Alfried Krupp. Immediately upon service of the
Indictment, learning the serious condition of Krupp von Bohlen, the
United States again called a meeting of Prosecutors and proposed an
amendment to include Alfried Krupp. Again the proposal of the United
States was defeated by a vote of 3 to 1. If now the Tribunal shall
exercise its discretion to excuse from trial the one indicted member
of the Krupp family, one of the chief purposes of the United States
will be defeated and it is submitted that such a result is not
"in the interests of justice."
The United States respectfully submits that no greater disservice
to the future peace of the world could be done than to excuse the
entire Krupp family and the armament enterprise from this Trial in
which aggresive war making is sought to be condemned. The
"interests of justice" cannot be determined without taking
into account justice to the men of four generations whose lives have
been taken or menaced by Krupp munitions and Krupp armament, and
those of the future who can feel no safety if such persons as this
escape all condemnation in proceedings such as this.
While of course the United States cannot, without the concurrence
of one other Power indict a new defendant, it can under the Charter
alone oppose this motion. The United States respectfully urges that
if the favor now sought by Krupp von Bohlen is to be granted, it be
upon the condition that Alfried Krupp be substituted or added as a
defendant so that there may be a representative of the Krupp
interests before the Tribunal.
It may be suggested that bringing in a new defendant would result
in delay. Admitting, however, that a delay which cannot exceed a few
days may be occasioned, it is respectfully suggested that the precise
day that this Trial will start is a less important consideration than
whether it is to fail of one of its principal purposes. The American
Prosecution staff has been by long odds the longest and farthest away
from home in this endeavor. On personal as well as public interest
consideration it deplores delay. But we think the future as well as
the contemporary world cannot fail to be shocked if, in a trial in
which it is sought to condemn aggressive war making, the Krupp
industrial empire is completely saved from condemnation.
The complete trial brief of the United States on Krupp von Bohlen
with copies of the documents on which his culpability is asserted
will be made available to the Tribunal if it is desired as evidence
concerning him and Alfried Krupp and the Krupp concerns.
Respectfully submitted:
/ s / ROBERT H. JACKSON
Chief of Counsel for the
United States of America
12 November 1945