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the alternative that the defendant be discharged or that the
proceedings against him be severed from the proceedings against the other
defendants. The prosecution filed an answer to this petition on the 25th of
July 1947, to which Dr. Wagner filed a further reply on the 4th of August. The
defendant's motion and the answer are pending before the Tribunal for
disposition and can be dealt with now or later in the discretion of the
Tribunal. The prosecution has just received information that defendant Wurster
was examined on 12 August 1947 by an American military doctor and is advised
that Wurster could now be transported under proper physical safeguards to
Nuernberg. The prosecution will, when the Court hears this matter, oppose Dr.
Wagner's request that the proceedings be severed although we, of course, have
no objection to such further medical examinations as the Court may direct.
THE SECRETARY-GENERAL (Continuing) Walter Duerrfeld, Heinrich
Gattineau, Erich von der Heyde, and Hans Kugler.
May the Honorable
Tribunal please, all defendants except Max Brueggemann, Carl Wurster, and Carl
Lautenschlaeger are present and in the dock.
PRESIDING JUDGE SHAKE: On
the basis of the showings made, the arraignment of the defendant Carl
Lautenschlaeger will be postponed until the next session of the Tribunal.¹
The arraignment and trial of the defendants Brueggemann and Wurster will be
postponed until such time as they are present or, in the alternative, until the
further order of the Tribunal.² In the meanwhile, the charges against the
defendants Brueggemann and Wurster will be continued and the indictments
against them will not be dismissed, but their names may be omitted from the
list of the defendants now before the Tribunal for trial.
The
Secretary-General will now call the defendants in the dock, one by one, for
arraignment.
THE SECRETARY-GENERAL: Carl Krauch —
DR.
CONRAD BOETTCHER (counsel for the defendant Krauch): Mr. President, before this
question is put to the defendants, I should like to have your permission, on
behalf of all defense counsel and all defendants, to make a brief declaration
with regard to this question. |
__________
¹ Defendant Carl
Lautenschlaeger was arraigned and pleaded not guilty on 27 August 1947, just
preceding the opening statement of the prosecution.
² The charge,
against defendant Brueggemann were severed from the charge, against the other
defendants by a Tribunal order of 9 September 1947. The prosecution and defense
had joined in requesting the severance because of physical inability of the
defendant to stand trial. The motions and order are reproduced in section XX C
2, volume XV, this series. The defendant Carl Wurster was arraigned and pleaded
not guilty on 17 September 1947. This was after nine sessions of the Tribunal
devoted to the hearing of argument and the receipt of evidence.
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