. NMT03-T0955
Volume III · Page 955
| Under Military Government Order of 14 February 1947, the following were designated as members of Military Tribunal III: Carrington T. Marshall, presiding judge; James T. Brand, judge; Mallory B. Blair, judge; Justin Woodward Harding, alternate judge. As thus constituted, the Tribunal entered upon trial of the case. On 21 June 1947, General Order No. 52 was issued by the Office of Military Government for Germany as follows: |
| "Pursuant to Military Government Ordinance No. 7 |
| "1. Effective as of 19 June 1947, pursuant to Military Government Ordinance No. 7, 24 October 1946, entitled `Organization and Powers of Certain Military Tribunals', JAMES T. BRAND is appointed Presiding Judge of Military Tribunal III, vice CARRINGTON T. MARSHALL, relieved because of illness. " 2. JUSTIN WOODWARD HARDING, Alternate Judge, is appointed Judge for Military Tribunal III. |
| "BY COMMAND of GENERAL CLAY: |
| C. K. GAILEY Brigadier General, GSC Chief of Staff" |
| The trial has been continued before the
Tribunal as thus reconstituted. The evidence has been submitted, final
arguments of counsel have been concluded, and the Tribunal has heard a personal
statement from each defendant who desired to address it. In rendering this judgment it should be said that the case against the defendants is chiefly based upon captured German documents, the authenticity of which is unchallenged. The indictment contains four counts, as follows: (1) Conspiracy to commit war crimes and crimes against humanity. The charge embraces the period between January 1933 and April 1945. (2) War crimes, to wit: violations of the laws and customs of war, alleged to have been committed between September 1939 and April 1945. (3) Crimes against humanity as defined by Control Council Law No. 10, alleged to have been committed between September 1939 and April 1945. (4) Membership of certain defendants in organizations which have been declared to be criminal by the judgment of the International Military Tribunal in the case against Goering, et al. |
