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and families and imprisoned in Germany to dig
in mines and labor in factories, under appalling and unspeakable circumstances,
which spread death, disease, and misery." This summary could be supplemented by
numerous quotations from the indictment and from the opening statement.
However, this is not necessary, because all such quotations from the statement
of the prosecution show only a distortion of the actual circumstances and
exaggeration without measure. They represent a totally unjustified defamation
of respectable people, so that for the rebuttal there remains only the
question: What gives the prosecution the right to speak in such exorbitant and
insulting terms without proof being offered? How can the prosecution make
assertions of which it must have known that they cannot be proved? No evidence
was shown in fact and the prosecution did not even try, in part, to adduce
evidence. The evidence offered by the defense, on the other hand, will show how
different the total aspect of the situation of the foreign workers really was.
The prosecution has not been able to prove a single case in which the
defendants murdered or tortured, and yet it assumes the right to defame the
defendants with such expressions. The evidence heard so far on the part of the
prosecution, namely, the statements of its own witnesses, has shown that the
foreign workers were not "kept in confinement," but were living in liberty and
able to move about freely, just as the German worker. It must be pointed out
quite clearly that it is not feasible to stamp respectable industrialists, who
are now indicted, as criminals by way of the detour of the horrible crimes on
the part of a man like Hitler and his National Socialist collaborators, who
were sentenced to death in the course of the first trial. The prosecution could
not prove any crime and no unethical act committed by my client, and I
therefore dispute the right of the prosecution to defame my client by the
afore-mentioned quotations.
As has already been pointed out by the
other defense counsel, we have endeavored to collaborate to such an extent that
repetitions and overlappings be avoided as much as possible. Within the scheme
of dividing up the themes and distributing the work, which became necessary
thereby, I have taken charge of the "Prisoners of war" topic in reference to
count one of the indictment, and consequently I have spoken on this subject
today. As the Tribunal has already learned from the statement made by the
prosecution, my client, Mr. Weiss, had in the management of the Konzern charge
of matters connected with hard coal and the finishing industries. In
consequence thereof I deal with the charges which concern the firms belonging
to this group, in particular the firms Harpener, Bergbau, Essener, Steinkohle,
ATG |
169 |