[At this point the other defendants were asked similar questions. Each defendant indicated that he was represented by counsel, and each pleaded “Not guilty” to the charges of the indictment against him.]
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Presiding Judge Marshall: The pleas of the defendants will be entered by the Secretary General in the records of the Tribunal.
Military Tribunal will be at recess until Wednesday, 5 March 1947, at 9:30 o’clock a.m., at which time the trial of Case 3 will begin.
The Marshal: Military Tribunal III will be at recess until Wednesday, 5 March 1947, at 9:30 o’clock.
Dr. Schilf: I wish to make a request. I wish to ask the prosecution, in due time before the opening of the trial, to make their document books available to the defendants and to their counsel.
We make the following objections against the indictment: Ordinance No. 7, by the Military Government, says, in article IV under paragraph (a), that the indictment is to set forth the counts simply, distinctly, and in sufficient detail, and that the defendants should be instructed on the details of the charges made against them.
The defendants, or rather the two clients I represent, failed to find certain details in the indictment. With the exception of possibly the charge in regard to the Night and Fog Decree, no legal decree is referred to which could possibly be considered illegal.
In that manner the preparation by the defendants is frustrated because the indictment, according to our opinion, is conceived much too generally, and the requirements of article IV of Ordinance No. 7 just referred to by me are not fulfilled. This could be remedied in that the prosecution, in due time, before the opening of the trial, makes the document books available to the defense counsel.
That is what I should like to ask for on behalf of my two clients.