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Medical Case Transcript
5 December 1946

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Official Transcript of the American Military Tribunal in the matter of the United States of America, against Karl Brandt, et al, defendants, sitting at Nurnberg, Germany, on 5 December 1946, 1015--1200 hours, Justice Beal[s] presiding.

THE PRESIDENT [Beals]: Members of Military Tribunal No. 1 meet this morning informally in chambers to hear arguments upon the motion of certain defense counsel for a continuance of case No. 1 pending before the Tribunal Counsel will be allowed thirty minutes, on each side, to present their arguments. Two counsels for the defendants may argue upon the motion. The defense counsel will open and close the arguments, and the defendants may divide their thirty minutes between the opening and closing as they please. You may proceed with the arguments upon the motion.

DR. SERVATIUS: The counsel here for the defendants presents an application for the postponement of the beginning of the trial. They are the counsel who happened to be present at the time, who drew up the application, and I am convinced that most of my colleagues who are not present also approve.

There are technical reasons which lead to this application. It is the concern which we have as defense counsel that our witnesses cannot be here in time since we are not able to make our application soon enough to have the witnesses brought here. The reason for this is that the material which can give us occasion to call a witness has not been in our hands long enough so that we can work on it. Only on Saturday afternoon were documents available, and others came in the next few days. For many of the defense counsel it is not possible with these few documents, in a short time, to speak to all of the defendants. Especially we still lack a list of the documents so that we can be able to select which documents are significant for each individual. Therefore, we have to look into the documents themselves to determine which are important; this takes hours. During this time other defense counsel, of course, cannot obtain information about these documents. In my application I stated the consequences of this condition.

Last reviewed: February 2003
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