[535] Other extracts from the testimony of defendant Rothaug appear in sections V C 1 A, V C 1 B, V D 2, and V F.
[536] Extracts from the official files in the Lopata case are contained in Document NG-337, Prosecution Exhibit 186, reproduced above in this section. The defendant Rothaug was presiding judge of the Special Court which sentenced Lopata to death upon a second trial in April 1942.
[537] At the first recess, the prosecution called Mr. Arnold Buchthal, one of the prosecution’s research analysts, as an expert witness concerning the translation and meaning of the disputed words “Polnisches Untermenschentum.” Until 1939, Buchthal had lived in Germany, Austria, and Switzerland; and German was his native language. He testified that the literal translation of “Polnisches Untermenschentum” was “Polish subhumanity;” that he had never heard the expression “Untermenschentum” used in Germany before 1933; that after 1933 the context in which the word was used was always political, referring to Jews, Czechs, Poles, or Communists. On cross-examination, Buchthal said that the word might have been used occasionally in the technical language of the criminologist, but certainly not frequently. (Tr. 7471–7474.)
[538] For the decree establishing the nullity plea and other material concerning its application, see section V C 1 b.
[539] Document 1393-PS, Prosecution Exhibit 508, reproduced in section IV B.
[540] Reproduced as a part of Document NG-715, Prosecution Exhibit 112, on page 160.
[541] This law of 20 December 1934, Document 1393-PS, Prosecution Exhibit 508, is reproduced in section IV B.
[542] This document is discussed in extracts from the testimony of defendant Klemm, reproduced below in this section.
[543] Entire testimony is recorded in the mimeographed transcript (9 May 1947) pages 3021–3046.
[544] The reference is to Article 130a of the Reich Penal Code, which was inserted into the Code by the Law of 26 February 1876: “Imprudent Discussion of State Affairs by Ministers of Religion (Kanzelmissbrauch). 130a. A clergyman or other minister of religion who in the exercise of his calling or on the occasion of such exercise makes affairs of state a subject of his announcement or discussion in a manner endangering public peace either before a crowd or before several people assembled in a church or other place assigned for religious meetings, shall be punished by imprisonment or confinement in a fortress not to exceed 2 years. A similar punishment shall be imposed upon a clergyman or minister of religion who, in the exercise of his calling or on the occasion of such exercise, issues or distributes writings in which affairs of state are made the subject of announcement or discussion in a manner endangering public peace.”