2 Jan. 46

COL. STOREY: Yes. It has been suggested, if Your Honor pleases, that we might have a few minutes to confer about the situation, about the witnesses.

THE PRESIDENT: You wish to adjourn for a few minutes?

COL. STOREY: Just a few minutes so that we can confer because it changes our order of proof.


COL. STOREY: Just 10 minutes will be sufficient.

THE PRESIDENT: Yes; we will adjourn now.

[A recess was taken.]

THE PRESIDENT: The Tribunal will now hear the evidence which the Prosecution desires to call, and insofar as it consists of oral testimony, the Tribunal will afford counsel for Kaltenbrunner the opportunity of cross-examining the witnesses so called, at a later stage if he wishes to do so.

HERR LUDWIG BABEL (Counsel for SS and SD): I was at first appointed counsel for the members of the SS and the SD who had made an application to be heard in these proceedings. My duties were limited to presenting the incoming motions to the Court in a suitable form. Not until the Tribunal made its announcement of 17 December 1945, was I appointed as Defense Counsel for the organizations of the SS and the SD. As such I have no client or employer who could give me information or instruction for conducting the defense. In order to obtain the needed information I am, therefore, directed to communicate with members of the organizations I am representing, most of whom are in prisoner-of-war camps or are under arrest. So far, because of the shortness of time, I have not been able to get this information.

After 17 December 1945 thousands of motions were submitted to me through the Court, and in the short period of time since then I have not been able to follow the instructions they contained.

According to Article 16 of the Charter the defendant is to be shown a copy of the Indictment and of all pertaining documents, written in a language he understands, within a proper time prior to the beginning of the Trial. This provision should, according to the sense, be also applied to the indicted organizations. To serve the Indictment on the organizations is not provided for in the rules of procedure nor has the Tribunal so far ordered it.

In view of the very extensive work involved I personally was not in a position to have a sufficient number of copies prepared for distribution to the various camps in which the members of the