The defendants Karl Brandt, Handloser, Rostock, Schroeder, Gebhardt, Rudolf Brandt, Mrugowsky, Poppendick, Sievers, Becker-Freyseng, Schaefer, and Beiglboeck were charged with special responsibility for and participation in criminal conduct involving sea-water experiments (par. 6 (G) of the indictment). In the course of the trial the prosecution withdrew the charge in the case of Mrugowsky. On this charge the defendants Schroeder, Gebhardt, Sievers, Becker-Freyseng, and Beiglboeck were convicted and the defendants Karl Brandt, Handloser, Rostock, Rudolf Brandt, Poppendick, and Schaefer were acquitted.
The prosecution’s summation of the evidence on the sea-water experiments is contained in its final brief against the defendant Schroeder. Extracts from that brief are set forth below on pages 419 to 443. A corresponding summation of the evidence by the defense on these experiments has been selected from the final plea for the defendant Schroeder and from the closing brief for the defendant Beiglboeck. It appears below on pages 434 to 446. This argumentation is followed by selections from the evidence on pages 447 to 494.
b. Selection from the Argumentation of the Prosecution
EXTRACTS FROM THE CLOSING BRIEF AGAINST DEFENDANT SCHROEDER
Sea-Water Experiments
On 19 May 1944 a conference was held at the German Air Ministry which was attended by Christensen, Schickler, Becker-Freyseng, and Schaefer, among others. This conference was concerned with the problem of the potability of sea-water. Two methods of making sea-water drinkable were then available to the Medical Service of the Luftwaffe. One, the so-called Schaefer method, had been chemically tested and apparently produced potable sea-water. It had the disadvantage, however, of requiring substantial amounts of silver which was available only in limited quantities. The second method, so-called Berkatit, was a substance which changed the taste of sea-water but did not remove the salt. It had the advantage of simplicity of manufacture and use.
At the conference on 19 May the defendant Becker-Freyseng reported on certain clinical experiments which had been conducted by von Sirany to test Berkatit. He came to the conclusion that the experiments had not been conducted under sufficiently realistic conditions of sea distress. He reported that the Chief of the Medical Service of the Luftwaffe was—
“* * * convinced that, if the Berka method is used, damage to health had to be expected not later than 6 days after taking Berkatit, which damage will result in permanent injuries to health and—according to the opinion of Unterarzt Dr. Schaefer—will finally result in death after not later than 12 days. External symptoms are to be expected such as dehydration, diarrhea, convulsions, hallucinations, and finally death.” (NO-117, Pros. Ex. 133.)
As a result of this conference it was agreed to conduct new experiments. They were to include a series of experiments for a maximum of 6 days during which one group was to be given sea-water processed with Berkatit, another group ordinary drinking water, another group no drinking water at all, and the final group such water as was available in the emergency sea distress kits then used. A second series of experiments was decided upon and the report stated: