. NMT05-T0158
Volume V · Page 158
| which the prosecution bases wholly upon the position held by the defendant and which is not supported by proof. Upon the evidence submitted, the defendant Schwarzenberger is found not guilty on counts one and two of the indictment. |
| COUNT THREE |
| The Tribunal finds that the defendant Schwarzenberger was a member of a criminal organization, that is, the SS, under the conditions defined and specified by the judgment of the International Military Tribunal, and he is, therefore, guilty under count three of the indictment. |
| HERBERT HUEBNER |
| As chief of labor staffs and the resettlement staff in Poznan, Herbert Huebner was concerned in the forcible evacuation and resettlement actions as well as the slave labor program. Within the area under his jurisdiction and supervision, these actions were carried out on a large scale. One document, written by him, suffices to show his connection with these actions. Huebner on 29 August 1941 wrote to the SS Settlement Staff at Lodz and Poznan as follows: |
"According to the newest order of the Reich Governor, the Poles who will have to be displaced in the 'course of the settlement must under no condition leave the Warthegau, e.g., in order to be allocated for labor in Germany proper via the employment offices, since the Poles will probably be needed later on as manpower (in this area). The Landraete (chiefs of district adm.) will have to provide emergency work for them until large-scale projects will provide the possibility to make use of all available Polish manpower. |
| It has been established by the evidence
beyond a reasonable doubt that the defendant Huebner actively participated in
the forced evacuation and resettlement of foreign populations and the use of
foreign nationals as slave labor. The evidence is insufficient to authorize a conclusion of guilt on the part of Huebner with regard to the other specifications of the indictment. |
