We therefore have been on the look-out for such a physician all the time, since the ranking member of the biochemical physicians. Dr. Feichtinger of Munich, cannot be considered for this task, owing to his advanced age.
"Gruppenfuehrer Dr. Grawitz, who takes great interest in the completion of the experiments, immediately took care of my suggestions, to assign Dr. Kiesswetter to Dachau; he is the bio-chemical physician of Magdeburg, who has applied bio-chemical treatment exclusively since 14 years. Dr Kiesswetter, to all probability, will take up duties at Dachau for 6 weeks, beginning 1 October, provided the Medical Chamber will give Dr. Kiesswetter the necessary leave. The Gruppenfuegrer told me that he would use his entire influence with the Medical Chamber in order to get Dr. Kiesswetter for this important research work.
"I Think that a decision for further steps to he taken can only be made sifter the work of Dr. Kiesswetter at Dachau is taking full offset. Inc fact satisfied mo most, that, in view of certain failures which wore registered at Dachau lately, Gruppenfuehrer Dr. Grawitz has determined to draw up thin s from a purely scientific bases, in order to thrust a cleaver first of all into the matter of the mineral salt therapy. I am inclined to think that this idea will be accepted with general satisfaction, because there could be no-better opportunity to carry it through, than just in Dachau.
"Having thus found the key to the problem, that is, the cooperation of a physician well versed in this branch of knowledge, I believe that success is assured.
"I should be much obliged to you if you would sometimes inform the Reichsfuehrer about the state of affairs."
"Heil Hitler "Yours respectfully "Signature:
Th. Laue" On pages 583 and 584 of the transcript the witness Stoerr testified that case histories and fever charts had been compiled at Dachau on each innate subjected to these phlegmon experiments.
Upon being. asked where these case histories were now, he said that he did not know but that they might have been taken to Berlin by different visitors to the camp and that one of the visitors was Dr. Grawitz.
I now offer into evidence Document Number NO-994, as Prosecution Exhibit 251. This begins on page 63 of my document book, Your Honors. It should follow the previous document regardless of the pagination in your document book This document was found by the Prosecution among the personal effects of Dr. Grawitz in his home in Berlin. It consists of a case history of one Phlegmon experimentee, together with fever charts. I shall now real this case history which shows clearly what this one experimentee underwent:
"Diagnosis Artificial Abscess on Left Thigh and Right Upper Arm.
"Natorski Stefan, born 21 January 1909, Sch P 30300 "Admission:
10 November 1942...."
Your Honors will note that on pa e 72 of this document book, that is near the end of the case history at the beginning of the fever charts, the last date is April 12, 1943, showing the duration of the sufferings of this one experimentee "Case History:
"Childhood diseases not remembered.
"1941 Typhus.
"Finding s:
"33-year old patient with reduced resistance.
Head and neck; negative, Chost:
no indication of any active specific pulmonary process.
Heart: negative.
"Abdomen: soft, no sensitiveness.
Extremities: negative Temperature:
35, 8, Pulse: 60 Weight:
51 kilograms. Height: 1.63 meters.
"Course 11.
11.12 At 1800 one cubic centimeter pus is injicted into the left tigh right next to the abductor channel; that pus, called 'Purclin' contains, as microscopically proven, a great number of streptococci chains.
Later on in the evening the patient complained about severe headaches and a pulling pain in the left thigh.
12.11.12 Around the injection on the left thigh a slight swelling, together with tenderness, a pears.
13.11.12 Continued swelling on the left thigh especially on the inside. Pains mainly when moving the left leg; sometimes shocking pain in left thigh even if in quiet position. Reddishness of the injection area in size of a palm.
14.11.42 No change.
15.11.42 The whole left thigh greatly swollen. Pressure sensitiveness and pain grew in extent. Persisting headaches.
16.11.12 On the injection area on the left thigh a pustule of the size of a pea appears. Otherwise no changes on the left thigh. Patient complains about severe shocking pains.
17.11.12 The whole left thigh remains greatly swollen. On some small areas around the injection area reddishness appears. A penny-sized, pus filled pustule appeared over the skin puncture. Strong pressure sensitiveness on the whole inside of left thigh.
18.11.12 No changes.
19.11.12 Superficially no marked changes on left thigh. Swelling grows toward the knee. The patient complains of severe shocking pains. The left leg to be immobilized today in the Volkmann splint.
Puncture on the left inside of tho thigh brought about 14 cubic centimeters of syrupy pus, 3 cubic centimeters of which were immediately injected in the right arm intravenously.
2-.11.42 Swelling and slight reddening of the infection area on loft thigh remained. Patient fools strong, shocking pains.
21.11.42 Pictures, Slightly off middle, in tho middle of the loft thigh, we find a bumpy growth with mazeration of the epidermis and reddishness the size of a half dollar piece.
From the old puncture syrupy pus oozes, Tho left thigh is swollen in its entire circumference Under other anesthesia an incision is made in the middle of the inside of tho thigh; further penetration was performed with a surgical instrument.
Approximately 250 cubic centimeters of yellow syrupy pus was found. On the back side of the loft thigh a counter incision was made; both incisions were connected with rubber catleters to enable a pus drainage. Afterwards dry dressing and Volkmann splint wore applied.
22.11.42 The swelling on the loft thigh recoded slightly. Slight drainage of brown pus mixed with blood oozes from the incisions. Pressure sensitiveness on the loft thigh remains only in the vicinity of tho incisions. Right lower arm is swollen and pressure sensitive in the lower half, especially on the inside where it shows slight reddishness too.
Therapy Leg bath, Rivanol flushing, drainage, dry dressing, Volkmann splint.
23.11.42 Continued slight receding of the swelling on left thigh. The incisions emitted freely yellow-brown pus mixed with blood. Necrotic tissue is likewise discharged. The right upper arm remains swollen in the lower half; is slightly reddened and pressure sensitive.
Therapy as on previous day.
24.11.42 Superficially no changes on left thigh. Slight discharge of pus from the incisions. The patient complains about pains in the right upper arm. Wet compress is being applied.
25.11.42 Slight swelling of loft thigh still perceptible and roaches down to the knee. On pressure, thin, yellow-green putrescent pus discharges from the incision. Small parts of necrotic tissue are still being discharged likewise.
Therapy: Leg bath Rivanol flushing, drains go, (Rubber catheters arm to be shortened today), dry dressing, Volkmann splint.
23.11.42 The incision on the left thigh discharges some pus. The right upper arm remains swollen and reddened. Fluctuation is not yet tangible. Not compresses to the right upper arm are still being applied; in Order to avoid decubitus the patient gets a massage of his back with Philonin ointment. To patient co plains about headaches. Start of internal therapy. The patient gets today 6 grams Tibatim intravenously, 6 grams Albucid orally, 3 x 1 cubic centimeters Cardiazol Sympatel subcutAneously.
27.11.42 Left thigh and knee remain slightly swollen. Pressure sensitivity around the wound. Only slight, yellowbrown pussy discharge from the incision. The swelling on the right upper arm recoded slightly; the patient feels loss pain on this spot. General feeling of the patient seems to have improved in the last couple of days, but patient complains about insomnia and loss of appetite.
Therapy as on previous day.
28.11.42 Superficially no marked changes of left thigh. Yellow-brown pus drains from incisions. On the lower end of the right upper arm an egg sized swelling appears on the bonding surface; skin is reddened, Light fluctuation of the swelling is noticeable. Under Chler-ethyl anesthesia incision is being made. Syrupy pus drains freely. Iodoferm gauze strip and rubber catheter arc introduced- afterwards dry dressing. The whole left arm is immobilized. Therapy 12 grams Tibatim intravenously, 6 grams Albucid orally, and 3 x 1 cubic centimeters Cardiazol-Synpatol subcutaneously.
26.11.42 Left thigh continues to remain slightly swollen. Slight discharge of brown pus from the incision. The swelling of the right upper arm receded slightly. The incision drains freely heavy reddish brown pus. The epidermis of the size of a palm is injected around the wound.
Therapy: On the left thigh flushing of the wound with Rivanol, drainage, dry dressing, Volkmann splint. Internally as on previous day.
3-.11.42 he change. Therapy as on previous days.
1.12.42 Loft thigh only slightly swollen but heavy drainage of green-yellow putrascent pus from the incision. Right upper am only slightly swollen. The wound discharges but very little thick yellow pus. No pains, no pressure sensitivity.
Patient row, ins slightly weakened.
Therapy: Externally: Left thigh and right upper am as on previous day.
Internally: 12 grams Tibatim intravenously and grans Albucid orally.
2.12.42 No change. Therapy: As on previous day.
3.12.42 Swelling on left thigh regains. The incision on the inside drains after sounding with the Kornzange heavily dirty brown, thin pus, mixed with blood and of foul odor. The wound on the right upper am drains only slightly. For quicker epitheliazation cod liver oil ointment is applied. Therapy: Otherwise as on previous day.
"4.12.42 Heavy drainage of pus from the incisions on left thigh otherwise no marked changes. Right upper arm shows still heavy injection of the epidermis in the vicinity of the incision.
Therapy: Externally: as on previous day.
Internally: 6 g. Tibetin i.v. and 6 g. Albucid orally, 3 x 1 cc Cardiazol-Sympatol s.c.
.5.12.42 During the night suddenly heavy bleeding from the incision of left thigh. No stoppage could be achieved with dressings.
The wound on the arm is without pus and drains only slightly. Epitheliazaticn starts from the edges.
Therapy: Internally: 12 g. Albucid orally, 3 x 1 cc Cardiazol-Syapatol s.c.
Externally: Tampons flushing of the wounds, dry dressing splint.
6.12.42 Again heavy bleeding from the incision on left thigh. Under ether anesthesia the vena saphena magna is located through the old incision and tied up. Thus stoppage of bleeding was achieved. afterwards introduction of a drain, partial tampenation, dry dressing, splint.
Internal Therapy: As on previous day.
"7.12.42 Marked swelling of the left thigh, in the middle, as compared to yesterday. The left knee shows slight swelling. No definite improvement of general feeling. Little sleep, no appetite. The wounds on the right upper arm heal well.
Therapy: Externally drainage, tamponation, dry dressing, Volkmann splint.
Internally: As on previous day.
8.12.42 Externally no changes on left thigh. The wound on the inside still open. The patient complains about pains in the left knee, which shows a strong swelling. The left calf is swollen likewise in its upper half Therapy:
Externally on left thigh, flushing of the wound with Rivanol, drainage, tamponation, dry dressing. As of today only dry dressing to be applied on right upper army Internally: As on previous day.
9.12.42 Slight pus discharge from the frontal incision of left thigh. The swelling of the left knee disappeared almost completely; pains in the knee and calf improved likewise.
Therapy: Externally: As on previous day.
Internally: As on previous day with 20 mg Cortiron i.m.
10.12.k2 No external changes on left thigh. Slight pussy discharge only from incision.
Therapy: Externally: Flushing of the wound, with Rivanol, dry dressing, splint. The wounds arc now without insertion.
Internally: 12 g. Albucid orally, 3 x 1 cc CardiAzol-Sympatol s.c. 20 mg Cortiron i.m.
11.12.42 No change. Therapy as on previous day.
12.12.42 No change. Therapy as on previous day.
13.12.42 Left thigh shows still slight swelling in the middle. Little drainage today from the incision. The patient complains about slight pains in left leg directly below the knee. The wound on the right upper arm is completely healed. The patient remains weak. The temperature remains constant, almost normal; pulse still irregular, and at times, increased rate.
Therapy: Externally: Dry dressing and splint on the left thigh.
Internally: 12 g. Albucid orally, 20 mg Cortiron i.m.
14.12.42 The incision on loft side drained today only slightly. The patient again complains about slight pains below the knee. The knee itself is slightly swollen on the inside.
Therapy: As on previous day.
18.12.42 Pictures:
The incisions of the left thigh show but small secretions every day.
Continued epitheliazation and nice granulation on the edges of the wound. Dry dressings are applied now only every other day. Therapy continues externally with dry dressings and volkmann splint, Internally: 12 g. Albucid orally, 3x15 dr. Cardiazol, 20 mg. Cortiron i.m.
19.12.42 A slight swelling is noticeable on the left leg; it stretches from hand-width above the knee all the way down to the ankle. On the in and outside of the left thigh about a hand-width above the knee, slight pressure sensitivity was felt. The incisions on the left thigh are free of pus.
No special complaints.
Therapy: As on previous day.
20.l2.42 No changes.
Therapy: Externally: As on previous day. Internally: 12 g. Albucid orally, 3 x 1 cc Cardinzol-Sympatol s.c., 20 mg. Crotiron i.m.
21.12.42 Only very slight swelling noticeable on left thigh. No complaints. The incisions are free of pus, and as of today, only every ether day dressed with boric acid ointment.
The volkmann splint is to be remove. Internal therapy as on previous day.
29.12.42 During the last couple cf days on marked changes were noticed on the left thigh. On the wounds, free cf pus, prolific granulation is noticed. The patient still feels rather weak. He followed during the last couple cf days the therapy as outlined on 20 December 1942. A slight temperature increase was noticed during the evening hours cf the 26, 27, and 28.
30.12.12 The patient is free of fever. No swelling in the left leg. The wounds of the incisions are clean and dry. Some parts show prolific granulation. No special complaints. The patient feels remarkably better.
Therapy: Internally: 20 g. Tibatim i. v., 20 mg Cortiron i. a., 3 x 13 dr. Cardiazol.
1.1.43 No change.
Therapy: 10 g. Tibatin i.v., 20 mg Cortiron i.v., 3 x 15 dr. Cardiazol.
12.1.43 During the last 12 days the wound's on the left thigh healed completely. The wound is without dressing. No swelling noticeable on the left leg. The patient feels well and spends a couple of hours every day out of bed. Temperature and pulse are fairly normal.
"18.1.43 The status of the patient continues to improve remarkably during the last couple of days. No complaints whatsoever. We is to be released from the hospital to light duty as of today.
Summary After injection with Purelin an abscess farmed on the left thigh.
Likewise forced an abscess on the right upper arm after an i.v. Purelin injection. Both abscesses were opened. On the left thigh large and deep-seated necreses developed. Blood vessels were destroyed. There were strong hemorrhages; ligation of the vena saphena magna had to be performed to bring about a stoppage. The wounds continued to discharge pus for several weeks. Internally large doses of albucid and Tib atin were administered.
The cleaning of the incisions progressed comparatively quickly as compared to that of biochemically treated patients. The patient recovered fully and is again available for work.
Sulfenamide was given during the course of the diseases as follows:
Tibatin i.v. 124 g Albucid orally 336 g "Appendix Several weeks after discharge the patient was readmitted.
Diagnosis: Ikterus 13.
2.43 Urine: Character opal, bilirubin; positive, some leucocytes, some epithelial cells, bact. +, mucin, oxalate +.
17.2.43 Bilirubin in blood serum 1.6 mg %, Direct examination negative.
23.2.43 Bilirubin in blood serum 2.63 %.
3.3.43 Bilirubin in blood serum 1.3 mg %.
15.3.43 Takata-Ara positive, Gross comparative reaction to T.A. Bilirubin in bl d serum 4.0 mg %. There is a distinct swelling, of the liver without pressure sensitiveness, and strong yellowish discoloration on the whole body. No special comploints. Temperature and pulse remain steadily normal.
30.3.43 Bilirubin in blood serum 1.5 mg %, Takata-Ara +.
6.4.43 Bilirubin in blood serum 3.45 mg %. The patient gets insulin glucose and is put on a diet.
12.4.43 The yellow discoloration f the skin aim st completely disappears. There is but a slight discoloration of the sclera. General condition is good."
MR. SHILLER: That is the case history of a fortunate experimentee who recovered. My associate, Mr. Hardy, will now present the evidence of the LOST or mustard as experiments.
MR. HARDY: At this time the Tribunal should have Document Book 13 in its possession. Number 12 deals with the Typhus Experiments. We will deviate from the normal course and take this up at this time.
Prosecution charges in its indictment defendants Karl Brandt, Handloser, Blome, Rostock, Gebhardt, Rudolf Brandt, and Sievers with special responsibility for and participation in the LOST experiments. These experiments were conducted between September 1939 and April 1945? at Sachsenhausen, Natzweiler, and other concentration camps for the benefit of the German Armed forces to investigate the most effective treatment of wounds caused by LOST gas. LOST gas is a poisonous gas commonly known as mustard gas. We shall see in a moment that these experiments, as many of the others, were the direct cause of death.
I refer to page number one.
TIE PRESIDENT: Before we proceed with the reading of these documents the Tribunal will recess.
DR. SERVATIUS: Mr. President, the document NO-372, the affidavit cf Rudolf Brandt which is to be presented, has been sworn, like a series of other documents and affidavits, before a United States civilian. It cannot be seen if that person is entitled to give an oath. In the same document book, under NO-590, an affidavit has been sworn to before a Canadian civilian, and the affidavit NO-881 has been sworn to before a neutral civilian.
Now, it should be shown that all these persons are entitled to give an oath because otherwise the oath is not properly administered. Therefore, because of the lack of proper information I object to the presentation of this document.
MR. HARDY: May it please the Tribunal, in answer to this objection, I wish to state that the problem exists here in that the employment of translators is one which requires employment of French civilians, Swedish or Swiss civilians in order to have your documents properly translated.
In the first case I am not familiar with the name Standing, but I assume he is one of the Swiss civilians working here in the translation section, and he is duly authorized by the Chief of the section, Mr. Millard, to certify a translation.
How, it will be absolutely impossible for anyone, other than the original translator to certify a German document or a French document, whichever the case may be, to be the official translation, other than the translator himself. That case exists throughout. However, to relieve Dr. Servatius, in connection with the second document he mentions, NO-990, the Prosecution will not read that here at this time inasmuch as the witness, Ferdinand Hell, himself will take the witness stand tomorrow. We have been able to brind him here to Nurnberg and due to that fact we will not read that affidavit into evidence.
However, the others are substantially correct to satisfy the Director cf the Language Division and arc official employees f that division. Mr. Favarger, in the last document, is an employee of the Prosecution, a French civilian, and he has conversant knowledge of the French and English languages.
THE PRESIDENT: If I understand the objection of counsel, it is not to the certification of the translation but to the person who purported to administer the oath to the witness. The first document, Number NO-372, signed Rudolf Brandt, was apparently sworn to by Walter H. Rapp, and no authority for Mr. Rapp's administering an oath appears on the document. If I understand counsel's objection, it is to that point.
MR. HARDY: Well, again on that point, sir, we have Walter H. Rapp, Chief of the Evidence Division of Office Chief cf Counsel, duly appointed to act in that capacity by the Chief of Counsel. We also have, in that last affidavit, Favarger, who is an employee of the Office of Chief of Counsel, a nuetral civilian, who is authorized as an investigator as well as a translator and research analyst to take trips on behalf of the Office of Chief of Counsel, and on such trip he obtained this affidavit.
THE PRESIDENT: In that connection, in the first place, Mr. Rapp's title does not appear after his name when he administered the oath, and in the second place the Tribunal is not advised, so far as I know, of the authority of one holding Mr. Rapp's position to administer an oath. Certainly when anyone signs an affidavit as having been the person administering the oath, the title of his office which empowers him to administer that oath should appear upon the face of the affidavit.
MR. HARDY: That is quite correct, your Honor, If you want, I will have these affidavits rectified to meet with your request. However, I don't believe we have followed that throughout in the other affidavits that we have presented. I am not sure, I think we have followed this system continually here.
THE PRESIDENT: This is the first time the matter has been called to the attention of the Tribunal by any objection on the part f counsel for the defense.
MR. HARDY: Well, as I say, I can have the documents altered by Hr. Rapp and Hr. Favarger if the Tribunal so requests.
THE PRESIDENT: Have you any other affidavits that arc properly verified by the person administering the oath, which you can proceed to read while these arc being corrected?
MR. HARDY: No, I am sorry, your Honor, I don't. This will interrupt the continuity of this presentation, without reading at this tine the affidavit of Rudolf Brandt, and in the event that the Tribunal so sees, we would request on adjournment until tomorrow morning.
THE PRESIDENT: You are prepared to show proper authority on the part of one holding Mr. Rapp's position and of the ether persons who have administered these oaths to lawfully under the rules of law governing the operations of this Tribunal, administer an oath to a person?
MR. HARDY: I will have to investigate the situation, your Honor. At this time I am not prepared to answer.
DR. SAUTER: Mr. President, it is my opinion that if any official of the Prosecution is entitled to receive an affidavit f a witness and to certify it, then the same privilege should also be extended to defense counsel and for the further reason, because generally after all, it is believed that the defense is not to occupy a verse position than the Prosecution.
I make this suggestion for the reason that today, upon my return from my Christmas vacation I have found a ruling of the Tribunal which orders us defense counsel, that we are to have affidavits by witnesses certified either by the Landrat, that is the political official in Germany, or by a local mayor if it is a case of dealing with a smaller city, or by the chief mayor if it should be a larger city or by the president of a civil court, or by the competent representative of the American Military Government.
I will have to correct myself. It is even stated An the ruling, "and by the competent representative of the American Military Government". Gentlemen, I state quite openly that I am not able to carry out this ruling; and I furthermore state that I shall not even try to do this because with this I would make demands upon the witnesses with which I cannot burden the witnesses. Your Honors, may I just give you some brief reasons for this? It is not pleasant here for a German. If in such a trial he is called as a witness, the witness has to be afraid that as a witness he will be named through the press and every German today is afraid that his name will be at all mentioned in connection with such a trial. And this fear is not quite without reason because in the First trial, the big Nurnberg trial, we have seen cases where witnesses were arrested after they had been called here as witnesses; and these cases have also been mentioned in the press. If any of the present defense counsel today communicate with a German and request him to submit an affidavit to us, in nine out of ten eases we can count with certainty that he will try to avoid this, and he will answer, or he can tell us either "I do not km w anything about the matter," or "I do not want to have anything to do with the matter because I value my liberty more than the ten or twenty defendants." And perhaps if he is a polite man, then he will add, "Will you please turn to the colleague Meier or Huber, perhaps he may be in a better situation to know something about the subject than I am."
Now, by virtue of the ruling of the Court, we ask the witnesses that first of all they are to go to some high official of the German authorities. Already that in itself in many eases, perhaps, requires a trip that may take hours and waiting for hours until the man can be heard. When he has finally finished with that, then he has to do a second thing because now he has to look for hours until he can fined the competent official cf military Government; and then perhaps as is common practice, he can be sent from one office to the ether and finally in the evening he may finally knew that he has not found the competent official cf Military Government.
Gentlemen, I am convinced that if I ask any German to burden himself with anything like that, if I request him to fulfill these conditions, then I will not be able to obtain one single affidavit.
Gentlemen, let me put myself into his position. If any defense counsel in any other trial would write to me and would ask me for an affidavit, do you really believe that I would perhaps run around here in Nurnberg for hours and would try to find somebody who would be in the position to sign my affidavit? I would not do it. And amongst a hundred people to whom we may write perhaps 99 will refuse to do that also. Your Honors, I would now request yeto consider these misgivings which I have stated from the experiences of our practice and the experiences of the first trial, and I ask you to consider those points once more; and particularly with the view to the fact if perhaps it would not still be possible to find a more simplified form of obtaining affidavits.
I personally feel that the procedure in the first Nurnberg trial has really proved itself worthwhile, namely, that the affidavits arc certified by the defense counsel who has to present it. After all, the main purpose for submitting affidavits is that the person who gives it, that is the witness, knows that he would be jailed or imprisoned if he gave any false testimony. It is my opinion, Your Honors, that if the defense counsel who, by virtue of his office has to work here, has to certify the signature with his own name, this perhaps should also suffice in the present trial just as it sufficed in the first trial. Defense counsel naturally are prepared to do everything which the Tribunal may decide on in order to bring this trial to a smooth and fair conclusion, but what is demanded from us now, I for myself cannot comply with it, and I doubt if the other defense counsel will not finally occupy the same point of view as I.
THE PRESIDENT: The Tribunal will recess until 9:30 o'clock tomorrow morning at which time counsel for the Prosecution may present the authority of the officers who have taken the affidavit to administer the oath, and the matter suggested by counsel for the defense. The Tribunal has no desire to place undue burden on counsel for the defense in preparing their defense and that ratter will be taken under serious consideration by the Tribunal.
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 3 January 1947, 0930, Justice Beals presiding.
THE MARSHAL: The Honorable Judges of Military Tribunal 1.
Military Tribunal 1 is now in Session.
God save the United States of America and this Honorable Tribunal.
There will be order in the courtroom.
THE PRESIDENT: Are the defendants all present in court?
THE MARSHAL: All the defendants are present in the courtroom.
THE PRESIDENT: The Secretary-General will note the presence of all the defendants in the courtroom for tho record.
The Prosecution will proceed.
MR. HARDY: May it please the Tribunal, objection has been raised by the defense counsel as to the admissibility of Document NC-372 which is an affidavit signed by the defendant Rudolf Brandt before Walter H. Rapp. An attempt has also been made to object to the admissibility of two other affidavits sworn to by Ferdinand Holl and Rene-Colombin Magner. These are documents NC-390 and N)-881 respectively. The ejection to the admissibility -
THE PRESIDENT: On which page of the document book are those found?
MR. HARDY: Pages 58 and 62, Your Honor.
The objection to the admissibility of these two documents is, of course, premature as they have not been offered in evidence. As I understand it, the objection to the Rudolf Brandt affidavit raises the question of the authority of Walter H. Rapp to administer an oath. It is therefore pertinent to inquire whether a statement under oath is a prerequisite to admissibility in this instance. If so, it will then be necessary to consider whether Mr. Rapp possessed authority to administer on oath. We submit first that the admissibility of the Rudolf Brandt affidavit does not depend upon an oath. Article 7 of Ordinance No. 7, states, and I quote, "The Tribunals shall not be bound by technical rules of evidence. They shall adopt and imply to the greatest possible extent expedition on non-technical procedure and shall admit any evidence which they deem to have probative value."