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[presen
] tation of evidence that Gattineau participated in
carrying out the negotiations of IG in Austria.
The Pressburg matter
characteristically illustrates the presentation of evidence by the prosecution.
Gen. Telford Taylor claimed with pathos: |
|
"After 1938, he (Gattineau), as
director of one of the largest Farben factories making explosives in the
occupied territory, participated in supplying and abusing forced labor, and in
spoliation." |
Here too, again, we had to wait for proof in vain. The prosecution
has not presented a single document. This would also be difficult to do,
because neither foreign labor, forced labor, concentration-camp inmates, nor
prisoners of war were used as workers in Pressburg.
There is just as
little opportunity for the prosecution to prove its contention that plundering
had occurred in Pressburg. Under these circumstances, it is perfectly
understandable that Judge Morris pointed to the irrelevancy of the material
until the beginning of hostilities in 1939. In my opinion, this pertains above
all to the defendant Gattineau.
When we keep in mind that that is the
result of the efforts made by the prosecution for 2½ years, it is
something less than a scanty result. I do not wish to criticize the
prosecution. For it is difficult to present evidence against a defendant who
has committed no crime according to the counts of the indictment. If the
prosecution were granted as much time again for its preparation, it would again
have the same failure. The further development of the trial will show this
clearly. |
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P. Opening Statement for Defendant Kuehne* |
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DR. GUENTHER LUMMERT (counsel for defendant Kuehne): With Your
Honor's permission, I would like to refrain from making a special opening
statement for the defendant Kuehne, and this for the following reasons:
1. To avoid unnecessary repetition and thus to speed up the
proceedings, since the Tribunal has already listened to 13 opening statements.
2. In view of the, indeed, minimum charges against the defendant
Kuehne. |
__________ * Tr. p. 4855, 19 December
1947. The final statement of defendant Kuehne to the Tribunal appears in
section XII 10, volume VIII, this series
310 |