ORDERS CONSTITUTING THE TRIBUNAL
OFFICE OF MILITARY GOVERNMENT FOR GERMANY (U.S.)
APO 472
General Orders
No. 11
14 February 1947
Pursuant to Military Government Ordinance No. 7
1. Effective as of 13 February 1947, pursuant to Military Government Ordinance No. 7, 24 October 1946, entitled “Organization and Powers of Certain Military Tribunals,” there is hereby constituted, Military Tribunal III.
2. The following are designated as members of Military Tribunal III:
| Carrington T. Marshall | Presiding Judge |
| James T. Brand | Judge |
| Mallory B. Blair | Judge |
| Justin William Harding[3] | Alternate Judge |
3. The Tribunal shall convene at Nurnberg, Germany, to hear such cases as may be filed by the Chief of Counsel for War Crimes or by his duly designated representative.
By Command of Lieutenant General Clay:
- C. K. Gailey
- Brigadier General, GSC
- Chief of Staff
Official:
A. D. Van Orsdel
Lieutenant Colonel, AGD
Acting Adjutant General
Seal:
Office of Military Government for Germany (US)
Official
DISTRIBUTION: “B” plus
2—AG MRU, USFET
HEADQUARTERS, EUROPEAN COMMAND
General Orders
No. 69
27 June 1947
Pursuant to Military Government Ordinance No. 7
1. Confirming verbal order Commander-in-Chief, European Command, 19 June 1947, and pursuant to Military Government Ordinance No. 7, 24 October 1946, entitled “Organization and Powers of Certain Military Tribunals”, James T. Brand is appointed Presiding Judge of Military Tribunal III vice Carrington T. Marshall, relieved because of illness.
2. Confirming verbal order Commander-in-Chief, European Command, 19 June 1947, Justin William Harding,[4] Alternate Judge, is appointed Judge for Military Tribunal III.
By Command of General Clay:
- C. R. Huebner
- Lieutenant General, GSC
- Chief of Staff
Official:
George E. Norton, Jr.
Lieutenant Colonel, AGD
Asst. Adjutant General
Seal: Official Headquarters
European Command
DISTRIBUTION: “B” plus
2—AG, MRU, EUCOM
2—The Adjutant General
War Department
Attn: Operations Branch AG AO-I
1—OPO Reports Section
800—Hq EUCOM
TRIBUNAL III—CASE THREE
James T. Brand; Carrington T. Marshall, presiding; Mallory P. Blair; Justin W. Harding, alternate. [Presiding Judge Marshall was obliged to retire because of illness at which time Judge Brand became presiding judge and Alternate Judge Harding became a member judge.
The defendants in the dock. Left to right: front row, Franz Schlegelberger, Herbert Klemm, Curt Rothenberger, Ernst Lautz, Wolfgang Mettgenberg, Wilhelm Von Ammon, Guenther Joel, Oswald Rothaug, Paul Barnickel, Hans Petersen, Guenther Nebelung. Back row, Hermann Cuhorst, Rudolf Oeschey, and Joseph Altstoetter. In front of defendants’ dock are defense counsel. Interpreters are behind glass partition at upper right.
Charles M. LaFollette, Deputy Chief Counsel at the reading of the indictment.
Defendant Hermann Cuhorst, on the witness stand, conferring with defense counsel.
MEMBERS OF THE TRIBUNAL[5]
Judge Carrington T. Marshall, Presiding Judge (to 19 June 1947).
Formerly Chief Justice of the Supreme Court of the State of Ohio.
Judge James T. Brand, Member (to 19 June 1947), and Presiding Judge (from 19 June 1947).
Justice of the Supreme Court of the State of Oregon.
Judge Mallory B. Blair, Member.
Associate Justice of the Court of Civil Appeals for the Third District of the State of Texas.
Judge Justin W. Harding, Alternate Member (to 19 June 1947), and Member (from 19 June 1947).
Formerly Assistant Attorney General of the State of Ohio and District Judge of the First Division of the Territory of Alaska.
ASSISTANT SECRETARIES GENERAL
| Arthur P. Nesbit | From 6 March 1947 to 6 May 1947. |
| C. G. Willsie | From 9 May 1947 to 4 December 1947. |