Chapter LXXXII: 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:

“1. (1) A citizen [Staatsangehoeriger] is one who belongs to the
protective association of the German Reich and owes allegiance
to it. (2) Citizenship can also be obtained according to
regulations of the Reich and State citizenship law.

“2. (1) A Reich citizen [Reichsbuerger] is only a citizen of
German or related blood, who proves through his behaviour, that
he is willing and fit to serve the German people and Reich
faithfully. (2) Reich citizenship [Reichsbuergerrecht] will be
obtained through the award of a Reich citizenship letter. (3)
The Reich citizen is the sole bearer of full political rights to
the extent of the law.

“3. The Reich Minister of the Interior decrees in collaboration
with the deputy of the Fuehrer those legal and administrative
regulations necessary for the execution and supplementation of
this law.”

[94] A number of further decrees as well as other materials
concerning the application of the “Nuernberg Laws” in the
Incorporated Eastern Territories (Poland), are reproduced below
in section V D 2.

[95] This extract is taken from Prof. Arthur Brand’s book,
_The German Civil Service Law_, Berlin, 1937, p. 123.
The book contains the law with extensive annotations and
commentaries, as well as further regulations on the law.

[96] Note that the decree is dated 17 August 1938, at which time
it was signed by Hitler and Keitel. It was not promulgated in
the Reichsgesetzblatt, however, until 26 August 1939. The decree
had no general preamble. The earlier articles are entitled:
“1. Substantive law;” “2. Espionage;” “3. Guerrilla warfare;”
and “4. Acts contrary to decrees issued by the commanders in
occupied foreign territory.”

[97] Materials concerning the application of the law of
“undermining of military efficiency” are reproduced below in
section V-E.

[98] This decree was not published in the Reichsgesetzblatt.
It was taken from a letter of 9 September 1939 from Meissner,
chief of the Presidential Chancellery, transmitting this decree
to the chief of the Reich Chancellery and to the chief of the
Chancellery of the Fuehrer of the Nazi Party.

[99] Material concerning the application of laws on “public
enemies” is reproduced below in section V E.

[100] For other decrees concerning the establishment and
jurisdiction of “Special Courts,” see section C 3 below.

[101] Article 1 of this decree was also introduced as a part
of Document NG-715, Prosecution Exhibit 112. This decree and a
decree of 15 July 1942 extending the jurisdiction of SS courts
into Bohemia and Moravia (reproduced later in this section as
another part of Document NG-715, Prosecution Exhibit 112) were
the subject of questions put to the defendant Schlegelberger by
Judge Harding. This testimony is reproduced below in section V D
3.

[102] The SS Death Head units were in charge of the
concentration camps.

[103] Material concerning the application of the laws on “public
enemies” are reproduced below in section V E.

[104] The Reich Citizenship Law and the Law for the Protection
of German Blood and Honor, both announced in Nuernberg on 15
September 1939, were the basic parts of the so-called “Nuernberg
Laws.” See the Law for the Protection of German Blood and Honor,
reproduced earlier in this section also as a part of Document
NG-715, Prosecution Exhibit 112. Further decrees and other
materials concerning Jews are reproduced below in section V D 2.

[105] The reference is to Hitler’s speech to the Reichstag on
the same day, 26 April 1942. Extracts from this speech (Doc.
NG-752, Pros. Ex. 24) are reproduced below in section V C 2a.

[106] The decree of 17 October 1939 establishing special
jurisdiction in criminal proceedings against members of the SS
and members of police formations on special tasks, (Klemm Doc.
29, Klemm Ex. 29), is reproduced earlier in this section.

[107] Thierack at this time had just been appointed Reich
Minister of Justice. From late January 1941 until the middle of
August 1942, the defendant Schlegelberger had been acting Reich
Minister of Justice. Evidence concerning developments in the
administration of justice while Thierack was Reich Minister are
reproduced below in section V C3.

[108] Martin Bormann, tried _in absentia_ and sentenced to
death by the International Military Tribunal. See Trial of the
Major War Criminals, _op. cit._, volume I, page 367.

[109] Reproduced on page 184 as a part of Document NG-715,
Prosecution Exhibit 112.

[110] Reproduced on page 207 as a part of Document NG-715,
Prosecution Exhibit 112.

[111] At this time the defendant Klemm was one of several Under
Secretaries (Staatssekretaere) in the Reich Ministry of Justice.

[112] Reproduced on page 207 as a part of Doc. NG-715, Pros. Ex.
112.

[113] Complete testimony is recorded in the mimeographed
transcript, (31 July, 1 Aug. 1947), pages 6235–6271; 6274–6362.

[114] Defendant Mettgenberg later testified that in department
III of the Ministry of Justice he held the position of “Referent
for legislation in the field of international penal law” and
that in department IV he was “a subdepartment chief in charge
of a sphere of work which, above all, also concerned affairs of
international penal law” (Tr. p. 6251).

[115] For various periods of time under the Hitler regime, over
half of the defendants held one or more of the various titles
and positions which the defendant Mettgenberg here proceeds to
describe. For example, the defendant Joel was a Referent and
later a ministerial counsellor; the defendants von Ammon and
Westphal were ministerial counsellors; the defendant Mettgenberg
himself was a Ministerialdirigent; the defendants Altstoetter
and Engert were ministerial directors; and the defendants
Schlegelberger, Klemm and Rothenberger were Under Secretaries.
Only two persons held the position of Reich Minister of Justice
during the Hitler regime, Guertner and Thierack, both of whom
were dead by the time of the trial. The defendant Schlegelberger
was acting Reich Minister of Justice between the death of
Guertner in January 1941 and Thierack’s appointment as Minister
in August 1942.

[116] This summary and the following two charts are part of
the “Basic Information” submitted by the prosecution at the
beginning of the case as an aid to the understanding of the
evidence to be later submitted.

[117] This decree is reproduced on p. 218.

[118] This decree is reproduced on p. 231.

[119] For further information on this subject, see
contemporaneous documents below in section C5.

[120] The decree on court martial procedure is reproduced below
in section C6.

[121] A much enlarged copy of this chart was displayed in the
courtroom during several sessions of the trial as a visual aid
in argument and in the presentation of evidence.

[122] A number of the contemporaneous documents reproduced
later in this volume deal with trials held before Special
Courts. Among the specific cases treated herein are the
Katzenberger case (Doc. NG-270, Pros. Ex. 155, and Doc. NG-154,
Pros. Ex. 152), reproduced in part below in section V D2; the
Kaminska-Wdowen case (Doc. NG-457, Pros. Ex. 201) reproduced in
part below in section V D2; and the Father Schosser case (Doc.
NG-1808, Pros. Ex. 557) reproduced in part below in section V F.

[123] This law is reproduced on p. 173.

[124] This decree is reproduced on p. 185.

[125] This decree is reproduced on p. 187.

[126] This decree is reproduced on p. 188.

[127] These decrees, dated 5 September, 4 September, 6 December,
and 1 September 1939, respectively, are reproduced in section B,
above.

[128] This decree is reproduced on p. 218.

[129] This decree, dated 28 February 1933, is reproduced on p.
160.

[130] This decree, dated 20 December 1934, is reproduced on p.
173 under the title, _Law on Insidious Acts against State and
for the Protection of Party Uniforms_.

[131] A number of the contemporaneous documents reproduced
later in this volume deal with trials held before senates of
the People’s Court. Among the specific cases treated herein are
the Stenfanowicz-Lenczewski case (Doc. NG-351, Pros. Ex. 132),
reproduced below in section V D 2; the Bratek case (Doc. NG-595,
Pros. Ex. 136), reproduced in part below in section V E; the
Beck case (Doc. NG-381, Pros. Ex. 159), reproduced in part below
in section V E; and the Paschen case (Doc. NG-546, Pros. Ex.
141), reproduced below in section V E.

[132] The law of 24 April 1934 consists of three chapters
or parts (each divided into several articles and sections).