From The National Archives at Kew; Reference TS26/377

 [The following information was transcribed by Derek Wrathall in Mar. 2006]

Headed : United Nations War Crimes Commission
Registered Number : 1258/LIK/G/198

Date of receipt in Secretariat : 10 August 1945

United Kingdom CHARGES AGAINST ... German ...... WAR CRIMINALS

Name of accused, his rank and unit, or official position:- Unnamed German Oberleutnant and Unnamed German Stabagefreiter at Stalag IVB on 31 December1943
The Stabagefreiter was the guard in charge of the camp prison at that time
(A handwritten note referring to the Oberleutnant is "Hertzel" whose home was in Leipzig. Promoted to Hauptmann)

Date and place of commission of crime :- 31 December 1943 and 1 January 1944

Number and description of crime in war crimes list :- No.xxix. Ill-treatment of wounded and prisoners of war

References to relevant provisions of national law :- Breach of the law and usage of war and in particular of Article 2 of the Geneva Convention 1929 relating to the treatment of Prisoners of War
Assault.

SHORT STATEMENT OF FACTS

During the night of 31 December 1943 the first accused came out of his office and L/Sjt. Wrathall stood to attention. The first accused hit him two blows in the face with his fist knocking him down on each occasion. During the night of 31 December 1943 and the morning of 1 January 1944 the second accused hit L/Sjt. Wrathall with his fists, kicked him and threatened him with his pistol and chained his wrists and ankles together and joined these with a third and caught hold of the third chain and pulled his feet from under him.

PARTICULARS OF ALLEGED CRIME

At about 2115 hours on 31 December 1943 L/Sjt. Wrathall and W.O. Harry Hannah, R.A.F., decided to try to take German photographic equipment from a photographic barracks which was inside Stalag IVB next to the German guard room. L/Sjt. Wrathall got inside a room in the photographic barracks and Hannah was outside the window. Wrathall had passed certain photographic articles out of the window to Hannah and after he had been there some time he heard the sound of someone approaching. He immediately dived through the window and landed on the ground outside at the feet of a German Oberfeldwebel.

The Oberfeldwebel took Wrathall to the German camp office where he was interviewed by an Oberleutnant in the presence of the Assistant Man of Confidence and an interpreter.

Hannah had avoided capture and was back in his barracks. He had taken with him the photographic equipment Wrathall had passed to him. The Oberleutnant discovered that certain of the equipment was missing and sent the Assistant Man of Confidence back to the barracks to try to recover it and find out who had got it. The Assistant Man of Confidence was away for about half an hour during which time Wrathall stood in a small corridor outside the camp office. Near him were six or seven German guards. The Oberleutnant came out of his office and he stood to attention. The Oberleutnant thereupon hit him two blows in the face with his fist knocking him down on each occasion.

Shortly after this he was taken to the guard room by a German guard (Stabagefreiter) who at that time was in charge of the camp prison. On the way to the guard room this guard struck him on the head with his fist and kicked him several times with his jack-boots. At the entrance to the guard room he hit him again with his fists and threatened him with his pistol. He then chained Wrathall's wrists and ankles together and joined these two chains by a third chain. He then kicked him down the corridor, opened a cell door and pushed him into an empty cell locking up the folding bed in the cell and locking him in.

After about three-quarters of an hour the German guard came back with a Feldwebel and a German private soldier. As he entered the cell he kicked Wrathall and hit him several times with his fists until eventually the Feldwebel stopped him and dragged him outside the cell.

At approximately 0200 hours next morning the same German guard came into Wrathall's cell with a Dutch soldier who was employed at the Stalag as an orderly. Again as he entered the cell he kicked Wrathall and caught hold of the chain joining his wrists and ankles together and pulled his feet from under him and started hitting him on the head with his fists.

About 0300 or 0400 hours in the morning the Oberfeldwebel came into Wrathall's cell and took off his chains.

PARTICULARS OF EVIDENCE IN SUPPORT

The affidavits of William Edward Wrathall, Lance Serjeant The Parachute Regiment, with permanent home address at Sanbury, Bentham, Lancaster and Harry Hannah, No. 802581, warrant officer Class 1, R.A.F., with permanent address at 47 Beltane Street, Glasgow, C.3.

NOTES ON THE CASE

Although L/Sjt. Wrathall stole certain photographic equipment belonging to the Germans this did not give the accused the right to ill-treat him the way they did and it is submitted that their ill-treatment of him constitutes a war crime.

The case is complete, but it has not been possible so far to ascertain the name of the accused. W.O. Meyers, R.C.A.F., who might have supplied this information has returned to Canada and a letter has been addressed to Lt. Col. McDonald, 1 Canadian War Crimes Interrogation Team, Canada House, S.W.1. requesting that Meyers be interviewed in Canada and this information obtained from him if possible. The usual wanted reports have been sent to A.G.S. (VW) for transmission to CROWCASS.
The affidavits of Lance-Serjeant Wrathall and Warrant Officer Hannah more or less repeat the information in "Particulars of Alleged Crime" but the affidavit of the W.O. Meyers


AFFIDAVIT

CANADA PROVINCE OF MANITOBA TO WIT

I, JACQUES WASHINGTON MEYERS, Pilot Officer, (CAN.J96537), of the Royal Canadian Air Force, with permanent address at 653 St. Matthew Avenue, WINNIPEG, MANITOBA, make oath and say as follows :-

1. I acted as British Man of Confidence, in charge of the British and American Prisoners of War at Stalag IVB from 25th August 1943 continuously until 23rd April, 1945 when the prisoners were released by the Russians. During the said period my rank was Warrant Officer Class I.

2. I have carefully perused Affidavits by William Edward WRATHALL, Lance Sergeant, and Harry Hannah, which were submitted to the United Nations War Crimes Commission with respect to a charge of ill-treatment of the said Lance Sergeant William Edward WRATHALL

3. The Ober Leutenant referred to in the said Affidavit was a man by the name of HERTZEL, whose home was in LEIPZIG. About the month of May, 1944 he was promoted to the rank of Hauptman. I do not know to which Regiment he belonged, but he was a member of Hitler's original Party, and he was trained in the original Officer's Training Corps sponsored by Hitler.

4. I was subsequently informed by the Russians that they had taken care of him. This I deduced from the fact that I had advised the Russians that he had been responsible for the shooting of a Prisoner of War named Corporal BROWN, and I was then advised by the Russians that the murderer of Corporal BROWN had been taken care of by them.

5. With respect to the Stabagefreiter referred to in the said Affidavits, his name is not known to me but I am able to place him by reason of the description set out in para. 7 of the Affidavit of WRATHALL, as the description is an excellent one. He was a veteran of the last war and I believe he had an Iron Cross Decoration from the last war. He belonged to an Artillery Regiment. He left the camp about the month of November, 1944 on being transferred to the Russian Front for fighting.

6. His name can possibly be secured from the Dutch soldier who was employed at the Stalag as an orderly and who is referred to in para. 5 of the said Affidavit of WRATHALL. I do not know the said Dutch orderly, but his name can be secured from the Dutchman who acted as the Man of Confidence at the said Stalag for the Dutch Prisoners. His name is WAEVAN NAMEN and his address is BURGUE BRUINELAAN 152, LWYNDREGER, HOLLAND.

SWORN before me at the City of WINNIPEG in the Province of MANITOBA, this 24th day of August 1945.
(SIGNED) G.S. WALTER (Squadron Leader, No. 2 A.C. HQRS., R.C.A.F., WINNIPEG, MAN)

(SIGNED) P/O. J. MEYERS (Pilot Officer J.W. MEYERS (CAN. J96537))