1946-12-21, #1: Doctors' Trial (early morning)

Official transcript of the American Military Tribunal in the matter of the United States of America, against Karl Brandt, et al., defendants, sitting at Nurnberg, Germany, on 21 December, 1946, 0930-1230, Justice Beals, presiding.

THE MARSHAL: The Honorable Judges of Military Tribunal 1.

Military Tribunal 1 is now in session.

God save the United States of America and this Honorable Tribunal.

There will be order in the courtroom.

THE PRESIDENT: Mr. Marshal, ascertain if the defendants are all present.

THE MARSHAL: May it please Your Honor, all defendants are present in the courtroom.

THE PRESIDENT: Secretary-General, note that fact for the record, the defendants are all present in the court.

The prosecution may proceed.

MR. HARDY: May it please Your Honor, at this time I shall introduce Document Number NO-065 which had been admitted previously pending securing of the jurat on the Pohl affidavit. I will pass the original document up to you so that you may see the jurat that we have obtained.

(The document was handed to the Judge.)

If that is satisfactory Your Honor, I wish as this time to offer that as Prosecution Exhibit No.221. That has not been given a prosecution number prior to this time.

THE PRESIDENT: The jurat appears to be in order. The document will be admitted in evidence.

MR. HARDY: Also at this tine, Your Honor, in connection with the Dachau report by the United States Army Investigating Team, I introduced in connection with the malaria experiments, testimony of one Marion Dabrowski. In accordance with the ruling of the Tribunal I have had John A. Ray, the General Secretary of IMT, certify this extract if that report to be true and correct. I wish to pass that up for your Honer's perusal.

(Document handed to Judge.)

If that document meets with your Honor's requirements, at this time I should like to offer it as Prosecution Exhibit No.222.

THE PRESIDENT: The certificate appears to be in order. The document may be admitted.

MR. McHANEY: If the Tribunal please, Your Honors will recall that several weeks ago, in the early stages of the trial, we attempted to introduce a deposition by Father Leo Miochalowski. The deposition was part of the investigation report made by a unit of the United States Army investigating concentration camps. The deposition was refused admission for the reason that it was not signed by Father Miochalowski. In the meantime we have located him and we will call him to the stand to testify this morning as soon as he arrives. He is not here at the present time but he will be in shortly. In the meantime we would like to continue with the introduction of proof on the experiments carried out at the Ravensbrueck concentration camp and about which the court has heard testimony from four victims of these experiments. These witnesses which the court has heard are the so-called asocial and criminal persons upon whom the defendants in the deck feel that it is legal and moral to experiment upon.

I am just advised that Father Miochalowski has arrived and we would like at this time to have him summoned to the witness stand.

THE PRESIDENT: Will the Marshal summon the witness Leo Miochalowski.

Will this witness testify in the German language?

MR. McHANEY: Yes, sir.

LEO MIECHALOWSKI, a witness, took the stand and testified as follows:

BY THE PRESIDENT:

Q: The witness will state his name.

A: My name is Leo Miochalowski.

Q: The witness will be sworn. Hold up your right hand. Do you swear that the evidence you shall give shall be the truth, the whole truth, and nothing but the truth, so help you God?

(The witness repeated the oath.)

DIRECT EXAMINATION BY MR. McHANEY:

Q: Your name is Leo Miochalowski?

A: Yes, sir.

Q: When and where were you born, witness.

A: On the 22nd of March, 1909, in Babrzezne, Poland.

Q: Are you a citizen of Poland?

A: Yes.

Q: What is your present address, witness?

A: Raderhorst, in the district of Mindon, Westphalia.

Q: Are you a Catholic priest, witness?

A: Yes.

Q: And you are now a chaplain of the Polish Military Mission to the headquarters of the British Army of the Rhine?

A: Yes, and I am occupied and active now in the DP camp.

Q: Will you tell the Tribunal what education you have received, witness.

A: I have attended and graduated from the Humanistic Gymnasium and afterward the priest seminary in Dublin near Dachau.

Q: What were you doing from 1933 until the war broke out, father.

A: I was minister in Poland at that time.

Q: Were you arrested by the Germans in 1939?

A: Yes.

Q: Will you explain to the Tribunal how that came about?

A: It had been announced that everybody had to report, If he failed to do so it would be punished by death, that they would have to report to the town major's office. I was convinced that this was a registration and accordingly I went there. I was immediately arrested upon my arrival there.

Q: Did they tell you why you were arrested, father?

A: No, but later on I saw my warrant of arrest in prison.

Q: And did it give you any idea of why you were arrested?

A: Only warrant of arrest -- it had been written, underlined with a red pencil, minister, priest.

Q: And that is the only reason which you know as to why you were arrested?

A: I was never charged and never called to any trial or any ether legal proceedings.

Q: Were you at the time of your arrest teaching school in Swiecie, Poland?

A: During the previous time I had been a confessional teacher in the schools in Swiecie.

Q: Now, father, will you tell the Tribunal what happened to you after your arrest?

A: When I was arrested I was first kept in prison for two month and from there we were sent into a cloister and from there still other priests were assembled until about ninety priests had been assembled altogether, and from there we were sent to Stutthof near Danzig into the concentration camp which was located there. And, from there on the fifth or ninth of February we were transferred to Sachsenhausen-Oranienburg which is located near Berlin. On the 13th of December 1940 we were transferred again to Dachau. I was confined in Dachau, until the arrival of the Americans -- until we were liberated -- that was on the 29th of April 1945.

Q: Now, father, were you a political prisoner in Dachau?

A: Yes. I wore a red insignia which all those who had been arrested for political reasons had to wear this insignia.

Q: Now, father, did there come a time when you were experimented on the concentration camp at Dachau?

A: Yes. Malaria experiments and also on one occasion we were engaged in high altitude experiments.

Q: Did you say high altitude experiments, Doctor?

A: No, I said aviation experiments.

Q: And what do you mean by aviation experiments?

A: Well, I have said it because we were dressed in aviator's uniforms and then we were put into containers full of water and ice.

Q: Now, father, will you tell the Tribunal just what happened when you were experimented on with malaria? That is, when it happened and how you happened to be selected?

A: I was that weak that I fell down on the road because everybody was hungry in the camp. I wanted to be transferred to another assignment later on where we got some bread to eat between meals so my health could improve by the additional food. Ono man arrived and selected about thirty people for some easy labor. I also wanted to be selected for this assignment and those who had been selected for this work were led away. We went in the direction where the work was located and at the very last moment instead of going to the place of work we were lead to the camp hospital.

We did not know what was going to be dome with us there. I thought to myself that perhaps this was going to be some detail for easier work in the hospital. We were told that we should undress and after we had undressed ourselves our numbers were taken down and then we asked what was going on and they told us, smilingly. "This is for air detail." But, we were not told what was going to be done with us. Then the doctor came and told us all to remain and that we were to be x-rayed. Now that our numbers had already been taken down we were supposed to go to our blocks. I sat for two days in the block and afterwards I was again called to the hospital and there I was given malaria in such a manner that there were little cages with infected mosquitoes and I had to put my hand on one of the little cages and a mosquito stung me and afterwards. I was still in the hospital for five weeks. However; for the time being no symptoms of the disease showed themselves. Somewhat later I won't exactly recall; two or three weeks; I had my first malaria attack. Such attack recurred frequently and several medicines were given to us for against malaria. I was given such medicine as neo-salvasan. I was given two injections of quinine. On one occasion I was given atabrine and the worst was that one time when I had an attack I was given so-called perifer. I was given nine injection of that kind; one every hour and that every second day through the seventh injection. All of a sudden my heart felt like it was going to be torn out. I became insane. I completely lost my language -- my ability to speak. This lasted until evening. In the evening a nurse arrived and wanted to give me the eighth injection. I was then able to speak and I told the nurse about all of the complications I had had and that I did not what to receive the injection. The nurse had already poured out the injection and said that he would report this to Dr. Schilling. After approximately ten minutes another nurse arrived and he said that he would have to give me the injection after all. Then I said the same thing again; that I was not going to have the injection. However, he told me that he had to carry out that order. Then I replied that no matter what order he had I would not be willing to commit suicide.

Then he went away and returned once again after ten minutes. He told me, "I know you know what can happen if you don't accept the injection." Then I said in spite of everything; "I refuse to receive another injection and that I would tell that to the professor." I requested that he himself knew that I would not be willing receive the injection. So that the nurse would not have any further difficulty after twenty minutes Dr. Ploettner came with four inmate nurses and he talked to my comrades. "There is going to be a big row here." Then I said; "If I have resisted for such a long time I will continue to do so." Dr. Ploettner; however; was very quiet. He only reached for my hand and he checked my pulse, then touched my head and asked me what complications I had had. I told him what I had had after that injection And then he told the nurse to give me two tablets in order to remove the headache and and pains in my kidneys. When I had boon given that Dr. Ploettner was about to leave and told the nurses that they were to give me the rest of the injections. Then I said, "Hauptsturmfuehrer, I refuse to be given that injection." The physician turned around after I had said that and looked at me and said; "I am responsible for your life; not you." Then when the injection he told the nurse -- the nurses complied with his order and it was then they gave me this injection. It was the same one to whom I had previously told that I did not want to have another injection. It was only strange that after the eighth injection no results happened as they had done previously so that, in my opinion, I think that the nurse gave me some other injection. On the morning I was given the ninth injection -- when I woke up in the morning the results were then as usual. I became sick and I began to feel cold and I had high fever.

Q: Father; do I understand you to say that you were injected with malaria in the middle of 1942?

A: It was approximately in the middle of 1942 when I was infected with malaria.

Q: And you were not asked your consent to the malaria experiment?

A: No. I was not asked for my consent.

Q: And you did not volunteer for this experiment?

A: No. I was taken in the manner which I have just described.

Q: Did you make any protest?

A: In 1942 it was very difficult in the camp to lodge any protest. When I protested with this eighth injection which I was to be given, I clearly realized that it would have the most serious consequences for me. Later on such things could be risked, but in that year I still think that I would have been unable to do that, and I don't think it would have been to any avail.

Q: Now how many people were experimented on with you, that is, malaria experiments?

A: In the hospital when I had my attacks, there were approximately fifty to sixty people; the numbers changed.

Q: And do you know the approximate total number of inmates experimented on with malaria in Dachau?

A: Towards the end I hoard that approximately one thousand two hundred prisoners were subjected to those experiments.

Q: Do you know whether or not any of these inmates died as a result of the malaria experiments?

A: Several have died, but if this was the direct result of malaria, I do not know. I know of one case when the patient died after having been given Perifere injections. Then I still know another priest who died, but afterwards -- and prior to his death he was sent to another room.

Q: Was it customary to transfer patients out of the block in which they were conducting the malaria experiments if it appeared that they might die?

A: It looked to me as if this patient of whom I have just spoken had been moved for the reason so it could not be seen that it happened in the case of malaria, but I do not know if people died as a result of malaria because I am not an export on the subject.

Q: How many recurrences of malaria fever did you have, Father?

A: I cannot give you the exact number any more. However, these attacks recurred frequently, I think about five times, and then I still had treatment in bed for some time, and then there were several more, and altogether I had ten attacks, one every day. When I reached a temperature of 41.6.

Q: Do you still suffer any effects from the malaria?

A: I still have had some after effects, but I do not know if this is only of malaria because I was also subjected to another experiment.

Q: Well, will you now tell the Tribunal about this other experiment?

A: During these malaria attacks on one occasion I was called by Dr. Prachtel and -- was examined by a Polish physician, and Dr. Prachtel told me, "If I have any use for you, I will call you." However, I did not know what was going to be done with no. Several days later, that was on the seventh of October, 1942, a prisoner came and told no that I was to report to the hospital immediately. I thought that I was going to be examined once more, and I was taken through the malaria station to block 5 in Dachau, to the fourth floor of block 5. There -- the so-called aviation room, the aviation experimental station was located there, and there was a fence, a wooden fence so that nobody could see what was inside, and I was led there, and there was a basin with water and ice which floated on the water. There were two tables, and there were two apparatus on there Next to them there was a heap of clothing that consisted of uniforms, and Dr. Prachtel was there, two officers in Air Force uniforms. However, I do not know their names.

Now I was told to undress. I undressed and I was examined. The physician then remarked that everything was in order. Now wires had been taped to my back, also in the lower rectum. Afterwards I had to wear my shirt, my drawers, but then afterwards I had to wear one of the uniforms which were lying there. Then I also had to wear a long pair of boots with cat's fur and one aviator's combination. And afterwards a tube was put around my neck and was filled with air. And afterwards the wires which had been connected with me -- they were connected to the apparatus, and then I was thrown into the water. All of a sudden I became very cold, and I began to tremble. I immediately turned to these two non and asked them to pull me out of the water because I would be unable to stand it muck longer. However, they told me laughingly, "Well, this will only last a very short time." I sat in this water, and I had -- and I was conscious for one hour and a half. I do not know exactly because I did not have a watch, but that is the approximate time I spent there.

During this time the temperature was lowered very slowly in the beginning and afterwards more rapidly. When I was thrown into the water my temperature was lowered very slowly in the beginning and afterwards more rapidly. When I was thrown into the water my temperature was 37.6. Then the temperature became lower. Then I only had 33 and then as low as 30, but then I already became somewhat unconscious and every fifteen minutes some blood was taken from my ear. After having sat in the water for about half an hour, I was offered a cigarette, which, however, I did not want to smoke. However, one of these men approached me and gave me the cigarette, and the nurse who stood near the basin continued to put this cigarette into my mouth and pulled it out again.

I managed to smoke about half of this cigarette. Later on I was given a little glass with Schnapps, and then I was asked how I was feeling. Somewhat later still I was given one cup of Grog. This Grog was not very hot. It was rather luke warm. I was freezing very much in this water. Now my feet were becoming as rigid as iron, and the same thing applied to my hands, and later on my breathing became very short. I once again began to tremble, and afterwards cold sweat appeared on my forehead. I felt as if I was just about to die, and then I was still asking them to pull me out because I could not stand this much longer.

Then Dr. Prachtel came and he had a little bottle, and be gave me a few drops of some liquid out of this bottle, and I did not know anything about this liquid. It had a somewhat sweetish taste. Then I lost my consciousness. I do not know how much longer I remained in the water because I was unconscious. When I again regained consciousness, it was approximately between 3 and 8:30 in the evening. I was lying on a stretcher covered with blankets, and above me there was some kind of an appliance with lamps which were warming me.

In the room there was only Dr. Prachtel and two prisoners. Then Dr. Prachtel asked me how I was feeling. Then I replied, "First of all, I feel very exhausted, and furthermore I am also very hungry." Dr. Prachtel had immediately ordered that I was to be given better food and that I was also to lie in bod. One prisoner raised me on the stretcher, and he took me under his arm and he led me through the corridor to his room. During this time he spoke to me, and he told mo, "Well, you do not know what you have even suffered." And in the room the prisoner gave me half a bottle of milk, one piece of broad and some potatoes, but that came from his own rations. Later on he took me to the malaria station, block 3, and there I was put to bed, and the very same evening a Polish prisoner -- it was a physician; his first name was Dr. Adam, but I do not remember his other name -- He came on official orders.

He told me, "Everything that has happened to you is a military secret." You are not to discuss it with anybody. If you fail to do so, you know what the consequences will be for you. You are intelligent enough to know that." Of course, I fully realized that I had to keep quiet about that.

On one occasion I had discussed these experiences with one of my comrades. One of the nurses found out about this and he came to see me and he asked me if I was already tired of living, because I was talking about such matters. But, in the way these experiments were conducted, I do not need to add anything further to it.

Q: How long was it before you recovered from the effects of these freezing experiments?

A: It took a long time. I also have had several (pause) I have had a rather weak heart and I have also had severe headaches, and I also get cramps in my feet very often.

Q: Do you still suffer from the effects of this experiment?

A: I still have a weak heart. For example, I am unable to walk very quickly now, and I also have to sweat very much. Exactly, these are the results, but in many cases I have had these afflictions ever since.

Q: Were you in good physical condition before you were subjected to the Malaria and Freezing experiments?

A: Since the time of this starvation I weighed 57 kilograms in Dachau. When I came to the camp I weighed about one hundred kilo; I lost about one half of my weight. In the beginning, I was weighed, and I was in bed for about a week. And then my weight went down to forty seven kilo.

Q: How much do you weigh now, father?

A: I can not tell you exactly but I have not weighed myself lately but I think at this time I weighed fifty five kilogram.

Q: Do you know how you ware pre-warmed in these freezing experiments?

A: I was warmed with these lamps, but I heard later that people were rewarmed by women.

Q: Do you know approximately how many inmates were subjected to the freezing experiments?

A: I can not tell you anything about this, because it was kept so secret; and because I was in there quite individually, and I was quite single during this experiment.

Q: Do you know whether anyone died as a result of this experiment?

A: I can not give you any information about that, either. I have not seen anybody. But it was said in camp that quite a number of people died there during this experiment.

Q: Now, father, do you know anything about the low pressure experiments that were carried out in Dachau?

A: Only that I heard that such experiments were conducted out there with an hermetically sealed apparatus.

Q: You have no personal knowledge about these things?

A: No. Nobody was admitted there. It was also kept very secret.

Q: Now, what about the dry freezing experiments, father?

A: Also, these experiments, however, during this time, occurred out there. And it was also said that people were left lying there in the frost and to freeze; but as I have already said, I have not seen it, but I heard of it. But all that is alleged to have been done in the same Aviation Experimental station.

Q: Do you knew anything about the so-called "Phlegmone" experiments? At Dachau?

A: Yes, the Phlegmone experiments, were carried out there, because I know of comrades who were there. There were approximately sixty people, half of whom died. There was also a certain other number of cases that died as a result of this experiment.

Q: Father did you receive any preferential treatment in the Camp because you had undergone the Malaria and Freezing experiments?

A: On one occasion when I was in the hospital, Dr. Prachtel told me because you have behaved so bravely in the water, you can come at all times to the hospital for recuperation. That was a short time before Christmas. But when I left there, I thought it would be shameful of me to try to get some favors as a result of this. I never made any use of the suggestion, by the physician.

Q: Well, they didn't shorten your stay at Dachau, or anything of that nature, did they, because you underwent these experiments?

A: Mr. Prosecutor, I have not understood the question; I do not know what you mean by it.

Q: They did not shorten your sentence in Dachau, did they, because you underwent these experiments?

A: I really do not quite understand this question. No. No. I said not until the end; not until the Americans came to liberate us.

Q: Now, father, will you toll the Tribunal whether or not you were allowed to observe your religion while you were in Dachau Concentration Camp?

A: Well, this matter was treated differently; a chapel had been established at Dachau. And, as priests, we were even given preferential treatment. That is, for a while, we were given one quarter of a glass of liquor, and, from time to time, also some beer. And then, also, our food was supposed to be better. But, actually, we were generally pleased that special privileges were withdrawn; because we always had to drink the wine, one, two, three; this had to be done very quickly; but once or twice the chips began to fly in the air; and I also remember that we also at one time had some quarreling in the street by the inmates which had been separated from the rest. But in the camp everybody know that some were given preferential treatment; but it was given to us in such a manner, that it was not known to anybody. As to these visits, on one or two occasions, we were given an extra piece of moat. Later on, only a sign remained on the Courtyard circles that it was for the priests. But, in any case, we could not see any difference in the food. A. Chapel also was established, and, first of all, one priest was able to hold the Holy Mass there. All these privileges lasted for approximately one half year. Then we had to go to sleep daily, in the morning and in the afternoon. This, was, again, some sort of chicanery, because after we slept we had to construct some beds. And the construction of the beds in the Camp was really something terrible. The beds were torn down, frequently and we had to make them like little match boxes, so that ultimately some people refused to go to sleep, and some fire boxes were also given to us during this time. Later on all of us were cabled, and the camp leader and two other officers arrived. And a typewriter was brought. And all of us had to fall in, in the barracks street, and the following questions were asked:

"Who of you is a citizen of the Reich?" Of course, there were several German answerers, and they stopped out. The second question asked was: "Who or you belongs to a German Echelon group. I cant remember that anybody stopped out. Then there was still another question. "Who of you considers himself a German and confesses himself to the German Ideology?" Nobody stopped out. Afterwards, the oldest of the Camp came to the Camp leader and said, "You could still ask them who of them speaks German." Then the Camp loader said, "Of course, if you know already what they are doing, all right;" and he said, "From now, on, you are losing all of your privileges. And you are to become a general labor block;" and then we had to march away.

Generally we were grateful that we did not have the special privileges anymore. We only regretted that we were not admitted to the chapel and that our prayer books had been taken away from us. However, we had a feeling of honor that as Polish priests we had not broken down.

Later on, through comradeship with the other prisoners, the German priests were admitted to the chapel, and later, on several occasions, we wore also able to exercise our religious duties, but we had to do this secretly. However, we wore given very bad treatment in the camp as priests.

MR. McHANEY: I have no further questions, Your Honors.

THE PRESIDENT: Have Defendants' Counsel any cress examination of this witness?

There being none offered, the witness may stand down.

(The witness was excused.)

MR. HARDY: May it please the Tribunal, at this time we wish to continue with the presentation of the sulfanilamide bone transplantation experiments.

THE PRESIDENT: Before proceeding with the further introduction of the exhibits, the Court has an announcement to make. I will ask Judge Sebring to read it.

JUDGE SEBRING: It will no doubt be recalled by the Prosecution and Defense Counsel that several days ago Dr. Servatius made some inquiry of the Court concerning what the Court would consider to be a proper form to be used in the preparation of affidavits. As I understood at that time the purpose of the inquiry, it was that Defense Counsel wanted to meet such requirements as the Tribunal would insist upon and had hoped that the Tribunal would give them information prior to the holidays so that during the holidays they could make some progress in the preparation of the affidavits.

The Tribunal has given due consideration to the type of form that it thinks will meet its approval and has prepared an information sheet which the Presiding Judge has requested that I, on behalf of the Tribunal, have read into the record.

Information to Defense Counsel Concerning Forms to be Used in the Preparation of Affidavits:

Such affidavits as may be presented by Defense Counsel for reception in evidence by Military Tribunal I shall be in substantially the following form:

1. In case the witness whose affidavit is taken resides in the country or in a small village, the affidavit may be executed in the presence of the Laenderrat, who shall certify to the same.

2. In case the witness whoso affidavit is taken resides in a small town, the affidavit may be executed in the presence of the Mayor, who shall certify to the same.

3. In case the witness whose affidavit is taken resides in a larger city, either one of three alternatives will be acceptable; namely, (a) the affidavit may be executed in the presence of the First Mayor, who shall certify to the same; (b) the affidavit may be executed in the presence of the Deputy Mayor, who shall certify to the same; (c) the affidavit may be executed in the presence of the presiding judge of the civil court, who shall certify to the same.

In all events, any such affidavit must also be certified by the competent representative of the United States Government in the place where the affiant is resident.

The first paragraph of any such affidavit shall be as follows:

'I'--stating the name of the affiant--'state herewith under oath the following facts known to me by personal knowledge:'

Following this preliminary paragraph, the facts known to the affiant shall be stated clearly. The affidavit shall be concluded as follows:

'Having carefully read and personally countersigned each of the preceding ______ pages, numbered 1 to _____, inclusive, and having personally made the necessary corrections and countersigned them with my initials, I herewith declare under oath that all the facts submitted by me in this affidavit correspond, to the best of my knowledge and belief, to the full truth. /signed/ --', and then appears the signature of the affiant.

The certificate to be signed by the German authority shall be substantially as follows:

'I do hereby certify that I am--', stating the title of his office, 'having been duly appointed to this office by the properly constituted authority, to wit,--' and then follows a statement of the authority by which or through whom the officer was appointed.

Then will follow 'on', and then will appear the date of the appointment. 'I further certify that the foregoing affidavit was sworn to and signed before me this_____day,' the date being stated, 'at', and then will appear the name of the city, county or village, and the certificate will then be signed by the German official.

The declaration of the representative of the Military Government shall be in substantially the following form:

'Sworn to and signed before me on____date in', and then will be stated the place. Signed, and then will appear the name of the representative, his official title and rank.

The translator's certificate, if the affidavit is taken in a language other than English, shall be in the following form:

'I', stating the name, an United States civilian', and then his number, 'hereby certify that I am thoroughly conversant with the English and German languages and that the above is a true and correct translation,' and then the signature.

To the end that there may be no greater confusion than is necessary about the statement of the Tribunal, it is the order of the Tribunal to the Office of the Secretary General that sufficient copies of the statement now made by the Tribunal shall be prepared both in English and in German so that each Defense Counsel will have at least two copies of the statement, in English and in German, and more copies if he so desires.

At the present time, the Tribunal has two copies of this statement now to hand down to the Secretary General to appear in the minutes of the Court, a copy thereof in English and in German as information to the Prosecution, and a copy of the statement in English and in German as information to Defense Counsel at the present time, and I would suggest, Mr. Secretary General, that inasmuch as Dr. Servatius initially made the application, it be delivered to him.

THE PRESIDENT: The Tribunal will be in recess for 15 minutes.

(A recess was taken.)