 |
This, because charges of
conspiracy are not to be made out by piling inference upon inference, thus
fashioning what, in that case, was called a dragnet to draw in all substantive
crimes.” |
Count five charges that the acts and conduct of the defendants set
forth in count one and all of the allegations made in count one are
incorporated in count five. Since we have already reached the conclusion that
none of the defendants participated in the planning or knowingly participated
in the preparation and initiation or waging of a war or wars of aggression or
invasions of other countries, it follows that they are not guilty of the charge
of being parties to a common plan or conspiracy to do these same things.
We find that none of the defendants is guilty of the crimes set forth
in counts one and five. They are, therefore, acquitted under said counts.
THE PRESIDENT: Judge Hebert will continue reading of the judgment.
|
| |
| COUNT TWO |
| |
JUDGE HEBERT: Substance of the Charge
Under count two
of the indictment all of the defendants are charged with the commission of war
crimes and crimes against humanity. It is alleged that war crimes and crimes
against humanity, as defined by Control Council Law No. 10, were committed in
that the defendants, during the period from 12 March 1938 to 8 May 1945, acting
through the instrumentality of Farben, participated in the “plunder of
public and private property, exploitation, spoliation, and other offenses
against property, in countries and territories which came under the belligerent
occupation of Germany in the course of its invasions and aggressive wars.”
The charge recites that the particulars set forth constitute “violations
of the laws and customs of war, of international treaties and conventions,
including Articles 46-56, inclusive, of the Hague Regulations of 1907, of the
general principles of criminal law as derived from the criminal laws of all
civilized nations, of the internal penal laws of the countries in which such
crimes were committed, and of Article H of Control Council Law No. 10.”
The indictment charges that the acts were committed unlawfully,
willfully, and knowingly, and that the defendants are criminally responsible
"in that they were principals in, accessories to, ordered, abetted, took a
consenting part in, were connected with plans and enterprises involving, and
were members of organizations or groups, including Farben, which were connected
with the commission of said crimes.”
Proceeding from the general
findings of the IMT on the subject of plunder and pillage, the indictment
further charges: |
1128 |
. 
