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II. ARRAIGNMENT Extracts from the official transcript of Military Tribunal III
in the matter of the United States of America vs. Josef Altstoetter, et al.,
defendants, sitting at Nuernberg, Germany, on 17 February 1947, 0930, Justice
Carrington T. Marshall, presiding.¹
THE MARSHAL: Persons in the
courtroom will please find their seats.
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 courtroom.
PRESIDING JUDGE MARSHALL: The Tribunal will now
proceed with the arraignment of the defendants in Case 3 pending before this
Tribunal. The Secretary General will call the names of the defendants.
THE SECRETARY GENERAL: Josef Altstoetter, Wilhelm von Ammon, Paul
Barnickel, Hermann Cuhorst, Karl Engert, Guenther Joel, Herbert Klemm, Ernst
Lautz, Wolfgang Mettgenberg, Guenther Nebelung, Rudolf Oeschey, Hans Petersen,
Oswald Rothaug, Curt Rothenberger, Franz Schlegelberger.
MR.
LaFOLLETTE: May it please your Honor, all the defendants are present. I wish to
advise the members of this Tribunal that subsequent to the filing of the
indictment in this case the defendant therein named Carl Westphal died, and he
died while in the custody of the Marshal which may be confirmed by the
Tribunal.²
PRESIDING JUDGE MARSHALL: It will be so entered in the
record. Counsel for the prosecution will proceed with the arraignments of the
defendants.
[Here Mr. LaFollette read the indictment. See pp. 15-26.]
* * * * * * * * * * PRESIDING
JUDGE MARSHALL: The microphone will now be placed in front of the defendant
Josef Altstoetter.
I shall now call upon all defendants to plead guilty
or not guilty to the charges against them. Each defendant, as his name is
called, will stand and speak clearly into the microphone.
__________ ¹ This caption with the
necessary factual changes, appeared at the top of the first page of the
transcript for each day of the proceedings. Hereinafter it will be omitted from
all extracts from the transcript. ² The defendant Westphal committed
suicide in the Nuernberg prison adjacent to the Palace where the trials were
held.
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