The Tribunal had already agreed that I may call those witnesses, and therefore it seems to me obvious that the Tribunal considered it proper for the defense to call such witnesses. May I add that I have said several times that I cannot waive my examination of the witness Hartmann. Moeller is equally important, and I hear that some of my colleagues also want to examine the witness Hartmann.
May it please the Court--I beg your pardon--I have just been told that the witness Hartmann is already here. Yesterday apparently he hadn't arrived yet. But may I point out that what I have said is still true in the cases of Moeller and Franke.
THE PRESIDENT: Let me see if we understand you. As to the witnesses Frau Lappin and Franke, they have both presented affidavits for the prosecution and you want to cross examine. Hartmann is out of the problem. Moeller has not been examined by the prosecution but you have received permission of the Court to call him as a witness for the defense. Is that correct?
DR. SCHILF: That is correct, Your Honor.
THE PRESIDENT: Of course, counsel for both sides must appreciate the difficulty of getting witnesses, and the fact that the Tribunal has no magic method of producing them by waiving a wand. We will do everything in our power to influence the powers that be to procure the witnesses which we have authorized you to examine, and that is the full extent to which we can go.
DR. SCHILF: I thank you, Your Honor. But there is one more point I want to discuss. As early as June, I made a motion, and it was agreed to, and that motion concerned some files which I wish to produce. Those files are in the Document Center in Berlin and with other former justice authorities for instance in Duesseldorf, As I said, all my motions were agreed to at the time.
THE PRESIDENT: You mean the Court allowed your motion?
DR. SCHILF: Yes, Your Honor. But it seems that there are unsurmountable difficulties in obtaining these files. I, myself, cannot understand why the difficulties should be so great though, in the Defense Center, Major Schaefer there took great trouble to procure them. At least such files as are in Berlin at the Document Center at the former Patent Office should be available without difficulty.
The prosecution has to dispose of these files, but yet they don't get them. Therefore, I should like to voice a request for Mr. La Follette to make a statement as to whether he can help me in getting these files, for which I asked a month ago, and for which my request was authorized.
THE PRESIDENT: Will you describe the file and tell us where it is.
DR. SCHILF: That first document is composed of files of the Reich Ministry of Justice from the year 1934. The file note is given in detail, in my motion of 28 June 1947. The decision of the Tribunal of 3 July 1947. I have before me. Perhaps, Your Honors, it is sufficient for me to quote that ruling by the Tribunal. The second document contains files front the General Public Prosecution Office at Magdeburg. I have before me, the ruling which the Court made on the 26 June 1947 and according to that ruling my request was agreed to.
The third document contains files from the Office of the General Public Prosecutor at Duesselaorf. I made my motion on the 11 of June 1947 and on the 26 of July the Court ruled on the matter. Then there are personnel files from the Reich Ministry of Justice. They are at the Document Center, Patent Office in Berlin, Friedenstrasse. My motion was made on the 11 of June 1947 and the Court ruled and granted my request on the 26 of June 1947. Finally, there are files from the Reich Ministry of Justice which concern the Hohenstein Case. My motion was made on the 11 of June 1947. The Tribunal on the 26 of June gave its ruling and granted my request. These files too are in Berlin at the Document Center.
The last document concerns the so-called distribution of work plan from the years 1937 and 1938. My motion was made on the 11 of June 1947. The Court ruled and granted my request on the 26 of June 1947. as concerns the files which I mentioned last, I believe that the prosecution will be able to help me. As far as I know, even the work distribution plans for the years 1937 and 1938 might be available here in Nurnberg because before this trial opened an interrogator apparently showed those plans to one of the defendants.
Those are all my motions concerning files.
MR. LA FOLLETTE: I will start the last one first. If the 1937, 1938 Work Distribution Plan is here in Nurnberg, there could only be possibly one or two men that might have it. I didn't know it was wanted. If we have it, I will get it for him. As to what is in Berlin, this prosecution staff has no more ability to get this than the Defense Center or Dr. Schilf. We have always taken the position that we would do everything that we could to permit defense counsel to go to Berlin and by what request we could make here under the rules that are preserved up there to go in and rake use of what is there to find their files. But the prosecution has not the staff, either this team nor OCC to go out and search out among the documents requested. That is all I can say about the files in Berlin at the Patent Office or at Fuensburg or at Duesseldorf. Certainly, we have no one who can go to Duesseldorf.
Now with reference to Frau Leppin and Franke, we tried to get Frauke down here desperately. As a matter of fact, the Court may recall that we had several minor delays. I have no objection to the defense taking a counter affidavit from Franke if they can get to him. The same way with Frau Leppin. I seen to have no way to get her down here. She, as I understand, lives in the Russian zone of Berlin. I have heard that she was up here but I tried to get here as a witness rather than to use the affidavit. I couldn't get a hold of her. The Russians reported at that time that we have given them the residence of a bombed out house.
With reference to Moeller, if he can get located, I have no objection to their taking an affidavit. Possibly if they will notify us, we might be able to find someone to go along and we can conduct an interrogation together. That is the best that I can do. I have no objection to counter affidavits being taken out on our two affiants. As far as Moeller is concerned, of course, it's beyond our part to get him.
THE PRESIDENT: The difficulty in obtaining witnesses from the Russian zone is know to the Tribunal. I think you will probably have to content yourself with taking counter affidavits of those witnesses, Dr. Schilf. It's not the most satisfactory form, as we have often said, but we can't get witnesses here. Counsel consents to a waiving of the general rule, and that a counter affidavit may be taken from Leppin, from Franke, and Moeller.
MR. LA FOLLETTE: There is no counter affidavit involved in Moeller, Your Honor. He is a new witness for the defense.
THE PRESIDENT: You consented that he might take an affidavit.
MR. LA FOLLETTE: On him, I'd like to be notified, and if possible, we would like to go there and take an affidavit at the same time.
DR. SCHILF: May it please the Tribunal, I wouldn't like to waive Moeller as a witness in the witness stand here because he is an important witness, and according to the ruling which I have quoted, the procedural ruling I have quoted, there is a possibility to get him here. Because of that, I want to make a motion that he be brought here. As concerns Frau Leppin, I see that there are difficulties. As concerns Franke, who is in a British came, I think that if the Tribunal could decide to apply article 12 (d), in that case I think the difficulties wouldn't be so bad that we couldn't overcome them. I think we could met the witness here. Therefore, I should like to reserve the right of introducing affidavits of those two witnesses in case we can't get them as witnesses on the stand.
THE PRESIDENT: If they cannot be obtained as witnesses on the stand, you may take affidavits. As to any order that you want made under Article 12 of the Rules of Procedure, we suggest to you that without argument and in specific and brief language you present a written motion to the Tribunal expressing exactly what you want the Tribunal to do.
DR. SCHILF: I shall do that, Your Honor.
THE PRESIDENT: It will be necessary to show in general terms what the expected evidence will be.
DR. SCHILF: I have no further statements to make, Your Honor.
DR. HAENSEL (for the defendant Guenther Joel): May I introduce documents which I still have to introduce as supplements? During the examination of Guenther Joel in the witness stand, I submitted my exhibits 1 through 53. Some of them only had been identified. Today, I am starting with Exhibit 54. The document is contained in my Book, I, and the number of this Joel Document is 2.
THE PRESIDENT: Will you repeat that statement, please? Your last exhibit number was what?
DR. HAENSEL: 53. Today I shall start with 54. Exhibit 54 will be the exhibit number for my Joel document No. 2. It is contained in Document Book I, and the page number is 4.
THE PRESIDENT: We have a Joel Document Book, haven't we? We have received that.
DR. HAENSEL: The Document Book I through TV are available. They have boon handed to the bench. This Document Book I contains extracts from the Reichsgesetzblatt -- The Reich Legal Gazette -and to supplement the extracts which my colleagues have introduced, I wish to submit documents which deal with the police as the auxiliary organ of the prosecution.
THE PRESIDENT: The Exhibit is received.
DR. HAENSEL: The next document is also contained in Document Book I. It is Document No. 14. The Exhibit No. will be 55. The page number is 66 in the English text and 83 in the German text.
THE PRESIDENT: The exhibit is received.
DR. HAENSEL: In the same document book, the last document, Document 20, is an affidavit by Hans Hasselberger. It appears on Page 121. The exhibit number will be 56.
THE PRESIDENT: The exhibit is received.
DR. HAENSEL: Document Book II contains a document 22, an affidavit by Franz Hagemann. The exhibit No. is 57.
THE PRESIDENT: The page?
DR. HAENSEL: Page 6. And the next document -
THE PRESIDENT: 57 is received.
DR. HAENSEL: The next document 23 is on page 9. The Exhibit Number will be 58. It is an affidavit by Kurt Hennecke.
THE PRESIDENT: That is in Document Book II?
DR. HAENSEL: In Document Book II, Page 9.
THE PRESIDENT: It's received.
DR. HAENSEL: The next document in Book II, on page 12, is Document 24. The Exhibit Number will be 59. It is an affidavit by Wilhelm Marotzke.
THE PRESIDENT: Just a moment.
DR. HAENSEL: I made a mistake there. The affidavit is by Erich Wilms.
THE PRESIDENT: What is your document 24?
DR. HAENSEL: In my Document Book, that is Document 24, Volume 2, an affidavit by Erich 'Wilms, Exhibit No. 59.
THE PRESIDENT: Was Exhibit 58 the HEnnocke affidavit?
DR. HAENSEL: 58 is the affidavit by Frau Hennecke.
THE PRESIDENT: What is your document 23 that I have here?
DR. HAENSEL: Hennecke.
THE PRESIDENT: What was your document 22?
DR. HAENSEL: Hagemann.
THE PRESIDENT: Is your Exhibit 57, Document 22?
DR. HAENSEL: Yes.
THE PRESIDENT: And 58 is Document 23?
DR. HAENSEL: Yes.
THE PRESIDENT: 59 is Document 24?
DR. HAENSEL: Yes.
THE PRESIDENT: All right. They are received.
DR. HAENSEL: Document 26 is an affidavit by Dr. Rudolf Lehmann, Book II, Page 17, and the exhibit number will be 60.
THE PRESIDENT: Received in evidence.
DR. HAENSEL: In the same volume, on Page 7O, there is Document 38. That is an affidavit by Dr. Werner Best, No. 1
THE PRESIDENT: What do you mean by No. 1? I don't understand.
DR. HAENSEL: There are two Best affidavits in my book.
THE PRESIDENT: Well, this is Document 38, and you want it marked Exhibit 6l, is that right?
DR. HAENSEL: Yes.
THE PRESIDENT: It's received.
DR. HAENSEL: The next exhibit is Document 39. It is contained on Page 72 in the same document book. These are extracts from the Deutsche Juristenzeitung and the Exhibit No. will be 62.
THE PRESIDENT: Received.
DR. HAENSEL: The next exhibit will be Document 40 on Page 73 in Document Book 2. The Exhibit No. will be 63. This exhibit consists of extracts from an IMT transcript.
THE PRESIDENT: Received.
DR. HAENSEL: The next exhibit is 64. That is Document 41, Volume 2, Page 74.
This exhibit again contains extracts from the IMT judgment. Page 74, Volume 2, Document 51 is Exhibit 64.
THE PRESIDENT: Document 41?
DR. HAENSEL: Yes, 41.
THE PRESIDENT: Received
DR. HAENSEL: That finished Document Book II. Document Book III contains the second document on Page 9, Document 49, extracts from the report from the so-called Streicher Commission. The Exhibit No. will be 65.
THE PRESIDENT: Received.
DR. HAENSEL: Document No. 56 in the same volume is on Page 38.
THE PRESIDENT: What is the document number?
DR. HAENSEL: Document 56. It is in the same volume on Page 38. This is an affidavit by Randenborgh.
THE PRESIDENT: Exhibit 56 is received.
DR. HAENSEL: The next document 57 is the Kesseboehmer affidavit, on Page 40, and the Exhibit No. will be 67.
THE PRESIDENT: Received.
DR. HAENSEL: The document 63, the Herpell affidavit -- Oh, no, I left one out. Exhibit 58, I beg your pardon. No -- not exhibit -- I mean Document 58 -- I beg your pardon. The affidavit by Wilhelm Budde, on Page 42, will become Exhibit 68.
THE PRESIDENT: Received.
DR. HAENSEL: The document 63, the Herpell Affidavit, on Page 54, will be exhibit 69.
THE PRESIDENT: It is received.
DR. HAENSEL: Document 65 on page 64, the Lange affidavit, becomes Exhibit 70.
THE PRESIDENT: It is received.
DR. HAENSEL: For identification only I offer Exhibit 70, which is my Document 68 and is an affidavit -- I beg your pardon, it's Exhibit 71. My document number 68. This is an affidavit by Hans Heinrich Schulz. I am offering it for identification only because I intended to call Schulz as a witness but this depends on the possibility of bringing him to Nuernberg. He has a serious war injury but I hope I'll be successful in getting him.
THE PRESIDENT: What page?
DR. HAENSEL: Page 74.
THE PRESIDENT: It will be marked for identification only. Exhibit 71.
MR. LAFQLLETTE: Your Honor, I suggest that the document be admitted. I have no objection to the exhibit being received. If the witness turns up, we could deal with that problem later.
THE PRESIDENT: Very well, it will be received in evidence.
DR. HAENSEL: Very well, I will offer it as an exhibit then.
THE PRESIDENT: If the witness appears, we will disregard the affidavit.
DR. HAENSEL: As Exhibit 73 I offer my document -- I beg your pardon -- I will deal with something else first. I had already reserved the exhibit number 48 for the copy of a letter of the General Prosecutor of Hamm. That exhibit number 48 I had reserved. The translation was not ready at the time but as Exhibit 48 I am offering it definitely now.
THE PRESIDENT: What document number is that?
DR. HAENSEL: It's Document 71 from Book 4.
THE PRESIDENT: Page what?
DR. HAENSEL: Page 16.
THE PRESIDENT: The exhibit is received. What about Exhibit 46?
DR. HAENSEL: 48?
THE PRESIDENT: You have a whole list of exhibits.
DR. HAENSEL: 46 is Engelmann. The Engelmann affidavit - that was 46.
THE PRESIDENT: Those were marked for identification only.
DR. HAENSEL: No, that was received. I first offered it for identification only and then at the end of my presentation of documents it was received.
THE PRESIDENT: Exhibits from 12 on, Mr. Secretary.
DR. HAENSEL: The exhibits from 12 through 53 were introduced for identification only and with a few exceptions at the end of my presentation of evidence they were received. One of those exceptions was No. 48.
THE PRESIDENT: Yes, 48 is received now.
DR. EAENSEL: Document 72, the Barchfeld affidavit in Document Book 4 on page 18, I offer as Exhibit 72.
THE PRESIDENT: Have we had Document Book 4?
DR. HAENSEL: Yes, there's a translation of Document Book 4. The number of the document is 72 and the exhibit number also is 72.
THE PRESIDENT: Is that the affidavit of von Barchfeld?
DR. HAENSEL: Yes, von Barchfeld.
THE PRESIDENT: Received.
DR. HAENSEL: The next document which is the last document in this book, is No. 73 and the exhibit number under which I offer it is also 73. This is an extract from the magazine "Die Welt", which is published in Hamburg. 73.
THE PRESIDENT: Received.
DR. HAENSEL: I have now introduced all of the documents which I have received from the translation branch. There is one more small document book which I shall introduce as soon as the translations are completed but I would like to use this opportunity--
THE PRESIDENT: Just a moment, please.
DR. HAENSEL: --to submit to the Tribunal a trial brief. It con tains legal explanations-
THE PRESIDENT: Just a moment. Have you offered your document numbers 69 and 70 in Book 4?
DR. HAENSEL: I did not introduce 69 and 70 today. I should like to reserve those numbers for me because the signatures were not certified in the way requested by the Tribunal and that in spite of several requests.
THE PRESIDENT: Well, we will mark Document 69 for Identification Exhibit 74 and Document 70 we will mark for Identification 75.
DR. HAENSEL: Yes. I have to submit a little trial brief which contains a little explanation concerning the identification of Law 10, Article 2-1-D, "Membership in Criminal Organizations". It summarizes literature and states a theory as to what is to be interpreted as "knowledge" within the meaning of this provision.
THE PRESIDENT: You may hand your brief to the Tribunal. It need not be marked as an exhibit.
DR. HAENSEL: No, I don't believe it's necessary but if the Tribunal wishes I can give it an exhibit number.
THE PRESIDENT: No, no.
DR. HAENSEL: I have a request to make following the statement made here by my colleague Dr. Schilf. The Tribunal authorized myself concerning the diary notes by Mr. Guertner made in 1934 until 1940 and I would be glad if Mr. LaFollette would tell us whether in the meantime he obtained them and would be able to make them available to me.
THE PRESIDENT: Why don't you discuss them outside with the prosecution unless there's some discussion to be taken up in court. There's no use taking up time here unless we have a written motion. We have no notion what you desire the Tribunal to do.
DR. HAENSEL: I shall discuss the matter elsewhere. I have concluded for today. I will reserve the right of producing the other documents which I mentioned.
THE PRESIDENT: Of course, counsel understands that the original order approving the use of a document or of a witness is a matter for the Tribunal.
That, we understand, has already been taken care of and the question now is how to get the machinery to work. That's within the scope of the Tribunal. We will do whatever we can to assist you, however.
DR. HAENSEL: I shall do my utmost.
DR. SCHUBERT: If it please the Court, I have finished. It's not yet my turn to start my defense for Dr. Oeschey because my colleague Brieger still has to finish the Cuhorst case but I am in a position, if the Tribunal agrees, so as to make use of the time to submit my document Book 1.
THE PRESIDENT: The Tribunal agrees.
DR. SCHUBERT: In my Document Book I there are only affidavits and without any explanation I am going to introduce them now and later I shall refer to them. For the moment I offer Document No. 1 as Exhibit 1, Document 2 as Exhibit 2, Document 9 as Exhibit 3? Document 44 as Exhibit 4, Document 57 as Exhibit 5, Document 56 as Exhibit 6, Document 177 as Exhibit 7, Document 178 as Exhibit 8, Document 25 as Exhibit 9. The Exhibit Document 65 I am leaving out. I do not intend to introduce it because I examined the affiant Denzler here before the Tribunal, and Document No. 3 wherefore becomes Exhibit 10, Document 192 is Exhibit 11; Document 4, Exhibit 12; Document 69, Exhibit 13; "ocument 193, Exhibit 14; Document 29, Exhibit 15; Document 179, Exhibit 16; Document 180, Exhibit 17; Document 58, Exhibit 18; Document 84, Exhibit 19; Document, 67, Exhibit 20; Document 72, Exhibit 21; Document 5, Exhibit 22; Document 6, Exhibit. 23; Document 23, Exhibit 24; Document 59, Exhibit 25; Document 60, Exhibit 26; Document 61, Exhibit 27; Document 85, Exhibit 28; and Document 191, Exhibit 29.
THE PRESIDENT: There being no objection Exhibits 1 to 29, inclusive, are received in evidence. The Secretary General reports he has two other books for your client.
DR. SCHUBERT: May it please the Court, all I know is there is another Document Book 4. My Document Books 3, 4 and 5 contained documents which deal with the individual cases with which the defendant Oeschey has been charged. It is of importance to me to submit those document books all together as otherwise the context would be disrupted. I should be glad to interduce my Document Book 2 which contains things of a general nature but unfortunately the translation division has not returned that book to me. I hope that I shall get it in the next few days. I don't think the Secretary General has book two there.
THE PRESIDENT: You are unable to proceed with any of the books which he has? Are there any books which the Secretary General has which you can proceed with at this time?
THE SECRETARY GENERAL: I have Supplements 5 and 4. Supplement 5, Book 4.
THE PRESIDENT: Book 4, and supplement 5. Can you use those?
DR. SCHUBERT: That is correct, Supplement 5 is available now, but the supplement just contains on affidavit and as I pointed out before book 4 would be taken completely out of its context if not introduced together with Books 3 and 5. May I finish for today, then?
THE PRESIDENT: What other document books have you, Mr. Secretary?
THE SECRETARY GENERAL: I have Book 5, Mettgenberg's supplement and Petersen's supplement.
THE PRESIDENT: Have we any attorneys to go with these supplement books?
THE SECRETARY GENERAL: That's all I have.
THE PRESIDENT: Petersen?
THE SECRETARY GENERAL: Petersen and Mettgenberg.
THE PRESIDENT: Is Mr. Schilf available? Petersen's counsel, can he present ----
DR. SCHUBERT: Your Honor, I can try and find Mr. Schilf. I only think he has gone across to his office.
THE PRESIDENT: Let the attorney for Petersen and the attorney for Mettgenberg be notified to appear and present their document books. Are there any books for the defendant Nebalung?
THE SECRETARY GENERAL No.
THE PRESIDENT: The Tribunal will recess until 3:15.
(A recess was taken)
THE MARSHAL: The Tribunal is again in session.
DR. SCHILF: Dr. Schilf for Dr. Mettgenberg. May it please the Court, I have just found out that concerning the document books on behalf of Dr. Mettgenberg, all the Secretary General has available in the English text is one book, and that is Book 5. I would like to ask you to excuse me from producing documents just from Book 5, particularly as that would only take me a few minutes, and I would not like to take it out of its order. I have given exhibit numbers to all my document books. Document book 5 begins with 31. Unfortunately, therefore, I cannot today introduce my remaining documents for Dr. Mettgenberg. It would be a very inadequate method if I were to start on Book 5 now.
THE PRESIDENT: Very well.-Dr. Aschenauer.
DR. ASCHNAUER: Dr. Aschenauer for the Defendant Petersen. Your Honor, up to now I have only received a Supplement volume from the Translation Department. These are three supplemental documents. If you wish me to do so I can now introduce those three supplemental documents, As other volumes have been with the Translation Department since the 24th of July, but I haven't received them back yet.
THE PRESIDENT: You may present what ever you have.
DR. ASCHENAUER: I now want to put in the Petersen document 138. May I start with that number for the reason that my document Cook is arranged in numbers. This is an affidavit by Dr. Rudolf Lehmann. The subject of this affidavit is "The Problem of the German Jurist in the Protectorate of Bohemia and Moravia." As document Petersen 139...
THE PRESIDENT: Just a moment. We will give document 138 Exhibit No. 1?
DR. ASCHNEIDER: 138?
THE PRESIDENT: As Exhibit 1, or do you want that marked Exhibit 138?
DR. ASCHENAUER: AS Exhibit 138.
THE PRESIDENT: All right. What is this? Is this your only supplement?
DR. ASCHENAUER: No, there will be one more supplement document, but that isn't ready yet.
THE PRESIDENT: Well, we'll mark this supplement No. 1 then.
DR. ASCHENAUER: Yes, that is all right with me.
THE PRESIDENT: Exhibit 138 is received.
DR. ASCHENAUER: As supplemental document No. 2 I offer an affidavit by Carl Leo Kuelp. I would ask you to receive it.
THE PRESIDENT: That has the number Document 140?
DR. ASCHENAUER: Yes, yes.
THE PRESIDENT: Well, it's wrong then. Your index shows Document 138 as affidavit by Boetticher and Kuelp is 140.
DR. ASCHENAUER: Yes, yes. I do not intend to put in the affidavit without document No. 139.
THE PRESIDENT: Is there any objection to your numbering Document 138 as your Exhibit 1? I don't see any objection to that. And we are informed that the Archive desires that the exhibits be numbered in order, commencing with No. 1. It won't affect the order in which you offer them.
DR. ASCHENAUER: Well, that would mean that my next document will be offered as my No. 4, and all I intend to put in today are three documents.
THE PRESIDENT: We're concerned with the exhibit number, which differs from the document number. We should like to number your document, which is 138, by the Exhibit No. of 1. Have you any objection?
DR. ASCHENAUER: No.
THE PRESIDENT: Document 138 is received as Exhibit 1. Document 140, on Page 5, is received as Exhibit 2.
DR. ASCHENAUER: Document No. 141 contains extracts from the American Army Basic Field Manual, and I'm offering it as Exhibit No. 3.
THE PRESIDENT: The exhibit is received. That's all you have?
DR. ASCHENAUER: Yes, that's all.
THE PRESIDENT: Have we any other documents available? Well, in view of the importance of the occasion, which has required this irregularity, we will express no complaint. We will recess until Monday morning at 9:30.
THE MARSHAL: The Tribunal will be in recess until Monday morning at 9:30.
(THE TRIBUNAL RECESSED AT 1530, to RESCUE SESSION MONDAY MORNING, 8 SEPTEMBER 1947, AT 0930)
Official Transcript of American Military Tribunal III in the matter of the United States of America against Josef Alstoetter, et al, defendants, sitting at Nurnberg, Germany, on 8 September 1947, 0930-1630, The Honorable James T. Brand, Presiding.
THE MARSHAL: The Honorable, the Judges of Military Tribunal III. Military Tribunal III is now in Session. God save the United States of America and this Honorable Tribunal.
There will be order in the court.
THE PRESIDENT: Mr. Marshal, will you ascertain if the defendants are all present?
THE MARSHAL: May it please your Honor, all the defendants are present in the courtroom.
THE PRESIDENT: Let the notation be made. The Tribunal is somewhat uncertain as to the course of procedure this morning. We are advised that Dr. Brieger will not be here until ten o'clock. Do any of counsel who are present have any documents which they would like to offer in the meantime?
MR. LAFOLLETTE: The Prosecution has three.
THE PRESIDENT: Very well.
MR. LAFOLLETTE: May it please your Honors, first I want to formally offer and distribute Exhibit 558 which is NG-2335, the Ludwig affidavit, which was identified during the Rothaug cross examination. I have it now for distribution in English and German.
THE PRESIDENT: It was marked for identification, was it?
MR. LAFOLLETTE: It was marked for identification Exhibit 558, your Honor.
THE PRESIDENT: Exhibit 558, NG-2335, is received.
MR. LAFOLLETTE: Now Exhibit 559 marked for identification during the cross examination of the Defendant Rothaug, which is NG-2364. That is excerpts from the case file against Rosa Heubeck and others. I send that out for distribution in English and German.