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Wilhelm Mann, Karl Wurster, Heinrich Gattineau, and Erich von der
Heyde are each acquitted of all the charges in the indictment. They will each
be discharged from custody upon the final adjournment of the Tribunal.
The Tribunal now recognizes Dr. Dix, who desires to present something
to the Tribunal.
DR. DIX (counsel for defendant Schmitz) May it please
the Tribunal, on behalf of the defendants Krauch, Schmitz, von Schnitzler, ter
Meer, Ambros, Buergin, Buetefisch, Haefliger, Ilgner, Jaehne, Oster, Duerrfeld
and Kugler, I should like to ask for permission, speaking also on behalf of the
defense counsel of the gentlemen mentioned, to read a motion into the record
which I am now handing to the Secretary General in the number of copies
prescribed. At the same time I should like to state that in the written text
the name Ambros had been stricken out by me because I have only now been able
to make contact with his defense counsel Dr. Hoffmann. I should like to state
now that this motion is also made on behalf of Ambros.
I shall now read
it. I shall read the motion in the language in which it was drafted, the
English language.
The defendants Krauch, Schmitz, von Schnitzler, ter
Meer, Ambros, Buergin, Buetefisch, Haefliger, Ilgner Jaehne, Oster, Duerrfeld,
Kugler, and their defense counsel, each for himself, through me as speaker,
move to set aside the decision and judgment of conviction, on the ground that
the said decision and judgment is contrary to the facts, contrary to law, and
against the weight of the evidence; on the ground that this Court had no
jurisdiction to hear and determine the alleged charges; and on the further
ground that the facts alleged and the facts found do not constitute an offense
against the law of nations or against the laws of the sovereign power of the
United States.
And the said defendants and their defense counsel, each
for himself, move to set aside the decision and judgment of this Court, on the
ground that the rulings made and the procedure followed throughout the course
of this trial denied to the said defendant due process of law and was violative
of the Constitution and laws of the United States, international law, and the
rules of law generally applicable to the trial of criminal cases in all
civilized nations.
And the defendants and their defense counsel, each
for himself, move to set aside and vacate the decision and judgment of this
Court, on the ground that the individual justices thereof were without power to
act and the Tribunal, as a whole, was never legally established and its said
decision and judgment constitute an arbitrary exercise of military power over
each of the said defendants, in violation of the laws of nations and agreements
made by the belligerent powers and other countries appertaining thereto; and
each of the defendants and their |
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