30 Nov. 45
person is faced with an unavoidable
necessity of conducting himself correctly. Therefore the amnesia of
Hess may end upon his being brought to trial."
Paragraph 3
"Rudolf Hess, prior to his flight to England, did not
suffer from any kind of insanity, nor is he now suffering from it. At
the present time he exhibits hysterical behavior with signs
of"--and again I ask the learned French judge to note this
point--"with signs of a conscious-intentional (simulated)
character, which does not exonerate him from his responsibility under
the Indictment."
The last sentence is a matter for the Tribunal. But in these
circumstances it would be impossible to say that the amnesia may
continue to be complete or is entirely unconscious. That is
deliberately avoided by the learned doctors. Therefore the
Prosecution do not say that that is the case, but they do say that
even if it were complete, the legal basis which I have suggested to
the Court is a correct one for action in this matter.
THE PRESIDENT: Thank you, Sir David. Would Dr. Rohrscheidt like
to add anything by way of reply? One moment. Mr. Justice Jackson, I
gathered from what Sir David said that he was speaking on behalf of
you and of the French Prosecution, is that correct?
MR. JUSTICE JACKSON: I intend to adopt all that he said. I would
only add a few more words, if I may.
THE PRESIDENT: Doctor Rohrscheidt, Mr. Justice Jackson has
something to say first of all.
MR. JUSTICE JACKSON: I adopt all that has been said, and will not
repeat. We have three applications before the Tribunal. One is for
another examination. I will spend very little time on that. I think
that we have made, up to this point with this examination, medical
history in having seven psychiatrists from five nations who are
completely in agreement. An achievement of that kind is not likely to
be risked. The only reason suggested here is that a relatively short
time has been devoted to the examination, but I suggest to Your
Honors that that is not the situation, because there have been
available the examinations and observations and medical history
during the incarceration of Hess in England, extending from 1941, and
the reports of the psychiatrists of the American forces since he was
brought to Nuremberg, and they all agree. So that there is a more
complete medical history in this case than in most cases.
The next application was as to trial in absentia. I shall
spend no time on that, for there seems to be no occasion for trying
Hess