Chapter X: Introduction

The “Doctors Trial” or “Medical Case”—officially designated _United States of America_ vs. _Karl Brandt_, _et al._ (Case No. 1)—was tried at the Palace of Justice in Nuernberg before Military Tribunal I. The Tribunal convened 139 times, and the duration of the trial is shown by the following schedule:

Indictment filed 25 October 1946
Indictment served 5 November 1946
Arraignment 21 November 1946
Prosecution opening statement 9 December 1946
Defense opening statement 29 January 1947
Prosecution closing statement 14 July 1947
Defense closing statements 14-18 July 1947
Judgment 19 August 1947
Sentences 20 August 1947
Affirmation of sentences by Military 25 November 1947
Commander of the United States Zone of
Occupation
Order of the United States Supreme Court 16 February 1948
denying writ of habeas corpus

The death sentences imposed on Karl Brandt, Rudolf Brandt, Karl Gebhardt, Joachim Mrugowsky, Viktor Brack, Wolfram Sievers, and Waldemar Hoven were put into execution on 2 June 1948.

The English transcript of the Court proceedings runs to 11,538 mimeographed pages. The prosecution introduced into evidence 570 written exhibits (some of which contained several documents), and the defense 901 written exhibits. The Tribunal heard oral testimony of 32 witnesses called by the prosecution and of 30 witnesses, excluding the defendants, called by the defense. Each of the 23 defendants testified in his own behalf, and each was subject to examination on behalf of other defendants. The exhibits offered by both the prosecution and defense contained documents, photographs, affidavits, interrogatories, letters, maps, charts, and other written evidence. The prosecution introduced 49 affidavits; the defense introduced 535 affidavits. The prosecution called 3 defense affiants for cross-examination; the defense called 13 prosecution affiants for cross-examination. The case-in-chief of the prosecution took 25 court days and the case for the 23 defendants took 107 court days. The Tribunal was in recess between 18 and 27 January 1947 to give the defense additional time to prepare its case. A further recess was taken from 3 to 14 July 1947 to allow both prosecution and defense time for the preparation of their closing arguments.

The members of the Tribunal and prosecution and defense counsel are listed on the ensuing pages. Prosecution counsel were assisted in preparing the case by Walter Rapp (Chief of the Evidence Division), Fred Rodell, Norbert Barr, and Herbert Meyer, interrogators, and Henry Sachs, Eleanor Anspacher, Nancy Fenstermacher, and Olga Lang, research and documentary analysts.

* * * * *

Selection and arrangement of the “Medical Case” material published herein was accomplished principally by Arnost Horlik-Hochwald, working under the general supervision of Drexel A. Sprecher, Deputy Chief Counsel and Director of Publications, Office U. S. Chief of Counsel for War Crimes. Catherine W. Bedford, Henry Buxbaum, Emilie Evand, Gertrude Ferencz, Paul H. Gantt, Constance Gavares, Olga Lang, Helga Lund, Gwendoline Niebergall, Johanna K. Reischer, Hans Sachs, and Enid M. Standring assisted in selecting, compiling, editing, and indexing the numerous papers.

John H. E. Fried, Special Legal Consultant to the Tribunals, reviewed and approved the selection and arrangement of the material as the designated representative of the Nuernberg Tribunals.

Final compilation and editing of the manuscript for printing was administered by the War Crimes Division, Office of the Judge Advocate General, under the direct supervision of Richard A. Olbeter, Chief, Special Projects Branch, with Alma Soller as editor and John W. Mosenthal as research analyst.

ORDER CONSTITUTING TRIBUNAL I

OFFICE OF MILITARY GOVERNMENT FOR GERMANY (U. S.)
APO 742

GENERAL ORDERS } No. 68 } 26 October 1946

Pursuant to Military Government Ordinance No. 7

1. Pursuant to Military Government Ordinance No. 7, 24 October 1946, entitled “Organization and Powers of Certain Military Tribunals”, there is hereby constituted, Military Tribunal I.

2. The following are designated as members of Military Tribunal I:

WALTER B. BEALS Presiding Judge
HAROLD L. SEBRING Judge
JOHNSON TAL CRAWFORD Judge
VICTOR C. SWEARINGEN Alternate Judge

3. The Tribunal shall convene at Nuernberg, Germany, to hear such cases as may be filed by the Chief of Counsel for War Crimes or by his duly designated representative.

4. This order is effective as of 25 October 1946.

BY COMMAND OF LIEUTENANT GENERAL CLAY: