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JUDGE DALY, Presiding: As I understand it, Dr. Vorwerk, your motion
is to strike from the record so much as appears on page 8 of your opening
statement as counsel for the defendant Karl Pfirsch as states this. Will you
tell me if I am right in this? Beginning with this sentence, “In this
respect I must reserve the right to submit some of the material pertinent to
the count of the indictment at a later stage in the statement of the
defense.” Now, that portion, I understand, those words you want to have
remain in the record because it wouldn't make sense if they didn't remain in,
but beginning after the comma, the words, “since special difficulties have
arisen, for example, the photostatic office of the courthouse ceased
unexpectedly a few weeks ago to work for the defense. Formerly it had done this
work as a matter of course.” Those words, beginning with the word
“since” and ending with the word “course” are the words you
desire to have stricken from the record, is that right?
A. If my view
is correct, if the possibility exists in any case, material belonging to a
certain count of the indictment which is not available for the moment, to
present it to the defense at a later date by means of a supplementary document
book, if this possibility is also given in this trial, I agreed that the
proceedings which starts with “I have to reserve,” and ends with the
words “special difficulties have arisen,” that this sentence is also
stricken.
Q. I am sorry. I am afraid that what I stated is
unintelligible. Let's go back again. So much of the sentence as says, “In
this respect I must reserve the right to submit some of the material pertinent
to this count of the indictment at a later stage of the statement of the
defense,” that part you desire to have remain in, do you not, at this
time? That is right, isn't it?
A. Yes. That is correct.
Q. So that all that you
are asking for now to have stricken out is the following, that is I am quoting:
“since special difficulties have arisen, for example, the photostatic
office of the courthouse ceased unexpectedly a few weeks ago to work for the
defense. Formerly it had done this work as a matter of course.” Are those
the words included in your motion, are they?
A. Your Honor, not only
approximately. Those are just what I am driving at.
JUDGE DALY, Presiding: Yes. Then the
motion is granted. |
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| [This concludes the excerpt from the 23 March 1948 proceedings.
There follows the remainder of Dr. Vorwerk's opening statement rendered on
behalf of defendant Pfirsch on 22 March 1948.] |
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| DR. VORWERK: Thank you, Your Honor. May I continue?
|
182 |
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