COUNT FOUR (Contd.) (Mr. Smirnov): Extermination of Jews-number of victims in Poland, Czechoslovakia and Yugoslavia. Oral evidence of Soviet citizen Abram Gerzevitch Suzkever, Jewish writer, on extermination of Jews in Vilna, Lithuania: Experiments on living persons, particularly by Dr. Rascher at Auschwitz (Oswiecim) camp and murder of mental patients. Oral evidence: of Polish citizen Severina Shmaglevskaia on Nazi atrocities against children at Auschwitz camp; of Polish citizen Samuel Rajzman on Treblinka camp gas chambers; Death factories at Treblinka and Helmno camps; Persecution of the Church. Oral evidence of the very Rev. Nicolai Ivanovitch Lomakin, Archdeacon of Leningrad churches, on conditions in Leningrad under German bombardment
Argument on Organizations: Prosecution's views: Mr. Justice Jackson: The organizations as integral components of Nazi despotism Declaration of organizational criminality: Precedents in American, English and German law; Conspiracy principles and their application as criteria for criminality of organizations; The triable issue - its bearing on relevance of evidence Procedural suggestions. Reasons for singling out the indicted organizations for trial; Analysis of indicted organizations as to elements of criminality and connection with individual defendants (Sir David Maxwell Fyfe): Precedents for outlawing organizations: in French law (M. Champetier de Ribes); in USSR penal code (General Rudenko). Defence Counsel's replies: Motion by Defence Counsel for Leadership Corps for separate trial of organizations
Prosecution's rejoinder. Tribunal's questions to Prosecution and Defence
Defence Counsel's argument in rebuttal
COUNT FOUR (concluded) (Mr. Smirnov): British Government's report on the murder Of 50 RAF officers from "Stalag Luft III" (see Part 7, P. 326); Arguments on Defence Witnesses and Documents (concluded): Defence Counsel's submission and Prosecution's views on witnesses and documents for defendants Ernst Kaltenbrunner, Alfred Rosenberg, Hans Frank, Wilhelm Frick...
...Julius Streicher, Walter Funk, Hjalmar Schacht. Tribunal denies application Of 28.2-46 for separate trial of organizations. Karl Donitz...
...Erich Raeder, Baldur von Schirach, Fritz Sauckel, Alfred Jodl...
...Franz von Papen, Artur Seyss-Inquart, Albert Speer Constantin von Neurath, Hans Fritzsche. Supplementary applications for evidence by defendants Hess, Sauckel, Goering.
Submission of Evidence by Defence: The case for GOERING: Introductory remarks by his Defence Counsel on Versailles Treaty and disarmament; Oral evidence given by Karl von Bodenschatz, General of the Luftwaffe and Erhard Milch, Field-Marshal of the Luftwaffe on: Building up of Luftwaffe, Munich Agreement, Goering-Dahlerus conference of August, 1939; Poland: Conference of 23.5.39, Frontier incident of August 1939. Russian campaign, Concentration camps, Medical experiments on concentration camp inmates, Pogrom of November 1938, Elimination and annihilation of Jews, Forced Labour, Central Planning Board, The "Stalag Luft III" case, Decline of Goering's influence, Question of resignation under Nazi regime. Examined by Counsel for other defendants
Oral evidence given by Erhard Milch, Field-Marshal of the Luftwaffe: Building up of Luftwaffe, Poland: Conference of 23.5.39, Russian campaign, Concentration camps, Medical experiments on concentration camp inmates, Elimination and annihilation of Jews, Forced Labour, Central Planning Board, The "Stalag Luft III" case, Question of resignation under Nazi regime. Examined by Counsel for other defendants
Under the Authority of H.M. Attorney-General
By His Majesty's Stationery Office
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