Lot 902
CLOSING ARGUMENTS FOR THE MILITARY TRIBUNAL AGAINST KARL BRANDT, HITLER''S PERSONAL PHYSICIAN
Exceptionally important mimeographed typed document, 77pp. folio, dated July 14, 1947, the closing argument for the United States in "Military Tribunal No. 1, Case No. 1, The U.S. v. Karl Brandt, et al.", known popularly as the "Doctor''s trial". This case, argued from Dec. 9, 1946 to Aug. 20, 1947 at the Palace of Justice at Nuremberg, tried 23 defendants for war crimes based on their involvement in human medical experimentation and mass murder, primarily under the auspices of the SS. The statement presented here was prepared for U.S. Chief Counsel for the Prosecution Brig. Gen. TELFORD TAYLOR (1908-1998) by J.M. McHanoy, Alexander G. Hardy, Arnost Horlik-Hochwald, and Esther Jane Johnson, with Dr. Leo Alexander as medical consultant. It clearly and concisely sums up the evidence presented against chief defendant KARL BRANDT (1904-1948), who besides acting as Hitler''s personal physician was chosen to oversee the "Aktion T4" euthanasia program, which sought to eliminate the "incurably sick" of German society. Besides this program, the argument also describes in detail the presence of SS doctors in concentration camps, who selected subjects from among the prisoners to experiment on, including medical experimentation with Typhus and other disease, and trials involving sub-zero temperature and rapid pressure fluctuations on the behalf of the Luftwaffe, which usually resulted in the serious injury or death of the subject. The statement reads, in very small part: "... It must not be overlooked that the experiments proved in this case were not haphazard and unrelated crimes. On the contrary, they constituted a well-integrated criminal program, in which the defendants planned and collaborated among themselves and with other persons. One thing should be made clear at the outset. Each experiment constituted a criminal conspiracy in and of itself. None of the experiments were formulated and executed by one man. Each required the efforts of a number of men and the cooperation of several agencies. Thus, in the Typhus experiments in Buchenwald, the medical services of the Army, Luftwaffe and SS all played an important role... These experiments were, indeed, one continuous crime in which all played a substantial part...In this connection, it should never be lost sight of that there experiments were performed in concentration camps on concentration camp inmates. However little some of these defendants say they knew of the lawless jungles which were concentration camps, where violent death, torture and starvation made up the daily life of the inmates, they at least knew that they were places of terror where all persons opposed to the Nazi government were imprisoned without trial, where Jews and Poles and other so-called ''racial inferiors'' for no crime whatever, unless their race or religion be a crime, were incarcerated. These simple facts were known during the war to people all over the world. How much greater then was the duty of these defendants to determine very carefully the voluntary character of these experimental subjects who were so conveniently available. True it is that these defendants are not charged with responsibility for the manifold complex of crimes which made up the concentration camp system. But it cannot be held that they could enter the gates of the Inferno and say in effect: ''Bring forward the subjects. I see no evil; I hear no evil; I speak no evil.'' They asked no questions. They didn''t inquire of the inmates as to such details as consent, nationality, whether a trial has been held, what crime had been committed, and the like. They did not because they knew that the wretched inmates did not volunteer for their experiments and were not expected to volunteer. They embraced the Nazi doctrines and the Nazi way of life..." The first page of the document bears the pencil notation "Mr. Conway"; it is possible that this indicates that this particular copy was given to Dr. Andrew Conway Ivy, the American Medical Association''s representative at the trial. The case resulted in the executions of Brandt and seven of his co-defendants. The document is housed in an original file folder with typewritten title, which bears the inscription "SS DR''s Case" in blue ink, likely added at a later date. The document shows toning to the edges and staple holes, while the folder shows some chipping to the edges and splitting of the spine, else very good.
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