 |
the indictment be retained upon the docket of the Military Tribunals
for trial thereafter, if the physical and mental condition of the defendant
should permit. The Tribunal may, of course, wish to have a further medical
examination of Brueggemann before deciding this matter. So far as the
prosecution is concerned, we would have no objection to the entrance of an
order severing the proceedings against Brueggemann at this time. In accordance
with Dr. Klefisch's request, and on the basis of the medical reports,
Brueggemann was released from the Nuernberg jail on 7 July and, as I have said,
he is presently hospitalized near Duesseldorf in the British Zone, where he is
under surveillance.
PRESIDING JUDGE SHAKE: The Tribunal will pass upon
that matter at the conclusion of the call of the defendants. You may proceed,
Mr. Secretary.
THE SECRETARY-GENERAL: (Continuing) : Ernst Buergin,
Heinrich Buetefisch, Paul Haefliger, Max Ilgner, Friedrich Jaehne, Hans Kuehne,
Carl Lautenschlaeger —
PRESIDING JUDGE SHAKE: Is counsel for the
defendant present? Do you desire to make some observation to the Court with
reference to this defendant?
DR. PRIBILLA: No.
PRESIDING JUDGE
SHAKE: I may say to counsel that it has come to the attention of the Tribunal
that the only son of this defendant passed away last night. I don't know
whether the defendant himself yet knows of this fact, but under the
circumstances we have excused him from attendance here this morning, and we
will dispose of this matter too at the end of the roll-call. You may proceed.
THE SECRETARY-GENERAL (Continuing) : Wilhelm Mann, Heinrich Oster, Carl
Wurster —
BRIGADIER GENERAL TAYLOR: May it please the Court,
defendant Wurster is at present in a hospital at Ludwigshafen in the French
Zone of Occupation. After the indictment in this case was filed, the
prosecution learned that defendant Wurster had sustained an injury to his
shoulder and that an operation had been performed, and that Wurster was
hospitalized in consequence thereof. According to the advice of the French
doctors who treated Wurster, it appeared that he could not be moved to
Nuernberg, at least for several weeks. Accordingly, arrangements were made to
serve the indictment on defendant Wurster at Ludwigshafen in the French Zone,
and that was done by the Marshal of the Court on 20th of June 1947. Thereafter,
defendant Wurster was further affected by a heart condition which further
delayed his transfer to Nuernberg. Defense counsel for Wurster, Dr. Wagner, has
filed a motion requesting in |
82 |
. 
