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During the same 3 years in which these events occurred, the American
prosecution charged leading German industrialists with having spoliated the
occupied territories during the war, although the prosecution was quite aware
that the actions of German industrialists in the occupied territories cannot be
compared both in kind and extent with the actions in occupied Germany.
At the present time I do not wish to say anything with reference to the
personality of my client Karl Eberhardt. The Tribunal will be able to form a
judgment itself during the trial, and will realize that he is a man who did his
duty, and can in no way be compared to a criminal, which the prosecution wishes
to make of him and the other persons of the Krupp firm. According to the
statements of the prosecution he is not incriminated with any matters which lay
outside the sphere of his activity in the firm Krupp. Whether, however, he
committed criminal acts within the sphere of his activity in Krupp, will be
shown by the presentation of evidence. At the moment I only wish to quote a
sentence uttered by the prosecution, which at the beginning of the opening
statement said: “Today the name ‘Krupp’ is freighted with
associations and preconceptions.”
I am afraid the prosecution
belongs to that circle of people who are victims of such preconceptions loyal
to their principles, namely, to see a criminal in every German industrialist
just because fate made him a German industrialist, who both before and during
the war fulfilled his duty. |
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| J. Opening Statement for the Defendant
Korschan* |
| |
DR. WANDSCHNEIDER: I now read the opening statement for my client,
Dr. Korschan.
The charges made on the basis of Control Council Law No.
10 consist of two groups of offenses which vary according to their significance
and order of importance. Counts one and four form the starting point and
nucleus of the indictment; that is to say, the participation in a common
conspiracy for the commission of crimes against peace and the direct
participation in these crimes, that is, in aggressive wars. The most
encompassing charge is that of a common conspiracy which, according to the
indictment, comprises all other counts, one, two, and three. The war crimes
against humanity which have been charged in the indictment are designated as
means for a purpose, that purpose being “to support Germany in the
conduct, preparation, and institution of further aggressive wars”
(German Tr. p.30), and they only |
__________
* Opening statement is
recorded in mimeographed transcript, 28 March 1948. pp. 4816 4821.
204 |
. 
