Presiding Judge Marshall: Does the prosecution desire to make any comment at this time upon the point raised?
Mr. LaFollette: Unfortunately, and it is no fault of the defendants’ counsel, I didn’t hear what was coming through the phones. As I understand two points were raised—the fact that no documents were filed with defendants’ counsel in their room. Those will be furnished. Secondly, with reference to the objection raised to the indictment, I believe the rules require the objections should be reduced to writing. In any event I think it would serve the purpose if the objection to the indictment was reduced to writing, and then Your Honors would pick such time as you see fit to dispose of the motion, and we can argue it at that time more intelligently than we could at this moment. I do not desire to take advantage of technicalities, but I hope the record will note that defense counsel have duly raised the objection, and at such time as it is to be disposed of it will be reduced to writing before it is disposed of. I think it only reasonable that it be reduced to writing.
Presiding Judge Marshall: The defendants’ counsel will be required to reduce certain matters to writing, as requested by the prosecution, and it is possible that we will want to dispose of that matter between now and 5 March if it is agreeable to counsel on both sides.
Dr. Koessl: I have already submitted the same request in writing.
Mr. LaFollette: If that has been submitted in writing I think Your Honors have indicated we may, within a reasonable time after you have seen it, wish to dispose of that prior to 5 March, or on 5 March, whichever Your Honors shall see fit. That will be satisfactory to us.
Presiding Judge Marshall: I suggest, in that connection, after you have seen the written matter that you advise the Tribunal when we are not in session as to your wishes.
Mr. LaFollette: I shall be glad to do that, Judge. I assume we will wait and take not only the objections on behalf of the defendant Rothaug, but also any objections which have been filed by counsel on behalf of any other defendants. After they have been submitted and I have had an opportunity to see them, I will confer with defense counsel, and perhaps after that we will have time to confer with the Court as to the time of disposition.
Presiding Judge Marshall: Are there any other counsel representing defendants who desire to present any matters at this time? If not, the order for recess will stand.
(The Tribunal adjourned until 0930 hours, 5 March 1947.)