NMT01-T022
Volume I · Page 22
DR. SERVATIUS: Your Honor, may I ask one question? May I add one thing, that the documents be given to us in German. In the previous trial, there was difficulty at the beginning because we got them in English.
PRESIDING JUDGE BEALS: I believe if counsel for the defense will refer to the rules promulgated by this Tribunal on 2 November 1946, you will see that a requirement is made that all such matters be submitted in a language that is understood by each of the defendants.
DR. SERVATIUS: Yes, but for technical reasons that was not always done. There were great difficulties. The conferences with the prosecution will make it possible to eliminate the difficulties. If it is not possible, I will address the Court again.
PRESIDING JUDGE BEALS: Do you have anything further, General Taylor?
BRIGADIER GENERAL TAYLOR: Your Honor, the prosecution merely wishes to note that it has filed with the Secretary General a motion to amend the indictment in paragraph 8 of count two and paragraph 13 of count three, by changing 1943 to 1941. The motion has been filed with the Secretary General and copies of the motion are in German and are in the hands of defense counsel.
PRESIDING JUDGE BEALS: How many of the defendants are concerned with the amendment to the indictment? My point is that if the —
MR. McHANEY: If the Tribunal please, the amendment occurs first in paragraph 8 on page 14 of the indictment and it affects only two of the defendants; namely, Blome and Rudolf Brandt. The amendment is also made in paragraph 13 because the same facts are there charged as a crime against humanity. In paragraph 13 only the same two defendants are involved; that is, defendants Blome and Rudolf Brandt.
PRESIDING JUDGE BEALS: What are the particulars of the amendment?
MR. McHANEY: The only change made by the amendment is to say the date January 1944 for the date January 1943; in other words, it extends the period covered by the crime for 1 year. The date 1943 was inserted by mistake in the indictment as filed with the Tribunal.
PRESIDING JUDGE BEALS: Are these two defendants represented by counsel here present this morning?
MR. McHANEY: I think that Rudolf Brandt answered "Yes".
DEFENDANT BLOME,: Yes, your Honor.
PRESIDING JUDGE BEALS: Has this motion been served upon counsel for these two defendants?
