Berlin (Nov. 2)
A claim by the Counsel appearing at the Darmstadt Central Court on behalf of two Hitlerists named Berger and Zerbes, that Dr. Marx, one of the judges, who is a Jew, should not be allowed to try them, because as a Jew he would be biased against them, has been upheld by the Court, the Hitlerist chief organ "Voelkischer Beobachter", announces triumphantly.
The Counsel for the Defence, Dr. Kaess, it writes, declared to the Court that "not only according to Nazi principles, but according to the discoveries of modern race-research conducted by Professor Guenther, who was appointed to a University Chair by the Government of a German State" (Thuringia, during the period when Dr. Frick, the Hitlerist leader, was Minister of Eoucation and the Interior there – the appointment has been cancelled since Dr. Frick fell from office)," a Jew can never be impartial towards a person of different race".
The Court, the "Voelkischer Beobachter" states, came to the conclusion that it could not ignore the argument, that whether right or wrong, the accused did not trust the impartiality of a Jewish judge, and felt that if he tried their case they would not have justice It was essential in any legal action, the Court declared, that there should be complete confidence in the judges.
We National Socialists will never rest, the "Voelkischer Beobachter" declares, until it is generally recognised everywhere in Germany that a Jewish judge may not sit in judgment upon any National Socialist.