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14 Nov.
45
ment or do you suggest on the contrary a supplement be
added to the Indictment?
M. DUBOST: I have thought for a long
time that it was necessary to propose an amendment to the Indictment. It
is still my opinion, but it is not legally possible to modify the
Indictment by a supplement.
THE PRESIDENT: Thank you. Does
counsel for the Defendant Gustav Krupp wish to address the Tribunal
again?
DR. KLEFISCH: I deduce from the explanation of the
Prosecution that the principal objection against our point of view is
that it would not be in accordance with justice if the Trial were to be
carried out in absence of Krupp senior. When, in representing the
opposite point of view, it is pointed out that the public opinion of the
entire world demands the trial against the defendant, Mr. Krupp, then
the main reason offered is that Krupp senior is to be regarded as one of
the principal war criminals. I have already pointed out that this
reasoning would be an anticipation of the final judgment of the Court.
It is my opinion, that this is not the place and the time to discuss
these questions and I wish to limit myself to what I already said
before: Namely, that all that has been said in this direction is for the
moment only a thesis of the Prosecution, which, in the course of the
Trial, will be confronted with an antithesis of the Defense, so that
then the High Court can arrive at a synthesis of this thesis and
antithesis and make a fair judgment.
One more point regarding
this question:
It has also been pointed out that Krupp senior,
could be tried in absentia for the reason that the entire
evidence regarding the question of guilt has already been presented and
was no secret. In view of the facts this is not correct.
So
far we have seen only a part of the evidence, that is, that which is
contained in the bundle of documents. But may I point out that from the
firm of Krupp and the private quarters of the Krupp family, the entire
written material which consisted of whole truck-loads was confiscated,
and we did not see any of this material. Thus, the defense is difficult
to undertake, since, due to the confiscation of this entire material,
only the Defendant Krupp senior would be in a position to describe at
least to a certain extent the documents necessary for his defense, so
that they could be submitted in the regular form of application for
evidence to this High Court.
As far as the question of an
additional indictment against the son, Alfried Krupp, is concerned I
wish to state first of all that I have not officially been charged with
the defense of this defendant. I suppose, however, that I will be
charged with the defense and that is why, with the permission of the
Court, I wish to say a few words here about this motion, perhaps as a
representative
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