. NMT03-T1144
Volume III · Page 1144
| Gau inspector of the Gau Franconia: he was
the friend and associate of Oeschey, Gau legal advisor for the Gau Franconia;
and was himself Gauwalter of the Lawyers' League. He was the "honorary
collaborator" for the SD. According to the witness Elkar, [he was] the agent of
the SD for Nuernberg and vicinity, this position was more important than that
of a confidential agent, and an honorary collaborator was active in SD affairs.
He testifies that Rothaug took the SS oath of secrecy. Whether Rothaug knew of all the aspects of the crimes alleged, we need not determine. He knew of crimes as established by the evidence, and it is the function of this Tribunal to determine his connection, if any, therewith. The defendant is charged under counts two, three, and four of the indictment. Under count four he is charged with being a member of the Party Leadership Corps. He is not charted with membership in the SD. The proof as to count four establishes that he was Gauwalter of the Lawyers' League. The Lawyers' League was a formation of the Party and not a part of the Leadership Corps as determined by the International Military Tribunal in the case against Goering, et al. As to counts two and four of the indictment, from the evidence submitted, the Tribunal finds the defendant not guilty. The question of the defendant's guilt as to count three of the indictment remains to be determined. The evidence as to the character and activities of the defendant is voluminous. We shall confine ourselves to the question as to whether or not he took a consenting part in the plan for the persecution, oppression, and extermination of Poles and Jews. His attitude of virulent hostility toward these races is proved from many sources and is in no wise shaken by the affidavits he has submitted on his own behalf. The evidence in this regard comes from his own associates — the judges, prosecutors, defense counsel, medical experts, and others with whom he dealt. Among, but not limited to these, we cite the evidence of Doebig, Ferber, Bauer, Dorfmueller, Elkar, Engert, Groben, and Markl. In particular the testimony of Father Schosser is important. He testified as to many statements made by the defendant Rothaug during the trial of his own case, showing the defendant's hostility to Poles and his general attitude toward them. He stated that concerning the Poles in general, Rothaug expressed himself in the following manner: |
"If he (Rothaug) had his way, then no Pole would be buried in a German cemetery, and then he went on to make the re mark which everybody heard in that courtroom — that he would get up from his coffin if there was a Pole being buried near to |
