PLEAS OF INDIVIDUAL DEFENDANTS

All individual defendants, with the exception of MARTIN BORMANN who could not be located, in effect pleaded not guilty to the Indictment. The plea of ERNST KALTENBRUNNER was entered 10 December 1945; the pleas of the other defendants, 21 November 1945.

LETTER OF RESERVATION
BY THE UNITED STATES PROSECUTOR
IN REGARD TO WORDING OF THE INDICTMENT

6 October 1945

M. François de Menthon,

Sir Hartley Shawcross,

General R. A. Rudenko.

Dear Sirs:

In the Indictment of German War Criminals signed today, reference is made to Estonia, Latvia, Lithuania, and certain other territories as being within the area of the U.S.S.R. This language is proposed by Russia and is accepted to avoid the delay which would be occasioned by insistence on an alteration in the text. The Indictment is signed subject to this reservation and understanding:

I have no authority either to admit or to challenge on behalf of the United States of America, Soviet claims to sovereignty over such territories. Nothing, therefore, in this Indictment is to be construed as a recognition by the United States of such sovereignty or as indicating any attitude, either on the part of the United States or on the part of the undersigned, toward any claim to recognition of such sovereignty.

Respectfully submitted,
/s/ROBERT H. JACKSON,
Chief of Counsel for the United States.

To the Clerk or Recording Officer,

International Military Tribunal:

The representative of the United States has found it necessary to make certain reservations as to the possible bearing of certain language in the Indictment upon political questions which are considered to be irrelevant to the proceedings before this Tribunal. However, it is considered appropriate to disclose such reservations that they may not be unknown to the Tribunal in the event they should at any time be considered relevant. For that purpose, the foregoing copy is filed.

/s/ROBERT H. JACKSON

ORDER OF THE TRIBUNAL
REGARDING NOTICE
TO INDIVIDUAL DEFENDANTS

INTERNATIONAL MILITARY TRIBUNAL

THE UNITED STATES OF AMERICA, THE FRENCH REPUBLIC, THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, and THE UNION OF SOVIET SOCIALIST REPUBLICS

— against —

HERMANN WILHELM GÖRING, et al.,

Defendants.

The International Military Tribunal for the trial of the major war criminals having been duly constituted and an indictment having been lodged with the Tribunal by the Chief Prosecutors, in order to make fair provision for notice to defendants:

IT IS ORDERED that each individual defendant in custody shall receive, not less than 30 days before trial, a copy, translated into a language which he understands, of the documents set out in paragraph (a) of Rule 2 of the Rules of the Tribunal, in accordance with the terms of that paragraph.

Form of Notice to Individual Defendants

To the Defendants above named:

You and each of you is hereby notified that an indictment has been filed against you in the International Military Tribunal. A copy of this indictment and of the Charter constituting the International Military Tribunal are attached hereto. Your trial will take place at the Palace of Justice, Nuremberg, Germany, not less than 30 days from the service of the indictment upon you. The exact date will be made known to you later. Your attention is specifically directed to your right to counsel under Article 23 and Article 16 of the Charter and Rule 2 (d) of the Tribunal, a copy of which and a list of counsel are attached hereto for your information.

An officer has been designated by the Tribunal to deliver this Notice and accompanying documents to you and to confer with you with respect to the employment and designation of counsel.

For the International Military Tribunal

(no signature)

General Secretary

ORDER OF THE TRIBUNAL
REGARDING NOTICE TO MEMBERS
OF GROUPS AND ORGANIZATIONS

INTERNATIONAL MILITARY TRIBUNAL

THE UNITED STATES OF AMERICA, THE FRENCH REPUBLIC, THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, and THE UNION OF SOVIET SOCIALIST REPUBLICS

— against —

HERMANN WILHELM GÖRING, et al.,

Defendants.

WHEREAS an indictment has been lodged with this Tribunal against the above named defendants:

AND WHEREAS such indictment shows that the Chief Prosecutors intend to ask this Tribunal:

(1) to find that certain of the defendants were members of DIE REICHSREGIERUNG (REICH CABINET); DAS KORPS DER POLITISCHEN LEITER DER NATIONALSOZIALISTISCHEN DEUTSCHEN ARBEITERPARTEI (LEADERSHIP CORPS OF THE NAZI PARTY); DIE SCHUTZSTAFFELN DER NATIONALSOZIALISTISCHEN DEUTSCHEN ARBEITERPARTEI (commonly known as the “SS”), and including DER SICHERHEITSDIENST (commonly known as the “SD”); DIE GEHEIME STAATSPOLIZEI (SECRET STATE POLICE, commonly known as the “GESTAPO”); DIE STURMABTEILUNGEN DER NSDAP (commonly known as the “SA”); and the GENERAL STAFF and the HIGH COMMAND of the GERMAN ARMED FORCES, and

(2) to declare that said groups and organizations were criminal organizations

IT IS HEREBY ORDERED that notice shall be given to the members of such groups and organizations in the following form and manner:

(a) Form of Notice

INTERNATIONAL MILITARY TRIBUNAL

THE UNITED STATES OF AMERICA, THE FRENCH REPUBLIC, THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, and THE UNION OF SOVIET SOCIALIST REPUBLICS

— against —

HERMANN WILHELM GÖRING, RUDOLF HESS, JOACHIM VON RIBBENTROP, ROBERT LEY, WILHELM KEITEL, ERNST KALTENBRUNNER, ALFRED ROSENBERG, HANS FRANK, WILHELM FRICK, JULIUS STREICHER, WALTER FUNK, HJALMAR SCHACHT, GUSTAV KRUPP VON BOHLEN UND HALBACH, KARL DÖNITZ, ERICH RAEDER, BALDUR VON SCHIRACH, FRITZ SAUCKEL, ALFRED JODL, MARTIN BORMANN, FRANZ VON PAPEN, ARTHUR SEYSS-INQUART, ALBERT SPEER, CONSTANTIN VON NEURATH, and HANS FRITZSCHE, Individually and as Members of Any of the Following Groups or Organizations to Which They Respectively Belong, Namely: DIE REICHSREGIERUNG (REICH CABINET); DAS KORPS DER POLITISCHEN LEITER DER NATIONALSOZIALISTISCHEN DEUTSCHEN ARBEITERPARTEI (LEADERSHIP CORPS OF THE NAZI PARTY); DIE SCHUTZSTAFFELN DER NATIONALSOZIALISTISCHEN DEUTSCHEN ARBEITERPARTEI (commonly known as the “SS”) and including DER SICHERHEITSDIENST (commonly known as the “SD”); DIE GEHEIME STAATSPOLIZEI (SECRET STATE POLICE, commonly known as the “GESTAPO”); DIE STURMABTEILUNGEN DER NSDAP (commonly known as the “SA”); and the GENERAL STAFF and HIGH COMMAND of the GERMAN ARMED FORCES,

Defendants.

Notice is hereby given to all members of the following groups and organizations:

1.Die Reichsregierung, consisting of persons who were:
a)Members of the ordinary cabinet after 30 January 1933. The term “ordinary cabinet” as used herein means the Reich Ministers; i. e., heads of departments of the central government; Reich Ministers without portfolio; State ministers acting as Reich Ministers; and other officials entitled to take part in meetings of this cabinet.
b)Members of Der Ministerrat für die Reichsverteidigung.
c)Members of Der Geheime Kabinettsrat.
2.Das Korps der Politischen Leiter der Nationalsozialistischen Deutschen Arbeiterpartei, consisting of persons who were at any time, according to common Nazi terminology, Politische Leiter of any grade or rank.
3.Die Schutzstaffeln der Nationalsozialistischen Deutschen Arbeiterpartei (commonly known as the SS) and consisting of the entire corps of the SS and all offices, departments, services, agencies, branches, formations, organizations and groups of which it was at any time comprised or which at any time integrated in it, including but not limited to, the Allgemeine SS, the Waffen SS, the SS Totenkopf Verbände, SS Polizei Regimenter and the Sicherheitsdienst des Reichsführers-SS (commonly known as the SD).
4.Die Geheime Staatspolizei (commonly known as the Gestapo) consisting of the headquarters, departments, offices, branches, and all the forces and personnel of the Geheime Staatspolizei of Prussia and equivalent secret or political police forces of the Reich and the components thereof.
5.Die Sturmabteilungen der Nationalsozialistischen Deutschen Arbeiterpartei (commonly known as the SA).
6.The General Staff and High Command of the German Armed Forces, consisting of those individuals who between February 1938 and May 1945 were the highest commanders of the Wehrmacht, the Army, the Navy, and the Air Forces. The individuals comprising this group are the persons who held the following appointments:
Oberbefehlshaber der Kriegsmarine (Commander-in-Chief of the Navy)
Chef (and, formerly, Chef des Stabes) der Seekriegsleitung (Chief of Naval War Staff)
Oberbefehlshaber des Heeres (Commander-in-Chief of the Army)
Chef des Generalstabes der Luftwaffe (Chief of the General Staff of the Air Force)
Oberbefehlshaber der Luftwaffe (Commander-in-Chief of the Air Force)
Chef des Oberkommandos der Wehrmacht (Chief of the High Command of the Armed Forces)
Chef des Führungsstabes des Oberkommandos der Wehrmacht (Chief of the Operations Staff of the High Command of the Armed Forces)
Commanders-in-Chief in the field, with the status of Oberbefehlshaber of the Wehrmacht; Navy, Army, Air Force.

THAT such groups and organizations are accused by the Chief Prosecutors for the prosecution of major war criminals of being criminal organizations and this Tribunal has been asked by the Chief Prosecutors to declare said groups and organizations criminal.

THAT if any of such groups and organizations are found by this Tribunal to have been criminal in character members will be subject to trial and punishment on account of their membership in accordance with the provisions of the Charter of this Tribunal and upon any such trial the criminal character of the group or organization shall be considered proved and shall not be questioned.

THAT the issue of the criminal character of these groups and organizations will be tried commencing the 20th day of November 1945 at the Palace of Justice, Nuremberg, Germany.

THAT any person who acknowledges membership in any of the said groups or organizations may be entitled to apply to the Tribunal for leave to be heard by the Tribunal upon the question of the criminal character of the group or organization. Such application shall be made without delay, in writing, and addressed to the General Secretary, International Military Tribunal, Nuremberg, Germany.

THAT in the case of members of any of the said groups or organizations who

(i)may be in the custody of the prosecuting powers, such applications shall be handed to the Commanding Officer of the place where the said members are detained;
(ii)may not be in custody, such applications shall be handed to the nearest military unit.

THAT the Tribunal has power to allow or reject any such application. If the application is allowed, the Tribunal will direct in what manner the applicant shall be represented and heard.

THAT nothing contained in this notice shall be construed to confer immunity of any kind upon such applicants.

For the International Military Tribunal

(no signature)

General Secretary

(b) Manner of Notice

IT IS FURTHER ORDERED:

THAT publication in the German language be made throughout the zones of occupation in Germany over the radio, in newspapers and, if practicable, by the form of postings ordinarily employed by the military authorities in conveying information to the civilian population. Such radio and newspaper publications shall be made once a week for four weeks and over a sufficient number of radio stations, in a sufficient number of newspapers or by posting in a sufficient number of places to give the widest possible dissemination throughout the occupied territory of the notice set forth in paragraph (a) above.

THAT publication in the German language be made wherever practicable in the prisoner of war camps in which Germans are imprisoned, in such manner as the officers commanding such camps may decide.

The appropriate occupation authorities are requested to cooperate with the General Secretary of the International Military Tribunal in making this publication and the General Secretary shall make written report to the Tribunal of the action taken.

ORDER OF THE TRIBUNAL
REGARDING NOTICE TO DEFENDANT BORMANN

INTERNATIONAL MILITARY TRIBUNAL

THE UNITED STATES OF AMERICA, THE FRENCH REPUBLIC, THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, and THE UNION OF SOVIET SOCIALIST REPUBLICS

— against —

HERMANN WILHELM GÖRING, et al.,

Defendants.

The International Military Tribunal having been duly constituted and an indictment having been lodged with the Tribunal by the Chief Prosecutors

AND one of the defendants, Martin Bormann, not having been found

IT IS ORDERED that notice be given said Martin Bormann in the following form and manner:

(a) Form of Notice

Take Notice:

Martin Bormann is charged with having committed Crimes against Peace, War Crimes, and Crimes against Humanity all as particularly set forth in an indictment which has been lodged with this Tribunal.

The indictment is available at the Palace of Justice, Nuremberg, Germany.

If Martin Bormann appears, he is entitled to be heard in person or by counsel.

If he fails to appear, he may be tried in his absence, commencing November 20, 1945 at the Palace of Justice, Nuremberg, Germany, and if found guilty the sentence pronounced upon him will, without further hearing, and subject to the orders of the Control Council for Germany, be executed whenever he is found.

By order of

The International Military Tribunal

(no signature)

General Secretary

(b) Manner of Notice

This notice shall be read in full once a week for four weeks over the radio, the first reading to be during the week of October 22, 1945. It shall also be published in four separate issues of a newspaper circulated in the home city of Martin Bormann.

The Orders and Forms of Notice above set forth have been adopted by the International Military Tribunal.

/s/GEOFFREY LAWRENCE
President

October 18, 1945

Attest: /s/ HAROLD B. WILLEY

General Secretary

CERTIFICATES OF COMPLIANCE
WITH ORDERS OF THE TRIBUNAL
REGARDING NOTICE TO MEMBERS OF GROUPS
AND ORGANIZATIONS AND TO DEFENDANT
BORMANN

INTERNATIONAL MILITARY TRIBUNAL

THE UNITED STATES OF AMERICA, THE FRENCH REPUBLIC, THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, and THE UNION OF SOVIET SOCIALIST REPUBLICS

— against —

HERMANN WILHELM GÖRING, et al.,

Defendants.

Declaration

I, Richard William Hurlstone Hortin, a Major in H. M. Army serving with the Control Commission for Germany (British Element) at Berlin, solemnly and sincerely declare as follows—

1. I make this Declaration in my capacity of Berlin Secretary of the International Military Tribunal.

2. Pursuant to the order of the International Military Tribunal as to publication of Notice No. 1 as to Nazi Organisations, I served a copy of the said notice on each of the four Allied Secretariats; at the same time I served on the four Allied Secretariats a copy of the said order and a copy of the order of the International Military Tribunal as to Martin Bormann. Service was effected by delivery by me personally of the said notice and orders to duly authorised persons of the said Allied Secretariats.

The order as to Martin Bormann states that publication must be made in four separate issues of a newspaper circulated in the home city of Martin Bormann. After full enquiries I ascertained that the last known place of residence of Martin Bormann was Berlin. A former place of residence was Mecklenburg. It was also believed that the birthplace was Halberstadt. I gave these details to the Soviet Secretariat. I also arranged for publication in Berlin newspapers and on the radio. Newspaper circulation in the Russian Zone normally extends to both Halberstadt and Mecklenburg.

3. As a result of careful enquiries I ascertained that a reasonable number of notices for the whole of the four Zones would be 200,000 and, in consultation with the Legal Division of the Office of the Military Government for Germany (United States) and with the French and Soviet Allied Secretariats, I arranged for the printing of this number of notices. At the same time I arranged for the printing of a similar number of notices to Martin Bormann. These two notices were both printed on the same sheet of paper and a copy is annexed hereto and marked “Exhibit I”.

9,000 of these notices were distributed by me to the appropriate officers in the French, Soviet, British and American Sectors, namely 2,500 each for the American and Soviet Sectors and 2,000 each for the French and British Sectors. I am informed, and verily believe, that these notices were posted and exhibited in public places before midnight of the 27th October, 1945. 1,000 copies were retained by me as a reserve to be handed to Military authorities in the four Zones for reading and posting in P.O.W. Camps.

4. As to the remaining 190,000 of the said notices, 50,000 were handed personally by me to the Bureau of Information of the Soviet Military Administration in Germany. I arranged for the delivery of 50,000 to the Public Relations Branch of Control Commission for Germany (British Element) at Lübeck, Germany. I have made full and continuous enquiries and I am informed and verily believe that these notices were immediately distributed throughout the British Zone and through the channels which ensure the widest possible distribution.

I am informed by the Legal Division of the Office of Military Government for Germany (United States) that as previously arranged with me, they delivered 40,000 copies to the French Authorities at Baden-Baden. I am also informed by them and verily believe that the remaining 50,000 notices were handed by them to the appropriate United States Authorities for distribution through their Zone.

5. During the period October 20th to November 17th 1945 there have been four weekly publications in each of the four Zones of Germany of the said two notices in newspapers and over radio stations. The American, Soviet and British newspapers in Berlin have also carried the notices. Furthermore, in pursuance of the order of the International Military Tribunal, the said notices were handed to the appropriate Military Authorities of each of the four Zones for reading in Prisoner-of-War Camps and for such other form of publication as local Commanders might think proper within their own discretion.

6. Exhibits II, III and IV which are attached hereto, and marked by me, are certificates by the appropriate American, French and Soviet Authorities that the requirements of the said two orders of the International Military Tribunal have been fulfilled.

As to the British Zone, I have ascertained by enquiries from the said Public Relations Branch of the Control Commission for Germany (British Element) that the two notices have been widely distributed and publicised through the channels most appropriate for the purpose as stated in paragraph 4 of this my declaration. Furthermore I have similarly ascertained that appropriate action has been taken by British Military Authorities for reading and posting in Prisoner-of-War Camps wherever practicable.

“Exhibit V” attached hereto and marked by me is a certificate as to publication of the two notices in newspapers and on the radio in Berlin and in the British Zone of occupation.

7. I make this solemn declaration conscientiously believing the same to be true, and I declare that the information which I give therein has been obtained by me through official sources and from those persons whose duty it is to give such official information.

/s/R. W. H. HORTIN
Major

Declared by the above-named Richard William Hurlstone Hortin This 17th day of November 1945 In my presence:

/s/R. O. WILBERFORCE
Brigadier,
Deputy Chief,
Legal Division,
C. C. G. (B. E.).

Exhibit II. Dissemination in the American Zone

INTERNATIONAL MILITARY TRIBUNAL

THE UNITED STATES OF AMERICA, THE FRENCH REPUBLIC, THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, and THE UNION OF SOVIET SOCIALIST REPUBLICS

— against —

HERMANN WILHELM GÖRING, et al.,

Defendants.

Certificate

I hereby certify that at the request of the above entitled tribunal, through Harold B. Willey, General Secretary, I have performed the following services in connection with publication, broadcast and posting of notices in the above entitled cause under order of the above entitled tribunal issued at Nuremberg, Germany, on or about 18 October 1945:

1. In cooperation with Major R. W. H. Hortin, Legal Division, Advance Headquarters, Control Commission for Germany (British Element), Berlin, on or about 23 October 1945, I arranged for the initial printing of 10,000 copies of the attached notice by the Ullstein Press, Berlin (Exhibit “I”). On 26 October 1945 I personally took delivery of 2,500 of the said notices and delivered them to Major E. K. Neumann, Chief Public Safety Officer, U. S. Headquarters, Berlin District, for posting in the U.S. Zone of Berlin. Major Neumann’s indorsement to basic letter dated 27 October 1945 is attached as Exhibit “II A”. From my personal knowledge the posters were posted throughout the U.S. Zone, Berlin, as stated by Major Neumann. The remaining 7,500 posters of the original 10,000 were delivered to Major Hortin for posting in the British, Soviet, and French sectors of Berlin. To my personal knowledge they were so posted.

2. On or about 26 October 1945 I arranged for the publication of 190,000 additional posters. Ninety thousand of these were personally delivered to me on 31 October 1945, and by me shipped to the Office of Military Government, U.S. Zone, Frankfurt, Germany, for posting in the U.S. Zone and the delivery of 40,000 to Headquarters, French Military Government at Baden-Baden, Germany, for posting in the French Zone. A copy of the cable of instruction sent to Headquarters, Office of Military Government, U.S. Zone, is attached and marked Exhibit “II B”.

3. To my personal knowledge the Office of Information Control Service, Office of Military Government for Germany (U.S.), (Lt. Col. R. K. Fried, Executive Officer), relayed the attached notice to all German language newspapers and radio stations operating in the U.S. Zone with instructions to print and broadcast same as directed in the Tribunal’s order. A further certificate of compliance with this provision of the Tribunal’s order will be made by the Office of Information Control upon expiration of the fourth week on 17 November 1945.

Dated at Berlin, Germany, this 15th day of November 1945.

/s/ALEXANDER G. BROWN, 0-912504,
Lt. Colonel, AUS-AC,
Legal Division, Office of Military
Government for Germany (U.S.)
/s/ R. W. H. HORTIN
Major

Exhibit II A. Dissemination in the American Zone

OFFICE OF MILITARY GOVERNMENT FOR GERMANY (U.S.)

Legal Division

APO 742

27 October 1945

SUBJECT:Posting of International Military Tribunal Posters.
TO:Public Safety Division, U.S. Headquarters, Berlin District (Major Neumann).

1. It is requested that necessary action be taken to post 2,500 copies of the two orders of the International Military Tribunal in the case of Hermann Wilhelm Göring et al. in the U.S. Sector of Berlin on or before 1800 hours, 27 October 1945.

2. The Legal Division, Office of Military Government for Germany (U.S.) requests that a report be made at your earliest convenience advising as to the posting as requested in par. 1.

3. This request is in confirmation of arrangements previously made by Major Neumann and Lt. Col. Alexander G. Brown (76 X6110), this headquarters.

/s/Charles Fahy
Director
1st Ind.

U.S.Hq.B.D. & Hq. F.A.A., OMG, P.S., APO 755, U.S. Army, 31 Oct 45.

TO: Legal Division, OMGGUS, APO 742.

1. Pursuant to request 2,500 copies of the two orders of the International Military Tribunal in the case of Hermann Wilhelm Göring et al. were posted in the U.S. Sector of Berlin before 1800 hrs, 27 October 1945.

2. Said orders were on said date and before said hour posted upon bulletin boards and in other conspicuous places, to the approximate number of 435, in each of the six VBKs, namely Steglitz, Zehlendorf, Kreuzberg, Tempelhof, Schöneberg, Neukölln, which constitute the U.S. Sector of Berlin.

/s/E. K. NEUMANN
Major, A. C.
Chief Public Safety Officer

Exhibit II B. Dissemination in the American Zone

HQ. U.S. GROUP C.C.

A.G. CABLES

OUTGOING MESSAGE

UNCLASSIFIED

PRIORITY

TO:LEGAL BRANCH, OMGGUS ZONE
FROM:OMGGUS FROM FAHY SIGNED CLAY
INFO:INTERNATIONAL MILITARY TRIBUNAL, NUREMBERG
REF NO:CC-18221 TOO: 291200 B Oct 45 em

Legal Division, OMGGUS, at request of the International Military Tribunal, Nuremberg, has arranged for the printing of 100,000 copies of official notice to defendants. Shipment of approximately this number by air priority will be made to OMGGUS Zone as soon as they are printed, probably Thursday. It is desired that one-half of the shipment be relayed by OMGGUS Zone, to Headquarters, French Military Government, Baden-Baden. Court has directed that the notices be posted on official bulletin boards throughout US Zone and read and posted in all prisoner of war camps. Similar distribution has been ordered in other zones in Germany. Request Legal Branch, OMGGUS Zone, take necessary action to insure immediate relay of posters to the French and immediate distribution to military detachments throughout US Zone with instruction that they shall be posted within 24 hours of receipt. Distribution by OMGGUS Zone, to include Bremen Enclave, but not Berlin District. Distribution in Berlin District made direct by Legal Division, OMGGUS. Request that regional military government detachments report through Legal Branch, OMGGUS Zone, to Harold B. Willey, General Secretary, International Military Tribunal, Nuremberg, upon compliance with posting of notices as directed, and that a copy of such report be forwarded to Legal Division, OMGGUS.

ORIGINATOR:LegalAUTH: F. H. GORDON
Major
INFORMATION: O/SS, Pub. Relations, AG Records.
CC 1822130 Oct 45JAK/tb0444B
UNCLASSIFIED

Exhibit II C. Dissemination in the American Zone

INTERNATIONAL MILITARY TRIBUNAL

THE UNITED STATES OF AMERICA, THE FRENCH REPUBLIC, THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, and THE UNION OF SOVIET SOCIALIST REPUBLICS

— against —

HERMANN WILHELM GÖRING, et al.,

Defendants.

Certificate

I hereby certify that acting on instruction from Lieut. Colonel Raymond K. Fried I have performed the following services or have been informed of the following facts in connection with the publication and broadcast of notices in the above entitled cause under order of the above titled tribunal issued at Nuremberg, Germany, on or about 18 October, 1945:

1. I caused to be transmitted to the DANA news service in Bad Nauheim copies of the attached notices to Martin Bormann and to members of certain organizations (Exhibit I) with instructions that these notices were to be published in German language newspapers in the United States Zone of Germany and the United States Sector of Berlin, and broadcast over radio stations in the United States Zone.

2. Through the Radio Section of Information Control Division, U.S. Forces, European Theater, I have been informed that the above mentioned notices were broadcast three times each between October 26 and November 8, 1945 (Exhibit II D).

3. Through the DANA news service and through personal observation I have learned that copies of the above mentioned notices were printed in German language newspapers in the United States Zone and the United States sector of Berlin between 18 October and 17 November 1945.

Dated at Berlin, Germany, this 23rd day of November 1945.

/s/HOWARD DENBY
Press Control News Unit (Berlin)
Information Control Division
United States Forces, European
Theater

Exhibit II D. Dissemination in the American Zone

SUBJECT:War Crimes Indictments.
TO:Colonel Murphy.

1. The general indictment of the 24 defendants and the Nazi organizations was broadcast at 2015 on October 26, November 3 and November 8.

2. The notification to Bormann to the effect that he would be tried in absentia if he did not appear personally for trial was broadcast at 2000 hours October 26, November 2 and November 8.

3. All of these broadcasts originated at Luxembourg and were relayed by Frankfurt, Munich, and Stuttgart.

/s/GERALD F. MAULSBY
Chief, Radio Section

Exhibit III A. Dissemination in the French Zone

COMMANDEMENT EN CHEF FRANÇAIS EN ALLEMAGNE

GOUVERNEMENT MILITAIREBaden-Baden, 23 November 1945
DE LACounsellor Furby
ZONE FRANÇAISEDirector General of Justice
D’OCCUPATIONRepresentative in Germany for
DIRECTION GÉNÉRALEthe Search of War Criminals
de la
JUSTICEto
Le Directeur Général
The Delegate of the
Provisional Government of the
French Republic of the
Prosecution of the
International Military Tribunal
of the Major War Criminals

I certify that at the date of the 21st November 1945 the notice concerning the trial by the International Military Tribunal of the issue of the criminal character of certain organizations had been published in the German language in the French Zone of Occupation over the radio and newspapers at least once a week for two weeks, and that this publication will be continued for another two weeks over the one radio station of the French Zone (Koblenz) and in twelve German papers to give the widest possible dissemination throughout the French Zone.

I further certify that this notice was also published by the form of postings ordinarily employed by the military authorities in conveying information to the civilian population.

I further certify that this notice has been delivered to the appropriate French authorities in charge of prisoners of war for publication in the German language wherever practicable in prisoner of war camps in which Germans are imprisoned, in such manner as the officers commanding such camps may decide.

The Director General of Justice
Representative in Germany for the
Search of War Criminals,
(Seal)/s/FURBY

Exhibit III B. Dissemination in the French Zone

COMMANDEMENT EN CHEF FRANÇAIS EN ALLEMAGNE

GOUVERNEMENT MILITAIREBaden-Baden, 23 November 1945
DE LA
ZONE FRANÇAISECounsellor Furby
D’OCCUPATIONDirector General of Justice
DIRECTION GÉNÉRALERepresentative in Germany for
de lathe Search of War Criminals
JUSTICE
Le Directeur Généralto
The Delegate of the
Provisional Government of the
French Republic of the
Prosecution of the
International Military Tribunal
of the Major War Criminals

Certificate to General Secretary

I certify that at the date of the 21st November 1945 the notice to Martin Bormann that he is charged with having committed Crimes against Peace, War Crimes and Crimes against Humanity as set forth in an indictment which has been lodged with this Tribunal, had been published in the German language in the French Zone of Occupation over the radio and newspapers at least once a week for two weeks, the first publication having been made during the week beginning October the 12th, and that this publication will be continued for another two weeks over the one radio station of the French Zone (Koblenz) and in twelve German papers to give the widest possible dissemination throughout the French Zone.

The Director General of Justice
Representative in Germany for the
Search of War Criminals,
(Seal)/s/FURBY

Exhibit IV A. Dissemination in the Russian Zone

General Secretary,

The International Military Tribunal,

Nuremberg.

Certificate

I hereby certify that announcement of the trial, by the International Military Tribunal of the criminal case of certain organizations was duly published in German in the Soviet Zone of occupation in Germany in all the newspapers under our control namely: “Tägliche Rundschau”, “Berliner Zeitung”, “Deutsche Volkszeitung”, “Neue Zeit”, “Der Morgen”, “Das Volk”, (all published in Berlin), “Volksstimme”, “Volkszeitung”, “Thüringer Volkszeitung”, “Volksblatt” and “Sächsische Volksstimme” (all published in the provinces).

The publication was repeated weekly beginning 22nd October 1945. In addition it was broadcast weekly over the Berlin radio.

Furthermore I certify that this announcement was posted in bill form.

Chief of Information Bureau,

Soviet Military Administration in Germany

/s/ I. TUGARINOV

14 November 1945

17/11/45 A. KUDROV /s/

Exhibit IV B. Dissemination in the Russian Zone

General Secretary,

The International Military Tribunal,

Nuremberg.

Certificate

I hereby certify that the complete text of the statement of Martin Bormann to the effect that he is guilty in full measure of crimes against peace, war crimes and crimes against humanity, as set forth in the Indictment presented to this Tribunal, has been read in German over the radio in the Soviet zone of occupation in Germany once a week starting with Oct. 22, that is, Oct. 24, Nov. 3, Nov. 10, and Nov. 17, 1945.

Concurrently on these same dates it was published in Berlin in the following papers: “Tägliche Rundschau”, “Berliner Zeitung”, “Deutsche Volkszeitung”, “Neue Zeit”, “Der Morgen”, “Das Volk”.

Moreover, each week it was published in the following provincial newspapers: “Volksblatt”, “Sächsische Volkszeitung”, “Volkszeitung”, “Thüringer Volkszeitung”.

Chief of Information Bureau,

Soviet Military Administration in Germany

/s/ I. TUGARINOV

17 November 1945

Exhibit V A. Dissemination in the British Zone

PR/ISC Group,

Advance Headquarters,

Control Commission for Germany

(British Element),

BERLIN, B.A.O.R.

The General Secretary,

International Military Tribunal.

I certify that the notice concerning the trial by the International Military Tribunal of the issue of the criminal character of certain organizations has been published in the German language in the British Zone of occupation in the following newspapers, at least once a week for four weeks:

Circulation for week
ending 27 Oct 45.
Neue Westfälische Zeitung1,000,000
Neue Rheinische Zeitung520,000
Kölnischer Kurier370,000
Ruhr Zeitung500,000
Aachener Nachrichten110,000
Neue Hamburger Presse402,500
Lübecker Post156,000
Kieler Kurier210,000
Hamburger Nachrichtenblatt108,100
Lübecker Nachrichtenblatt47,600
Kieler Nachrichtenblatt17,500
Flensburger Nachrichtenblatt12,500
Neuer Hannoverscher Kurier433,000
Nordwest Nachrichten301,000
Hannoversches Nachrichtenblatt22,500
Neues Oldenburger Tageblatt40,100
Lüneburger Post178,900
Braunschweiger Neue Presse150,500
Der Berliner300,000

It has also been broadcast over the transmitters at Hamburg and Cologne (Langenberg).

I certify that it has thereby received the widest possible dissemination throughout the British Zone.

/s/W. H. A. BISHOP
Major-General,
Chief, PR/ISC Group,
Control Commission for Germany (BE).

BERLIN, 15 Nov 45.

Exhibit V B. Dissemination in the British Zone

PR/ISC Group,

Advance Headquarters,

Control Commission for Germany

(British Element),

BERLIN, B.A.O.R.

The General Secretary,

International Military Tribunal,

I certify that the notice to Martin Bormann that he is charged with having committed Crimes against Peace, War Crimes and Crimes against Humanity as set forth in an indictment which has been lodged with this Tribunal has been read in full in the German language once a week for four weeks over the radio in the British Zone, the first reading having been during the week of October 22, 1945, and that it has also been published in four separate issues of “Der Berliner”, the newspaper published in the British sector of Berlin.

/s/W. H. A. BISHOP
Major General,
Chief, PR/ISC Group.
Control Commission for Germany (B. E.)

BERLIN, 15 Nov 45

/s/ R. W. H. HORTIN

CERTIFICATES OF SERVICE ON INDIVIDUAL
DEFENDANTS

INTERNATIONAL MILITARY TRIBUNAL

24 October 1945

Certificate to General Secretary

I certify that I have served the following documents: (1) Indictment, (2) Notice, (3) Charter of International Military Tribunal, (4) Rule 2 (d) of the Rules of the International Military Tribunal, and (5) list of German lawyers, on the following named defendants at the time and place stated, by personally delivering to each of them a copy in the German language of each of the above-named documents:

HESS, Rudolf19October45Nuremberg
GÖRING, Hermann19October45Nuremberg
JODL, Alfred19October45Nuremberg
VON RIBBENTROP, Joachim19October45Nuremberg
KEITEL, Wilhelm19October45Nuremberg
LEY, Robert19October45Nuremberg
VON NEURATH, Constantin19October45Nuremberg
SAUCKEL, Fritz19October45Nuremberg
VON PAPEN, Franz19October45Nuremberg
DÖNITZ, Karl19October45Nuremberg
SEYSS-INQUART, Arthur19October45Nuremberg
FRANK, Hans19October45Nuremberg
ROSENBERG, Alfred19October45Nuremberg
FUNK, Walter19October45Nuremberg
FRICK, Wilhelm19October45Nuremberg
SPEER, Albert19October45Nuremberg
VON SCHIRACH, Baldur19October45Nuremberg
SCHACHT, Hjalmar19October45Nuremberg
STREICHER, Julius19October45Nuremberg
KALTENBRUNNER, Ernst19October45Nuremberg

I further certify that I have apprised each of the above-named defendants of his right to the employment and designation of counsel.

/s/A. M. S. NEAVE,
Major.

CERTIFICATE OF SERVICE ON DEFENDANT
GUSTAV KRUPP VON BOHLEN

INTERNATIONAL MILITARY TRIBUNAL

23 October 1945

Certificate to General Secretary

I certify that I have served the following documents: (1) Indictment, (2) Notice, (3) Charter of International Military Tribunal, (4) Rule 2(d) of the Rules of the International Military Tribunal, and (5) List of German Lawyers, on the following named defendant at the time and place stated, by personally delivering to him a copy in the German language of each of the above-named documents:

HERR GUSTAV KRUPP VON BOHLEN, 19 October 1945, Blühbach near Werfen, Austria.

I further certify that I have apprised the above-named defendant of his right to the employment and designation of counsel to the extent that this was possible in view of his mental condition.

At the direction of the Tribunal I have made an investigation into the state of Gustav Krupp von Bohlen’s health and have obtained medical reports on this subject which are attached hereto. (Attachments I, II, and III).

As a result of the conclusions in these reports and my own observation, I suggest that the General Secretary recommend to the Tribunal that a committee of medical officers, representing each nation, be appointed by the Tribunal to proceed to Blühbach for the purpose of giving Krupp von Bohlen a thorough examination and reporting their findings to the Tribunal.

/s/ JAMES H. ROWE, JR.

Medical Certificates Attached to

Certificate of Service on Defendant

Gustav Krupp von Bohlen

(Attachment I)

3d Battalion, Medical Section

232d Infantry Regiment

Schloss Blühbach

Bezirk Bischofshofen, Austria

6 October 1945

MEMORANDUM FOR:Capt. Norman A. Stoll, JAGD, Office U.S.
Chief of Counsel for the Prosecution of Axis Criminality
SUBJECT:Condition of Health of Mr. Gustav Krupp von Bohlen

1. Mr. Gustav Krupp von Bohlen was examined by me today, and the following findings are noticed.

2. Subject has suffered from progressive arteriosclerosis and senility since 1939. He suffered an attack of cerebral thrombosis in 1942, which resulted in a temporary facial paralysis. About a year ago he lost bladder and sphincter control.

3. At the present time he is bedridden, has to be fed and to be cared for by nurses. He has no insight into his condition or situation whatsoever and is unable to follow or keep up any conversation.

4. I do not believe that subject can be moved without serious detriment to his health or that interrogation would be of any value due to his loss of speech and complete lack of any understanding. His course will be progressively down-hill.

5. In my judgment subject is not mentally competent to stand trial in a court of justice.

/s/WALTER PICK
Capt., MC, 232d Infantry

(Attachment II)

Blühbach, 13 September 1945

Otto Gerke, M.D.

Professor

Bad Gastein

Medical Certificate

Dr. Gustav Krupp von Bohlen und Halbach, born 7 August 1870, has been treated by me for many years; he was examined by me today. Since 1930 there has existed an arthrosis of the spine, as well as a hypotony which as far back as 1932 caused fainting fits. Since 1937 a rapidly increasing sclerosis of the vessels was to be noted which occurred in particular in the vessels of the brain.

In 1939 a fleeting paralysis of the eye muscles made its appearance and passing disturbances of speech occured. In the spring of 1942, the patient suffered an apoplectic stroke on the left side, with facialisparosis and a distinct increase of reflexes on the entire right side. The cerebral disturbances of circulation have gradually grown worse despite treatments with medicaments. They manifested themselves first in the form of impaired memory and will power, indecision and general deterioration of intellectual faculties and increased to the point of definite depressions accompanied by apoplectic numbness and involuntary crying. There developed an acute arteriosclerotic dementia.

In an automobile accident in December, 1944, the patient suffered a fracture of the nose bone and the skull basis and had to be treated for eight days in the Schwarzach Hospital at St. Veith. Since that time, his physical condition has also deteriorated, and several apoplectic fits have occurred as a consequence of multiple softenings of the brain with heart symptoms and striary syndroms.

The patient is by now completely apathetic and disorientated. There exists a motoric aphasy. Owing to rigor of the muscles, he can neither walk nor stand up. For approximately the last six months he has not been able to hold urine and stool. He is completely helpless even in the simplest matters. There can be traced an advanced emphysen in the lungs and a distinct myocardic impairment on the basis of a coronary sclerosis of the heart. An enlargement of the prostate gland has existed for years.

The prognosis of the condition is definitely unfavorable, an improvement is not to be expected. Herr Von Bohlen is in no way competent or capable of being interrogated.

/s/ DR. GERKE

(Attachment III)

HEADQUARTERS

42d DIVISION ARTILLERY

APO 411 US ARMY

20 October 1945

SUBJECT:Physical Examination of GUSTAV KRUPP VON BOHLEN UND HALBACH
TO:General Secretary, International Military Tribunal, APO 403

1. The following history and physical examination of Herr Gustav Krupp von Bohlen und Halbach is submitted in compliance with a request from Mr. James Rowe. The history was obtained from Frau Von Bohlen and from the valet. The information was obtained on the 19th and 20th of October 1945 when the patient was examined at his home at Blühbach, Austria.

2. HISTORY OF PRESENT ILLNESS: Herr Von Bohlen has been developing arteriosclerosis since 1932 according to his physician’s reports. It is believed that he first had a very light apoplectic stroke in 1937. This was very transitory in nature and cleared without noticeable aftereffects except for some loss of the acuteness of his thought processes and memory which his family noticed. In the latter part of November 1944 he had a spell of unconsciousness, fell and fractured a finger and was unable to walk alone for about 24 hours. On 15 December 1944, he was in an automobile accident and received a severe blow and laceration of the forehead. He was hospitalized as a result of this accident until the first week of February 1945, at which time he returned home. Following this he was able to walk only with assistance and he was unable to make coherent statements. He continued to have light strokes and since March has been unable to walk even with help, and his ability to speak has gradually decreased until at the present time he is able only to speak an occasional single word. Also since leaving the hospital he has had no control of the bowels or bladder and during the past three months has given no evidence of recognizing various members of his family or close acquaintances.

3. PHYSICAL EXAMINATION:

GENERAL: The patient is an emaciated white male of 76 years of age who is unable to speak or to cooperate in his own examination, and appears to have no realization of what is going on about him.

SKIN: Scar 2 inches long extending across the forehead and downward between the eyes and across the bridge of the nose.

The skin of the groin is macerated bilaterally as a result of being constantly moistened with urine.

EYES, EARS, NOSE AND THROAT: No marked abnormalities.

LUNGS: Hyper-resonant throughout with moderate enlargement of the chest cage suggesting the presence of mild emphysema.

CARDIOVASCULAR SYSTEM: Apex of heart palpable at a point 1 cm medial to the left mid-clavicular line. No evidence of right heart enlargement could be detected. Pulse 80. Blood pressure 130/75. Pulse full and regular except for an occasional skipped beat. The distal palpable arteries in the wrist and ankles were markedly sclerotic.

MUSCULO-SKELETAL SYSTEM: Both legs and arms were slowly moved by the patient although all movements of the extremities were associated with moderate spasticity. The patient was unable to stand alone or walk when he was held upright.

NEUROLOGICAL SYSTEM: Pupillary reaction to light normal. Deep tendon reflexes in arms and legs were normal. Normal reaction to plantar stimulation.

GENITO-URINARY SYSTEM: Incontinence of urine was noted at the time of examination. Genitalia appeared normal. A prostatic examination was not made.

GASTRO-INTESTINAL SYSTEM: Abdominal examination was normal. Incontinence of the bowels was noted at the time of the examination.

4. IMPRESSION AND PROGNOSIS:

It is the impression of the undersigned that this man is suffering from far advanced generalized arteriosclerosis which is progressive and that he has already suffered from repeated small apoplectic strokes. It is believed that this condition has already developed to the point where this man has lost all capacity for memory, reasoning or understanding of statements made to him and that transporting or doing anything which might excite him might endanger his life.

/s/PAUL F. CHESNUT
Capt., MC
Surgeon.