INDEX OF DOCUMENTS AND TESTIMONIES IN CASE 3
Reading edition
(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 18 September 1942 at Himmler’s field headquarters between Himmler, Reich Minister of Justice Thierack, and defendant Rothenberger. 503
NG-071 Pros. Ex. 98 Secret report of the Chief of the Security Police and SD, 3 September 1942, concerning “the control of penal jurisdiction” and the reactions of judges thereto. 454
NG-075 Pros. Ex. 27 Correspondence between the Reich Chancellery and Hitler’s adjutant, May and June 1942, mentioning that Hitler had considered “noteworthy” the Rothenberger memorandum on judicial reform. 467
NG-077 Pros. Ex. 306 Letter from Under Secretary Freisler 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. 782
NG-102 Pros. Ex. 75 Four communications, May–June 1942, concerning the authority for the confirmation of sentences. 438
NG-126 Pros. Ex. 356 Letter from defendant Schlegelberger 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. 666
NG-128 Pros. Ex. 354 Letter from the Provincial President of Upper Silesia to Lammers, 26 January 1942, requesting the power of amnesty for Poles and Jews sentenced to death. 665
NG-129 Pros. Ex. 355 Letter from defendant Schlegelberger 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. 665
NG-130 Pros. Ex. 200 File note of the Reich Chancellery, 22 April 1941, concerning Schlegelberger’s draft of a proposed decree on penal law for Poles and Jews in the Incorporated Eastern Territories. 620
NG-136 Pros. Ex. 345 Memorandums of the Reich Chancellery, 27 May 1941, concerning criminal law to be instituted in the Incorporated Eastern Territories, including copies of letters to defendant Schlegelberger, Bormann, and Himmler. 622
NG-144 Pros. Ex. 199 Letter from defendant Schlegelberger to Lammers, 17 April 1941, concerning “penal laws for Poles and Jews in the Incorporated Eastern Territories.” 611
NG-149 Pros. Ex. 110 Various memorandums from the files of the High Command of the Armed Forces, 6 June-5 July 1944, concerning the treatment of “Terror Fliers.” 569
NG-151 Pros. Ex. 204 Selections from correspondence preceding 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. 686
NG-152 Pros. Ex. 63 Letters from defendant Schlegelberger to Hitler and Lammers, March 1941 and March 1942, concerning judicial sentences displeasing Hitler and proposing participation in civil proceedings by public prosecutors. 417
NG-154 Pros. Ex. 152 Opinion and sentence of the Nuernberg Special Court in the Katzenberger case, 13 March 1942, in which defendant Rothaug was presiding judge. 653
NG-157 Pros. Ex. 103 Letter from the Reich Minister of 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.” 241
NG-160 Pros. Ex. 124 Letter from Freisler, president of the 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. 236
NG-186 Pros. Ex. 340 Memorandum from Freisler, president of the People’s Court, 1 April 1944, concerning assignment of various types of cases to the several senates of the People’s Court. 238
NG-190 Pros. Ex. 284 Various memorandums and lists of Reich Ministry of Justice, 28 September 1939 to 7 March 1941, concerning executions without trial or executions after trial under various circumstances. 331
NG-205 Pros. Ex. 328 Secret directive of the Reich Ministry 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. 798
NG-219 Pros. Ex. 42 Report from the general public prosecutor in Jena to the Reich Ministry of Justice, 30 September 1943, concerning cooperation of justice authorities with the SD, and interoffice memorandums pertaining thereto. 507
NG-228 Pros. Ex. 312 Memorandums of defendant von Ammon to defendant Rothenberger, 9 and 26 September 1942, concerning pending “Night and Fog” cases and the handling of these prisoners. 788
NG-230 Pros. Ex. 331 Letter from Armed Forces High 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. 801
NG-232 Pros. Ex. 308 Circular Decree of the Reich Ministry of Justice, signed by Under Secretary Freisler, 6 February 1942, assigning particular Special Courts to handle “Night and Fog” cases. 784
NG-253 Pros. Ex. 317 Extracts from official correspondence arising out of the question of providing defense counsel in “Night and Fog” trials, 4 January–19 February 1943. 791
NG-255 Pros. Ex. 314 Letter from Ministry of Justice, initialed 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. 789
NG-260 Pros. Ex. 87 Extracts from Lawyers’ Letter No. 1 signed by Reich Minister of Justice Thierack, 1 October 1944. 554
NG-262 Pros. Ex. 333 File note initialed by defendant von Ammon on 10 May 1944, concerning the status of “Night and Fog” cases as of 30 April 1944. 803
NG-269 Pros. Ex. 319 Secret instructions of Reich Ministry 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. 794
NG-270 Pros. Ex. 155 Extracts from an article in Streicher’s “Der Stuermer,” 2 April 1942, concerning the Katzenberger trial and judgment. 650
NG-280 Pros. Ex. 70 Correspondence between the Reich Chancellery and defendant Schlegelberger, March and April 1941, after Hitler had expressed displeasure at a sentence granting extenuating circumstances to a Pole. 421
NG-281 Pros. Ex. 323 File note of defendant von Ammon, 7 October 1943, concerning defendant Lautz’ question as to giving defendants translations of the indictments against them in “Night and Fog” cases. 797
NG-287 Pros. Ex. 88 Correspondence between Lammers, Schaub, and defendant Schlegelberger, October 1941, concerning transfer of Markus Luftgas to the Gestapo for execution. 429
NG-298 Pros. Ex. 81 The first issue of the Judges’ Letters, 1 October 1942. 525
NG-315 Pros. Ex. 82 Extracts from issue No. 3 of the Judges’ Letters, 1 December 1942, summarizing two cases and giving in each case the opinion of the Reich Minister of Justice. 535
NG-323 Pros. Ex. 32 Letters from the Reich Ministry of 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. 358
NG-326 Pros. Ex. 456 Directive of 12 June 1937 from Heydrich, Chief of the Security Police to Police Offices, concerning protective custody for Jewish race defilers. 317
NG-327 Pros. Ex. 359 Letter from Lammers to Thierack, 23 October 1942, stating that the opinion of the Gauleiter has to accompany clemency cases submitted to Hitler. 510
NG-331 Pros. Ex. 343 Draft of a proposed ordinance concerning 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. 615
NG-337 Pros. Ex. 186 The Lopata case, April-December 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. 852
NG-340 Pros. Ex. 257 Letter from Bouhelr, chief of the 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. 329
NG-346 Pros. Ex. 101 Circular of the Reich Ministry of Justice to all presidents of the courts of appeal, 11 May 1936, announcing courses for judges dealing with hereditary disease cases. 247
NG-351 Pros. Ex. 132 Secret judgment of first senate of 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. 702
NG-364 Pros. Ex. 108 Secret circular from Martin Bormann to Nazi Party leaders, 30 May 1944, concerning “People’s justice against Anglo-American murderers.” 577
NG-366 Pros. Ex. 256 Minutes of defendant Klemm on conferences of Reich Minister of Justice with attorneys general and presidents of courts of appeal, 23 and 24 January 1939, concerning protective custody. 323
NG-369 Pros. Ex. 258 Letter from People’s Court president, Thierack, to Guertner, 14 August 1940, recommending transfer to concentration camps without trial of persons falling within a “minor guilt” category of high treason. 340
NG-381 Pros. Ex. 159 The Beck case, 5 April–21 September 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. 873
NG-387 Pros. Ex. 400 Report from defendant Rothenberger 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. 446
NG-389 Pros. Ex. 76 Report from defendant Rothenberger 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. 483
NG-395 Pros. Ex. 74 Report from the president of the 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. 448
NG-412 Pros. Ex. 77 Request by Under Secretary Freisler 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. 863
NG-417 Pros. Ex. 23 Summary by Dr. Crohne of the Reich Ministry of Justice concerning Goebbel’s speech to the members of the People’s Court, 22 July 1942. 452
NG-445 Pros. Ex. 73 Letter from the president of the Berlin court of appeal to defendant Schlegelberger, 3 January 1942, commenting upon “influence exerted upon the judges.” 433
NG-457 Pros. Ex. 201 Opinion and sentence of the Nuernberg Special Court, with defendant Oeschey as presiding judge, 29 October 1943, by which two foreign workers were condemned to death. 705
NG-478 Pros. Ex. 61 Letter from Thierack, Reich Minister of Justice, to presidents of courts of appeal, 5 July 1943, discussing development and effectiveness of Special Courts and proposing limitations on their jurisdiction. 227
NG-498 Pros. Ex. 93 Letter from Thierack to presidents of various district courts of appeal, 17 November 1942, concerning manner of acquainting judges and prosecutors in Alsace, Lorraine, and Luxembourg with the Judges’ Letters. 539
NG-500 Pros. Ex. 90 Circular letter from Thierack to judges, 7 September 1942, explaining the establishment and function of the Judges’ Letters. 523
NG-505 Pros. Ex. 71 Circular letter from defendant Schlegelberger to the presidents of the courts of appeal and attorneys general, 24 July 1941, entitled “Mild sentences against Poles.” 628
NG-508 Pros. Ex. 72 Circular letter from defendant Schlegelberger 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. 432
NG-540 Pros. Ex. 260 Letter from Meissner to defendant Schlegelberger, 22 April 1941, concerning transfer of convicted prisoners to the Gestapo. 342
NG-546 Pros. Ex. 141 Draft of a notice to Hitler, initialed 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. 879
NG-548 Pros. Ex. 347 Letter from defendant Lautz, Chief 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. 846
NG-558 Pros. Ex. 143 Letter from Reich Minister of Justice Thierack to Bormann, 13 October 1942, concerning the “Administration of Justice against Poles, Russians, Jews, and gypsies.” 674
NG-589 Pros. Ex. 372 Undated report from the district 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. 643
NG-590 Pros. Ex. 198 Letter from the Reich Ministry of 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. 597
NG-595 Pros. Ex. 136 The Bratek case, 10 December 1942–20 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. 867
NG-611 Pros. Ex. 64 Correspondence between Bormann, 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. 425
NG-627 Pros. Ex. 474 Letter of defendant Klemm to the 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.) 545
NG-629 Pros. Ex. 28 Extracts from a report on a 1 February 1939 conference at the Ministry of Justice between defendant Rothenberger and various court presidents. (Also Rothenberger 3, Rothenberger Def. Ex. 3.) 327
NG-629 Pros. Ex. 28 Extracts from a report on a conference 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.) 594
NG-630 Pros. Ex. 428 Letter from defendant Schlegelberger to Chief Public Prosecutors and senior public prosecutors, 20 July 1935, concerning the “struggle against political Catholicism.” 912
NG-665 Pros. Ex. 346 Supplementary decree, 31 January 1942, concerning the administration of penal justice against Poles and Jews in the Incorporated Eastern Territories. 642
NG-671 Pros. Ex. 220 Extracts from the situation report of defendant Lautz, Chief Public Prosecutor at the People’s Court, to Thierack, 19 February 1944, concerning the undermining of military efficiency. 885
NG-674 Pros. Ex. 100 Circular letter from the Reich Ministry 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.” 880
NG-676 Pros. Ex. 178 Letter from defendant Klemm to the 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. 541
NG-677 Pros. Ex. 188 Extracts from affidavit of Dr. Escher, German attorney, concerning the use of the nullity plea. 411
NG-685 Pros. Ex. 259 Extracts from a letter by Chief Public 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. 840
NG-700 Pros. Ex. 625 Decree, 3 September 1939, of the Fuehrer and Reich Chancellor concerning execution of the right of pardon. 186
NG-715 Pros. Ex. 112 Decree, 28 February 1933, by Reich 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.) 160
NG-715 Pros. Ex. 112 The “Enabling Act.” (Also General Def. 1, Klemm Def. Ex. 1.) 163
NG-715 Pros. Ex. 112 Law, 7 April 1933, concerning admission to the bar. 164
NG-715 Pros. Ex. 112 Extracts from the first law for the transfer of the administration of justice to the Reich, 16 February 1934. 167
NG-715 Pros. Ex. 112 Extracts from the law, 24 April 1934, amending provisions of criminal law and criminal procedure. 169
NG-715 Pros. Ex. 112 Extracts from the second law concerning the transfer of the administration of justice to the Reich, 5 December 1934. 172
NG-715 Pros. Ex. 112 Extracts from law of 28 June 1935 amending the Criminal (Penal) Code. 176
NG-715 Pros. Ex. 112 Extracts from the law, 28 June 1935, The Code of Criminal Procedure and the Judicature Act. 177
NG-715 Pros. Ex. 112 Law, 15 September 1935, for the protection of German blood and honor. 180
NG-715 Pros. Ex. 112 Extracts from the law against economic sabotage, 1 December 1936. 182
NG-715 Pros. Ex. 112 Extracts from decree, 17 August 1938, for special criminal law in time of war and special emergency. 184
NG-715 Pros. Ex. 112 Decree, 1 September 1939, concerning extraordinary measures with regard to foreign radio broadcasts. 185
NG-715 Pros. Ex. 112 Extracts from the war economy decree of 4 September 1939. 187
NG-715 Pros. Ex. 112 Decree, 5 September 1939, against public enemies. 188
NG-715 Pros. Ex. 112 Extracts from decree, 25 November 1939, supplementing penal provisions for protection of the military efficiency of the German people. 192
NG-715 Pros. Ex. 112 Decree of 5 December 1939 against violent criminals. 193
NG-715 Pros. Ex. 112 Decree of 6 May 1940 on the extension of the application of German criminal law. 195
NG-715 Pros. Ex. 112 Extracts from law of 4 September 1941 amending the Criminal (Penal) Code. 199
NG-715 Pros. Ex. 112 Extracts from the eleventh regulation on the Reich Citizenship Law, 25 November 1941. 200
NG-715 Pros. Ex. 112 Fuehrer Decree, 21 March 1942, concerning simplification of the administration of justice. 203
NG-715 Pros. Ex. 112 Unanimous decision of the greater German Reichstag, 26 April 1942, concerning unrestricted powers of Adolf Hitler. 204
NG-715 Pros. Ex. 112 Decree, 15 July 1942, signed by Keitel, Stuckart and defendant Schlegelberger, extending special jurisdiction of SS and police or military courts to the Protectorate of Bohemia and Moravia. 205
NG-715 Pros. Ex. 112 Extracts from decree of 13 August 1942 for the further simplification of the administration of justice in criminal cases. 206
NG-715 Pros. Ex. 112 Hitler decree, 20 August 1942, concerning special powers authorizing the Reich Minister of Justice to deviate from any existing law in establishing a National Socialist administration of justice. 207
NG-715 Pros. Ex. 112 Extracts from the Reich juvenile court law of 10 November 1943. 208
NG-715 Pros. Ex. 112 Fifth decree, 5 May 1944, amending the decree concerning special criminal law in time of war and special emergency. 209
NG-715 Pros. Ex. 112 Decree of the Reich government, 21 March 1933, on the formation of Special Courts. 218
NG-715 Pros. Ex. 112 Decree of 21 February 1940 concerning jurisdiction of criminal courts, Special Courts, and additional provisions of criminal procedure. 222
NG-715 Pros. Ex. 112 Letter from Under Secretary Freisler 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. 226
NG-715 Pros. Ex. 112 Extract from law of 24 April 1934 amending regulations of penal law and criminal procedure. 231
NG-715 Pros. Ex. 112 Extracts from law, 16 September 1939, amending regulations of general criminal procedure, military criminal procedure and the penal code. 233
NG-715 Pros. Ex. 112 Law of 14 July 1933 for the prevention of progeny with hereditary diseases (Gesetz zur Verhuetung Erbkranken Nachwuchses). 243
NG-715 Pros. Ex. 112 Extracts from decree of 5 December 1933 for the execution of the law for prevention of progeny with hereditary diseases. 245
NG-715 Pros. Ex. 112 Third decree for the implementation of the law for the prevention of progeny with hereditary diseases, 25 February 1935. 246
NG-715 Pros. Ex. 112 Decree of 15 February 1945 on civilian courts martial procedure. 250
NG-715 Pros. Ex. 112 Extract from law, 16 September 1939, amending regulations of general criminal procedure, military criminal procedure, and the penal code. 405
NG-715 Pros. Ex. 112 Decree of 21 February 1940 concerning the nullity plea. 410
NG-715 Pros. Ex. 112 Second Executive Decree, 31 May 1941, for the execution of the law for the protection of German Blood and Honor. 627
NG-715 Pros. Ex. 112 Decree of 4 December 1941 concerning the administration of penal justice against Poles and Jews in the Incorporated Eastern Territories. 632
NG-715 Pros. Ex. 112 Thirteenth regulation under the Reich Citizenship Law, 1 July 1943. 685
NG-744 Pros. Ex. 500 Letter from the Reich Ministry of Justice, signed by Freisler, to presidents of district courts of appeal and others, 7 August 1942, concerning “Poles and Jews in proceedings against Germans.” 668
NG-752 Pros. Ex. 24 Extract from Hitler’s speech to the 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.” 436
NG-770 Pros. Ex. 291 Circular of the Reich Minister of Justice signed by defendant Engert, to attorneys general, 12 December 1944, redefining limitations on divine services for prisoners. 917
NG-787 Pros. Ex. 507 Letter of the Reich Ministry of Justice 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. 676
NG-789 Pros. Ex. 432 Announcement by the Reich Minister 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. 248
NG-825 Pros. Ex. 433 Report on a conference, 22 August 1939, between defendant Rothenberger and SS Major Eckhardt, SD Chief in Hamburg, concerning cooperation of the judiciary with the SD in Hamburg. 365
NG-857 Pros. Ex. 434 Letter from Thierack to the president of the Reich Supreme Court, 29 September 1943, proposing SS Generals Ohlendorf and Cerff as guest speakers. 506
NG-880 Pros. Ex. 459 Letter from Ministry of Justice, 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. 598
NG-900 Pros. Ex. 453 Letter from the Chief of Security Police 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. 714
NG-901 Pros. Ex. 436 Two orders signed by defendant 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. 363
NG-938 Pros. Ex. 438 Letter from the office of the Supreme Chief of the SA, signed by defendant Klemm, 4 December 1936, proposing five SA leaders as associate judges of the People’s Court. 235
NG-1070 Pros. Ex. 439 Law of 1 December 1933 concerning special Nazi Party and Storm Troops’ (SA) jurisdiction over members of the Nazi Party, the SA, and their subordinate organizations. 166
NG-1106 Pros. Ex. 462 Extract from the minutes of a conference between defendant Rothenberger and three judges of the Hamburg courts, 23 January 1942, concerning the exemption of destitute Jews from court fees. 642
NG-1612 Pros. Ex. 519 Decree of 13 June 1940 concerning organization of courts in the Incorporated Eastern Territories. 607
NG-1615 Pros. Ex. 521 Decree of 31 May 1941 concerning the introduction of the Nuernberg racial laws in the Incorporated Eastern Territories. 626
NG-1656 Pros. Ex. 535 Draft of proposed memorandum to 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. 701
NG-1807 Pros. Ex. 626 Decree of 11 June 1940 concerning execution of prison sentences for crimes committed in time of war. 197
NG-1808 Pros. Ex. 557 Extracts from the official files in the 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. 913
NG-1886 Pros. Ex. 546 Letter from defendant von Ammon to the attorney general in Munich, 22 November 1944, concerning the execution of “Night and Fog” prisoners. 804
NG-1918 Pros. Ex. 531 Decree of 25 August 1944 for the protection of the total war effort. 210
NG-2218 Pros. Ex. 604 Circular letter from defendant Schlegelberger to presidents of district courts of appeal, 31 January 1938, requesting lists of attorneys allowed to defend prisoners held in protective custody. 321
635-PS Pros. Ex. 109 Letter from Lammers to Reich Minister 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. 578
648-PS Pros. Ex. 264 Directive on behalf of the Reich Minister of Justice to public prosecutors, 22 October 1942, concerning the “transfer of asocial prisoners to the police.” 343
654-PS Pros. Ex. 39 Memorandum of the Reich Minister 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. 504
662-PS Pros. Ex. 263 Notes of the Reich Ministry of Justice 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. 670
664-PS Pros. Ex. 348 Circular letter of Himmler to the 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. 713
669-PS Pros. Ex. 305 Keitel letter of 12 December 1941, transmitting the first implementation decree to the “Night and Fog” decree. 777
671-PS Pros. Ex. 304 Letter from Keitel, Chief of Armed 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. 774
701-PS Pros. Ex. 268 Directive of 1 April 1943, on behalf 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. 347
1393-PS Pros. Ex. 508 Law, 20 December 1934, on insidious acts against State and Party for the protection of Party uniforms [Heimtueckegesetz]. 173
1733-PS Pros. Ex. 303 Secret “Night and Fog” Decree of Hitler, signed by Keitel, 7 December 1941, concerning measures to be taken against persons offering resistance to German occupation. 775
2521-PS Pros. Ex. 310 Letter from the SS Economic and Administrative Main Office to concentration camp commanders, 18 August 1942, transmitting instructions for treatment of “Night and Fog” prisoners. 786
4055-PS Pros. Ex. 401 Letter from defendant Schlegelberger 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. 646
Altstoetter 10 Altstoetter Ex. 1 Extract from the German Civil Service Law (Deutsches Beamtengesetz, or “DBG”), 26 January 1937. 182
Joel 8 Joel Ex. 11 Letter of Reich Minister of Justice Guertner to Reich Minister of the Interior Frick, 14 May 1935, protesting against the “Mistreatment of Communist prisoners by policemen.” 314
Klemm 1 Klemm Ex. 1 The “Enabling Act.” (Also NG-715, Pros. Ex. 112.) 163
Klemm 20 Klemm Ex. 20 Letters from Guertner, Reich Minister 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. 352
Klemm 28 Klemm Ex. 28 Order of Prussian Ministry of Justice, 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. 313
Klemm 29 Klemm Ex. 29 Decree of 17 October 1939, establishing special jurisdiction and providing for judges appointed by Himmler, for criminal proceedings against members of the SS and police formations on special tasks. 190
Klemm 33 Klemm Ex. 33 Party Chancellery instructions to 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. 361
Klemm 33 Klemm Ex. 33 Announcement of Martin Bormann, 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. 540
Klemm 57 Klemm Ex. 57 Extracts from decree, 13 December 1944, for the further adaptation of criminal procedure to the requirements of total war (fourth decree for the simplification of criminal procedure). 211
Klemm 58 Klemm Ex. 58 Decree signed by Dr. Conti and defendant Klemm, 14 November 1944, temporarily suspending activities of higher hereditary health courts, and automatically legalizing pending contested decisions. 249
Klemm 68a Klemm Ex. 68a Decree of Himmler to all higher SS and police leaders, 10 August 1943, concerning “controversies between German citizens and parachuted English and American terror fliers.” 568
Rothenberger 3 Rothenberger Ex. 3 Extracts from a report on a 1 February 1939 conference at the Ministry of Justice between defendant Rothenberger and various court presidents. (Also NG-629, Pros. Ex. 28.) 327
Rothenberger 3 Rothenberger Ex. 3 Extracts from a report on a conference 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.) 594
Rothenberger 73 Rothenberger Ex. 7 Letter of defendant Klemm to the 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.) 545
Schlegelberger 23 Schlegelberger Ex. 63 Order of 16 January 1942 for execution of the Fuehrer decree concerning the position of chief of the Party Chancellery. 201
Schlegelberger 34 Schlegelberger Ex. 92 Letter from the chief of the Fuehrer’s Nazi Party Chancellery to defendant Schlegelberger, 30 January 1938, stating that Hitler has directed that Schlegelberger be accorded membership in the Nazi Party. 363
Schlegelberger 60 Schlegelberger Ex. 26 Decree of 6 June 1940 on the introduction of German penal law in the Incorporated Eastern Territories. 608
Schlegelberger 61 Schlegelberger Ex. 27 Extracts from an article by Dr. Roland Freisler, Under Secretary in the Reich Ministry of Justice, January 1942, concerning criminal jurisdiction for Poles. 636
Schlegelberger 88 Schlegelberger Ex. 81 Extracts from Decree, 21 February 1940, concerning the jurisdiction of criminal courts, Special Courts, and additional provisions of criminal procedure. 234
Schlegelberger 90 Schlegelberger Ex. 83 Extracts from the regulation of the Reich Ministry of the Interior, 25 January 1938, concerning protective custody. 318
Schlegelberger 91 Schlegelberger Ex. 84 Decree, 28 February 1933, by Reich 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.) 160
Schlegelberger 127 Schlegelberger Ex. 123 Decree, 10 July 1937, of the Fuehrer and Reich Chancellor concerning appointment of civil servants and termination of civil service status. 183
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