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| II.
ARRAIGNMENT* |
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THE MARSHAL: Military Tribunal No. 2 is
now in session. God save the United States of America and this honorable
Tribunal.
PRESIDING JUDGE TOMS: The Marshal will ascertain whether the
defendant, Erhard Milch, is present in Court.
THE MARSHAL: May it
please your Honors, the defendant is present in the Court.
PRESIDING
JUDGE TOMS: Is counsel for the defendant, Dr. Bergold, also present?
THE MARSHAL: Dr. Bergold is also present in the courtroom.
PRESIDING JUDGE TOMS: Prosecution may proceed with the arraignment by
reading the indictment.
[At this point Mr. Clark Denney read
the indictment. See p. 360.] PRESIDING
JUDGE TOMS: The defendant will stand. You have heard the indictment, just read?
ERHARD MILCH: Yes.
PRESIDING JUDGE TOMS: And it has been
translated into the German language which you understand?
ERHARD MILCH:
Yes.
PRESIDING JUDGE TOMS: For more than 30 days you have had in your
possession a copy of this indictment translated into the German language?
ERHARD MILCH: Yes. PRESIDING JUDGE TOMS: You have also had the benefit
of Dr. Bergold's counsel for at least 30 days?
ERHARD MILCH: Yes.
PRESIDING JUDGE TOMS: Now then to this indictment how do you plead,
guilty or not guilty?
ERHARD MILCH: Not guilty.
PRESIDING JUDGE
TOMS: The Secretary General will enter upon the records of the Court the
defendant's plea of not guilty. You may be seated.
The Tribunal has set
Thursday, the second day of January 1947 for the commencement of the trial of
this action. Will the United States be ready on that date?
MR. DENNEY:
The Government will be ready at that time, your Honor.
PRESIDING JUDGE
TOMS: Dr. Bergold, will you be ready to proceed with the trial on the second of
January?
DR. BERGOLD: Yes.
* * * * * * * * *
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| __________ |
| * Tr. p. 7 |
365 |