In Mstów on this day, 24 November 1948, at 9.00 a.m., I, Marian Kot from the Citizens’ Militia Station in Mstów, acting on the instructions of citizen Deputy Prosecutor, issued on the basis of Article 20 of the provisions introducing the Code of Criminal Procedure, Article 257 of the Code of Criminal Procedure, due to the unavailability of a judge in the township, in consequence whereof any delay could result in the disappearance of traces or evidence of a crime, which traces or evidence might cease to exist before the arrival of a judge, observing the formal requirements set forward in Articles 235–240, 258 and 259 of the Code of Criminal Procedure, with the participation of reporter Marian Olszewski from the Citizens’ Militia Station in Mstów, whom I have informed of his obligation to attest to the conformity of the report with the actual course of the procedure by his own signature, have heard the person named below as a witness. Having been advised of the significance of the oath, the right to refuse to testify for the reasons set forward in Article 104 of the Code of Criminal Procedure, and of the criminal liability for making false declarations, this pursuant to the provisions of Article 140 of the Penal Code, the witness testified as follows:
Name and surname | Józef Wołczyński |
Parents’ names | Józef and Łucja |
Age | 55 years old |
Date and place of birth | 1894, Witkowice, Kłomnice commune |
Religion | Roman Catholic |
Occupation | laborer |
Place of residence | Mstów, Wancerzów commune, Częstochowa district |
Relationship to the parties | none |
With regard to the matter at hand I can provide the following information: in November 1943, former mayor Klups (presently deceased) came to me and told me to go to the cemetery and dig one grave for three people. When I arrived at the cemetery, I found three bodies of young people, male, with gunshot wounds to the head. One of them was probably from the village of Witkowice, Kłomnice commune, Radomsko district, and another from the village of Rzerzęczyce, Kłomnice commune, as on the following day their bodies were taken away by the families. I don’t know their surnames. I buried these three people in one grave. These people had been killed by the gendarmes in the fields of the Zakrzów estate.
In November 1943, the gendarmes shot two young men near the village of Wancerzów: one of them was Toltański from Rzerzęczyce, Kłomnice commune, Radomsko district, but I didn’t know the other. Toltański was shot in the back of the head, and the other man had gunshot wounds to the chest and in one arm. Their bodies lay in the chapel at the cemetery in Mstów, but on the next day their families took the bodies home.
At this the report was concluded, read out and signed.