 |
| XIV. CONFIRMATION AND REVISION OF THE SENTENCES BY THE MILITARY
GOVERNOR OF THE UNITED STATES ZONE OF OCCUPATION¹ |
| |
| A. Introduction |
| |
| Under Articles XV and XVII of Ordnance No. 7, the sentences imposed
by the Tribunal are subject to review by the Military Governor. On 1 April
1949, General Lucius D. Clay, Military Governor of the United States Zone of
Occupation, confirmed by separate orders the sentences for a term of years
imposed upon the defendants von Buelow, Eberhardt, Houdremont, Ihn, Janssen,
Korschan, Alfried Krupp, Kupke, Lehmann, Loeser, and Mueller. However, in the
order concerning the sentence imposed on the defendant Alfried Krupp, the
Military Governor altered the provision of the sentence concerning the
forfeiture and confiscation of property. The provision of the sentence reading:
|
| |
" * * * and orders forfeiture of
all your property, both real and personal. The same shall be delivered to the
Control Council for Germany and disposed of in accordance with the provisions
of Article II, Section 3 of Control Council Law No.
10." |
| was changed to read: |
| |
"All property * * * on 31 July
1948 [the day of the Tribunal’s judgment and sentence] is ordered and
declared to be subject to forfeiture and confiscation by the Zone Commander of
the Area of Control in which the same was then located * * *
." |
| The order of the Military Governor confirming and revising the
sentence imposed on the defendant Alfried Krupp is reproduced below in section
B. The order confirming the sentence for a term of years imposed on defendant
von Buelow is reproduced below in section C. The orders confirming the other
sentences for a term of years were similar to the order confirming the sentence
imposed on the defendant von Buelow.² |
__________
¹ Counsel for all the
defendants who had been sentenced addressed petitions to the Military Governor
requesting that the sentences be set aside or modified. The prosecution,
following its previous practice, filed no reply or answer to these defense
petitions. However, with leave of the Military Governor, a “Memorandum in
Support of Affirmance of Property Confiscation Decree,” 28 February 1949.
was submitted by the Honorable James E. Murray on behalf of himself and other
United States Senators. In connection with this memorandum, Mr. Joseph W.
Kaufman, formerly deputy chief counsel for the Krupp trial, acted as counsel.
² At the time this volume was nearing completion, further action
on these sentences was taken by the United States High Commissioner for
Germany. His decision upon review of these sentences will he included in
section XXV, volume XV, this series.
1485 |
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