THE ACCUSED MIHAILOVIC REFUSES THE OFFER OF THE
AMERICAN AIRMEN TO APPEAR AS WITNESSES FOR HIM
Counsel for the Defence (Joksimovic): First of all I want to
communicate that yesterday I ...
President: You can make no communications. That is the function
of the Court. You can, during the proceedings, submit proposals
for the decision of the Court.
Counsel for the Defence (Joksimovic) (addressing the President):
I have had a message from America. I have been asked to inform
the Court of something. I consider that it is my function and
duty as Counsel for the Defence, to convey their 'wish.
President: You will be acting according to your conscience
and duty as Counsel, if you submit a concrete proposal to the Court.
Counsel (Joksimovic): It is in connection with a concrete
proposal.
President: Put your proposal in a definite form.
Counsel (Joksimovic): My proposal is this: In connection with
the indictment, pages 3 to 58, the following should be heard:
Walter Mansfield, a member of the American Military Mission attached
to Draza Mihailovid's headquarters, Mike McFiull, an American airman
rescued by Draza Mihailovic,
; John Levin, an American airman,
341
rescued by Draza Mihailovic, WdHiam Len Rogers, president of the
committee for a just trial for Draza Mihailovic.
President: On what grounds?
Counsel (Joksimovic): To show that the accused Mihailovic
did not collabo>rate with the invader. The signatories say: We beg
you, as the legal adviser of Draza Mihailovic, to inform the Court
officially that the undersigned offer themselves as witnesses in the
case of Draza Mihailovic, and are ready to* fly to Belgrade to give
evidence in connection with the indictment. We ask you also publicly
to request the Court to accept our testimony. We shall be grateful
D.AT*K. 34.
<c
April* DJEHERALU MIHAILOVICU
HEOPHODNO POTFluBKO DA SE STO PRE 3ASTAKETE S BELBIM
<BILO POCA ILI DRUGO MESO?0. BSLI IMA. DA VAM SAOPST1
SITNE I VAZNE PORUKE CD STRAKE JTTGOSLOVENSKE VLADB
VIC TRIDESET CETHI - JOTAHOVIC.
ATT GEM2RAL MIHAILOVIC,
11 est absolum^nt necessaire que" verts' re-ncontrlez Bailey
le plus tot possible solt a Foca ou ailleursv -Bailey vous
conanuniquera des messages importants et' "argents^ de la |)art"-dt>
Couvernencnt yougoslavs.
V,IU 34 - Jovanovic.
From the telegram files of the emigrant government: message from Slobodan Jovanovic
to Mihailovic, informing him of the coming of Colonel Bailey, who is to give
him important and urgent instructions from the emigrant government, (Below is the
text of the same message in French).
to you if you would draw the attention of the Court to this. This
message was signed by the above mentioned persons, and sent from
New York to Dragic Joksimovic, Draza Mihailovic' legal advisers
It was sent on June 12 and I received it on June 13,
President: Please tell us, have you, as Counsel, as a person
officially participating in the trial, any proposal to make?
Counsel (Joksimovic): I am conveying this message to the
Court and ask that it should be considered as a proposal of the
Counsel for the Defence that the Court comes to a decision as soon
as possible about the hearing of the mentioned witnesses from Nefw
York, and that the decision be conveyed in the shortest possible time
both to the witnesses and to Mihailovic's counsel.
342
President: Have you, as Counsel, a concrete proposal, and if
you have, formulate it. Do you propose that some of the witnesses
be heard? If so, what are their names and in what connection?
Counsel (Joksimovic): I consider that I have submitted the proposal.
It embraces the hearing of the witnesses.
President: Please give your proposal a precise and concise
form; you know how to do -it; you are am experienced lawyer.
Counsel (Joksimovlc): I propose that the wish expressed by
the witnesses should be met. 1
President: That is not a proposal at all.
Counsel (Joksimovic): I propose that these witnesses be
summoned.
President: That is not a proposal.
Counsel (Joksimovic): To summon them as witnesses . . .
President: Give it the form of a proposal in legal terms, as it
is done in law courts.
Counsel (Joksimovic): I propose that the Court summon and
hear the above-mentioned witnesses . . .
President: Which above mentioned witnesses'*:, cite them.
Counsel (Joksimovic): The witnesses ... the witnesses, Walter
Mansfield.
President: What is his profession?
Counsel (Joksimovic): Former member of the American Military
Mission to Mihailovic.
President: That is not a profession.
Counsel (Joksimovic): Mike McFull, an airman rescued by
Mihailovic.
President: Is that his profession?
Counsel (Joksimovic): John T. Levin, also an airman, William
Len Rogers.
President: Has he ever been in Yugoslavia?
Counsel (Joksimovic): Probably. I have no detailed information.
I propose that the witnesses, if the Court decides that their testimony
should be heard, should be informed through the American
Embassy in Belgrade, or . . .
President: Well, the Court knows the law and the proper way
of doing it But in what connection do you propose that they should
be heard?
Counsel (Joksimovic): In connection with the circumstances
mentioned in the indictment from page 3 to 58, where it refers to
the collaboration of Drasroliut) Mihailovic with the enemv.
343
President: You said you ask that they should be heard in connection
with circumstances proving that Draza Mihailovic did not
collaborate with the enemy?
Counsel (Joksimovic): Certainly I did.
President: Put it on record.
Counsel (Joksimovic): Yes, that's right.
President: Is that all?
Counsel (Joksimovic): Yes, it is.
President: Accused Mihailovic, have you heard the proposal of
the Counsel?
Defendant: Yes, I have.
President: Will you give an answer. What is your opinion?
Defendant: Let me have time to think it over.
President: Your Counsel offers you witnesses who are to
testify in your favour. Do you accept, and agree with, the proposal
of the Counsel or not?
Defendant: In principle I do not agree.
...ajde kiseli, nastavi tacku...zongliranje ili kako to vi hrvati kazete loptobacanje uvis i natrag?
