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Nazi Conspiracy & Aggression 4. ERNST KALTENBRUNNER
On 18 November 1945, two days before the opening of the trial,
Kaltenbrunner suffered a spontaneous subarachanoid
hemorrhage and was taken to the hospital for treatment. He
remained there until 6 December, when he was returned to the
jail. He attended the 10 December session of the
Tribunal an was in court for several days thereafter, but
his condition deteriorated so that it was necessary to
return him to the hospital for further treatment. Medical
opinion expects at this writing (23 January), that he will
be required to remain under hospital care for a considerable
period.
On 2 January Kaltenbrunner's counsel, Dr. Kauffmann,
requested the Tribunal to postpone the case against his
client because of his illness. The Tribunal ruled (1) that
the prosecution should proceed with any evidence which it
proposed to direct against the criminality of organizations
with which Kaltenbrunner was connected, (2) that any
prosecution evidence directed against Kaltenbrunner as an
individual should be withheld until
[Page 96]
the prosecution reached that part of its case in which it
had planned to trace the responsibility of individual
defendants, and (3) that Kaltenbrunner's case should
properly be left until the end of this section of the
evidence. If at that time the defendant should be still
unable to be present in court, the Tribunal ruled that "the
evidence will have to be given in his absence."
A closed session followed at which the Tribunal heard both
the prosecution and defense counsel, as a result of which
the Tribunal modified its ruling. Since the prosecution's evidence
was so inextricably mingled that it was impossible to divide it
between that which bore against Kaltenbrunner as an
individual and that which bore against the organizations
which he headed, the Tribunal ruled that it would hear the
prosecution's evidence in its entirety. Counsel for
Kaltenbrunner, however, was given the privilege of cross-
examining at a later date any witnesses which the
prosecution might call against Kaltenbrunner. The Tribunal
pointed out that defense counsel would also, of course, have
an opportunity to deal with any documentary evidence against
Kaltenbrunner when the time came for the presentation of the
defense case.
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Volume
I Chapter IV
Motions, Rulings & Explanatory Material Rel
ating to Certain of the Defendants
(Part 5 of 9)
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