. NMT05-T1192
Volume V · Page 1192
were forced to work, the insufficiency of their food and clothing, the malnutrition, and exhaustion that ensued and that thousands of deaths resulted from such treatment. His many visits to the various concentration camps gave to him a full insight into these matters." |
| These findings so adduced by the Tribunal are
amply supported by the evidence. The admissions of the defendant, the testimony
of the witness Barnewald (doc. book 3, p. 108), the affidavits of Dr.
Schiedlausky (doc. book 3, p. 28) and Hermann Pister (doc. book 3, p.
109), and other evidence in the record showed conclusively the correctness
of these findings and conclusions by the Tribunal. The closing brief of the defendant dated 29 July 1948 reiterates his contentions as contained in his brief of 9 July 1948 and, in addition thereto, its further contents consisted almost entirely of arguments which stated the contentions of the defendant as to the conclusions found by the Tribunal in its judgment. The Tribunal considered such arguments, but with these arguments the Tribunal does not agree. The Tribunal has again carefully reviewed the entire judgment and sentence, together with the two closing briefs filed by the defendant and with the entire record in the case and finds no valid reason to disturb or modify the same. Therefore the Tribunal reiterates and reaffirms its original judgment and sentence as to the defendant Erwin Tschentscher as heretofore entered in this case. |
| KIEFER |
| On 14 July 1948 the Tribunal entered an order reading in part as follows: |
"In conformity with the policy of the Tribunal to afford defense counsel every possible opportunity to present full and complete arguments on behalf of the defense, such counsel as wish to do so will now be permitted to prepare and submit briefs in reply to the prosecution's brief. If, after fully considering such defense briefs, it should appear to the Tribunal that the judgment heretofore entered as to any defendant is not then supported by the evidence and that his guilt has not been proved beyond a reasonable doubt or that the sentence imposed is unjust, the Tribunal will thereupon vacate, modify, or amend the judgment now entered in accordance with the facts and the law so determined." |
| This order gave to the defendant the right to submit any and all further arguments that he desired to submit, based on the record in the case. The defendant elected not to submit a closing |
