. NMT04-T0567
Volume IV · Page 567
| January, testified in an intelligent fashion,
giving conclusive evidence of a thorough awareness of the proceedings.
Lieutenant William Bedwill, medical officer and trained psychiatrist was present in Court and reported to the Tribunal as follows: |
"It is my opinion that the defendant Herr Eduard Strauch, during the periods when I have observed him, including the Court sessions on the afternoon of 19 January 1948 and the morning of 20 January 1948, has been mentally competent and so free from mental defect, derangement or disease as to be able to participate adequately in his own defense." |
| On 2 February 1948, Lieutenant Bedwill was asked on the witness stand — |
"Lieutenant, do you think that, at any time when his answers were obviously irrelevant, the answers could be consonant with a conscious desire on the part of the defendant to appear to be, or make himself appear mentally incompetent?" |
| And he answered — "I believe that
they could be consonant with that desire." After cross-examination by defense counsel, the following question was put to the psychiatrist: |
"Do we understand from your statement, Doctor, that if the witness was not simulating, that then he was suffering from a disease that medical science up to this time has not yet discovered or recorded, so far as your cognizance of medical science is concerned?" |
| And his answer was — "That is true." |
| Another observation on Strauch's mental
competency is the fact that counsel for Sandberger in his final plea to the
Tribunal quoted from Strauch's testimony in confirmation of an objection
supposed to have been made by Sandberger to the Fuehrer Order. It is to be noted further that, on 9 February 1948, Dr. Gick made the announcement in Court that his client Strauch had no objection to his wife's being called for examination and cross-examination which fact would indicate that, even after he had testified in Court, Strauch was still in full possession of his mental faculties. From the complete history of the defendant's case the Tribunal concludes that any odd behavior demonstrated by the defendant in or out of Court was consciously adopted. The Tribunal further finds from the medical evidence and its own observation of the defendant in Court that he was mentally competent to answer to the charges in the indictment. |
