Evening star., 1946-07-26
BY the Associated Prsss

FotLoDtn1 IS d partial teTf, as
released by the War Department,
OF Justice Robert H. Jnckson's
summation at the Nuremberg tOdr
guilt trials:
Mr.. President and members of the
tribunal:
An advocate can be confronted
with few more formidable tasks
than to select his closing arguments
where there is great disparity be-
tween his appropriate time and his
available material. In eight months
"a short time as state trials go
We have introduced evidence which
embraces as vast and varied a pano-
rama of events as has ever been
compressed within the framework
of litigation. 1t Is impossible in
summation to do more than outline
with bold strokes the vitals of this
trials mad and melancholy record,
which will live as the historical text
of the goth century's shame and
depravity.
It Is common to think of our own
time as standing at the apex of
civilization, from which the defici-
encies of preceding ages may patton
izingly be viewed in the light of
what is assumed to be progress. "
The reality is that in the long per-
spectiye of history the present CEN
tury will not hold an admirable po-
sjtion, unless its second half is to
redeem its first. These two-score
years in this Goth century will
be recorded in the box of years as
one of the most bloody in all annals.
II we cannot eliminate the
causes and prevent the repetition of
these barbaric events, it is not an
irresponsible prophecy to say that
this goth century may yet succeed
in bringing the doom of civilization
Goaoed by these facts, we have
moved to redress the blight on the
record of our era. The defendants
complain that our pace is too fast
I In drawing the charter of this tri-
bunal, we thought we were record
ing an accomplished advance In
! international law. But they say that
we have outrun our times. that we
have anticipated an advance that
should be. but has not yet been
made. The defendants, who
except for the charter would have
no right to be heard at all, now
ask that the legal basis of this trial
be nullified.
Nazis Given Their Say.
| Of one thing we may be sure. The
future will never have to ask. with
misgiving, what could the Nazis
have said in their favor History will
know that whatever could be said
they were allowed to say. They have
been given the kind of trial which
they. IN the DAYS of their pomp and
power, never gave to any man.
/ But justice in this case has moth
ing to do with some of the argu-
ments put forth by the defendants
or their counsel. We have not pre-
viouSlv and we need not now dis
cuss the merits of all their obscure
and tortuous philosophy. The
intellectual bankruptcy and moral
perversion of the Nazi regime
might have been no concern OF in
ternational law had it not been
utilized to goosestep the Herrenvolk
across international frontiers.
We charge unlawful aggression
but we are not trying the motives
! hopes. or Illustrations which may
have led Germany to resort to ag-
gressive war as an instrument OF
policy. We may admit that
overlapping chronological and cul-
tural groups. economic barriers, ano
conflicting national ambitions ere
ated in the 1930s, as they will con-
tinue to create. grave problems fol
Germany as well as for the other
peoples of Europe We may admit
too, that the world had failed tc
provide political or legal remedies
which would be honorable and &C
cepta BILE alternatives to war. We de
not underWrite either the ethics ol
the wisdom of any country, includ.
ing my own. in the face of these
problems But we do say that it i:
now, as it was for sometime priol
to 1899, illegal and criminal for Ger
many or any other nation to re
dress grievances or seek expansion
by resort to aggressive war.
The Crimes of the Nazi Regime.
The strength of the case agains
these defendants under the con
spiracy count, which 1t is the duty
of the United States to argue, is il
it's simplicity. 1t involves but thre,
ultimate inquiries: First, have th'
acts defined by the charter a.
crimes been committed: second
were they committed pursuant to ,
common plan or conspiracy; third
are these defendants among thos
who are criminally responsible?
The charge requires examination
of criminal policy, not of mul
titude of isolated. unplanned, or dis
puted crimes. The substantive
crimes upon which we rely, eithe
as goals of common plan or a
means for it's accomplishment, ar
admitted. The pillars which uphol'
the conspiracy charge may be fount
in five groups of overt acts, who's
character and magnitude are impor
tant considerations in appraisini
the proof of conspiracy.
I. THE SEIZURE OF POWER
AND SUBJUGATION OF GER
MANY TO A POLICE STATE.
The Nazi party seized control o
the German state in 1888. "Seizur
of power" is a characterization uset
, by defendants and defense witnesses
and so apt that it has passed int
! both history and every da,
l 1t was made treason. punish
able with death, to organize or sup
port political party other than tn
Nazi party.
The result was the removal of al
peaceable means either to resist o
to change the government. Havin;
Sneaked through the portals of pow