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point out that under the second paragraph of count five it is alleged
that the acts and conduct of the defendants set forth in counts one, two, and
three, are, by reference, incorporated in count five. Therefore, evidence of
such acts or conduct may, if it has probative value, be considered with respect
to the alleged conspiracy or common plan to commit crimes against
peace.
I may say that the Tribunal may or may not, in its discretion, be
disposed to discuss some of these questions further in its final judgment. But
that will at least give counsel for the defense who have joined in these
motions the advantage of the conclusion that the Tribunal has reached with
respect to these matters. |
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| C. Poland |
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| 1. INTRODUCTION |
| |
| The specifications of the indictment concerning “Farben in
Poland” appear in paragraphs 97 through 100 of the indictment. Only the
defendants von Schnitzler and ter Meer were convicted under these charges. This
section contains all or parts of seventeen contemporaneous documents written
between July 1939 and August 1941 (2 below). All these documents were
introduced as exhibits by the prosecution either in its case in chief or during
cross-examination of the defendants or defense witnesses. These documents are
followed by the testimony of Defendant Ilgner concerning Farben reports of July
1939 on the most important chemical plants in Poland (3 below). The defendant
Wurster made an inspection trip to certain chemical plants in Poland in late
October 1939. Wurster's entire testimony concerning the subject of spoliation
in Poland has been included herein (4 below). Hermann Schwab, a titular
director of Farben, was one of two trustees appointed by the Reich Ministry of
Economics in late September 1939 to administer the dyestuffs plants in Poland
which came into question under the charges. Schwab was the principal defense
witness on these charges and his testimony has been reproduced in full (5
below). The entire testimony of defendant ter Meer on this subject has also
been included (6 below). Ter Meer was convicted under these charges. The other
defendant convicted under these charges, von Schnitzler, did not elect t to
testify on his own behalf. |
3 |
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