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active in the Francolor matter, though the evidence does indicate
that Farben’s plans to acquire a majority interest in the French dyestuffs
industry came to his attention during the course of his preliminary
negotiations with the Nazi authorities in France prior to the
Rhône-Poulenc transaction. It appears that his connection with the
Francolor matter was only incidental to his major interest and activity in the
Rhône-Poulenc matter. His other knowledge and his activity as a member of
Farben’s Commercial Committee and as a member of the Vorstand are likewise
insufficient for a finding of guilt. What we have said in the case of the
defendant Gajewski in this regard is equally applicable to the case of Mann. As
the Rhône-Poulenc transactions, in which he was the leading actor, do not
constitute a crime within the jurisdiction of this Tribunal, and as the
evidence does not otherwise connect him with other acts declared to be
criminal, Mann is acquitted under count two of the indictment.
Oster. The actions of Oster, with reference to the charges under
this count as to Poland, Alsace-Lorraine, and France, cannot be differentiated
from those of other members of the Vorstand, who, for lack of sufficient
knowledge of the complete facts, cannot be considered as participating in
ordering or authorizing a course of action known to be criminal. The
prosecution, however, charges Oster with special responsibility for his
activities in connection with the case of spoliation in Norway. It appears that
Oster served as a member of the Aufsichtsrat of Norsk-Hydro after the
Nordisk-Lettmetall project was inaugurated, and that from meetings of the
Vorstand and other reports which he received he was informed of the general
nature and purpose of the program for the expansion of light metals in Norway
by the use of the facilities of Norsk-Hydro in the interest of production for
the Luftwaffe. The evidence does not bear out the theory of the prosecution
that the defendant Oster was personally a party to putting pressure on
Norsk-Hydro, or even that he dealt with its officials with duplicity. In fact,
Dr. Ericksen has given a testimonial of Oster’s friendly attitude in the
entire matter. However, the proof establishes that Oster knew that the project
was being carried out against the wishes of Norsk-Hydro, and that Farben was
acquiring permanent interests in properties of Norsk-Hydro through the
Nordisk-Lettmetall project and as a result of the compulsion of the military
occupancy. With his knowledge he approved Farben's participation in the
project. He is guilty, therefore, under count two of the indictment.
Wurster. Immediately after the collapse of Poland, Wurster made
a trip to Poland accompanied by an official of the Reich Office for Economic
Development, for the purpose of inspecting Polish chemical plants. He submitted
a memorandum report in a letter to the defendant Buergin, analyzing conclusions
reached during the inspection trip. |
1165 |
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