 |
as they are reached for discussion and determination in the course of
this judgment.
The Issues
A copy of the indictment in
the German language was served upon each defendant at least 30 days before the
arraignment. All of the defendants, except Carl Wurster, Carl Lautenschlaeger,
and Max Brueggemann, who were absent on account of illness, entered formal
pleas of "Not Guilty" in open court on 14 August 1947. The defendants Wurster
and Lautenschlaeger subsequently entered like pleas, and Brueggemann was
severed from the case and ordered held subject to subsequent proceedings, upon
a showing that he was physically unable to stand trial. The indictment and the
pleas of "Not Guilty" to the charges contained therein constitute the issues
upon which the case was tried.
The Trial
The trial
opened 27 August 1947, and the evidence was closed on 12 May 1948. The case was
prosecuted by a staff of 12 American attorneys, headed by the Chief of Counsel
for War Crimes. Each defendant was represented by an approved chief counsel and
assistant counsel of his own choice, all of whom were recognized and competent
members of the German bar. In addition, the defendants, as a group, had the
services of a specialist of their own selection in the field of international
law, several expert accountants, and an administrative assistant to their chief
counsel. The proceedings were conducted by simultaneous translation into the
English and German languages and were electrically recorded and also
stenographically reported. Daily transcripts, including copies of exhibits, in
the appropriate language were provided for the use of the Tribunal and counsel.
The following tabulation indicates the magnitude of the record:
|
| |
| |
Prose- cution |
Defense |
Total |
| Documents submitted (including affidavits) |
2,282 |
4,102 |
6,384 |
| Affidavits submitted |
419 |
2,394 |
2,813 |
| Witnesses called (including those heard by
commissioners) |
87 |
102 |
189 |
| Pages of the transcript (not including the
judgment) |
— |
— |
15, 638 |
| Trial days consumed (not including hearings before
commissioners) |
— |
— |
152 |
| |
|
|
|
|
| |
|
Between 2 and 11 June 1948, the prosecution consumed 1 day and
the defense 6 1/2 days in oral argument. Each defendant was allotted 10 minutes
in which to address the Court in his own behalf, free of the obligation of an
oath, and fourteen availed themselves of this privilege. Exhaustive briefs were
submitted on behalf of both sides. |
1083 |
. 
