Page 39 of 120

Continued from page 38

Testimony of: Lt. Daniel F. Drain (Contd)

286 A Both, sir.

287 Q Did you make any effort to protect the prisoners?

A No, sir.

288 Q I hand you a photograph identified as Exhibit "C", and ask you to look at it and tell me if it is a scene of the yard you have described and of the shooting you have described?

A Yes, it does, sir.

289 Q I hand you another photograph identified ad Exhibit "D", and ask you if that looks familiar?

A Yes, it does, sir.

290 Q I hand you another photograph identified as Exhibit "E", and ask you if you saw any such action as that photograph portrays?

A I did not see that particular scene, sir, but I know the man in it, the soldier.

291 Q Do you refer to the American soldier who is shown in the picture?

A No, sir, I refer to the German soldier on the ground.

292 Q Was he subsequently killed?

A That I do not know, sir.

293 Q Were these SS troopers who were lined up along the wall beaten before they were shot?

A As I said before, sir, I was with another squad at the time these fellows were lined up against the wall, therefore, I don't know whether any of that group had been beaten up.

294 Q Do you know whether or not any of them had been mistreated before the shooting, such as having a finger torn off?

A No, sir.

295 Q Did you fire at any of the surrendered prisoners of war?

A No, sir.

296 Q Is there any other information you could give me?

A I don't believe so, sir.

297 Q Were you with Lt. Walsh when he reached the crematory?

A No, sir.

298 Q Were you with him along the canal that runs adjacent to the fence of the stockade proper?

A I was not with him at the time, sir.

299 Q From my observation of you this seems to have made a deep impression on you.

A You would not have to come here to do that. That is not the American way of fighting.