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played a vital and very substantial role in preparing Germany for its
wars of aggression, as well as in the waging of these wars, and that, prior to
the attack on Poland in September 1939, the huge armament production of the
firm was contemplated to be used for purposes of aggression.
Gustav
Krupp not being a defendant in this case, I do not of course express any views
concerning his possible guilt. Furthermore, the Tribunal only had before it the
evidence on counts one and four which was presented by the prosecution in its
case-in-chief since the dismissal of these counts obviated the necessity for
the presentation of the defense evidence. However, on the basis of the
unanswered evidence, I think that the following facts must be concluded
(a) that Gustav Krupp had the ultimate authority and control over the
activities of the Krupp concern for years prior to World War II and until 1943,
and (b) that he did in fact dominate and control the affairs of the
Krupp concern in their many ramifications until after the outbreak of war.
The defendants in this case held no positions on a policy-making level
in the Krupp concern until a comparatively late date. Only the defendants
Alfried Krupp and Loeser were Vorstand members prior to the outbreak of war.
Looser did not join the Krupp firm until October 1937 at which time he
became a Vorstand member. Alfried Krupp did not become a Vorstand member until
a year later. None of the defendants in my opinion, occupied a sufficiently
important position with the Krupp firm at the time to justify charging them
with responsibility for decisions taken or activities engaged in by the firm
prior to approximately 1937. During the ensuing period, at least several of the
defendants attained top positions within the Krupp firm and also in various
most influential government-sponsored organizations. By that time, they had the
power to make, or at least, to influence the basic policies of the giant Krupp
concern.
As to most of these defendants, it is true that the evidence
with respect to both their knowledge and participation is far from
unsubstantial; as to several of them it is well nigh compelling.
31
July 1948 |
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[Signed] WILLIAM J. WILKINS
Judge |
466 |
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