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early as 1935 Farben developed hexogen and an experimental factory to
gain manufacturing experience [NI-6144, Pros. Ex. 110]. This was in
close collaboration with Dynamit A. G. and Army Ordnance [NI-6498, Pros. Ex. 111].
Hexogen has no substantial peacetime use.
Farben produced all of the
stabilizers in Germany [NI-10008, Pros. Ex. 612; NI-10010, Pros. Ex.
615]. These products are essential to preventing premature explosion of
gunpowder. The construction of stand-by plants for stabilizers was planned by
Farben in conjunction with the Army Ordnance department of the Wehrmacht as
early as 1935 [NI-5762, Pros. Ex. 108; NI-4488, Pros. Ex. 115].
The production planned even at that early date has been estimated as sufficient
to sustain production of 11,875 tons of gunpowder per month.
Much
conflicting evidence has been presented as to whether Farben and its
subsidiaries produced most of the high explosives and gunpowder used by the
German forces. The evidence shows that Dynamit A. G., Wasagchemie,
Verwertchemie and Deutsche Sprengchemie produced most of the high explosives
and gunpowder from raw material and intermediate products of Farben. Heinrich
Schindler, a defense witness who was chief engineer in the Dynamit A. G.,
testified that based upon detailed compilations made by him, subsidiaries of
Farben produced 92 percent of all explosives used by Germany from 1930 to 1944
and 86.5 percent of all gunpowder during the same period. For the year 1938,
they produced 82.5 percent of all explosives and 100 percent of gunpowder.
It was seriously contended, however, that Dynamit A. G., the largest
producer of explosives, was an independent enterprise for which Farben was in
no way responsible. I have carefully reviewed the evidence and concluded that
the control of Dynamit A. G. rested with Farben [NI-8313, Pros. Ex. 325]
and it cannot escape responsibility for the direct production of explosives in
the war program. The elements of control of Dynamit A. G. by Farben included
(1) financial, through its holding of 60.5 percent of total preferred and
common stock and a contract dated 17 September 1926; (2)
“organizationally,” through being grouped in Sparte 3 under defendant
Gajewski, who was a member of the Aufsichtsrat of the Dynamit A. G.
(1936-1945), and through defendant Schmitz, who was a member of the
Aufsichtsrat (19261945) and chairman of the Aufsichtsrat of Dynamit A. G. from
1938 on, and Paul Mueller, director General of Dynamit A. G. being a member of
TEA of Farben; (3) economic through its dependence upon Farben plants for their
intermediates for the production of explosives and gunpowder and the
requirements that Dynamit A. G. had to get approval of Farben for expansion or
construction of new plants and |
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