[227] Further extracts from the testimony of defendant Rothaug are reproduced later in this section and in sections V D 2, V E, and V F.
Complete testimony is recorded in the mimeographed transcript, 11–14, 18–22, 25, and 26 August 1947, pages 6754–6917, 6928–7016, 7179–7395, 7406–7470, 7474–7636, 7640–7648.
[228] Extracts from the testimony of the prosecution witness Elkar are reproduced earlier in this section.
[229] Testimony of Dr. Karl Ferber, a prosecution witness, is not reproduced herein.
[230] Doebig was a prosecution witness. His testimony is recorded in the mimeographed transcript 9, 10 August 1947, pages 1750–1872.
[231] In German legal terminology a judgment or an interlocutory ruling is described as “rechtskraeftig” if all regular means of opposing or altering it (by such means as objection and appeal) have been exhausted, or if the period of time within which objection or appeal can be taken has lapsed. The term “rechtskraeftig” in this trial, Justice Case, was usually translated as “final.”
[232] Further extracts from the testimony of the defendant Lautz are reproduced below in section V E. His entire testimony is recorded in the mimeographed transcript (23, 24, 25, 28 July 1947, pages 5761–5775, 5781–6054).
[233] Concerning the purpose of the extraordinary objection, the defendant Schlegelberger stated the following in a letter to Hitler on 6 May 1942: “In order to accelerate the setting aside of such decisions [judgments not accomplishing the unrelenting punishment of criminals], you, my Fuehrer, created the extraordinary objection to the Reich Supreme Court. With the help of this legal resource the judgment against Schlitt, which you mentioned in the session of the Reichstag, was quashed within 10 days by sentence of the Reich Supreme Court. Schlitt was sentenced to death and executed at once.” (See Doc. NG-102, Pros. Ex. 75, reproduced in sec. V C 2 a.)
[234] Dr. Escher acted as a defense lawyer for a number of accused persons during the Nazi regime and executed a number of affidavits concerning his experiences which were introduced as exhibits by the prosecution. Extracts from Dr. Escher’s cross-examination concerning his affidavit on the nullity plea appear immediately below.
[235] This decree is reproduced in part immediately above.