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| Xl. JUDGMENT |
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| A. Opinion and Judgment of Military Tribunal
III* |
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| The opinion and judgment of Military Tribunal III in the matter of
the United States of America against Alfried Krupp, et al., defendants, sitting
at Nuernberg, Germany, 31 July 1948, the Honorable Hu C. Anderson, presiding.
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JUDGE DALY: This Tribunal was established by and under an order
issued by command of the United States Military Commander and Military Governor
of Germany (U.S.), and the undersigned were designated as the members thereof.
As thus constituted the Tribunal entered upon and completed the trial of the
case. The indictment was filed with the Secretary General of Military Tribunals
on 16 August 1947 and the case was assigned to this Tribunal for trial. A copy
of the indictment in the German language was served upon each defendant on 18
August 1947. The defendants were arraigned on 17 November 1947, each defendant
entering a plea of “not guilty” to all charges preferred against him.
Thirty-four German counsels selected by the twelve defendants were approved and
have represented the respective defendants. One defendant was represented by an
American attorney, selected by him, in addition to German counsel.
The
presentation of evidence by the prosecution in support of the charges was
commenced on 9 December 1947, and was followed by evidence offered by the
defendants. The taking of evidence was concluded on 9 June 1948. The Tribunal
has heard the oral testimony of 117 witnesses presented by the prosecution and
the defendants and 134 witnesses have been examined before commissioners
appointed under the authority of Ordinance No. 7, of Military Government for
Germany (U.S.) establishing the procedure for these trials. One thousand four
hundred and seventy-one documents offered by the prosecution have been admitted
in evidence as exhibits. One hundred and forty-five documents offered by the
prosecution have been marked for identification. Two thousand eight hundred and
twenty-nine documents offered by the defendants have been admitted in evidence
as exhibits and 318 documents offered by the defendants have been marked for
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* The dissenting opinion of
Presiding Judge Anderson to the sentence is reproduced below in section XII.
The dissenting opinion of Judge Wilkins to the dismissal of certain of the
charges of spoliation is reproduced below in section XIII. The judgment of
Tribunal III is recorded in mimeographed transcript, 31 July 1948. pp.
13231-13402.
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