. NMT04-T0566
Volume IV · Page 566
| executed there was about 1,200 and not 2,000
as mentioned in the Kube letter. He stated that he was present during part of
the execution and witnessed about 200 being killed. He also saw about 200 women
and children lining up to be shot. From all the evidence in the case, the Tribunal finds the defendant guilty under counts one and two of the indictment. The Tribunal also finds that the defendant was a member of the criminal organizations SS and SD under conditions defined by the judgment of the International Military Tribunal and is, therefore, guilty under count three of the indictment. |
| Physical and Mental Condition of Defendant |
| On the day of the arraignment, 15 September
1947, Eduard Strauch had an epileptic seizure which necessitated his being
taken from the courtroom. He soon recovered from this seizure and apparently
enjoyed normal health, although he remained in the prison hospital for
observation and rest. On 11 December 1947, a medical board made up of three physicians conducted an examination of the defendant and declared that it was their opinion that "the defendant's mental condition is such that he is aware of the charges brought against him in the indictment". It was their opinion, further, that "the defendant is, at most times, physically and mentally able to understand questions put to him and to reply thereto with the full use of his mental faculties". There is every indication that, up until a short time prior to the time Eduard Strauch was scheduled to appear in Court, his mental behavior was normal. However, in the latter part of December 1947, it appears that he would give irrelevant answers to questions put to him by his attorney when he was consulted in the preparation of his case. On 13 January 1948, he came into Court as a voluntary witness, but, once on the stand, proceeded to answer in a manner which, to the Tribunal, represented a conscious and deliberate intention to avoid direct and intelligent responses to the questions put to him. On 17 January 1948, a medical board of two physicians examined him and concluded: |
"That the defendant, Eduard Strauch, except for brief periods preceding, during, and succeeding epileptic seizures is capable of understanding the proceedings against him and of taking adequate part in the direction and presentation of his own defense." |
| The defendant then again came into Court and, on 19 and 20 |
