. NMT05-T1191
Volume V · Page 1191
| TSCHENTSCHER |
| Pursuant to an order issued by the Tribunal
dated 15 June 1948, the defendant Erwin Tschentscher filed a closing brief in
answer to the brief of the prosecution on 9 July 1948 and on 29 July 1948 he
filed an additional brief in consequence of an order of the Tribunal dated 14
July 1948. The Tribunal further considering the judgment and sentence
heretofore imposed against the defendant Tschentscher finds and concludes the
following: The defendant objects to the interpretation placed by the Tribunal upon a personal declaration made by the defendant when testifying in his own behalf, and to the importance given said declaration by the Tribunal in its judgment. The English translation of this declaration appearing in the record is as follows: |
"It was our specific intention that these people be able to recover somewhat so that they would regain a better physical condition and be able to perform their work better." |
| In his brief the defendant contends that the correct English translation of the declaration should have been as follows: |
"It was our specific intention to give those people at last the possibility to recover, so that they would regain a better health condition and by this a better working state." |
| It is a further contention of the defendant in his brief that the complete statement of the defendant which was in connection with this declaration should have been taken into consideration by the Tribunal and quotes the following: |
"I must say that I did not need any confirmation because just when I saw the people it was rather unnerving; and one could count on the fact that when an epidemic occurred the inmates did not any longer have any physical resistance, and one could predict that a 'catastrophe might occur in that field. I only had one thought, to help them as quickly and to as large an extent as possible so that these things would not happen." |
| This testimony of the defendant was fully
considered by the Tribunal on Transcript page 8126 of the judgment. The Tribunal concluded that the significance given the utterance and the findings deduced in its original judgment are correct. The Tribunal can find no material difference between the meaning of the passage as stated in the English translation appearing in the record and the translation contained in defendant's brief. The defendant further complains in his brief that the following findings of the Tribunal in its judgment were not borne out by the evidence. |
"The Tribunal is fully convinced that he knew of the desperate condition of the inmates, under what conditions they |
