The accused was not informed of the disposition of his case, and in almost every instance those who were acquitted or who had served their sentences were handed over by the Justice Ministry to the Gestapo for "protective custody" for the duration of the war. In the course of the above-described proceedings, thousands of persons were murdered, tortured, ill-treated, and illegally imprisoned. The defendants Altsoetter, von Ammon, Engert, Joel, Klemm, Mettgenberg, and Schlegelberger are charged with special responsibility for and participation in these crimes.
Hundreds of non-German nationals imprisoned in penal institutions operated by the Reich Ministry of Justice were unlawfully executed and murdered. Death sentences were executed in the absence of the necessary official orders, and while clemency pleas were pending. Many who were not sentenced to death were executed. In the face of Allied military advances so-called "inferior" or "asocial" prison inmates were, by the Ministry order, executed regardless of sentences under which they served. In many instances these penal institutions were operated in a manner indistinguishable from concentration camps. The defendants Engert, Joel, Klemm, Lautz, Mettgenberger and Rothenberger are charged with special responsibility for and participation in these crimes.
The Ministry of Justice participated in the Nazi program of racial purity pursuant to which sterilization and castration laws were perverted for the extermination of Jews, "asocials", and certain nationals of the occupied territories. In the course of the program thousands of Jews were sterilized. Insane, aged, and sick nationals of occupied territories, the so-called "useless eaters", were systematically murdered. In the course of the above described proceedings thousands of persons were murdered and ill-treated. The defendants Lautz and Schlegelberger are charged with special responsibility for and participation in these crimes.
10 A The Ministry of Justice granted immunity to and amnesty following prosecutions and convictions of Nazi Party members for major crimes committed against civilians of occupied territories.
Pardons were granted to members of the Party who had been sentenced for proved offenses. On the other hand, discriminatory measures against Jews, Poles "Gypsies", and other designated "asocials" resulted in harsh penal measures and death sentences, deprivation of rights to file private suits and rights of appeal, denial of right to receive amnesty and to file clemency pleas, denial of right of counsel, imposition of special criminal laws permitting the death penalty for all crimes and misdeameanors and, finally, in the transfer to the Gestapo for "special treatment" of all cases in which Jews were involved. The defendants von Ammon, Joel Klemm, Rothenberger, and Schlegelberger are charged with special responsibility for and participation in these crimes.
By decrees signed by the Reich Minister of Justice and others, the citizenship of all Jews in Bohemia and Moravia was forfeited upon their change of residence by deportation or otherwise; and upon their loss of citizenship their properties were automatically confiscated by the Reich. There were discriminatory changes in the family and inheritance laws by which Jewish property was forfeited at death to the Reich with no compensation to the Jewish heirs. The defendants Alstoetter and Schlegelberger are charged with special responsibility for and participation in these crimes.
The Ministry of Justice through suspension and quashing of criminal process, participated in Hitler's program of inciting the German civilian population to murder Allied airmen forced down within the Reich. The defendants Klemm and Lautz are charged with special responsibility for and participation in these crimes.
The said War Crimes constitute violations of international conventions, particularly of Articles 4,5,6,7,23,43,45,46 and 50 of the Hague Regulations, 1907, and of Articles 2,3 and 4 of the Prisoner-of-War Convention (Genova, 1929), the laws arid customs of war, the general principles of criminal law as derived from the criminal laws of all civilized nations, the internal penal laws of the countries in which such crimes were committed, and of Article II of Control Council Law No. 10 COUNT THREE -- CRIMES AGAINST HUMANITY Between September 1939 and April 1945 all of the defendants herein unlawfully, willfully, and knowingly committed Crimes against Humanity as defined by Control Council Law No. 10, in that they were principals in, accessories to, ordered, abetted, took a consenting part in, and were connected with plans and enterprises involving the commission of atrocities and offenses, including but not limited to murder, extermination, enslavement, deportation, illegal imprisonment, torture, persecution, on political, racial and religious grounds, and ill-treatment of, and other inhumane acts against German civilians and nationals of occupied countries.
Extraordinary irregular courts were used by all of the defendants in creating a reign of terror to suppress political opposition to the German Reich, in the course of which German civilians and nationals of occupied countries were subjected to criminal abuses of judicial and penal process, resulting in murders, brutalities, cruelties, tortures, atrocities, plunder of private property, and other inhumane acts. These crimes are further particularized in Paragraph 9 of this Indictment, which is incorporated herein by reference.
Special Courts subjected certain German civilians, and nationals of occupied countries to discriminatory and special penal laws and trials, and denied them all semblance of judicial process. Convicted German civilians and nationals of other countries who were deemed to be political prisoners and criminals designated as "asocial", were turned over to the Reich Security Main Office (RSHA) for extermination in concentration camps. These crimes are further particularized in Paragraph 10 of this Indictment, which is incorporated herein by reference. The defendants von Ammon, Engert, Klemm, Mettenberg, and Rothenberger are charged with special responsibility for and participation in these crimes.
The German criminal laws, through a series of additions, expansions, and perversions by the defendants became a powerful weapon for the subjugation of the German people and for the extermination of certain nationals of the occupied countries. This program resulted in the murder, torture, illegal imprisonment, and ill-treatment of thousands of Germans and nationals of occupied countries. These crimes are further particularized in Paragraph 11 of this Indictment, which is incorporated herein by reference. The defendants Barnickel, Cuhorst, Klemm, Lautz, Mettgenberg, Nebelung, Oeschey, Petersen, Rothaug, Rothenberger, and Schlegelberger are charged with special responsibility for and participation in these crimes.
The Ministry of Justice, through the People's Court and certain Special Courts, aided and implemented the unlawful annexation and occupation of Czechslovakia, Poland, and France. These crimes are further particularized in Paragraph 12 of this Indictment, which is incorporated herein by reference. The defendants Klemm, Lautz, Mettgenberg, and Schlegelberger, are charged with special responsibility for and participation in these crimes.
The Ministry of Justice participated in the decree of "Night and Fog" (Nacht und Nebel) whereby certain persons who committed offenses against the Reich or the German forces in occupied territories were taken secretly by the Gestapo to Germany and handed over to the Special Courts for trial and punishment. This program resulted in the murder, torture, illegal imprisonment, and ill-treatment of thousands of persons. These crimes are further particularized in Paragraph 13 of this Indictment, which is incorporated herein by reference. The defendants Alstoetter, von Ammon, Engert, Joel, Klemm, Mettgenberg, and Schlegelberger are charged with special responsibility for and participation in these crimes.
In penal institutions operated by the Reich Ministry of Justice, hundreds of German civilians and nationals of other countries were subjected to murders, brutalities, cruelties, tortures, atrocities, and other inhumane acts.
The particulars concerning these crimes are set forth in paragraph 14 of this Indictment which is incorporated herein byreference. The defendants Engert, Joel, Klemm, Lautz, Mettgenberger, and Rothenberger are charged with special responsibility for and participation in these crimes.
Special Health Courts (Erbgesundheitgerichte) perverted eugenic and sterilization laws or policies regarding German civilians and nationals of other countries which resulted in the systematic murder and illtreatment of thousands of persons. Thousands of German civilians and nationals of other countries committed to institutions for the insane, were systematically murdered. These crimes are further particularized in Paragraph 15 of Count Two of this Indictment, which is incorporated herein by reference. The defendants Lautz and Schlegelberger are charged with special responsibility for and participated in these crimes.
The Ministry of Justice granted immunity to and amnesty following prosecutions and convictions of Party members for major crimes committed against civilians of occupied territories. Pardons were granted to members of the Party who had been sentenced for proved offenses. On the other hand, discriminatory judicial proceedings were imposed against so-called "asocial" German nationals and civilians of the occupied countries. These crimes are further particularized in Paragraph 16 of Count Two of this Indictment and are incorporated herein by reference. The defendants von Ammon, Joel, Rothenberger, and Schlegelberger are charged with special responsibility for and participation in these crimes.
Discriminatory changes made in the German family and inheritance laws for the sole purpose of confiscated Jewish properties, were enforced by the Ministry of Justice. All Jewish properties were forfeited at death to the Reich. Jews and Poles, both in Germany and in the occupied countries, were deprived of their citizenship, their property was seized and confiscated, and they were deprived of means of earning a livelihood, by the State, by the Party organizations, and by individual members of the Party. These crimes are further particularized in Paragraph 17 of this Indictment, which is incorporated herein by reference, The defendants -Altstoetter and Schlegelberger are charged with special responsibility for and participation in these crimes.
The Ministry of Justice through suspension and quashing of criminal processes, participated in Hitler's program inciting the German civilian population to murder Allied airmen forced down within the Reich. This program resulted in the murder, torture, and ill-treatment of many persons. These crimes are further particularized in Paragraph 18 of this Indictment, which is incorporated herein by reference. The defendants Klemm and Lautz are charged with special responsibility for participation in these crimes.
The said Crimes against Humanity constitute violations of international coventions, including Article 46 of the Hague Regulations, 1907, the laws end customs of war, the general principles of criminal law as derived from the criminal laws of all civilized nations, the internal penal laws of the countries in which such crimes were committed, and of Article II of Control Council Law No. 10.
Count Four -- Membership in Criminal Organizations:
The defendants Altstoetter, Cuhorst, and Joel are guilty of membership in an organization declared to be criminal by the International Military Tribunal in Case No. 1, in that each of the said defendants was a member of Die Schutzstaffeln der National Socialistischen Arbeiterpartei (commonly known as the SS) after 1 September 1939.
The defendants Cuhorst, Oeschey, Nebelung, and Rothaug are guilty of membership in an organization declared to be criminal by the International Military Tribunal in Case No. 1, in that Cuhorst, Oeschey, and Rothaug were members of the Leadership Corps of the Nazi Party at Gau level after 1 September 1939, and in that Nebelung was an Ortsgruppenleiter of the Leadership Corps of the Nazi Party after 1 September 1939.
The defendant Joel is guilty of membership in an organization declared to be criminal by the International Military Tribunal in Case No. 1, in that the said defendant was a member of Der Sicherheitsdienst des Reichsfuehrer SS (commonly known as the SD) after 1 September 1939.
Such memberships are in violation of Paragraph I (d) Article II of Control Council Law No. 10.
Wherefore, this Indictment is filed with the Secretary-General of the Military Tribunals, and the charges herein made against the abovenamed defendants are hereby presented to the Military Tribunals.
Telford Taylor, Brigadier General, USA, Chief of Counsel for War Crimes, acting on behalf of the United States of America, at Nurnberg, on the fourth day of January 1947.
THE PRESIDENT: The microphone will now be placed in front of the defendant Josef Alstoetter.
I shall now call upon All defendants to plead guilty or not guilty to the charges against them. Each defendant, as his name is called, will stand and speak clearly into the microphone.
At this time there will be no arguments, speeches, or discussions of any kind. Each defendant will simply plead guilty or not guilty to the -16 offenses with which he is charged by this Indictment.
Josef Alstoetter, are you represented by counsel before this Tribunal?
DEFENDANT JOSEF ALSTOETTER: I do not consider myself guilty.
THE PRESIDENT: The question is, are you represented by counsel before this Tribunal?
DEFENDANT JOSEF ALSTOETTER: Yes, I am represented by counsel.
THE PRESIDENT: How do you plead to the charges and specifications and each thereof set forth in the Indictment against you, guilty or not guilty?
DEFENDANT JOSEF ALSTOETTER: I consider myself not guilty.
THE PRESIDENT: You may be seated.
Wilhelm von Ammon. Are you represented by counsel before this Tribunal?
DEFENDANT WILHELM VON AMMON: I am represented by counsel.
THE PRESIDENT: How do you plead to the charges and specifications and each thereof set forth in the Indictment against you, guilty or not guilty?
DEFENDANT WILHELM VON AMMON: I did not understand the question.
I do not consider myself guilty.
THE PRESIDENT: You may be seated.
Paul Barnickel. Are you represented by counsel before this Tribunal?
DEFENDANT PAUL BARNICKEL: I am represented.
THE PRESIDENT: How do you plead to the charges and specifications and each thereof set forth in the Indictment against you, guilty or not guilty?
DEFENDANT PAUL BARNICKEL: Not guilty.
THE PRESIDENT: You may be seated.
Hermann Cuhorst. Are you represented by counsel before this Tribunal?
DEFENDANT HERMANN CUHORST: I am represented by counsel.
THE PRESIDENT: How do you plead to the charges and specifications and each thereof set forth in the Indictment against you, guilty or not guilty?
DEFENDANT HERMANN CUHORST: I consider myself not guilty.
THE PRESIDENT: You may be seated.
Karl Engert. Are you represented by Counsel before this Tribunal?
DEFENDANT KARL ENGERT: My counsel is not present.
THE PRESIDENT: Do we understand from that that you have a counsel but that he is not present here this morning?
DEFENDANT KARL ENGERT: I did not exactly understand the question. I do not need counsel this morning.
THE PRESIDENT: How do you plead to the charges and specifications and each thereof set forth in the Indictment against you, guilty or not guilty?
DEFENDANT KARL ENGERT: Not guilty.
THE PRESIDENT: You may be seated.
Guenther Joel. Are you represented by counsel before this Tribunal?
DEFENDANT GUENTHER JOEL: I am represented by counsel.
THE PRESIDENT: How do you plead to the charges and specifications and each thereof set forth in the Indictment against you, guilty or not guilty?
DEFENDANT GUENTHER JOEL: Not guilty
THE PRESIDENT: You may be seated.
Herbert Klemm. Are you represented by counsel before this Tribunal?
DEFENDANT HERBERT KLEMM: I am represented by counsel.
THE PRESIDENT: How do you plead to the charges and specifications and each thereof set forth in the Indictment against you, guilty or not guilty?
DEFENDANT HERBERT KLEMM: Not guilty.
THE PRESIDENT: You may be seated.
Ernst Lautz. Are you represented by counsel before this Tribunal?
DEFENDANT ERNST LAUTZ: I am represented.
THE PRESIDENT: How do you plead to the charges and specifications and each thereof set forth in the Indictment against you, guilty or not guilty?
DEFENDANT ERNST LAUTZ: I consider myself not guilty.
THE PRESIDENT: You may be seated.
Wolfgang Mettgenberg. Are you represented by counsel before this Tribunal?
DEFENDANT WOLFGANG METTGENBERG: Yes, I am represented by counsel.
THE PRESIDENT: How do you plead to the charges and specifications and each therof set forth in the Indictment against you, guilty or not guilty?
DEFENDANT WOLFGANG METTGENBERG: I took notice of the accusations against me, and I consider myself not guilty.
THE PRESIDENT: You may be seated.
Guenther Nebelung. Are you represented by counsel before this Tribunal?
DEFENDANT GUENTHER NEBELUNG: Yes.
THE PRESIDENT: How do you plead to the charges and specifications and each thereof set forth in the Indictment against you, guilty or not guilty?
DEFENDANT GUENTHER NEBELUNG: On all counts, not guilty.
THE PRESIDENT: You may be seated.
Rudolf Oeschey. Are you represented by counsel before this Tribunal?
DEFENDANT RUDOLF OESCHEY: I am represented by counsel.
THE PRESIDENT: How do you plead to the charges and specifications and each thereof set forth in the Indictment against you, guilty or not guilty?
DEFENDANT RUDOLF OESCHEY: Not guilty.
THE PRESIDENT: Hans Petersen. Are you represented by counsel before this Tribunal?
DEFENDANT HANS PETERSEN: I am represented by counsel.
THE PRESIDENT: How do you plead to the charges and specifications and each thereof set forth in the Indictment against you, guilty or not guilty?
DEFENDANT HANS PETERSEN: I consider myself not guilty.
THE PRESIDENT: You may be seated.
Oswald Rothaug. Are you represented by counsel before this Tribunal?
DEFENDANT OSWALD ROTHAUG: I am represented by counsel.
TRE PRESIDENT: How do you plead to the charges and specifications and each thereof set forth in the Indictment against you, guilty or not guilty?
DEFENDANT OSWALD ROTHAUG: Not guilty.
THE PRESIDENT: You may be seated.
Kurt Rothenberger: Are you represented by counsel before this Tribunal?
DEFENDANT KURT ROTHENBERGER: Yes.
THE PRESIDENT: How do you plead to the charges and specifications and each thereof set forth in the Indictment against you, guilty or not guilty?
DEFENDANT KURT ROTHENDERGER: Not guilty.
THE PRESIDENT: You may be seated.
Franz Schlegelberger: Are you represented by counsel before the Tribunal?
DEFENDANT FRANZ SCHLEGELBERGER: Yes.
THE PRESIDENT: How do you plead to the charges and specifications and each thereof set forth in the Indictment against you, guilty or not guilty?
DEFENDANT FRANZ SCHLEGELBERGER: Not guilty.
THE PRESIDENT: You may be seated.
The pleas of the defendants will be entered by the Secretary General in the records of the Tribunal.
Military Tribunal III will be at recess until Wednesday, March 5, 1947, at 9:30 o'clock a.m. at room 295, at which time the trial of Case No. 3 will begin.
THE MARSHAL: Military Tribunal 3 will be at recess until Wednesday, 5 March 1947, a,t 09:30 o'clock, at room 395.
ER. ALFRED SCHILF (counsel for defendants Mettgenberge and Klemm): I wish to make a request. I wish to ask the Prosecution, in due tine before the opening of the trial, to make the document books available to the defendants and to their counsel.
We make the following objections against the Indictment:
Ordinance No. 7, by the Military Government, for Germany says, under paragraph (a), that the Indictment is to set forth the counts simply, distinctly, and with sufficient details, and that the defendants should be instructed on the details of the charges made against them.
The defendants, or the two clients whom I represent, do miss certain details in the Indictment. With the exception of possibly the charge in regard to the Night and Fog decree, no legal decree is referred to which could possibly be considered illegal.
In that manner the preparation by the defendants is frustrated because the Indictment, according to our opinion, is conceived much too generally, and the requirements of Article 4 of Ordinance 7 just referred to by me are missing. This could be remedied in that the prosecution, in due time, before the opening of the trial, makes the document books available to the defense counsel.
That is what I should like to ask for my two clients.
THE PRESIDENT: Does the prosecution desire to make any comment at this time upon the point raised?
MR. LA FOLLETTE: Unfortunately, and it 'is no' fault of the defendants' counsel for awhile I didn't hear what was coming through the phones. As I understand I am advised that two points were raised -- the fact that no documents were filed with defendants' counsel in their room. Those will be furnished your Honor. Secondly, with reference to the objection raised to the indictment, I believe that the rules require that the objections should be reduced to writing. In any event I think it would serve to the process, if the objection to the indictment was reduced to writing and then your Honors may see fit to pick such time as to dispose of the motion, and we can argue it at that time more intelligently than we could at this moment. I do not desire to take advantage of technicalities, but the record may note that defense counsel may be considered as having duly raised the objection, and at such time as it is to be disposed of it should be reduced to writing. I think it only reasonable that it be reduced to writing.
THE PRESIDENT: The defendants' counsel will be required to reduce certain matters to writing, as requested by the Prosecution and it is possible that we will want to dispose of that matter between now and March 5th, if it is agreeable to counsel on both sides.
DR. KOESSL: Counsel for defendant Rothaug. I have already submitted the same objection in writing.
MR. LAFOLLETTE: If that has been submitted in writing I think your Honors have indicated we may within a reasonable time after you have seen it, wish to dispose of that prior to March 5, or on March 5, whichever your Honors shall see fit. That will be satisfactory to us.
THE PRESIDENT: I suggest in that connection after you have seen the written matter that you advise the Tribunal when we are not in session as to your wishes.
MR. LAFOLLETTE: I shall be glad to do that, Judge. I assume I will wait and take not only the objections on behalf of the defendant Rothaug.
but also any objections which have been filed by counsel on behalf of any other defendants. After they have been submitted and I have had an opportunity to sec them, I will confer with defense counsel, and perhaps after that we will have time to confer with the Court as to the time of disposition.
THE PRESIDENT: Are there any other counsel representing defendants who desire to present any matters at this time? If not the order for recess will stand.
(The Tribunal adjourned until O93O hours, 3 March 1947)
Official Transcript of the American Military Tribunal in the Matter of the United States of America, against Josef Alstoetter, et al, defendants, sitting at Nurnberg, Germany, on 3 March 1947, 1000 hours, Justice Carrington T. Marshall, presiding.
THE MARSHAL: Persons in the courtroom will please find their seats The Honorable, the Judges of Military Tribunal 3.Military Tribunal 3 is now in session.
God save the United States of America and this honorable Tribunal.
There will be order in the court.
THE PRESIDENT: Military Tribunal 3 will come to order.
Mr. Secretary-General, ascertain if all the defendants are present.
MR. CHARLES E. SANDS: Josef Altstoetter?
DEFENDANT ALTSTOETTER: Here
MR. SANDS: Wilhelm von Ammon?
DEFENDANT VON AMMON: Here.
MR. SANDS: Paul Barnickel?
DEFENDANT BARNICKEL: Here.
MR. SANDS: Karl Engert? (No response) Guenther Joel?
DEFENDANT JOEL: Here.
MR. SANDS: Herbert Klemm?
DEFENDANT KLEMM: Here.
MR. SANDS: Hermann Cuhorst?
DEFENDANT CUHORST: Here.
MR. SANDS: Ernst Lautz?
DEFENDANT LAUTZ: Here.
MR. SANDS: Wolfgang Mettgenberg?
DEFENDANT METTGENBERG: Here.
MR. SANDS: Guenther Nebelung?
DEFENDANT NEBELUNG: Here.
MR. SANDS: Rudolf Oeschey?
DEFENDANT OESCHEY: Here.
MR. SANDS: Hans Petersen?
DEFENDANT PETERSEN: Here.
MR. SANDS: Oswald Rothaug? (No Response) Curt Rothenberger?
DEFENDANT ROTHENBERGER: Here.
MR. SANDS: Franz Schlegelberger?
DEFENDANT SCHLEGELBERGER: Here.
MR. SANDS: May it please this honorable Tribunal, I have letters here from the prison physicians which explain the absence of the defendants Karl Engert and Oswald Rothaug. If the Tribunal please, I will read these.
THE PRESIDENT: You may do so.
MR. SANDS: "Headquarters, Justice Prison, Nurnberg, Germany, APO 696-A, U. S. Army, 3 March 1947.
"Subject: Physical Condition of defendant Oswald Rothaug.
"To: The Secretary General.
"The defendant Rothaug was admitted to the Furth-Oberschule Hospital for treatment and observation on 22 February 1947.
"In February 1946 he suffered a perforation of the stomach as a result of a peptic ulcer, and since that time has had periodic exacerbations of his ulcer symptoms.
"Roenthoenologic examination now shows a severe gastritis with scarring of the original ulcer. Adhesions have caused the stomach to become adherent to the abdominal wall.
"The defendant at present is under-weight and has abdominal pain at frequent intervals. Therefore, because of his generally debilitated state, it is advisable that he be excused from standing trial for a period of one month."
Signed, "Charles J. Reska, Captain, Medical Corps, Prison Medical Officer."
THE PRESIDENT: You may make the same statement, or whatever statement you have, concerning the other absent defendant at this time.
MR. SANDS: Yes, your Honor. I have a similar letter here with regard to Karl Engert.
"Headquarters, Justice Prison, Nurnberg, Germany, APO 696-A, U.S. Army, 3 March 1947.
"Subject: Physical Condition of defendant Karl Engert.
"To: The Secretary General.
"The defendant Engert was transferred from the Nurnberg Prison to the Furth-Oberschule Hospital on 15 February 1947 because of serious gall-bladder disease.
"The medical diagnoses are: Cholelithiasis with cholecystitis; severe gastritis.
"At present he is a bed patient with fever and is deeply jaundiced.
"It is expected that his illness will necessitate his being in the hospital for at least six weeks.
"Because of the nature of his illness he cannot be expected to appear in court for at least six weeks." Signed, "Charles J. Roska, Captain, Medical Corps, Prison Medical Officer."
THE PRESIDENT: Has counsel for the defendant Rothaug any request to make at this time relative to his temporary absence?
DR. JOSEF KOESSL (Counsel for the defendant Oswald Rothaug): If it please the Tribunal, I ask that the defendant Rothaug be allowed to obtain permission for absence for one month, as requested. During this phase of the proceedings I do not consider it necessary that the defendant be present here.
THE PRESIDENT: Has counsel for the defendant Karl Engert a request to make at this time?
DR. HANS MARX (Counsel for the defendant Karl Engert): Mr. President, it was requested that the defendant Engert be excused for a period of at least six weeks, because he is not in a position to attend the sessions of this trial. I myself visited the defendant Engert in the hospital of the interned in Furth, and I convinced myself as to what his condition is as far as can be judged. I have concluded that his health is in a very bad condition. I am not in a position to say whether, after a lapse of approximated six weeks, he will be able to appear here.
Therefore, this question presents itself: To consider whether the trial against Engert could be segregated and whether the trial against Engert could be referred to another court, bill you permit me to make this suggestion? Because I am of the opinion that the defendant Engert will not be able to attend a session for a period longer than six weeks.
THE PRESIDENT: Permission will be given at this time for each of these defendants -- both of them -- to be temporarily absent during the trial, but the trial will be continued in their absence.
The matter of segregation is something that will have to be considered latter, and no announcement will be made at this time.
Mr. Secretary General, note for the record the presence of the defendants who have answered affirmatively, and make a proper notation as to the absence of those who are absent.
Is the prosecution ready to proceed at this time?
GENERAL TAYLOR: The prosecution is ready, Your Honor.
THE PRESIDENT: Are the defendants ready to proceed?
(No response)
We cannot very well have each of them come to the microphone, but I hope they all understood my inquiry, and silence gives consent to proceeding, I take it.
I have a statement which I desire to make for the benefit of the prosecution, the defendants, and all concerned.
Before opening the trial of Case No. 3, the United States of America against Josef Alstoetter and others, there are certain matters which the Tribunal desires to call to the attention of counsel for the prosecution and counsel for the defendants.