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Upon the facts hereinabove found, we conclude beyond a reasonable
doubt that the defendants Krupp, Loeser, Houdremont, Mueller, Janssen, Ihn,
Eberhardt, Korschan, von Buelow, Lehmann, and Kupke are guilty on count three
of the indictment. The reasons upon which these findings of guilt are based
have been set forth heretofore in the discussion of the facts under count
three.
The nature and extent of their participation was not the same in
all cases and therefore these differences will be taken into consideration in
the imposition of the sentences upon them. The evidence presented against the
defendant Karl Pfirsch we deem insufficient to support the charges against him
set out in count three, and we therefore acquit the defendant Karl Pfirsch on
count three of the indictment. The defendant Karl Pfirsch having been acquitted
upon all counts upon which he was charged, shall be discharged by the Marshal
when the Tribunal presently adjourns.
I have signed the judgment
subject to reservations made of record in the proceedings of 31 July
1948.¹ |
| |
[Signed] HU C. ANDERSON, Presiding Judge
EDWARD J. DALY, Judge |
| |
| I concur with the judgment in all respects except as appears in my
dissenting opinion which follows.² |
| |
| [Signed] WILLIAM J. WILKINS, Judge |
| |
| Dated at Nuernberg, Germany, this 31st day of July
1948 |
| |
| |
| B. Sentences |
| |
PRESIDING JUDGE ANDERSON: The Tribunal will now proceed to pronounce
sentences on those of the defendants who have been found guilty, and since I am
in respectful disagreement with my colleagues about that phase of the
matter,³ I will ask them to perform that task. Judge Daly.
JUDGE
DALY: The defendant ALFRIED FELIX ALWYN KRUPP VON BOHLEN UND HALBACH will
arise.
On the counts of the indictment on which you have been
convicted, the Tribunal sentences you to imprisonment for twelve
|
__________
¹ Presiding Judge
Anderson’s reservations were directed to the sentences imposed by the
Tribunal and are found in his dissenting opinion which is reproduced below in
section XII.
² Judge Wilkins’ dissenting opinion to the
dismissal of certain of the charges of spoliation appear below in section XIII.
³ Presiding Judge Anderson’s dissenting opinion as to the
punishment of all the defendants, except for the defendant Kupke, is reproduced
below in section XII.
1449 |
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