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Testimony of: Lt. Harold T. Moyer (Contd)

882 A No, sir, the only time I saw Col Sparks at all was when I made a complaint to him on an incident between one of my men and personnel of the 42nd Division.

883 Q Were you present when certain Germans were segregated from other prisoners on the basis of being SS?

A No, sir, there was no segregation of prisoners that I know of at all. The only thing I know of is of the prisoners we had were all in one group.

884 Q Was there an understanding at any time that no prisoners were to be taken?

A There was no order or possibly I should say no understanding. There was a general feeling against taking prisoners by all of the men and officers. However, we did take prisoners.

885 Q Did you hear any of the officers express themselves along that line?

A As for the officers expressing themselves along that line to an order no. I heard every man or a lot of men who said we should take no prisoners. I felt the same way, myself. I believe every man in the outfit who saw those boxcars prior to the entrance to Dachau felt, and was justified in meeting out death as a punishment to the Germans who were responsible.

886 Q Did you yourself at any time during that day fire at any German who had surrendered?

A I did not, sir.

887 Q Did any of your men in your presence fire at any German who had surrendered?

A In my sight and knowledge, no, sir.