That was a necessity, automatic necessity, in order to create an extensive independent staff of one's own.
Q When was this new decree put into effect?
A It came into effect with the 1st of September 1944, and I think the month of September 1944 passed before the individual medical officers arrived in Berlin from the various Wehrmacht branches, until their housing was settled, most of all until the female clerks had been employed. One could well say that we started to work on thelst of October.
Q. What did you actually do on the basis of your new tasks?
A. On the basis of my newly-given authority of issuing orders, I ordered at first that all Wehrmacht branches and the Waffen-SS give me an exact report about their personal and material strength at that time. Secondly, I started to see that the central departments who up to that point were still working within the framework of the Army Inspectorate were to be taken over and included in the staff of the Chief of the Armed Forces Medical Service. Furthermore, the sphere of Wehrmacht care and welfare was taken over from the Army Medical Inspectorate, then the Department of Voluntary Care for the Sick and basically the problem of care for prisoners of war. This, of course, extended this sphere of work wuite considerably. Furthermore, there was introduced, and this was important for the military services, a central exploitation of the sick reports which came from the various Wehrmacht branches.
Q. I see under III under this Service Regulation 3 that as Chief of the Medical Service of the Wehrmacht you had the right to inspect certain units. Would you please say something about this right of inspection or right of control that you started to assume from the 1st of September, 1944?
A This right of inspection is limited to the Sanitaetsdienst Medical Service, to the Medical Unit, among others, roughly speaking, hospitals, and medical troops and institutions of the Armed Forces; that is to say, the various Armed Force Branches. In addition to this limitation, the Chief of the Wehrmacht of the Medical Service had the obligation to report the results of such inspections to the various branches of the Armed Forces, or rather their Commanders. And there is the following to say in this connection: In my capacity as Medical Inspector of the Army, with the Army, I had an unlimited right of inspection. Whenever I did not want to, there was no necessity for me to inform any one about any intended inspection tour. During the years of my office, I also maintained the point of view that any inspection could only serve a purpose if it comes unexpectedly as possible, and that it would be completely nonsensical if days before an intended inspection all sorts of preparations were being made so that the man who is inspecting would be satisfied. With this limitation, namely, that the OKW was to be informed, the main purpose of such an inspection was lost. For these inspections that were carried through with the Chief of the Wehrmacht Medical Service could never serve the purpose of controlling the medical works of hospitals for that was the right and the duty of the Medical Chiefs and their subordinated agencies. The purpose would have been to establish how the hospitals of one Armed Force are equipped with material and personnel in relation to the hospitals of another Armed Force Branch. Whether this purpose could have been fulfilled with such an inspection tour was highly questionable. For example, I w***ed to emphasize particularly that the Chief of the Wehrmacht Medical Service did not have the right to appear as a controlling person at any branch of the Armed Forces. I am sure that the Chief of any such branch would have rejected this interference, rightly so.
Q Then, it appears that most of your authority was in you capacity as Medical Inspector of the Army?
A That is true. Generaloberst Fromm, who at that time was my superior in the whole army, and to whom I was subordinated as Army Medical Inspector, told me when the question became acute.
When preparations were made in the Spring of 1944, he said I would receive a high-sounding name, but would remain a poor man, and that is actually what happened.
Q In the Service Regulations, I see under Roman Numeral II, Arabic 4a, what the duties of the Medical Chief of the Wehrmacht will be: "A) In the medical scientific field uniform measures in the field of health guidance, research, and the combating of epidemics." Would you please state what can be understood in that connection under your jurisdiction generally? We shall come to the research question later.
AAlready under the old Wehrmacht Medical Chief of 1942, and then strengthened by the Regulation of 1944, the mutual tasks in the field of Health Leadership, and that does not only mean innoculations, but that also includes directive and regulations for Hygiene with units, new regulations about troop Hygiene, the introduction of mutual vaccines, the discussion of questions whether it would be necessary to deal with the question of Influen**, and the combating of such a disease, and similar questions were dealt with.
Q Let us assume that you had in this sphere of Typhus--the Air Force was conducting research, that is to say, medical officers of the Air Force were dealing with that problem. On the basis of your authority, would you have had the obligation to interfere and to say that you must not deal with Typhus research and Typhus experiments; that is something that is being coordinated; that is being done in Krakow, for instance, Professor Eyer is working on that or somebody else is working on it. Can your jurisdiction be understood in that manner?
A Neither my jurisdiction can be understood in that manner nor would I have an occasion to do it nor would I have thought it correct to do it.
JUDGE SEBRING: I want to direct a question to the witness.
BY JUDGE SEBRING:
Q. Suppose you had learned, Doctor, that in these experiments they were being conducted under the circumstances Doctor Nelte has talked about, upon non-German nationals in concentration camps without their consent, and as a consequence scores of them were dieing from the medical experiments. Would that change your answer to the question?
A. If I had learned that which you have just described, the first question would have been in what sphere it was done, and by whom it was done. And, such a report which would have reached me as Chief of the Armed Forces Medical Service, I would have transmitted by official channels to the Medical Chief who was responsible for the persons concerned in the first place; that is, either the Army, Navy, or Air Force. And when transmitting this report, I would have asked him to supply me with information, asking him how the matter stood, whether it was correct or whether he knew anything about it. This would have ended one obligation on my part. The second obligation which would have resulted, but only after I received a confirmation from the Medical Chief concerned, would have been a report to my military superior; that would have been the Chief of OKW. And, no doubt I would have made a report to the Commissioner General because in the Service Regulations it said that he is to be informed about basic matters; and by that I also understand these important matters. As Chief of the Wehrmacht Medical Service I had no authority toward the individual medical officers. I would have had to turn to the medical chiefs of the various branches of the Armed Forces. The situation would have been clear in relation to the Waffen-SS; namely, that any such report about such happenings would have been reported to the Medical Chief of the Waffen-SS. In the latter case, however, there would have been a difference; namely, that this would have been a matter outside the sphere of the Wehrmacht, and in that connection this would not have been an official duty on my part, but merely a report to which I would have thought I was obligated to make.
THE PRESIDENT: The Tribunal will take a recess.
THE MARSHAL: The Tribunal is again in session.
DIRECT EXAMINATION, Resumed.
BY DR. NELTE:
Q. Witness, every new regulation takes a certain time before it becomes effective. The decree of the 7th of August, 1944, was to go into effect on the 1st of September, 1944. Will you please tell me whether the new order as planned really went into operation before the collapse?
A. What had been planned could not be put into a real practical effect before the collapse. The main reason for this was that the agencies with which one had to work became so difficult and the transportation conditions became worse every day so that the connection no longer existed which would have been necessary in order to put the intentions of the new regulation into effect. One must not forget that as early as at the end of 1944 and above all in January and February of 1945 the supreme agencies of the Wehrmacht had gradually been transferred away from Berlin, in part to Thuringia; and when sent from one by railroad to establish certain contacts, one could count on being away for several days. But that happened not only to me; that happened to all agencies, as can be proved.
Q Then is it correct if I assume that your main activity from the point of view of time and from the point of view of subject matter fell under the decree of 1942?
A Yes, one can say that.
Q I have had a diagram, a chart handed to you, which is called "Medical Affairs of the Wehrmacht" and to which you have sworn. Will you please look at the chart and tell us what the document number is?
A No. 282.
Q It is in Document Book I of the Prosecution. Do you have anything to say about this chart which bears your signature?
A Yes, I have something to say. First, I must explain the following: The heading of this chart is "Wehrmacht Medical Service (Sanitaetsdienst). When Mr. Rapp, who was interrogating me asked me about this Wehrmacht Medical Service (Sanitaetsdienst) he showed me a sketch which he had probably made, which contained the Wehrmacht and Civilian Matters and the SS. I pointed out several errors and then I was given this sketch and I was to prepare a new one for the Wehrmacht, that, is, for the Chief of the Wehrmacht Medical Service and I did so. Now I must remark in connection with this sketch that the square at the top above the Chief of the Wehrmacht Medical Service assigned to the Reich Commissioner, Professor Brandt, can or must give the impression that he was a superior of the Chief of the Wehrmacht Medical Service. He was not. I considered it my duty to make that clear. In this connection I should like to say that a few days later I was shown a report of my career. I do not know who wrote it. I made at least fifteen to twenty corrections because it said a number of things which simply were not true. I recall that it said the General Commissioner, Professor Dr. Brandt, was my military and medical superior. That may have been at the end of this report of my career. In my corrections I crossed out the word "military", and, therefore, as I can remember it read "medical superior". In connection with my explanation that this is wrong, if one should assume from this sketch that Brandt was my superior, I should also like to correct this, if it is true that the word "military" superior was crossed out in the report of my career, but the word "medical" was left. I would assume that this report is in the Document Book which contains all of the careers of all the defendants.
Q Then how would you describe your relationship with Professor Carl Brandt?
A I would explain that as has already been done here. According to the assignments he had coordinated between the Wehrmacht and the Civilian Sector, and that within the framework of his duties, if it had been necessary, could have given me instructions, whether general directives or in a specific case. I have one more thing to say about this chart. I made some notations which are unfortunately hard to read. These notes arose from the two interrogations and some questions concerning the request to prepare such a sketch. The Prosecutor has here referred to a note No. 5, which indicates a note concerning my typhus research institute at Krakow, whether, to what extent and in what way, there was correspondence between the Typhus Institute in Krakow and the Typhus Institute of the Waffen SS I do not know. In any case if there was any correspondence it did not go through my hands. The Prosecutor pointed out in connection with this sketch that this note refers to a man who has a bad conscience in this connection. This note was made because I was shown a sketch, in which the Research Institute at Krakow was listed under the Wehrmacht and the Typhus Institute in Buchenwald was listed under the SS and a line had been drawn between the two. Thereupon, I crossed out this line with pencil, and said that was not right, there was no official connection here. Then I was asked specifically whether they had anything to do with each other, and I answered as far as I know, "no." Because of this incident, the sketch with the connecting line and the specific question I added note No. 5, as well as four other notes. This was done after a direct question. I have nothing else to say about this.
Q Now we come to another subject. You are held responsible for actions and omissions of persons for whom you bear the responsibility. That is what the indictment says. In view of the various positions which you held I must make it clear what group of persons is concerned for whom you must bear responsibility Please tell me who were the heads of the agencies of the Army Medical Inspectorate and the Wehrmacht Medical Service, if you were not present at the seat of your agency?
A The regulations on this subject state very clearly in the case of the Army Medical Inspector, as well as Chief of the Army Medical Service, the representative in all current business is the Chief of Staff.
By "current business" we mean the normal official business, and in addition to the correspondence there are only personal matters of medical officers who are considerably older than the Chief of Staff and have higher and special positions or if fundamental questions come up of special importance, in which the Chief of Staff is not in a position to refer to his absent inspec and if he must be reached immediately, in such cases my chief would have approached the oldest medical officer in the field or at home, but that hardly happened.
Q. It will be very important whether you had knowledge of certain matter precisely, including reports. Therefore, I must ask you what was the course of the business, what happened when the mail was received in the agencies in the morning? How was it handled, and how was it distributed?
A. I shall take the Medical Inspectorate as an example. The procedure was the same with the Chief of the Wehrmacht Medical Service. The so-called "open mail", the ordinary mail, was sent to a central office, the registry office, was opened by the registrar, and according to the contents was sent either to the Chief of Staff or the heads of the individual departments. "Secret matters" were entered in a special book and the procedure differed at different times, either all sent to the Chief of Staff or part to the Chief of Staff and part to the heads of departments. For "Top secret" matters there was a special register and these things were all sent to the Chief of Staff. These things, even the "top secret" things addressed to the Army Medical Inspectorate or representative - the Chief of Staff was empowered to open these. The only thing he could not open was what was sent as "top secret" with my name personally without the addition of the words "or representative in office" But these were extraordinary cases.
Q. I am asking you this because I should like to know whether on principle your Chiefs of Staff know what was to come to your attention or what did come to your attention.
A. What came by mail they had to know as I have just described the procedure. The only exceptions would be the few "top secret" letters sent to my personal address.
Q. Would it not be a possible exception to be made for things which the registrar sent directly to heads of departments?
A. Yes, that is true but the heads of departments again had the obligation to work on these matters and, according to the urgency, to present them to the Chief of Staff, either immediately or within a few days just as the heads of the departments who reported to me when I was present first had to have reported these matters to the Chief of Staff.
Therefore, there remained only cases which were not questions of male, but where I had negations or talks with someone. And, again one must distinguish between whether I was there alone or whether there was someone with me. In most cases I did not go to such talks alone. Generally there was an expert on the subject needed and, in the second place, it was practical for me to have my adjutant with me because telephone calls were received, etc., so that, in general, the person who went with me usually informed the Chief of Staff afterwards even if I did not so so and even if I participated alone. If they were more or less important matters then I absolutely had to inform the Chief of Staff, because in my absence he had to know what was going on, what could happen, or what had been discussed. Otherwise, it would not have been possible to carry on business of our office, since in my absence the people always appreached my Chief of Staff personally or by telephone.
Q. When the two Chiefs of Staff who will appear here as witnesses must be able to tell us what you desired on the one hand, and on the other hand what you learned of?
A. Yes, absolutely.
Q. It may be necessary to explain a few terms important for the questioning of your competency and your authority. A little while ago you spoke of the relationship between superiors and subordinates in deviation from the term "authority" to issue orders. Since your responsibility is dependent on this point I should like to know whether terms like, direction, management, etc., whether they are anywhere set down and regulated authority?
A. That can be best seen as I am to give a concrete example established by document. In the Document Book on page 45 and 46, the Army Medical Inspector is presented.
Q. I might point out that this is document HA 28A, exhibit #2, Document Book I, page 44.
A. The test speaks for itself. It says, under #6 "The Army Medical Inspector is the Head of the Medical Section of the War Time Army. He is the superior of the entire medical personnel of the War Time Army in medical matter and he is the superior officer of all medical units of the War Time Army."
A footnote has been omitted here which is contained in the War Medical Decree which explains what is meant by medical personnel. It says "medical personnel include medical officers, non-commissioned officers, officials of the Medical Service, pharmacists, dentists, officials of the Administrative Service, special leaders in the Medical Service, and volunteer nurses." This shows clearly that this is a superior and I must add that under #11 the following is stated: "By means of inspection he convinced himself of the execution of his orders and of the state of health of the Field and Reserve Army."
In regard to the right of inspections it was not said that he needs to ask anyone about it before hand or even to inform any one.
Q. Then that is a clear case of the relationship of superior and subordinate as well as the total power to issue orders?
A. And, another one which we do not have a copy here is made equally clear - the case of the Army physician, the Army Corps and Divisional doctors of the Army. In other branches of the Wehrmacht it was the same. It said that they are superiors of their medical personnel in question of medical service and they are troop superiors to medical chiefs under their command. Now I should like to say in this case we have a clear relationship in the Army Air Force and the Navy. The Medical Chiefs are superiors of all the medical personnel and if in the Army one speaks of a superior this automatically and of necessity includes the power to issue orders.
When in military regulations we find something about instructions about who being a superior - this is always a very luke warm and weak and unclear matter. And, if one calls a high medical officer the head of an agency and entrusted direction of it to him without making him a superior and without giving him unlimited authority, this is a very weak uncompromising solution which everyone who understands these matters will recognize as weakness and that is the relationship as one looks at instruction of Chief of the Wehrmacht Medical Service in contrast to regulations of Army Medical Inspector or Chief of the Medical Service of the Air Force and Navy.
That is what I wanted to clear up.
DR. NELTE: Mr. President, I should like to submit to the Tribunal Document HA 50, which is in my 3rd document took and therefore is not yet available. This is a copy from the War Medical Decree, pages 4 to 6, and deals with the problems of which Professor Handloser has just spoken. I may submit this document now, as Exhibit 6a. Document Book 3 will be handed in tomorrow.
Q. Aside from the medical units or medical agencies, were there also institutes under you or your agencies as Army Medical Inspector or Chief of the Wehrmacht Medical Service?
A. Yes, there were such institutes; there were 7 of them. I should like to distinguish between the 4 which existed during peace time, that is, the Military Medical Academy, the Medical Training Section in Berlin and the Main Medical Camp in Berlin, -- 3 then. During the war there were added the Typhus Research Institute in Krakow and Lemburg, the Surgical Special Hospital in Brussels, the Central Archives for War Medicine in Berlin, and the Army Mountain Medical School in St. Johann. These institutes were directly under the Army Medical Inspector.
Q. Will you please describe the official relationship which you, as Army Medical Inspector, had with these institutes?
A. They were military organization headed by a commanding officer. That is to say, primarily the commanding officer is responsible for what happens in his military institute; he again is under and is thereby responsible to the Army Medical Inspector, who, of course, since the Institute is directly subordinate to him, on the whole bears the responsibility for it. That was the case with the Academy and that was the case with the other institutes. But I consider it necessary to give an example of what these institutes were like. I shall take the Military Medical Academy and say briefly what it was and what the supervision within the Academy was.
The Military Medical Academy, which we shall mention frequently, is an organization dating from 1795. Its name at that time was the Friedrich Wilhelm Institute, because the King, Friedrich Wilhelm II, had founded it. After 100 years of existence, in 1895, it changed its name to Kaiser Wilhelm Academy and when it was re-established after the first World War, it was given the name Military Medical Academy.
It had always had 2 tasks, in the first place to give the new recruits for the career of medical officer, additional training and in addition, in its own scientific institutes, to help the students; and on the other hand, to carry on such research as was directly connected with military medicine. At the head of the academy there was always an especially proved commanding officer. The picture of the academy in the lower fields was that under this commanding officer there were 3 training groups, headed again by a Generalarzt or an Oberstarzt. In 2 of these groups there were the students, in Group A, those before the physikum, the first medical examination, and in Group B, those in their clinical semesters. The third group, Training Group C, was the scientific group with the scientific institutes. The last director was Generalarzt Schreiber, who has frequently been mentioned.
In these institutes, military medical research was carried on. The medical officers in these training groups, I am thinking, for example, of Stabsarzt Dohmen, who has also been mentioned frequently, were primarily under the commanding officer of the training group and he in turn was under the commanding officer of the Academy and the commanding officer of the Academy was under the Army Medical Inspector. The organization in other institutes was built up on the same principle; whether it was St. Johann or the Central Archives, it was all the same; only the hospital in Brussels was different, which was purely a hospital and to which was attached a special scientific research department.
Q. You were Army Physician (Heeresarzt) and Army Medical Inspector and until you become Chief of the Wehrmacht Medical Service your functions were separate. What was the reason for joining the functions of Army Physician and Army Medical Inspector? I will, in a moment, point out what is important for my case so that the Prosecution does not think that I am bringing the Army Physician into the case unnecessarily. Army Physician and Medical Inspector were two functions which up until then had required all the services of one man, a high military doctor.
They were united and a sphere of work was created from which I must assume, without explanation, that it was too much for one person and would perhaps not give you the opportunity to do justice to the responsibility which you had in this high position. Will you please explain this and tell us how it was possible to fill these 2 positions and later 3 positions responsibly?
A. In 1939 I was in Poland. In 1940 I was in France. I was an Armee Arzt (Army Physician). Thus from two sectors, from two theaters of war, I was able to form a judgment about the management of the medical service and of course I also talked to their comrades about it. I was in the first World War, too, and I was able to see that our Supreme Medical Commander, that was von Gernin, as full Medical Chief and Generalstabsarzt of the Army, was in the field, at headquarters, and not at home. He arranged it at that time so that he was in charge of matters in the field himself and that at home he had a representative, who was a Generalarzt, but he himself was in charge of the direction of all matters at home and in the field. In the recent World War the Army Medical Inspector, Waldmann, was in Berlin, and a Heeresarzt was appointed for the Field Army. That was certainly not due to the desire of the Army Medical Inspectorate and my predecessor. That was connected with the military organization and with the point of view that in the field one cannot have any ministerial people with ministerial habits. My predecessor, Professor Waldmann, during the campaign in Poland and during the campaign in France, he was not in Berlin wither; but he had the feeling, just as everyone else did, that the primary thing and the mephasis, -- the first concern -was with the troops in the field.
If they were not cared for properly, if things did not run right at the front, then no amount of work at home did any good. My army in Poland, as well as my army in France, in spite of the brief duration of the campaigns, he visited my armies repeatedly.
Now when I became his successor, I was immediately confronted with the question in Berlin, if there is a change now and it was known that Generalstabsarzt Ott in the very near future would give up his position, it was said, "Now or Never." This obvious mistake in organization must be done away with and therefore from my own experience, as well as on the basis of the fact that from the first World war and from the preceding campaigns in 1939 and 1940, came that decision that Generaloberst Froom, who was Commander of the Reserve Army and the Commander in Chief of the army Von Brauchitsch, that I should suggest to them that the two organizations should be united. First, this was to be a simplification, secondly, time was to be saved and third, every possibility for friction, which of course existed between the field armies and the home army, was to be removed.
Q Then, in your opinion and in the opinion of the army medical officers, you presented the necessity. What is important here, however, is that you say how you created the safeguards, the order to safeguard the responsibility of such a high officer as the Army Medical Inspector. Please clarify your responsibility.
A The extent of the duty alone, from the point of view of area alone, had become so great as the war expanded that no one in charge, even the Heeresarzt could be everywhere. The Army Medical Inspector at home could not do that, everything had to be built upon the basis of the decentralization and on the selection of the best people as supports for the execution of the duties on the principle that the best men should be put in the best places. This was done at home by the selection of the Wehrkreis physicians and by the promotion and support of their authority and that was done in the field by the selection of army physicians.
When the area became substantially greater and the difficulty be came substantially greater, the military agencies, on their own initiative, since they were in the same position, created a new agency between the high command of the army and the various armies - the so-called army group commands, since it could not at first be achieved that army group physicians should be assigned to these army group commands.
Conditions later showed the High Command of the Army that this had to be done later and so at the end of 1941 or the beginning of 1942, army group physicians, with the rank of Generalarzt or Generalstabsarzt were created, who were above the physicians of the various armies as connecting link to the Heeresarzt and the Army Medical Inspectors. That is a typical example of the fact that the expanded duties and the expanded area required a new safeguard for the execution of control and supervision and advise.
I should only like to add to clarify the matter, that the Wehrkreis physicians at home, I believe with one or two exceptions, and there were nineteen of them, that they were all even older than I and that a considerable proportion of them had formerly been my superiors as Wehrkreis physicians or as army group physicians in peace time and that in the field, they were of the same are as I with very few exceptions. They were men with the rank of a Generalarzt or Generalstabsarzt, who had reached this rank only on the basis of long experience and special achievement. These were not men whom one had to watch or control. These were men who guaranteed that they would do their utmost and their best and that they had the necessary experience and the necessary ability.
Q In connection with this policy of putting the best men in the most difficult posts, there had to be added, I should like to say, the legislative activities; you had to issue instructions, directives, orders, etc.; was that organized in that way?
A. Do you mean these Army Camp Physicians?
Q All physicians from your point of view?
A. Yes, of course that was done.
Q This is what I should like to learn; were numerous instructions, directives and orders issued by you?
A Yes, of course.
Q I mention this because unfortunately we have no documents in the Prosecution's Document books bearing your signature. If such orders had not corresponded to the rules demanded of an orderly command, I am convinced that we would have seen them here. I should also like to ask you if you know of any significant, or were there any significant violations reported to you in connection with inadmissability, or the execution of the military medical point of view or the ethical point of view?
A No.
Q I am not merely speaking of the front, the doctors at the front; I am speaking of at home too?
A Yes.
DR. NELTE: Mr. President, now I want to come to the question of the consulting specialists, on the functions of these consulting specialists, but Generalartz Gutzeit has testified about this as a witness, so I believe I can dispense with this matter; but in this connection I should like to present two documents to the Tribunal. In the first place an excerpt from the War Medical Decree, No. 222, 226, and 235. This deals with the group of consulting physicians in the Army.
THE PRESIDENT: In what Document Book are these documents contained.
DR. NELTE: You will find these documents in Book No. 1, Page 36. It is document HA 19, and will be Exhibit No. 7, if the Tribunal accepts this document as an exhibit.
THE PRESIDENT: Is it counsel's intention to read the document into the record or simply have it offered in evidence?
DR. NELTE: I merely want to submit it. In the examination of the witness Gutzeit the contents were already presented. It is only the legal regulation of the position which the consulting physicians had.
THE PRESIDENT: Very well.
DR. NELTE: And the next document on the same point I submit a statement of the defendant Professor Handloser on the establishment of the consulting physicians. I shall not read this either. I only offer it as an exhibit.
It is in the Document Book No. 1, Page 32. It is document HA 18. I ask that you accept this statement of the defendant as Exhibit No. 8.
THE PRESIDENT: In the Document Book I do not find Document HA 18 listed in the index. It is in the book, but not indexed.
DR. NELTE: The section which produced these documents left this document out, but only in the index. In the document book itself, on Page 32, you will find the document.
THE PRESIDENT: It is in the Document Book. I have it. I was calling attention to the fact it was omitted from the index.
There being no objections the documents will be admitted.
The Tribunal will now recess until 9:30 tomorrow morning.