Chapter 9

The witness affirmed the correctness of his statement, referring to the oath already previously made.

Signed:Stempel.      Signed:Stemper.

D. App. 9.

Court of the Government-General at Brussels.

Present:Dr.Ivers, Judge of Military Law.Secretary,Rambeau.

Louvain,September 23rd, 1914.

First Surgeon, 2nd Mobile Landsturm Infantry Battalion Neuss, Dr. Berghausen made the following statement:

As to Person: My name is Georg Berghausen, born at Cologne o.Rh. on February 1st, 1881; Old Catholic.

As to Case: I am Battalion Surgeon in the Landsturm Infantry Battalion Neuss, and arrived at the station of Louvain with the 1st Company of this regiment on August 24th, 1914, at noon. I lived with the Staff in the Hôtel "De la Ville," and in order to prepossess the proprietor and the employés I immediately paid out of my own pocket 50 francs for the purchase of provisions. The evening of the 24th and the night passed quietly. At noon on the 25th I was on duty at Herent and Bueken. At about 4 p.m. I was again in Louvain. At about 5 o'clock I heard that there was a battle proceeding at Bueken. The 1st Company of the Landsturm Infantry Battalion Neuss, under 1st Lieutenant v. Sandt as company leader, marched to the north-west exit of Louvain. I had gone there previously by motor, and went as far as the fighting-line before Bueken, where I was repeatedly fired at whilst sitting in my car, though I was wearing the white armlet with the red cross. I returned to Louvain in my car at 11.30 p.m. I got out near the town hall and sent my car with the chauffeur to the station. I myself went on foot along the Rue de la Station in order to go to the station where I was living. On the way, between the town hall and the station, I was fired at from the windows of the houses about ten or twelve times. Close to where the Monument stands, I saw a German soldier lying dead on the ground; he had been shot in the head (mouth). His comrades, with whom he had passed the Monument, told me on inquiry as to who had shot the soldier, that the shot had been fired from the corner house of David Fischbach. With the help of my servant I broke open the street door, and there first encountered the occupant, old David Fischbach. I questioned him regarding the murdered soldier, because, as the other soldiers declared with certainty, the shot that had killed the soldier on the Monument place had been fired from his house. Old David Fischbach declared that he knew nothing about it. His son, young Fischbach, then came down the stairs of the first floor, and from the porter's lodge came an old servant. I immediately took father, son, and servant into the street. At this moment a tumult arose in the street because the soldiers, standing near the Monument, and I myself, were being terribly fired on from a few houses farther away on the same side. During this time I lost Fischbach, his son, and the servant in the darkness.

Lively firing proceeded from a house obliquely opposite the present commando, Rue de la Station, No. 120. Just in front of this house, No. 120, two officers of high rank and several soldiers passed, hurrying in the direction of the station on account of the violent firing. I can state with certainty that the officers and soldiers, who went along the Rue de la Station during the time that I passed from the town hall to the railway, did not fire. Accordingly, it is certain that while the German soldiers did not fire, the inhabitants fired on us German officers and soldiers from their windows in the Rue de la Station on the night of August 25th to 26th, at between 11 and 12 o'clock, and, particularly that when we passed the house No. 120, Rue de la Station, I saw myself that a murderous fire was directed upon us officers and soldiers from the second floor of this house. That we, or some of us, were not killed, I can only explain by the fact that the officers and soldiers ran along on the same side of the street from which the firing took place, and that, moreover, it was dark.

A few minutes later I met, near the Monument, the commissariat Commandant, Major v. Manteuffel, with the Belgian president of the Red Cross, the prior of the Dominican Monastery, and the old priest of the town. We four or five all saw the shot soldier and, a few steps farther, the old Fischbach lying shot in front of the Monument. I assumed that the comrades of the shot soldier, who had seen the firing from the house of Fischbach upon their comrade, had immediately carried out this punishment on the owner of the house. I then joined the Commandant with his group of eight soldiers and the three hostages. The Commandant went with his soldiers and the three hostages through the main streets of the town, and the Father Prior announced in a loud voice in Flemish and French that no Belgians should fire upon German soldiers, otherwise the hostages would have to be shot and the town would have to pay a fine of twenty millions, and furthermore the houses, from which German soldiers had been fired at, would be burnt.

From this statement of mine, which I can conscientiously swear to, it can be clearly seen that on the night of August 25th to 26th, and also on the forenoon of August 26th, the inhabitants fired repeatedly and frequently upon German officers and German soldiers without any cause, that is to say, without a German officer or a German soldier having first fired upon the inhabitants.

Finally, I wish to add that during those days I saw myself a 1st Surgeon, a Captain, and a Landsturm soldier wounded by small-shot, the two former in the face; I treated the Landsturm soldier myself; he had shot-wounds in the forehead, on the right hand, and the right thigh. I also treated a fourth wounded, a Landsturm soldier with shot-wounds in the thigh.

Read over, approved, signed.

Signed: Dr.Georg Berghausen.

The witness was then sworn.

Signed: Dr.Ivers.      Signed:Rambeau.

D. App. 10.

Court of the Government-General at Brussels.

Present:Dr.Ivers, Judge of Military Law.Secretary,Rambeau.

Louvain,September 17th, 1914.Station Buildings.

Non-commissioned Officer Friedrich Hüllermeier, 1st Company, 2nd Mobile Landsturm Infantry Battalion Neuss, made the following statement:

As to Person: My name is Friedrich Hüllermeier, born at Hardenberg, near Neviges (district of Düsseldorf), on November 13th, 1874; Protestant.

As to Case: On Monday, August 24th, 1914, our company, coming from Neuss, arrived at Louvain, the 1st Company having gone as far as Louvain by rail. I was attached to the baggage, consisting of three carts, three drivers, six men, and four cyclists. We arrived at Louvain at about 9.30 p.m. The night passed quietly at Louvain. On August 25th everything in Louvain was quiet until 5 o'clock p.m. Our carts and baggage, with the necessary guard, stood in front of the hotels in the station square. At 5.30 the baggage leader, Non-commissioned Officer Cardinco, came and gave orders to fetch the horses at once from the avenue and side-street, and to make them ready for marching. We stood harnessed. At about 8 o'clock our company, with 1st Lieutenant v. Sandt at its head, returned from the north-west exit of Louvain and drew up between our baggage. The company had been barely five minutes near the baggage when suddenly and unexpectedly we were terribly fired at from the surrounding houses, from windows, attics, and particularly from the roofs. Beside me stood the servant of Colonel Schweder, Corporal Fehnes. He received a wound in the head and several in the arm, and was carried from the place seriously injured. I also saw four of our horses hit by shots from the windows. I saw that many shots were fired on us from the Hôtel de l'Industrie, the hotel where our officers were staying. Several soldiers of our company are said to have been grievously injured. I add, that the inhabitants fired too high. This was our good fortune, for, in the terrible fire directed upon us from all the houses in the station square most of the German officers and soldiers would have been killed or seriously wounded. At the command of Colonel Schweder the company was then led close to the station building. We stood close to the station for about a quarter of an hour, and then I saw that the houses at the station—except the Hôtel "Maria Theresa"—were blazing. The Hôtel "Maria Theresa" had not been set on fire because, as I heard only later on, the German military store of benzine was near it. But I saw clearly that several volleys had been fired from the windows and the roof of this hotel, which were aimed directly at the officers and men in front of the station. Besides my company, about 120 to 150 soldiers from a regiment just detrained stood at the station. Only, now, since the volleys had been fired from the house Hôtel "Maria Theresa," we also fired at this house and set it alight. Not a single shot was fired either by our soldiers, standing near the baggage, or by my company, which returned about 8 o'clock from the north-west exit of Louvain, and which was partly standing between our baggage and partly lying down a little distance away. Only after we German officers and soldiers had been fired at from almost all the houses round the station did we receive orders to reply to the fire. I can swear to this.

The witness, after his statement had been read over to him, was admonished that his statement must be perfectly true, since he would have to swear to it. The witness declared:

I have only spoken what is quite true, and I can swear to it to the best of my knowledge.

Read over, approved, signed.

Signed:Friedrich Hüllermeier.

The witness was then sworn.

Signed: Dr.Ivers.      Signed:Rambeau.

Court of the Government-General of Belgium.

Present:President,Stempel.Secretary,Stemper.

Malines,November 19th, 1914.

There appears on citation the witness mentioned below, who, after the object of the examination had been made known to him, was examined as follows:

As to Person: Friedrich Hüllermeier, aged 40; non-commissioned officer, 1st Company, 2nd Landsturm Battalion Neuss, at present in Malines.

As to Case: On the afternoon of August 25th the alarm was raised in Louvain because there was a battle in the neighbourhood. I had instructions to be ready at the station to march with our baggage-carts (the baggage of the Staff and our company). I saw nothing of a light signal or a green light near the station. But towards the evening my attention had been aroused by a very large number of young people in civilian clothes—compared to the number previously—who moved about in the streets, and also went into some of the houses. Towards the evening I also saw some figures glide past the windows of the surrounding houses, and I noticed curtains at the open windows being pulled together. Suddenly, after 8 o'clock p.m., we were fired at from all sides as if by word of command. Many of us were wounded; some of us were seriously injured. My horse was shot in the head. We were ordered to lie down, and we fired upon the houses. Previous to this firing there was perfect quiet, and we were on the best terms with the inhabitants. Comrades, particularly such as had stood guard at the station, assured me in the most credible manner that on that evening, and prior to the sudden firing, they had seen light signals go up, especially red and green lights. I declare on my oath that I saw myself how we were fired at from the surrounding houses, particularly from the windows and attic dormers; I also clearly noticed many shots from the Hôtel de l'Industrie and whole volleys from the windows and the roof of the Hôtel "Maria Theresa."

I maintain my statement, made on September 17th, 1914, which has been read over to me.

Read over, approved, signed.

Signed: Non-commissioned OfficerHüllermeier.

The witness affirmed the correctness of his statement with reference to his previous oath.

Proceedings closed.

Signed:Stempel.      Signed:Stemper.

D. App. 11.

Court of the Government-General at Brussels.

Present:Dr.Ivers, Judge of Military Law.Secretary,Rambeau.

Louvain,September 17th, 1914.Station Buildings.

Landsturm-soldier Wilhelm Krebbers, 1st Company, 2nd Mobile Landsturm Infantry Battalion Neuss, made the following statement:

As to Person: My name is Wilhelm Krebbers, born in Crefeld, October 10th, 1873; Catholic.

As to Case: I can testify with certainty that the German officers and we German soldiers only fired on the houses after the inhabitants had previously made a murderous attack upon us Germans by firing many shots and whole volleys from the windows and especially the roofs of all houses near the station.

I was baggage leader. After the firing was finished, my baggage-cart and horses had disappeared. It was not until about 12.30 at night that I met in the Rue de la Station two soldiers of a strange regiment with my cart and my horses. I got on the cart and drove to the station. When I passed the Hôtel "Maria Theresa" several volleys were fired from the windows and the roof upon my cart. The horses bolted and only stopped behind the station at a wall.

The statement was read over to the witness, and he was admonished to speak only the truth, since he would have to swear to it. He then declared:

I have spoken the perfect truth, and can swear to it with a clear conscience.

Read over, approved, signed.

Signed:Wilh. Krebbers.

The witness was then sworn.

Signed:Ivers.      Signed:Rambeau.

D. App. 12.

Court of the Government-General at Brussels.

Present:Dr.Ivers, Judge of Military Law.Secretary,Rambeau.

Louvain,September 17th, 1914.Station Buildings.

Sergeant-Major Schmiele, 1st Company, 2nd Mobile Landsturm Infantry Battalion Neuss, made the following statement:

As to Person: My name is Arnold Schmiele, born on May 5th, 1882, at Berlin; Protestant.

As to Case: I am Sergeant-Major, 1st Company, 2nd Mobile Landsturm Infantry Battalion Neuss, and am under the immediate command of 1st Lieutenant v. Sandt.

When I had heard the first two or three shots of the inhabitants from the houses opposite the station—it was about 8 o'clock p.m., shortly after dark—I noticed coming in a south-westerly direction a swarm of small bluish balls of light that descended on us without making any noise and were then extinguished. I immediately drew the attention of the soldiers near me to this; five to six soldiers had, so they told me, made the same observation as I had done. In my opinion, this rocket was to be the sign for the inhabitants to begin firing at once upon the German soldiers; in any case, it is certain that immediately after the appearance of the rocket in the sky, the inhabitants fired from their houses. I saw that we German soldiers were fired on from two houses in the station square directly from the roof and from the attic windows.

I can swear according to the truth that in the station square where my company lay, the inhabitants were the first to fire on us from the houses, and that it was only then, after the Belgians had commenced the firing, that we Germans fired on the houses in the station square.

Read over, approved, signed.

Signed:Arnold Schmiele.

The witness was then sworn.

Signed: Dr.Ivers.      Signed:Rambeau.

D. App. 13.

Court of the Government-General at Brussels.

Present:Dr.Ivers, Judge of Military Law.Secretary,Rambeau.

Louvain,September 18th, 1914.

Landsturm-soldier Küppers, Landsturm Battalion Neuss, made the following statement:

As to Person: My name is Hubert Küppers, born at Güchen, district of Grevenbroich, on April 11th, 1877; Catholic.

As to Case: I am a soldier of the 1st Company, Landsturm Infantry Battalion Neuss.

On August 25th I was, in the evening between 7 and 9 o'clock, sentinel in front of the main entrance to the station building at Louvain. At about 8 o'clock the leader of our company arrived with his company in the station square. One part of the company drew up between our baggage-carts in the station square, another part lay down on the ground a few paces from us. The company had only been in the station square for about five minutes when I saw a green rocket go up, going in the direction above the Hôtel "Maria Theresa" at the station square. I saw how the rocket became extinguished above the Monument in the station square and a number of bright, many-coloured little balls fell down, which all went out in the air before they touched the ground.

Hardly had the green rocket and the small balls become extinguished when, on the opposite side of the town, and also in the direction towards the station, a red rocket became visible. After a few minutes the red rocket also became extinguished, and immediately afterwards a number of luminous little balls, blue, red, and green, from the rocket fell down and were extinguished before touching the ground. Only a few seconds later a murderous fire was opened upon the German soldiers from the windows and attics of nearly all the houses in the station square. I am certain that the two rockets were a sign to the Belgians for commencing the fire upon the German soldiers. At 9 o'clock I was relieved. I immediately reported to Non-commissioned Officer Grünewald, on duty in the guardroom, that at about 8 o'clock I had seen two rockets go up, one from the left of the town and the other from the right—the first, a green one, followed immediately by a red one, from both of which fell a quantity of luminous, many-coloured, small balls.

After the witness had been earnestly exhorted to speak the truth, he made the following statement:

I am ready to swear conscientiously to the incident of the two rockets just as I have described it.

Read over, approved, signed.

Signed:Hubert Küppers.

The witness was then sworn.

Signed: Dr.Ivers.      Signed:Rambeau.

D. App. 14.

Court of the Government-General at Brussels.

Present:Dr.Ivers, Judge of Military Law.Secretary,Rambeau.

Louvain,September 18th, 1914.

Non-commissioned Officer Engemann, Landsturm Battalion Neuss, made the following statement:

As to Person: My name is Hugo Engemann, born at Barmen on June 13th, 1876; Catholic.

As to Case: I am a non-commissioned officer of the 1st Company, Landsturm Battalion Neuss, and on August 25th I was on duty at signal-box 2. The guard is posted at some 800 metres' distance from the station at Louvain. I sat in front of the guard-house and noticed in the twilight, immediately after 8 o'clock, a red rocket in the sky. In my opinion it rose above the main railway station at Louvain. Immediately afterwards I heard loud firing from the town.

I can swear to my statement with a clear conscience.

Signed:Hugo Engemann.

The witness was then sworn.

Signed: Dr.Ivers.      Signed:Rambeau.

D. App. 15.

Malines,November 19th, 1914.

Court of the General-Government of Belgium.

Present:President,Stempel.Secretary,Stemper.

On citation there appears the witness mentioned below, who, after the object of the examination has been made known, was examined as follows:

As to Person: My name is Frederic Messelke, aged 42; corporal, 2nd Landsturm Battalion Neuss, 1st Company, at present in Malines.

As to Case: On August 25th I marched with my company in close order through Louvain to the station there. In the preceding action the Belgians had been pressed back. On our return the town was quiet, nor did we hear any shots on our return march. The troops in Louvain did not mistake us for Belgian troops trying to enter the town. Above the station I saw suddenly, at about 8 o'clock p.m., a blaze of light as of a rocket. On the appearance of this light we were suddenly fired upon from every quarter. At the command of our Feldwebelleutnant we fired on the houses. The shooting continued for some time. I immediately told my comrades that the signal light mentioned above was evidently a rocket.

Read over, approved, signed.

Signed:Fritz Messelke.

After the importance of the oath had been pointed out to him, the witness was duly sworn.

Signed:Stempel.      Signed:Stemper.

D. App. 16.

Malines,November 19th, 1914.

Court of the General Belgian Government.

Present:President,Stempel.Secretary,Stemper.

There appears as witness Corporal Heinrich Weinen, and is examined as follows:

As to Person: My name is Heinrich Weinen, aged 38; corporal, 1st Company, 2nd Mobile Landsturm Battalion Neuss, at present in Malines.

As to Case: On August 25th I saw from the station square a light signal suddenly given. Upon this signal we were fired at on all sides from the windows of the surrounding houses. The rooms, from which the shots came, were dark. I did not see any figures at the windows; I only saw the flash of the shots; the flashes from the objects pointed from the windows, which I took to be revolvers, were reflected from the houses upon the street. The bullets struck the square close to us and burst about our heads too.

Read over, approved, signed.

Signed:Heinrich Weinen.

After the importance of the oath had been pointed out to him, the witness was duly sworn.

Signed:Stempel.      Signed:Stemper.

D. App. 17.

Malines,November 19th, 1914.

Court of the General Belgian Government.

Present:President,Stempel.Secretary,Stemper.

There appears on citation Musketeer Wilhelm Mainz as witness, and is examined as follows:

As to Person: My name is Wilhelm Mainz, aged 39; musketeer, 1st Company, 2nd Landsturm Battalion Neuss, at present in Malines.

As to Case: On August 25th, in the evening, I was on guard at the signal cabin, about 1000 metres from the railway station at Louvain. Once, on turning round—it was between 8 and 9 o'clock—I saw clearly two bright rockets rising near the station. After the ascent of these rockets, I heard all at once in the town, and more especially near the station, violent firing.

Read over, approved, signed.

Signed:Wilhelm Mainz.

After the importance of the oath had been pointed out to him, the witness was duly sworn.

Signed:Stempel.      Signed:Stemper.

D. App. 18.

Louvain,November 16th, 1914.Stationsstrasse, 118.

Court of the General Belgian Government.

Present:President,Stempel.Secretary,Stemper.

On citation there appears as witness Corporal Erwin Bastian, who is examined as follows:

As to Person: My name is Erwin Bastian, aged 28, at present engaged at the Commandant's office at Louvain.

As to Case: On August 22nd I came here with 1st Lieutenant Thelemann, and was billeted upon a wine merchant, W. Philipper, opposite the infantry barracks, with two more comrades. Up to August 25th the relations between the local inhabitants and the soldiers were throughout good, so that the men went partly without arms. On this evening we retired to rest about 8.30; half an hour later we heard isolated shots in the street. From what seemed to me the unusual sound of these shots, I believe I can say with certainty that the shots did not emanate from our weapons. We dressed ourselves at once. From the window of my quarters I noticed several horses, especially officers' horses, galloping through the streets riderless and coming from Tirlemont. I also saw baggage horses without riders galloping past, presumably from the baggage column, which was then stationed in the market square here. Later we went to the infantry barracks, and there reported ourselves. When the shooting increased, we made our way out under the command of a non-commissioned officer to the Tirlemont street, but soon returned again to barracks. Our section had not been firing. On the way I saw dead horses lying in the street. Riderless horses also galloped past us. In the barracks we occupied the windows. From there I saw the flashes of different shots; according to the illumination they caused, they had been fired from the surrounding houses, perhaps at the height of the roof in the direction of the street. I heard the bullets from these shots fall in the street; I had the impression that they came from small bore rifles. It was dark in the street; there was no light; the electric lighting, which on the previous day was in order, had been destroyed during the night.

Read over, approved, signed.

Signed:Erwin Bastian.

After the importance of the oath had been pointed out to the witness, he was duly sworn.

Signed:Stempel.      Signed:Stemper.

D. App. 19.

Louvain,December 16th, 1914.Stationsstrasse, 118.

Court of the General Belgian Government.

Present:President,Stempel.Secretary,Stemper.

There appears on citation as witness Musketeer Robert Dreher, and is examined as follows:

As to Person: My name is Robert Dreher, aged 23; musketeer, 11th Company, Infantry Regiment No. 48, at present engaged at the Commander's office at Louvain.

As to Case: I arrived here on August 20th, and have remained here since that date. I was in the infantry barracks here, suffering with bad feet. On the evening of August 25th, at about 9 o'clock, I heard shots in the street. I therefore marched with several men under the command of a non-commissioned officer. In the Rue de Tirlemont shots were fired upon us from right and left of the houses of this street, and, as I could clearly see in the illuminating flashes of the firing, by people dressed as civilians. The shots came from the windows and roofs; the bullets struck the street. It was clear from the sound of the shots that they did not come from German weapons. We entered the houses from which the shots had come and brought out five to six civilians, all of whom still held revolvers in their hands. These persons were later on shot at the railway station. I did not notice any previous signal lights; riderless horses galloped past us, as well as baggage-carts and horses, without drivers. On the morning of August 26th I saw on the railway-station square many civilians shot, more than 100, among whom were five clergymen, because they had shot upon German soldiers, or because arms had been found with them. On August 27th I was in the town with a comrade. I was shot at, without being injured, from behind the hedges of a garden. It was in the afternoon; I was unable to see the person who had fired the shot. On civilians who had been shot we subsequently found distinguishing marks, from which I conclude that they were Belgian soldiers.

Read over, approved, signed.

Signed: MusketeerDreher.

After the importance of the oath had been pointed out to the witness, he was duly sworn.

Signed:Stempel.      Signed:Stemper.

D. App. 20.

Louvain,November 16th, 1914.Stationsstrasse, 118.

Court of the General Belgian Government.

Present:President,Stempel.Secretary,Stemper.

On citation there appears as witness Corporal Willi Kröber, who is examined as follows:

As to Person: My name is Willi Kröber, aged 24; corporal, 8th Leib-Grenadier Regiment, at present in Louvain at the Commandant's office.

As to Case: I have been here since the 21st of August, in the infantry barracks, Rue de Tirlemont, with bad feet. On August 25th, at about 9 o'clock in the evening, we here heard shots which, according to the sound, came from revolvers, but not German ones. We had to form up in the court. A sergeant-major distributed cartridges among us, whereupon I marched off with about twenty men. In the Rue de Tirlemont we were vigorously fired at from houses to the right of the barracks and from houses near the military hospital, the shots being fired from small rifles. We entered a restaurant, from which shots had been fired on us, and we found that the owner had about 100 Browning cartridges. He was taken prisoner and shot. In the public square I saw in the above-mentioned night two dead baggage horses and several German soldiers lying dead in the street. By the light of the shots it could be clearly seen that we were being shot at from the houses of the Rue Tirlemont. We also heard the bullets from these shots strike the street. On our return to barracks I still heard many shots in the distance. On August 26th I did not go out. On August 27th, in the afternoon about 5 o'clock, I went with five men under the command of a non-commissioned officer from the town hall to the market-place. In this square we were shot at with revolvers from the roofs of several houses; the bullets fell near us.

Read over, approved, signed.

Signed:Willi Kröber.

After the importance of the oath had been pointed out to the witness, he was duly sworn.

Signed:Stempel.      Signed:Stemper.

D. App. 21.

Malines,November 18th, 1914.

Court of the General Belgian Government.

Present:President,Stempel.Secretary,Stemper.

There appears on request as a witness Assistant Medical Officer Keuten, who declares:

As to Person: My name is Arnold Keuten, aged 25; Assistant Medical Officer of the 2nd Mobile Landsturm Battalion Neuss, at present in Malines.

As to Case: As far as I remember, I came to Louvain in the course of the afternoon of August 27th, and was there until the beginning of October, when the Landsturm Battalion marched off. In the course of the afternoon I heard shots in the Rue de la Station. I was then wearing the Red Cross armlet. I had the impression that shots were being fired on us from a house in spite of my visible Red Cross armlet. We moved towards the house. A German soldier of another battalion jumped out of the first floor of this house, and in doing so broke the upper part of the thigh. He related to me that he had just been pursued and shot at by six civilians in the house. Later I went to the station at Louvain. There two German soldiers, both wounded by small shot, were taken to the ward under my care. They had small shot in the upper part of the thigh and the abdominal muscles respectively. According to their statement, civilians fired at them from houses when they were standing at the station between carriages.

From September 10th to September 12th I had the care of a concentration ward in Wygmael, about 5 kilometres from Louvain. From the 10th to the 12th of September there had been some engagements in the vicinity, especially at Rotzelar and Wackerzerl. It was reported to me that there were still on the battlefield about 300 Belgians. I went there twice to take care of the wounded Belgians, the first time with a cart and a few men wearing the Red Cross. In bringing out the severely wounded Belgians from a house, we were shot at from bushes two or three times, though it was still light. On the second occasion, too, when I went to the field with two motor ambulances and two transport cars for wounded, marked with the Red Cross and carrying flags with the Red Cross that were visible a long way off, shots were fired at us from bushes; the drive was merely undertaken in order to bring in Belgian wounded.

Read over, approved, signed.

Signed:A. Keuten.

The witness was duly sworn.

Signed:Stempel.      Signed:Stemper.

D. App. 22.

Malines,November 19th, 1914.

Court of the General Belgian Government.

Present:President,Stempel.Secretary,Stemper.

There appears on citation as witness Non-commissioned Officer Joseph Fenes, who is examined as follows:

As to Person: My name is Joseph Fenes, aged 44; non-commissioned officer, 1st Company, 2nd Landsturm Battalion Neuss, at present in Malines.

As to Case: I arrived at Louvain on the evening of August 24th with my Landsturm Battalion. In the afternoon of the following day, at about 4 o'clock, I was ordered to saddle at once, ready for battle, the two horses of our commander, Lieutenant-Colonel Schweder. The hotel, at which my commander had put up, was situated at the right, looking from the station square, at a corner of the square. When I arrived at the hotel with the two saddled horses my commander had already left in his automobile for the battlefield. I was instructed to wait with the two horses outside the hotel. From this point in front of the hotel I could well overlook the station square. I noticed that on the stroke of 8 o'clock (German time) a rocket went up suddenly from the station square, such as I have seen them at displays of fireworks. The rocket, giving a bright light, went up from the square to the right of the station from a bush near which there are to-day graves; I was about 50 metres away from it. I only saw one rocket go up. Before the rocket went up I had already noticed that between 6 and 7 in the evening a remarkable number of the civilians who passed me entered the hotel of my commander and went up the stairs.

Hardly had the above-mentioned rocket gone up when shots were fired from all the surrounding houses upon the German soldiers who were in the station square. The shots were fired from the houses by civilians, as I noticed distinctly—it was still fairly light. I also saw civilians running about on the roofs of the surrounding houses and firing down from the roofs. The first shot fell from a window of the top storey of the hotel of my commander, outside which I was waiting, and, as I distinctly noticed, was fired by a civilian. Immediately afterwards many more shots were fired from the windows of this hotel into the street. For safety's sake I at once mounted one of the horses. But immediately after I had mounted, it was shot in the leg (hind leg) from the window of my commander's hotel, so that it fell down with me. Just afterwards the other horse also was struck by a bullet from the hotel. It fell on me, so that I broke a rib and shoulder. As I was lying between the two horses, I received suddenly from above, from a window of the hotel, a shot on the crown of the head. (Witness shows the wound; the injury is to-day still clearly visible, and is situated on the upper part of the head, approximately in the centre, so that he must have received the shot from above.) I was carried to the hotel by a comrade and bandaged by a German military doctor who did not belong to our battalion. Later on I was moved to another house, and then laid down in a place amongst some bushes. From there I saw that brisk firing was still taking place from the surrounding houses. The persons firing the shots I could not recognise because of the darkness. I declare most positively that the German soldiers only fired after the civilians had already begun the firing from the houses, after the rocket had gone up. After the rocket had ascended, wild and indiscriminate firing at once began from all the surrounding houses. A mad confusion ensued. Riderless horses and driverless baggage-carts tore past.

Read over, approved, signed.

Signed:Joseph Fenes.

After the importance of the oath had been pointed out to the witness, he was duly sworn.

Signed:Stempel.      Signed:Stemper.

D. App. 23.

Malines,November 19th, 1914.

Court of the General Belgian Government.

Present:President,Stempel.Secretary,Stemper.

There appears on citation as witness Medical Non-commissioned Officer Adam Meschede, who is examined as follows:

As to Person: My name is Adam Meschede, aged 42; medical non-commissioned officer, 1st Company, 2nd Landsturm Battalion Neuss, at present in Malines.

As to Case: On the evening of August 25th, between 8 and 9 o'clock, I was in a ward at the railway station of Louvain. As trained medical non-commissioned officer I was bandaging the wounded there. Among the wounded two German soldiers of the 1st Company of our battalion were brought to me this evening; their names are Kloenters and Roesseler. In both cases I ascertained, and I declare this on oath, that they had been injured by small shot in the head.

On this evening I had in all about forty to fifty German wounded brought to me.

Read over, approved, signed.

Signed:Adam Meschede.

After the importance of the oath had been pointed out to the witness, he was duly sworn.

Signed:Stempel.      Signed:Stemper.

D. App. 24.

Malines,November 19th, 1914.

Court of the General Belgian Government.

Present:President,Stempel.Secretary,Stemper.

There appears on citation as witness Musketeer Franz Bongartz, who is examined as follows:

As to Person: My name is Franz Bongartz, aged 41; musketeer, 1st Company, 2nd Landsturm Battalion Neuss, at present in Malines.

As to Case: On the evening of August 25th we came back from an engagement near Bueken, and formed up at the station. Suddenly, as if by command, shots were fired upon us from all sides from the surrounding houses, as I clearly saw. Whole volleys were discharged at us. I saw how we were being shot at from a restaurant there. We brought out from this restaurant a few women and one man, who were taken to the town hall. On the way there we were shot at from the houses. On the following day, at about 8 o'clock in the morning, I was shot in the knee. A German sentry showed me his rifle which, as I convinced myself, was hit by small shot. I saw clearly that civilians fired from the houses; the shot I received in the knee was fired from a cellar by a civilian.

Read over, approved, signed.

Signed:Franz Bongartz.

After the importance of the oath had been pointed out to the witness, he was duly sworn.

Signed:Stempel.      Signed:Stemper.

D. App. 25.

Quedlinburg,November 22nd, 1914.

Court of the Ersatzbataillon, 5th Hannoverian Infantry Regiment No. 165.

Present:Moellmann, Lieutenant, as Officer of the Court.Bringern, Sergeant-Major, as Military Clerk.

There appeared as witness Musketeer August Zander, 3rd Ersatz Company, 5th Hannoverian Infantry Regiment No. 165, shop assistant by calling, and after the importance of the oath had been pointed out to him, he was examined as follows:

As to Person: My name is August Zander, aged 21; Protestant; born in Schönebeck a.E., now living in Quedlinburg infantry barracks.

As to Case: On August 21st I was brought to the field hospital at Louvain because I was hurt in the foot. The field hospital was situated in the barracks of the 11th Belgian Line Infantry Regiment, opposite the military hospital, and was recognisable by a Red Cross flag.

Food was conveyed to us regularly by young Belgians, who visited a school in Louvain to train as clerics, by a few Dominicans or Franciscans, who wore yellow coats, and also by a few civilians. The nursing attendants wore white armlets with the red cross.

On August 25th these people, who had given us our food, had from the afternoon onwards disappeared without a trace. The evening meal we received on this evening from a civilian; it must in some way have been spoiled, for most who had eaten of it were attacked by violent diarrhœa.

In the evening, when most were already abed, it may have been 9 or 9.30, we heard suddenly violent firing. All who could jumped from their beds and endeavoured to get rifles to defend themselves.

The senior soldier present in the field hospital was a battalion drummer (sergeant-major) from Regiment No. 27, who was lying in bed severely wounded. He tried to quiet us by saying that we were under the protection of the Red Cross; no one could hurt us. Those of us who had been able to get rifles crowded to the entrance of the field hospital in order to defend ourselves.

I saw quite clearly two or three persons sitting on the roof of a neighbouring house, who fired at our hospital.

Below at the door, where the guard stood, we heard violent firing. One could distinguish clearly between the pistol firing, carried out by the Belgians, and the rifle fire of our own troops. Meanwhile, one or other of our soldiers came to us and told us to rest quietly; the attack undertaken by the inhabitants had failed. They only said that our sentinels were having a bad time, that they were covered with hot tar, and were suffering great pain.

Finally we went to bed again. We heard throughout the night single pistol shots, which could be clearly distinguished from our rifle shots.

Next morning, between 8 and 9, I had gone into the court. Two other soldiers were near. Suddenly about ten pistol shots were fired on us, which, as I saw clearly, struck the ground quite close to me. The shots had evidently been fired from the opposite roof by pushing back the tiles. On the way to the station, which we took on the same morning, we were repeatedly told by our posts to take care, as more shots had been fired. At the Louvain station it was some hours before the field hospital train went off. During this time several pistol shots fell again at the end of our column, which were evidently intended for the hospital train; a comrade was immediately afterwards carried from the rear part of the column, where he had just been severely wounded in the legs, to the front of the train.

Read over, approved, signed.

Signed:August Zander.

The witness was then sworn.

Signed as above.

Signed:Moellmann.      Signed:Bringern.

D. App. 26.

Report.

On August 26th, 1914, a motor-car, provided with a Red Cross flag and painted with the sign, stopped in the town hall square at Louvain.

The night affair in the streets was finished.

The square was being cleansed from blood, etc. From Mons had arrived a vehicle with wounded.

Of these Captain Count v. Reventlow, 12th Grenadier Regiment, was carried in the Voluntary Aid Society's automobile. It was 1 p.m., sunny, raining at times. Rifle fire upon this automobile was opened from the windows of the houses.

Signed:Georg v. Zitzewitz, Capitänleutnant,Delegate of the Voluntary Aid Society.

D. App. 27.

Fürstenwalde(Spree),November 25th, 1914.

Present:Lieutenant Princezu Carolath-Beuthen, as Court Officer.Sergeant-MajorAltendorf, as Clerk.

There appears as witness Uhlan Friedrich Herzog, 1st Field Squadron, Uhlan Regiment (1st Brandenburg) No. 3, who states:

As to Person: My name is Friedrich Herzog, aged 29; Protestant.

As to Case: I was in the hospital at Louvain. On the evening of August 25th, 1914, 9 o'clock, we heard shots directed upon our hospital. The shots came from a house opposite the hospital. They were fired by civilians, whom I saw myself.

On the next day I was taken from the hospital to the station at Louvain. On the way there I saw how shots were fired by civilians upon four nursing sisters who were carrying a wounded German soldier. The soldier, on this occasion, was hurt in the foot.

Read over, approved, signed.

Signed:Friedrich Herzog.

The witness was sworn.

Proceedings took place as above.

Signed:zu Carolath-Beuthen, Lieutenant, Officer of the Court.Signed:Altendorf, Sergeant-Major, Clerk.

D. App. 28.

Frankfurt a.O.,November 23rd, 1914.

Court of the Reserve Battalion, Grenadier Regiment Prince Carl von Preussen (2nd Brandenburg) No. 12.

Present:Lieutenant and AdjutantQuander, as Officer of the Court.Acting-Sergeant-MajorTroschel, as Secretary.

On citation there appears as witness Reservist Emil Getzke, 2nd Company, Grenadier Regiment No. 12, now with the 2nd Company of Reserve Grenadier Regiment No. 12, and after the importance of the oath has been pointed out, he is examined as follows:

As to Person: My name is as stated. I am 24 years old; Protestant; fireman by calling, living in Berlin, Winstrasse 58.

As to Case: From August 19th to 26th, 1914, I was in Louvain, wounded, where I was stationed with other wounded men in a school arranged as a hospital.

On August 25th, shortly after 9 p.m., we suddenly heard rifle fire coming from the street, which later on was augmented by machine-gun fire. As we could see nothing from the window owing to the geographical position of our house, an Offizierstellvertreter, unknown to me, called the hospital guard, which was stationed in a building separated by the school-court, to inquire about the reason for the firing. The guard having replied to the query, the Offizierstellvertreter ran quickly over and returned in a few moments. He ordered all lights in the house to be extinguished, and no one was to fire. On the afternoon of the following day the hospital was cleared. All the wounded, I amongst them, were conveyed to the station in a furniture van. Immediately behind the van, sisters of the Red Cross carried a severely wounded soldier. When we had arrived at the station, and were about to leave the van, we were suddenly fired on by civilians who were passing. None of the wounded were hit, nor the sisters, but a few of the Landwehr men, who were accompanying the conveyance of the wounded. They, as well as the guard at the station, at once replied to the firing. A number of the assailants were hit by rifle shots.

Read over, approved, signed.

Signed:Emil Getzke.

The witness was then sworn.

Proceedings closed.

Signed:Quander, Officer of the Court.Signed:Troschel, Secretary.

D. App. 29.

Cologne,November 13th, 1914.

Royal Government.

Present:PresidentGreeven, as Judge.Referendary, Dr.Wolter, as Secretary.

On citation there appears as witness the soldier Dadaczynski, 6th Company, Reserve Infantry Regiment No. 27, who states:

As to Person: My name is Stanislaus Anton Dadaczynski, aged 31; Catholic; gardener in Stassfurt, near Magdeburg, at present in the reserve battalion, Reserve Infantry Regiment No. 27.

As to Case: When my battalion was in a village before Louvain, the name of which I do not remember, I was taken by a non-commissioned officer to Louvain on account of lung-trouble, together with two other soldiers who were suffering with their feet.

On Tuesday, August 25th, 1914, about 9 p.m., we were lying in the barracks in which I was placed, in our rooms, on the straw. Each one had by his side his rifle, also loaded cartridges. Suddenly we heard shots directed upon our barracks from the hospital opposite. Shots also came from the houses near the hospital. I can say with certainty that shots were also fired from the hospital. We could hear distinctly that shots were being discharged not only from guns, but also from machine-guns.

When we heard the shooting we took our rifles and ran from the second or third storey, where we were stationed, downstairs. As the main entrance of the barracks was covered by machine-gun fire, we could not get out of the barracks. Some of us, who tried all the same, were wounded; one fell dead. When the shots ceased for a moment we ran, thirty to forty together, out of the barracks. We were shot at from all surrounding houses, from cellars and windows.

We now stormed all the houses from which shots had fallen; I with four others rushed into the first house to the left of the hospital. We brought out five inhabitants; from the other houses, close by, about twenty men were brought out. Those who were found with arms were immediately shot or bayoneted. Some twenty men, who were unarmed, we brought to the barracks. From all side-streets near the hospital came shots. We had to rush house after house. Wherever an armed inhabitant was discovered he was killed. The house in which he was found was set on fire. I myself, together with a comrade, bayoneted one inhabitant who went for me with a knife.

Shots were fired not only from the windows and cellar-openings, but from the upper storeys of houses tin boxes filled with hot tar were thrown on us. I saw myself how a box filled with tar was thrown upon the helmet of one of my comrades, so that the tar ran down his neck and shoulder. Another comrade had been hit by such a tar box on the arm, so that the tar ran down his sleeve. Happily for them, the tar was no longer so very hot as to cause worse burns.

During the storming of the houses we again made a number of prisoners, among them women and children; these were taken for safety's sake. We brought these prisoners also to the barracks, and had to guard them there.

Shots were heard until 2 a.m., and between 6 and 7 a.m. the firing commenced afresh.

At about 9 a.m. I saw a church burning near the town hall, also many houses in the neighbourhood. The shooting continued intermittently until Thursday, August 27th, when I received instructions to accompany the convoy of captured francs-tireurs, to which were added about four hundred English prisoners, from LouvainviaAachen to Cologne, where we were dismissed to the Ersatz Battalion, Reserve Infantry Regiment No. 27.

Read over, approved, signed.

Signed:Stanislaus Dadaczynski.

After the importance of the oath had been urged upon the witness, he was duly sworn.

Proceedings closed.

Signed:Greeven.      Signed: Dr.Wolter.

D. App. 30.

Aix-la-Chapelle,November 14th, 1914.

Garrison Command.

Present:President of the Court, CaptainSchneider.Secretary,Klinke.

On citation there appears as witness Herr Hubert Sittart, Member of the Imperial Diet, living in Aix-la-Chapelle, and on being questioned he declares the following:

On August 31st a number of women of Louvain told me there, with tears in their eyes, of the sorrow caused them by the bombardment of the town. They admitted emphatically that our troops had been fired at from the houses and cellars. One of them, the widow of a medical man, thought the firing had been done by the Garde Civique. But when she heard that wounded were lying at Aix-la-Chapelle who had been seriously wounded by small shot, she had to admit that civilians had also taken part in the firing. She also agreed with me when I declared that the Garde Civique, as well as the regular troops, deserved no forbearance if they fired from an ambush, from cellars and roofs instead of in open, honest fighting.

The vice-rector of Louvain University, Monsignore Coenraets, told me that he was ordered as hostage to read out to the people a proclamation to the effect that the hostages would be shot and fire opened on the town if the troops were treacherously fired at. He had hardly read this out in one street when shots were actually fired upon the German soldiers accompanying him.

The importance of the oath having been pointed out to the witness, he was sworn according to regulations.

Signed:H. Sittart.Signed:Schneider.      Signed:Klinke.

D. App. 31.

Louvain,November 14th, 1914.

Court of the Government-General of Belgium.

Present:President,Stempel.Secretary,Stemper.

On citation there appears the witness Albert Lemaire, aged 37, professor of medicine, chief physician of St. Peter's Hospital at Louvain, living in the Leopoldstrasse, and he declared:

In the afternoon of August 25th German Landwehr (I do not know the number of the regiment) was quartered on me. The Germans behaved quietly and decently. Later on they marched out in consequence of an alarm. Later on in the evening, whilst taking supper with my family, I heard violent firing in the street. We fled to the cellar. Between 11 and 12 o'clock (Belgian time) I went once from there into the garden. There I was several times fired at, but owing to the darkness I cannot tell by whom. Previously I heard a German call out, "Louvain is on fire." I could see from my garden various reflections of conflagrations. I did not see civilians fire from houses or in the streets. Nearly all the houses of doctors and professors in the Leopoldstrasse are burned down.

On the following day I had my family taken to the hospital by two German soldiers for safety's sake. On Thursday, August 27th, the bombardment and destruction of the town was announced. I went to the country with my family. On my return I found my house burned down.

Read over, approved, signed.

Signed: Professor Dr.Albert Lemaire.

After the importance of the oath had been pointed out, the witness was sworn according to regulations. The examination took place in the German language.

Signed:Stempel.      Signed:Stemper.

D. App. 32.

Proceedings atLouvain,November 20th, 1914.

Court of the Government-General.

Present:President,Stempel.Secretary,Stemper.

Legal Statement of Evidence.

In a side-street of the Rue de Tirlemont at Louvain, near the prison, the following was ascertained:

In this side-street there is on the left-hand side, coming from the Rue de Tirlemont, a long wall, about 4 metres high. Opposite this wall lies a continuous row of houses of several storeys. The wall shows numerous traces of gun-shots. According to the traces of these shots, which are still clearly visible, they have been fired without a doubt from the upper storeys of the houses opposite. The range of these shots on the wall extends, according to the traces there left, transversely from the top to the bottom.

Signed:Stempel.      Signed:Stemper.

D. App. 33.

Depositionof Reservist Hermann Behnke, 11th Company, Reserve Infantry Regiment No. 86, received by Pastor Friedrichs in the reserve field hospital at Hagen, on September 21st, 1914.

Depositionof Reservist Hermann Behnke, 11th Company, Reserve Infantry Regiment No. 86, received by Pastor Friedrichs in the reserve field hospital at Hagen, on September 21st, 1914.

On August 25th we arrived at Louvain station in a military transport train. We heard brisk firing, so that we assumed that a battle between our troops and the Belgian troops was taking place. However, when we arrived in the town, we saw that civilians were firing from the houses and from trees. We noticed that German troops were fighting a regular street battle with these civilians. We went to the assistance of our troops. The civilians were requested to leave the houses from which firing had taken place. These houses were then set on fire.

Proceedings at Hagen in the Office of the reserve field hospital, Hochstrasse 45, on November 28th, 1914, placed at the disposal of the Royal War Ministry, Military Examination Office for infringement of military law.

Proceedings at Hagen in the Office of the reserve field hospital, Hochstrasse 45, on November 28th, 1914, placed at the disposal of the Royal War Ministry, Military Examination Office for infringement of military law.

There appears Hermann Behnke, reservist, 11th Company, Reserve Infantry Regiment No. 86, and declares:

The above is my correct name. I was born on February 28th, 1887, at Neuhof in Mecklenburg-Schwerin; Protestant; married.

Admonished to speak the truth, I make the following statement:

I maintain as correct the deposition made on September 21st before the Protestant minister, Wilhelm Friedrichs. This deposition is true in every respect, and it has been read over to me.

Behnke is then sworn.

Signed:Hermann Behnke.

The correctness of the above is certified by:

Signed: Dr.Jotel, Chief Regimental Surgeon.Signed:Winand Engel, Clergyman of the field hospital.

D. App. 34.

Quarters at Thiescourt,November 29th, 1914.

Present:Leader of the proceedings, LieutenantStegmueller.Secretary,Schmidt.

There appeared as witness Captain Josephson, who, after the importance of the oath had been pointed out, declared:

As to Person: My name is Walter Josephson, aged 46; Protestant; Leader of 2nd Battalion, Landwehr Infantry Regiment No. 53.


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