Then on page 74 -- on page 73 I would just like to read the heading of the report: "Macva-Cer: 9 Oct. 1941, 342nd Infantry Division."
And then I read from page 74 "Over-all impression." It can be seen from the text that later on this is supposed to be Pecanac.
In the fight against the Communists, P. is absolutely honestly on the German side. As a result of the fights between the Chetniks and the Communists the situation between the two has probably become such that it is not likely they will join together; at least for the time being. The incidents at Krusevac (24 Sept.) have shown that Kosta Pecanac cannot rely unconditionally upon his various groups. Kosta Pecanac also admitted readily that he must constantly count on unfaithful followers. His further development will depend very much upon the successes of the German army. So far as I (v. Bothmer) can judge, Kosta Pecanac is absolutely trustworthy. He will certainly always retain a strong group of followers.
In this connection, I would like to recall that the defense has already brought proof to show that Kosta Pecanac during the First World War was the leader of the insurgent movement in Serbia.
I now continue on page 74, the last paragraph: "Pecanac and Kraljevo: 28 Sept."
Headquarters Kraljevo:
On 22 Sept. the monk Nikotin Pavle, who was taken from the monastery Zuca (5 km S of Kraljevo) into the woods near Vrba (8 km east of Kraljevo) by members of the Vukasinovic and threatened with death because he wanted to work together with the Germans, states:
The Vukasinovic band belongs to the Pecanac group. The Chetniks of the K. Pecanac collaborated with the Germans as well as the Communists, and played one against the other.
Their plan was to get arms from the Germans, so that they then could join the Communists in an attack on the Germans.
The abbot Danilo of the Zica monastery and the Pope Bosko (surname unknown) work with the Chetniks.
And then I turn to page 78 of this document, the last paragraph:
Ministry of the Interior:
At 2 hours in the night surprise attack on Prokuplje by a band of 3-400 Communists. All offices demolished. 8000 Dinars were looted from the post-office. The District Governor and the official Kamperelic were kidnapped. During the combat against the bandits 2 Cetniks were killed, likewise one constable, 4 Cetniks wounded, 1 Communist dead, several of them wounded, the latter were taken along by the Communists. The fighting lasted 2 hours, Communists were forced to withdraw. In addition, 3 nationalist young men and 15 constables were kidnapped.
Then on page 81 at the top, the 11th of October:
Armed Forces Liaison Office:
In the Radovasnic Monastery all documents, orders as well as correspondence of Racic were captured. Racic evidently left his headquarters in a hurry, since he left behind his boots and officer's cloak.
Then on page 83 the last third of the page:
342 Inf. Div.:
In Losnica captured: Larger Ammur depot: 45 Grenades 7,5 cm, 30 anti-tank-grenades, 45 kg explosives, 130 kg black powder, 1100 bridge ignition fuses.
Then on page 84:
Report of 6. Volunt. Corps. 1st Lt. Bogomir Pavlovic: Arrived at Pozarevac on 2.10.
There Serbian Commander General Ilic, local Governor Commander Captain Krause, Commander of the Serbian Gendarmery Captain Djordjevic. Communist bands are strong in the district in the of Pozarevac, chief in P., P. Central Int. Agency, business world concealing the bands, beginning from Mayor District and community offices under criticism. District chiefs have dropped the reigns of power; some have fled into the city, they don't show up in their community offices, often for months. Some even make common cause with the bandits. Peasants, frightened by terror, give no information about the people in the forest. Bands appear in large groups (250 - 500 men), poorly clad, well armed.
From here I read the second paragraph:
7 October: Serbian Interior Ministry: In the area of Palanka Communist bands 700 men in the villages of Kusadak, Azanja, Batari, Jelenac, Crkvica burning archives, killing Nationalists."
Then I turn to page 86, the third paragraph on the top:
"Macva-Krupanj - 8-10 Army Liaison Post: Fleeing miner from K. reports that a month ago about 200 German prisoners were in K., who were undressed and left in their underclothes."
Page 87, the last paragraph:
"Valjevo 13.10. Army Liaison Post:
Reconnaissance activity of the bands around Valjevo constant kidnapping of inhabitants, who went shopping in surrounding villages. Conmander of the "Staff of the Save Div. of the Fighters for Liberation" by the name of Politikon (Belgrade Jew) issues recruiting orders. Order to all mayors of Popycke, Lukovac, Duplaja Babinaluke, Zabrdica (all northeast of Valjevo), to destroy all roads Valjevo-Belgrade. Requisitions of food throughout the area.
Then I turn to page 95. At the top, second paragraph:
"Krusevac 15 October. Peasants in the neighborhood of Krusevac are forced by the insurgents to commit acts of sabotage."
The last paragraph on the page:
"Final result of the evacuation of the Cer mountains will not show any considerable numbers of prisoners and booty. Strong forces of the enemy have retreated in time."
On page 102 I would, only in this connection, like to mention that all of the pages which are skipped contained reports about band activity, but I am only picking out various reports about the different kinds of activity:
"Kraljevo", I read on page 102, the second paragraph: Kraljevo: 15 October Wehrmacht Liaison Office: Over Kraljevo martial law and enforcement by Summary Courts proclaimed. Reprisal measures announced will be carried through (1:100). Own losses 1 officer 13 men. Partisans shooting from the roof-tops at the outer edges of the town. One of the partisans shot dead was wearing the uniform of a German lieutenant."
I would like to draw the attention of the Tribunal, in connection with this report, to the fact that with regard to this case of Kraljevo, the witness Von Gedl has been interrogated.
He stated that 300 persons were shot, that is, in spite of this report it seems that the reprisals proclaimed were not carried out to their complete extent.
Now I turn to page 106, second paragraph:
"10 October: Communists sneaked in to Nish from the woods.
Increased danger of sabotage. Communist couriers found disguised as Orthodox priests."
That was the section with regard to band activities which I wanted to give for the period in which Field Marshal List was in the Balkans.
Now I would like to go over to the methods and first of all I would like to show cases of mutilation carried out by the bands.
In this connection I would like to submit document, List 121, as Exhibit No. 48. It is to be found in Document Book 1, page 25. This is an affidavit by Professor Tangl. I would like to read part of this affidavit, beginning from the third paragraph:
"About August 1941 a construction detail of a signal unit numbering about 20 men was attacked by surprise and overcome near the village of Skela west of Belgrade. The German soldiers who had been taken prisoner, were put to death. A noncommissioned officer, photographic reporter of my unit, photographed the corpses according to instructions of the army medical commission charged with the investigation. I saw the pictures. The corpses showed horrible mutilations besides many wounds. Owing to the horrific character of the pictures they were not published."
Then further proof was given by Document, List 27c. This becomes Exhibit No. 49. 27c is contained in Document Book 1, page 27. This is an affidavit by Theodor Jestrabek, and I would like to read from the 4th paragraph:
"In September 1941 three soldiers of my group, namely: acting corporal Strelka, acting corporal motordriver Glaser, both from Vienna and acting corporal Wagner from the Sudetenland, were dispatched on a truck from Athens to Belgrade with the order to receive rations for the Staff of the Army District Command 12 and to bring them to Athens.
The truck with the three soldiers never returned. After searches lasting months and covering all military districts and garrisons concerned, my organization received in the middle of 1942 at Saloniki, where the staff had meanwhile been transferred, a report of the Kragujewac district command, stating:
Having been loaded according to orders in Belgrade, the truck with the above named three soldiers had left Belgrade in September 1941 for Kragujewac. Owing to the already existing danger from partisans the truck joined a convoy of sick soldiers. In the proximity of Kragujewac the convoy was raided by a column of partisans, part of it was separated from the rest, and according to a report of eyewitnesses, who were able to escape during the fighting, altogether 21 men, including my 3 soldiers, were overcome, taken prisoner by the partisans and carried away. After weeks of wandering about 20 men, including a first lieut. (medical) and my three men were at last stripped to their shirts, had to dig their own graves and were shot dead by the partisans. One of the German prisoners succeeded in escaping just before the execution. The statement furnished by him to the Command enabled later a German detachment to find the place of the execution and the graves, to identify the corpses beyond doubt and to bury them in the heroes' cemetery near Kragujewac.
I still remember well those events, because in my capacity of their former superior I had to report to the relatives of the fallen men. I had two photographs of each grave. I attached one each to my letters of condolence. The rest I kept in memory of the fallen soldiers."
Further proof is given by Document, List 118. This becomes List Exhibit No. 50. This is also to be found in Document Book 1, page 83. This is an affidavit by Dr. Drexler, and I read the last paragraph:
"The partisans did not observe the customs of war, in evidence of which I give two examples:
1) Commanders of medical units often complained, that the vehicles marked with the Red Cross were shot at from ambush at a close distance.
2) According to the report of the pilot a "Storch" airplane was shot at when rescuing wounded soldiers cut off in a mountain basin. They could not be rescued until night had set in."
For judgment of the methods used by the bands, I would like to submit List Document No. 128, and this become Exhibit No. 51. This is a document -this is in Document Book 1, page 31. It is an excerpt from an article which appeared in the Hannoversche Neueste Nachrichten No. 55 on the 19th of July 1947, with the title. "Is International Law Divisible?"
MR. FENSTERMACHER: I object to this. It is not a sworn statement. It is complete hearsay. We do not know who wrote it. The author is certainly not available for cross-examination as to his sources of information, and the period of time involved. He just stated the period of time of the indictment.
DR. LATERNSER: Your Honor, I cannot prove that, but I can inform the Tribunal that I made inquiries with the newspaper, and I wanted first of all to bring the author here as a witness, but in the end I decided not to. I would ask that this excerpt be admitted because the methods in the Balkans appear in this way that are practically as things happened after the way, so they happened also during the war, and I think that this is very important.
PRESIDING JUDGE BURKE: The objection will be sustained, and we will take our recess at this time.
THE MARSHAL: The Tribunal will be in recess until 1330 hours.
(The Tribunal in recess until 1330 hours January 6, 1948)
AFTERNOON SESSION (The hearing reconvened at 1330 hours, 6 January 1948.)
THE MARSHAL: The Tribunal is again in session.
THE PRESIDENT: We will proceed.
DR. LATERNSER: If the Tribunal please, I was just about to submit evidence for the methods used by the bands against the German armed forces. As further evidence I am submitting Document List 150-a, and this will become List Exhibit 52 -- I beg pardon, this will become List Exhibit 51. That document can be found on page 2 of Document Book 3. It is an affidavit given by Professor Walther Kittel, and I would like to read this affidavit. I shall start with the third paragraph:
"From 28 December 1940 until the spring of 1942 I was active as Generalstabsarzt (Major General) with the Twelfth Army in my capacity as its chief surgeon.
"In the course of the fighting against the partisans in Serbia, at several times reports came in, concerning the atrocities committed against German soldiers by Serbian bands. Amongst other things, a surprise attack was perpetrated against members of a signal regiment; the number of the regiment I do not remember any more. I remember that the German Command Offices made a detailed report concerning the atrocities which were thereby perpetrated by the Serbian partisans. I myself have seen the photos which were attached to this report. One could perceive from the photos that the corpses showed, besides bullet wounds, crushed skulls and injuries of the genitals."
MR. FENSTERMACHER: Your Honor, I object, this is complete hearsay, there is reference to a report which we already have in evidence, The report of the attack against the members of this particular signal regiment. The report itself is certainly the best evidence and speaks for itself.
JUDGE BURKE: That may be so, but I think for whatever it may be worth the Tribunal will receive it.
DR. LATERNSER: The Greek bands also used cruel methods. As evidence for this fact I am offering Document List 23-c, and this will become List Exhibit 52. This document can be found in List Document Book 1, on Page 29 of that document book. This again is an affidavit given by a former company commander Hausbacher, and I shall start to read the third paragraph of that document.
"From 6 April 1941 till the beginning of June 1941 I was platoon leader in the mountain infantry regiment 85 of the fifth mountain division; from the beginning of June until the end of October 1941 I was acting I b with the 5th mountain division; later from the end of October till 5 December 1941 I was company commander of the 15th company of the mountain infantry regiment 85 of the 5th mountain division.
"From 6 April 1941 till 24 May 1941 I was stationed in Northern Greece, from 24 May 1941 till 1 December 1941 on the island of Crete and after that for a short period in Greece (Athens district).
MR. FENSTERMACHER: If Your Honor please, I object to this document on the ground that there is nothing -- it relates entirely to Crete and we have not alleged any event on the island of Crete, during the period the affiant mentions he was there, against the defendant Field Marshall List. I submit that it is completely irrelevant and immaterial.
DR. LATERNSER: I know that there were no charges made against Field Marshall List on the basis of events taking place on Crete, but I contend that the inclination of the insurgents to use cruel methods against the occupation forces was not restricted to the mainland alone, but also was the case on Crete, and if it was handled in this way on Crete one could assume that it was handled the same way on the mainland, and that is why I believe this affidavit should be admitted.
JUDGE BURKE: For whatever probative value it may have, it will be admitted.
DR. LATERNSER: From 6 April 1941 till 24 May 1941 I was stationed in Northern Greece; from 24 May 1941 till 1 December 1941 on the island of Crete and after that for a short period in Greece (Athens District).
"When we had arrived on the island of Crete, I myself, just as the other members of my unit, found that horrible atrocities had been committed on the parachutists who had jumped off shortly before our arrival.
"I myself have seen a large number of corpses of members of the German Wehrmacht, which were mutilated in a truly bestial manner. Part of the corpses had their eyes put out and limbs cut off, especially also the sexual organs in part of the bases.
"Those facts were mainly established south of Cania and Sudabay. Later I myself made the acquaintance of the treacherous manner in which the fight was carried on by the civilian population. Frequently they shot at us out of houses and the members of the German Wehrmacht were often pelted with stones and such things, old women and children taking part in this activity. In spite of this conduct of the population and though sharper orders were expected by the troops in view of these atrocities, Fieldmarshal LIST, as far as I can remember, proclaimed an amnesty in September 1941, in consequence of which all partisans were released. By this amnesty calm was restored to a certain degree on the island of Crete."
And that affidavit is signed by Friedrich Hausbacher.
As last Exhibit in this particular chapter I am offering List Document 155, as List Exhibit 53. It can be found in List Document Book 3 on page 3. It is again an affidavit executed by a former non-commissioned officer Hilse, and I would like to read this document:
"In the morning of 30 May 1941 I jumped with a unit of the 3rd company of the parachute regiment No. 3 in the combat area Chania and was wounded by a shot in the head on the evening of the same day, in the course of a battle with armed civilians.
The bullet, which is still in my possession, was a soft nosed projectile, a kind of ammunition which according to my knowledge was neither used by regular British nor by the regular Greek troops.
"After a stay at the main dressing station in the penitentiary Galatas, the duration of which I am unable to state on account of a long time of unconsciousness, -- it might have lasted 2-3 days, -- I tried to go back to my combat troop. Because my wound incapacitated me to a great degree, I was transferred to a guard unit of the prisoner collecting point. The guard detachment was made up of wounded men of several parachute units. At the collecting point were besides soldiers of the Australian, New Zealand and Greek armies, also some civilians who were apprehended with weapons in their hands.
"One morning -- for the already stated reasons I am unable to fix the date, -- a parachute trooper came in order to fetch some prisoners for the transport of fallen soldiers. I accompanied the detail consisting of four Englishmen and the already mentioned parachutist. After a short walk, we reached the place where the fallen were lying. There were two men, whose uniforms, green coverall and jump trousers (the jump boots were missing), left no doubt of their belonging to a parachute division. The dead bodies showed the following mutilations: stabs in the eyes, cut off genital organs, and cuts in the abdomen in form of swastikas or similar to swastikas."
I omit the balance of this paragraph and I shall read from the next paragraph:
"Because the attitude of the English units was a fair one, according to my own observations and the statements of my comrades --, I was told for instance that English soldiers defended captured German parachutists by force of arms against the excesses of civilians, and on the other hand -- as described -- I can vouch for the participation of armed civilians in engagements, the responsible elements for these atrocities should be looked for among the indigenous population.
"The fact that a war against partisans was necessary at all, was shocking and surprising, both for me and my comrades, because even when the battle order was issued on 20 May at the home field Topolia, the unit had been explicitly prepared for a friendly inclined population and we were ordered to meet it half-way and in a correct manner."
This affidavit is signed by Werner Hilse.
MR. FENSTERMACHER: Your Honors, I would like to have Dr. Laternser tell me whether or not I am correct in believing that the combat sector Chania which is mentioned here and, therefore, all the events mentioned in this affidavit relate only to the Island of Crete.
DR. LATERNSER: The events themselves refer to the Island of Crete but I contend that the Greek population behaved on Crete in a similar or identical way as on the Greek mainland.
PRESIDING JUDGE BURKE: For the reasons previously stated, the objection will be overuled.
DR. LATERNSER: What kind of instructions the partisans themselves had can be seen from their basic instructions which I would like to read in part. This document is List Document 202 which I have already offered as List Exhibit 46. This document is contained in List Document IVb on page 121. I would only like to read a comparatively small part of these instructions which, in my opinion, are of importance. On page 121 in the second part of the page I shall start reading:
"For Official Use Only. Commander Serbia, Commando Staff. Belgrade 13 September 1941.
"Re: Instruction of the Central Committee of the Communist Party of Sebia Regarding the Operative Method of the Band Warfare.
"A member of the Central Committee of the Communist Party of Serbia, arrested by the Security Police, Einsatzgruppe Belgrade, had on his person the enclosed:
"Instruction of the Communist Party of Serbia for the Band Warfare.
"The tactics used up to now by the Communists at their execution of acts of sabotage and raids of all kinds, also against personnel of the army, show clearly that they are guided by these instructions.
"The instruction is sent, therefore, by the quickest way to all command authorities, offices and military units with the direction to instruct the troops immediately and comprehensively about orders and method of fighting of the Communist bands."
I shall omit the last two paragraphs and the signature is "Danckelmann, General of the Air Corps."
Towards the bottom of the page: "Copy of Translation. Partisan War."
"1) The lines of communication in the hinterland are very suitable objects for the guerilla war. Therefore, organized bands frequently push into the hinterland of the enemy, destroy railroad tracks, telegraph lines and bridges, set magazines afire, raid transports and harass the enemy in every conceivable manner."
I shall now omit the next two paragraphs and continue on page 123. The headline there is "Raids."
"During raids it is necessary to approach the enemy unnoticed and to attack him suddenly. Therefore, all movements must be carefully disvuised, even from the population."
I shall continue to read the last sentence on that page:
"At favorable places an ambush may be laid on highways used by the enemy in order to make a surprise attack against the enemy driving by."
Then it continues on page 124:
"The destruction of railroad tracks is apt to freeze the traffic for a greater length of time. If no explosives are available the track is to be broken up shortly before the arrival of a train. The disturbance of the railroad net is to be effected especially near sharp curves or in the neighborhood of woods.
Removal of only one rail is not sufficient to impair the lines; however, it may put the railway temporarily out of commission."
The next item is: "Raiding of Transports."
1. "Above all, the strength and size of the transport, the distribution of the escorting force, as well as the direction and time of passage must be found out.
2. "The best moment to attack is during the passing of a difficult spot, that is, at a bridge, in a ravine and while driving up hill into a forest.
3. "The transports may raided openly if the strength of the escort troop offers chances of success. Nevertheless, it is of advantage of entice the escort troop away from the transport, in order to then launch a forceful attack against the transport. If the escort is too strong for a successful raid a surprise attack is imperative in which the vehicles must be damaged, the tires cut and the motor magnetoes removed."
Next, page 125:
"Here raiding from ambush is recommended. Smaller detachments, not suitable for larger sale raids, may specialize in destruction of bridges. If the transport tries flight, the horses leading the transport must be killed in order to delay the flight. Raids on strong enemy columns are not to be undertaken but after the passage of the column single groups or the train may be attacked."
Then we have "Remarks Concerning Night Fighting."
"At night the knife plays the principal part. Fire arms are to be used only in order to mislead the enemy. A night raid takes the enemy by surprise, thereby increasing the chances of success."
I shall now omit a few paragraphs and continue reading with paragraph 5 on page 126:
"The knife attack takes place in front formation."
From this page I shall not read anything else but instead turn to page 128 where we have certain clues and brief summaries. There is only one number which I would like to read on 128 and that is number 24:
"Vengeance for fighters killed in action."
That's all I would have to say in respect to this instruction of the Communist Party for band warfare. The balance of this document I recommend to the notice of the Tribunal.
MR. FENSTERMACHER: Before we leave this, if your Honors please, I would like to call your Honors' attention to one excerpt from this document on page 127. "The Soldiers' Tasks," particularly No. 6:
"Be considerate towards your own countrymen; do not loot or steal but render assistance. The people should see in you the true fighter for their freedom and consider you their upright friend."
In view of the fact that several of the defendants have made reference to these instructions of the Communist Party of Serbia regarding the method of waging band warfare, your Honors will no doubt wish to examine it in some detail to see whether there are any orders for the execution or mutilation of captured German soldiers or any other orders exhorting the partisan units to commit breaches of the rules of land warfare.
DR. LATERNSER: If in this connection that fact has been pointed out, I would like to recall to the minds of the Tribunal that the witness von Sydow has testified that he read orders issued by the bands which ordered such things.
If the Tribunal please, in order to show that cruel methods were customary on the Balkans, I want to present to the Tribunal a number of newspaper cuttings which are dispersed over some of the document books. There is, first of all, List Document 125 on page 35 of List Document Book I, and I recommend this document to the judicial notice of the Tribunal.
MR. FENSTERMACHER: If Your Honors please, I object to this on the same ground as I have objected to other excerpts from newspapers. They are complete heresay, unsworn statements, the author is unknown and not available for cross examination.
PRESIDING JUDGE BURKE: To what page in Volume I do you refer?
DR. LATERNSER: It is Document Book I, page 35. In this connection, I would like to recall the fact that the prosecution themselves have submitted newspaper cuttings. I believe to recall that a newspaper cutting from Belgrade newspapers were submitted and that these were accepted.
MR. FENSTERMACHER: Those newspaper cuttings submitted by the Prosecution were submitted without objection by the defense and solely for the purpose of showing that there was publication and announcement to the population of the taking of reprisal measures by the German troops and not for the truth of the statements mentioned therein.
In addition to this, I have one further objection to this particular document, it is completely outside of the period of the indictment. The clipping is dated 15 July 1947.
PRESIDING JUDGE BURKE: The objection will be sustained.
DR. LATERNSER: If the Tribunal please, there is one event which plays a part of basic importance and that is the Topola incident because this shows the treacherous methods used by the bands. I am, first of all, offering to the Tribunal List Document 165a and this will become List Exhibit 54. This document can be found in List Document Book III on page 12. It is an affidavit executed by Dr. Gasser and I would like to read it:
"From 1 March 1941 to 12 February 1942 I was a captain of the medical corps of the reserves with the IInd Battalion of the 521st Army Signal Regiment, Army Command Southeast, in the office of the IV/b.
"Ad rem: The 22 men belonging to the IInd Battalion of the 521st Army Signal Regiment who were killed by Partisans in the Yugoslavian area at the beginning of October 1941, on whom I performed the post mortem in Belgrade as physician, exhibited in part such extensive injuries that it could be immediately assumed that many of them did not fall in the battle against the Partisans, but had been only subsequently shot by them. In some cases the skulls were completely crushed, and it was striking that besides other wounds, most of them had been shot in the head at close range. As was subsequently discovered, this was the case, too. To clarify the situation, I cite the following:
"At the beginning of October 1941, because of the sharply increased danger from Partisans, a covered troop of 26 men with 2 cars and 2 trucks were started off under the leadership of the 1st Lt. Lehr of the IInd Battalion of the 521st Army Signal Regiment which was stationed in Belgrade, in order to bring food and pay to a small troop unit --"
MR. FENSTERMACHER: Your Honors, I object to this portion of the affidavit because it is on its face complete heresay. This affiant's information goes only as information that he had as a physician performed postmortems but regarding the preceding events he has no knowledge other than heresay.
PRESIDING JUDGE BURKE: Quite a considerable portion of the testimony introduced in this trial might fall in that category. The objection will be overruled.
DR. LATERNSER: "-- of the regiment which was situated farther out. On the way there, the troop was ambushed by Partisan and fired upon. Of the 26 men, one succeeded in escaping in the confusion of the fighting, two were taken prisoner, and one, from whom the testimony originates, fled later. And the latter stated that two men, among them one Lieutenant, had fallen in battle, while the 20 others, among them also 1st Lt. Lehr, after the fighting had stopped because of the superior numbers of the Partisans, were herede together in a body in a valley, there shot in a sitting position, first with machine guns and then killed with shots in the head from a pistol. The above mentioned person last named was 21st among the 20 who were later killed, but since he did not move, although wounded by machine gun fire, and pretended to be dead, he was not noticed further by the Partisans, and after he saw and heard nothing more from the Partisans, he slipped away from there and came to a German military hospital. This testimony of the man was substantiated by the discovery of the corpses, for two were found in the fighting area and the other twenty somewhat to the side in a heap in a valley.
"Concerning the exact date and location of the attack, as well as the names of the participants, I can unfortunately not give exact information, since my notes made at that time were lost in my former residence in Innsbruck, in Peter Mayrstrasse 25, where in October 1944 during my absence on duty in the foeld, I was totally bombed out."
The affidavit is signed, "Dr. Gasser Luis."
The next document concerning the Topola incident is List Document 173. I offer this to the Tribunal. It is contained in the same document book III on page 15 and it will become List Exhibit 55. Here again we have an affidavit. It is executed by a non-commissioned officer of the Signal Regiment and the name of the affiant is Hermann Ellerbrake. I would like to read this affidavit, starting from the third paragraph:
"From the beginning of the war until 15 February 1943 I was assigned to the 521st Army Signal Regiment of the 12th Army first as Lance Corporal, then as Corporal and later as Sergeant. During this whole period I was a member of the 3rd company of the 2nd battalion of this signal regiment.
"On 2 October 1941 a security detachment, to which I belonged was attacked by partisans between Topola and Kragujevac. The security detachment suffered some casualties on this occasion. Finally a larger part of the security detachment was overpowered by the partisans. I myself successfully at that time avoided being taken prisoner by the partisans. Subsequently on 4 October 1941 I made a written report on this attack to my company (3rd company). A copy of this report dated 4 October 1941 at that time written by me personally is enclosed with this affidavit.
"On the day of the attack after having reported to Brigadier General Stahl from the 714th Infantry Division I once more drove to the place of the attack together with a pursuit detachment, where we met another pursuit detachment arriving from Kragujevac. As we searched the terrain we discovered a larger number of members of the beaten security detachment lying dead in kind of a kettle-shaped valley. The dead soldiers as well as those found lying killed near the motor vehicles in the vicinity of the place of the attack were loaded on to a truck and taken first to Kragujevac and the following day back to Topola. The total of persons killed amounted to 22, as far as I remember.