ORDER CONSTITUTING TRIBUNAL II

OFFICE OF MILITARY GOVERNMENT FOR GERMANY (U.S.) APO 742

16 December 1946

General Orders}

No. 85}

PURSUANT TO MILITARY GOVERNMENT ORDINANCE NO. 7

1. Effective as of 14 December 1946, pursuant to Military Government Ordinance No. 7, 24 October 1946, entitled “Organization and Powers of Certain Military Tribunals”, there is hereby constituted, Military Tribunal II.

2. The following are designated as members of Military Tribunal II:

Robert M. TomsPresiding Judge

Fitzroi D. Phillips^*Judge

Michael A. MusmannoJudge

John J. SpeightAlternate Judge

^* OMGUS General Orders No. 5, 21 January 1947, corrected spelling to Fitzroy D. Phillips.

3. The Tribunal shall convene at Nurenberg, Germany, to hear such cases as may be filed by the Chief of Counsel for War Crimes or by his duly designated representative.

By command of LIEUTENANT GENERAL CLAY:

C. K. GAILEY

Brigadier General, GSC

Chief of Staff

Official:Seal:

G. H. GARDE Office of Military Government

Lieutenant Colonel, AGD for Germany (U. S.)

Adjutant General

Distribution: “B” plus

2—AG MRU USFET

TRIBUNAL II—CASE TWO L. to R.: F. Donald Phillips; Robert M. Toms, presiding; Michael A. Musmanno; John J. Speight, alternate.

Former Luftwaffe Field Marshal Milch, seated in the defense counsel section of courtroom one, listens with his lawyer Dr. Bergold and his brother Werner as Tribunal II announces its verdict in his case.

Defendant Erhard Milch with his counsel, Dr. Friedrich Bergold.

Mr. Clark Denny, Chief Trial Counsel of Case II.

MEMBERS OF MILITARY TRIBUNAL II

Robert M. Toms, Presiding

Judge of the Third Judicial Circuit Court, Detroit, Michigan

Fitzroy Donald Phillips, Member,

Judge of the Superior Court for the 13th Judicial District of the State of North Carolina

Michael A. Musmanno, Member,

United States Naval Reserve, on military leave from Court of Common Pleas, Allegheny County, Pennsylvania

John Joshua Speight, Alternate,

Prominent member of the Bar of the State of Alabama

ASSISTANT SECRETARIES GENERAL

Judge Richard D. DixonFrom 20 December 1946 to 25 March 1947

Major Mills C. HatfieldFrom 16 April 1947 to 17 April 1947

PROSECUTION COUNSEL

CHIEF OF COUNSEL:

Brigadier General Telford Taylor

CHIEF TRIAL COUNSEL:

Mr. Clark Denney

ASSISTANT TRIAL COUNSEL:

Mr. James S. Conway

Miss Dorothy M. Hunt

Mr. Henry T. King, Jr.

Mr. Raymond J. McMahon, Jr.

Mr. Maurice C. Myers

DEFENSE COUNSEL

Dr. Friedrich Bergold

Main Counsel

Dr. Werner Milch^*

Assistant Counsel

^* Brother of the defendant Milch.