The Nizkor Project: Remembering the Holocaust (Shoah)

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THE PRESIDENT: Could you tell us what is proposed for to-morrow?

M. FAURE: To-morrow, M. Gerthoffer will, if it suits the Tribunal,
make a statement on the looting of art treasures. A problem is
involved here. For at the time when this would normally have been
done, we decided to dispense with it, thinking that a reference to the
American document would be sufficient. On consulting our American
colleagues, however, it appeared that they themselves relied on that
part of the matter being presented by the French Prosecution. So, if
the Tribunal does not object to our returning to the subject now, a
statement will be presented to this effect.

On the other hand, one of the magistrates of the French delegation
proposes to present a brief which recapitulates systematically the
charges against each of the defendants, according to the documents and
briefs submitted.

THE PRESIDENT: I think the Tribunal would hope that the expose on the
looting of art treasures will be quite short, as it must be
cumulative, because, you will remember, we had at some stage of the
trial presented to us some 30 or more books of art treasures which had
been taken away from various parts of Europe and France, and all
photographed by the Germans themselves, and therefore any evidence
which would now be given would be cumulative.

M. FAURE: That is why I asked the Tribunal whether it would agree to
this procedure; but at any rate, if the Tribunal considers that the
statement can be made, it will be only a very short one which will
take about two hours.

DR. THOMA (counsel for defendant Rosenberg): If I understood M. Faure
correctly, he asked the Tribunal whether the confiscation and
plundering of works of art in France would again be dealt with to-
morrow. I would like to add that the American prosecution has already
declared before this Tribunal that the question of the plundering of
works of art would not be dealt with again. Accordingly, I myself, as
representing Rosenberg, and my colleague, Dr. Stahmer, as representing
Goering, took steps to cancel calling witnesses whom we had planned to
summon. If, however, the French prosecution intends to submit new
material, we must have these witnesses called. For this reason, I
would like to ask the Tribunal to decide whether it is necessary for
the confiscation of works of art in France to be taken up once more.

                                                             [Page 99]
THE PRESIDENT: I think defendant's counsel must be wrong in thinking
that the United States counsel said anything which meant that the
French prosecution could not produce further evidence with reference
to the spoliation of art treasures. I cannot think the United States
counsel had any authority to do that and I had understood myself that
this part of the prosecution had been omitted by one of the French
counsel on account of the request of the Tribunal to shorten their
argument. Was that not so?

M. FAURE: That is quite true, Mr. President. Your interpretation is

THE PRESIDENT: I think the Tribunal would wish that the presentation
should be made, if the French prosecutors desire it, but it should be
made as short as possible.

M. FAURE: Thank you.

(Whereupon, at 17.25 hours the Tribunal adjourned until 10.00 hours on
                    Wednesday, 6th February, 1946.)

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