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Nuremberg Trial Proceedings Vol. 1
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MEMORANDUM OF THE BRITISH PROSECUTION
ON THE MOTION ON BEHALF OF DEFENDANT
STREICHER

INTERNATIONAL MILITARY TRIBUNAL

THE UNITED STATES OF AMERICA, THE FRENCH REPUBLIC,
THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN
IRELAND, and THE UNION OF SOVIET SOCIALIST REPUBLICS

- against -

HERMANN WILHELM GOERING, et al.,

Defendants.

The Chief Prosecutor of the United Kingdom of Great Britain and Northern Ireland respectfully opposes the application for an adjournment of Counsel for the Defendant STREICHER for the following reasons:

I.

1) Counsel for the Defendant Streicher accepted that position on 27 October 1945.

2) The Indictment against the said defendant and others was published on 13 October 1945 and served on the Defendant Streicher shortly thereafter.

3) The said Counsel has therefore had a considerable time to familiarise himself with the contents of the Indictment and especially these which, as appears in the part of the Appendix A, page 33 relating to the said defendant, are particularly relevant to him. In this connection the Chief Prosecutor respectfully refers to Page 5, Section IV(D)(3)(d) and page 26 Section X(A) and (B) of the Indictment.

4) This Chief Prosecutor further respectfully reminds the Court that the said Counsel has got a week from the filing of this answer until the commencement of the Trial, and in addition any time which may be occupied by the opening of the case and any matters preliminary to evidence being produced requiring cross-examination by Counsel for the Defendant Streicher.

5) If oral evidence is called relating to the part alleged to have been played by the said defendant and the said Counsel is not ready to cross-examine, he will be able to ask for a postponement of his cross-examination.

6) It is therefore respectfully submitted that this Application is premature, and that the time for applying for an adjournment to assist Counsel for the said defendant is when a difficulty actually arises at the Trial.

7) This Chief Prosecutor respectfully reminds the Tribunal of the words of General Nikitchenko, then its President, uttered at Berlin on 18 October 1945: "It must be understood that the Tribunal which is directed by the Charter to secure an expeditious hearing of the issues raised by the charges will not permit any delay either in the preparation of the defense or of the Trial."

II.

This Chief Prosecutor has no objection to the request made in Section II of the said application.

III.

This Chief Prosecutor has also no objection to the suggestion contained in Section III thereof.

/ s / HARTLEY SHAWCROSS

14 November 1945


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