urn:taro:utexas.law.00022 Guide to the Trial Notebooks from the Nuremberg Justice Case, Tarlton Law Library Addy Sonder, Assistant Archivist, Tarlton Law Library The University of Texas at Austin2005 EAD tagging performed by Addy Sonder at the Tarlton Law Library on 12/01/2005 Finding aid written in English. Guide to the Trial Notebooks from the Nuremberg Justice Case, Tarlton Law Library Tarlton Law Library The University of Texas at Austin 2005 Collection Summary Blair, Mallory B. ( 1887-1962) Trial Notebooks from the Nuremberg Justice Case 1942, 1947, bulk 1947 A collection of trial notebooks created by Judge Mallory Blair when he presided over the Nuremberg Justice Case (Case No. 3: U.S. v. Joseph Alstötter et al.). 1.5 linear feet (3 boxes) Rare Books & Special Collections, Tarlton Law Library, The University of Texas at Austin
727 E. Dean Keeton St., Austin, TX 78705-3224, (512) 471-7263
 Collection Creator

A 1912 graduate of The University of Texas School of Law, Judge Mallory B. Blair practiced in Belton, TX for a brief period before being elected county judge in 1916, and then judge of the 27th Judicial District Court of Texas in 1921. In 1923, Judge Blair was elected to the 3rd Court of Appeals of Texas, along with two other new justices, Judge James W. McClendon and Judge James Harvey Baugh. The three justices served together on the Court for twenty-three consecutive years, a near record in Texas history, and are frequently referred to as The Great Triumvirate. Judge Blair was defeated for reelection in 1947. In mid-1947, President Truman appointed Blair to serve on a 3-judge panel that would preside over Case No. 3: U.S. v. Joseph Alstötter et al., at the Nuremberg War Crime Trials.

Historical Background

Better known as The Justice Case, Case No. 3: U.S. v. Joseph Alstötter et al. was a separate trial for members of the German judicial system. The defendants included nine officials in the Reich Ministry of Justice and several prosecutors of the People's Court and the Special Courts. As representatives of a Nazi judicial system that persecuted Poles, Jews, and others in occupied territories, they were accused of war crimes and crimes against humanity. Of the fifteen defendants, Franz Schlegelberger was the highest-ranking official, having served as Acting Reich Minister of Justice between 1941-1942. One of the defendants, Karl Westphal, died before the beginning of the trial.

Case no. 3 was heard by the United States Nuremberg Military Tribunal (NMT) III, and was part of a second set of twelve trials that focused on the mechanisms of Nazi aggression. The tribunal consisted of three presiding judges and one alternate judge. Serving on the panel with Judge Blair were Presiding Judge Carrington T. Marshall, a former Chief Justice of the Ohio Supreme Court, and Judge Justin W. Harding, a former Assistant Attorney General of Ohio and District Judge of the First Division of Alaska. Early in the trial, Judge Marshall became ill and was replaced by Judge James T. Brand, a former justice of the Oregon Supreme Court.

The prosecution counsel, composed entirely of Americans, included Chief of Counsel Brigadier General Telford Taylor, Deputy Chief Counsel Charles M. LaFollette, Associate Counsels Robert D. King and Alfred M. Wolleyhan, and Assistant Counsel Sadie B. Arbuthnot. The defendants were represented individually by German lawyers.

The panel issued a final judgement of over two hundred pages. Judge Blair wrote a separate, concurring opinion that further discussed the issue of conspiracy. Of the sixteen defendants, four were given a life sentence. Four of the defendants were acquitted, and the rest received prison sentences of five or six years.

Contents of the Collection

The collection consists of typewritten materials (some carbon copy) from a set of loose-leaf binders used by Judge Blair during this important trial. The bulk of the contents consists of summaries of the evidence submitted by the prosecution and defense. Also present are multiple drafts of the final judgement and of Judge Blair's separate, concurring opinion. Administrative materials such as rules of procedure, laws and ordinances, seating charts, diagrams, and memoranda are present in smaller quantities. The defendant files in volumes 8-12 contain evidence descriptions and extensive biographical data for each named defendant. As a unit, the materials represent the data available at the fingertips of Judge Blair during the course of this important trial. Of special interest are the extensive handwritten notes, which demonstrate that Judge Blair made active use of the notebooks during the trial.

Arrangement of the Collection

The materials were originally in 16 loose-leaf binders. The papers were removed from the binders and are now housed in 3 archival boxes. The original order of each notebook has been retained. One of the original binders was saved and is housed with the collection.

Access Restrictions

Due to the fragile condition of these papers photocopying is not permitted.

 Index Terms Major Subjects Altstötter, Josef, b. 1892 -- Trials, litigation, etc. Justice, Administration of -- Germany.Justice Trial, Nuremberg, Germany, 1947.Nuremberg War Crimes Trail, Nuremberg, Germany, 1946-1949. Related Materials

For a picture of Judge Blair, see the Texas Jurists Collection, Box TJ1, Tarlton Law Library.

A complete transcript of the Justice Case proceedings, as well as evidence submitted by the prosecution and defense, the prosecution final argument, the defense final pleas, and the final judgement, are all found in a 70-volume set at the Tarlton Law Library, Call # Oversize KZ 1179 J89 A3 1947 v. 1-70.

 Administrative Information Cite As

Trial Notebooks from the Nuremberg Justice Case. Rare Books & Special Collections, Tarlton Law Library, The University of Texas at Austin.

 Trial notebook #1 F82 1 Subject index key numbers F82 1 Glossary- Nazi titles and English equivalents F82 1 Abbreviations and definitions F82 1 Government offices (applicable to Case no. 3) F82 1 Party authorities (applicable to Case no. 3) F82 1 Table of ranks-party offices F82 1 Biographies (names applicable to Case no. 3) F82 1 Nazi law [exhibits]

NOTE: Handwritten note filed before exhibits says "Some of the Schlegelberger evidence".

F82 1 Testimony by prosecution witness Rudolph Lehmann F82 1 Exhibits nos. 254- 516, summaries Trial notebook #2 F82 2 Forms of oaths and affirmations in English, French, and German F82 2 List of German lawyers F82 2 Control Council Law No. 10 F82 2 Ordinance No. 7 F82 2 Memorandum w/subject: Military Government Ordinance No. 11 Amending Military Government Ordinance No. 7, Change to Title 23, Military Government Legislation, 1942.02.17

NOTE: With two attachments.

F82 2 Rules of Procedure for Military Tribunal III F82 2 Organization, functions and responsibilities of the Secretariat for Military Tribunals F82 2 Publication containing the indictment and courtroom charts (seating plans) for Case no. 3. By the Public Relations Division, OCC-WCC. F82 2 Military Tribunal III, Room 295. Seating plan, defendants and counsel F82 2 Black & white photograph of a chart.

NOTE: Chart shows positions of the defendants and others in the Reich Ministry of Justice and the German judicial system under Hitler.

F82 2 Black & white map of region [district?] surrounding Nuremberg.

NOTE: Labeled as Rothaug Doc. Nr.i66.

 F82 2 Typescript list of prosecution exhibits interleaved with handwritten notes about the exhibits Trial notebook #3 F82 3 VIIIth Conference for the Unification of Penal Law, July 10-11, 1947: Definition of the Crime Against Humanity. General Report. Presented by Joseph Y. Dautricourt F82 3 VIIIth Conference for the Unification of Penal Law, July 10-11, 1947: Definition of the Crime Against Humanity

NOTE:With subtitle, "Text unanimously approved the 11th of July 1947".

 F82 3 VIIIth Conference for the Unification of Penal Law, July 10-11, 1947: List of the delegates of the represented states F82 3 Sevilla v. Elizalde 112 F. 2d 29 F82 3 VIIIth Conference for the Unification of Penal Law, July 10-11, 1947: Message addressed to the General Secretariat of the United Nations F82 3 Denial of justice

NOTE: Cites the source as: "Digest of International Law"-Hackworth, Vol. V, Chapters XVI-XCIII, 'Denial of Justice 522', p. 526-528.

 F82 3 Separate opinion of Judge Blair [draft?]

NOTE: Includes multiple drafts on conspiracy.

Trial notebook #4 F82 4 Persecution of the Jews

NOTE: Select laws, decrees and evidence related to the persecution of the Jews.

F82 4 Definitions of "conspiracy" from Encyclopedia Americana and Columbia Encyclopedia, F82 4 Draft on conspiracy F82 4 Untitled drafts [of final judgement?] F82 4 Judgement [typescript draft] F82 4 Paragraph 2 of the Criminal Code, [typescript draft]

NOTE: Good for final draft of Judgement written at top of page.

 F82 4 Untitled draft [of final judgement?] F82 4 References on international law Trial notebook #5 F82 5 Exhibit nos. 1-253 F82 5 Miscellaneous prosecution documents, Books III, IV, V

NOTE: Notetab says Prosecution Document Summaries.

 F82 5 Defense summaries F82 5 Index to testimony of witnesses for the defense and prosecution, Case No. 3 Trial notebook #6 F82 6 Exhibit nos. 254-516 Trial notebook #7 F82 7 Defense documents F82 7 Cuhorst documents F82 7 Von Ammon documents F82 7 Barnickel documents F82 7 Cuhorst documents F82 7 Engert documents F82 7 Joel documents Trial notebook #8 F83 1 Altstoetter F83 1 Barnickel F83 1 Petersen F83 1 Nebelung Trial notebook #9 F83 2 Joel F83 2 Lautz Trial notebook #10 F83 3 General file of exhibits [1 pg.] F83 3 Klemm F83 3 Mettgenberg Trial notebook #11 F83 4 Oeschey F83 4 Cuhorst F83 4 Rothaug Trial notebook #12 F83 5 Schlegelberger F83 5 Von Ammon F83 5 Rothenberger Trial notebook #13 F83 6 Index to trial proceedings Trial notebook #14 F84 1 Evidence listed by defendant F84 1 Defense documents: Rothaug F84 1 Defense documents: Von Ammon F84 1 Defense documents: Klemm F84 1 Defense documents: Lautz F84 1 Defense documents: Mettgenberg F84 1 Defense documents: Nebelung F84 1 Defense documents: Oeschey F84 1 Defense documents: Petersen F84 1 Defense documents: Rothenberger F84 1 Defense documents: Schlegelberger F84 1 Defense documents: Rothenberger F84 1 Defense documents: Westphal F84 1 Defense documents: Joel F84 1 Defense documents: Altstoetter F84 1 Defense documents: Schlegelberger F84 1 Defense documents: Rothaug Trial notebook #15 F84 2 Separate opinion of Judge Blair [draft] F84 2 Nazi amendments to the German Criminal Code [draft portion of final judgement?] F84 2 Defense of Superior Orders [draft portion of final judgement?] F84 2 Crimes Against Humanity [draft portion of final judgement?] F84 2 Wharton's Criminal Law

NOTE: Excerpts from Wharton's Criminal Law, volumes 1 & 3.

Trial notebook #16 F84 3 Military Tribunals. Case No. 3. [Booklet]

NOTE: Lists all counts of the indictment

 F84 3 Separate opinion of Judge Blair [draft] F84 3 National Socialist Corruption of German Justice [draft portion of final judgement?] F84 3 Preliminary Statements [draft portion of final judgement?] F84 3 Night and Fog Decree [draft portion of final judgement] F84 3 Persecution and Extermination of the Jews [draft portion of final judgement?]