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JUDGE DALY: During the trial of this case the defendants Loeser,
Houdremont, and Korschan have been excused from attendance at Court on
different occasions because of their health. The record indicated that the
defendant Loeser is not present today because of his present condition.
The above-named defendants have just been sentenced to imprisonment. We
believe that they should not be exposed by incarceration to dangerous
consequences to their health. However, we are not in a position to determine
whether the present condition of health of any of these defendants is of such a
nature that imprisonment will cause fatal or other extremely serious
consequences.
Accordingly, we are writing to General Lucius D. Clay,
the U.S. Military Governor of the United States Zone in Germany, calling his
attention to this with the suggestion that examinations be made for the purpose
stated above. If he concludes that such examinations are indicated, and is of
the opinion thereafter that because of the condition of health of any of the
defendants in question, sentence or sentences of any of them should be altered,
he has the authority to do so under Article XVII of Ordinance No. 7 of the
Military Government for Germany, United States Zone.*
I, Hu C.
Anderson, Presiding Judge, sign the foregoing subject to the written dissent
filed and made a part of the record. |
| |
| [Signed] |
| |
Hu C. ANDERSON
Presiding Judge
EDWARD J. DALY
Judge
WILLIAM J. WILKINS
Judge |
| |
Nuernberg, Germany
[Dated] 31 July 1948 |
__________
*At this point Presiding
Judge Anderson read into the record his dissent concerning the sentences,
reproduced below in section XII.
1452 |
. 
