. NMT05-T1187
Volume VI · Page 1187
| and socially-minded businessman. The fact that I succeeded in this
endeavor is, I think, proved both by the course of my own life and by the
course of this trial. Nobody of the large circle of persons who know my fellow
defendants and myself, will be willing to believe that we committed crimes
against humanity, and nothing will convince us that we are war criminals.
PRESIDING JUDGE SEARS: The other defendants waive the right to address the Court, not under oath. There is nothing further before the Tribunal this afternoon. We will now stand in recess, subject to the call of the Tribunal. I will say for the Tribunal, however, that we shall not expect to come back at least during the next 2 weeks, unless some emergency occurs which requires a session; but when the final session of the Court and the delivery of the judgment will be made, is impossible to say this afternoon. The Tribunal stands in recess. |
|
| XI. OPINION AND JUDGMENT* | |
| PRESIDING JUDGE SEARS: Before proceeding with our decision and
judgment the Tribunal wishes to put on record its appreciation of the services
rendered by counsel for both the prosecution and the defense in this case. In
our American system of forensic jurisprudence, counsel are officers of the
Court representing their clients, of course, but also assisting the Court in
finding the truth and upholding the integrity of the law. We have so considered
the counsel one and all who have appeared before us here. The counsel for
prosecution and defense have all performed their professional duties with
earnestness, diligence, and ability. They have been of great service to the
Tribunal and in no instance has any one of them failed in the loyalest duty or
overstepped the limits of honorable service. For the help they have rendered
the Tribunal they have our thanks. I will now read the decision on the motions. At the close of the proceedings on 8 November, the defendants jointly and severally made a series of motions, among other things attacking the jurisdiction of this Tribunal and asking for the dismissal of the various counts of the indictment as to the defendants charged therein, and seeking to strike from the record hearsay testimony and affidavits on various grounds, and on 12 November defendant Flick moved to strike documents offered by prosecution on rebuttal, and on 14 November defendant Steinbrinck made a further motion. We have examined all of these motions with care and hereby deny them all except the motion to dismiss the third count which |
* Tr. pp. 10974-11026, 22 December 1947.
955487 — 52 — 77
