Presiding Judge Beals: You may be seated and we will hear from the prosecution, Brigadier General Telford Taylor.
Brigadier General Taylor: Your Honor, the counsel for the defense who has just spoken is thoroughly familiar with the procedures used in the prior case. The prosecution in this case plans to follow the same procedures and give the defense counsel the same opportunities and, if possible, more. The Defense Information Center, which is the place where the documents have in the past been made available, will be supplied in advance with copies of the documents on which our evidence is based. I would suggest, your Honor, that after all counsel for the defense are here that it would be most useful if there be a meeting between representatives of the prosecution and the defense so that procedures can be developed. But at the moment only half of the counsel for the defense are here and it would be economical if these matters could be arranged after they are all present.
Dr. Servatius: Your Honor, may I ask one question? May I add one thing, that the documents be given to us in German. In the previous trial, there was difficulty at the beginning because we got them in English.
Presiding Judge Beals: I believe if counsel for the defense will refer to the rules promulgated by this Tribunal on 2 November 1946, you will see that a requirement is made that all such matters be submitted in a language that is understood by each of the defendants.
Dr. Servatius: Yes, but for technical reasons that was not always done. There were great difficulties. The conferences with the prosecution will make it possible to eliminate the difficulties. If it is not possible, I will address the Court again.
Presiding Judge Beals: Do you have anything further, General Taylor?
Brigadier General Taylor: Your Honor, the prosecution merely wishes to note that it has filed with the Secretary General a motion to amend the indictment in paragraph 8 of count two and paragraph 13 of count three, by changing 1943 to 1944. The motion has been filed with the Secretary General and copies of the motion are in German and are in the hands of defense counsel.
Presiding Judge Beals: How many of the defendants are concerned with the amendment to the indictment? My point is that if the—
Mr. McHaney: If the Tribunal please, the amendment occurs first in paragraph 8 on page 14 of the indictment and it affects only two of the defendants; namely, Blome and Rudolf Brandt. The amendment is also made in paragraph 13 because the same facts are there charged as a crime against humanity. In paragraph 13 only the same two defendants are involved; that is, defendants Blome and Rudolf Brandt.
Presiding Judge Beals: What are the particulars of the amendment?