. NMT03-T0028
Volume III · Page 28
At this time there will be no arguments, speeches, or discussion, of any kind. Each defendant will simply plead guilty or not guilty to the offenses with which he is charged by this indictment.
Josef Altstoetter, are you represented by counsel before this Tribunal?
DEFENDANT ALTSTOETTER: I do not consider myself guilty.
PRESIDING JUDGE MARSHALL: The question is, are you represented by counsel before this Tribunal?
DEFENDANT ALTSTOETTER: Yes, I am represented by counsel.
PRESIDING JUDGE MARSHALL: How do you plead to the charges and specifications and each thereof set forth in the indictment against you, guilty or not guilty?
DEFENDANT ALTSTOETTER: I consider myself riot guilty.
PRESIDING JUDGE MARSHALL: You may be seated.
[At this point the other defendants were asked similar questions. Each defendant indicated that he was represented by counsel, and each pleaded "Not guilty" to the charges of the indictment against him.]
PRESIDING JUDGE MARSHALL: The pleas of the defendants will be entered by the Secretary General in the records of the Tribunal.
Military Tribunal will be at recess until Wednesday, 5 March 1947, at 9:30 o'clock a.m., at which time the trial of Case 3 will begin.
THE MARSHAL: Military Tribunal III will be at recess until Wednesday, 5 March 1947, at 9:30 o'clock.
DR. SCHILF: I wish to make a request. I wish to ask the prosecution, in due time before the opening of the trial, to make their document books available to the defendants and to their counsel.
We make the following objections against the indictment: Ordinance No. 7, by the Military Government, says, in article IV under paragraph (a), that the indictment is to set forth the count; simply, distinctly, and in sufficient detail, and that the defendant' should be instructed on the details of the charges made again them.
The defendants, or rather the two clients I represent, failed to find certain details in the indictment. With the exception of possibly the charge in regard to the Night and Fog Decree, no legal decree is referred to which could possibly be considered illegal.
In that manner the preparation by the defendants is frustrated because the indictment, according to our opinion, is conceive
