14 Nov. 45
MR. JUSTICE JACKSON: I think the Charter makes no such
requirement, and I understand that the rules of the Court are within
the control of the Court itself.
THE PRESIDENT: Would you suggest that he should be given less
time than the other defendants?
MR. JUSTICE JACKSON: I have no hesitation in sponsoring that
suggestion, for the reason that the work that has already been done
presumably would be available to him; and as I have suggested, of all
the defendants, the Krupp family is in the best position to defend,
from the point of view of resources, from the point of view of the
reach of their organization; and, I am sure you will agree, they are
not at all handicapped in the ability of counsel
THE PRESIDENT: I have one last question to put to you: Can it be
in the interest of justice to find a man guilty, who, owing to
illness, is unable to make his defense properly?
MR JUSTICE JACKSON: Assuming the hypothesis that Your Honor
states, I should have no hesitation in saying that it would not be in
the interests of justice to find a man guilty who cannot properly be
defended. I do not think it follows that the character of charges
that we have made in this case against Krupp, Gustav Krupp von
Bohlen, cannot be properly tried in absentia. That is an arguable
question; but it can be assumed that all of the acts which we charge
him with are either documentary, or they were public acts. We are not
charging him with the sort of thing for which one resorts to private
sources. The one serious thing that seems to me, is that he would not
be able to take the stand himself in his defense, and I am not
altogether sure that he would want to do that, even if he were
present.
THE PRESIDENT: But you have stated, have you not, and you would
agree, that according to the Municipal Law of the United States of
America, a man in the physical and mental condition of Krupp could
not be tried.
MR. JUSTI JACKSON: I think that would be true in most of
the jurisdictions.
THE PRESIDENT: Thank you. Mr. Attorney General.
SIR HARTLEY SHAWCROSS (Chief Prosecutor for the United Kingdom):
May it please you, Mr. President: The matters which I desire to
submit to the Tribunal can be shortly stated, and first amongst them
I should say this: There is no kind of difference of principle
between myself and my colleagues, representing the other three
prosecution Powers, none whatsoever. Our difference is as to method
and as to procedure. In the view of the British Government,