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the field of coal hydrogenation, acetylene chemistry, and many other
fields of chemical industry. Whereas in 1928, the turnover in nitrogen still
made up over a third of the total turnover of Farben, the picture 10 years
later was already so changed that the nitrogen turnover comprised only about
half of that, viz, about 15 percent of the Farben turnover.
I may add
that while the nitrogen production of all the nitrogen producers in Germany
increased by about 25 percent from 1929 to 1939, Farben's share showed a
consistent downward trend. I mention this, in order to make it quite clear that
my client's sphere of work was — from the point of view of Farben — a
side activity of small significance, and that the preponderant part of his
energies was transferred more and more to the Stickstoff-Syndikat. It is not my
intention, nor the desire of my client, to minimize his importance and
responsibility. I merely wish to make it clear that Dr. Oster worked
essentially in a field that lay outside of the limits drawn by the indictment.
This point is further illustrated by the fact that, when he retired in 1944, it
was not intended to appoint his successor in the Syndikat to membership in the
Vorstand of Farben. During the presentation of my evidence, I shall produce
proofs of these facts which I have here only indicated.
As Dr. Oster's
position was a commercial one, it was understandable that he became a member of
the Commercial Committee. I will produce proof that the importance possessed by
this Committee fell far short of that ascribed to it by the prosecution, and
that my client's role in this Committee also was a minor one, since he did not
have behind him the commercial organization of Farben which the other directors
of the sales combines did possess; moreover, he had no authority to apply the
suggestions and decisions taken there to the differently constituted
organization of the Stickstoff-Syndikat. The Syndikat was not governed by any
regulations initiated by Farben.
Having briefly outlined the facts
which will make clear the position of my client, may I express the conclusions
which I draw from them. It is evident, from the immense scope of Farben and the
merely subsidiary sphere of activity of my client, that many things in the
activity of Farben must have been unknown to him. I have mentioned this to
support my assertion that in an Aktiengesellschaft of such an extent, it is
impossible that the individual members of the Vorstand could be made
responsible for the entire activity of the firm. Farben cannot, in this
connection, be regarded on the same level as the average Aktiengesellschaft; it
must be realized that Farben, even after its amalgamation with several other
firms, remained |
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