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      THE PRESIDENT: You may not speak to me in support of the motion with which I have just dealt on behalf of the Tribunal. I have told you that so far as that motion is a plea to the jurisdiction of the Tribunal, it conflicts with Article 3 of the Charter and will not be entertained. Insofar as it contains or may contain arguments which may be open to the defendants, those arguments may be heard hereafter.

      DR. DIX: I do not wish to speak on the subject of a motion. As speaker for the Defense I should like to broach a technical question and voice a question to this effect on behalf of the Defense. May I do so? The Defense Counsel were forbidden to talk to the defendants this morning. It is absolutely necessary that the Defense Counsel should be able to speak to the defendants before the session. It often happens that after the session one cannot reach one’s client at night. It is quite possible that counsel may have prepared something overnight which he wishes to discuss with the defendant before the session. According to our experience it is always permissible for the Defense Counsel to speak to the defendant before the session. The question of conferring between Defense Counsel and clients during sessions could be dealt with at a later date.

      At present I request, on behalf of the entire Defense, that we be allowed to confer with our clients in the courtroom, into which they usually are brought at a very early hour. Otherwise, we shall not be in a position to conduct the defense in an efficient and appropriate manner.

      THE PRESIDENT: I am afraid that you cannot consult with your clients in the courtroom except by written communication. When you are out of the courtroom, security regulations can be carried out and, so far as those security regulations go, you have full opportunity to consult with your clients. In the courtroom we must confine you to written communications to your clients. At the end of each day’s sitting, you will have full opportunity to consult with them in private.

      DR. DIX: I shall discuss this with my colleagues of the Defense and we should like if possible to return to this question.

      DR. THOMA: May I have the floor?

      THE PRESIDENT: Will you state your name please.

      DR. THOMA: Dr. Ralph Thoma. I represent the Defendant Rosenberg. Yesterday my client gave me a statement as regards the question of guilt or innocence. I took this statement and promised him to talk with him about it. Neither last night nor this morning have I had an opportunity to talk with him; and, consequently, neither I nor my client are in a position to make a statement today as to whether he is guilty or not guilty. I therefore request that the proceedings be interrupted so that I may speak with my client.

      THE PRESIDENT: Dr. Thoma, the Tribunal will be prepared to adjourn for 15 minutes in order that you may have an opportunity of consulting with your clients.

      DR. THOMA: Thank you. I should like to make another statement. Some of my colleagues have just told me that they are in the same position as I, particularly Dr. Sauter. . . .

      THE PRESIDENT: I meant that all defendants’ counsel should have an opportunity of consulting with their clients; but I would point out to the defendants’ counsel that they have had several weeks’ preparation for this Trial, and that they must have anticipated that the provisions of Article 24 would be followed. But now we will adjourn for 15 minutes in which all of you may consult with your clients.

      DR. THOMA: May I say something further in that respect, Your Honor.

      THE PRESIDENT: Yes.

      DR. THOMA: The Defense asked whether the question of guilty or not guilty could only be answered with “yes”, or “no” or whether a more extensive and longer statement could be made. We obtained information on this point only the day before yesterday. We therefore have had no opportunity to confer at length with our clients on this matter.

      THE PRESIDENT: One moment. The question will have to be answered in the words of Article 24 of the Charter, and those words are printed in italics: “The Tribunal shall ask each defendant whether he pleads guilty or not guilty.” That is what they have got to do at that stage. Of course, the defendants will have a full opportunity themselves, if they are called as witnesses, and by their counsel, to make their defense fully at a later stage.

      [A recess was taken.]

      THE PRESIDENT: I will now call upon the defendants to plead guilty or not guilty to the charges against them. They will proceed in turn to a point in the dock opposite to the microphone.

      Hermann Wilhelm Göring.

      HERMANN WILHELM GÖRING: Before I answer the question of the Tribunal whether or not I am guilty. . . .

      THE PRESIDENT: I informed the Court that defendants were not entitled to make a statement. You must plead guilty or not guilty.

      GÖRING: I declare myself in the sense of the Indictment not guilty.

      THE PRESIDENT: Rudolf Hess.

      RUDOLF HESS: No.

      THE PRESIDENT: That will be entered as a plea of not guilty. [Laughter.]

      THE PRESIDENT: If there is any disturbance in court, those who make it will have to leave the court.

      Joachim von Ribbentrop.

      JOACHIM VON RIBBENTROP: I declare myself in the sense of the Indictment not guilty.

      THE PRESIDENT: Wilhelm Keitel.

      WILHELM KEITEL: I declare myself not guilty.

      THE PRESIDENT: In the absence of Ernst Kaltenbrunner, the Trial will proceed against him, but he will have an opportunity of pleading when he is sufficiently well to be brought back into court.

      Alfred Rosenberg.

      ALFRED ROSENBERG: I declare myself in the sense of the Indictment not guilty.

      THE PRESIDENT: Hans Frank.

      HANS FRANK: I declare myself not guilty.

      THE PRESIDENT: Wilhelm Frick.

      WILHELM FRICK: Not guilty.

      THE PRESIDENT: Julius Streicher.

      JULIUS STREICHER: Not guilty.

      THE PRESIDENT: Walter Funk.

      WALTER FUNK: I declare myself not guilty.

      THE PRESIDENT: Hjalmar Schacht.

      HJALMAR SCHACHT: I am not guilty in any respect.

      THE PRESIDENT: Karl Dönitz.

      KARL DÖNITZ: Not guilty.

      THE PRESIDENT: Erich Raeder.

      ERICH RAEDER: I declare myself not guilty.

      THE PRESIDENT: Baldur von Schirach.

      BALDUR VON SCHIRACH: I declare myself in the sense of the Indictment not guilty.

      THE PRESIDENT: Fritz Sauckel.

      FRITZ SAUCKEL: I declare myself in the sense of the Indictment, before God and the world and particularly СКАЧАТЬ