Testimony of Hoven. (_Tr. p. 9911._)

The correspondence submitted was conducted exclusively by offices of

concentration camps.

Appendix—Report of Dr. Morgen shows that the right over life

and death is assigned to Reich Leader SS Himmler. (_NO-2366,

Pros. Ex. 526._) The name of Karl Brandt is not mentioned in the

correspondence.

The witness Mennecke cannot give any information about the activity of

Karl Brandt within the framework of the special treatment 14 f 13

attributed to him by the indictment.

_Euthanasia Practice on Children (Reich Committee)_

_Position taken in the indictment_

* * * * *

_Position of the defense_

_Motive._ From a medical standpoint, it is a humane motive to shorten

the lives of children not fit to live.

Testimony of Schmidt. (_Tr. p. 1854._) At the discussion in 1941

only medical viewpoints were dealt with. The Reich Committee was

already being prepared before the authorization of 1 September

1939 (Leipzig case).

_Time._ Execution was in force from 1940 to 1944.

Testimony of Pfannmueller. (_Tr. p. 7310._) Execution at

Eglfing-Haar did not start before 1 June 1940.

Pfannmueller letter to Reich Committee of 17 January 1941.

(_NO-1139, Pros. Ex. 346._) It refers to agreement of 10

December 1940 in connection with decision of 18 August 1939.

Kaufbeuren documents. (_1696-PS, Pros. Ex. 357._) According to

this, euthanasia was carried on in the Irrsee Institute, even

after the occupation in 1945.

Supplement, Affidavit of Weese. (_Karl Brandt 129, Karl Brandt

Ex. 105._) Opinion on the state of disease was arrived at

objectively by medical examination.

_Legal basis._ Legal basis was the authorization of 1 September 1939,

which had not been suspended or annulled for the activity of the Reich

Committee.

Decree regarding treatment of malformed children. (_Brack 52,

Brack Ex. 43._) Circular of 1 July 1940, published in the

Ministerial Gazette. There, compulsory reporting of malformed

and insane children is provided for.

_Organization._

Affidavit of Sprauer, according to which the direction of the

Reich Committee was in the hands of von Linden at the Reich

Ministry and not under Karl Brandt. (_3896-PS, Pros. Ex. 372._)

Testimony of Karl Brandt, according to which the direction was

with Linden of the Reich Ministry of the Interior. (_Tr. p.

2433._)

Affidavits of Engel and Schaub. Karl Brandt was attached to the

Fuehrer’s General Headquarters. (_Karl Brandt 81, Karl Brandt

Ex. 85_; _Karl Brandt 80, Karl Brandt Ex. 98_.)

Testimony of Mennecke. (_Tr. p. 1903._) Mennecke never saw a

document signed by Karl Brandt. He never saw him and never heard

him speak. Karl Brandt was only available to give advice. In a

few cases, he was consulted when there were doubts about the

final expert opinion.

Testimony of Brack. (_Tr. p. 7612._) According to this Bouhler

and Brandt voiced their opinion on the judgment of experts only

in questionable cases. Further observation was indicated if

there were doubts at all.

Testimony of Karl Brandt. (_Tr. p. 2532._) According to this,

Karl Brandt resigned from the Reich Committee in the summer of

1942. He was not used as an expert.

Letter of the Reich Committee of 16 November 1943 regarding the

child Anna Gasse. (_NO-890, Pros Ex. 443._)

Testimony of Karl Brandt. (_Tr. p. 2541._) By virtue of this

letter, addressed to Karl Brandt, an inquiry by the Reich

Committee is addressed to the Eichberg Institution. This

incident is the outcome of the claim of an incompetent person.

The letter shows precisely that Karl Brandt did not have an

office of his own, but that he remitted the letter to the

competent official authority.

_Execution._

Registration was handled by the Reich Ministry of the Interior.

(_NO-1132, Pros. Ex. 341._)

The notification about the children was made, as required by law, by

physicians, midwives, and clinics.

Testimony of Pfannmueller. (_Tr. p. 7312._) According to this,

the registration sheets were published in the gazette of the

Reich Ministry.

Sick records had to be attached to the report. (_NO-1133, Pros.

Ex. 335._)

Directive issued by the Reich Ministry of the Interior to the

effect that personnel and sick records are to be attached.

(_NO-1132, Pros. Ex. 341._)

Letter of 30 April 1941, with regard to the child Thalmeyer.

(_NO-1138, Pros. Ex. 349._) In that case a medical report on the

child was especially required.

Testimony of Schmidt. (_Tr. p. 1828._) According to this, the

registration followed upon information obtained from health

offices, midwives, and clinics for children.

Medical opinion was given by special advisers who cooperated with

official physicians.

Trials of war criminals before the Nuernberg military tribunals under control council law no. 10, volume I · 第 445 / 486 题