JUDGE’S CENSURE

Gisborne Herald, Volume LXXIII, Issue 21964, 7 March 1946, Page 8

JUDGE’S CENSURE

THREATSJN PAPER COUNSEL FOR ACCUSED NUREMBERG TRIAL (9 a.m.) ' NUREMBERG, March 6. Lord Justice Lawrence, president, announced that the war crimes tribunal had asked the Allied Control Commission in Germany to investigate the publication in the Berliner Zeitung, which is published in the Russian zone of Berlin, of a severe attack against Streicher’s counsel, Dr. H&ns Marx. Lord Justice Lawrence said the article suggested that Dr. Marx, in asking questions in court, behaved most improperly and- the proper course for him was to remain silent. “The matter assumes- a graver aspect because the article goes on to threaten Dr. Marx with complete ostracism, using violent and intimidating language,” said Lord Justice Lawrence. “The tribunal will not tolerate such conduct. The right of an accused to be represented by counsel is one of the most important elements in the administration of justice. ’ Lord Justice Lawrence added that Dr. Marx in no way had exceeded his professional duty. Nimitz Sought as Witness Counsel for Admiral Doenitz asked for permission to interrogate Admiral Chester Nimitz, the United States Naval Chief, and also that the British Admiralty files should be opend to dlsclqse the combat orders given to British merchant ships. He assured the tribunal that Admiral

Nimitz’s replies would prove that America “observed the same strategic and legal considerations in carrying out submarine warfare and gave orders identical with those of the German Naval High Command.” He added that American submarines had attacked all ships in specified operational waters without warning and also all the Japanese ships, at least from the time that it could be surmised that such ships would resSt, were being taken as prizes. Finally, American submarines did not assist shipwrecked people in waters where a submarine would have endangered itself by doing so. British Lodge Objection The British prosecutor. Sir Maxwell Fyfe, objected to calling Admiral Nimitz to give evidence concerning sea warfare against the Japanese on the ground of irrelevance. He said that even if what Doenitz claimed American submarines had done was true, it could not be assumed that they followed the same legal considerations as those of the German Naval Command. It might have been done in retaliation. Dr. Franz Bueliler, counsel for Doeni.tz, said he did not wish to prove that the United States Admiralty in .the Üboat warfare against Japan broke international laws. “On the contrary, I am of the opinion that it acted strictly within the limits of international law,” he declared. “The United States faced exactly the same problems ..as those ■which confronted Germany ift the Üboat warfare against Britain. Lord Justice Lawrence said the tribunal would consider this with .the other applications. Admiralty’s Documents Opened

It is pointed out in court circles .that Doenitz’ counsel has already been given permission to visit London to examine documents at the Admiralty. Streicher sought to call his wife and son. His counsel said that the former would prove that he had no connection with Hitler and the other Nazi chiefs. Streicher asked for his son as a witness .to refate the prosecution’s charge that ha was a sexual sadist- His counsel said that bo.th Streicher’s wife and .the chief editor of Der S.tuermer could tell the truth concerning his so-called ‘pornographic library. Counsel added that Streicher had lived since 1940 in banishment so complete that he had never heard of such an infamous terrorist ag Heydrich or Kaltenbrunner. Hjalmar Schacht wanted witnesses to testify that he was concerned in an attempt to overthrow the Nazi Governmetn in September, 1938, and had participated in the attempt against Hitler’s life on July 20, 1944. Walther Funk’s counsel applied for 10 German witnesses and indicated that he would seek to prove that Funk opposed the importing of slave labour to Germany. Hermann Goering’s counsel stated that Lord Halifax was the only one of eight persons who had replied to the interrogatories sent in connection with Goering’s defence. The tribunal sat in closed session in the afternoon considering its decisions.