The Mazal Library

	MAZAL LIBRARY NMT01-T279
.	NUERNBERG MILITARY TRIBUNAL Volume I · Page 279

.	Although the defendant Rose was not charged with special responsibility for participation in malaria experiments, the prosecution offered proof to show some participation by Rose in these experiments. However, the Tribunal in its judgment refrained from making a finding of guilt or innocence as to Rose, since malaria experiments were particularized in paragraph 6 (C) of the indictment and since Rose was not among those defendants who were charged with special responsibility by name (judgment, vol. II). The Tribunal said that the manner of the prosecution's pleading "constituted, in effect, a bill of particulars and was, in essence, a declaration to the defendants upon which they were entitled to rely in preparing their defenses, [and] that only such persons as were actually named in the designated experiments would be called upon to defend against the. specific items. Included in the list of names of those defendants specifically charged with responsibility for the malaria experiments the name of Rose does not appear. We think it would be manifestly unfair to the defendant to find him guilty of an offense with which the indictment affirmatively indicated he was not charged." "This does not mean that the evidence adduced by the prosecution was inadmissible against the charges, actually preferred against Rose. We think it had probative value as proof of the fact of Rose's knowledge of human experimentation upon concentration camp inmates." The Tribunal did make findings of guilt or innocence with regard to several experiments which were not particularized in detail in the indictment and concerning which the indictment did not name any particular defendants as having special responsibility. For example, the prosecution introduced evidence concerning phlegmon, polygal, and gas oedema experiments (subsections 12-14, see pp. 653 to 694) under the general charge of paragraph 6 of the indictment, which alleges that the criminal experiments "included, but were not limited to" the particularized experiments. (See also introductions to subsections 12-14, see pp. 653-4, 669-70 and 684.) The prosecution's summation of the evidence on the malaria experiments is contained in its final briefs against the defendants Rose and Sievers, Extracts from these briefs are set forth below on pages 280 to 283. A corresponding summation of the evidence by the defense on these experiments has been selected from the closing briefs for the defendants Sievers and Rose. It appears below on pages 283 to 288. This argumentation is followed by selections from the evidence on pages 289 to 314. 279