SUMMARY

I have outlined the particular charges against the defendants under

count two, three, and four of the indictment; and I have sketched the

general nature of the evidence which we will present. But we must not

overlook that the medical experiments were not an assortment of

unrelated crimes. On the contrary, they constituted a well-integrated

criminal program in which the defendants planned and collaborated among

themselves and with others.

We have here, in other words, a conspiracy and a common design, as is

charged in count one of the indictment, to commit the criminal

experiments set forth in paragraphs 6 and 11 thereof. There was a common

design to discover, or improve, various medical techniques. There was a

common design to utilize for this purpose the unusual resources which

the defendants had at their disposal, consisting of numberless

unfortunate victims of Nazi conquest and Nazi ideology. The defendants

conspired and agreed together to utilize these human resources for

nefarious and murderous purposes, and proceeded to put their criminal

design into execution. Numbered among the countless victims of the

conspiracy and the crimes are Germans, and nationals of countries

overrun by Germany, and gypsies, and prisoners of war, and Jews of many

nationalities. All the elements of a conspiracy to commit the crimes

charged in paragraphs 6 and 11 are present and all will be clearly

established by the proof.

There were many co-conspirators who are not in the dock. Among the

planners and leaders of this plot were Conti and Grawitz, and Hippke

whose whereabouts is unknown. Among the actual executioners, Dr. Ding is

dead and Rascher is thought to be dead. There were many others.

Final judgment as to the relative degrees of guilt among those in the

dock must await the presentation of the proof in detail. Nevertheless,

before the introduction of evidence, it will be helpful to look again at

the defendants and their part in the conspiracy. What manner of men are

they, and what was their major role?

The 20 physicians in the dock range from leaders of German scientific

medicine, with excellent international reputations, down to the dregs of

the German medical profession. All of them have in common a callous lack

of consideration and human regard for, and an unprincipled willingness

to abuse their power over the poor, unfortunate, defenseless creatures

who had been deprived of their rights by a ruthless and criminal

government. All of them violated the Hippocratic commandments which they

had solemnly sworn to uphold and abide by, including the fundamental

principles never to do harm—“primum non nocere.”

Outstanding men of science, distinguished for their scientific ability

in Germany and abroad, are the defendants Rostock and Rose. Both

exemplify, in their training and practice alike, the highest traditions

of German medicine. Rostock headed the Department of Surgery at the

University of Berlin and served as dean of its medical school. Rose

studied under the famous surgeon, Enderlen, at Heidelberg and then

became a distinguished specialist in the fields of public health and

tropical diseases. Handloser and Schroeder are outstanding medical

administrators. Both of them made their careers in military medicine and

reached the peak of their profession. Five more defendants are much

younger men who are nevertheless already known as the possessors of

considerable scientific ability, or capacity in medical administration.

These include the defendants Karl Brandt, Ruff, Beiglboeck, Schaefer,

and Becker-Freyseng.

A number of the others such as Romberg and Fischer are well trained, and

several of them attained high professional position. But among the

remainder few were known as outstanding scientific men. Among them at

the foot of the list is Blome who has published his autobiography

entitled “Embattled Doctor” in which he sets forth that he eventually

decided to become a doctor because a medical career would enable him to

become “master over life and death.”

The part that each of these 20 physicians and their 3 lay accomplices

played in the conspiracy and its execution corresponds closely to his

professional interests and his place in the hierarchy of the Third Reich

as shown in the chart. The motivating force for this conspiracy came

from two principal sources. Himmler, as head of the SS, a most terrible

machine of oppression with vast resources, could provide numberless

victims for the experiments. By doing so, he enhanced the prestige of

his organization and was able to give free rein to the Nazi racial

theories of which he was a leading protagonist and to develop new

techniques for the mass exterminations which were dear to his heart. The

German military leaders, as the other main driving force, caught up the

opportunity which Himmler presented them with and ruthlessly capitalized

on Himmler’s hideous overtures in an endeavor to strengthen their

military machine.

And so the infernal drama was played just as it had been conceived in

the minds of the authors. Special problems which confronted the German

military or civilian authorities were, on the orders of the medical

leaders, submitted for solution in the concentration camps. Thus we find

Karl Brandt stimulating the epidemic jaundice experiments, Schroeder

demanding “40 healthy experimental subjects” for the sea-water

experiments, Handloser providing the impetus for Ding’s fearful typhus

researches, and Milch and Hippke at the root of the freezing

experiments. Under Himmler’s authority, the medical leaders of the

SS—Grawitz, Genzken, Gebhardt, and others—set the wheels in motion.

They arranged for the procurement of victims through other branches of

the SS, and gave directions to their underlings in the SS medical

service such as Hoven and Fischer. Himmler’s administrative assistants,

Sievers and Rudolf Brandt, passed on the Himmler orders, gave a push

here and a shove there, and kept the machinery oiled. Blome and Brack

assisted from the side of the civilian and party authorities.

The Wehrmacht provided supervision and technical assistance for those

experiments in which it was most interested. A low-pressure chamber was

furnished for the high-altitude tests, the services of Weltz, Ruff,

Romberg, and Rascher for the high-altitude and freezing experiments, and

those of Becker-Freyseng, Schaefer, and Beiglboeck for sea-water. In the

important but sinister typhus researches, the eminent Dr. Rose appeared

for the Luftwaffe to give expert guidance to Ding.

The proper steps were taken to insure that the results were made

available to those who needed to know. Annual meetings of the consulting

physicians of the Wehrmacht held under Handloser’s direction were

favored with lectures on some of the experiments. The report on the

high-altitude experiment was sent to Field Marshal Milch, and a moving

picture about them was shown at the Air Ministry in Berlin. Weltz spoke

on the effects of freezing at a medical conference in Nuernberg, the

same symposium at which Rascher and others passed on their devilish

knowledge.

There could, we submit, be no clearer proof of conspiracy. This was the

medical service of the Third Reich at work. Among the defendants in the

box sit the surviving leaders of that service. We will ask the Tribunal

to determine that neither scientific eminence nor superficial

respectability shall shield them against the fearful consequences of the

orders they gave.

I intend to pass very briefly over matters of medical ethics, such as

the conditions under which a physician may lawfully perform a medical

experiment upon a person who has voluntarily subjected himself to it, or

whether experiments may lawfully be performed upon criminals who have

been condemned to death. This case does not present such problems. No

refined questions confront us here.

None of the victims of the atrocities perpetrated by these defendants

were volunteers, and this is true regardless of what these unfortunate

people may have said or signed before their tortures began. Most of the

victims had not been condemned to death, and those who had been were not

criminals, unless it be a crime to be a Jew, or a Pole, or a gypsy, or a

Russian prisoner of war.

Whatever book or treatise on medical ethics we may examine, and whatever

expert on forensic medicine we may question, will say that it is a

fundamental and inescapable obligation of every physician under any

known system of law not to perform a dangerous experiment without the

subject’s consent. In the tyranny that was Nazi Germany, no one could

give such a consent to the medical agents of the State; everyone lived

in fear and acted under duress. I fervently hope that none of us here in

the courtroom will have to suffer in silence while it is said on the

part of these defendants that the wretched and helpless people whom they

froze and drowned and burned and poisoned were volunteers. If such a

shameless lie is spoken here, we need only remember the four girls who

were taken from the Ravensbrueck concentration camp and made to lie

naked with the frozen and all but dead Jews who survived Dr. Rascher’s

tank of ice water. One of these women, whose hair and eyes and figure

were pleasing to Dr. Rascher, when asked by him why she had volunteered

for such a task, replied, “rather half a year in a brothel than half a

year in a concentration camp.”

Were it necessary, one could make a long list of the respects in which

the experiments which these defendants performed departed from every

known standard of medical ethics. But the gulf between these atrocities

and serious research in the healing art is so patent that such a

tabulation would be cynical.

We need look no further than the law which the Nazis themselves passed

on the 24th of November 1938 for the protection of animals. This law

states explicitly that it is designed to prevent cruelty and

indifference of man towards animals and to awaken and develop sympathy

and understanding for animals as one of the highest moral values of a

people. The soul of the German people should abhor the principle of mere

utility without consideration of the moral aspects. The law states

further that all operations or treatments which are associated with pain

or injury, especially experiments involving the use of cold, heat, or

infection, are prohibited, and can be permitted only under special

exceptional circumstances. Special written authorization by the head of

the department is necessary in every case, and experimenters are

prohibited from performing experiments according to their own free

judgment. Experiments for the purpose of teaching must be reduced to a

minimum. Medico-legal tests, vaccinations, withdrawal of blood for

diagnostic purposes, and trial of vaccines prepared according to

well-established scientific principles are permitted, but the animals

have to be killed immediately and painlessly after such experiments.

Individual physicians are not permitted to use dogs to increase their

surgical skill by such practices. National Socialism regards it as a

sacred duty of German science to keep down the number of painful animal

experiments to a minimum.

If the principles announced in this law had been followed for human

beings as well, this indictment would never have been filed. It is

perhaps the deepest shame of the defendants that it probably never even

occurred to them that human beings should be treated with at least equal

humanity.

This case is one of the simplest and clearest of those that will be

tried in this building. It is also one of the most important. It is true

that the defendants in the box were not among the highest leaders of the

Third Reich. They are not the war lords who assembled and drove the

German military machine, nor the industrial barons who made the parts,

nor the Nazi politicians who debased and brutalized the minds of the

German people. But this case, perhaps more than any other we will try,

epitomizes Nazi thought and the Nazi way of life, because these

defendants pursue the savage premises of Nazi thought so far. The things

that these defendants did, like so many other things that happened under

the Third Reich, were the result of the noxious merger of German

militarism and Nazi racial objectives. We will see the results of this

merger in many other fields of German life; we see it here in the field

of medicine.

Germany surrendered herself to this foul conjunction of evil forces. The

nation fell victim to the Nazi scourge because its leaders lacked the

wisdom to foresee the consequences and the courage to stand firm in the

face of threats. Their failure was the inevitable outcome of that

sinister undercurrent of German philosophy which preaches the supreme

importance of the state and the complete subordination of the

individual. A nation in which the individual means nothing will find few

leaders courageous and able enough to serve its best interests.

Individual Germans did indeed give warning of what was in store, and

German doctors and scientists were numbered among the courageous few. At

a meeting of Bavarian psychiatrists held in Munich in 1931, when the

poisonous doctrines of the Nazis were already sweeping Germany, there

was a discussion of mercy killings and sterilization, and the Nazi views

on these matters, with which we are now familiar, were advanced. A

German professor named Oswald Bumke rose and made a reply more eloquent

and prophetic than anyone could have possibly realized at the time. He

said:

“I should like to make two additional remarks. One of them is,

please for God’s sake leave our present financial needs out of

all these considerations. This is a problem which concerns the

entire future of our people, indeed, one may say without being

over-emotional about it, the entire future of humanity. One

should approach this problem neither from the point of view of

our present scientific opinion nor from the point of view of the

still more ephemeral economic crises. If by sterilization we can

prevent the occurrence of mental disease then we should

certainly do it, not in order to save money for the government

but because every case of mental disease means infinite

suffering to the patient and to his relatives. But to introduce

economic points of view is not only inappropriate but outright

dangerous because the logical consequence of the thought that

for financial reasons all these human beings, who could be

dispensed with for the moment, should be exterminated, is a

quite monstrous logical conclusion; we would then have to put to

death not only the mentally sick and the psychopathic

personalities but all the crippled including the disabled

veterans, all old maids who do not work, all widows whose

children have completed their education, and all those who live

on their income or draw pensions. That would certainly save a

lot of money but the probability is that we will not do it.

“The second point of advice is to use utmost restraint, at least

until the political atmosphere here in this country shall have

improved, and scientific theories concerning heredity and race

can no longer be abused for political purposes. Because, if the

discussion about sterilization today is carried into the arena

of political contest, then pretty soon we will no longer hear

about the mentally sick but, instead, about Aryans and

non-Aryans, about the blonde Germanic race and about inferior

people with round skulls. That anything useful could come from

that is certainly improbable; but science in general and

genealogy and eugenics in particular would suffer an injury

which could not easily be repaired again.”

I said at the outset of this statement that the Third Reich died of its

own poison. This case is a striking demonstration not only of the

tremendous degradation of German medical ethics which Nazi doctrine

brought about, but of the undermining of the medical art and thwarting

of the techniques which the defendants sought to employ. The Nazis have,

to a certain extent, succeeded in convincing the peoples of the world

that the Nazi system, although ruthless, was absolutely efficient; that

although savage, it was completely scientific; that although entirely

devoid of humanity, it was highly systematic—that “it got things done.”

The evidence which this Tribunal will hear will explode this myth. The

Nazi methods of investigation were inefficient and unscientific, and

their techniques of research were unsystematic.

These experiments revealed nothing which civilized medicine can use. It

was, indeed, ascertained that phenol or gasoline injected intravenously

will kill a man inexpensively and within 60 seconds. This and a few

other “advances” are all in the field of thanatology. There is no doubt

that a number of these new methods may be useful to criminals everywhere

and there is no doubt that they may be useful to a criminal state.

Certain advance in destructive methodology we cannot deny, and indeed

from Himmler’s standpoint this may well have been the principal

objective.

Apart from these deadly fruits, the experiments were not only criminal

but a scientific failure. It is indeed as if a just deity had shrouded

the solutions which they attempted to reach with murderous means. The

moral shortcomings of the defendants and the precipitous ease with which

they decided to commit murder in quest of “scientific results”, dulled

also that scientific hesitancy, that thorough thinking-through, that

responsible weighing of every single step which alone can insure

scientifically valid results. Even if they had merely been forced to pay

as little as two dollars for human experimental subjects, such as

American investigators may have to pay for a cat, they might have

thought twice before wasting unnecessary numbers, and thought of simpler

and better ways to solve their problems. The fact that these

investigators had free and unrestricted access to human beings to be

experimented upon misled them to the dangerous and fallacious conclusion

that the results would thus be better and more quickly obtainable than

if they had gone through the labor of preparation, thinking, and

meticulous preinvestigation.

A particularly striking example is the sea-water experiment. I believe

that three of the accused—Schaefer, Becker-Freyseng, and

Beiglboeck—will today admit that this problem could have been solved

simply and definitively within the space of one afternoon. On 20 May

1944 when these accused convened to discuss the problem, a thinking

chemist could have solved it right in the presence of the assembly

within the space of a few hours by the use of nothing more gruesome than

a piece of jelly, a semi-permeable membrane and a salt solution, and the

German Armed Forces would have had the answer on 21 May 1944. But what

happened instead? The vast armies of the disenfranchised slaves were at

the beck and call of this sinister assembly; and instead of thinking,

they simply relied on their power over human beings rendered rightless

by a criminal state and government. What time, effort, and staff did it

take to get that machinery in motion! Letters had to be written,

physicians, of whom dire shortage existed in the German Armed Forces

whose soldiers went poorly attended, had to be taken out of hospital

positions and dispatched hundreds of miles away to obtain the answer

which should have been known in a few hours, but which thus did not

become available to the German Armed Forces until after the completion

of the gruesome show, and until 42 people had been subjected to the

tortures of the damned, the very tortures which Greek mythology had

reserved for Tantalus.

In short, this conspiracy was a ghastly failure as well as a hideous

crime. The creeping paralysis of Nazi superstition spread through the

German medical profession and, just as it destroyed character and

morals, it dulled the mind.

Guilt for the oppressions and crimes of the Third Reich is widespread,

but it is the guilt of the leaders that is deepest and most culpable.

Who could German medicine look to to keep the profession true to its

traditions and protect it from the ravaging inroads of Nazi

pseudo-science? This was the supreme responsibility of the leaders of

German medicine—men like Rostock and Rose and Schroeder and Handloser.

That is why their guilt is greater than that of any of the other

defendants in the dock. They are the men who utterly failed their

country and their profession, who showed neither courage nor wisdom nor

the vestiges of moral character. It is their failure, together with the

failure of the leaders of Germany in other walks of life, that debauched

Germany and led to her defeat. It is because of them and others like

them that we all live in a stricken world.

-----

[7] Tr. pp. 12-74.

[8] This chart is contained in Section VI, Organization of the German

Medical Service, NO-645, Pros. Ex. 3, p. 91.

[9] Trial of the Major War Criminals, vol. I, p. 269, Nuremberg, 1947.

[10] Ibid., p. 271.

[11] Trial of the Major War Criminals, vol I, p. 247, Nuremberg, 1947.

[12] Ibid., p. 301.

V. INTRODUCTORY STATEMENT ON THE PRESENTATION

OF EVIDENCE MADE BY THE PROSECUTION,

10 DECEMBER 1946[13]

MR. MCHANEY: May it please the Tribunal:

Before any evidence is presented, it is my purpose to show the process

whereby documents have been procured and processed in order to be

presented in evidence by the United States. I shall also describe and

illustrate the plan of presenting documents to be followed by the

prosecution in this case.

When the United States Army entered German territory it had specialized

military personnel whose duties were to capture and preserve enemy

documents, records, and archives.

Such documents were assembled in temporary document centers. Later each

Army established fixed document centers in the United States Zone of

Occupation where their documents were assembled and the slow process of

indexing and cataloging was begun. Certain of these document centers in

the United States Zone of Occupation have since been closed and the

documents assembled there sent to other document centers.

When the International Military Tribunal was set up, field teams under

the direction of Major William H. Coogan were organized and sent out to

the various document centers. Great masses of German documents and

records were screened and examined. Those selected were sent to

Nuernberg to be processed. These original documents were then given

trial identification numbers in one of five series designated by the

letters: “PS”, “L”, “R”, “C”, and “EC”, indicating the means of

acquisition of the documents. Within each series, documents were listed

numerically.

The prosecution in this case shall have occasion to introduce in

evidence documents processed under the direction of Major Coogan. Some

of these documents were introduced in evidence before the IMT and some

were not. As to those which were, this Tribunal is required by Article

XX of Ordinance No. 7 to take judicial notice thereof. However, in order

to simplify the procedure, we will introduce photostatic copies of

documents used in Case No. 1 before the IMT to which will be attached a

certificate by Mr. Fred Niebergall, the Chief of our Document Control

Branch, certifying that such document was introduced in evidence before

the IMT and that the photostat is a true and correct copy thereof. Such

documents have been and will be made available to defendants just as in

the case of any other document.

As to those documents processed under the direction of Major Coogan

which were not used in the case before the IMT, they are authenticated

by the affidavit of Major Coogan dated 19 November 1945. This affidavit

served as the basis of authentication of substantially all documents

used by the Office of Chief of Counsel before the IMT. It was introduced

in that trial as USA Exhibit 1. Since we will use certain documents

processed for the IMT trial, I would now like to introduce as

Prosecution Exhibit 1 the Coogan affidavit,[14] in order to authenticate

such documents. This affidavit explains the manner in and means by which

captured German documents were processed for use in war crimes trials. I

shall not burden the court with reading it as it is substantially the

same as the affidavit of Mr. Niebergall to which I shall come in a

moment.

I have thus far explained the manner of authenticating documents to be

used in this case which were processed under the direction of Major

Coogan. I now come to the authentication of documents processed not for

the IMT trial, but for subsequent trials such as this one. These

documents are authenticated by the affidavit of Mr. Niebergall which I

offer in evidence as Prosecution Exhibit 2. Since this affidavit

explains the procedure of processing documents by the Office of Chief of

Counsel for War Crimes, I shall read it in full:

“I, Fred Niebergall, AGO, D-150636, of the Office of Chief of

Counsel for War Crimes, do hereby certify as follows:

1. I was appointed Chief of the Document Control Branch,

Evidence Division, Office of Chief of Counsel for War Crimes

(hereinafter referred to as ‘OCC’) on 2 October 1946.

2. I have served in the U. S. Army for more than 5 years, being

discharged as a 1st Lieutenant, Infantry, on 29 October 1946. I

am now a Reserve officer with the rank of 1st Lieutenant in the

Army of the United States of America. Based upon my experience

as a United States Army officer, I am familiar with the

operation of the United States Army in connection with seizing

and processing captured enemy documents. I served as Chief of

Translations for OCC from 29 July 1945 until December 1945, when

I was appointed liaison officer between Defense Counsel and

Translation Division of OCC as assistant to the executive

officer of the Translation Division. In my capacity as Chief of

the Document Control Branch, Evidence Division, OCC, I am

familiar with the processing, filing, translation, and

photostating of documentary evidence for the United States Chief

of Counsel.

3. As the Army overran German occupied territory and then

Germany itself, certain specialized personnel seized enemy

documents, records and archives. Such documents were assembled

in temporary centers. Later fixed document centers were

established in Germany and Austria where these documents were

assembled and the slow process of indexing and cataloging was

begun. Certain of these document centers have since been closed

and the documents assembled there sent to other document

centers.

4. In preparing for the trial before the International Military

Tribunal (hereinafter referred to as ‘IMT’) a great number of

original documents, photostats, and microfilms were collected at

Nuernberg, Germany. Major Coogan’s affidavit of 19 November 1945

describes the procedures followed. Upon my appointment as Chief

of the Document Control Branch, Evidence Division, OCC, I

received custody, in the course of official business, of all

these documents except the ones which were introduced into

evidence in the IMT trial and are now in the IMT Document Room

in Nuernberg. Same have been screened, processed, and registered

in accordance with Major Coogan’s affidavit. The unregistered

documents remaining have been screened, processed, and

registered for use in trials before Military Tribunals

substantially in the same way as described below.

5. In preparing for trials subsequent to the IMT trial personnel

thoroughly conversant with the German language were given the

task of searching for and selecting captured enemy documents

which disclosed information relating to the prosecution of Axis

war criminals. Lawyers and research analysts were placed on duty

at various document centers and also dispatched on individual

missions to obtain original documents or certified photostats

thereof. The documents were screened by German speaking analysts

to determine whether or not they might be valuable as evidence.

Photostatic copies were then made of the original documents and

the original documents returned to the files in the document

centers. These photostatic copies were certified by the analysts

to be true and correct copies of the original documents.

German-speaking analysts either at the document center or in

Nuernberg, then prepared a summary of the document with

appropriate references to personalities involved, index

headings, information as to the source of the document, and the

importance of the documents to a particular division of OCC.

6. Next, the original document or certified photostatic copy was

forwarded to the Document Control Branch, Evidence Division,

OCC. Upon receipt of these documents, they were duly recorded

and indexed and given identification numbers in one of six

series designated by the letters ‘NO,’ ‘NI,’ ‘NM,’ ‘NOKW,’ ‘NG,’

and ‘NP,’ indicating the particular Division of OCC which might

be most interested in the individual documents. Within each

series documents were listed numerically.

7. In the case of the receipt of original documents, photostatic

copies were made. Upon return from the photostat room, the

original documents were placed in envelopes in fireproof safes

in the document room. In the case of the receipt of certified

photostatic copies of documents, the certified photostatic

copies were treated in the same manner as original documents.

8. All original documents or certified photostatic copies

treated as originals are now located in safes in the document

room, where they will be secured until they are presented by the

prosecution to a court during the progress of a trial.

9. Therefore, I certify in my official capacity as hereinabove

stated, that all documentary evidence relied upon by OCC is in

the same condition as when captured by military forces under the

command of the Supreme Commander, Allied Expeditionary Forces;

that they have been translated by competent qualified

translators; that all photostatic copies are true and correct

copies of the originals, and that they have been correctly

filed, numbered, and processed as above outlined.

[Signed] FRED NIEBERGALL.”

The Niebergall affidavit is in substance the same as the Coogan

affidavit which was accepted by the International Military Tribunal as

sufficient authentication of documents used in Case No. 1. However, in

addition to these affidavits, the prosecution in this case will attach

to each document submitted in evidence, other than self-proving

documents such as affidavits signed by the defendants, a certificate

signed by an employee of the Evidence Division of the Office of Chief of

Counsel for War Crimes, reading, for example, as follows:

“I, Donald Spencer, of the Evidence Division of the Office of

Chief of Counsel for War Crimes, hereby certify that the

attached document, consisting of one photostated page and

entitled, ‘Letter from John Doe to Richard Rod, dated 19 June

1943,’ is the original of a document which was delivered to me

in my above capacity, in the usual course of official business,

as a true copy of a document found in German archives, records,

and files captured by military forces under the command of the

Supreme Commander, Allied Expeditionary Forces.

“To the best of my knowledge, information, and belief, the

original document is at the Berlin Document Center.”

So much for the authentication of documents to be presented in this

trial. I turn now briefly to the distribution of documents which we will

use. The prosecution made available to the Defendants’ Information

Center approximately a week ago three photostatic copies of the great

bulk of the documents which will be used in our case-in-chief. These

documents are of course in German. In addition, the prosecution has

prepared document books in both German and English which contain, for

the most part, mimeographed copies of the documents, arranged

substantially in the order in which they will be presented in this

court. Each document book contains an index giving the document number,

description, and page number. A space is also provided for writing in

the index number.

Twelve official copies of the German document books will be filed in the

Defendants’ Information Center at least 24 hours prior to the time that

particular material will be introduced in court. In addition, defense

counsel will receive seven so-called unofficial German document books,

which will contain mimeographed copies prepared primarily for the German

Press. Six official copies of the German document books will be

presented to the Tribunal—one for each of the Justices on the bench and

one for the Secretary General. Two of such document books will contain

photostatic copies in order that the Tribunal may from time to time

refer to the original. Document books will also be made available to the

German interpreters and court reporters.

The English document books will contain certified translations of the

documents in the German document books. The documents will be numbered

and indexed identically in both the English and German versions. The

Defendants’ Information Center will receive four copies of the English

document books at the same time the corresponding German document book

is delivered. A representative group of the defense attorneys have

agreed that four of the English document books are sufficient to meet

their needs.

The Tribunal will receive six English document books and sufficient

copies will also be made available to the interpreters and court

reporters. Copies of all documents introduced in evidence will

thereafter be made available to the press.

The prosecution will sometimes have occasion to use documents which have

just been discovered and are not in document books. In such cases we

will try to have copies in the Defendants’ Information Center a

reasonable time in advance of their use in court. Now, I must point out

to your Honors, and I do so without any embarrassment, that there will

surely be some instances during the course of this trial when the

prosecution fails to comply with one or the other of the court’s rulings

in view of the fact that few of our personnel here were able to obtain

experience and training in the technicalities in the course of Case No.

1 before the International Military Tribunal, but be that as it may, we

shall constantly endeavor to present our case as fairly, as clearly, and

as expeditiously as is humanly possible.

The prosecution, when presenting a document in Court, will physically

hand the original, or the certified photostatic copy serving as the

original, to the clerk of the Tribunal, and give the document a

prosecution exhibit number.

In the IMT trial, the usual practice, to which there were many

exceptions, was that only those documents or portions of documents which

had been read aloud in Court were considered to be in evidence and part

of the record. Now this was due to the fact that the IMT trial was

conducted in four languages and only through that method were

translations in all four languages ordinarily available. However, the

IMT ruled several times, for example on 17 December 1945, that documents

which had been translated into all four languages and made available to

defense counsel in the Defendants’ Information Center were admissible in

evidence without being read in full.

The prosecution believed that, under the circumstances of this trial,

which will be conducted in German and English only, and with all the

prosecution’s documents translated into German, it will be both

expeditious and fair to dispense with the reading in full of all

documents or portions of documents. The prosecution will read some

documents in full, particularly in the early stages of the trial, but

will endeavor to expedite matters by summarizing documents when

possible, or otherwise calling the attention of the Tribunal to such

passages therein as are deemed important and relevant.

With respect to the order of trial, the prosecution intends to follow,

to a large degree, the order in which the various experiments are set

forth in the indictment. There will be some exceptions to that; for

instance, we will present the sea-water experiments, the proof of

sea-water experiments following the malaria experiments, which will be

third in order, and in time we will move to the proof of reading the

Lost gas experiments because of the overlapping of the testimony of

certain witnesses. Insofar as possible, we will endeavor to present all

of the evidence relating to a particular experiment at the same time.

This will be impossible, of course, where the testimony of a witness

overlaps several experiments.

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[13] Tr. pp. 75-83.

[14] Trial of the Major War Criminals, vol. II, pp. 157-160, Nuremberg,

1947.

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