[425] Document NG-392, Prosecution Exhibit 373, is not reproduced herein. It is a situation report of 5 January 1942 from defendant Rothenberger to defendant Schlegelberger. The item of this report concerning privileges of Jews in court proceedings is the following: “VII. The lower courts do not grant to Jews the right to participate in court proceedings in forma pauperis. The district court suspended such a decision in one case. The refusal to grant this right of participation in court proceedings in forma pauperis is in accordance with today’s legal thinking. But since a direct legal basis is missing, the refusal is unsuitable. We therefore think it urgently necessary that a legal regulation or order is given, on the basis of which the rights of a pauper can be denied to a Jew.”
[426] Document NG-1106, Prosecution Exhibit 462, reproduced in part above in this section.
[427] Reproduced above in this section.
[428] In January 1944, at Thierack’s request, defendant Klemm was made Under Secretary.
[429] Document NG-1656, Prosecution Exhibit 535, above, earlier in this section.
[430] Further testimony of defendant Rothenberger denying knowledge of “final liquidation” measures of Poles and Jews is reproduced in section V C 3 a.
[431] Complete testimony is recorded in the mimeographed transcript, (9, 10, 11, 12, and 15 Sep 1947), pages 8510–8548, 8559–8805.
[432] From these official files only the opinion and sentence of the Nuernberg Special Court has been reproduced herein. See Document NG-457, Prosecution Exhibit 201, reproduced in part above in this section.
[433] Actually only the first two of these three exhibits are affidavits. Document NG-650, Prosecution Exhibit 229, is an affidavit of Associate Judge Dr. Franz Gros. Document NG-635, Prosecution Exhibit 235, is an affidavit of Associate Judge Dr. Theodor Pfaff. Gros and Pfaff were the two associate judges sitting in the Kaminska-Wdowen case with defendant Oeschey. Both were called as witnesses before the Tribunal. (Gros, 30 Apr 1947, tr. pp. 2826–2882) (Pfaff, 27 May 1947, tr. pp. 3642–3650). The third mentioned exhibit, Document NG-2245, Prosecution Exhibit 635, is a newspaper clipping of 25 August 1942. None of these three exhibits and none of the testimony of Gros and Pfaff is reproduced herein.
[434] Associate Judge Dr. Franz Gros. In addition, the second associate judge was also heard. See footnote 2.