In my own interests I consider it essential that such an examination be authorized by the Tribunal. I emphasize particularly that this is not a formal motion: “It is not a motion but a proposal.” [Note: These words were spoken in English.] I deem it necessary as a precaution in my own interests, since my client does not desire an examination of this sort, and is of the opinion that he is mentally completely normal. I myself cannot determine that; it must be decided by a psychiatrist.
I, therefore, ask the Tribunal to consider this proposal, and, if the suggestion, under the circumstances, appears both requisite and necessary, to choose and appoint a competent expert to conduct the examination.
That is what I wished to say before the opening of the proceedings.
THE PRESIDENT: One moment. It appears to the Tribunal that such suggestions as you have now made, ought to be in the form of a formal motion or application and that it ought to be in writing and that if, as you say, the Defendant Streicher does not wish it or is unwilling that such an examination should be made, then your application ought to state in writing that the Defendant Streicher refuses to sign the application.
If you wish to make such a motion you are at liberty to make it, in writing.
DR. MARX: Mr. President, may I be allowed to say briefly that it is precisely because the defendant does object to my submitting such an application that I feel obliged to make this request here publicly, and inform the Tribunal that I am bound by my client’s attitude and therefore not in a position to submit this suggestion in writing. Without my client’s permission I cannot make this suggestion in writing, and I am consequently forced to convey it to the Tribunal verbally, since I myself consider it necessary as a precaution in my own interest.
THE PRESIDENT: But you understand from what I say to you, that if you wish to make this suggestion, you must make the motion in writing and you can, on that writing, state that the Defendant Streicher is not prepared to sign the application.
DR. MARX: Thank you, Mr. President, for your statement; I shall not fail to act, as you suggest.
THE PRESIDENT: Do the Chief Prosecutors wish to make any statement?
COLONEL ROBERT G. STOREY (Executive Trial Counsel for the United States): May it please the Court: