As I see it, there is a contradiction in the Indictment, and I would like it clarified, so that we shall not be at cross-purposes in our final speeches.
I can put it quite briefly. It is the question of whether Dr. Schacht is accused also of Crimes against Humanity, that is, not only the crime of conspiracy concerning the war of aggression, but also the typical crimes against humanity, for on this point the individual passages, both of the Indictment and of the Prosecution speech in which the charges were presented, are at variance. I wanted to take the liberty of pointing out the contradictory passages and to ask the Prosecution to be kind enough to state conclusively at some future occasion whether Schacht is accused also on Count Three and Four of the Indictment. In presenting the charges the Prosecution stated, and that indicates that the Prosecution will limit itself to Counts One and Two:
“Our evidence against the Defendant Schacht is limited to the planning and preparation of aggressive war and his participation in the conspiracy for aggressive war.”
Similar statements are on Page 3 of the trial brief. Also, in Appendix A of the Indictment the charges against Schacht are limited to Counts One and Two. However, on Page 1 of the Indictment we find the following:
“...accuse as guilty...of Crimes against Peace, War Crimes, and Crimes against Humanity, and of a Common Plan or Conspiracy to commit those Crimes....”
And then all the defendants are listed, including the Defendant Hjalmar Schacht.
On Page 17 of the German text of the Indictment we read:
“On the basis of the facts previously stated, the defendants”—that is, all the defendants—“are guilty.”
That is, all the defendants are guilty of Counts One, Two, Three, Four. It also states, on Page 18 of the Indictment:
“All defendants committed, from 1 September 1939 to 8 May 1945, War Crimes in Germany and in countries and territories occupied by German troops after 1 September 1939 and in Austria, Czechoslovakia, Italy, and on the high seas.”