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Volume V · Page 1199
| Thus it may readily be seen that
this finding is based upon evidence of which the defendant cannot complain.
The remaining portions of the defendant's brief which complains of the findings of the Tribunal and his arguments against such findings are concluded on page 11 and are merely recapitulations and reiterations which were made by the defendant in his closing statement. A careful review of the entire record leads the Tribunal to a contrary view of these arguments and contentions. A minute and careful examination of the entire record in the case, together with the closing statement of the defendant and his closing brief, leaves no doubt in the minds of the Tribunal of the guilt of this defendant beyond a reasonable doubt and as adjudged by the Tribunal in its original judgment. The evidence clearly discloses that the defendant, with others, operated and maintained the gigantic enterprises which resulted in the unlawful deaths of millions of slave laborers from occupied territories, and prisoners of war, and that he was a principal in, accessory to, ordered, abetted, took a consenting part in, and was connected with plans and enterprises involving the commission of war crimes and crimes against humanity and reiterates and reaffirms its original judgment and sentence in this case. |
| SOMMER |
| On 12 July 1948 counsel for the defendant
Sommer filed a tentative brief pursuant to the order of the Tribunal dated 15
June 1948. At this time counsel for the defendant did not have the German
translation of the brief filed by the prosecution against the defendant Sommer.
Pursuant to the order of the Tribunal dated 14 July 1948 counsel for the
defendant filed a brief dated 27 July 1948. In this latter brief counsel for
the defendant deals with the case in a three-fold manner; first, when he
answers the brief of the prosecution as to factual matters; second, he deals
with the facts and conclusions as found by the Tribunal in its judgment and
third, it consists of arguments as to what the Tribunal should have found from
the evidence in the case. In support of his arguments he quotes portions of
judgments of other tribunals which were entered subsequent to the trial of this
case, excerpts from a diary, and other matters which are not a part of the
record in this case and which were never offered in evidence nor considered by
the Tribunal. In dealing with the closing brief of the prosecution, counsel for the defendant, in his brief, says as follows: |
"In this connection we deal with the contents of the closing brief only insofar as the statement made by the prosecution |
