33. The defendants Cuhorst, Oeschey, Nebelung, and Rothaug are guilty of membership in an organization declared to be criminal by the International Military Tribunal in Case 1, in that Cuhorst, Oeschey, and Rothaug were members of the Leadership Corps of the Nazi Party at Gau level after 1 September 1939, and in that Nebelung was an Ortsgruppenleiter of the Leadership Corps of the Nazi Party after 1 September 1939. 34. The defendant Joel is guilty of membership in an organization declared to be criminal by the International Military Tribunal in Case 1, in that the said defendant was a member of DER SICHERHEITSDIENST DES REICHSFUEHRER SS (commonly known as the “SD”) after 1 September 1939. Such memberships are in violation of paragraph 1 (d), article II of Control Council Law No. 10. Wherefore, this indictment is filed with the Secretary General of the Military Tribunals and the charges herein made against the above-named defendants are hereby presented to the Military Tribunals. Acting on Behalf of the United States of America TELFORD TAYLOR Brigadier General, U. S. Army Chief of Counsel for War Crimes Nuernberg, 4 January 1947 II. ARRAIGNMENT Extracts from the official transcript of Military Tribunal III in the matter of the United States of America vs. Josef Altstoetter, et al., defendants, sitting at Nuernberg, Germany, on 17 February 1947, 0930, Justice Carrington T. Marshall, presiding.[7] THE MARSHAL: Persons in the courtroom will please find their seats. The Honorable, the Judges of Military Tribunal III. Military Tribunal III is now in session. God save the United States of America and this Honorable Tribunal. There will be order in the courtroom. PRESIDING JUDGE MARSHALL: The Tribunal will now proceed with the arraignment of the defendants in Case 3 pending before this Tribunal. The Secretary General will call the names of the defendants. THE SECRETARY GENERAL: Josef Altstoetter, Wilhelm von Ammon, Paul Barnickel, Hermann Cuhorst, Karl Engert, Guenther Joel, Herbert Klemm, Ernst Lautz, Wolfgang Mettgenberg, Guenther Nebelung, Rudolf Oeschey, Hans Petersen, Oswald Rothaug, Curt Rothenberger, Franz Schlegelberger. MR. LAFOLLETTE: May it please your Honor, all the defendants are present. I wish to advise the members of this Tribunal that subsequent to the filing of the indictment in this case the defendant therein named Carl Westphal died, and he died while in the custody of the Marshal which may be confirmed by the Tribunal.[8] PRESIDING JUDGE MARSHALL: It will be so entered in the record. Counsel for the prosecution will proceed with the arraignments of the defendants. [Here Mr. LaFollette read the indictment. See pp. 15–26.] * * * * * * *