II. Arraignment

Extract from transcript of Military Tribunal II, Case 4, in the matter of the United States of America vs. Oswald Pohl, et al., defendants, sitting at Nuernberg, Germany, on 10 March 1947, Judge Toms presiding.

PRESIDING JUDGE TOMS: There is before the Tribunal Case 4, United States of America against Oswald Pohl and others. The chief of counsel will read the indictment. It might be better to ascertain that all the defendants named in the indictment are present.

THE MARSHAL: May it please your Honor, all the defendants are present in the courtroom.

[At this point, Mr. McHaney read the indictment. For text, see pp. 200 to 208.]

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PRESIDING JUDGE TOMS: As the name of each defendant is called, he will stand and answer the questions put to him by the Tribunal and give his answers into the microphone.

DR. SEIDL (counsel for defendant Oswald Pohl): Mr. President, before the defendants are heard with reference to the question of guilt, I beg to have the opportunity to make an application on behalf of defendant Oswald Pohl, which refers to the indictment.

PRESIDING JUDGE TOMS: You have already filed a written motion in behalf of defendant Pohl?

DR. SEIDL: On the first of March of this year I submitted an application in writing to the Secretary General, demanding on behalf of the defense, a supplement of facts with regard to the indictment. I should like to repeat this application here in open session of the Tribunal and should like to give a verbal argument in favor of it.

PRESIDING JUDGE TOMS: The Tribunal has before it your written application or motion and it will be heard in due time, but we will proceed with the arraignment on the indictment as filed.

PRESIDING JUDGE TOMS: Oswald Pohl, did you receive a copy of the indictment in this case on 13 January 1947?

DEFENDANT POHL: Yes.

Q. Are you represented by counsel?

Q. How do you plead to this indictment, guilty or not guilty?

A. I declare that I am not guilty.

Q. You may be seated.

[At this point the balance of the defendants were arraigned. All pleaded not guilty to the charges of the indictment.]

PRESIDING JUDGE TOMS: The Secretary General will enter on behalf of each of the several defendants a plea of not guilty.

The Court has just signed the order approving the application of Dr. von Stein as attorney for the defendant Franz Eirenschmalz.

Various motions have been filed on behalf of the defendants Frank, [Hans] Loerner, Hohberg, Pohl, Pook, and Bobermin asking for various types of relief, particularly with reference to the indictment. These motions will be determined by the Tribunal in advance of the trial, and argument on the motions will be permitted, if requested.

Am I right Mr. McHaney, in stating that it is proposed to start the taking of proof in this case tentatively on 24 March?

MR. MCHANEY: That is correct, your Honor.

PRESIDING JUDGE TOMS: Counsel for the defendants will be advised of that plan and will be ready to proceed on that day, unless otherwise notified in the meantime.

There being nothing further before the Tribunal at this moment, the Tribunal will be in recess without day, but with the advice to counsel that the next probable session of the Tribunal will be 24 March at 9:30 o'clock and in courtroom 581, not in this room.

Court will be in recess.