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Volume III · Page 939
| A. The name Rosenberg was brought in in the
following manner. Schosser himself referred to it because his line of defense
was that he had not intended to attack the Party by his statements but new
[religious I ideas [neopaganism] and that he particularly intended to turn
against Rosenberg with his statements. Thereupon, I told him that at any time
it was his right to refute the thoughts which Rosenberg developed in his book,
"Myths of the 20th Century," in his sermons and to prove that they were wrong,
only he had to specify what he intended to refute and whom he intended to
refute because that, of course, was the most important thing of the trial. He
had to exclude any possibility that these things might be carried into the
general political field. That was the basis for my thoughts. Q. Under what provisions was Schosser sentenced? A. On the basis of article 130a of the Criminal (Penal) Code and article 2 of the Insidious Acts Law,¹ that is to say, according to German law both provisions became applicable; as we would have said technically, there was a sort of a legal connection between the two laws. Q. Would Schosser have been punishable if there hadn't been an Insidious Act Law? A. Of course, on the basis of article 130a. Q. As far as the facts are concerned, had the case Schosser been dealt with leniently or severely? A. As far as the facts were concerned, it had been dealt with most leniently because the basis of suspicion was that the entire sermon of the false prophets and the roving wolves in all its structure and tendency was a political attack against the government. Schosser, when he was heard here as a witness, more or less admitted that. In our evaluation, however, we did not go that far, but we only referred to these two basic attacks. |
| * * * * * * * * * * |
| EXTRACT FROM THE TESTIMONY OF
DEFENDANT KLEMM CONCERNING PROSECUTION EXHIBIT 291 AND LIMITATIONS ON DIVINE SERVICES² |
| DIRECT EXAMINATION |
| DR. SCHILF (counsel for defendant Klemm) : The prosecution in this connection submitted another document, Prosecution Ex- [...hibit] |
¹ 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.
² 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.
