MEMORANDUM FOR: Brig. Gen. William L. Mitchell,
General Secretary.
FOR THE INTERNATIONAL MILITARY TRIBUNAL.
In response to the Tribunal’s request that the Defendant Julius
Streicher be examined, the undersigned psychiatrists did examine the
Defendant Julius Streicher, on 17 November 1945. The following
examinations were made: Physical, neurological and psychiatric
examinations.
In addition, the following documents were studied: All available
interrogations, biographical data, inspection of examples of his written
works, all psychological investigations and observations of the prison
psychiatrist.
The following results of the examination and unanimous conclusions are
submitted:
1) Defendant Julius Streicher is sane.
2) Defendant Julius Streicher is fit to appear before the Tribunal and
to present his defense.
3) It being the unanimous conclusion of the examiners that Julius
Streicher is sane, he is for that reason capable of understanding the
nature and quality of his acts during the period of time covered by
the Indictment.
/s/ DR. JEAN DELAY,
Professor of Psychiatry at the Faculty of
Medicine in Paris.
/s/ EUGENE KRASNUSHKIN,
Professor of the Scientific Research
Institute in Moscow.
/s/ COLONEL PAUL L. SCHROEDER, AUS,
Neuropsychiatric Consultant.
MOTION ON BEHALF OF DEFENDANT HESS FOR
AN EXAMINATION BY A NEUTRAL EXPERT WITH
REFERENCE TO HIS MENTAL COMPETENCE AND
CAPACITY TO STAND TRIAL
TO: The General Secretary of the International Military Tribunal,
Nuremberg.
On behalf of the Defendant Hess I hereby make the following application
in my capacity of counsel:
I
A. That a medical expert be asked by the Court to make a thorough
examination of the Defendant Hess and to report in an exhaustive manner
as to whether the said defendant is
a) mentally competent,
b) capable of being tried, and to summon the medical expert as a witness
at the Trial.
The expert should be named to the Tribunal by the medical faculty of the
University of Zürich or, if a competent expert should not be available
there, by the medical faculty of Lausanne.
B. If the Court has already appointed an expert, that the expert applied
for and appointed as in I A. be appointed and summoned to act together
with the Court’s own expert at the examination, and to testify in Court.
C. In the event of the Court’s having already in the meantime ordered a
report by a board of experts, that this panel be completed by the
appointment, as well as the expert mentioned in I A., of another expert
also to be named by the medical faculty of Zürich or Lausanne.
II
. . . .
_Reasons:_
Re I. The undersigned Counsel has grave doubts as to the mental
responsibility and the fitness for Trial of the Defendant Hess owing to
defendant’s behavior during his numerous talks with him, and owing to
the numerous publications, past and present, in the German and foreign
press about the “Hess Case”. The defendant is not in a position to give
his Counsel any information whatsoever regarding the crimes imputed to
him in the Indictment. The expression of his face is lifeless and his
attitude towards his Counsel and in view of the impending Trial is the
reverse of every natural reaction of any other defendant.
The defendant declares that he has completely lost his memory since a
long period of time, the period of which he can no longer determine.
The official Party declaration issued by the German Propaganda Ministry
of 12 May 1941 even mentions “a disease which had been increasing over a
period of years” and of “signs of mental derangement”. English press
reports also state that defendant’s conduct after his landing in
Scotland showed an _absence_ of “mental clarity”.
Those facts are important for the allegation of Defendant’s
irresponsibility as a result of morbid disorder of his mental capacity,
and sufficient grounds for application numbered I.
Those facts at the same time justify the examination of defendant’s
ability to plead. In the event of the Court’s having already, on its own
authority, entrusted a panel of experts with the preparation of a
report, it would be fair to the defendant to concede the addition of
_several_ experts to be appointed by the Defense.
. . . .
/s/ VON ROHRSCHEIDT
Attorney