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3. In view of my written motion of 11 December 1947, which is
awaiting the Tribunal's decision.¹
May I add that I do not intend
to read an opening statement at a later time in case my motion mentioned above
should not be granted. In that case, I shall submit my legal arguments later in
my final speech, and shall give a brief introductory survey in regard to my
evidence at the beginning of the case in chief for the defendant Kuehne, when
my turn comes.
I, therefore, beg to be excused from making an opening
statement, and to give the time gained through this to those of my colleagues
who may exceed the allotted time in presenting their opening statements.
|
| |
| Q. Opening Statement for Defendant
Buergin² |
| |
| DR. WERNER SCHUBERT (counsel for defendant Buergin) : Your Honors,
the defendant Dr. Buergin saw the collapse of the so-called Third Reich from
his headquarters at Bitterfeld. Bitterfeld, which is in the Russian Zone, was
occupied at that time by American troops. The American Occupation Force was
naturally informed that one of the major Farben works was situated at
Bitterfeld. American specialists and administrative officers accompanied the
troops who immediately commenced investigations of technical installations on
the spot and, in addition and more particularly, of the conditions of foreign
workers. The outcome of these investigations was that, having filled out one of
the usual questionnaires, my client, Dr. Buergin was completely cleared, no
restrictions being imposed upon his freedom. He even received from the
Occupation Forces permission to leave Germany; a privilege which, as is well
known, is granted only in very rare cases today. Dr. Buergin proceeded to a
French firm which, for a long time, had been on friendly business terms with
Farben. This firm, likewise, found nothing objectionable in his conduct, and
accepted him as a member of its staff. There Dr. Buergin was able to carry on
his work in his particular field until the summer of 1947. After the general
indictment had |
__________
¹ The motion requested
that the Tribunal dismiss forthwith all the charges against defendant Kuehne. A
supplementary motion to the same effect was filed again on 8 January 1948. On 1
June 1948, the Tribunal entered an order stating that it would not pass upon
these motions "prior to the rendition of the judgment'' and that the motions
"will be considered in connection therewith after the Tribunal has had the
benefit of the arguments of counsel and their briefs'' (Official Court File,
volume 52, page 2952). In its judgment (section XIII, volume VIII, this
series), the Tribunal found defendant Kuehne not guilty under any of the four
counts under which he was charged.
² Tr. Pages 4855-4865 19 December
1947. The final statement of defendant Buergin to the Tribunal appears in
section XII 6, volume VIII, this series.
311 |
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