 |
concerning the economic and technical conditions of the plant and an
approval by the Vorstand concerning some steps to be taken pursuant to
acquiring these plants — it seems to me it is exceedingly clear.
PRESIDING JUDGE SHAKE: That is just the point that I was thinking
about; your point last mentioned there. I think that I remember that you had
evidence in chief on that, did you not, on the organization of this buffer
company?
MR. SPRECHER: Yes, Your Honor, there has been evidence
concerning that buffer company, but the last witness indicated that there was
no relationship between his activities and this acquisition. Perhaps
introducing this document would have been anticipatory and cumulative —
and Your Honors specifically asked us to avoid introducing anticipatory and
cumulative evidence at the early stage of this trial. We have attempted to
comply. Now, when we come to a piece of testimony like we have just had, I
don't think this is any longer anticipatory, and it is certainly no longer
cumulative, and adds to the whole coordination between the trip which this
defendant had — although we certainly do not say that that was the only
thing that inspired Farben to acquire the Boruta plant. But we do submit that
it shows a direct relationship which Your Honors must consider in connection
with measuring the conduct of this and other defendants.
PRESIDING
JUDGE SHAKE: Well, I am more concerned about keeping the prosecution conscious
of not abusing the functions of rebuttal by giving us cumulative documents than
I am about the question on this particular document. Your point may be well
taken, but please scrutinize your documents pretty carefully so that we do not
got ourselves into a situation of having documents presented under the pretext
of rebuttal that should have been in chief. That is just an admonition. I am
not ready to say that this violates that rule; I just wish you would watch that
because that is a danger that is hard to guard against. |
| |
| * * * * * * * * * * |
| |
| 5. TESTIMONY OF DEFENSE WITNESS SCHWAB |
| |
EXTRACTS FROM THE TESTIMONY OF DEFENSE
WITNESS HERMANN
SCHWAB* |
| |
| DIRECT EXAMINATION |
| |
| DR. VON KELLER (associate counsel for defendant von Schnitzler):
Witness, for the record, will you please state the date and place of your
birth? |
__________
* Complete testimony is
recorded in mimeographed transcript, 29 and 30 January 1948, pp. 6052-6135.
36 |
. 
