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PRESIDING JUDGE SHAKE: Well, the rules that cover matters of that
kind are not invariable. If the defense counsel have not been taken by surprise
and have had the document, as the prosecution has indicated, in advance, and
had notice that the prosecution intended to offer the document, no harm is done
the defense, unless it is a fact that they may wish to ask the defendant
something about it.
Your objection is overruled. But if, within the
rules of direct or redirect examination, you want to interrogate the defendant
about it, do it very briefly; we will permit you to do it. Is there anything
further you want to make inquiry about?
DR. VON KRAFFT: In that case, I
should like to afford Mr. Kugler an opportunity to state his position with
respect to this document, and with respect to the sentence just mentioned by
Mr. Newman.
PRESIDING JUDGE SHAKE: If the defendant has something to
say about it, and it would not take too much time to do it, we will afford you
that opportunity.
DEFENDANT KUGLER: I have already read that document.
The sentence which was referred to when the document was introduced, considered
in the light of my statements during redirect examination, gives no occasion
for any further explanations. From a factual point of view, it covers exactly
what I have already testified, about the way the stipulations concerning future
developments in this contract came about. I would like to add this: This letter
as a whole is an excellent proof that one cannot state that Farben prepared
drafts of the contracts and submitted them to the Frenchmen for their
signature, but that, on the contrary, there were discussions and conferences
lasting for months, and in that way the structure of the contract was worked
out.
DR. VON KRAFFT: Your Honors, I have no further
questions. |
| |
| |
| 6. TESTIMONY OF DEFENDANT TER MEER (SECOND PART) |
| |
EXTRACTS FROM THE TESTIMONY OF
DEFENDANT TER
MEER* |
| |
| DIRECT EXAMINATION |
| |
| * * * * * * * * * * |
| |
DR. BERNDT (counsel for defendant ter Meer) : With Your Honors’
permission, I shall now examine Dr. ter Meer about the Francolor questions.
Dr. ter Meer, from your curriculum vitae that you have given us
here we know that from 1910 to 1913 you lived in France. May I ask you whether,
from that period and from a later time, you knew — or you know — the
structure of the chemical industry of France?
DEFENDANT TER MEER: Yes.
|
__________
* Further extracts are
reproduced in subsections C, 6 D 3 above; in subsections E 4, IX F 2 below, and
earlier in sections VII C 5b, E 3, G 3, H 4b, I 7c, J 4, K
3a, L 3d, M 3, and O 7a In Volume VII, this
series.
211 |
. 
