1946-12-19, #3: Doctors' Trial (noon)

THE PRESIDENT: The Tribunal is again in session.

MR. HcHANEY: May it please the Court, I understand you now have before you the English document books of Sulfanilamide experiments. This book includes the documents which will be presented on the Sulfanilamide and bone experiments at Ravensbrueck. These document books were delivered to the office of the Secretary General this morning, I am advised. The defense counsel have just received copies of the German document books. However, as I stated before the intermission -

DR. SEIDL: Dr. Seidl for the defendant Gebhardt, Fischer and Oberhauser, Mr. President, the Tribunal has issued a ruling to the effect that the defense is to be given the document books at least 24 hours before the documents are submitted in the Courtroom. The document book dealing with Sulfanilamide experiments we received only a quarter of an hour ago. In order not to held up the presentation of evidence by the prosecution I will dispense with legal objections regarding the delay in the submission of this document book. I agree to the submission of this document book at the present time. But, in view of the fact it is a very extensive book, -- it has 130 pages in the German text, and since I have not yet had time to look at the book I ask to be allowed to reserve the right to raise objections to the admissibility of individual documents later.

THE PRESIDENT: The request of counsel to reserve the right to object to these documents at some later time will be granted, providing the objections are urged at the earliest possible and convenient moment for counsel.

DR. NELTE: Dr. Nelte for Handloser. Mr. President, the statement which my colleague Dr. Seidl has just made was only for himself. On principle I believe that the defense counsel held the point of view that the ruling of the Tribunal is that document books must be submitted 24 hours before and should be observed. This is especially true when the contents of the document book are of such special significance, as in this case. This document book consists from the first to the last document, of affidavits, the affidavits replacing the testimony of witnesses here in the Courtroom.

We defense counsel must therefore have an opportunity to learn the contents of these affidavits before and in order to ascertain whether in a certain case the witness must not be called to appear here personally. A brief examination of this document book has shown that various affidavits were later corrected. Thus from the defendant Fischer there are affidavits of the 19th November 1945 and the 1st of November 1946, and also of the 21st of October 1946, the document NO-472. Then there is another statement by Fischer the 7th of December 1946 NO-904. I believe Your Honors that in view of the great significance of this particular document book you will not be able to deviate from your basic rule of procedure without endangering the interests of the defense, and I therefore ask you perhaps by the examination of witnesses which the prosecution wishes to bring to bridge the period of time until tomorrow morning until we have had an opportunity to be prepared to comment on this document.

MR. McHANEY: May it please the Tribunal, it goes without saying that the Prosecution is extremely sorry that these Document Books were not delivered twenty four hours prior to the time we wish to read certain Documents from them. However, it had been out intention, and I thought I made it clear before the intermission, to read only two Affidavits from Fritz Fischer and the Affidavit from Herta Oberhauser before we call certain Polish witnesses to testify. There are four of these witnesses. I would also like to call Dr. Alexander to testify, as an expert, as to a physical examination he had made of these witnesses. I have very little doubt but that the testimony of these witnesses will take up most of the afternoon session, if not all, Therefore, we would only be presenting at this time three Documents, all of which are affidavits signed by one or the other of the defendants. I am quite sure this would not work any hardship on the defense Counsel, as it may be assumed that there clients have advised them what they have admitted to the Prosecution.

THE PRESIDENT: In view of the statement by the Prosecution, has the appellant's counsel who objected to proceeding immediately changed their mind?

MR. McHANEY: The three Documents the Tribunal has reference to are No.228 - no.447 and 487.

THE PRESIDENT: Does the defense Counsel understand the arguments made by the Court?

The Tribunal will now recess until two o'clock. That will allow counsel for the appellants an additional period of time to examine these few Documents to which the prosecution will be limited to using this afternoon.

(The Court recessed at 1230 Hours.)