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There were petitions lodged in his behalf by the 600 citizens of the
small community of Dahlbruch, who turned to me on their own initiative. What
all these persons share with me is that they are unable to comprehend the
prosecution which, with its charge, defames a decent man.
But
especially because the significance of this trial reaches beyond the sphere of
this man so much respected at his native place by his workers and in economic
circles, permit me to say a few words more.
In my plea I have pointed
out that the Directive JCS 1067,¹ which was issued when General
Eisenhower's troops entered Germany, is in contradiction to international law,
that is to say, to the basic principles upon which this trial is based, and I
have furthermore pointed to the precariousness of international law as far as
the occupied territories are concerned and to the untenable thesis of the
prosecution which with regard to international law wants to consider Germany as
being in a vacuum. During the time I have had to live at Nuernberg for
professional reasons, that is, since the IMT trial started, which was 2 years
ago, many things have changed. The Directive JCS 1067 no longer exists and the
new directive of General Clay dated 17 July 1947 speaks explicitly of complying
with international conventions and intents to prevent all arbitrary measures.
I have the fervent hope that the Court will agree with my conviction
and legal opinion: Weiss is not a criminal. I ask you, the judges, that
my client, who like thousands of other industrialists at home and abroad,
thought that he was doing his duty during the war, may not be made to suffer
for being a German industrialist and I ask you therefore to acquit Bernhard
Weiss. |
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| F. Closing Statement for Defendant
Flick² |
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DR. DIX (counsel for defendant Flick) : May it please the Tribunal!
In the English manuscript of my final plea, which is before you, you
will find two enclosures which will not be read out in court.³ The first
enclosure, which follows page 57, is a legal expert opinion by the well-known
expert in corporation law, Dr. Walter Schmidt, who is a coauthor of one of the
important books |
__________ ¹ Joint Chiefs of
Staff "Directive to Commander in Chief of U.S. Forces of Occupation
Regarding the Military Government of Germany", approved on 3 October 1944.
² Transcript pages 10885-10951, 29 November 1947. ³ A
mimeographed translation of the closing statement which counsel proposed to
render was ordinarily made available to the Tribunal prior to the actual
delivery of the argument. Only the text of the closing statement as actually
delivered is reproduced here.
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