It throws nuch light on ay client's personality, when somebody who has lived with hin for many years testifies about his character. I should like to quote the third paragraph of that affidavit. I quote:
"I have always seen in Dr. Rudolf Brandt, as a school boy and a student, a model of industry, cleanliness and innate decorun. Through his industry he reached the highest speed in stenography when a nore school boy. As far as I remember, he had a speed of 360 syllables a minute at a schoolboys' test in the autumn of 1927 and achieved speeds of more than 300 syllables a minute in a great number of tests up to the year of 1933. Since I attained such speed in shorthand myself, I know what long, untiring industry and also what a temporate way of line is necessary in order to achieve such results. On account of his parents' simple circumstances, Dr. Rudolf Brandt led a particularly modest life during his school days and student days. This moderation enabled him to pay for all his studies out of his own earnings."
I ask the Tribunal to take notice of the rest of this affidavit. This document has been signed and certified in the proper manner.
The next affidavit which I am going to submit is Document Rudolf Brandt No. 17. It is an affidavit signed by Dr. Wilhelm Stuckart, a former State Secretary in the Reich Ministry of the Interior. Dr. Stuckart', on the basis of his former activity as State Secretary in the Reich Ministry of the Interior, is in a position to give material testimony regarding Rudolf Brandt's activity as the head of Himmler's Ministerial Office (Ministerbuero). I shall quote the first two sentences of the second paragraph of this affidavit:
"I am able to judge Dr. Rudolf Brandt's position only after August 1943, and then only as far as my sphere of work at the Reich Ministry of the Interior is concerned. Under the Reich Minister of the Interior Dr. Frick there already existed a so-called Ministerial Office." I shall skip the next sentence, and I shall continue to read paragraph 3. I quote:
"When Dr. Frick was replaced by Himmler in August 1943, Himmler formed a new Ministerial Office, consisting of Dr. Brandt, two assistants, and a secretary. This Ministerial Office was not situated at the Ministry of the Interior in Berling, but at Himmler's Field Headquarters, which was in the immediate vicinity of the Fuehrer's Headquarters. Himmler demanded that ministerial affairs should be reported to him there to a considerable extent. Hence, from that time onward, the Ministerial Office became the place where the documents of the Ministry of the Interior were brought by couriers for delivery or presentation daily. Himmler, on principle, did not permit the members of the Reich Ministry of the Interior to communicate with him by telephone. Therefore, the telephone calls of the officials of the Berlin Ministry of the Interior were received by the Ministerial Office. Dr. Brandt reported them to Himmler and delivered. Himmler's decision to the official concerned in writing or by telephone. The teletype messages of the Ministry of the Interior in Berlin were also delivered to the Ministerial Office. Brandt reported on all this and informed Himmler about the natters concerned, answering again all inquiries according to the decisions of Himmler, in that ho informed the Berlin Ministry about all such decisions and orders of Himmler, either through written notes or by telephone.
"The volume of work of the Ministerial Office was very great. Dr. Brandt was exceptionally diligent and overburdened with work. He, himself, as director of the Ministerial Office, had no authority; neither did he posses any power of making decisions in ministerial affairs.
"I, myself, was State Secretary in the Reich Ministry of the Interior." This affidavit has been signed and certified in the proper manner.
DR. WEISGERBER: (representing Dr. Kaufmann, the defense counsel for the defendant Rudolf Brandt.) The next document, Your Honors, will be Rudolf Brandt No. 18.
THE PRESIDENT: Counsel, what has this document to do with the defendant Rudolf Brandt? I do not see his nave mentioned in it at all.
MR. HARDY: At the same time, Your Honor, I wish that you would peruse the next document, which is Document No. 19. Those documents are apparently letters addressed to one Mr. Kcrsten, and the signatures of the writers or the authors of the letters are not authenticated, nor sworn to. There is merely a Notar's certificate stating that this document is a true photostatic copy of the original, which in no way renders these documents authenticated in the manner which the Tribunal has prescribed. Furthermore, I cannot see the connection and materiality of the documents in addition to that.
THE PRESIDENT: On their face, the documents have nothing whatever to do with the defendant Rudolf Brandt.
DR. WEISGERBER: Mr. President, I should like to make the following explanation in that connection: These two letters have probative value, no doubt, but how high this probative value is to be considered is a matter for the Tribunal to decide. I should like to recall that when Rudolf Brandt was examined in the witness box, he mentioned, among other matters, that he actively participated in the liberation and transfer of about 3,500 Jews from German concentration camps to Sweden. At that time an affidavit of Medizinalrat Felix Kersten, who is the addressee here, --as Rudolf Brandt Exhibit No. 5. I thought I should submit these two letters of the Jewish World Congress, dated 15 December 1945 and 4 December 1946, to the Tribunal, because we are here concerned with a very important statement regarding this act of liberation.
If this Felix Kersten the man to whom this letter is addressed, has made an affidavit in favor of the defendant Rudolf Brandt, I ask that in support of this affidavit for Rudolf Brandt these two letters of the World Jewish Congress be admitted, because they throw light on the conditions at that time, and it is for that reason that I believe that these two documents have a certain probative value.
THE PRESIDENT: The Tribunal rules that these documents have no probative value, and they will not be received in evidence.
DR. WEISGERBER: Then I shall offer in evidence as the next document Rudolf Brandt No. 20, which will receive the exhibit number 18. This is an affidavit signed by Ludwig Pemsel. I merely offer this document in evidence, and I should like to ask the Tribunal to take notice of it without my reading any of the passages.
The last document will be Rudolf Brandt Document No. 21 as Exhibit No. 19. This is an affidavit signed by a certain Gebhardt Himmler, which also refers to the sphere of work and activities of the defendant Rudolf Brandt. This document concludes all the documents as they are contained in Rudolf Brandt's supplemental volume.
THE PRESIDENT: The Tribunal as received no copies of these documents in German. Those should be submitted to the Tribunal at some later date.
DR. WEISGERBER: Yes, Your Honor.
THE PRESIDENT: The Tribunal has just received Supplement I on behalf of the defendant Mrugowsky. Is the defendant's counsel ready to present these documents? I don't see Dr. Flemming.
MR. HARDY: Defense Counsel for defendant Weltz is ready to present his supplemental documents.
THE PRESIDENT: Do I understand that counsel for the defendant Weltzer will present these documents on behalf of the defendant Mrugowsky.
MR. HARDY: No, Your Honor, the defendant Mrugowsky's document books are not in order and ready as yet for presentation. He has several supplements, I understand, but the defense counsel for the defendant Weltz is prepared to present documents for the defendant Weltz.
THE PRESIDENT: Very well, we will proceed with the documents for the defendant Weltz. We have not as yet received the documents.
DR. WILLE: (counsel for the defendant Weltz). Mr. President, I have only few affidavits which I want to offer in supplementation of my previous evidence. From the very beginning I have tried to keep my submission of evidence as brief as possible.
THE PRESIDENT: Just a moment counsel. Is the English translation of these documents available to the Tribunal?
DR. WILLE: Mr. President, I have them with me, except for one document, but I believed that they were all before the Tribunal.
THE PRESIDENT: These documents have just been handed to the Tribunal.
DR. WILLIE: May I continue, Your Honor? In supplementation of my sumbission of evidence, I first offer an affidavit signed by Dr. Wendt, whom I have mentioned here before. I tried once before and you, Your Honor, suggested that I submit this affidavit at the end of the entire submission of evidence. I should like to offer this document, Weltz Document No. 23, as Exhibit No. 21. The English translations have been attached.
I should not like to quote this extensive document, I believe that I can limit myself to summarizing the relevant contents in a few words.
THE PRESIDENT: Just a moment. These documents in the Document Book Weltz No. 3 are not numbered.
DR. WILLE: The document which I have just submitted was liven to me by my secretary and she told me it was Document No. 23. I don't know why this supplemental volume has no numbers. That I really don't know.
THE PRESIDENT: Those numbers should be added. If you will number the original document book.
MR. HARDY: This whole presentation is only a question of one or two documents, I think, Your Honor.
THE PRESIDENT: I think that we can proceed. We can take down the numbers ourselves as they are assigned. What document number is this?
DR. WILLE: No. 23, Your Honor, Exhibit No. 21. I beg your pardon, Weltz Exhibit No. 22. In order to go sack to your objection, Your Honor, I shall immediately see to it that all these documents are given proper numbers. I am surprised by the lack of numbers, and I shall proceed to clarify the situation immediately.
I shall briefly summarize the contents of this document. Captain of the Medical Corps Wendt, who had been for many years a competent assistant of Dr. Veltz in his institute, confirms here that Weltz at no time made any suggestion to hin to carry out experiments on human beings at Dachau. Rascher at that time, without any influence from Weltz, came to the institute. And he further says that Wendt himself was surprised at this. Furthermore, he confirms that Rascher showed hin a telegram from Himmler which indicated that the proposed experiments had to be kept secret from everybody, including Professor Weltz. Wendt drew his conclusions and stated immediately to Rascher that he, Rasched, could no longer stay at his institute. He subsequently dictated a letter to Air Gau VII, asking that Raschcr be relieved of his assignment to his institute, Dr. Wendt in his affidavit goes on to say that the institute of Professor Weltz supplied no instruments for the later cold work carried out by Professor Holzloehner and that the furnishing of a calorimeter, which had been requested by a representative of Professor Holzloehner, was refused.
THE PRESIDENT: Counsel, this Document Book not only lacks document numbers but it lacks an index. Will you see that an index in prepared?
DR. WILLIE: I beg your pardon, Your Honor.
MR. HARDY: Your Honor, as far as I can make out, this Document Book III will be only one document, because one is a Prosecution exhibit that is already in evidence, and I don't see any sense in putting it in evidence again.
THE PRESIDENT: The Tribunal has just received the supplement, which contains only an affidavit by Dr. Wendt. Now, is the document, Counsel, to which you have just referred and given the number of Weltz Document No. 23, is that the deposition of Dr. Wendt taken on questions qnd answers? I assume so, but I desire the record to be clear.
DR. WILLE: Yes.
THE PRESIDENT: That may be admitted as Weltz Exhibit No. 22.
DR. WILLE: No. 21, Mr. President.
THE PRESIDENT: Counsel gave it NO. 22, but it should be 21.
MR. HARDY: It is Weltz Document No. 23, Exhibit No. 21.
DR. WILLE: Yes, I now submit a further document which is Weltz No. 24 and to which I shall give the Exhibit No. Weltz 22. It is a supplemental statement made by Dr. Wendt. For interests of brevity I need not explain this document any further. I shall limit myself to submitting it to the Tribunal.
THE PRESIDENT: The document will be received as Weltz Exhibit 22.
DR. WILLE: I now submit Weltz Document No. 15, which will be Weltz Exhibit No. 23. This is a statement by Dr. von Wers, a former associate of Professor Weltz.
THE PRESIDENT: The Tribunal does not have that document.
DR. WILLE: I am submitting this document together with two English translations.
MR. HARDY: Your Honor, I do not have a copy, but I have looked over the English copy before it was presented to you and I will not object and it may be admitted now if he will supply me with a copy after the recess.
THE PRESIDENT: Counsel will supply the Prosecution with a copy of this document in English after the recess and supply two more copies to the Tribunal.
Now, this Doctor, is Weltz Document No. 15?
DR. WILLE: Yes.
THE PRESIDENT: And what is the exhibit number assigned to it?
DR. WILLE: No. 23.
THE PRESIDENT: The document is received in evidence.
DR. DILLE: Mr. President, I have yet another document, but I have not yet received the English translation. I therefore ask the Tribunal whether I can offer this document now, supplying the English text later, or whether I should postpone the submission of that document.
What is a further supplemental statement by Dr. Wendt.
THE PRESIDENT: Submit the document to the Prosecution.
MR. HARDY: This is properly notarized, but it seems to contain a good deal of information about Dr. Alexander. I see "Dr. Alexander" throughout here in the German. I would ask what the document purports to be.
THE PRESIDENT: The presentation of that document will be delayed until English translations arc available to the Prosecution and the Tribunal. When they are available, the matter may be again called to the attention of the Tribunal.
DR. WILLE: I have no further documents to offer.
THE PRESIDENT: Are there any other documents on behalf of defense counsel?
DR. FRITZ, (counsel for the defendant Rose): Mr. President, I could offer 12 further documents today, but I have found out that although the English and German copies are mimeographed they have not yet been bound into a volume. I have been promised that they would be done at 11:30. Therefore, I expect them to be here any minute now. I think it would be expedient for the Tribunal to wait until such time as the document books are actually in the courtroom.
THE PRESIDENT: Will the secretary of the Tribunal ascertain whether these document books are available?
SECRETARY: They are not yet available.
THE PRESIDENT: I understood that Dr. Flemming for the Defendant Mrugowsky had a number of documents, and we received those document books. The doctor is not present in court.
MR. HARDY: Your Honor, there are a considerable number of documents already filed in the case of Becker-Freyseng. It seems to me that the attorney for Becker-Freyseng could introduce some documents this afternoon. I have two supplemental document books with a rather extensive number of documents and it night take presumably an hour on his part to put those in.
I don't know whether he has others to present afterwards.
THE PRESIDENT: I wonder where these counsel are, whether they are available.
DR. FRITZ: Hr. President, perhaps you would permit me to go to the Defense Information Center and sec whether these gentlemen are there, and at the same time I can find out how my document books are coming along.
THE PRESIDENT: Yes.
MR. HARDY: Your Honor, it would seem to me that we could get a reccapitulation from defense counsel and find out just how many more document books they have to offer and how many are in the process of being translated.
If Your Honors please, if there is nothing to put in this afternoon, the Prosecution would be in a position to offer their Rebuttal Document Book No. I.
THE PRESIDENT: We will receive that this afternoon if defense counsel are not ready. In the meantime while awaiting the return of defense counsel from the Information Center, the court will be in recess for a few moments.
THE MARSHAL: The Tribunal is again in session.
MR. HARDY: May it please the Tribunal, the document books which I said would be ready this afternoon will be presented by Miss Johnson, and she said that she would not be ready to go on with it until 3:00 O'clock, so the latter part of the afternoon she can take up with rebuttal document books if necessary.
THE PRESIDENT: Counsel, Dr. Flemming for defendant Mrugowsky, the Tribunal has Supplement 1, Case 1, defendant Mrugowsky. Is that the volume from which you propose to offer further documents?
DR. FLEMMING: Mr. President, I really intended to submit Document Book No. 2 first, which contains excerpts regarding experiments on human beings abroad. This Document Book No. 2 was submitted by me at an earlier date, immediately after the examination of the defendant Mrugowsky. The Tribunal at that time ruled that the decision regarding this document book be postponed until all defendants had concluded their cases.
THE PRESIDENT: Counsel, the Tribunal can now proceed to hear you offer the documents contained in your Supplement 1, Case 1. It is probable that we have your Document Book 2 in our offices, but that can be offered when we have finished with your Supplement 1.
DR. FLEMMING: Yes, Your Honor.
MR. HARDY: Your Honor, may I put a few questions to counsel concerning these document books?
THE PRESIDENT: Yes.
MR. HARDY: Have you completed Document Bock No. 1, all the documents in that document book?
DR. FLEMMING: Yes, that is concluded.
MR. HARDY: Have you completed all the documents in Document Book 1-A?
DR. FLEMMING: Yes.
MR. HARDY: And now you have left Document Book No. 2 and Supplement No. 1?
DR. FLEMMING: Yes.
MR. HARDY: And that is the entire number of documents you have
DR. FLEMMING: No, there are two more documents which are still in translation.
MR. HARDY: All right, thank you.
DR. FLEMMING: I shall first deal with Supplement 1, which is before the Tribunal, and I shall leave Document Book 2 until such time as the Tribunal receive it from their offices.
THE PRESIDENT: Well, counsel, we have it now. You may proceed with Document Book 2.
Counsel, and Counsel for the Prosecution, this Document Book 2, Mrugowsky, was delivered to the Tribunal some time since and has been examined. Now this document book, Counsel, if I understand, consists entirely of extracts from medical publications; is that correct?
DR. FLEMMING: Yes.
THE PRESIDENT: Is Counsel for the Prosecution examining that document book?
MR. HARDY: Yes, Your Honor.
THE PRESIDENT: Well, under the ruling of the tribunal heretofore made in other cases, these documents appear to be admissible in evidence under the rules. Now, in order to facilitate the trial and save trouble for Counsel and the Tribunal, the Tribunal will now admit all these documents in evidence without further time or argument, and read the admission into the evidence. Now the Tribunal will proceed to dictate into the record the admission of these documents.
JUDGE SEBRING: Dr. Flemming, I now have before me Mrugowsky Document Book 2 containing Mrugowsky documents Nos. 67 to 91 inclusive, and you have heard the ruling of the President that they will be admitted in evidence as Mrugowsky exhibits. What exhibit number do you assign to Mrugowsky Document No. 67?
DR. FLEMMING: No. 67 will receive Exhibit No. 61.
JUDGE SEBRING: Very well. Then the Tribunal will receive in evidence Mrugowsky Document 67 as Exhibit 6l; Mrugowsky 68 as 62; Mrugowsky 68-A as Exhibit 63; Mrugowsky 68-B as Exhibit 64; Mrugowsky 68-6 as 63; Mrugowsky 69 as Exhibit 66; Mrugowsky Nos.
70-71 as Exhibit 67; Mrugowsky 72 as Exhibit 68; Mrugowsky 73 as Exhibit 69; Mrugowsky 74 as Exhibit 70; Mrugowsky 75 as Exhibit 71; Mrugowsky 76 as Exhibit 72; Mrugowsky 77 as Exhibit 73; Mrugowsky 78 as Exhibit 74; Mrugowsky 79 as Exhibit 75; Mrugowsky 80 as Exhibit 76; Mrugowsky 81 as Exhibit 77; Mrugowsky 82 as Exhibit 78; Mrugowsky 83 as Exhibit 79; Mrugowsky 89 as Exhibit 80; Mrugowsky 90 as Exhibit 81; and Mrugowsky 91 as Exhibit 82.
THE PRESIDENT: This action by the Tribunal takes care of Mrugowsky Document Book No. 2 in Case 1. Counsel for the Defendant Mrugowsky may now proceed to offer the exhibits contained in Supplement 1, Mrugowsky.
DR. FLEMMING: Yes. First I am going to submit Mrugowsky Document 51, which will be Exhibit 83. This is a report of the Third Congress East of the Consulting Specialists held in the Medical Academy, 24 to the 26 May, 1943. I submit it primarily because of the report contained therein by SS-Hauptsturmfuehrer Doetzer regarding the compatibility of a new tetra vaccine against typhoid, para-typhoid, and cholera. I ask the Tribunal to take notice of this document. I do not think that it is necessary to read any details from the document.
THE PRESIDENT: Proceed, counsel.
DR. FLEMMING: The next document will be Document Mrugowsky No. 66. I offer it as Exhibit Mrugowsky No. 84. This is an affidavit signed by Dr. Rudolf Fussganger, from Frankfurt on the Main, and deals with the preparations Akridin and Ruthenol. Dr. Fussganger says on page 3 of the document, page 9 of the document book:
"The first clinical experiments with Preparation 3382" - that is Akridin - "were, as far as I know, carried out in the section for infectious diseases of the Frankfurt on the Main medical clinic by Professor Nohnenbruch. Three patients were involved, all of whom had contracted typhus.
After receiving Preparation 3582, the fever of all three patients sank immediately."
THE PRESIDENT: As you read these documents they will all be received in evidence unless objections are made either by counsel or the Tribunal.
DR. FLEMMING: The next document will be Mrugowsky 93, which I offer as Mrugowsky Exhibit 83. This is an affidavit signed by Dr. Bruemmer, from Hoechst. Attached is a number of letters and note files coming from the works at Hoechst. Dr. Bruemmer in his affidavit certifies that these files and letters attached to the document are authentic copies of the documents from the files of the I.G. Farben Works at Hoechst. We are here concerned with the preparation Akridin and its usage. This correspondence is intended to prove that Ding received these preparations for his experimental series directly from the works at Hoechst and not from the Defendant Mrugowsky.
MR. HARDY: If it would meet with the approval of the Tribunal, while Dr. Flemming is introducing this document and its many attachments, I would like to see the original exhibits as he refers to each specific letter, and then it will expedite matters. If I have an objection I will interpose, and if I have none, as they are going along I won't bother, but then I can peruse each one of them as he is going along.
THE PRESIDENT: I do not know whether or not Dr. Flemming proposes to refer to each letter or simply to offer the series in evidence. Is the original exhibit in the courtroom?
DR. FLEMMING: The originals are here, yes, Mr. President. The originals are here.
This is an affidavit, to which the notary has attached all the excerpts from the files with seal and string, so that there can really be no possibility for any confusion.
MR. HARDY: No objection, Your, Honor.
THE PRESIDENT: Counsel for the Prosecution having no objection, the document will be admitted as Mrugowsky exhibit 85.
DR. FLEMMING: I then offer Document Mrugowsky 94 as Mrugowsky Exhibit 86 and Mrugowsky Document 95 as Mrugowsky Exhibit 87. These are 2 affidavits signed by Professor Flury, from Wuerzburg. Both deal with Akonitin. One deals with antidotes or antitoxins, and the other deals with the difference in the effects of Akonitin and prussic acid on the human being. These are Mrugowsky Exhibits 86 and 87.
The next will be Mrugowsky Document 96, which will become Mrgugowsky Exhibit No. 88. This is an affidavit signed by Dr. Heinrich Stiege, to which are attached minutes of the Prussic Acid Meeting on 27 and 28 of January 1944. I offer this document because I shall use it in my final plea in order to prove that Mrugowsky had nothing to do with the distribution of prussic acid to the extermination camps.
The next is Mrugowsky Document 96, which will be Mrugowsky Exhibit 88.... This is an excerpt from the minutes of the Prussic Acid Meeting of 27 and 28 January 1944.
THE PRESIDENT: Counsel, I think you assigned number 88 to Document 96 -- that is the one you are now referring to ---96?
DR. FLEMMING: Yes, I am now referring to Document No. 96. The next will be Mrugowsky Document 97, which I offer as Mrugowsky Exhibit No. 89. This is an excerpt from the Central Journal for Complete Hygiene, Including Bacteriology and Immunology.
This is the recognized journal for this branch of the Profession. The extract contains a report regarding whooping cough experiments performed by the American couple MacDonald on four children with whooping cough preparations.
MR. HARDY: Your Honor, at this time I have the opportunity to peruse each of these documents. The Prosecution has no objection to any of the documents in this document book.
DR. FLEMMING: The next is Mrugowsky Document No. 98, which will be Mrugowsky Exhibit No. 90. This an extract from the Year Book of Pediatrics and Physical Education, and deals with scarlet fever experiments on children.
The next is Mrugowsky 100 and will become Mrugowsky Exhibit No. 92. This is an excerpt from the Manual of Virus Diseases.
Mrugowsky Document is offered as Mrugowsky Exhibit No. 93. This is an affidavit signed by a Dr. Yurt Feurhake, a personal friend of the Defendant Mrugowsky, who has known him ever since his childhood and here gives a character reference. I don't think it is necessary for me to quote any passages from that document. I ask the Tribunal to take notice of it.
The next document is Mrugowsky 102, which will become Mrugowsky Exhibit No. 94. This is an affidavit signed by University Professor Dr. Paul Uhlenhuth at Freiburg in Breisgau. He talks about vaccinations performed in the concentration camp Buchenwald, vaccinations which are mentioned in the so-called Ding Diary and with which the Defendant Mrugowsky is charged. I think it is not necessary for me to quote any passages from that document.
The next document Mrugowsky 92 will be Mrgowsky Exhibit 95. This is an excerpt from the seniority list of the Elite Guard of the NSDAP, that is, the SS, and refers to the promotion of Mrugowsky to Sturmbannfuehrer on 9 November 1942.
I need this excerpt in connection with the discussion of Ding's signature in the so-called diary.
MR. HARDY: Just a moment. Regarding Document 102, which is an extract from the seniority list it should be Document 92. It is No. 102. The extract from the seniority list as contained in this document book is not the promotion of Mrugowsky but the promotion of Dr. Ding, -- is that correct?
DR. FLEMMING: Dr. Ding, yes. The next document in this document book is Mrugowsky Document 4a. In Document Book I I had a Document No. 4, which was an excerpt from the Reich Law Gazette and concerned part of the regulations regarding pathogenic organisms. A part of this ordinance was omitted by mistake. Therefore I have included in this document book the part of the ordinance which I need for my case. This will become Mrugowsky Exhibit 96.
THE PRESIDENT: These documents are all received in evidence and the Tribunal desires to compliment Dr. Flemming on the manner in which he has presented these documents and the manner in which they were prepared.
DR. FLEMMING: I should like to reserve the right to submit the 2 volumes which I have not yet received from translation. I said yesterday that one volume containe only excerpts from the record of the Pohl Trial, and the other volume contains a number affidavits.
THE PRESIDENT: The Tribunal will endeavor to expedite the translation of these documents, and they may be offered when received.
DR. FLEMMING: Thank you, Your Honor.
MR. HARDY: May it please Your Honor, I am informed that Dr. Fritz, defense counsel for Rose, has documents ready, and I wish to inquire whether other defense counsel will have documents ready at the completion of Dr. Fritz's introduction?
THE PRESIDENT: The Tribunal has some documents prepared on behalf of the Defendant Poppendick. If his counsel could be found, they could probably be offered.
MR. HARDY: I would suggest that defense counsel, during the noon hour recess, contact other defense counsel and sec if they can arrange for other defense counsel to present what documents they hove this afternoon, and we could clean up a great deal of this.
THE PRESIDENT: The Tribunal was about to make that suggestion. Defense counsel will endeavor to notify other defense counsel that this afternoon wo will receive documents which are ready for submission to the Tribunal. Apparently some more are just being handed up..... The Tribunal has now received document books on behalf of the Defendant Rose.
DR. SAUTER: Mr. President, during the recess I had an opportunity to speak to a number of my colleagues in order to ascertain now far they have gotten with their document books in order to tell the Tribunal about it. I do not think, except for the cases of Poppendick and Rose, that any other cases will be concluded for presentation this afternoon. I am telling you this Mr. President, because I doubt whether there will be any point in your holding an afternoon session under those circumstances. Counsel for Poppendick and Rose are finished with their document books and arc ready to present them but I do not believe that any other defense counsel will be able to get their document books from the translation branch in time. I wanted to tell you that in order that you may be in a position to dispose of your afternoon according to your own desires.
THE PRESIDENT: The Tribunal appreciates Counsel's courtesy, but the Tribunal will convene at 1:30, and we will see how far we can get with these documents, and when they arc entered the Prosecution will be in a position to offer some documents.
MR. HARDY: Your Honor, due to that fact, if the Prosecution goes on about 3:00 o'clock with their rebuttal document books, it is advisable that all defense counsel be present if they wish to interpose objections.
THE PRESIDENT: Defense counsel will notify their associates that if the defense........
DR. SAUTER: 3:00 o'clock, Mr. President?
THE PRESIDENT: The Tribunal will convene at 1:30 and hear documents offered by Defendants Rose and Poppendick and any other defendants who have any documents to offer. The Prosecution will be ready to offer documents at 3:00 o'clock but the Tribunal will convene at 1:30 o'clock and will proceed.
DR. SAUTER: Yes.
THE PRESIDENT: Dr. Merkel, have you anything to say to the Tribunal?
DR. MERKEL (Counsel for the defendant Genzken): Mr. President, I only have to make a short correction on my submission of evidence yesterday. I want to withdraw the 3 documents, Documents 19-D, 19-E, and 19-F, which I submitted yesterday as Genzken Exhibits 21, 22 and 23, because I do not require these documents for my cases. I wanted to make this correction in the interest of simplification.
THE PRESIDENT: Well, Counsel, will you prepare a written application to withdraw the documents, so that the matter will be entirely a matter of record in the Office of the Secretary General, and then the Court will approve your
DR. MERKEL: Thank you, Your Honor.
THE PRESIDENT: I file with the secretary the certificate concerning the absence of Defendant Oberheuser stating that she will not be in court today on account of illness; the Secretary will file the certificate.
The Tribunal will now be in recess until 1:30 o'clock.
(A recess was taken until 1330 hours.)