22 Nov. 45
Afternoon Session
COL. STOREY: If the Tribunal please, Major Frank
Wallis will now present the briefs and documents supporting the
briefs in behalf of the phase of the case known as the Common Plan or
Conspiracy, up through 1939.
Major Wallis.
MAJOR FRANK B. WALLIS (Assistant Trial Counsel for the United
States): Mr. President, members of the Tribunal: It will be my
purpose to establish most of the material allegations of the
Indictment running from Paragraph IV on Page 3, to Subparagraph E on
Page 6. The subjects involved are:
The aims of the Nazi Party, their doctrinal techniques, their
rise to power, and the consolidation of control over Germany between
1933 and 1939 in preparation for aggressive war.
This story has already been sketched by the American Chief
Prosecutor. Moreover, it is history, beyond challenge by the
defendants. For the most part, we rely upon the Tribunal to take
judicial notice of it. What we offer is merely illustrative
material-including statements by the defendants and other Nazi
leaders-laws, decrees, and the like. We do not need to rest upon
captured documents or other special sources, although some have been
used.
For the convenience of the court and Defense counsel, the
illustrative material has been put together in document books, and
the arguments derived from them have been set out in trial briefs.
I intend only to comment briefly on some of the materials and to
summarize the main lines of the briefs.
What is the charge in Count One?
The charge in Count One is that the defendants, with divers other
persons, participated in the formulation or execution of a Common
Plan or Conspiracy to commit, or which involved the commission of
Crimes against Humanity (both within and without Germany), War
Crimes, and Crimes against Peace.
The charge is, further, that the instrument of cohesion among the
defendants, as well as an instrument for the execution of the
purposes of the conspiracy, was the Nazi Party, of which each
defendant was a member or to which he became an adherent.
The scope of the proof which I shall offer is:
First, that the Nazi Party set for itself certain aims and
objectives, involving basically the acquisition of
"Lebensraum", or living space, for all "racial"
Germans.
Second, that it was committed to the use of any methods whether
or not legal, in attaining these objectives, and that it did in fact
use illegal methods.