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Volume V · Page 1205
| Sommer actually knew of the existence of crematories and gas chambers in the concentration camps and of the purposes they served. That portion of the judgment which this erroneous statement refers to, reads as follows: |
"There is evidence in the case which tends to show that the defendant Sommer actually knew of the existence of crematories and gas chambers in the concentration camps and the purposes for which they were used." |
| (This finding is confirmed by the testimony
of the defendant while testifying in his own behalf). j. Office D II and the defendant Sommer played a prominent part in the perpetration of cruelties and murders in the concentration camps and the defendant was, according to penal law, responsible for such participation. (p. 122 of the German version of the judgment; p. 8154 of the English transcript). This was a conclusion and finding made by the Tribunal from all the evidence in the case and it constitutes a part of the adjudication of the Tribunal as to the guilt of the defendant. In this connection it is interesting to note that the authority that the defendant had in affairs of Amt D II is described by the defendant in his own testimony on transcript page 3873 of the record: |
"In 1943 Maurer appointed me his deputy. * * * someone versed in all matters pertaining to his sphere of work." |
| The remaining parts of the defendant's brief which dealt with excerpts from his diary and other matters which were never offered in evidence during the trial, the Tribunal cannot nor consider. They constitute no part of the case and the Tribunal is not now permitting further proof to be offered. The defendant complains of the following excerpt from the judgment which reads as follows: |
"Without attempting to pass judgment upon his guilt or innocence the Tribunal deplores the fact that Gerhard Maurer was not apprehended prior to the commencement of this case in order that his responsibility, if any, for the operation of D II could be determined." |
| He says that this remark seems to indicate
that the Court had certain misgivings as to its verdict in the case of Sommer.
This contention is entirely erroneous. The Tribunal had no misgivings as to its
verdict and the guilt of the defendant Sommer, but merely deplored the fact
that all persons connected with the case could not be tried at one time rather
than in a number of cases. The gist of the remaining portions of defendant's brief consists of arguments and conclusions which were contained in detail in the defendant's closing plea and which have been reiterated |
