“Pursuant to Military Government Ordinance No. 7
“1. Effective as of 19 June 1947, 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. Justin Woodward Harding, Alternate Judge, is appointed Judge for Military Tribunal III.
“By command of GENERAL CLAY:
- C. K. GAILEY
- Brigadier General, GSC
- Chief of Staff”
The trial has been continued before the Tribunal as thus reconstituted. The evidence has been submitted, final arguments of counsel have been concluded, and the Tribunal has heard a personal statement from each defendant who desired to address it.
In rendering this judgment it should be said that the case against the defendants is chiefly based upon captured German documents, the authenticity of which is unchallenged.
The indictment contains four counts, as follows:
(1) Conspiracy to commit war crimes and crimes against humanity. The charge embraces the period between January 1933 and April 1945.
(2) War crimes, to wit: violations of the laws and customs of war, alleged to have been committed between September 1939 and April 1945.