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| defendants who were plant managers were, in most instances, also
active participants in the utilization of slave-labor in plants under their
jurisdiction, and in instances in which this was not the ease the defendants
knew of, acquiesced in, approved, and were consequently responsible for the
Farben policy involved in such utilization. To review the evidence in detail as
to each defendant, or as to each plant manager, in this opinion, would lengthen
the opinion beyond any reasonable bounds. With respect to the western workers
employed in Farben plants, mitigating circumstances have been shown in regard
to the treatment of some of these workers. It suffices, therefore, to conclude
this separate expression of views by merely stating that I am of the opinion
that each defendant who is a member of the Vorstand should be held guilty under
count three of the indictment and that I disagree with the majority in the
acquittal of defendants Schmitz, von Schnitzler, Gajewski, Hoerlein, von
Knieriem, Schneider, Buergin, Haefliger, Ilgner, Jaehne, Kuehne,
Lautenschlaeger, Mann, Oster, and Wurster. These defendants are, in my opinion,
guilty subject to such individual consideration of mitigating circumstances as
should be considered in fixing their punishment. |
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[Signed] PAUL M. HEBERT
Judge
Military Tribunal VI
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1325 |
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