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Volume V · Page 152
| [suf…] ficient to prove the
guilt of any of the defendants connected with RuSHA. The four defendants connected with Lebensborn — Sollmann, Ebner, Tesch, and Viermetz — are charged under this specification of the indictment. While it appears from the evidence that Lebensborn utilized certain property formerly belonging to Jews, such as several hospitals, old people's homes, and children's homes, it further appears that these properties had already been confiscated by other agencies and were empty at the time Lebensborn took them over. Furthermore, it appears that Sollmann, as chief of Lebensborn, deposited one million Reichsmarks of Lebensborn's funds for the purpose of paying for these properties upon transfer. Although the evidence discloses that no compensation was actually paid for these properties, this occurred by reason of an order of the Reich Minister of Justice suspending land registration entries, and not by virtue of any refusal to pay on the part of Lebensborn, While there is evidence to the effect that in isolated instances Lebensborn also utilized a small amount of personal property for the welfare and maintenance of children under Lebensborn's care, it has not been established beyond a reasonable doubt that Lebensborn actually confiscated such property without payment; nor has it been established that any defendant connected with Lebensborn was connected with any plan or program to plunder occupied territories. The burden of proof rests upon the prosecution; and the evidence by which it is sought to criminally implicate the defendants connected with Lebensborn is, in the opinion of the Tribunal, insufficient to justify a conclusion of guilt on this specification. |
| PERSECUTION AND EXTERMINATION
OF THE JEWS |
| Insofar as the evidence might connect the
individual defendants with this charge in the indictment, this specification
has heretofore been dealt with, particularly under specifications relating to
punishment for sexual intercourse with Germans, plunder of public and private
property, and evacuations of foreign nationals. Persecutions upon racial grounds were directed particularly toward the Poles and Jews, and both the Poles and Jews were e the victims of similar measures, as we have heretofore shown in this judgment. |
| WAR CRIMES AND CRIMES
AGAINST HUMANITY |
| Judged by any standard of proof, the record in this case clearly establishes crimes against humanity and war crimes, substantially as alleged in the indictment under counts one and two. |
