between the members of different nationalities.
And the second enclosure to the order of General Hoffmann:
"In order to identify the enemy who frequently will not appear armed, surprise searches and interrogations are to be carried out.
"Refugees are to be pursued immediately, particularly since frequently they turn out to be leaders.
"The division will reward especially the capture of Draja Mihailovic who it is assumed is wearing civilian clothes. Compare distributed photos.
"4) Treatment of the Enemy "Communists in any case will be shot to death after a brief interrogation and only in special cases will be turned over to the division.
"Whoever participates in combat or is active in signal communications will be shot on the spot after a brief interrogation.
"Whoever offers resistance or escapes will be shot to death on the spot.
"Women and children will not be shot to death nor will they be taken along unless they have participated in combat or have been active in signal communications service.
"All communities must turn over arms and ammunition to the troops.
"Individuals bearing weapons are to be disarmed, captured and taken along by the troops as carriers. Prisoners unemployable as carriers are to be evacuated in the direction of Zvornik and Uzice.
"Houses showing defense installations or from which shots were fired are to be burned down. Beyond that nothing is to be burned down because of the need for billets.
"5) Croatia is a Friendly Country "The troops must be conscious of that fact and must avoid any excess in performing their task.
"Regarding the rations of the country, attention is called to the directives issued by branch Ib of the division."
DR. MENZEL: Dr. Menzel for the defendant Kuntze. In Document No. 1067 I would like to point out two things. At the beginning of the document, on page 9 in the German and page 10 in the English, there is a conclusion that 11 communists were arrested, and they are to be shot to death after a short interrogation as a matter of basic policy.
If I heard correctly, the word "grundsaetzlich" is translated in English, "as a matter of policy". This term, in my opinion, is too strong, and it is not a proper translation of the word "grundsaetzlich". "As a matter of policy" would mean that is a direction of policy, which is more than this word "grundsaetzlich".
THE PRESIDENT: In keeping with the previous policy of this Tribunal, may I suggest that the original be handed to the translator for her translation, stating the page that she is reading from in the German and in the English.
INTERPRETER: Page 10 in the English and page 9 in the German copy, "Where were 11 Communists arrested? Communists are to be shot to death after a short interrogation as a matter of principle."
THE PRESIDENT: Does that satisfy counsel?
DR. MENZEL: Yes, Your Honor. And I have to say something else about this document. May I have the document back please? In this document on page 13 they speak about shooting twenty-five people and a contribution--
THE PRESIDENT: Pardon me. On what page of the English?
MR. DENNEY: That is on page 15 of the English, if Your Honor please. He is referring to the communication from General Bader to the 342nd Infantry Division, dated 30 December 1941.
DR. MENZEL: From another part of the document one can see that Lieutenant Lange is concerned here, about whom it is said -- first of all, he wasn't completely capable of being interrogated. On this point, if the Tribunal allows, from the supplement which is mentioned here I would like to read a part of this which hasn't been read by the prosecution.
MR. DENNEY: Perhaps the easiest way, Your Honor, would be for the Doctor to indicate what he wants read in the German copy and then hand it to the translator, and it will be easier for her.
THE PRESIDENT: I think that it will be a good way to proceed.
(Mr. Scharf, German interpreter, read the passage in German.)
MR. DENNEY: This will be the same now for the record in English. It has been read in German, and counsel has agreed that is the part which he wishes read, if Your Honors please, and now the English interpreter will read it into the record.
INTERPRETER: "The company commander of the 2nd Company, 699th Infantry Regiment, was attacked in the town area of Valjevo and kidnapped. After numerous maltreatments he succeeded in freeing himself and going back to Valjevo."
DR. MENZEL: I asked that this part be read because from this it can be better understood why these shootings took place, especially in connection with the comment on the report of the 30th of December 1941, according to which Lt. Lange was not yet capable of being interrogated. Thank you very much.
MR. DENNEY: In view of the counsel's comment with reference to the portion which he has read, I believe it is also proper to direct the Court's attention to the fact that Lt. Lange was still alive at the time that this action took place. Turning now to page 22 of the English, page 21 of the German, Document No. NOKW-1094 is offered as Prosecution's Exhibit No. 166 in evidence. This is substantially the same as the orders contained in the previous communication from the Commanding General of the 342nd Division; however, here we have another division involved - the 718th. And there are one or two minor changes which might be called to the Court's attention. The Court will recall in the earlier document that the statement about shooting after interrogation applied only to Communists. However, here on page 21 of the English and 22 of the German, under entry "4", "After a short interrogation Communists and Serbian Chetniks will be immediately shot to death." "Serbian Chetniks" have been added here. And then down a little farther they put in the words "halt" and the equivalent that is to be used, "stog", in the area of operation.
And the rest of the order is the same as that before, concluding with the last paragraph beyond that, referring to the prior burnings, "Nothing is to be burned down in consideration of billets for the troops." And this is signed for the divisional headquarters by Dr. Ehirch, a major.
Then turning to page 24 of the English and page 22 of the German, we come to Document NOKW-1092 which is offered as prosecution's Exhibit 167 in evidence. This is a report of 9 January 1942 from the 1st Battalion of the 750th Infantry Regiment to its parent organization, the 718th Infantry Division; and it is stamped "Received by the Division on 10 January 1942."
It recites:
"The group advancing along the forest path on flat top trucks with heavy trench mortars and heavy guns made relatively slow headway due to the snow situation, notwithstanding the fact that 80 civilian auxiliaries of the plant had been employed for removing the snow from the path. At 1200 hours of 8 January, the mill East, Southeast of letter 1 of Lovnica Mus 1 was reached. In the course of the continued advance our spearhead encountered an enemy reconnaissance detail of 3 men who opened fire immediately. During the reply to the fire, one Chetnik was wounded, the two others escaped. The wounded man, a Serb equipped with Chetnik cap, rifle and ammunition was shot to death. During further progress the received strong fire from Cardak which was taken under fire with heavy trench mortar."
And it bears the legible initials of a Captain who was the Battalion Adjutant of the unit.
Then turning to page 26 in the English which is page 23 of the German text, Document NO-3338 which is offered as prosecution's Exhibit 168 in evidence; here again we have a report from the Chief of the Security Police and of the SD in Berlin, dated 19 January 1942. 65 copies were made, of which this is the 57th.
Under Roman Numeral III:
"III. Reich and Occupied Territories:
"The Chief of the Einsatzgruppe of the Security Police and of the SD in Belgrade reports:
"Arrests made by the Einsatzgruppe of the Security Police and of the SD. 12 persons for Communist activities, 2 persons for evasion of currency control, one person for unauthorized crossing of frontier.
The Serbian Special Police arrested: 58 persons for Communist activity, 2 persons for actively working with the insurgents. In addition, the names of 926 former regular Yugoslav Officers were listed. 440 of these can not be found, 79 were released for illness, etc., 407 officers were arrested by the municipal police and transported to a prisoner camp in the Reich. In the Banat 150 Communists were shot to death in reprisal for the murder of 3 Volksdeutsche field guards and in the camp Sabac, 100 Communists were shot to death.
Communism:
An active group of the Skoj in Belgrade was raided. 9 Serbs, mostly students, were arrested. The purpose of the group was the organization of Communist cells and the building of the Communist youth.
"An afternoon tea party, held by Communists, was raided. 30 arrests. All prisoners belong to small Communist sub-groups. Purpose of the camouflaged meeting: Reading of leaflets, collection of money, preparation of sabotage.
"On 5 January 1942, murder of a member of the Russian Factory Guard. The murderer, high school pupil Graga Radic, 18 years of age, was hanged publicly on 14 January 42. Two accomplices were shot to death. Investigation established that the three culprits are members of a larger-sized terrorist group and that they acted on orders. Up to now, 16 persons arrested, mostly adolescents and members of the Skoj. Aim of the group: recruiting workers and adolescents for the Skoj and for terrorists acts in Belgrade. The persons arrested included employees of the Belgrade municipal administration who issued forged papers to members of the activist group.
Partisan.
"Acer Vucuvic, the Commanding Officer of the 3rd Communist Company from Uzice arrested during the fighting of Serbian armed units. Two boxes of Italian ammunition were found among the loot.
"A 1st Lieutenant in the Serbian regular army was arrested. He was a member of the Staff of a Chetnik unit, loyal to the Government. He was convicted of having joined the unit by order of the band leader Mihailovic and of maintaining communication with Mihailovic.
"A major of the former Yugoslav Army was arrested. He was convicted of and confessed to having issued blank identification papers of the refugee commission to followers of Mihailovic.
"A confidential agents report established that Mihailovic insurgents attempt, in an increasing extent, to join Serbian armed units.
"Several confidential reports state that a Balkan revolt is planned. Communists, Nationalists and all other groups, though differing on interior politics are averred to have agreed on fixed time.
"It has been reported confidentially that the Communists intend to mine buildings containing German Offices in order to blow them up at the proper time."
Then turning to page 30 which is page 27 in the German, we offer Document NOKW-1361 as Exhibit 170, in evidence. These are daily reports by the Plenipotentiary Commanding General in Serbia to the Armed Forces Commander Southeast, covering the period 4 January, to the end of the month. We have only used a few of them. On 4 January, the Plenipotentiary Commanding General in Serbia, General Bader, reported to the Wehrmacht Commander Southeast, General Kuntze, "In Belgrade 3 January 20 arrests. Local Administrative Headquarters Cacak 10 January 12 Communists shot to death."
On the 6th of January - Major Hatfield has just called to my attention that I have given this Exhibit No. 170 and it should be Exhibit 169. Thank you. This is Document NOKW-1361 at page 30 in the English, 27 in the German, and it is offered as prosecution's Exhibit 169. It had been improperly offered earlier under a different number.
Returning to the portion of the Exhibit which deals with the report of the 6th of January, "On 3 January during operation southwest of Belgrade 6 Communists shot to death, 5 hostages arrested.
"On 3 January in Kikinda 9 Communist murderers shot to death and hanged. On 3 January 8 arrests in Belgrade."
Report for the 7th of January, "Reprisal measures for the murder of Russian factory guard. 1 of the perpetrators hanged, 5 shot to death." That is an incident which was referred to in the prior Exhibit 168.
The report for the 10th of January, "In connection with the murder of the Russian guard up to the 10 January further 39 Communists arrested." That is, it is submitted, the same incident that is referred to in the report of the 7th.
"Extensive inquires are in progress. In Belgrade 52 arrests. As reprisal for murder of 3 German Nationals (Volksdeutsche) in Kikinda 150 Communists shot to death."
In the report of the 14th, still from the Commanding General Plenipotentiary in Serbia, General Bader, to the Wehrmacht Commander Southeast, the defendant Kuntze, under "5", "In Vlaska 10,000 detonators confiscated. On 13 January in Belgrade 23 arrests. On 14 January reprisal measure for murdered factory guard carried out, i perpetrator hanged, 2 others shot to death."
And for the "6th to the 16th of January in the prison camp Pozega 10 Communists shot to death. In Belgrade 5 arrests."
Report for the 19th or rather the 20th, at the top of page 30 of the German text, bottom of page 33 of the English, "Operations on 19 January: In Regatice 300 Alpini from Visegrad joined the group. Supplement enemy losses on 18 January: 35 dead, 61 prisoners, 29 men shot to death."
Report for the 21st of January, "Operations on 20 January: Group 697 with 1 Battalion occupied Han Pijensak without combat. 8 insurgents were shot to death."
Then there is an additional report concerning losses only in the original of the teletype message which is handwritten.
And the last report in this entry, the report from General Bader to General Kuntze, 30 January 1942. "On 29 January in Sabac attempt of imprisoned Communists to escape by night 4 men escaped, 21 persons accessories shot to death."
Signed by Bader, as the Commanding General Plenipotentiary in Serbia.
THE PRESIDENT: We will adjourn at this time until 1:30 this afternoon. In announcing this adjournment, the Tribunal wishes to state that we are desirous of starting on time, and we ask and request and direct that all parties be here so we can start on time. Possibly on some occasions the Court has been tardy, but we trust that those occasions have been the result of necessary conferences.
(The Tribunal recessed until 1330 hours 23 July 1947)
AFTERNOON SESSION
THE MARSHAL: The persons in the Court room will be seated.
The Tribunal is again in session.
THE PRESIDENT: You may proceed.
MR. DENNEY: May it please Your Honors, one of my associates has indicated to me that he did not think the explanation made by me to Your Honors was sufficiently clear in reference to, -- sufficiently clear from the standpoint of my explaining it, if your Honors please. Page 13 of the English and page 12 of the German, Document NOKW-1067which is Exhibit No. 165 in evidence and I would like to very briefly go over that portion of the document with reference to the figures so that there is no doubt about our contention with reference to them. If Your Honors will turn to that page, and in order that the procedure might be a little more clear, I suggest that we number the lines of figures which appear to the right and defense counsel can do as well if they wish, that is lettering them. The first line under "1", period of report, opposite the letters 3 and 19 if we would put A; then opposite the figure below, 7098, if we would put D opposite 8348C; opposite 8 (417) D; E opposite 2 (389); F opposite 816; G opposite 7532; H opposite 87; I opposite 484 (4009), and J opposite 4189; and it is to be remembered that the figures in brackets represent the report of the IIIrd Battalion of the 697th Regiment of the 342nd Division which goes back to the 26 of September and is inclusive to the 15 of December. Whereas, the figures not in brackets, to the left of those where brackets appear, are the figures from the 6 to 15 of December for the balance of the Division, on line A, for the period of the report German losses: 3 dead and 19 wounded; and that is from the IIIrd Battalion of the 697th. Losses not retaliated proceeding the period of the report, 7098, opposite B. Now, if to figure B is added at the current ratio the figure of 1250, which is obtained by multiplying 3 for those dead, by 100; 19 those wounded by 50, the figures 300 and 950 are obtained and if they are added together a total of 1250 is reached.
If that total is added to figure B, then C 8348 is arrived at. Now, that is to be noted as under their own losses and includes the figure 3 times 100 and 19 times 50. Then dropping down to the next section of the report, figure 8 (417) on line D, those are insurgents shot during combat. The 8 represents the period 6 to 15 December and 417 represents the figure for the IIIrd Battalion of the 697th Regiment from 26 of September to 15 December and hostages shot as reprisal measures E to during the December period 6 to 15 by the Division and 389th by IIIrd Battalion of the 697th Regiment. Then if all of D and E, both the bracketed D and unbracketed D material are totalled the figure at F is reached which is 816. Then if F is subtracted from C the figure 7,532 or G is arrived at, which is the total as yet unretaliated. In short they deduct the hostages which have been shot from the line C and reach the line G, a total of 7,532. Then dropping down to number of hostages, paragraph 4 of the report, at line H, they have a hold-over of 87 in the period at the beginning of this period. Then that is at line H; then line I shows those arrested during the period, 484 by the division and in brackets 4,009 by the IIIrd Battalion of the Regiment. Now, if those two figures on line I are added together, a total of 4,493 is obtained. And, if from that 4,943 the total of the two figures on line I there is subtracted the total of the two figures on line E, 389 and 2, which is 391, hostages shot to death as reprisal measures, subtract the total of line I and a remainder of 4,102 is obtained. And, if to that remainder of 4,102 is added the figure for line H, 87, we reach the final total of line J, 4,189 and the number of hostages still available for retaliatory purposes.
Returning now to page 36 of the English and page 32 of the German, Document NOKW-1256 which is offered as Prosecution Exhibit 170 in evidence.
This is a collection of ten day reports from the Plenipotentiary Commanding General in Serbia Bader to the Armed Forces Commander South east, defendant Kuntze.