particular crime and a common design or conspiracy to commit the same
crime. In legal concept there can be no material difference to plan,
scheme, or conspire to commit a crime. But of them all, the conspiracy
to commit the crimes charged in the indictment is the most realistic
because the Nazi crimes are in reality indivisible and each plan,
scheme, or conspiracy proved in the instant case was in reality an
interlocking part of the whole criminal undertaking or enterprise.
That Control Council Law No. 10 and Ordinance 7 authorize a conviction
for committing war crimes and crimes against humanity by conspiracy to
commit certain acts, which are defined or recognized as war crimes or
crimes against humanity by international law and by Control Council Law
No. 10, is clear.
In paragraph I (_a_) of article II of Control Council Law No. 10, as in
article 6 (_a_) of the London Charter, it is provided that a conspiracy
to initiate or wage an aggressive war is a crime against peace. The
defendants are not charged with having committed or conspired to
commit a crime against the peace but were so charged in the first
international trial.
In discussing the issue of conspiracy the International Military
Tribunal limited the scope of its inquiry to consideration of
conspiracy to initiate or wage an aggressive war. It did not determine
whether a conspiracy could be recognized as a crime under international
law relating to war, or whether a conspiracy to commit such a crime
had in fact been proved. It merely held that the concept of conspiracy
under its Charter was more restricted than that set forth in the
indictment which the prosecution sought to prove. That Tribunal did not
construe article II of Control Council Law No. 10 to determine whether
it authorized the punishment of a separate crime of conspiracy. Neither
did it determine whether the offenses of war crimes or crimes against
humanity could be committed by the acts which in fact constitute a
conspiracy to commit such crimes.
The Charter of the International Tribunal provided in article 6 (_c_)
that:
* * * * * * *
“Leaders, organizers, instigators and accomplices participating
in the formulation or execution of a common plan or conspiracy
to commit any of the foregoing crimes are responsible for all
acts performed by any persons in execution of such plan.”
This provision of the International Charter is not found in Control
Council Law No. 10. In lieu thereof the following pertinent and
significant language was used [Article II]:
“2. Any person without regard to nationality or the capacity
in which he acted, is deemed to have committed a crime as
defined in paragraph 1 of this article, if he was (_a_)
a principal or (_b_) was an accessory to the commission
of any such crime or ordered or abetted the same or (_c_)
took a consenting part therein or (_d_) was connected with
plans or enterprises involving its commission or (_e_)
was a member of any organization or group connected with the
commission of any such crime or (_f_) with reference to
paragraph 1 (_a_), if he held a high political, civil or
military (including General Staff) position in Germany or in
one of its Allies, co-belligerents or satellites, or held high
position in the financial, industrial or economic life of any
such country.”
This language in detail defines the acts which constitute aiding and
abetting and is so specific and so comprehensive that it has defined
conspiracy without employing the word. The language omits no element of
the crime of conspiracy. As a rule there can be no such thing as aiding
and abetting without some previous agreement or understanding or common
design in the execution of which the aider and abetter promoting that
common design has made himself guilty as a principal.
The foregoing provisions of paragraph 2 were intended to serve some
useful purpose. War crimes and crimes against humanity had been defined
or recognized and illustrated in paragraph 1 of Law No. 10 and did
not need further explanation. Obviously, the provisions of paragraph
2 were intended to provide that if the act of one person did not
complete the crime charged, but the acts of two or more persons did,
then each person “connected with the plans or enterprises involving its
commission” is guilty of the crime. This is the gravamen of the law
of conspiracy. Conspiracy is universally known as a plan, scheme, or
combination of two or more persons to commit a certain unlawful act or
crime.
The conspiracies charged in the indictment and defined by Law No.
10 are conspiracies or plans to commit war crimes or crimes against
humanity, which are established crimes under international laws or
customs of war. In the very nature of such crimes their commission is
usually by more than one person. Therefore the purpose of showing the
conspiracy to commit such crimes was to establish the participation of
each defendant and the degree of his connection with such crimes.
Since the language of paragraph 2 of Law No. 10 expressly provides
that any person connected with plans involving the commission of a
war crime or crime against humanity is deemed to have committed such
crimes, it is equivalent to providing that the crime is committed
by acts constituting a conspiracy under the ordinary meaning of the
term. Manifestly it was not necessary to place the label “conspiracy”
upon acts which themselves define and constitute in fact and in law a
conspiracy. Paragraph 2 was so interpreted by the Zone Commander when
he issued Military Government Ordinance No. 7, which authorized the
creation of this and similar military tribunals, and which provides in
article I that--
“The purpose of this Ordinance is to provide for the
establishment of military tribunals which shall have power to
try and punish persons charged with offenses recognized as
crimes in article II of Control Council Law No. 10, including
conspiracies to commit any such crimes. * * *.”
The prosecution also placed the same interpretation upon paragraph 2,
because paragraph 2 of count one of the indictment charges that the
“defendants herein * * * were principals in, accessories to, ordered,
abetted, took a consenting part in, and were connected with plans and
enterprises involving the commission of war crimes and crimes against
humanity.” Evidently the drawer of the indictment had before him
paragraph 2 of Control Council Law No. 10 and made its language the
basis of the charging of a conspiracy to commit war crimes or crimes
against humanity.
Furthermore, it is apparent that the declared purpose of Ordinance No.
7, as set forth in article I thereof, is part and parcel of the entire
ordinance as much as any other article thereof and the other articles
of the ordinance, as well as Law No. 10, must be construed and applied
in the light of article I. In fact article I is distinctly that portion
of Ordinance No. 7 which defines the jurisdiction of the military
tribunals authorized by it.
The Tribunal should therefore declare that military tribunals as
created by Ordinance No. 7 have jurisdiction over “conspiracy to
commit” any and all crimes defined in article II of Law No. 10. After
all, from a practical standpoint, it can make little difference to any
defendant whether the Tribunal finds that such defendant is a member of
a conspiracy to commit crimes on the one hand, this being the language
of article I of Ordinance No. 7, or on the other hand whether the
Tribunal should find he was (a) a principal or (b) an accessory or that
he abetted the same or (c) took a consenting part therein or (d) was
connected with plans or enterprises involving commission of crimes,
these latter descriptions being the language of paragraph 2 of article
II of Law No. 10.
In most modern English and American jurisprudence, conspiracy pure and
simple is not recognized as a separate crime. The only legal importance
of finding that any accused person is a party to a conspiracy is to
hold the conspirator responsible as an aider and abetter of criminal
acts committed by other parties to the conspiracy. If the party
knowingly aided and abetted in the execution of the plan and became
connected with plans or enterprises involving the commission of war
crimes and crimes against humanity, he thereby became a co-conspirator
with those who conceived the plan. It makes no difference whether the
plan or enterprise was that of only one of the conspirators. Upon this
point we quote from the judgment of the International Tribunal--
“The argument that such common planning cannot exist where there
is complete dictatorship is unsound. A plan in the execution
of which a number of persons participate is still a plan, even
though conceived by only one of them; and those who execute the
plan do not avoid responsibility by showing that they acted
under the direction of the man who conceived it.”[681]
This holding answers the further contention that one connected
with execution of such a plan of Hitler could not be guilty of
conspiracy, or punishable for helping carry out the plan or scheme as a
co-conspirator. It is undoubtedly true that not all of the defendants
had any part in the formulation of the plan, scheme, or conspiracy of
the Nazi regime’s Ministry of Justice to carry out the NN decree, but
they did know of its illegality and inhumane purpose and helped to
carry it out. The facts show beyond a reasonable doubt that they did
knowingly aid, abet, and become connected with the plan, scheme, or
conspiracy in aid of waging the war and committed those war crimes [and
crimes] against humanity as charged in the indictment. A more perfect
plan or scheme to show a conspiracy to commit crimes could hardly be
written than was the agreement entered into by the OKW, Ministry of
Justice, and the Gestapo to execute and carry out the Hitler Night and
Fog decree. All the defendants who took a part in the execution and
carrying out of the NN Decree knew of its illegality and of its cruel
and inhumane purposes.
[Signed] MALLORY B. BLAIR
Judge of Military Tribunal III
SENTENCES[682]
THE MARSHAL: The Tribunal is again in session.
PRESIDING JUDGE BRAND: The Tribunal is informed that the
defendant Schlegelberger is in a condition of illness rendering it
impossible for his attendance and that his counsel desires that
sentence be pronounced in his absence; in other words, that he waive
the presence of the defendant Schlegelberger at the time of sentence.
Is our understanding correct, Dr. Kubuschok?
DR. KUBUSCHOK: Yes, Your Honor.
PRESIDING JUDGE BRAND: The Tribunal will now impose sentence
upon those defendants who have been adjudged guilty in these
proceedings.
This Tribunal has adjudged the defendant FRANZ SCHLEGELBERGER
guilty on counts two and three of the indictment filed in this case.
For the crimes of which he has been convicted, this Tribunal sentences
him to imprisonment for life.
The Marshal will produce before the Tribunal the defendant Klemm.
HERBERT KLEMM, on the counts of the indictment on which you
have been convicted, this Tribunal sentences you to imprisonment for
life.
The Marshal will produce before the Tribunal the defendant Rothenberger.
KURT ROTHENBERGER, on the counts of the indictment on which
you have been convicted, this Tribunal sentences you to seven years’
imprisonment. You will receive credit upon your sentence for the time
already spent in confinement awaiting and pending trial.
The Marshal will bring before the Tribunal the defendant Ernst Lautz.
ERNST LAUTZ, on the counts of the indictment on which you have
been convicted, this Tribunal sentences you to ten years’ imprisonment.
You will receive credit upon your sentence for the time already spent
in confinement awaiting and pending trial.
The Marshal will produce the defendant Wolfgang Mettgenberg.
WOLFGANG METTGENBERG, on the counts of the indictment on which
you have been convicted, this Tribunal sentences you to ten years’
imprisonment. You will receive credit upon your sentence for the time
already spent in confinement awaiting and pending trial.
The Marshal will remove this defendant from the court and produce the
defendant Wilhelm von Ammon.
Defendant WILHELM VON AMMON, on the counts of the indictment
on which you have been convicted, this Tribunal sentences you to ten
years’ imprisonment. You will receive credit upon your sentence for the
time already spent in confinement awaiting and pending trial.
The Marshal will remove this defendant from the court and will produce
the defendant Guenther Joel.
GUENTHER JOEL, on the counts of the indictment on which
you have been convicted, this Tribunal sentences you to ten years’
imprisonment. You will receive credit upon your sentence for the time
already spent in confinement awaiting and pending trial.
The Marshal will remove this defendant from the court and will produce
the defendant Oswald Rothaug.
Defendant OSWALD ROTHAUG, on the count of the indictment
on which you have been convicted, this Tribunal sentences you to
imprisonment for life.
The Marshal will remove this defendant from the court and will produce
the defendant Rudolf Oeschey.
RUDOLF OESCHEY, on the counts of the indictment on which you
have been convicted, this Tribunal sentences you to imprisonment for
life.
The Marshal will remove this defendant from the court and will produce
the defendant Josef Altstoetter.
JOSEF ALTSTOETTER, on the count of the indictment on which
you have been convicted, this Tribunal sentences you to five years’
imprisonment. You will receive credit upon your sentence for the time
already spent in confinement awaiting and pending trial.
The Marshal will remove the defendant from the courtroom.
The Tribunal now stands adjourned without day.
THE MARSHAL: This Tribunal now adjourns without day.
(At 1745 hours, 4 December 1947, the Tribunal was adjourned.)
X. CONFIRMATION OF SENTENCES BY THE MILITARY
GOVERNOR OF THE UNITED STATES ZONE OF
OCCUPATION[683]
A. Introduction
Under articles XV and XVII of Ordinance No. 7, the sentences imposed
by a tribunal are subject to review by the Military Governor. On 18
January 1949, General Lucius D. Clay, Military Governor of the U.S.
Zone of Occupation, confirmed by separate orders the life sentences
imposed upon the defendants Klemm, Oeschey, Rothaug, and Schlegelberger
and the sentences for a term of years imposed upon the defendants
Altstoetter, von Ammon, Joel, Lautz, Mettgenberg, and Rothenberger. The
order confirming the life sentence upon the defendant Schlegelberger is
reproduced below.
B. Order of the Military Governor confirming the life
sentence imposed upon the defendant Schlegelberger
HEADQUARTERS, EUROPEAN COMMAND
Office of the Commander-in-Chief
APO 742
Berlin, Germany
18 January 1949
Military Tribunal III
Case No. 3
In the Case of The
United States of America
_vs._
Josef Altstoetter, et al.
_Order with respect to Sentence of Franz Schlegelberger_
In the case of the United States of America against Josef Altstoetter,
et al., tried by United States Military Tribunal III, Case No. 3,
Nuremberg, Germany, the defendant Franz Schlegelberger, on 4 December
1947, was sentenced by the Tribunal to life imprisonment. A petition
to modify the sentence, filed on behalf of the defendant by Dr. Egon
Kubuschok, his defense counsel, has been referred to me pursuant to
the provisions of Military Government Ordinance No. 7. I have duly
considered the petition and the record of the trial and in accordance
with article XVII of said Ordinance, it is hereby ordered that:
_a._ The sentence imposed by Military Tribunal III on Franz
Schlegelberger be, and hereby is, in all respects confirmed.
_b._ The defendant be confined in War Criminal Prison No. 1,
Landsberg, Bavaria, Germany.
[Signed] LUCIUS D. CLAY
LUCIUS D. CLAY
General, U. S. Army
Military Governor and
Commander-in-Chief European Command
X. ORDER OF THE UNITED STATES SUPREME COURT
DENYING WRITS OF HABEAS CORPUS
SUPREME COURT OF THE UNITED STATES
October Term, 1948
EXTRACT
* * * * * * *
No. 463 Misc. In the Matter of Wilhelm von Ammon.
No. 464 Misc. In the Matter of Dr. Guenther Joel.
No. 465 Misc. In the Matter of Herbert Klemm.
No. 466 Misc. In the Matter of Ernst Lautz.
No. 467 Misc. In the Matter of Dr. Wolfgang Mettgenberg.
No. 468 Misc. In the Matter of Rudolf Oeschey.
No. 469 Misc. In the Matter of Dr. Oswald Rothaug.
No. 470 Misc. In the Matter of Kurt Rothenberger.
No. 471 Misc. In the Matter of Dr. Franz. Schlegelberger.
* * * * * * *
ORDER
“Treating the application in each of these cases as a motion
for leave to file a petition for an original writ of habeas
corpus, leave to file is denied. The Chief Justice, Mr. Justice
Reed, Mr. Justice Frankfurter, and Mr. Justice Burton are of the
opinion that there is want of jurisdiction. U. S. Constitution,
article III, section 2, clause 2; see _Ex parte Betz_ and
companion cases, all 329 U.S. 672 (1946); Milch _v._ United
States, 332 U.S. 789 (1947); Brandt _v._ United States,
333 U.S. 836 (1948); _In re_ Eichel, 333 U.S. 865 (1948);
Everett _v._ Truman, 334 U.S. 824 (1948). Mr. Justice
Black, Mr. Justice Douglas, Mr. Justice Murphy, and Mr. Justice
Rutledge are of the opinion that argument should be heard on the
motions for leave to file the petitions in order to settle what
remedy, if any, the petitioners have. Mr. Justice Jackson took
no part in the consideration or decision of these applications.”
2 May 1949
APPENDIX
Titles of Judges and Prosecutors at Regular German Courts
1. Reichsgericht (Reich Supreme Court)
_Judges_
Reichsgerichtspraesident
(Presiding)
Senatspraesident
(Head of Division)
Reichsgerichtsrat
_Prosecutors_
Oberreichsanwalt (Att. Gen.)
Reichsanwalt (Asst. Att. Gen.)
Oberstaatsanwalt }
Staatsanwalt } (Assts.)
2. Oberlandesgericht (District Court of Appeal)
_Judges_
Oberlandesgerichtpraesident[684]
(Presiding)
Senatspraesident
(Head of Division)
Oberlandesgerichtsrat
_Prosecutors_
Generalstaatsanwalt
Oberstaatsanwalt }
Staatsanwalt } (Assts.)
3. Landgericht (District Court)
_Judges_
Landgerichtspraesident
(Presiding)
Landgerichtsdirektor
(Head of Division)
Landgerichtsrat
_Prosecutors_
Oberstaatsanwalt (Chief)
Erster Staatsanwalt }
Staatsanwalt } (Assts.)
4. Amtsgericht (Local Court)
_Judges_
Amtsgerichtsdirektor
(Presiding)
Amtsgerichtsrat
_Prosecutors_
Amtsanwalt
German Civil Service Ranks[685]
I. _Lower Level_[686]
II. _Intermediate Level_
1. Assistent[687]
2. Sekretaer[687]
3. Obersekretaer[687]
III. _Upper Level_
1. Inspektor[687]
2. Oberinspektor[687]
3. Amtmann[687]
4. Amtsrat
IV. _Higher Level_
1. Regierungsrat
2. Oberregierungsrat
3. Ministerialrat
4. Ministerialdirigent
5. Ministerialdirektor
6. Staatssekretaer
Table of Comparative Ranks
U.S. Army German Army SS SA
2d Lieutenant Leutnant Untersturmfuehrer Sturmfuehrer
1st Lieutenant Oberleutnant Obersturmfuehrer Obersturmfuehrer
Captain Hauptmann Hauptsturmfuehrer Hauptsturmfuehrer
Major Major Sturmbannfuehrer Sturmbannfuehrer
Lieutenant Colonel Oberstleutnant Obersturmbannfuehrer Obersturmbannfuehrer
Colonel Oberst Standartenfuehrer Standartenfuehrer
Oberfuehrer[688] Oberfuehrer[688]
Brigadier General Generalmajor Brigadefuehrer Brigadefuehrer
Major General Generalleutnant Gruppenfuehrer Gruppenfuehrer
Lieutenant General General der Infanterie, Obergruppenfuehrer Obergruppenfuehrer
der Artillerie, etc.
General Generaloberst Oberstgruppenfuehrer
General of the Army Generalfeldmarschall Reichsfuehrer Stabschef
Glossary of Terms and Abbreviations
TERMS
Akademie fuer Deutsches Recht Academy of German Law; organized as a
corporation of public law to build up a
new system of German law in all
branches, supervised by Reich Ministry
of Justice.
Amtsanwalt Public Prosecutor at local court.
Amtsgericht Local court.[689]
Amtsgerichtsdirektor Presiding Judge of local court.
Amtsgerichtsrat Judge of local court.
Arbeitshaus Workhouse.
Armenrecht Right granted by court to a litigant to file
papers without payment of court fees,
equivalent in United States to filing of
papers _in forma pauperis_.
Assessor Judge on probational appointment.[690]
Ausserordentlicher Einspruch “Extraordinary Objection;” extraordinary
remedy introduced by Act of 16 September
1939, enabling the Attorney general
of Germany (Oberreichsanwalt) to secure
the review of final criminal judgments.
Beisitzer Associate judge.
Blitzvollstreckung Expedited execution of a death sentence.
“Das Schwarze Korps” “The Black Corps,” official SS newspaper.
“Deutsche Justiz” “German Justice,” a legal publication;
semi-official; mouthpiece of Reich Ministry
of Justice.
Entmannung Castration.
Entrechtung Deprivation of civil rights.
Erbgesundheitsgericht Hereditary Health Court.
Erbhofrecht Hereditary Farm Law.
Ermaechtigungsgesetz Enabling Act; law dated 24 March 1933,
giving the Reich cabinet legislative
power.
Erster Staatsanwalt Public prosecutor at district court.
Gau Regional division (usually of size of a
province) of Nazi Party.
Gauleiter Leader of a Gau.
Generalstaatsanwalt Public prosecutor at district court of appeals;
supervises all public prosecutors
at subordinate courts within his jurisdiction.
(Also translated as “attorney
general,” “general public prosecutor,”
and “public prosecutor general.”)
Hauptverhandlung Trial.
Heimtueckegesetz Law on Insidious Acts (also translated as
“Law against Malicious Acts”).
Justiz Administration of justice; judiciary; term
usually denotes the judicial system including
Ministry of Justice, the courts,
and members of the judiciary.
Kammergericht District court of appeals in Berlin.
Kanzelmissbrauch Misuse of pulpit; term denotes imprudent
discussion of state affairs by clergymen.
Kreisleiter Leader of a district of the Nazi Party.
Kriegstaeter Perpetrator of a crime during wartime.
Land (Laender) State (s).
Landgericht District court.
Landgerichtsdirektor Presiding judge of a division of a district
court.
Landgerichtspraesident Presiding judge of a district court.
Landgerichtsrat Judge of district court.
Landrat (Landraete) Highest administrative official (s) of a
county.
Lynchjustiz Lynch justice: lynch law; act or practice
by private persons of inflicting punishment
for crimes or offenses, without due
process of law.
Ministerialblatt Ministerial Gazette; official publication of
a Ministry containing administrative
ordinances, regulations, etc.
Mischling Person of mixed race.
Mitarbeiter Co-worker immediately subordinated to a
Referent.
Nationalsozialistischer National Socialist Legal Workers’ Association;
Rechtswahrerbund[691] (also translated National Socialist
Jurists’ League, and National Socialist
Lawyers’ League) organization included
members of all professions and workgroups
connected with legal work; it contained
eight divisions (Fachgruppen):
(1) Richter und Staatsanwaelte (Judges
and Public Prosecutors); (2) Rechtsanwaelte
(lawyers); (3) Notare (notaries
public); (4) Rechtspfleger (court registrars
with authority of issuing court
orders); (5) Hochschullehrer, jur. (professors
of law); (6) Rechtswahrer der
Verwaltung (counsels in administrative
agencies); (7) Wirtschaftsrechtswahrer
(auditors, political economists, etc.);
(8) Junge Rechtswahrer (junior legal
workers).
Nichtigkeitsbeschwerde Nullity plea.
Notzucht Rape.
Obererbgesundheitsgericht Higher (Appellate) Hereditary Health
Court.
Oberlandesgericht District court of appeals.
Oberlandesgerichtspraesident Presiding judge of a district court of appeals;
administrative head of all courts
in his district.
Oberpraesident Chief of administration of a Prussian province,
corresponds to position of Reich
governor in other German states.
Oberreichsanwalt Attorney general of the Reich (also translated
as chief Reich prosecutor); there
were two attorneys general, one at the
People’s Court, the other at the Reich
Supreme Court.
Oberstaatsanwalt Public prosecutor at district court.
Oberster Gerichtsherr Holder of supreme judicial power (Hitler).
Ortsgruppenleiter Leader of a subdistrict of the Nazi Party.
Parteikanzlei Nazi Party Chancellery.
Polenstrafrechtsverordnung Criminal Code for Poles.
Rassenschande Race defilement (also translated as race
pollution).
Referat (e) Office (s) or section (s) concerned with a
specialized subject matter.
Referendar Young jurist who has passed a preliminary
state legal examination and works
as a law clerk in a court.
Referent Supervisor of several professional officials;
section chief; expert in a particular field.
Reichsanwalt (-waelte) Assistant attorney (s) general of the Reich
(also translated as Reich prosecutor).
Reichsgericht Reich Supreme Court.
Reichsgesetzblatt Reich Law Gazette.
Reichsjustizministerium Reich Ministry of Justice.
Reichsstatthalter Reich Governor.
Reichsstrafprozessordnung Code of Criminal Procedure.
Regierungspraesident Highest Administrative official of a state
district. (Each German state is subdivided
into several administrative districts
[Regierungsbezirke].)
Richterbrief (e) Judge’s Letter (s); confidential circular
letter to German judges and public
prosecutors issued by the Reich Ministry
of Justice.
Senat Division of the Reich Supreme Court, or a
district court of appeals, or the People’s
Court, or of a Special Court.
Sondergericht Special Court.
Staatsanwalt Public prosecutor at district court.
Staatsanwaltschaft Office of the public prosecutor.
Stahlhelm German veterans organization of World
War I, incorporated into the SA in 1933.
Standgericht Civilian court martial.
Volksgerichtshof People’s Court.
Volksschaedlingsverordnung Law against public enemies; (also translated
as “law against public parasites.”)
Wehrkraftzersetzung Undermining of military efficiency.[692]
Wehrmacht Armed Forces.
Zuchthaus Penitentiary.
ABBREVIATIONS
BNSDJ Bund Nationalsozialistischer Association for National Socialist
Deutscher Juristen Jurists; became part of NSRB
in 1936.
DBG Deutsches Beamtengesetz German Civil Service Law.
Gestapo Geheime Staatspolizei Secret State Police.
NN Nacht- und Nebel Erlass Night and Fog Decree.
NSDAP Nationalsozialistische Deutsche National Socialist Workers’ Party
Arbeiterpartei (Nazi Party).
NSRB Nationalsozialistischer National Socialist Legal Workers’
Rechtswahrerbund Association.
OKW Oberkommando der Wehrmacht German Armed Forces High Command.
RGBl Reichsgesetzblatt Reich Law Gazette.
RJM Reichsjustizministerium Reich Ministry of Justice.
RK Reichskanzlei Reich Chancellery.
RKabR Reichskabinettsrat Reich Cabinet Counselor (title).
RSHA Reichssicherheitshauptamt Reich Security Main Office of the
SS.
SA Sturmabteilung “Storm Troop Force” of the Nazi
Party.
SD Sicherheitsdienst Security and Intelligence Service
of the SS.
SS Schutzstaffel Elite Guard and “Protective
Force” of the Nazi Party.
UStS Unterstaatssekretaer Assistant Under Secretary.
VGH Volksgerichtshof People’s Court.
List of Witnesses in Case 3
_Note._--All witnesses in this case appeared before
the Tribunal, except for 13 witnesses whose testimony was
taken by commissioners of the Tribunal concerning affidavits
they had signed and which had been offered in evidence by
the prosecution. In the table below, prosecution witnesses
are designated by the letter P and defense witnesses by the
letter D. If the witness was a prosecution affiant called for
cross-examination by the defense, the letter designation PA
(prosecution affiant) is used. If the witness was a defense
affiant called for cross-examination by the prosecution, the
letter designation DA (defense affiant) is used. As the first
column below indicates, the same witness was sometimes called
by both the prosecution and the defense at different stages of
the trial. The names not preceded by any designation represent
defendants.
---+-----------------------------+-------------------------+-------------
| | | Pages
| Name | Date of Testimony |(mimeographed
| | | transcript)
---+-----------------------------+-------------------------+-------------
D |ALTMEYER, Hans Josef |15, 16 Jul 47 |5244–5308
|ALTSTOETTER, Josef |15, 16 Sep 47 |8841–8962
|AMMON, Dr. Wilhelm von |1, 4 Aug 47 |6377–6473
P |ANCKER, Edinger |29 Apr 47 |2743–2761
D |AZESDORFER, Dr. Hermann |9 Sep 47 |8437–8469
PA |BAEUMLER, Dr. Josef |3 Jun 47 |3818–3833
|BARNICKEL, Paul |26, 27, 28 Aug 47 |7649–7752;
| | | 7780–7901
PA |BAUR, Armin |23 May 47 |3598–3606
D |BECHER, Dr. Werner H. |17, 25 Sep 47 |8969–8998;
| | | 9514–9517
P |BEHL, Dr. Ferdinand C. W. |18, 19, 20, 21 Mar 47 |562–826
D |BLECKSCHMIDT, Annemarie |29 Jul 47 |6112–6114
D |BODEN, Helmuth |31 Jul 47 |6208–6235
PA |BREM, Walter |22 May 47 |3517–3564
PA |BUCHHOLZ, Peter |27, 28 May 47 |3718–3735
P |BUCHTHAL, Arnold |21 Aug 47 |7471–7474
P |BUHL, Walter |18 Sep 47 |9075–9107
|CUHORST, Hermann |29 Aug; 2, 3, Sep 47 |7958–8175
D |DECHANT, George |10 Sep 47 |8549–8558
D |DENZLER, Leonhard |15 Aug 47 |7095–7133
P |DIESSEM, Dr. Julius |17, 18 Apr 47 |2312–2346
P |DOEBIG, Dr. Friedrich |9, 10 Apr 47 |1750–1872
P |DORFMUELLER, Dr. Martin |12 May 47 |3154–3220
P |DRESCHER, Dr. Erich |22 Jul 47 |5646–5671
P |DUERRBECK, Dr. Otto |29 Jul 47 |6095–6096
P/D|EGGENSPERGER, Eugen |9 May; 16 Jul 47 |3083–3096;
| | | 5309–5323
D |EHRHARDT, Dr. Otto |1 Aug 47 |6363–6376
PA |EICHINGER, Josef |22 May 47 |3471–3487
D |EIFFE, Peter E. |22, 23 Jul 47 |5671–5692
P |EINSTEIN, Henry |1 May 47 |2970–2976
P |EITNER, Lorenz |25 Mar; 22 Apr 47 |943–949;
| | | 2521–2525
P |ELKAR, Friedrich |30 Apr; 1 May 47 |2884–2938
PA |ENGERT, Georg |27 May 47 |3694–3705
D |ERNST, Johanna |30 Jul 47 |6169–6173
PA |ESCHER, Dr. Ernst |23 May 47 |3628–3641
P |FERBER, Dr. Karl |31 Mar; 1, 3, 8 Apr 47 |1312–1315;
| | | 1319–1466;
| | | 1576–1630;
| | | 1665–1746
P |FILBIG, Karl Kaspar |19 May 47 |3351–3363
DA |FOETSCH, Maria |23 Sep 47 |9363–9367
PA |FRANKE, Dr. Horst Guenther |22 Sep 47 |9265–9280
D |FRITZSCHE, Hans |15 Jul 47 |5200–5242
PA |FROBOESE, Katharina |27 May 47 |3705–3718
P |GERSTAECKER, Dr. Wilhelm |29 Jul 47 |6064–6084
P |GOERINGER, Dr. Hugo |28 Mar 47 |1263–1280
D/P|GRAMM, Dr. Hans |3 Jul; 17 Sep 47 |4700–4764;
| | | 9070–9073
PA |GROBEN, Hans |23 May 47 |3614–3627
PA |GROS, Dr. Franz |30 Apr 47 |2826–2882
PA |GRUEB, Dr. Josef |22 May 47 |3502–3517
PA |GRUENWALD, Bruno |3 Jun 47 |3879–3910
P |HACH, Josef |24 Apr 47 |2643–2651
D |HAGEMANN, Hans |22 Sep 47 |9302–9315
D |HARTMANN, Hans |17 Sep 47 |8999–9068
P |HAVEMANN, Prof. Robert |10, 11 Apr 47 |1873–1925
P |HECKER, Robert |18 Apr; 9, 12 May; |2363–2386;
| | 7 Jul 47 | 3047–3083;
| | | 3111–3114;
| | | 4823–4870
D |HEGELE, Max |8 Sep 47 |8366–8389
P |HELM, Arthur |22 Sep 47 |9335–9337
P |HERGET, Franz |22 Sep 47 |9337–9343
P |HLAVAC, Josef |30 Apr 47 |2802–2825
P |HODGES, Thomas K. |19 May 47 |3363–3371
D |HOFFMANN, Dr. Heinz |15 Sep 47 |8816–8825
PA |HOFMANN, Kurt |27 May 47 |3650–3653
PA |HOFFMANN, Wilhelm |4 Jun 47 |3940–3947
PA |HUEMMER, Gottfried |4 Jun 47 |3976–3992
D |HUPPERTZ, Karin |30 Jul 47 |6141–6169
D |JAHRREISS, Prof. Hermann |25, 26 Jun 47 |4253–4364
|JOEL, Guenther |4, 5, 6 Aug 4 |6474–6611;
| | | 6617–6643
PA |KASSING, Bernhard |4 Jun 47 |3997–4000
PA |KERN, Dr. Hans |28 May; 4 June 47 |3806–3811;
|KLEMM, Herbert |3, 7, 8, 10, 11, 14, 15, |3934–3940
| | Jul; 23 Sep 47 | 4784–4822;
| | | 4891–5024;
| | | 5027–5090;
| | | 5094–5199;
| | | 9383–9396
P |KLEES, Rudolf |12 May 47 |3115–3140
D |KLETT, Dr. Arnulf |8 Sep 47 |8432–8435
PA |KROHER, Dr. Hermann |22 May 47 |3488–3496
D |KUESTNER, Dr. Otto |3, 4 Sep 47 |8175–8234
PA |KUNZ, Dr. Gustav |23 May 47 |3577–3598
D |LAMMERS, Dr. Hans Heinrich |22 Jul 47 |5582–5620
|LAUTZ, Dr. Ernst |23, 24, 25, 28 Jul 47 |5761–5775;
| | | 5781–6054
P |LEHMANN, Rudolf |23, 24 Apr 47 |2586–2643
D |LENZ, Dr. Otto |6 Aug 47 |6643–6652
D |LINK, Dr. Heinrich |29 Jul 47 |6104–6111
PA |LIPPS, Herbert |28 May 47 |3735–3755
P |LODUCHOWSKI, Dr. Hans Willi |4 Sep 47 |8254–8282
D |LUDWIG, Fritz |22 Sep 47 |9329–9332
P/D |MARKL, Hermann |27 May; 15 Sep 47 |3653–3662;
| | | 3675–3683;
| | | 3687–3692;
| | | 8805–8815
P |MARTIN, Capt. Roy A. |20, 26 Aug 47 |7399–7402;
| | | 7637–7639
D |MARX, Dr. Hanns |29, 30 Jul 47 |6114–6140
PA |MAYER, Dr. Karl |23 May 47 |3565–3577
PA |MAYER, Dr. Josef |5 Jun 47 |4033–4039
P |MCLENDON, Lt. Col. John |13 May 47 |3230–3234
D |MEISSNER, Dr. Otto |2 Jul 47 |4606–4642
|METTGENBERG, Dr. Wolfgang |31 Jul; 1 Aug 47 |6235–6271;
| | | 6274–6362
PA/D|MIETHSAM, Dr. Wilhelm |3, 4 Jun; 7, 8 Jul 47 |3911–3932;
| | | 4870–4876;
| | | 4880–4891
D |MITZSCHKE, Dr. Gustav |22 Sep 47 |9316–9328
PA |MUELLER, Dr. Hermann |28 May 47 |3755–3781
P |MUENCH, Anni |19 May 47 |3406–3419
P |OEHLCKERS, Dr. Wilhelm |18 Sep 47 |9108–9133
|OESCHEY, Rudolf |9–12, 15 Sep |8510–8548;
| | | 8559–8805
D |OHLER, Paul |15 Aug 47 |7149–7152
PA |OSTERMEIER, Robert |22 May 47 |3497–3499
PA |PAULUS, Adolf |28 May 47 |3781–3806
PA |PFAFF, Dr. Theodor |27 May 47 |3642–3650
PA |PREY, Josef |4 Jun 47 |3960–3975;
| | | 3992–3993
D |PRIESS, Dr. Friedrich |25 Sep 47 |9494–9514
PA |RAUH, Robert |22 May 47 |3499–3502
P |RIMELIN, Dr. Renatus |14 Apr 47 |2049–2092;
| | | 2137–2142
P |RICE, Lowell O., Captain |29 Jul 47 |6060–6064
PA |ROEDER, Dr. Manfred |4, 5 Jun 47 |3993–3997;
| | | 4000–4033
P |ROEMER, Walter |24 Apr 47 |2652–2672
D |ROSENAU, Dr. Wilhelm |1 Jul 47 |4568–4587
P |ROSKA, Charles J., Captain |26, 31 Mar 47 |1023–1024;
| | | 1316–1318
|ROTHAUG, Oswald |11–14, 18–22, 25, 26 |6754–6917;
| | Aug 47 | 6928–7016;
| | | 7179–7395;
| | | 7406–7470;
| | | 7474–7636;
| | | 7640–7648
|ROTHENBERGER, Dr. Curt |16–18, 21, 22 Jul; |5324–5381;
| | 24 Sep 47 | 5400–5484;
| | | 5495–5581;
| | | 9438–9478;
| | | 9512–9515
P |ROTTNER, Wolfgang |23, 24 Sep 47 |9403–9411;
| | | 9413–9437
P |SCHAEFER, Robert, Major |29 Jul 47 |6057–6060
P |SCHAEFER, Mark |15 Apr 47 |2125–2142
PA |SCHIRMER, Ludwig |4 Jun 47 |3947–3959
|SCHLEGELBERGER, Franz |26, 27, 30 June 47; |4367–4568
| | 1 Jul 47 |
P |SCHOSSER, Luitpold |9 May 47 |3021–3046
P |SCHMITT, Horst |14 May 47 |3321–3335
D |SCHOECK, Dr. Willi |4 Sep 47 |8235–8253
P/D |SCHROEDER, Dr. Karl |23 May; 14, 15 Aug 47 |3607–3613;
| | | 7017–7095
D |SCHULZ, Hans Heinrich |25 Sep 47 |9530–9552
P |SCHWARZ, Berthold |11, 14 Apr 47 |1925–2048
P |SCHWARZ, Dr. Eberhard |17 Apr 47 |2258–2312
P |SEILER, Irene |26 Mar 47 |1025–1057
P |SKOK, Dr. Herbert |19 Sep 47 |9178–9204
P |SOLF, Mrs. Hanna |15, 16 Apr 47 |2143–2208
D |STEINAECKER, Dr. Walter |22 Jul 47 |5621–5646
| Freiherr von | |
P |STERN, Dr. Peter |29 Jul; 20 Aug 47 |6085–6094;
| | | 7396–7398
D |STUBER, Dr. Max |8 Sep 47 |8390–8424
PA/D|SUCHOMEL, Dr. Hugo |3 Jun; 27 Aug 47 |3833–3841;
| | | 3870–3879;
| | | 7753–7779
P |TIMMERMAN, Hans |19 Sep 47 |9204–9214
D |WALLENTIN, Fritz |19 Sep 47 |9215–9224
P |WAHLER, Isaac E. |19 Sep 47 |9246–9262
P |WALDOW, Erich Christian |18, 19 Sep 47 |9153–9164
P |WEIN, Benedict |28 Apr 47 |2675–2692;
| | | 2716–2729
P |WEISS, Wilhelm |19 Sep 47 |9227–9233
P |WENTZENSEN, Edmund |18, 19 Sep 47 |9135–9153;
| | | 9166–9177
PA |WERGIN, Dr. Kurt |3 June 47 |3847–3868
P |WIEBER, Mrs. Ruth |29, 30 Jul 47 |6097–6103;
| | | 6174–6175
D |WILLERS, Hans |19 Sep 47 |9233–9245
P |WISKOTT, Wolfgang |4 Sep 47 |8282–8288
PA |WIZIGMANN, Eugen |27 May 47 |3670–3674
D |ZIMMERMANN, Hans |15 Aug 47 |7135–7149
INDEX OF DOCUMENTS AND TESTIMONIES
IN CASE 3
(This is not a complete index of the evidence submitted in Case 3. Only
those documents and testimonies which are reproduced herein are listed.)
Document No. Exhibit No. Description Page
NG-059 Pros. Ex. 38 File note concerning a conference of 503
18 September 1942 at Himmler’s
field headquarters between Himmler,
Reich Minister of Justice Thierack,
and defendant Rothenberger.
NG-071 Pros. Ex. 98 Secret report of the Chief of the Security 454
Police and SD, 3 September
1942, concerning “the control of
penal jurisdiction” and the reactions
of judges thereto.
NG-075 Pros. Ex. 27 Correspondence between the Reich 467
Chancellery and Hitler’s adjutant,
May and June 1942, mentioning
that Hitler had considered “noteworthy”
the Rothenberger memorandum
on judicial reform.
NG-077 Pros. Ex. 306 Letter from Under Secretary Freisler 782
to General Lehmann, 16 December
1941, transmitting a draft of a proposed
implementation order to the
“Night and Fog” Decree, together
with an interoffice note of 25 December
1941.
NG-102 Pros. Ex. 75 Four communications, May-June 438
1942, concerning the authority for
the confirmation of sentences.
NG-126 Pros. Ex. 356 Letter from defendant Schlegelberger 666
to Lammers, 26 May 1942, transmitting
a copy of Schlegelberger’s
decree delegating the right to
pardon Poles and Jews to Reich
governors and provincial presidents.
NG-128 Pros. Ex. 354 Letter from the Provincial President 665
of Upper Silesia to Lammers, 26
January 1942, requesting the power
of amnesty for Poles and Jews sentenced
to death.
NG-129 Pros. Ex. 355 Letter from defendant Schlegelberger 665
and Greiser, Reich Governor of the
Warthegau (Poland) to Lammers,
15 December 1941, stating that
Greiser’s authority concerning the
execution of death sentences and
pardoning of Poles and Jews is no
longer restricted.
NG-130 Pros. Ex. 200 File note of the Reich Chancellery, 620
22 April 1941, concerning Schlegelberger’s
draft of a proposed decree
on penal law for Poles and Jews
in the Incorporated Eastern Territories.
NG-136 Pros. Ex. 345 Memorandums of the Reich Chancellery, 622
27 May 1941, concerning
criminal law to be instituted in the
Incorporated Eastern Territories,
including copies of letters to defendant
Schlegelberger, Bormann,
and Himmler.
NG-144 Pros. Ex. 199 Letter from defendant Schlegelberger 611
to Lammers, 17 April 1941, concerning
“penal laws for Poles and
Jews in the Incorporated Eastern
Territories.”
NG-149 Pros. Ex. 110 Various memorandums from the files 569
of the High Command of the
Armed Forces, 6 June-5 July 1944,
concerning the treatment of “Terror
Fliers.”
NG-151 Pros. Ex. 204 Selections from correspondence preceding 686
issuance of thirteenth regulation
under Reich Citizenship
Law, 3 August 1942–21 April 1943,
involving limitations upon legal
rights of Jews, their punishment by
police, and related matters.
NG-152 Pros. Ex. 63 Letters from defendant Schlegelberger 417
to Hitler and Lammers, March
1941 and March 1942, concerning
judicial sentences displeasing Hitler
and proposing participation in
civil proceedings by public prosecutors.
NG-154 Pros. Ex. 152 Opinion and sentence of the Nuernberg 653
Special Court in the Katzenberger
case, 13 March 1942, in
which defendant Rothaug was presiding
judge.
NG-157 Pros. Ex. 103 Letter from the Reich Minister of 241
Justice to the president of the People’s
Court, 18 October 1944, commenting
upon its functions and the
selection of presiding judges “in
particularly important political
cases.”
NG-160 Pros. Ex. 124 Letter from Freisler, president of the 236
People’s Court, to the Reich Minister
of Justice, 17 January 1944,
transmitting summary of activity
of the People’s Court from 1 January
to 31 December 1943.
NG-186 Pros. Ex. 340 Memorandum from Freisler, president 238
of the People’s Court, 1 April
1944, concerning assignment of
various types of cases to the several
senates of the People’s Court.
NG-190 Pros. Ex. 284 Various memorandums and lists of 331
Reich Ministry of Justice, 28 September
1939 to 7 March 1941, concerning
executions without trial or
executions after trial under various
circumstances.
NG-205 Pros. Ex. 328 Secret directive of the Reich Ministry 798
of Justice, 21 January 1944, ordering
transfer to Gestapo of “Night
and Fog” prisoners who were acquitted,
against whom proceedings
were quashed, or who had served
their sentences.
NG-219 Pros. Ex. 42 Report from the general public prosecutor 507
in Jena to the Reich Ministry
of Justice, 30 September 1943, concerning
cooperation of justice authorities
with the SD, and interoffice
memorandums pertaining
thereto.
NG-228 Pros. Ex. 312 Memorandums of defendant von Ammon 788
to defendant Rothenberger, 9
and 26 September 1942, concerning
pending “Night and Fog” cases and
the handling of these prisoners.
NG-230 Pros. Ex. 331 Letter from Armed Forces High 801
Command to the Foreign Office,
copy to defendant von Ammon, 4
April 1944, concerning two notes
of M. De Brinon, Vichy Government
Ambassador, on “Night and
Fog” cases.
NG-232 Pros. Ex. 308 Circular Decree of the Reich Ministry 784
of Justice, signed by Under Secretary
Freisler, 6 February 1942,
assigning particular Special Courts
to handle “Night and Fog” cases.
NG-253 Pros. Ex. 317 Extracts from official correspondence 791
arising out of the question of providing
defense counsel in “Night
and Fog” trials, 4 January-19 February
1943.
NG-255 Pros. Ex. 314 Letter from Ministry of Justice, initialed 789
by defendants Mettgenberg
and von Ammon, to various judges
and public prosecutors, 21 December
1942, concerning objections to
elective defense counsel in “Night
and Fog” trials.
NG-260 Pros. Ex. 87 Extracts from Lawyers’ Letter No. 1 554
signed by Reich Minister of Justice
Thierack, 1 October 1944.
NG-262 Pros. Ex. 333 File note initialed by defendant von 803
Ammon on 10 May 1944, concerning
the status of “Night and Fog”
cases as of 30 April 1944.
NG-269 Pros. Ex. 319 Secret instructions of Reich Ministry 794
of Justice to prosecutors and
judges, initialed by defendants
Altstoetter, Mettgenberg and von
Ammon, 6 March 1943, concerning
measures necessary to maintain
secrecy of “Night and Fog” procedures.
NG-270 Pros. Ex. 155 Extracts from an article in 650
Streicher’s “Der Stuermer,” 2
April 1942, concerning the Katzenberger
trial and judgment.
NG-280 Pros. Ex. 70 Correspondence between the Reich 421
Chancellery and defendant Schlegelberger,
March and April 1941,
after Hitler had expressed displeasure
at a sentence granting extenuating
circumstances to a Pole.
NG-281 Pros. Ex. 323 File note of defendant von Ammon, 797
7 October 1943, concerning defendant
Lautz’ question as to giving
defendants translations of the indictments
against them in “Night
and Fog” cases.
NG-287 Pros. Ex. 88 Correspondence between Lammers, 429
Schaub, and defendant Schlegelberger,
October 1941, concerning
transfer of Markus Luftgas to the
Gestapo for execution.
NG-298 Pros. Ex. 81 The first issue of the Judges’ Letters, 525
1 October 1942.
NG-315 Pros. Ex. 82 Extracts from issue No. 3 of the 535
Judges’ Letters, 1 December 1942,
summarizing two cases and giving
in each case the opinion of the
Reich Minister of Justice.
NG-323 Pros. Ex. 32 Letters from the Reich Ministry of 358
Justice to public prosecutors, 10
March 1937, concerning collaboration
between public prosecutors and
the Gestapo and enclosing a circular
decree of Himmler on the same
subject.
NG-326 Pros. Ex. 456 Directive of 12 June 1937 from Heydrich, 317
Chief of the Security Police
to Police Offices, concerning protective
custody for Jewish race
defilers.
NG-327 Pros. Ex. 359 Letter from Lammers to Thierack, 510
23 October 1942, stating that the
opinion of the Gauleiter has to accompany
clemency cases submitted
to Hitler.
NG-331 Pros. Ex. 343 Draft of a proposed ordinance concerning 615
penal law for Poles and
Jews in the Incorporated Eastern
Territories, prepared by defendant
Schlegelberger and submitted to
the Chief of the Reich Chancellery
on 17 April 1941.
NG-337 Pros. Ex. 186 The Lopata case, April-December 852
1942. Extracts from the official files
including: verdict of local court
sentencing Lopata, a Pole, to 2
years’ imprisonment; decision of
the Reich Supreme Court granting
nullity plea filed by Chief Reich
prosecutor; verdict of the Nuernberg
Special Court (defendant
Rothaug presiding) sentencing Lopata
to death; Thierack’s refusal to
pardon; Lopata’s last petition for
clemency and the record of execution
of the death sentence.
NG-340 Pros. Ex. 257 Letter from Bouhelr, chief of the 329
Fuehrer’s Nazi Party Chancellery,
to Lammers, 26 July 1939, concerning
Hitler’s decision to place persons
in security detention under
Himmler for work in concentration
camps.
NG-346 Pros. Ex. 101 Circular of the Reich Ministry of 247
Justice to all presidents of the
courts of appeal, 11 May 1936, announcing
courses for judges dealing
with hereditary disease cases.
NG-351 Pros. Ex. 132 Secret judgment of first senate of 702
People’s Court concerning two
Poles, 21 May 1943, and directive
of Ministry of Justice to defendant
Lautz concerning the manner of
carrying out the execution of one
of the defendants.
NG-364 Pros. Ex. 108 Secret circular from Martin Bormann 577
to Nazi Party leaders, 30 May
1944, concerning “People’s justice
against Anglo-American murderers.”
NG-366 Pros. Ex. 256 Minutes of defendant Klemm on 323
conferences of Reich Minister of
Justice with attorneys general and
presidents of courts of appeal, 23
and 24 January 1939, concerning
protective custody.
NG-369 Pros. Ex. 258 Letter from People’s Court president, 340
Thierack, to Guertner, 14 August
1940, recommending transfer to
concentration camps without trial
of persons falling within a “minor
guilt” category of high treason.
NG-381 Pros. Ex. 159 The Beck case, 5 April-21 September 873
1943. Extracts from the official files
including report of local Nazi official,
5 April 1943; report to the
Gestapo in Vienna, 4 June 1943;
letter from defendant Barnickel to
the president of the People’s Court,
30 July 1943, enclosing indictment
signed by Barnickel; and judgment
of the People’s Court after trial of
20 September 1943.
NG-387 Pros. Ex. 400 Report from defendant Rothenberger 446
to defendant Schlegelberger, 4 July
1941, concerning criticism of judges
by the SS periodical, the draft law
on “asocials,” and the lack of
suitable candidates for judgeships.
NG-389 Pros. Ex. 76 Report from defendant Rothenberger 483
to defendant Schlegelberger, 11
May 1942, noting Rothenberger’s
intention to intensify “the internal
direction and steering of the administration
of justice,” and enclosing
copies of Rothenberger’s instructions
to judges in his district.
NG-395 Pros. Ex. 74 Report from the president of the 448
court of appeal in Hamm, 7 July
1942, concerning the alarm among
judges caused by Hitler’s Reichstag
speech of 26 April 1942, and certain
activities of the Gestapo and
the Nazi Party affecting legal matters.
NG-412 Pros. Ex. 77 Request by Under Secretary Freisler 863
for a “Draft on the retroactive
effect of the more severe National
Socialist regulations” for treason,
18 May 1942, together with an interoffice
memorandum thereon, and
a circular letter from defendant
Schlegelberger to various Reich
authorities attaching a draft of a
proposed law and requesting approval.
NG-417 Pros. Ex. 23 Summary by Dr. Crohne of the Reich 452
Ministry of Justice concerning
Goebbel’s speech to the members of
the People’s Court, 22 July 1942.
NG-445 Pros. Ex. 73 Letter from the president of the Berlin 433
court of appeal to defendant
Schlegelberger, 3 January 1942,
commenting upon “influence exerted
upon the judges.”
NG-457 Pros. Ex. 201 Opinion and sentence of the Nuernberg 705
Special Court, with defendant
Oeschey as presiding judge, 29
October 1943, by which two foreign
workers were condemned to death.
NG-478 Pros. Ex. 61 Letter from Thierack, Reich Minister 227
of Justice, to presidents of courts
of appeal, 5 July 1943, discussing
development and effectiveness of
Special Courts and proposing limitations
on their jurisdiction.
NG-498 Pros. Ex. 93 Letter from Thierack to presidents of 539
various district courts of appeal,
17 November 1942, concerning
manner of acquainting judges and
prosecutors in Alsace, Lorraine,
and Luxembourg with the Judges’
Letters.
NG-500 Pros. Ex. 90 Circular letter from Thierack to 523
judges, 7 September 1942, explaining
the establishment and function
of the Judges’ Letters.
NG-505 Pros. Ex. 71 Circular letter from defendant Schlegelberger 628
to the presidents of the
courts of appeal and attorneys general,
24 July 1941, entitled “Mild
sentences against Poles.”
NG-508 Pros. Ex. 72 Circular letter from defendant Schlegelberger 432
to presidents of district
courts of appeal, 15 December 1941,
quoting from a speech by Hitler
and stating that judges and public
prosecutors must keep Hitler’s
words in mind.
NG-540 Pros. Ex. 260 Letter from Meissner to defendant 342
Schlegelberger, 22 April 1941, concerning
transfer of convicted prisoners
to the Gestapo.
NG-546 Pros. Ex. 141 Draft of a notice to Hitler, initialed 879
by defendant Rothenberger and
Vollmer, November 1943, reporting
a death sentence imposed by the
People’s Court upon a former German
naval captain for remarks alleged
to have assisted the enemy
and undermined the morale of the
army.
NG-548 Pros. Ex. 347 Letter from defendant Lautz, Chief 846
Reich Prosecutor at the People’s
Court, to the Reich Minister of Justice,
23 February 1942, concerning
the question of prosecuting foreigners
for treason against Germany
for injuries to ethnic Germans
abroad.
NG-558 Pros. Ex. 143 Letter from Reich Minister of Justice 674
Thierack to Bormann, 13 October
1942, concerning the “Administration
of Justice against
Poles, Russians, Jews, and gypsies.”
NG-589 Pros. Ex. 372 Undated report from the district 643
court in Hamburg concerning
granting of benefits for destitute
persons to a Jew, together with two
letters of defendant Rothenberger
and an interoffice memorandum, 13
February-22 May 1942.
NG-590 Pros. Ex. 198 Letter from the Reich Ministry of 597
Justice, signed by defendant Mettgenberg,
to the president of the
district court and the Chief Public
Prosecutor in Hamburg, 1 April
1939, concerning the redesignation
of Jewish names in criminal proceedings.
NG-595 Pros. Ex. 136 The Bratek case, 10 December 1942–20 867
July 1943. Extracts from the
official files, including Gestapo report
of 10 December 1942; judgment
of the People’s Court after
trial of 20 May 1943; and note of
20 July 1943 on the execution of
the death sentence.
NG-611 Pros. Ex. 64 Correspondence between Bormann, 425
Lammers, and defendant Schlegelberger,
25, 29 May and 28 June
1941, concerning a suggestion of
Hitler to convert a prison sentence
into a death sentence.
NG-627 Pros. Ex. 474 Letter of defendant Klemm to the 545
president of the Hamburg district
court of appeal, 1 March 1945, stating
that sentences in cases of “undermining
the military efficiency”
of Germany have been too lenient.
(_Also Rothenberger 73, Rothenberger
Def. Ex. 7._)
NG-629 Pros. Ex. 28 Extracts from a report on a 1 February 327
1939 conference at the Ministry
of Justice between defendant
Rothenberger and various court
presidents. (_Also Rothenberger 3,
Rothenberger Def. Ex. 3._)
NG-629 Pros. Ex. 28 Extracts from a report on a conference 594
of defendant Rothenberger
and various court presidents, 1
February 1939, concerning “Race
Pollution,” exclusions of Jews from
employment, and “the legal treatment
of Jews.” (_Also Rothenberger
3, Rothenberger Def. Ex. 3._)
NG-630 Pros. Ex. 428 Letter from defendant Schlegelberger 912
to Chief Public Prosecutors and
senior public prosecutors, 20 July
1935, concerning the “struggle
against political Catholicism.”
NG-665 Pros. Ex. 346 Supplementary decree, 31 January 642
1942, concerning the administration
of penal justice against Poles and
Jews in the Incorporated Eastern
Territories.
NG-671 Pros. Ex. 220 Extracts from the situation report of 885
defendant Lautz, Chief Public Prosecutor
at the People’s Court, to
Thierack, 19 February 1944, concerning
the undermining of military
efficiency.
NG-674 Pros. Ex. 100 Circular letter from the Reich Ministry 880
of Justice to leading judges and
prosecutors, 19 February 1944,
transmitting excerpts from reports
of a conference of justice officials
on cases of “undermining” and
“malicious political acts.”
NG-676 Pros. Ex. 178 Letter from defendant Klemm to the 541
president of the Stuttgart Court
of Appeal, 5 July 1944, stating
sentences in that area were too
lenient, particularly in cases in
which defendant Cuhorst presided.
NG-677 Pros. Ex. 188 Extracts from affidavit of Dr. Escher, 411
German attorney, concerning the
use of the nullity plea.
NG-685 Pros. Ex. 259 Extracts from a letter by Chief Public 840
Prosecutor at Hamm to the Minister
of Justice, for defendant
Schlegelberger, 29 January 1941,
concerning treason, breach of regulations
by foreign workers, criminal
proceedings against Polish civilians,
and applicability of decrees
against public enemies and violent
criminals.
NG-700 Pros. Ex. 625 Decree, 3 September 1939, of the 186
Fuehrer and Reich Chancellor concerning
execution of the right of
pardon.
NG-715 Pros. Ex. 112 Decree, 28 February 1933, by Reich 160
President von Hindenburg, cosigned
by Reich Chancellor Hitler
and Reich Ministers Frick and
Guertner, suspending constitutional
rights and instituting other measures.
(_Also Schlegelberger 91,
Schlegelberger Def. Ex. 84._)
NG-715 Pros. Ex. 112 The “Enabling Act.” (_Also General 163
Def. 1, Klemm Def. Ex. 1._)
NG-715 Pros. Ex. 112 Law, 7 April 1933, concerning admission 164
to the bar.
NG-715 Pros. Ex. 112 Extracts from the first law for the 167
transfer of the administration of
justice to the Reich, 16 February
1934.
NG-715 Pros. Ex. 112 Extracts from the law, 24 April 1934, 169
amending provisions of criminal
law and criminal procedure.
NG-715 Pros. Ex. 112 Extracts from the second law concerning 172
the transfer of the administration
of justice to the Reich,
5 December 1934.
NG-715 Pros. Ex. 112 Extracts from law of 28 June 1935 176
amending the Criminal (Penal)
Code.
NG-715 Pros. Ex. 112 Extracts from the law, 28 June 1935, 177
The Code of Criminal Procedure
and the Judicature Act.
NG-715 Pros. Ex. 112 Law, 15 September 1935, for the protection 180
of German blood and honor.
NG-715 Pros. Ex. 112 Extracts from the law against economic 182
sabotage, 1 December 1936.
NG-715 Pros. Ex. 112 Extracts from decree, 17 August 184
1938, for special criminal law in
time of war and special emergency.
NG-715 Pros. Ex. 112 Decree, 1 September 1939, concerning 185
extraordinary measures with
regard to foreign radio broadcasts.
NG-715 Pros. Ex. 112 Extracts from the war economy decree 187
of 4 September 1939.
NG-715 Pros. Ex. 112 Decree, 5 September 1939, against 188
public enemies.
NG-715 Pros. Ex. 112 Extracts from decree, 25 November 192
1939, supplementing penal provisions
for protection of the military
efficiency of the German people.
NG-715 Pros. Ex. 112 Decree of 5 December 1939 against 193
violent criminals.
NG-715 Pros. Ex. 112 Decree of 6 May 1940 on the extension 195
of the application of German
criminal law.
NG-715 Pros. Ex. 112 Extracts from law of 4 September 199
1941 amending the Criminal
(Penal) Code.
NG-715 Pros. Ex. 112 Extracts from the eleventh regulation 200
on the Reich Citizenship Law,
25 November 1941.
NG-715 Pros. Ex. 112 Fuehrer Decree, 21 March 1942, concerning 203
simplification of the administration
of justice.
NG-715 Pros. Ex. 112 Unanimous decision of the greater 204
German Reichstag, 26 April 1942,
concerning unrestricted powers of
Adolf Hitler.
NG-715 Pros. Ex. 112 Decree, 15 July 1942, signed by Keitel, 205
Stuckart and defendant Schlegelberger,
extending special jurisdiction
of SS and police or military
courts to the Protectorate of Bohemia
and Moravia.
NG-715 Pros. Ex. 112 Extracts from decree of 13 August 206
1942 for the further simplification
of the administration of justice in
criminal cases.
NG-715 Pros. Ex. 112 Hitler decree, 20 August 1942, concerning 207
special powers authorizing
the Reich Minister of Justice to
deviate from any existing law in
establishing a National Socialist
administration of justice.
NG-715 Pros. Ex. 112 Extracts from the Reich juvenile 208
court law of 10 November 1943.
NG-715 Pros. Ex. 112 Fifth decree, 5 May 1944, amending 209
the decree concerning special criminal
law in time of war and special
emergency.
NG-715 Pros. Ex. 112 Decree of the Reich government, 21 218
March 1933, on the formation of
Special Courts.
NG-715 Pros. Ex. 112 Decree of 21 February 1940 concerning 222
jurisdiction of criminal courts,
Special Courts, and additional provisions
of criminal procedure.
NG-715 Pros. Ex. 112 Letter from Under Secretary Freisler 226
to presidents and public prosecutors
at courts of appeal, 26 September
1941, concerning handling of
certain wartime crimes by Special
Courts to speed up proceedings.
NG-715 Pros. Ex. 112 Extract from law of 24 April 1934 231
amending regulations of penal law
and criminal procedure.
NG-715 Pros. Ex. 112 Extracts from law, 16 September 233
1939, amending regulations of general
criminal procedure, military
criminal procedure and the penal
code.
NG-715 Pros. Ex. 112 Law of 14 July 1933 for the prevention 243
of progeny with hereditary
diseases (Gesetz zur Verhuetung
Erbkranken Nachwuchses).
NG-715 Pros. Ex. 112 Extracts from decree of 5 December 245
1933 for the execution of the law
for prevention of progeny with
hereditary diseases.
NG-715 Pros. Ex. 112 Third decree for the implementation 246
of the law for the prevention of
progeny with hereditary diseases,
25 February 1935.
NG-715 Pros. Ex. 112 Decree of 15 February 1945 on 250
civilian courts martial procedure.
NG-715 Pros. Ex. 112 Extract from law, 16 September 1939, 405
amending regulations of general
criminal procedure, military criminal
procedure, and the penal code.
NG-715 Pros. Ex. 112 Decree of 21 February 1940 concerning 410
the nullity plea.
NG-715 Pros. Ex. 112 Second Executive Decree, 31 May 627
1941, for the execution of the law
for the protection of German Blood
and Honor.
NG-715 Pros. Ex. 112 Decree of 4 December 1941 concerning 632
the administration of penal justice
against Poles and Jews in the
Incorporated Eastern Territories.
NG-715 Pros. Ex. 112 Thirteenth regulation under the 685
Reich Citizenship Law, 1 July 1943.
NG-744 Pros. Ex. 500 Letter from the Reich Ministry of 668
Justice, signed by Freisler, to
presidents of district courts of appeal
and others, 7 August 1942,
concerning “Poles and Jews in proceedings
against Germans.”
NG-752 Pros. Ex. 24 Extract from Hitler’s speech to the 436
German Reichstag, 26 April 1942,
requesting confirmation of the
right to keep everyone at his duty
and expressing his intention to intervene
where judges “do not understand
the demand of the hour.”
NG-770 Pros. Ex. 291 Circular of the Reich Minister of Justice 917
signed by defendant Engert,
to attorneys general, 12 December
1944, redefining limitations on divine
services for prisoners.
NG-787 Pros. Ex. 507 Letter of the Reich Ministry of Justice 676
to leading judges and prosecutors,
4 April 1944, transmitting a
report of the Reich Statistical Bureau
on “Criminality in the Greater
German Reich in the year 1942,”
exclusive of cases handled by the
People’s Court.
NG-789 Pros. Ex. 432 Announcement by the Reich Minister 248
of Justice, 17 December 1943, concerning
the appointment of a Referent
with the duty of training
judges and others in a racial,
hereditary, and criminological-biological
line of thought.
NG-825 Pros. Ex. 433 Report on a conference, 22 August 365
1939, between defendant Rothenberger
and SS Major Eckhardt, SD
Chief in Hamburg, concerning cooperation
of the judiciary with the
SD in Hamburg.
NG-857 Pros. Ex. 434 Letter from Thierack to the president 506
of the Reich Supreme Court,
29 September 1943, proposing SS
Generals Ohlendorf and Cerff as
guest speakers.
NG-880 Pros. Ex. 459 Letter from Ministry of Justice, 598
signed by defendant Schlegelberger,
to Minister of Interior and
the Fuehrer’s deputy, 3 February
1940, transmitting drafts of decrees
for introducing German law
into Incorporated Eastern Territories,
and a memorandum of the
Reich Chancellery initialed by
Lammers and defendant Klemm.
NG-900 Pros. Ex. 453 Letter from the Chief of Security Police 714
and SD to Ministry of Justice,
3 May 1944, entitled “Requests
made by the courts for information
on Jews,” and interoffice memorandums
leading to dispatching of
a letter drafted by defendant Altstoetter.
NG-901 Pros. Ex. 436 Two orders signed by defendant 363
Schlegelberger for the initiation of
criminal proceedings against notaries
because of their attitude toward
the National Socialist State,
19 May 1938 and 6 December 1938.
NG-938 Pros. Ex. 438 Letter from the office of the Supreme 235
Chief of the SA, signed by defendant
Klemm, 4 December 1936, proposing
five SA leaders as associate
judges of the People’s Court.
NG-1070 Pros. Ex. 439 Law of 1 December 1933 concerning 166
special Nazi Party and Storm
Troops’ (SA) jurisdiction over
members of the Nazi Party, the
SA, and their subordinate organizations.
NG-1106 Pros. Ex. 462 Extract from the minutes of a conference 642
between defendant Rothenberger
and three judges of the
Hamburg courts, 23 January 1942,
concerning the exemption of destitute
Jews from court fees.
NG-1612 Pros. Ex. 519 Decree of 13 June 1940 concerning 607
organization of courts in the Incorporated
Eastern Territories.
NG-1615 Pros. Ex. 521 Decree of 31 May 1941 concerning 626
the introduction of the Nuernberg
racial laws in the Incorporated
Eastern Territories.
NG-1656 Pros. Ex. 535 Draft of proposed memorandum to 701
Hitler from Ministry of Justice,
April 1943, initialed by defendant
Rothenberger and Ministerial Director
Vollmer, concerning imminent
prosecution of a Jewess for
selling her mother milk to a German
pediatrician.
NG-1807 Pros. Ex. 626 Decree of 11 June 1940 concerning 197
execution of prison sentences for
crimes committed in time of war.
NG-1808 Pros. Ex. 557 Extracts from the official files in the 913
case against Luitpold Schosser, a
Catholic priest, sentenced on 19
December 1942, under the law
against insidious attacks on State
and Party by a Special Court
headed by defendant Rothaug.
NG-1886 Pros. Ex. 546 Letter from defendant von Ammon to 804
the attorney general in Munich, 22
November 1944, concerning the
execution of “Night and Fog”
prisoners.
NG-1918 Pros. Ex. 531 Decree of 25 August 1944 for the 210
protection of the total war effort.
NG-2218 Pros. Ex. 604 Circular letter from defendant 321
Schlegelberger to presidents of district
courts of appeal, 31 January
1938, requesting lists of attorneys
allowed to defend prisoners held in
protective custody.
635-PS Pros. Ex. 109 Letter from Lammers to Reich Minister 578
of Justice Thierack, 4 June
1944, concerning “People’s justice
against Anglo-American murderers,”
and enclosing Bormann’s circular
to Nazi Party leaders on this
subject.
648-PS Pros. Ex. 264 Directive on behalf of the Reich Minister 343
of Justice to public prosecutors,
22 October 1942, concerning
the “transfer of asocial prisoners
to the police.”
654-PS Pros. Ex. 39 Memorandum of the Reich Minister 504
of Justice on a conference with
Himmler, 18 September 1942, concerning
“special treatment at the
hands of the police” where “judicial
sentences are not severe
enough,” the working of “asocial
elements” to death, and other matters.
662-PS Pros. Ex. 263 Notes of the Reich Ministry of Justice 670
on a conference of 9 October
1942 on transfer of convicts and
“asocials” in various categories to
the Africa brigade, special commandos
in the East, and to Himmler.
664-PS Pros. Ex. 348 Circular letter of Himmler to the 713
supreme Reich authorities, 10
March 1944, noting that “the
accomplished evacuation and isolation”
of Jews and gypsies had made
meaningless the previous manner
of publishing special directives concerning
them.
669-PS Pros. Ex. 305 Keitel letter of 12 December 1941, 777
transmitting the first implementation
decree to the “Night and Fog”
decree.
671-PS Pros. Ex. 304 Letter from Keitel, Chief of Armed 774
Forces High Command, to Ministry
of Justice, 12 December 1941,
transmitting Hitler’s “Night and
Fog” decree and its first implementation
order; interoffice memorandum
requesting transmittal of the
letter to defendant Schlegelberger.
701-PS Pros. Ex. 268 Directive of 1 April 1943, on behalf 347
of the Reich Minister of Justice announcing
that Poles and Jews released
from prisons pursuant to a
decision of the Reich Security Main
Office, are to be transferred to concentration
camps.
1393-PS Pros. Ex. 508 Law, 20 December 1934, on insidious 173
acts against State and Party for
the protection of Party uniforms
[Heimtueckegesetz].
1733-PS Pros. Ex. 303 Secret “Night and Fog” Decree of 775
Hitler, signed by Keitel, 7 December
1941, concerning measures to
be taken against persons offering
resistance to German occupation.
2521-PS Pros. Ex. 310 Letter from the SS Economic and 786
Administrative Main Office to concentration
camp commanders, 18
August 1942, transmitting instructions
for treatment of “Night and
Fog” prisoners.
4055-PS Pros. Ex. 401 Letter from defendant Schlegelberger 646
to Lammers, 12 March 1942, expressing
concern about contemplated
anti-Jewish measures; reply
from Lammers, 18 March 1942; letter
from Schlegelberger to seven
government and Party agencies on
“The final solution of the Jewish
problem,” 5 April 1942; file note on
situation of Berlin Jews, 21 November
1941.
Altstoetter Altstoetter Extract from the German Civil Service 182
10 Ex. 1 Law (Deutsches Beamtengesetz,
or “DBG”), 26 January 1937.
Joel 8 Joel Ex. 11 Letter of Reich Minister of Justice 314
Guertner to Reich Minister of the
Interior Frick, 14 May 1935, protesting
against the “Mistreatment
of Communist prisoners by policemen.”
Klemm 1 Klemm Ex. 1 The “Enabling Act.” (_Also NG-715, 163
Pros. Ex. 112._)
Klemm 20 Klemm Ex. 20 Letters from Guertner, Reich Minister 352
of Justice, to Hitler’s deputy,
Rudolf Hess, and to the SA Chief
of Staff, Viktor Lutze, 5 June 1935,
concerning interference in the trial
of camp Hohenstein personnel.
Klemm 28 Klemm Ex. 28 Order of Prussian Ministry of Justice, 313
15 March 1934, informing authorities
of Goering’s decree of 11
March 1934, authorizing the Gestapo
and certain Prussian authorities
to order protective custody for
political reasons.
Klemm 29 Klemm Ex. 29 Decree of 17 October 1939, establishing 190
special jurisdiction and providing
for judges appointed by
Himmler, for criminal proceedings
against members of the SS and
police formations on special tasks.
Klemm 33 Klemm Ex. 33 Party Chancellery instructions to 361
Party officials, 31 August 1937 and
9 February 1938, concerning the
exclusive concern of judicial authorities
in prosecuting punishable
offenses and procedures where
Party members may have committed
them.
Klemm 33 Klemm Ex. 33 Announcement of Martin Bormann, 540
Party Chancellery chief, 2 December
1942, requesting Gauleiter to
inform the Party Chancellery of
their opinions on the Judges’ Letters
and of good and bad verdicts.
Klemm 57 Klemm Ex. 57 Extracts from decree, 13 December 211
1944, for the further adaptation of
criminal procedure to the requirements
of total war (fourth decree
for the simplification of criminal
procedure).
Klemm 58 Klemm Ex. 58 Decree signed by Dr. Conti and defendant 249
Klemm, 14 November 1944,
temporarily suspending activities
of higher hereditary health courts,
and automatically legalizing pending
contested decisions.
Klemm 68a Klemm Ex. 68a Decree of Himmler to all higher SS 568
and police leaders, 10 August 1943,
concerning “controversies between
German citizens and parachuted
English and American terror
fliers.”
Rothenberger Rothenberger Extracts from a report on a 1 February 327
3 Ex. 3 1939 conference at the Ministry
of Justice between defendant Rothenberger
and various court presidents.
(_Also NG-629, Pros. Ex.
28._)
Rothenberger Rothenberger Extracts from a report on a conference 594
3 Ex. 3 of defendant Rothenberger
and various court presidents, 1
February 1939, concerning “race
pollution,” exclusions of Jews from
employment, and “the legal treatment
of Jews.” (_Also NG-629,
Pros. Ex. 28._)
Rothenberger Rothenberger Letter of defendant Klemm to the 545
73 Ex. 7 president of the Hamburg District
Court of Appeal, 1 March 1945,
stating that sentences in cases of
“undermining the military efficiency”
of Germany have been too
lenient. (_Also NG-627, Pros. Ex.
474._)
Schlegelberger Schlegelberger Order of 16 January 1942 for execution 201
23 Ex. 63 of the Fuehrer decree concerning
the position of chief of the
Party Chancellery.
Schlegelberger Schlegelberger Letter from the chief of the Fuehrer’s 363
34 Ex. 92 Nazi Party Chancellery to defendant
Schlegelberger, 30 January
1938, stating that Hitler has directed
that Schlegelberger be accorded
membership in the Nazi
Party.
Schlegelberger Schlegelberger Decree of 6 June 1940 on the introduction 608
60 Ex. 26 of German penal law in the
Incorporated Eastern Territories.
Schlegelberger Schlegelberger Extracts from an article by Dr. Roland 636
61 Ex. 27 Freisler, Under Secretary in
the Reich Ministry of Justice, January
1942, concerning criminal jurisdiction
for Poles.
Schlegelberger Schlegelberger Extracts from Decree, 21 February 234
88 Ex. 81 1940, concerning the jurisdiction of
criminal courts, Special Courts,
and additional provisions of criminal
procedure.
Schlegelberger Schlegelberger Extracts from the regulation of the 318
90 Ex. 83 Reich Ministry of the Interior, 25
January 1938, concerning protective
custody.
Schlegelberger Schlegelberger Decree, 28 February 1933, by Reich 160
91 Ex. 84 President von Hindenburg, cosigned
by Reich Chancellor Hitler
and Reich Ministers Frick and
Guertner, suspending constitutional
rights and instituting other measures.
(_Also Document NG-715,
Pros. Ex. 112._)
Schlegelberger Schlegelberger Decree, 10 July 1937, of the Fuehrer 183
127 Ex. 123 and Reich Chancellor concerning
appointment of civil servants and
termination of civil service status.
TESTIMONIES
Page
Extracts from the testimony of defendant _Altstoetter_ 766
Extracts from the testimony of defendant von _Ammon_ 815
Extracts from the testimony of defendant _Barnickel_ 902
Extracts from the testimony of prosecution witness Friedrich _Elkar_ 367
Extracts from the testimony of prosecution witness Ernst _Escher_ 413
Extracts from the testimony of defense witness Hans _Hagemann_ 579
Extracts from the testimony of defense witness Professor Herman _Jahrreiss_ 252
Extracts from the testimony of defendant _Klemm_ 384, 547, 587, 733, 939
Extracts from the testimony of defendant _Lautz_ 406, 888
Extracts from the testimony of prosecution witness Rudolf _Lehmann_ 804
Extract from the testimony of defendant _Mettgenberg_ 212
Extract from the testimony of defendant _Oeschey_ 761
Extracts from the testimony of defendant _Rothaug_ 391, 416, 744, 907, 930
Extracts from the testimony of defendant _Rothenberger_ 387, 489, 511, 754
Extracts from the testimony of defendant _Schlegelberger_ 284, 349, 460, 717, 808, 887
Extracts from the testimony of prosecution witness Father Luitpold _Schosser_ 918
U. S. GOVERNMENT PRINTING OFFICE: 1951--907802
FOOTNOTES:
[1] Although the subject material in many of the cases overlaps, it was
believed that this arrangement of the cases would be most helpful to
the reader and the most feasible for publication purposes.
[2] See protocol p. XVIII for correction of this paragraph.
[3] Judge Harding’s middle name was correctly used as “Woodward” in
General Orders No. 52, OMGUS, 21 June 1947. See section VII, opinion
and judgment.
[4] Id.
[5] The order constituting the Tribunal and designating the judges,
General Orders No. 11, 14 February 1947, is reproduced on page 7.
Because of illness, Judge Marshall was obliged to retire from the case
after the trial was under way. Thereupon, Judge Brand succeeded Judge
Marshall as Presiding Judge and, pursuant to Article II, paragraphs
(_b_) and (_f_) of Military Government Ordinance No. 7, Judge
Harding became a full member of the Tribunal. The text of General Order
No. 52, OMGUS, 21 June 1947, is quoted in the opinion and judgment,
(sec. VII). The final order of the Military Governor providing for
these changes in the constitution of the Tribunal is reproduced on page
8.
[6] A “Staatssekretaer” is approximately the equivalent of an under
secretary in one of the executive departments of the United States
Government. During the trial “Staatssekretaer” was translated
synonymously as State Secretary or Under Secretary.
[7] This caption, with the necessary factual changes, appeared at
the top of the first page of the transcript for each day of the
proceedings. Hereinafter it will be omitted from all extracts from the
transcript.
[8] The defendant Westphal committed suicide in the Nuernberg prison
adjacent to the Palace of Justice where the trials were held.
[9] Tr. pp. 34–137, 5 March 1947.
[10] Trial of the Major War Criminals, Nuremberg, 1947, volume I, page
181.
[11] These two charts are reproduced below in section IV C 2.
[12] Later nine more were formed in Austria, Danzig, Poland,
Sudetenland, and Bohemia, making 35 in all.
[13] Hitler’s speech to the Reichstag 13 July 1934, Voelkischer
Beobachter, 15 July 1934.
[14] Voelkischer Beobachter, 27 August 1930.
[15] Deutsche Allgemaine Zeitung, 28 November 1934.
[16] Speech before the NSDAP congress, 14 September 1935; Dokumente der
Deutschen Politik, volume 3, page 315.
[17] _A Nation Beholds Its Rightful Law_, lecture at the
University of Rostock, 13 February 1936.
[18] Trial of the Major War Criminals, op. cit., page 179.
[19] 1933 Reichsgesetzblatt I, 175. This decree is one of over 40
laws and decrees collected by the prosecution and introduced as
Document NG-715, Prosecution Exhibit 112. Most of these are reproduced
chronologically in section IV B below. See footnote 1, page 160.
[20] 26 January 1937, Reichsgesetzblatt I, 39, 71.
[21] Decree of the Reich President for Protection against Insidious
Attacks on the Government of the Nationalist Movement of 21 March 1933,
Reichsgesetzblatt I, page 135.
[22] 15 September 1935; Reichsgesetzblatt I, page 1146.
[23] 17 August 1938; 1939 Reichsgesetzblatt I, page 1455.
[24] 28 June 1935; 1935 Reichsgesetzblatt I, page 839.
[25] 28 June 1935; 1935 Reichsgesetzblatt I, page 844.
[26] Speech before the NSDAP Congress, op. cit., page 315.
[27] Speech before members of People’s Court, 22 July 1942; reproduced
below in section V C 2a.
[28] Reproduced below in section V C 1a.
[29] 6 May 1940, Reichsgesetzblatt I, page 754.
[30] 16 September 1939, Reichsgesetzblatt I, page 1841.
[31] Decree of 21 February 1940, Reichsgesetzblatt I, page 407.
[32] Decree of 13 August 1942, Reichsgesetzblatt I, page 508.
[33] Decree of 1 September 1939, Reichsgesetzblatt I, page 1658.
[34] Extracted from Voelkischer Beobachter, 27 April 1942; reproduced
below in section V C 2a.
[35] Resolution of the Greater German Reichstag, 26 April 1942,
“Deutsche Justiz,” 1942, page 283.
[36] 20 August 1942, 1942 Reichsgesetzblatt, page 535.
[37] Periodical of Academy for German Law, 1 September 1942, page 44.
[38] Decree on Courts Martial Procedure, 15 February 1945,
Reichsgesetzblatt I, page 30.
[39] Reproduced below in section V C 3 a.
[40] Complete text of the Moscow Declaration is reproduced in the
preface pages of this volume. See table of contents.
[41] Complete text of Ordinance No. 7 is reproduced in the preface
pages of this volume. See table of contents.
[42] Trial of the Major War Criminals, _op. cit._, page 253.
[43] Ibid., pages 253–255.
[44] Complete text of Control Council Law No. 10 is reproduced in the
preface pages of this volume. See table of contents.
[45] Trial of the Major War Criminals, _op. cit._, page 304.
[46] Ibid., p. 318.
[47] Ibid., pages 318–319.
[48] United States _vs._ Holt, 108 F. 2d 365 (C.C.A., 7th, 1939).
[49] Reproduced below in section V D 2.
[50] Trial of the Major War Criminals, _op. cit._, pages 232 and
233.
[51] Rudolf Lehmann was a defendant in Case 12, the “High Command
Case.” He was convicted and sentenced to 7 years’ imprisonment. See
volumes X and XI, this series.
[52] Ibid., p. 271.
[53] 1943. Reichsgesetzblatt I, p. 372.
[54] Reproduced below in section V E.
[55] Reproduced below in section V C 3 b.
[56] Wigmore, John Henry, _A Treatise on the Anglo-American System of
Evidence in Trials at Common Law_ (Wigmore on Evidence), (Little,
Brown & Co., Boston, 1940), 3d Ed., vol. II, p. 206.
[57] Ibid., sec. 363, p. 274.
[58] Ibid., p. 275.
[59] Ibid.
[60] Ibid., p. 275–276.
[61] Ibid., p. 287.
[62] The Volkszeitung of Reuss, 16 March 1931.
[63] Deutscher Juristentag, 30 May 1933, pp. 7 and 8.
[64] Deutsche Justiz, 1941, p. 441.
[65] Ibid., p. 839.
[66] Preussisches Justizministerialblatt, 24 April 1933 (I 9474), p.
130.
[67] Decree concerning Community Life of Undergraduates of Law
(referendare) admitted to the Second State Examination, Preussisches
Justizministerialblatt, (I 10136) 29 June 1933, p. 210.
[68] Trial of the Major War Criminals, _op. cit._, pp. 255–257.
[69] Ibid., pp. 270–273.
[70] Ibid., pp. 258–261.
[71] This general opening statement by Dr. Kubuschok was made, as noted
by the Tribunal, “in behalf of all of the defendants.” (Tr. p. 4055.)
Both this statement (Tr. pp. 4057–4083) and those on behalf of each
defendant (Tr. pp. 4084–4221) were delivered on 23 and 24 June 1947.
[72] Professor Jahrreiss appeared as a defense witness on 25 and 26
June 1947. Extracts from his testimony are reproduced below in section
IV D. Dr. Niethammer did not appear as a witness.
[73] Tr. pp. 4084–4089.
[74] The general opening statement on behalf of all defendants is
reproduced immediately above, section III B.
[75] Tr. pp. 4090–4106.
[76] Tr. pp. 4106–4119.
[77] Transcript pages 4120–4124.
[78] Tr. pp. 4138–4140.
[79] Document is reproduced below in section V D 3.
[80] Tr. pp. 4141–4148.
[81] Technische Nothilfe, Technical Emergency Corps.
[82] The prosecution collected over forty different laws, decrees,
extracts from the Weimar constitution, or German legal writings
in Document NG-715 and introduced these in one document book as
Prosecution Exhibit 112. Numerous decrees and laws from Document NG-715
are reproduced in this and later sections of this volume. Therefore,
where a particular law or decree is reproduced in different parts
of this volume under the heading “Partial Translation of Document
NG-715,” this does not necessarily mean that only extracts from that
law or decree are reproduced. It merely means that only a part of
Document NG-715, which in fact contained many different “documents,” is
reproduced at that point.
[83] The defense often included all or parts of documents in their
document books which had previously been introduced as exhibits by the
prosecution. This was not necessary, of course, in order to give the
defense the benefit of materials contained in prosecution exhibits,
but it was apparently done to bring together in one place (the defense
document books) the documentary materials upon which the defendant
principally relied. In this volume the editors have occasionally noted
the designation of documents as both prosecution and defense exhibits.
[84] During the early period of the Nazi regime, this decree served as
the basis for numerous “restrictions on personal freedom,” including
the placing of persons in “protective custody” without trial. For
example, see the Goering decree concerning the Secret State Police
(Gestapo) of 11 March 1934, (Klemm Doc. 28, Klemm Ex. 28), reproduced
below in section V B. See also Document NG-478, Prosecution Exhibit 61,
in section C-3.
[85] These articles, contained in part II (“Fundamental Rights and
Duties of Germans”) of the Weimar constitution, read:
“Article 114. Personal liberty is inviolable. No encroachment on
or deprivation of personal liberty by any public authority is
permissible except in virtue of a law.
“Persons, who have been deprived of their liberty, shall be
informed--at the latest on the following day--by what authority
and on what grounds the deprivation of liberty has been ordered;
opportunity shall be given them without delay to make legal
complaint against such deprivation.
“Article 115. The residence of every German is an inviolable
sanctuary for him; exceptions are admissible only in virtue of
laws.
* * * * *
“Article 117. The secrecy of correspondence and of the postal,
telegraph, and telephone services is inviolable. Exceptions may
be permitted only by law of the Reich.
“Article 118. Every German has the right, within the limits of
general laws, to express his opinion freely, by word of mouth,
writing, printed matter or picture, or any other manner. This
right must not be affected by any conditions of his work or
appointment, and no one is permitted to injure him on account of
his making use of such rights.
“No censorship shall be enforced, but restrictive regulations
may be introduced by law in reference to cinematograph
entertainments. Legal measures are also admissible for the
purpose of combating bad and obscene literature, as well as for
the protection of youth in public exhibitions and performances.
* * * * *
“Article 123. All Germans have the right without notification or
special permission to assemble peaceably and unarmed.
“Open-air meetings may be made notifiable by a law of the Reich,
and in case of direct danger to public security may be forbidden.
“Article 124. All Germans have the right to form unions
and associations for purposes not in contravention of the
penal laws. This right may not be restricted by preventive
regulations. The same provisions apply to religious unions and
associations.
“Every union is at liberty to acquire legal rights in accordance
with the provisions of the Civil Code. These rights shall not
be refused to a union on the ground that its objects are of
political, social-political, or religious nature.
* * * * *
“Article 153. Property is guaranteed by the constitution. Its
extent and the restrictions placed upon it are defined by law.
“Expropriation may be effected only for the benefit of the
general community and upon the basis of law. It shall be
accompanied by due compensation, save insofar as may be
otherwise provided by a law of the Reich. In case of dispute
as to the amount of compensation, resort may be had to legal
proceedings in the ordinary course, unless a law of the Reich
otherwise determines. Property of the states, local authorities,
and public utility associations may be expropriated by the Reich
only on payment of compensation.
“The ownership of property entails obligations. Its use must at
the same time serve the common good.”
[86] This act became known as the “Enabling Act” because it authorized
Hitler and his government to alter the statutory law and even the
constitution of Germany without the participation or consent of the
legislative bodies. See the testimony of the expert witness for the
defense, Professor Jahrreiss, section D, below.
[87] This law repealed an earlier law of 28 April 1933 creating a
special basis for imposing disciplinary penalties on members of the SA
and the SS.
[88] Before the reorganization of the German judicial system by the
Hitler regime, the administration of justice was largely the function
of the separate German states (Laender) making up the Reich.
[89] For more extensive evidence from the record concerning treason and
related matters, see section V E, below.
[90] This part is reproduced below on page 231.
[91] The full text of this law was submitted in evidence as
Schlegelberger Document 26, Schlegelberger Defense Exhibit 66. The
parts of the law not reproduced here deal with arrangements for the
further transfer of the administration of justice from the individual
German states (Laender) to the Reich.
[92] Article 2 of the penal code prior to the above amendment was as
follows:
“For no act may punishment be imposed unless such punishment is
prescribed by statute before the act is committed. In the event of any
change in the statute between the time of commission of an act and the
time of rendering a decision, the most lenient statute shall apply.”
[93] This law and the Reich citizenship law of the same date constitute
the original “Nuernberg Laws,” so-called because both were issued
in Nuernberg “at the Reich Party Congress for Freedom.” The Reich
citizenship law (1935 Reichsgesetzblatt, Part I, page 1146), was signed
by Hitler and Frick, the Reich Minister of Interior. The text of this
law reads as follows:
“The Reichstag has unanimously decided on the following law,
which is herewith promulgated: