[545] Further extracts from the testimony of defendant Rothaug appear in sections V C 1 a, V C 1 b, V D 2, and V E.
[546] Dr. Karl Ferber’s testimony is recorded in the mimeographed transcript (31 Mar., 1, 3, 8 Apr. 1947), pages 1312–1315, 1319–1466, 1576–1630, 1665–1746. Ferber was a district court director (Landgerichtsdirektor) and associate judge of the Nuernberg Special Court. He was called a prosecution witness. Ferber referred to the case of a second Catholic Priest named Froehlich who had buried a Pole in Roding (Upper Palatinate), mimeographed transcript, pages 1352–1354, 1743–1744.
[547] The text of this law, Document 1393-PS, Prosecution Exhibit 508, is reproduced above in section IV B.
[548] Reference is made to Alfred Rosenberg who was tried and sentenced to death by the International Military Tribunal. See Trial of the Major War Criminals, op. cit., Volumes I-XLII.
[549] The text of article 130a of the Reich Penal Code is reproduced in a footnote earlier in this section. The Insidious Acts Law of 20 December 1934, Document 1393-PS, Prosecution Exhibit 508, is reproduced in section IV B.
[550] Further extracts from the testimony of the defendant Klemm appear in sections V C 1 A, V C 3 B, V C 3 D, and V D 2.
[551] Reproduced above in this section.
[552] At this time the defendant Klemm was Under Secretary in the Reich Ministry of Justice.
[553] Tr. pp. 10587–10604, 18 October 1947.
[554] Document NG-414, Prosecution Exhibit 252, has not been reproduced in this volume because of its great length and because it has been impossible, in view of space limitations, to include any considerable amount of evidence concerning clemency matters—a topic frequently in issue in the Justice Case. The document in question is 142 pages in the original German and 162 pages in the English translation. It consists of file notes of the Reich Ministry of Justice concerning “Reports to the Minister of Justice,” “Reports to the Under Secretary” (Staatssekretaer), and “Death Sentence Reports” for the following dates: 24 and 27 January 1944; 10, 22, and 29 February 1944; 8, 17, and 29 March 1944; 5, 18, and 26 April 1944; 3, 12, and 31 May 1944; 2, 8, 16, 21, and 30 June 1944; 2 and 17 August 1944; 22 and 29 September 1944; 5, 12, 19, and 27 October 1944; 10, 16, and 29 November 1944; 7, 15, and 21 December 1944; and 4, 10, 17, and 24 January 1945. The “Death Sentence Reports” list the names (usually only the family name) of persons sentenced to death, dividing the death sentences into “doubtful” and “clear cut” cases, and grouping the sentences mainly under the following categories: “high treason cases,” “treason cases,” and cases involving “undermining the military efficiency.” On the reports a diagonal line was drawn indicating that the death sentence was confirmed. For example, the list of 17 January 1945, mentioned specifically by the defendant Klemm in his final statement, shows the following diagonal lines in the category “high treason cases.” (For typographical reasons, the diagonal lines have here been indicated before the respective letter or figure, whereas on the original document, the diagonal lines were drawn through them.)