USA v. Pohl et. al - The Arraignment
(March 10, 1947)
II. Arraignment
Extract from transcript of Military Tribunal II, Case 4, in
the matter of the United States of America vs. Oswald Pohl, et al., defendants, sitting at Nuernberg, Germany, on 10 March 1947, Judge Toms
presiding.
PRESIDING JUDGE TOMS: There is before the Tribunal
Case 4, United States of America against Oswald Pohl and others. The
chief of counsel will read the indictment.
It might be better to ascertain that all the defendants named in the indictment are present.
THE MARSHAL: May it please your Honor, all the defendants
are present in the courtroom.
[At this point, Mr. McHaney read the indictment.
For text, see pp. 200 to 208.]
* * * * * * *
PRESIDING JUDGE TOMS: As the name of each defendant is called,
he will stand and answer the questions put to him by the Tribunal and
give his answers into the microphone.
DR. SEIDL (counsel for defendant Oswald Pohl): Mr.
President, before the defendants are heard with reference to the question
of guilt, I beg to have the opportunity to make an application on behalf
of defendant Oswald Pohl, which refers to the indictment.
PRESIDING JUDGE TOMS: You have already filed a written
motion in behalf of defendant Pohl?
DR. SEIDL: On the first of March of this year I submitted
an application in writing to the Secretary General, demanding on behalf
of the defense, a supplement of facts with regard to the indictment.
I should like to repeat this application here in open session of the
Tribunal and should like to give a verbal argument in favor of it.
PRESIDING JUDGE TOMS: The Tribunal has before it your
written application or motion and it will be heard in due time, but
we will proceed with the arraignment on the indictment as filed.
PRESIDING JUDGE TOMS: Oswald Pohl, did you receive
a copy of the indictment in this case on 13 January 1947?
DEFENDANT POHL: Yes.
Q. Are you represented by counsel?
Q.
How do you plead to this indictment,
guilty or not guilty?
A. I declare that I am not guilty.
Q. You may be seated.
[At this
point the balance of the defendants were arraigned. All pleaded not
guilty to the charges of the indictment.]
PRESIDING JUDGE TOMS: The Secretary General will enter
on behalf of each of the several defendants a plea of not guilty.
The Court has just signed the order approving the application
of Dr. von Stein as attorney for the defendant Franz Eirenschmalz.
Various motions have been filed on behalf of the defendants
Frank, [Hans] Loerner, Hohberg, Pohl, Pook, and Bobermin asking for
various types of relief, particularly with reference to the indictment.
These motions will be determined by the Tribunal in advance of the trial,
and argument on the motions will be permitted, if requested.
Am I right Mr. McHaney, in stating that it is proposed
to start the taking of proof in this case tentatively on 24 March?
MR. MCHANEY: That is correct, your Honor.
PRESIDING JUDGE TOMS: Counsel for the defendants will
be advised of that plan and will be ready to proceed on that day, unless
otherwise notified in the meantime.
There being nothing further before the Tribunal at
this moment, the Tribunal will be in recess without day, but with the
advice to counsel that the next probable session of the Tribunal will
be 24 March at 9:30 o'clock and in courtroom 581, not in this room.
Court will be in recess.
Sources: The
Avalon Project |