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identification. No document marked for identification has been
considered unless it was one the contents of which justified us in taking
judicial notice thereof.
Ordinance No. 7, referred to above, provides
that affidavits shall be deemed admissible. Exercising its right to construe
this ordinance, this Tribunal announced at the beginning of the trial that it
would not consider any affidavit unless the affiant was made available for
cross-examination or unless the presentation of the affiant for
cross-examination had been waived, and this ruling has been strictly adhered
to.
The Tribunal ruled to the effect that the contents of affidavits
made by defendants would only be considered as evidence against the respective
affiants and not as against any other defendant unless such affiant or affiants
took the witness stand and became subject to cross-examination by the other
defendants or their counsel. None of the defendants took the stand to testify
upon the issues in this case, and hence such affidavits have only been
considered in accordance with the ruling made.
The trial was conducted
in two languages with simultaneous interpretations of German into English and
English into German throughout the proceedings.
Final arguments of
counsel have been concluded and briefs have been filed. Each defendant was
given an opportunity to make a statement to the Tribunal in accordance with the
provisions of Article XI of Ordinance No. 7 of the Military Government for
Germany (U.S.). Two of the defendants availed themselves of it, one in behalf
of himself and the other in behalf of himself and the other ten defendants, and
their statements were heard by the Tribunal. The briefs and final pleas of
defense counsel consist of more than 1,500 pages, and counsel for the
defendants consumed 5 days in final arguments. The briefs and arguments covered
every conceivable question of law and fact connected with the case. The closing
arguments were made on 30 June 1948, and the case was then taken under
consideration.
The following named persons, twelve in number, are the
defendants: |
| |
| |
Alfried Felix Alwyn Krupp von Bohlen und Halbach
Ewald Oskar
Ludwig Loeser
Eduard Houdremont
Erich Mueller
Friedrich Wilhelm
Janssen
Karl Heinrich Pfirsch
Max Otto Ihn
Karl Adolf Ferdinand
Eberhardt
Heinrich Leo Korschan |
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1328 |
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