The Honorable, the Judges of Military Tribunal 11-A. Militar Tribunal 11-A is now in session. God save the United States of America and this honorable Tribunal.

There will be order in the Court.

PRESIDING JUDGE MUSMANNO: Military Tribunal II-A will come to order and proceed with the arraignment of the defendants in Case No. 9. The Secretary General will call the roll of the defendants.

THE SECRETARY GENERAL: Each defendant will stand an answer "present" when his name is called, except in the case of Otto Rasch, who may remain seated. Otto Ohlendorf. Answer present.

OTTO OHLENDORF: Yes.

THE SECRETARY GENERAL: Be seated. Heinz Jost.

HEINZ JOST: Yes.

THE SECRETARY GENERAL: Erich Naumann.

ERICH NAUMANN: Yes.

THE SECRETARY GENERAL: Otto Rasch. Remain seated.

OTTO RASCH. Yes.

THE SECRETARY GENERAL: Erwin Schulz.

ERWIN SCHULZ: Yes.

THE SECRETARY GENERAL: Franz Six.

FRANZ SIX: Yes.

THE SECRETARY GENERAL: Paul Blobel.

PAUL BLOBEL: Yes.

THE SECRETARY GENERAL: Walter Blume.

WALTER BLUME. Yes.

THE SECRETARY GENERAL: Martin Sandberger.

MARTIN SANDBERGER: Yes.

THE SECRETARY GENERAL: Willy Seibert.

WILLY SEIBERT: Yes.

THE SECRETARY GENERAL: Eugen Steimle.

EUGEN STEIMLE: Yes.

THE SECRETARY GENERAL: Ernst Biberstein.

ERNST BIBERSTEIN: Yes.

THE SECRETARY GENERAL: Werner Braune.

WERNER BRAUNE: Yes.

THE SECRETARY GENERAL: Walter Haensch.

* 15 and 22 September 1947. Tr. pp. 1-29.

WALTER HAHNSCH: Yes.

THE SECRETARY GENERAL: Gustav Nosske.

GUSTAV NOSSKE: Yes.

THE SECRETARY GENERAL: Adolf Ott.

ADOLF OTT: Yes.

THE SECRETARY GENERAL: Eduard Strauch.

EDUARD STRAUCH: Yes.

THE SECRETARY GENERAL: Emil Haussmann.

MR. FERENCZ: May it please your Honor, the prosecution has been informed that Emil Haussmann, named as a defendant, died subsequent to the filing of the indictment. (1)

PRESIDING JUDGE MUSMANNO: The record will show that the defendant Emil Haussmann died subsequent to the filing of the indictment and prior to this date of arraignment, so that all proceedings arising out of this indictment will cease as of the date of his death.

THE SECRETARY GENERAL: Waldemar Klingelhoefer.

WALDEMAR KLINGELHOEPEP.: Yes.

THE SECRETARY GENERAL: Lothar Fendler.

LOTHAR FENDLER: Yes.

THE SECRETARY GENERAL: Waldemar von Radetzky.

WALDEMAR VON RADDITZKY: Yes.

THE SECRETARY GENERAL: Felix Ruehl.

FELIX RUEHL: Yes.

THE SECRETARY GENERAL: Heinz Schubert.

HEINZ SCHUBERT: Yes.

THE SECRETARY GENERAL: Mathias Graf.

MATHIAS GRAF: Yes.

THE SECRETARY GENERAL: May it please this honorable Tri bunal, all defendants except Emil Haussmann are present and in the dock.

PRESIDING JUDGE MUSMANNO. Very well. The prosecution will now proceed with the reading of the indictment and the defend ants will attend to the reading of the charges lodged against them.

[At this point Mr. Ferenez began to read the indictment.(2)]

DR. SURHOLT: May I please have a word for reasons concerning procedure? The defense counsel of the defendant Dr. Rasch calls the attention of the Court to the fact that the defendant is not in a position to attend the Court. The defense already made an application on 8 September that the proceedings against Dr. Rasch be severed and that his trial be suspended for the time being. The defendant was brought in this morning, and the pres-

(1)The defendant Haussman committed suicide on 31 July 1947.
(2) For text of indictment, am PP. 13 to 22.

PRESIDING JUDGE MUSMANNO: Are you satisfled that he is not in physical condition to attend the balance of the proceedings this morning which may not endure longer than an hour?

DR. SURHOLT. The defendant has just told me that owing to his condition he is not in a position even to understand the words of the prosecutor. He cannot hear.

PRESIDING JUDGE MUSMANNO: Then do you make the representation that he is not in physical condition to be arraigned this morning?

DR. SURHOLT: I don't think so, but I am prepared to represent him and the defendant has consented to that.

PRESIDING JUDGE MUSMANNO: Then you ask that he be excused from the courtroom for the rest of the proceedings this morning?

DR. SURHOLT: Yes. I ask that.

PRESIDING JUDGE MUSMANNO: Very well. The defendant Otto Rasch, because of his physical condition, will be excused from attendance this morning and he will be arraigned at a later date individually. Will attendants escort the defendant Otto Rasch from the courtroom? (The defendant Otto Rasch was escorted from the courtroom.) You may continue, Mr. Ferenez.

[Mr. Ferenez continued reading the indictment.]

PRESIDING JUDGE MUSMANNO: The defendants have now heard the reading of the indictment, but notwithstanding each one will be asked whether he is familiar with the indictment because of having read it himself.

As each name is called, the defendant will stand and speak clearly into the microphone. There will be no speeches, discussions, or arguments of any kind at this time. The defendant will answer the very simple questions put to him, and then plead "guilty" or "not guilty" to the charges lodged against him in the indictment.

Otto Ohlendorf, are you represented by counsel before this Tribunal?

DEFENDANT OHLENDORF: Yes.

PRESIDING JUDGE MUSMANNO: Was the indictment in the German language served upon you at least 30 days ago?

DEFENDANT OHLENDORF: Yes.

PRESIDING JUDGE MUSMANNO: Have you read the indictment?

DEFENDANT OHLENDORIF: Yes.

PRESIDING JUDGE MUSMANNO: How do you plead to this indictment, guilty or not guilty?

DEFENDANT OHLENDORF: Not guilty, in the sense of the indictment.

DEFENDANT OHLENDORF: Yes.

PRESIDING JUDGE MUSMANNO: Very well.

Heinz Jost, are you represented by counsel before this Tribunal?

DEFENDANT JOST: Yes.

PRESIDING JUDGE MUSMANNO: Was the indictment in the German language served upon you at least thirty days ago?

DEFENDANT JOST: Yes. PRESIDING JUDGE MUSMANNO: Have you read the indictment?

DEFENDANT JOST: Yes.

PRESIDING JUDGE MUSMANNO: How do you plead to this indictment, guilty or not guilty?

DEFENDANT JOST: Not guilty, in the sense of the indictment.

[At this point the defendants Naumann, Schulz, Six, Blobel, Blume, Sand- berger, Seibert, Steimle, Biberatein, Braune, Haensch, Nosske and Ott were arraigned. All pleaded not guilty to the charges contained in the indictment.]

JUDGE DIXON: Eduard Strauch, are you represented by counsel before this Tribunal? (Defendant suffered an epileptic attack and was removed from the dock.)

DR. GICK: Dr. Karl Gick, your Honor, for the defendant Strauch. May I make a statement? As defense counsel for the defendant Strauch, I would like to inform the Tribunal that the Defendant Strauch suffers from epileptic attacks. Strauch earlier asked me to make an application to the Tribunal to have him medically examined, in order to clarify the question as to whether he is fit to participate in the proceedings. Within the next few days I shall submit this application. I ask that the defendant Strauch be removed from the proceedings for the time being and that you listen to his plea of guilty or not guilty later.

PRESIDING JUDGE MUSMANNO: In view of the very obvious condition of the defendant Eduard Strauch, the arraignment insofar as it pertains to him will be postponed to a later date. Defense counsel will be requested to submit a motion in writing along the lines indicated by him, which will be replied to by the prosecution in due time, and then the Tribunal will pass upon whatever is contained in the motion. Since we are considering this subject at the present time, I might like to call counsel for Otto Rasch to the podium.

You [Dr. Surholt] indicated in your preceding remarks that you intend to file an application - or had - for severance. I am not aware whether that application has been reduced to writing or not.

DR. SURROLT: This application was handed in on 8 September in writing. I believe there was a delay in its further processing

PRESIDING JUDGE MUSMANNO: Very well, then. If the motion has been filed I presume the prosecution will reply to it in due time. Are you familiar with this motion, Mr. Ferenez?

MR. FFRENCZ: Yes, your Honor, I am familiar with the motion. I have not as yet received an English translation of it. As soon as we do receive the motion we will reply to it, and the Tribunal may consider it at their convenience. I would, at this time, however, like to have it part of the record that the defendant Rasch, who was excused, was excused at his own request and the prosecution has no objection to it; however, before he was brought here this morning I was assured by a physician that he was physically able to attend the arraignment. He was excused on his own statement and not on the advice or request of any physician.

PRESIDING JUDGE MUSMANNO: Very well. The record will so indicate. We will continue with the arraignment.

[At this point the balance of the defendants were arraigned. All pleaded not guilty to the charges contained in the indictment.]

PRESIDING JUDGE MUSMANNO: Very well. Does counsel for the prosecution or any counsel for the defense have any motions to make?

MR. FERFNCZ: The prosecution has no motions to make, your Honor.

DR. SURHOLT: I have no application to make, but in respect to the words of the prosecution in the case of Rasch, I would like to point out that only for today was I willing to accede to the request of the defendant to let him go. This does not apply to the rest of the proceedings.

PRESIDING JUDGE MUSMANNO: Very well. In order that defense counsel may be prepared to proceed without delay with their respective cases, they are now informed that there will be no recess of the Tribunal between the completion of the prosecution's case and the beginning of the defense. Opportunity has already been afforded defense counsel, I am informed, to peruse and study the documents which the prosecution intends to present. Further opportunity will be given defense counsel to further peruse and study these documents prior to the opening of the actual trial date. Consistent with the safeguarding of every right of the defendants, as guaranteed by the Charter, the ordinances, and the laws controlling the procedure of this Tribunal, this case will proceed with dispatch. Any defense counsel who desires to call a witness or to obtain a document must not wait until he is about to call his client to the witness stand to testify. He should make his

THE MARSHAL: The Tribunal will be in recess until 9:30 o'clock Monday, 29 September.

(The Tribunal adjourned at 1045, to resume session at 0930, Monday, 29 September 1947.)

(Arraignment of defendant Otto Rasch at Municipal Hospital Nuernberg, Germany, at 1445 hours, 22 September 1947. The following were present; Judge John J. Speight, presiding; A. Horlik-Hochwald, representing the prosecution; Dr. Surholt, counsel for defendant Rasch; Capt. Jenckes, representing the Marshal, and the Secretary General's office; and Julian R. Schwab, reporter; and Mr. Lamm, court interpreter.)

JUDGE SPEIGHT: Otto Rasch.

DEFENDANT RASCH: Yes.

JUDGE SPEIGHT: You know that you have been indicted, and that an indictment has been filed against you for the commission of war crimes and crimes against humanity to the Secretary General of the Military Tribunal No. II-A?

DEFENDANT RASCH: Yes. I know that.

JUDGE SPEIGHT: Are you represented by counsel?

DEFENDANT RASCH: Yes.

JUDGE SPEIGHT: Do you know that the first day of trial is set for Monday, 29 September 1947?

DEFENDANT RASCH: Yes.

JUDGE SPEIGHT: Was a copy of the indictment in the German language served upon you at least thirty days ago?

DEFENDANT RASCH: Yes. I got it.

JUDGE SPEIGHT: Have you read the indictment?

DEFENDANT RASCH: I have read it.

JUDGE SPEIGHT: How do you plead to this indictment, guilty or not guilty?

DEFENDANT RASCH: Not guilty.

(Arraignment of Defendant Eduard Strauch in the chambers of Judge John J. Speight, Palace of Justice, Nuernberg, Germany, 1540 hours, 22 September 1947.

The following were present: Judge John J. Speight, presiding; A. Horlik-Hochwald, representing the prosecution; defendant; Capt. Jenckes, the Marshal, also representing the Secretary Gen- eral's office; Julian R. Schwab, court reporter; and Mr. Lamm, court interpreter.)

JUDGE SPEIGHT: Eduard Strauch.

DEFENDANT STRAUCH: Yes.

JUDGE SPEIGHT: Do you know that you have been indicted, and that an indictment has been filed against you for the commission of war crimes and crimes against humanity to the Secretary General now pending before Tribunal No. II-A?

DEFENDANT STRAUCH: Yes.

JUDGE SPEIGHT: Are you represented by counsel?

DEFENDANT STRAUCH: Yes.

JUDGE SPEIGHT: Do you know that the first day for the trial is set for Monday, 29 September 1947?

DEFENDANT STRAUCH: Yes.

JUDGE SPEIGHT: Was a copy of the indictment in the German language served upon you at least thirty days ago?

DEFENDANT STRAUCH: Yes.

JUDGE SPHIGHT: Have you read the indictment?

DEFENDANT STRAUCH: Yes.

JUDGE SPEIGHT: How do you plead to this indictment, guilty or not guilty?

DEFENDANT STRAUCH: Not guilty.