Chapter III: Section 1: (b) of the Hague Convention: The Laws and Customs of War on (1)

Land). Further, the Belgian population did not respect the sign of the Red Cross, and thereby offended against Article 9 of the Geneva Convention of July 6th, 1906; in particular, they did not hesitate to fire upon the German troops under the protection of this sign, and also to attack hospitals in which there were wounded, as well as members of the Ambulance Corps, while they were carrying out their duties (Apps. 3, 4, 12, 19, 23, 28, 29, 32, 41, 49; C9, 16-18, 32, 56, 66-70; D9, 21, 25-29, 38, 47). Finally, it is absolutely certain that German wounded were plundered and killed by the Belgian population, and indeed in many cases horribly mutilated; and that even women and young girls took part in these shameful actions. In this way the eyes of German wounded were torn out, ears, noses, fingers, and sexual organs cut off, or their bodies slit open (Apps. 54-66; C73, 78; D35, 37); in other cases, German soldiers were poisoned, hung on trees, deluged with burning fluid or otherwise burnt, so that they died a particularly agonising death (Apps. 50, 55, 63; C56, 59, 61, 67, 74-78). This bestial behaviour on the part of the population is not only absolutely contrary to the express obligation laid down in Article 1, Section 1 of the Geneva Convention regarding the "respect and care of" the wounded and sick of the enemy army, but also to the first principles of the laws of war and humanity.

Under these circumstances, the Belgian civil population who took part in the fights could of course make no claim to the treatment due to belligerents. On the contrary, it was absolutely necessary for the preservation of the German Army to have recourse to the sharpest measures against these francs-tireurs. Individuals who fought against the German troops had therefore to be cut down; prisoners could not be treated as prisoners of war, according to the laws of war, but as murderers. All the same, the forms of judicial procedure were complied with, in so far as they were compatible with the necessities of war; the prisoners were, when the circumstances permitted, only shot after a hearing in accordance with the regulations, or after sentence by a military court (Apps. 19, 20, 37, 40, 41, 43, 44, 48). Old men, women, and children were spared to the widest extent, even when gravely suspected (Apps. 49; C5, 6, 25, 26, 28, 31, 35, 41, 47, 79); and indeed the German soldiers, although their patience was put to an extremely hard test, looked after such people, whenever possible, sometimes in the most self-sacrificing manner, taking the helpless under their protection when in danger, sharing their bread with them, bringing the sick and weak to places where they could be cared for (Apps. C45, 47, 51-53, 55, 58, 80-86).

That the Belgian Government are largely to blame for the illegal attitude of their population towards the German Army is indisputable. For apart from the fact that a Government has, under all circumstances, to bear the responsibility for actions of this kind, which are the expression of the popular will, the serious accusation must be made against them that they did not put an end to this guerilla war, although they could have done so (Apps. 33, 51-53; D42, 43, 48). It would certainly have been easy for them to give the necessary instructions to their officials, such as the Burgomasters, members of the Garde Civique, and the soldiers, in order to check the passionate excitement of the people, which had been artificially aroused. Therefore the full responsibility for the terrible blood-guiltiness which rests upon Belgium must be attached to the Belgian Government.

The Belgian Government have made the attempt to free themselves from this responsibility by attributing blame for the occurrences to the destructive rage of the German troops, who are said to have committed deeds of violence without any reason. They have appointed a Commission for the investigation of the alleged German outrages, and have made the findings of this Commission the subject of diplomatic complaint. This attempt to pervert the facts has failed utterly. The German Army is accustomed to make war only against hostile armies, and not against peaceful inhabitants. The incontestable fact that from the commencement a defensive struggle was forced on the German troops in the interests of self-protection by the population of the country cannot be argued away by the investigations of any Commission.

The narratives of fugitives gathered together by the Belgian Commission, which are characterised as being the result of scrupulously impartial investigations, bear the stamp of untrustworthiness, if not of malicious misrepresentation. In view of the existing conditions the Commission was not in a position to test the correctness of the reports brought before it, or to grasp the connection of events. Their accusations against the German Army are therefore nothing but low calumnies, which cannot stand before the documentary evidence possessed by us.

The struggle of the German troops with the civil population of Aerschot did not arise because German officers attacked the honour of the Burgomaster's family, as is suggested on the Belgian side, but on account of a well-thought-out attack on the Commanding Officer of the place by the civil population, who treacherously murdered him (App. A). At Dinant it was not innocent, peaceful inhabitants who fell victims to the German arms, but murderers, who treacherously attacked German soldiers, and in this way involved the troops in a struggle which destroyed the city (App. C). In Louvain the fight with the civil population did not arise because fleeing German troops were involved by mistake in hand-to-hand contests with their comrades who were entering the town, but because a deluded population, unable to grasp the course of events, thought they could destroy the returning German soldiers without danger (App. D). Moreover in Louvain, as in other towns, the burning torch was only applied by German troops when bitter necessity demanded it. The plan of the destruction of Louvain (App. 50) shows clearly how the troops confined themselves to destroying only those parts of the city in which the inhabitants opposed them in a treacherous and murderous manner. It was indeed German troops who took care, whenever possible, to save the artistic treasures, not only of Louvain, but of other towns; a special German Commission has shown to what a large extent German troops protected the art treasures of Belgium.

The Imperial German Government believe that by the publication of the material contained in this work they have proved in a convincing manner that the action of the German troops against the Belgian civil population was provoked by the illegal guerilla war, and was required by the necessities of war. On the other hand, they level a solemn and emphatic protest against a population which has, by the most despicable means, waged a dishonourable war against the German soldiers and still more against a Government which, in complete perversion of its duties, gave rein to the senseless passions of the population, and now does not scruple to endeavour to free itself from its own heavy guilt by mendacious libels upon the German Army.

BERLIN, _May 10th, 1915_.

THE GERMAN ARMY IN BELGIUM

APPENDICES 2-66--DOWN THE EASTERN FRONTIER

App. 2.

Statement of Lieutenant of Reserve Max von Amelunxen, Jäger Battalion No. 4 (at the time attached to the Headquarters Staff, 2nd Army).

I took part in the sudden outbreak of hostilities at Liège as Reserve officer of my battalion. When during the advance upon Liège a stoppage occurred on the line of march, I rode out through the village of Battice to discover the cause. At the very first houses, I was fired upon, and saw clearly two civilians shooting from a window in the roof, whose fire I returned. One of them I must have killed with my Mauser carbine, for he fell to the ground at once. I believe I hit the other also. At the same time from different sides--in my estimate there were at least from 15 to 20 guns--fire was opened on myself and the cavalry men, who had in the meantime arrived on the scene. I received a light gunshot wound in the lower part of my body, while many pellets passed through my valise. The persons who fired were certainly civilians. The houses, from which they had been fired at, were set alight by the troops who had arrived. I myself had meanwhile ridden on farther. The incident must have occurred on the 4th or 5th of August.

During later motor-car journeys on military duties I was fired at by civilians on countless occasions. In France up to the present nothing of the kind has ever happened to me.

Signed: v. AMELUNXEN.

App. 3.

STATEMENT of Colonel von Gottberg, Infantry Regiment Freiherr von Sparr (3rd Westphalian), No. 16, 14th Division.

GUIGNICOURT, _September 29th, 1914_.

On the 5th August 1914, just before dark, violent gun-fire was directed against our heavy baggage from many windows by the inhabitants of the village of Blegny. Lieutenant Hahn deposes that troops were fired upon at night by the inhabitants from the very same houses in Blegny in which they had been entertained during the day. Musketeer Gocheln of the 6th Company was killed in this way; Musketeer Hochgrafe of the 7th Company was wounded by a shot in his shoulder. Both companies were witnesses to this. These incidents were repeated during the night, and in this way Musketeers Maiworm and Epping of the 5th Company were wounded.

Lieutenant Edler von Daniels testifies that in a Belgian village near Blegny his patrol was fired upon from ambush. This took place in a street where the 9th Company had bivouacked for a day and a night.

At Troisfontaines the 11th Company was fired upon from the houses by civilians. Musketeers Meister and Schwaffertz were wounded. In this same place men belonging to this company were in the daytime entertained with cigars and food, and particularly by an elderly man; this same man fired by night and wounded a man of the company.

Staff-Surgeon Dr. Falk, who, with the ambulance party of the 1st Battalion, wanted to push forward to the wounded on August 5th, 1914, was fired upon by civilians, so that he was forced to take shelter. Non-commissioned Officer Voss of the 4th Company was killed by three shots from civilians. He could not be fetched, as the street had been brought under fire by the inhabitants. Lieutenant Hahn was an eye-witness of what took place.

In Anderlues shots were fired from a house by a French soldier and a civilian. An Acting-Sergeant-Major and non-commissioned officer were seriously wounded, a musketeer of the 11th Company was killed. A witness of this occurrence is Captain Eckhardt. The soldier and civilian were shot.

Signed: VON GOTTBERG.

App. 4.

MILITARY COURT EXAMINATION of Staff-Surgeon of Reserve Dr. Rehm, Infantry Regiment No. 165.

CHERISY, _November 23rd, 1914_.

Court of the 7th Infantry Division.
President of the Court, Dr. WELT.
Secretary, LORENZ.

There appeared as witness Staff-Surgeon of Reserve Dr. Rehm, 3rd Battalion, Infantry Regiment No. 165, who, after the importance of the oath had been pointed out to him, made the following statement:

On the 6th of August 1914 I reached at Retinne a military ambulance station, where the staff was very busily occupied. The character of the station was clearly made known by its Red Cross flags, and in view of the whole nature of its activities no doubt could exist as to its real character. In the immediate vicinity no fighting had taken place; on the contrary, our troops had already advanced to Bellaire. Nevertheless our ambulance station was persistently fired upon; continually, for the whole day long, single shots fell amongst us, coming from the houses close at hand, and mostly, as a matter of fact, from the roofs. The shots which fell upon the hospital could only have proceeded from civilians, as there were no longer any enemy troops in the place. As I could not for the time being secure any troops for the protection of the ambulance station, I armed the lightly wounded and allowed them to return the fire--for the moment, however, with little success, as we could not see our well-concealed adversaries. When in the evening some detachments of troops arrived at Retinne and were also fired at, the houses were systematically searched. From some houses dozens of men were dragged out. It was noticeable that in the houses were only one or two women and no children at all, so that I formed the impression that the firing had been arranged beforehand. The men fetched out of the houses were without exception civilians of various ages.

Read over, approved, signed.

Signed: Staff-Surgeon Dr. REHM.

Proceedings closed.

Signed: Dr. WELT. Signed: LORENZ.

App. 5.

STATEMENT of Lieutenant Zielsche, Machine-gun Company, Infantry Regiment No. 42.

WALDRIEDER, _August 17th, 1914_.

1. At Visé the inhabitants carried out a surprise attack upon the 18th Pioneers on the night of the 15th-16th August.

2. Between Visé and Warsage my platoon was continuously fired at from the immediate surroundings from about 10 o'clock in the evening till 3 in the morning. A column of army bakers retired from Visé and was also fired at. We could see nothing of the inhabitants. When in the morning I passed through Warsage in order to secure provisions, it was empty, with the exception of one or two houses.

Signed: ZIELSCHE, Lieutenant.

App. 6.

MILITARY COURT EXAMINATION of Non-commissioned Officer of Reserve Rasch (Reserve Regiment No. 74).

HANOVER, _November 20th, 1914_.

Present:
President of the Court, LINDENBERG.
Secretary, LÜHE.

There appeared as witness Dentist Rasch, Non-commissioned Officer of Reserve, now in Reserve battalion, Infantry Regiment No. 74, who stated:

As to Person: My name is Gustav. I am 29 years old; Lutheran.

As to Case: When the mobile Infantry Regiment No. 74 was marching on Liège in August 1914, I received the order to remain behind with a detachment of the 9th Company for the protection of the baggage collected in the market-place at Poulseur. There were also available a few infantry soldiers and hussars as escort. Amongst the officers personally known to me was an Artillery Lieutenant of Reserve, Hildebrandt, who came from Hanover. When the regiment itself had already advanced from Poulseur in the direction of Liège, and night had fallen, the baggage and the escort beside it in the market-place were suddenly fired upon from all the surrounding houses. This hostile firing had clearly been planned and concerted beforehand, for immediately before the fire began the lights in the surrounding houses were simultaneously extinguished, and at the same moment came firing from all sides. We did not know what was happening to us. Moreover, we were not only fired at from the houses, but assailed with cartridges of dynamite or some similar explosive, which possibly were derived from one of the mines in the neighbourhood of Poulseur.

The firing continued, with certain intervals, the whole night through. We on our side of course opened fire and tried as far as possible to find shelter behind the baggage waggons. Nevertheless we had dead and wounded; among these was a Lieutenant of Reserve of a hussar regiment, whom we placed in an inn belonging to a German. I myself took part with my men in storming a number of houses. During this process persons who actually opposed us in the houses with weapons in their hands were shot down. Where we found arms and munitions in the houses, we brought the occupants into the market-place. I can affirm with absolute certainty that all those who resisted us or were brought to the market-place wore no uniforms; on the contrary, they were, without exception, civilians. Next morning when we had proceeded with the baggage to the outskirts of the town there arose from the town an extremely violent series of crackling sounds which served to indicate the existence of thousands of cartridges. Some of the men said that the countless cartridges which had been found in the Burgomaster's house were exploding.

Further, when the baggage of Regiment No. 74 withdrew on the following day through Poulseur from the direction of Liège, we were again fired upon.

Read over, approved, signed.

Signed: RASCH.

The witness was sworn.

Verified.

Signed: LINDENBERG. Signed: LÜHE.

App. 7.

STATEMENT of Captain Haupt, Commander of the Heavy Commissariat Column No. 2, X. Army Corps.

At midday on August 14th, at Louveigné, an artillery munitions column marching behind the commissariat column was fired on by civilians. The number of the column I cannot now remember.

On August 28th, at Gerpinnes, Driver Pook, who was looking for food in an abandoned house, was fired at from a neighbouring house, and wounded slightly in the hand. The search among the neighbouring houses for the assailant was unsuccessful.

Signed: HAUPT, Captain and Column Commander.

App. 8.

MILITARY COURT EXAMINATION of Sergeant-Major Mävers, Non-commissioned Officer Kielholz, Corporal Fruth, Lieutenant Schliep, Acting-Sergeant-Major Horn, and Corporal Niebeln, all of Infantry Regiment No. 73.

PONTGIVART, _November 12th, 1914_.

Present:
President of the Court, FUHSE.
Secretary, HENSEN.

There appeared as witnesses the under-mentioned persons, who, after the importance of the oath had been pointed out to them, made the following statement:

1. Sergeant-Major Mävers, 4th Company, Infantry Regiment No. 73.

As to Person: My name is Wilhelm Mävers. I am 27 years old; Protestant.

As to Case: On the afternoon of August 7th, 1914, somewhere between 6 and 7 o'clock, our company had to secure the eastern exits of Louveigné. We took up a position before a farm at the exit of the village. Suddenly--it was still quite light--a shot was fired near us; the bullet whistled close past my ear. The shot was evidently the sign for a general firing upon the company and on the baggage which remained behind us in the village, for there now commenced a violent fire from the houses, especially from the roofs and upper storeys. The company speedily took up a position on the slope of a garden near the farm where we were posted. While this was going on, I looked round and noticed that several shots were fired from the first storey of a corner house; one saw the smoke rise up after the shot was fired. I am quite certain that I saw that those who fired wore civilian clothes. The company replied to the firing for about 1/4 hour, and directed their fire against a house near the above-mentioned farm. In our neighbourhood the fire slackened, while in the village shooting still continued.

Read over, approved, signed.

Signed: MÄVERS.

The witness was sworn.

2. Non-commissioned Officer Kielholz, 2nd Company, Infantry Regiment No. 73.

As to Person: My name is Paul. I am 23 years old; Protestant; bank employé at Husum.

As to Case: On the 7th August 1914 I was one of a field outpost, which was placed about 300 metres west of Louveigné on the road. Suddenly as it began to grow dusk we were fired on from the village, and shots were directed against us from trees and from a rather high-lying cornfield. We skirmished out and lay down in a field of roots, and some of us replied to the fire. We then noticed that a number of people in civilian clothing who had been lying in the cornfield were running away. We were under fire for about half an hour, and at least 100 shots were fired at us.

Read over, approved, signed.

Signed: KIELHOLZ.

The witness was sworn.

3. Corporal of Reserve Fruth, 9th Company, Infantry Regiment No. 73.

As to Person: My name is Friedrich. I am 26 years old; Protestant; hairdresser.

As to Case: On August 5th, 1914, I found myself near the campaign baggage of the company. In the afternoon we reached Esneux, where we halted in the village street. The inhabitants were very friendly to us, and the people came out of the houses and gave us food and cigarettes without taking payment.

Towards evening we left this place and marched in the direction of Liège. We then noticed that the people looked at us from the windows and laughed ironically. About a kilometre in rear of Esneux we had to halt. Suddenly fire was opened upon us from some ground near us on our left, whereupon we received the order to turn back. Up to the present only single shots had been fired at us, but as soon as we regained the village a hot fire was opened from the houses. Shots came from almost every house; it was impossible to select any in particular. From the sound of the shots one could recognise that the guns were of different patterns. Several of us were wounded, one horse was shot dead, another was wounded. We searched the houses and found guns of various kinds. I did not see any of military pattern.

Read over, approved, signed.

Signed: FRUTH.

The witness was sworn.

4. Acting-Sergeant-Major Horn, 7th Company, Infantry Regiment No. 73.

As to Person: My name is Friedrich Horn. I am 28 years old; Protestant.

As to Case: On the 6th August this year I was in charge of the baggage of the 2nd Battalion of my regiment. When I arrived in the neighbourhood of Poulseur I sent forward three men of the cyclist company of the 10th Jäger Battalion, who had joined us as stragglers, as a cyclist patrol, towards the village ahead, in order to see if the battalion was already there. However, one man of the patrol soon returned with the news that he had lost both the others; they had apparently fallen, as the patrol had been fired at from houses in Poulseur. When I reached Poulseur with the baggage, I and my men also came under fire. I placed the two foremost waggons across the road for defence, and led my men forward. We also made preparations in a house for our own defence. Then things became quiet. After a short interval the firing broke out again, so that we were compelled also on our side to fire into the houses. The sound of the assailants' shots was altogether different from that from our rifles. There were no enemy troops in the place; it could therefore be only civilians who had fired. Several cavalry patrols also declared that they had been fired at by civilians.

Read over, approved, signed.

Signed: HORN.

The witness was sworn.

5. As witness, Corporal Niebeln, 7th Company, Infantry Regiment No. 73.

As to Person: My name is Ernst. I am 25 years old; Lutheran; by calling a merchant in Hanover.

As to Case: On the day of the fight near Liège our regiment, as we were leaving Esneux, was under fire from the houses. Further, when outside the town we were fired upon from the hill-sides on the right and left, and also from trees.

Our troops at once forced a way into the houses from which shots had come, and some civilians were brought out. A number of weapons were also discovered. I myself saw the civilians. There were no Belgian troops in the houses.

Two days after the battle of Liège, when we were leaving the village of Louveigné in the evening, a hot fire was opened on us from the houses. One man was wounded, and I saw the pellets in his back. We replied to the fire and drove the people from the houses. Only civilians emerged, and these were shot.

Read over, approved, signed.

Signed: NIEBELN.

The witness was sworn.

Signed: FUHSE. Signed: HENSEN.

App. 9.

MILITARY COURT EXAMINATION of Non-commissioned Officer Gruber, Bombardier Schökel, and Captain Neumann, all of the 1st Infantry Munitions Column, X. Army Corps.

ALSFELD LE VILLE, _November 25th, 1914_.

Present:
Officer of the Court, Lieutenant MAACK.
Secretary, Non-commissioned Officer SCHÜTTE.

With reference to what took place at the surprise attack at Louveigné, the under-mentioned witnesses, after the importance and sanctity of the oath had been pointed out to them, made the following statements:

1. Non-commissioned Officer Gruber.

As to Person: My name is Fritz Gruber. I am 35 years old; Protestant; non-commissioned officer, 1st Infantry Munitions Column, X. Army Corps; implement-smith in a machine factory in Hanover.

As to Case: On the second day of our march through Belgium we passed through Louveigné. The place was already burnt down. We halted here, and orders were given to water the horses. As we were waiting for the command to make ready, a shot was suddenly fired at us from a house in the street on our right, and after this a number of other shots followed from other points. I was standing by the last waggon in front of the supplementary convoy, so pretty nearly at the end of the column. We forced our way in the direction of the shots into the garden belonging to the house, and here caught two civilians, one of whom had his hand in his pocket full of cartridges. He was hidden in some bushes, and tried to escape on our approach; the other was standing close beside him.

Read over, approved, signed.

Signed: FRITZ GRUBER.

The witness was sworn.

2. Captain Neumann.

As to Person: My name is Wilhelm Neumann. I am 45 years of age; Lutheran; Captain and Leader of the 1st Infantry Munitions Column, X. Army Corps; Police-Court Councillor at Syke, near Bremen.

As to Case: On August 14th, 1914, my column was marching with others through Louveigné. A halt was made here for watering the horses. I was near the head of the column when I heard shots behind me. Subsequently I was informed that the rear of the column had been fired at from the flanks. Soon after, before I could make any definite arrangements, two civilian men were brought forward by soldiers belonging to my column, with the information that these were caught in trying to escape after they had fired on the column.

After a brief trial these persons were shot because they had been caught in the act.

Read over, approved, signed.

Signed: NEUMANN.

The witness was sworn.

Signed: MAACK, Lieutenant.
Signed: SCHÜTTE, Non-commissioned Officer.

App. 10.

STATEMENT of 1st Lieutenant Helmke of the Telephone Detachment, X. Army Corps.

On the night of the 11th-12th August at Hockai, in the quarter in which I lay with my platoon together with a platoon of infantry, two infantry soldiers were wounded in the head by small shot which had been fired from outside through the open door down the passage. As I myself, too, stepped out of the house a shot was fired at me in the dark, apparently from a revolver. As there were no enemy troops in the vicinity, it is only the action of civilian inhabitants which comes into question here.

When on the evening of the 22nd August, during an advance, I entered with my detachment the apparently deserted village of Aiseau, near Tamines, in the middle of the village, at a bend of the street, a vigorous fire was opened on the detachment from the houses on every side. This had the appearance of a surprise attack, thoroughly prepared beforehand; and this was afterwards confirmed by the fact that on searching the houses we discovered a considerable collection of ammunition on the window-sills, amongst it a large number of French cartridges.

As cartridges of military pattern were found in the houses of four of the inhabitants, we may accept it as certain that the inhabitants had taken part in the firing. The four inhabitants were arrested and led away by a platoon of pioneers who had carried out the search of the village.

Signed: HELMKE, 1st Lieutenant.

App. 11.

REPORT of Colonel von Wentzky, commanding 11th Cavalry Brigade, 5th Cavalry Division.

On the 10th August, Dragoon Regiment No. 8 arrived at Grande Rossière (2-1/2 kil. N.W. of Nives) and there bivouacked for the first time on Belgian soil, _i.e._ four squadrons of the regiment bivouacked in two detachments quite close to the village. The staff of the 11th Cavalry Brigade took up its quarters in a house. Here we found two elderly women and a young man who received us in a markedly cordial manner and exerted themselves most willingly in looking after us. We noticed that during the course of the evening young men came into the house for a short time and soon afterwards disappeared, and in the same way the young man belonging to the house disappeared.

Towards 11 o'clock in the evening I betook myself, accompanied by an orderly officer, to the bivouac of the 4th and 5th squadrons of Dragoon Regiment No. 8, which lay some 300 metres from my own quarters. When, after about 10 minutes, I wanted to return from this spot, I heard shots in various places; one could distinguish the reports of the sentries' rifles from those of other weapons. At this moment the Adjutant of Dragoon Regiment No. 8 came to me and reported that he had just been fired upon at the door of his house from a house lying opposite and ostensibly abandoned. I at once made the 4th squadron take up their rifles, and ordered Lieutenant Baron von Richthofen to surround the house from which the shots had come, and make prisoners of the persons found inside. Some minutes later the firing was renewed. Lieutenant Baron von Richthofen received a shot in the body, and died next day from the wound. Two civilians were fetched out of the house with pistols in their hands which had just been discharged; we also found in their possession both discharged and loaded cartridges. Later in the course of the night the bivouacs of Dragoon Regiment No. 8 were repeatedly fired at. According to the report of Lieutenant Nikisch there were found in the houses a considerable number of pistols, guns, and ammunition; also loose powder and quickfires, more especially in the house occupied by the 11th Cavalry Brigade.

Signed: VON WENTZKY, Colonel and Brigade Commander.

App. 12.

REPORT of Lieutenant-Colonel and Regimental Commander von Giese (Leib-Kürassier Regiment No. 1).

At Petite-Rosière, the first quarters occupied by the regiment in Belgium, the inhabitants received the troops, and especially the officers, with the utmost cordiality and goodwill, so that not the slightest difficulty was experienced in securing food and forage. At Grande-Rosière, distant about 1-1/2 kil., lay Dragoon Regiment No. 8, and also the staff of the 11th Cavalry Brigade. At this place the inhabitants waited until the officers assembled in the evening for the issue of orders, and then opened fire upon them as they left the house. Very soon after this shooting, shots were fired by the inhabitants of Petite-Rosière at the bivouacs of the squadrons and at the pickets. This firing only ceased completely when every inhabitant had been brought out of the houses and had one and all been locked up. The inhabitants of the village were not irritated in any way whatever, but were treated throughout with kindness.

On August 23rd at Bièvre the 3rd squadron acting as reconnoitring squadron found facilities for watering the horses placed at its disposal in a very obliging manner. Then after a short time the inhabitants fired at the squadron from the houses. In this place at the same time one of the inhabitants shot a trooper of the 8th Kürassiers dead, and severely wounded an infantry soldier.

At the fight of Les Rivages the regiment had to leave behind some of its wounded on a very thickly wooded hillside. When the surgeons and the ambulance men of the regiment approached the wood over open ground, shots were fired at them by the inhabitants in spite of the waving of two large Red Cross flags. On the nearer approach of our men the assailants withdrew; nevertheless, the ambulance men while still in the wood were again fired at, even when engaged in succouring the wounded.

Signed: V. GIESE, Lieutenant-Colonel and Regimental Commander.

App. 13.

REPORT of the Brigade Staff, 64th Infantry Brigade (32nd Division), in quarters at Condé.

_October 8th, 1914._

On the 5th August of this year the 64th Infantry Brigade entered Gouvy. The population at first gave us the appearance of being well disposed to the Germans, and was extremely cordial. Pails of water, _e.g._, were provided for the troops as they marched through, without any previous request for this service. The stationmaster was especially prominent in welcoming the troops; the parish priest, in apparently friendly fashion, took pains to make the officers comfortable. Despite all this, the behaviour of the inhabitants seemed to the brigade to be suspicious, and for this reason the place was searched for weapons. The search of the station buildings also took place in the presence of the stationmaster. To the question whether goods of any kind, weapons, explosives, etc., were to be found in the place, the stationmaster returned a most decided negative. His assertion, nevertheless, turned out to be false. For in a small room, lying hidden away, which, according to the stationmaster's statement, served for the storing of his furniture, we discovered, underneath a good deal of rubbish, boxes which contained about 300 Browning pistols. In addition to this there was concealed in the room a hundred-weight of dynamite. As the stationmaster could give no credible explanation as to the use which was to be made of these weapons and explosives, he was arrested.

Further, on the night of 8th-9th August 1914, the orderly officer of the 64th Infantry Brigade, Lieutenant of Reserve Schmidt, was ordered to ride to Vielsalm and there give the alarm to the Guard-Jäger Battalion and the 11th Jägers. On the way there he was fired at by civilians in the neighbourhood of Bovigny. At this time no enemy troops were to be found in that locality.

At Leffe it was established unquestionably by the Brigade Staff that, after the capture of this place, the civil population fired on the troops of the 64th Infantry Brigade from cellar windows and barricaded houses, to some extent even using small shot. In consequence, we lost a number of men, including officers.

Signed: MORGENSTERN-DÖRING.

App. 14.

STATEMENT of 1st Lieutenant and Column Commander Marggraf, Field-Bakery Column No. 1, III. Army Corps.

MONTAIGU, _October 3rd, 1914_.

On the morning of August 20th the Field-Bakery Column No. 1, III. Army Corps, had begun work near Marche, almost as far up as the village of Hollogne-Aye. The occupants of the houses in the vicinity displayed throughout the day no hostile intentions. Nevertheless, when towards evening a munitions column wished to drive up into position, quite close to the bakery, shots were fired at them from the neighbouring woods and gardens, which contained some single houses. On searching these houses no arms were found on the inhabitants, but some of them were still in possession of cartridges loaded with large shot. These persons were taken away.

Signed: MARGGRAF, 1st Lieutenant and Column Commander.

App. 15.

STATEMENT and MILITARY COURT EXAMINATION of Captain Burkhardt, Commanding Heavy Commissariat Column No. 2.

FERME FLEURICOURT, _October 3rd, 1914_.

The Heavy Commissariat Column No. 2 reports that the column on the 20th and 23rd August, before and after its entrance into Marche, was fired at by the inhabitants.

Signed: BURKHARDT, Captain and Column Commander.

Present:
President of the Court, SCHWEINITZ.
Secretary, LIPS.

FERME FLEURICOURT, _October 7th, 1914_.

There appeared as witness Captain Burkhardt, who, after the importance of the oath had been pointed out to him, made the following statement:

As to Person: My name is Heinrich Burkhardt. I am 44 years old; evangelical; farmer; now Captain of Landwehr; Commander of the Heavy Commissariat Column No. 2.

As to Case: On August 29th, 1914, outside Hollogne, fire was opened upon us from the wood from all sides. It was about 6 o'clock in the evening. We were on the march to Marche. There were no enemy troops in the neighbourhood. Our assailants were therefore civilians. We also took prisoner about twenty civilians who were caught red-handed in the wood, and these were conveyed to Marche by an artillery munitions column.

On August 23rd, 1914, we marched right through Marche. Shots were fired at us and at the munitions column from various houses. However, we made no halt here at all, as we were bound for Laroche.

Read over, approved, signed.

Signed: BURKHARDT.

The witness was sworn.

Signed: SCHWEINITZ. Signed: LIPS.

App. 16.

MILITARY COURT EXAMINATION of Army Baker Börner, 2nd Field-Bakery Column, XII. Army Corps.

MONTAIGU, _October 7th, 1914_.

Present:
President of the Court, SCHWEINITZ.
Secretary, LIPS.

There appeared as witness the baker Börner, who made the following statement:

As to Person: My name is Max Gotthard Börner. I am 30 years old; Protestant; by trade formerly baker; later, assistant pointsman; at present, baker in the Field-Bakery No. 2, XII. Army Corps.

As to Case: While we were quartered in Marche, or close to it, I went with field-baker Werner into the town, where, as we felt thirsty, we asked a woman who stood at the gate of a yard for _l'eau_. She gave us to understand that she would like to give us some coffee, and led us into the house by the back door. We both drank coffee, thanked the woman, and went out again by the same way. As I closed the back door one or more shots were fired from inside. One of the fingers of my left hand was covered with blood. We tried to enter the house, again, but the door had been fastened on the inside. I fired a shot through the door, but I do not know whether I hit anybody.

Read over, approved, signed.

Signed: BÖRNER.

The witness was sworn.

Signed: SCHWEINITZ. Signed: LIPS.

App. 17.

REPORT of Captain and Detachment Commander, 4th Infantry Munitions Column, and MILITARY COURT EXAMINATION of Acting-Sergeant-Major Kern, 3rd Infantry Munitions Column.

SIFFONE, _October 2nd, 1914_.

_Report._

On the 22nd of August 1914, at midday, I arrived at the northern entrance of Marche with the 4th Infantry Munitions Column, which I commanded, and received orders to pass through the village to the southern exit. I rode with some mounted men through the place, the principal buildings of which had already been arranged and taken over as hospitals. There was also here some of our infantry. Several inhabitants, amongst them a priest, were standing in the street, apparently inoffensive.

As I returned through the village, somebody levelled a gun at me from the window on the first storey of a house in the neighbouring street. My assailant was, however, prevented from carrying out his purpose, thanks to the watchfulness of an infantry sentry, who anticipated the treacherous villager and frustrated his purpose by a shot from his own rifle. Hereupon a lively fusillade developed from all the houses, in which the village priest took part.

Signed: MICHAHELLES, Captain and Detachment Commander.

SIFFONE, _October 5th, 1914_.

Present:
President of the Court, SCHWEINITZ.
Secretary, LIPS.

There appeared as witness Acting-Sergeant-Major Kern, who made the following statement:

As to Person: My name is Theodor Kern. I am 37 years old; Catholic; formerly mason; later frontier guard; at present Acting-Sergeant-Major of Landwehr in the 3rd Infantry Munitions Column.

As to Case: On August 22nd, 1914, about 2.30 p.m., I rode back through Marche, after I had previously ridden into the place to arrange for quarters. In front of me rode Captain Michahelles. As we passed a cross-road the Captain began to trot. At the same moment I saw at a first-storey window of a house in this cross-street a civilian, who was aiming with a gun at the soldiers, and in my judgment more especially at the Captain. Almost at the same instant came the crack of an infantryman's rifle, who fired up at the civilian.

On August 23rd, 1914, we were at Sorrinnes. During the day one noticed no signs of hostility among the inhabitants, but at 9 o'clock, when it had become dark, we were fired at from various houses. From one house Lieutenant Knauer received a shot in the abdomen, from which after some days he died.

Read over, approved, signed.

Signed: THEODOR KERN.

The witness was sworn.

Signed: SCHWEINITZ. Signed: LIPS.

App. 18.

REPORT of the Infantry Regiment von Winterfeldt (2nd Upper Silesian) No. 23 (24th Infantry Brigade).

_October 4th, 1914._

Captain Wagner states: On 22nd August, at Léglise, two civilians from Antier were handed over to the company, which was acting as escort to the heavy baggage. These had been caught with guns in their hands by two gendarmes. At this period the company was fired at by civilians on several occasions.

At Tintigny was discovered the body of a reservist of Infantry Regiment No. 38, who had been slain by the inhabitants with a mason's pickaxe. At Laheycourt a man of the 1st Battalion shot dead a civilian who had fired at the soldiers from a garden.

Captain von Debschitz states: At Nothomb, our first quarters in Belgium, after the General in command had issued a proclamation, the inhabitants immediately handed in a very large quantity of military rifles and ammunition, which not long before had undoubtedly been distributed by the authorities for the purpose of a "franc-tireur" campaign. These were, as far as I knew, Menier rifles, recently oiled, with cartridges in cotton packing, labelled exactly as if they had just been received from a depot.

Lieutenant of Reserve Schmidt, Leader of the heavy baggage of the regiment, states: On the night of August 23rd-24th, while we were on our way from Habay to Neuve-Ansart, the heavy baggage was several times fired upon at Houdemont and Rulles. At Houdemont, inhabitants fired from windows and from behind walls; upon this, some houses were set on fire. In rear of Houdemont the heavy baggage passed through a defile. Here we noticed small lamp signals, and then suddenly a heavy fire was opened on the baggage from front, rear, and both flanks. Several bullets struck the woodwork of the waggons and the oat-sacks, one of which is still in our possession. One man was missing; two horses were wounded and had to be killed. In the same way at Rulles and in the rear of this village, the baggage was fired at from the front and on the right flank.

On August 24th the heavy baggage on the road from Ansart-Tintigny was again fired at from houses by francs-tireurs. In this way two convoy soldiers were shot dead. On the evening of the 25th August the baggage passed through the village of Villers devant Orval. Our men were there received in friendly fashion by the inhabitants, who distributed fruit and eatables among the soldiers. When darkness fell, and the baggage came to a long halt outside the village, shots were suddenly fired at them from the rear.

Signed: COUNT KELLER.

App. 19.

STATEMENT of Captain and Battery Commander Walter, 3rd Battalion of Foot Artillery Regiment von Dieskau (Silesian) No. 6.

CONDÉ LES AUTRY, _September 25th, 1914_.

_August 22nd, 1914._--During the advance through Ansart the troops, among them the 3rd Battalion of Foot Artillery Regiment No. 6, were fired at by the inhabitants from the houses. The village was by order set on fire. The same thing occurred at Tintigny; the village was already in flames, but in spite of this the population fired from the burning houses upon the troops passing through.

_August 23rd, 1914._--Near St. Vincent the observation post of the 8th Battery was fired upon by the inhabitants from the woods at the back. These persons had withdrawn to the woods, because their village was burnt down.

_August 24th, 1914._--During our march through Jamoigne the battalion and the Light Munitions Column too were fired upon from the houses. Fire was also opened from the schoolhouse, which flew the Red Cross flag. The village was partially set on fire.

On August 25th, 1914, the 6th Battery, which was following the battalion in the evening alone, was fired on from the rear at Villers devant Orval, close to the French frontier, although the population had in the daytime behaved themselves in quite a friendly manner. The houses from which the shots had come were, by our leader's orders, set on fire.

Signed: WALTER.

App. 20.

MILITARY COURT EXAMINATION of Acting-Sergeant-Major of Reserve Ernst Wolff, Infantry Regiment No. 51.

LA MARC-AUX-BOERST, _September 23rd, 1914_.

There appeared as witness Acting-Sergeant-Major of Reserve Ernst Wolff, who made the following statement:

As to Person: My name is Ernst. I am 28 years old, of the Jewish faith.

As to Case: I am leader of the campaign baggage of the 2nd Battalion, Infantry Regiment No. 51. At noon on August 22nd, 1914, the campaign baggage under my command advanced through the Belgian village of Tintigny, through which our regiment had already ridden. From the market-place as far as the western exit we were assailed with a hot fire from the windows of a large number of houses. As we could hear from the whistling, our assailants were firing bullets. I noticed people at various windows with the usual Belgian caps on their heads, standing behind smoking rifle-barrels. As I had no effective troops at my disposal I endeavoured to pass through the village rapidly, but I allowed the drivers to dismount quickly for greater protection. From the western exit I brought the cartridge waggons forward to the firing line, while the field-kitchens, in order to keep them under shelter, were compelled once more to pass through the village. In this way they were again exposed to the fire of civilians, and here too a field-kitchen was rendered useless by a bullet through the boiler.

At midday on August 23rd I rode through the village of St. Vincent as dispatch-rider. As I rode past a house which flew a Red Cross flag, I came under a vigorous fire from this house and others lying near it, and here again I was quite convinced the assailants were civilians. My horse received a bullet through its ear as well as a glancing shot. I myself was uninjured.

Read over, approved, signed.

Signed: ERNST WOLFF.
Signed: LASSMANN, 1st Lieutenant and Court Officer.

App. 21.

MILITARY COURT EXAMINATION of Captain of Reserve Adolf Pachur, Field Artillery Regiment No. 6.

BINARVILLE, _September 25th, 1914_.

Court of Field Artillery Regiment No. 6.

Before the under-mentioned Court officer appeared as witness Captain of Reserve Adolf Pachur, Catholic, 40 years of age, unmarried. After being informed of the object of his examination and warned to speak the truth in his deposition, he made the following statement:

On August 22nd the Light Munitions Column, 1st detachment, Field Artillery Regiment No. 6, was fired upon by Francs-tireurs on its march through Tintigny. As the village had a long time since been cleared of the enemy by our infantry, and our firing line already lay some 2 to 3 kilometres beyond the village, the firing in question could have come only from francs-tireurs.

The same position occurred on the 23rd of August at St. Vincent. When the Light Munitions Column were ordered to halt in the village they were several times, with brief intervals, under hot fire from houses, gardens, bushes, and trees. It was noticed that the first shots were principally on every occasion from one and the same house, and were followed by a general fusillade. One civilian escaping from a house was shot dead by the officers and men of the column. A sergeant-major of infantry who, with a detachment, had been given the duty of clearing the village of francs-tireurs subsequently established the fact that this man was armed with a revolver.

According to the reports I received, the men of the column were questioned about their leader, _i.e._ myself, by the proprietor of a café. This person treated our soldiers with extreme friendliness, but secured no information. Shortly afterwards I saw how we were being fired at from this very house which was pointed out to me.

Read over, approved, signed.

Signed: PACHUR.

The proceedings were as above stated.

Signed: BARON VON STEINAEKER, Lieutenant and Court Officer.

App. 22.

STATEMENT and MILITARY COURT EXAMINATION of Lieutenant of Reserve Felsmann of the Light Munitions Column, 1st detachment, Field Artillery Regiment No. 6.

LANÇON, _September 23rd, 1914_.

At Tintigny, on the evening of August 22nd, I received the order to proceed to the Artillery Munitions Column to replenish ammunition. On the way at Sainte Marie I had the horses of the ammunition waggon watered. In doing this I received help apparently of the most willing character from the occupants of the house from which the water was drawn. When the harness had been put on the horses again, the occupants of this very same house fired at the ammunition waggon and wounded one or more of the horses.

The Light Munitions Column of the 1st detachment, Field Artillery Regiment No. 6, on their advance through Tintigny on August 22nd and through St. Vincent on August 23rd, were heavily fired upon by the inhabitants of this place from the houses, and partly also from bushes and trees. At St. Vincent we shot dead a civilian who had fired at us with a revolver.

Signed: FELSMANN, Lieutenant of Reserve.

BINARVILLE, _September 25th, 1914_.

Court of Field Artillery Regiment No. 6.

_Proceedings._

Before the under-mentioned officer of the Court appeared Lieutenant of Reserve Johannes Felsmann, Protestant, 31 years of age, married. After being informed of the object of his examination and warned to speak the truth in his deposition, he made the following statement:

I repeat the contents of the preceding statement of September 23rd, 1914, and regard it as correct in all its details.

Read over, approved, signed.

Signed: FELSMANN.

The proceedings were as above stated.

Signed: COUNT VON STEINAEKER, Lieutenant and Court Officer.

App. 23.

REPORT of the 2nd Battalion, Infantry Regiment No. 157 (78th Infantry Brigade).

1. On August 22nd, at Tintigny, the heavy baggage was fired upon by civilians from a house on which the Red Cross flag was flying. The house was surrounded, and a civilian who was jumping from one of the windows was shot dead. Witnesses of this incident are Lieutenant Groeger and Non-commissioned Officer Wollny of the 7th Company of the regiment.

2. On the evening of August 22nd, in the village of Rossignol, a corporal of the 5th Company was fired at from behind by a civilian with a shot-gun, and wounded.

3. At nightfall on August 23rd, Non-commissioned Officer Wilde of the 7th Company was dispatched with a detachment to Les Bulles to fetch straw for the bivouacs. On entering the village these men were fired at by the inhabitants. Orders were thereupon given to set fire to the place, and these were partially carried out.

4. Musketeer Adolf of the 7th Company discovered at Tintigny a musketeer of Regiment No. 38 tied to a fence with his skull split open. After considerable search our men discovered in the vicinity a bloodstained axe.

Signed: GUHR, Major and Battalion Commander.

App. 24.

REPORT of 3rd Battalion, Infantry Regiment No. 157.

Captain Rumland, Leader of the 11th Company, Infantry Regiment No. 157, declares:

When on August 22nd, 1914, I was attached to the heavy baggage, and this was compelled to halt a little way from Tintigny, I noticed a cart on which lay the body of the reservist Franke, 6th Company, Infantry Regiment No. 38. The helmet was driven in, and in Franke's skull was a square hole, caused by the pickaxe which was lying near him. This axe was smeared with blood, and the point fitted exactly into the hole in the skull. Franke had been slain in this way. Some soldiers present in Tintigny had found Franke's dead body tied to a fence, and made a report of this.

We officers held a court-martial for the examination of some twenty persons who had buried the executed Belgian civilians by the roadside, in order to investigate more thoroughly the circumstances of Franke's death. The court was presided over by the president of the Court-Martial of the 12th Division. For this purpose we brought these people with us into a field; on the way one of the prisoners sprang over a bridge into a stream with a stony bed, and was killed instantly. Our investigation was fruitless. We could not determine who was the guilty man. In my belief Franke was slain by the man who leapt over the bridge. The people who buried the executed Belgians made use of a pickaxe which exactly resembled the one which was lying near the slaughtered soldier, Franke.

Signed: ENGELIEN, Captain and Battalion Leader.

App. 25.

MILITARY COURT EXAMINATION of Lieutenant von Lindeiner (otherwise von Wildau), Field Artillery Regiment No. 6.

Proceedings at BINARVILLE, _September 25th, 1914_.

Court of Field Artillery Regiment No. 6.

There appeared as witness Lieutenant von Lindeiner (otherwise von Wildau), Field Artillery Regiment No. 6, who, after he had been informed of the object of the examination, made the following statement:

As to Person: My Christian names are Hans Erdmann. I am 31 years old; Protestant.