,cover ,illustration ,,trials ,,of ,,war ,,criminals ,,before ,,the ,,nuernberg ,,military ,,tribunals ,,under ,,control ,,council ,,law ,no4 #aj ,illustration ,,volume ,i ,,nuernberg ,,october #aidf-;,,april #aidi ,for sale by the ,superintendent of ,documents1 ,u4,s4 ,government ,printing ,office ,washington #be1 ,d4 ,c4 -- ,price #b4ge 7,buckram7 ,,preface ,in ,april #aidi1 judgment was rendered in the last of the series of #ab ,nuernberg war crimes trials which had begun in ,october #aidf and were held pursuant to ,allied ,control ,council ,law ,no4 #aj4 ,far from being of concern solely to lawyers1 these trials are of especial interest to soldiers1 historians1 students of international affairs1 and others4 ,the defendants in these proceedings1 charged with war crimes and other offenses against international penal law1 were prominent figures in ,hitler's ,germany and included such outstanding diplomats and politicians as the ,state ,secretary of the ,foreign ,office1 von ,weizsaecker1 and cabinet ministers von ,krosigk and ,lammers2 military leaders such as ,field ,marshals von ,leeb1 ,list1 and von ,kuechler2 ,,ss leaders such as ,ohlendorf1 ,pohl1 and ,hildebrandt2 industrialists such as ,flick1 ,alfried ,krupp1 and the directors of ,i4 ,g4 ,farben2 and leading professional men such as the famous physician ,gerhard ,rose1 and the jurist and ,acting ,minister of ,justice1 ,schlegelberger4 ,in view of the weight of the accusations and the far-flung activities of the defendants1 and the extraordinary amount of official contemporaneous ,german documents introduced in evidence1 the records of these trials constitute a major source of historical material covering many events of the fateful years #aicc 7and even earlier7 to #aide1 in ,germany and elsewhere in ,europe4 ,the ,nuernberg trials under ,law ,no4 #aj were carried out under the direct authority of the ,allied ,control ,council1 as manifested in that law1 which authorized the establishment of the ,tribunals4 ,the judicial machinery for the trials1 including the ,military ,tribunals and the ,office1 ,chief of ,counsel for ,war ,crimes1 was prescribed by ,military ,government ,ordinance ,no4 #g and was part of the occupation administration for the ,american zone1 the ,office of ,military ,government 7,,omgus74 ,law ,no4 #aj1 ,ordinance ,no4 #g1 and other basic jurisdictional or administrative documents are printed in full hereinafter4 ,the proceedings in these trials were conducted throughout in the ,german and ,english languages1 and were recorded in full by stenographic notes1 and by electrical sound recording of all oral proceedings4 ,the #ab cases required over #a1bjj days of court proceedings and the transcript of these proceedings exceeds #ccj1jjj pages1 exclusive of hundreds of document books1 briefs1 etc4 ,publication of all of this material1 accordingly1 was quite unfeasible4 ,this series1 however1 contains the indictments1 judgments1 and other important portions of the record of the #ab cases1 and it is believed that these materials give a fair picture of the trials1 and as full and illuminating a picture as is possible within the space available4 ,copies of the entire record of the trials are available in the ,library of ,congress1 the ,national ,archives1 and elsewhere4 ,in some cases1 due to time limitations1 errors of one sort or another have crept into the translations which were available to the ,tribunal4 ,in other cases the same document appears in different trials1 or even at different parts of the same trial1 with variations in translation4 ,for the most part these inconsistencies have been allowed to remain and only such errors as might cause misunderstanding have been corrected4 ,volume ,i and part of ,volume ,,ii of this series are dedicated to the first of the twelve cases1 ,united ,states vs4 ,karl ,brandt1 et al4 7,case ,no4 #a74 ,this trial has become known as the ,medical ,case1 because #bj of the #bc defendants were doctors1 and the charges related principally to medical experimentation on human beings4 ,the remainder of ,volume ,,ii is devoted to the trial of former ,field ,marshal ,erhard ,milch1 who was also charged with criminal responsibilities for medical experimentation on human beings 7of which charge he was acquitted71 and with responsibility for the deportation to forced labor of numerous civilians1 in violation of the laws of war 7of which charge he was convicted74 ,,contents ,preface ,,iii ,trials of ,war ,criminals before ,nuernberg ,military ,tribunals ,,vii ,declaration on ,german ,atrocities ,,viii ,executive ,order #iedg ,,ix ,london ,agreement of #h ,august #aide ,,ix ,charter of ,the ,international ,military ,tribunal ,,xi ,control ,council ,law ,no4 #aj ,,xvi ,executive ,order #ifgi ,,xx ,general ,orders ,number #cja1 ,hq4 ,,usfet1 #bd ,october #aidf ,,xx ,military ,government--,germany1 ,united ,states ,zone1 ,ordinance ,no4 #g ,,xxi ,military ,government--,germany1 ,ordinance ,no4 #aa ,,xxvi ,officials of the ,office of the ,secretary ,general ,,xxviii 8,the ,medical ,case0 ,introduction #c ,order ,constituting ,tribunal ,i #e ,members of the ,tribunal #f ,prosecution ,counsel #g ,defense ,counsel #g ,i4 ,indictment #h ,,ii4 ,arraignment #ah ,,iii4 ,statement of the ,tribunal on the ,order of ,trial and ,rules of ,procedure1 #i ,december #aidf #bd ,,iv4 ,opening ,statement of the ,prosecution by ,brigadier ,general ,telford ,taylor1 #i ,december #aidf #bg ,v4 ,introductory ,statement on the ,presentation of ,evidence ,made by the ,prosecution1 #aj ,december #aidf #ge ,,vi4 ,organization of the ,german ,medical ,services #ha ,,vii4 ,extracts from ,argumentation and ,evidence of ,prosecution and ,defense #ib ,a4 ,medical ,experiments #ib #a4 ,high-altitude ,experiments #ib #b4 ,freezing ,experiments #aih #c4 ,malaria ,experiments #bgh #d4 ,lost 7,mustard7 ,gas ,experiments #cad #e4 ,sulfanilamide ,experiments #ced #f4 ,bone1 ,muscle and ,nerve ,regeneration1 and ,bone ,transplantation ,experiments #cia #g4 ,sea-water ,experiments #dah #h4 ,epidemic ,jaundice ,experiments #did #i4 ,typhus and ,other ,vaccine ,experiments #ejh #aj4 ,experiments with ,poison #fca #aa4 ,incendiary ,bomb ,experiments #fci #ab4 ,phlegmon ,experiments #fec #ac4 ,polygal ,experiments #ffi #ad4 ,gas ,oedema 7,phenol7 ,experiments #fhd #ae4 ,experiments for ,mass ,sterilization #fid ,b4 ,jewish ,skeleton ,collection #gch ,c4 ,project to kill ,tubercular ,polish ,nationals #gei ,d4 ,euthanasia #gid ,e4 ,selections from ,photographic ,evidence of the ,prosecution #hig ,,viii4 ,evidence and ,arguments on ,important ,aspects of the ,case #iji ,a4 ,applicability of ,control ,council ,law ,no4 #aj1 to offenses against ,germans ,during the ,war #iji ,b4 ,responsibility of ,superiors for ,acts of ,subordinates #ibe ,c4 ,responsibility of ,subordinates for ,acts ,carried ,out under ,superior ,orders #ieg ,d4 ,status of ,occupied ,poland under ,international ,law #igd ,e4 ,voluntary ,participation of ,experimental ,subjects #ihj 7,sec4 ,,viii continued in ,vol4 ,,ii7 ,,volume ,,ii ,,viii4 ,evidence and ,arguments on ,important ,aspects of the ,case ,f4 ,necessity ,g4 ,subjection to ,medical ,experimentation as ,substitute for ,penalties ,h4 ,usefulness of the ,experiments ,i4 ,medical ,ethics #a4 ,general #b4 ,german ,medical ,profession #c4 ,medical ,experiments in other ,countries ,,ix4 ,ruling of the ,tribunal on ,count ,one of the ,indictment ,x4 ,final ,plea for ,defendant ,karl ,brandt by ,dr4 ,servatius ,,xi4 ,final ,statements of the ,defendants1 #ai ,july #aidg ,,xii4 ,judgment ,sentences ,,xiii4 ,petitions ,,xiv4 ,affirmation of ,sentences by the ,commander of the ,u4 ,s4 ,zone of ,occupation ,,xv4 ,supreme ,court of the ,united ,states ,denial of ,writs of ,habeas ,corpus ,appendix ,table of ,comparative ,ranks ,list of ,witnesses in ,case ,i ,index ,,trials ,,of ,,war ,,criminals ,,before ,,nuernberg ,,military ,,tribunals ,case ,no4 ,united ,states against ,popular ,name ,volume ,no4 #a ,karl ,brandt1 et al4 ,medical ,case ,i and ,,ii #b ,erhard ,milch ,milch ,case ,,ii #c ,josef ,altstoetter1 et al4 ,justice ,case ,,iii #d ,oswald ,pohl1 et al4 ,pohl ,case ,v #e ,friedrich ,flick1 et al4 ,flick ,case ,,vi #f ,carl ,krauch1 et al4 ,i4 ,g4 ,farben ,case ,,vii and ,,viii #g ,wilhelm ,list1 et al4 ,hostage ,case ,,xi #h ,ulrich ,greifelt1 et al4 ,ru,s,h,a ,case ,,iv and ,v #i ,otto ,ohlendorf1 et al4 ,einsatzgruppen ,case ,,iv #aj ,alfred ,krupp1 et al4 ,krupp ,case ,,ix #aa ,ernst von ,weizsaecker1 et al4 ,ministries ,case ,,xii1 ,,xiii1 and ,,xiv #ab ,wilhelm von ,leeb1 et al4 ,high ,command ,case ,x and ,,xi ,procedure ,,xv ,,declaration ,,on ,,german ,,atrocities ,moscow ,declaration ,released ,november #a1 #aidc ,,the ,,united ,,kingdom1 the ,united ,states and the ,soviet ,union have received from many quarters evidence of atrocities1 massacres and cold-blooded mass executions which are being perpetrated by the ,hitlerite forces in the many countries they have overrun and from which they are now being steadily expelled4 ,the brutalities of ,hitlerite domination are no new thing and all the peoples or territories in their grip have suffered from the worst form of government by terror4 ,what is new is that many of these territories are now being redeemed by the advancing armies of the liberating ,powers and that in their desperation1 the recoiling ,hitlerite ,huns are redoubling their ruthless cruelties4 ,this is now evidenced with particular clearness by monstrous crimes of the ,hitlerites on the territory of the ,soviet ,union which is being liberated from the ,hitlerites1 and on ,french and ,italian territory4 ,accordingly1 the aforesaid three allied ,powers1 speaking in the interests of the thirty-two thirty-three ,united ,nations1 hereby solemnly declare and give full warning of their declaration as follows3 ,at the time of the granting of any armistice to any government which may be set up in ,germany1 those ,german officers and men and members of the ,nazi party who have been responsible for1 or have taken a consenting part in the above atrocities1 massacres1 and executions1 will be sent back to the countries in which their abominable deeds were done in order that they may be judged and punished according to the laws of these liberated countries and of the free governments which will be created therein4 ,lists will be compiled in all possible detail from all these countries having regard especially to the invaded parts of the ,soviet ,union1 to ,poland and ,czechoslovakia1 to ,yugoslavia and ,greece1 including ,crete and other islands1 to ,norway1 ,denmark1 the ,netherlands1 ,belgium1 ,luxemburg1 ,france and ,italy4 ,thus1 the ,germans who take part in wholesale shootings of ,italian officers or in the execution of ,french1 ,dutch1 ,belgian1 or ,norwegian hostages or of ,cretan peasants1 or who have shared in the slaughters inflicted on the people of ,poland or in territories of the ,soviet ,union which are now being swept clear of the enemy1 will know that they will be brought back to the scene of their crimes and judged on the spot by the peoples whom they have outraged4 ,let those who have hitherto not imbrued their hands with innocent blood beware lest they join the ranks of the guilty1 for most assuredly the three allied ,powers will pursue them to the uttermost ends of the earth and will deliver them to their accusers in order that justice may be done4 ,the above declaration is without prejudice to the case of the major criminals1 whose offences have no particular geographical localisation and who will be punished by the joint decision of the ,governments of the ,allies4 ,signed ,roosevelt ,churchill ,stalin ,,executive ,,order #iedg ,providing for ,representation of the ,united ,states in ,preparing and ,prosecuting ,charges of ,atrocities and ,war ,crimes ,against the ,leaders of the ,european ,axis ,powers and ,their ,principal ,agents and ,accessories ,by virtue of the authority vested in me as ,president and as ,commander in ,chief of the ,army and ,navy1 under the ,constitution and statutes of the ,united ,states1 it is ordered as follows3 #a4 ,associate ,justice ,robert ,h4 ,jackson is hereby designated to act as the ,representative of the ,united ,states and as its ,chief of ,counsel in preparing and prosecuting charges of atrocities and war crimes against such of the leaders of the ,european ,axis powers and their principal agents and accessories as the ,united ,states may agree with any of the ,united ,nations to bring to trial before an international military tribunal4 ,he shall serve without additional compensation but shall receive such allowance for expenses as may be authorized by the ,president4 #b4 ,the ,representative named herein is authorized to select and recommend to the ,president or to the head of any executive department1 independent establishment1 or other federal agency necessary personnel to assist in the performance of his duties hereunder4 ,the head of each executive department1 independent establishment1 and other federal agency is hereby authorized to assist the ,representative named herein in the performance of his duties hereunder and to employ such personnel and make such expenditures1 within the limits of appropriations now or hereafter available for the purpose1 as the ,representative named herein may deem necessary to accomplish the purposes of this order1 and may make available1 assign1 or detail for duty with the ,representative named herein such members of the armed forces and other personnel as may be requested for such purposes4 #c4 ,the ,representative named herein is authorized to cooperate with1 and receive the assistance of1 any foreign ,government to the extent deemed necessary by him to accomplish the purposes of this order4 ,,harry ,s4 ,,truman ,,the ,,white ,,house1 ,may #b1 #aide4 7,f4 ,r4 ,doc4 #de-gbef2 ,filed1 ,may #c1 #aide2 #aj3eg a4 m47 99 99 99 99 99 ,,london ,,agreement ,,of #h ,,august #aide ,,agreement by the ,government of the ,,united ,,states ,,of ,,america1 the ,provisional ,government of the ,,french ,,republic1 the ,government of the ,united ,kingdom of ,great ,britain and ,northern ,ireland and the ,government of the ,,union ,,of ,,soviet ,,socialist ,,republics for the ,prosecution and ,punishment of the ,,major ,,war ,,criminals of the ,,european ,,axis ,,whereas the ,united ,nations have from time to time made declarations of their intention that ,war ,criminals shall be brought to justice2 ,,and ,,whereas the ,moscow ,declaration of the #cjth ,october #aidc on ,german atrocities in ,occupied ,europe stated that those ,german ,officers and men and members of the ,nazi ,party who have been responsible for or have taken a consenting part in atrocities and crimes will be sent back to the countries in which their abominable deeds were done in order that they may be judged and punished according to the laws of these liberated countries and of the free ,governments that will be created therein2 ,,and ,,whereas this ,declaration was stated to be without prejudice to the case of major criminals whose offenses have no particular geographical location and who will be punished by the ,joint decision of the ,governments of the ,allies2 ,,now ,,therefore the ,government of the ,united ,states of ,america1 the ,provisional ,government of the ,french ,republic1 the ,government of the ,united ,kingdom of ,great ,britain and ,northern ,ireland and the ,government of the ,union of ,soviet ,socialist ,republics 7hereinafter called 8the ,signatories07 acting in the interests of all the ,united ,nations and by their representatives duly authorized thereto have concluded this ,agreement4 ,article #a4 ,there shall be established after consultation with the ,control ,council for ,germany an ,international ,military ,tribunal for the trial of war criminals whose offenses have no particular geographical location whether they be accused individually or in their capacity as members of organizations or groups or in both capacities4 ,article #b4 ,the constitution1 jurisdiction and functions of the ,international ,military ,tribunal shall be those set out in the ,charter annexed to this ,agreement1 which ,charter shall form an integral part of this ,agreement4 ,article #c4 ,each of the ,signatories shall take the necessary steps to make available for the investigation of the charges and trial the major war criminals detained by them who are to be tried by the ,international ,military ,tribunal4 ,the ,signatories shall also use their best endeavors to make available for investigation of the charges against and the trial before the ,international ,military ,tribunal such of the major war criminals as are not in the territories of any of the ,signatories4 ,article #d4 ,nothing in this ,agreement shall prejudice the provisions established by the ,moscow ,declaration concerning the return of war criminals to the countries where they committed their crimes4 ,article #e4 ,any ,government of the ,united ,nations may adhere to this ,agreement by notice given through the diplomatic channel to the ,government of the ,united ,kingdom1 who shall inform the other signatory and adhering ,governments of each such adherence4 ,article #f4 ,nothing in this ,agreement shall prejudice the jurisdiction or the powers of any national or occupation court established or to be established in any allied territory or in ,germany for the trial of war criminals4 ,article #g4 ,this agreement shall come into force on the day of signature and shall remain in force for the period of one year and shall continue thereafter1 subject to the right of any ,signatory to give1 through the diplomatic channel1 one month's notice of intention to terminate it4 ,such termination shall not prejudice any proceedings already taken or any findings already made in pursuance of this ,agreement4 ,,in ,,witness ,,whereof the ,undersigned have signed the present ,agreement4 ,,done in quadruplicate in ,london this #hth day of ,august #aide each in ,english1 ,french and ,russian1 and each text to have equal authenticity4 ,for the ,government of the ,united ,states of ,america ,,robert ,h4 ,,jackson ,for the ,provisional ,government of the ,french ,republic ,,robert ,,falco ,for the ,government of the ,united ,kingdom of ,great ,britain and ,northern ,ireland ,,jowitt1 ,c4 ,for the ,government of the ,union of ,soviet ,socialist ,republics ,i4 ,,nikitchenko ,a4 ,,trainin ,,charter ,,of ,,the ,,international ,,military ,,tribunal ,i4 ,,constitution ,,of ,,the ,,international ,,military ,,tribunal ,article #a4 ,in pursuance of the ,agreement signed on the #hth day of ,august #aide by the ,government of the ,united ,states of ,america1 the ,provisional ,government of the ,french ,republic1 the ,government of the ,united ,kingdom of ,great ,britain and ,northern ,ireland and the ,government of the ,union of ,soviet ,socialist ,republics1 there shall be established an ,international ,military ,tribunal 7hereinafter called 8the ,tribunal07 for the just and prompt trial and punishment of the major war criminals of the ,european ,axis4 ,article #b4 ,the ,tribunal shall consist of four members1 each with an alternate4 ,one member and one alternate shall be appointed by each of the ,signatories4 ,the alternates shall1 so far as they are able1 be present at all sessions of the ,tribunal4 ,in case of illness of any member of the ,tribunal or his incapacity for some other reason to fulfill his functions1 his alternate shall take his place4 ,article #c4 ,neither the ,tribunal1 its members nor their alternates can be challenged by the prosecution1 or by the ,defendants or their ,counsel4 ,each ,signatory may replace its member of the ,tribunal or his alternate for reasons of health or for other good reasons1 except that no replacement may take place during a ,trial1 other than by an alternate4 ,article #d4 7a7 ,the presence of all four members of the ,tribunal or the alternate for any absent member shall be necessary to constitute the quorum4 7b7 ,the members of the ,tribunal shall1 before any trial begins1 agree among themselves upon the selection from their number of a ,president1 and the ,president shall hold office during that trial1 or as may otherwise be agreed by a vote of not less than three members4 ,the principle of rotation of presidency for successive trials is agreed4 ,if1 however1 a session of the ,tribunal takes place on the territory of one of the four ,signatories1 the representative of that ,signatory on the ,tribunal shall preside4 7c7 ,save as aforesaid the ,tribunal shall take decisions by a majority vote and in case the votes are evenly divided1 the vote of the ,president shall be decisive3 provided always that convictions and sentences shall only be imposed by affirmative votes of at least three members of the ,tribunal4 ,article #e4 ,in case of need and depending on the number of the matters to be tried1 other ,tribunals may be set up2 and the establishment1 functions1 and procedure of each ,tribunal shall be identical1 and shall be governed by this ,charter4 ,,ii4 ,,jurisdiction ,,and ,,general ,,principles ,article #f4 ,the ,tribunal established by the ,agreement referred to in ,article #a hereof for the trial and punishment of the major war criminals of the ,european ,axis countries shall have the power to try and punish persons who1 acting in the interests of the ,european ,axis countries1 whether as individuals or as members of organizations1 committed any of the following crimes4 ,the following acts1 or any of them1 are crimes coming within the jurisdiction of the ,tribunal for which there shall be individual responsibility3 7a7 ,,crimes ,,against ,,peace3 namely1 planning1 preparation1 initiation or waging of a war of aggression1 or a war in violation of ,international treaties1 agreements or assurances1 or participation in a common plan or conspiracy for the accomplishment of any of the foregoing2 7b7 ,,war ,,crimes3 namely1 violations of the laws or customs of war4 ,such violations shall include1 but not be limited to1 murder1 ill-treatment or deportation to slave labor or for any other purpose of civilian population of or in occupied territory1 murder or ill-treatment of prisoners of war or persons on the seas1 killing of hostages1 plunder of public or private property1 wanton destruction of cities1 towns or villages1 or devastation not justified by military necessity2 7c7 ,,crimes ,,against ,,humanity3 namely1 murder1 extermination1 enslavement1 deportation1 and other inhumane acts committed against any civilian population1 before or during the war2 or persecutions on political1 racial or religious grounds in execution of or in connection with any crime within the jurisdiction of the ,tribunal1 whether or not in violation of the domestic law of the country where perpetrated4#a ,leaders1 organizers1 instigators and accomplices participating in the formulation or execution of a common plan or conspiracy to commit any of the foregoing crimes are responsible for all acts performed by any persons in execution of such plan4 ,article #g4 ,the official position of defendants1 whether as ,heads of ,state or responsible officials in ,government ,departments1 shall not be considered as freeing them from responsibility or mitigating punishment4 ,article #h4 ,the fact that the ,defendant acted pursuant to order of his ,government or of a superior shall not free him from responsibility1 but may be considered in mitigation of punishment if the ,tribunal determines that justice so requires4 ,article #i4 ,at the trial of any individual member of any group or organization the ,tribunal may declare 7in connection with any act of which the individual may be convicted7 that the group or organization of which the individual was a member was a criminal organization4 ,after receipt of the ,indictment the ,tribunal shall give such notice as it thinks fit that the prosecution intends to ask the ,tribunal to make such declaration and any member of the organization will be entitled to apply to the ,tribunal for leave to be heard by the ,tribunal upon the question of the criminal character of the organization4 ,the ,tribunal shall have power to allow or reject the application4 ,if the application is allowed1 the ,tribunal may direct in what manner the applicants shall be represented and heard4 ,article #aj4 ,in cases where a group or organization is declared criminal by the ,tribunal1 the competent national authority of any ,signatory shall have the right to bring individuals to trial for membership therein before national1 military or occupation courts4 ,in any such case the criminal nature of the group or organization is considered proved and shall not be questioned4 ,article #aa4 ,any person convicted by the ,tribunal may be charged before a national1 military or occupation court1 referred to in ,article #aj of this ,charter1 with a crime other than of membership in a criminal group or organization and such court may1 after convicting him1 impose upon him punishment independent of and additional to the punishment imposed by the ,tribunal for participation in the criminal activities of such group or organization4 ,article #ab4 ,the ,tribunal shall have the right to take proceedings against a person charged with crimes set out in ,article #f of this ,charter in his absence1 if he has not been found or if the ,tribunal1 for any reason1 finds it necessary1 in the interests of justice1 to conduct the hearing in his absence4 ,article #ac4 ,the ,tribunal shall draw up rules for its procedure4 ,these rules shall not be inconsistent with the provisions of this ,charter4 ,,iii4 ,,committee ,,for ,,the ,,investigation ,,and ,,prosecution ,,of ,,major ,,war ,,criminals ,article #ad4 ,each ,signatory shall appoint a ,chief ,prosecutor for the investigation of the charges against and the prosecution of major war criminals4 ,the ,chief ,prosecutors shall act as a committee for the following purposes3 7a7 to agree upon a plan of the individual work of each of the ,chief ,prosecutors and his staff1 7b7 to settle the final designation of major war criminals to be tried by the ,tribunal1 7c7 to improve the ,indictment and the documents to be submitted therewith1 7d7 to lodge the ,indictment and the accompanying documents with the ,tribunal1 7e7 to draw up and recommend to the ,tribunal for its approval draft rules of procedure1 contemplated by ,article #ac of this ,charter4 ,the ,tribunal shall have power to accept1 with or without amendments1 or to reject1 the rules so recommended4 ,the ,committee shall act in all the above matters by a majority vote and shall appoint a ,chairman as may be convenient and in accordance with the principle of rotation3 provided that if there is an equal division of vote concerning the designation of a ,defendant to be tried by the ,tribunal1 or the crimes with which he shall be charged1 that proposal will be adopted which was made by the party which proposed that the particular ,defendant be tried1 or the particular charges be preferred against him4 ,article #ae4 ,the ,chief ,prosecutors shall individually1 and acting in collaboration with one another1 also undertake the following duties3 7a7 investigation1 collection1 and production before or at the ,trial of all necessary evidence1 7b7 the preparation of the ,indictment for approval by the ,committee in accordance with paragraph 7c7 of ,article #ad hereof1 7c7 the preliminary examination of all necessary witnesses and of the ,defendants1 7d7 to act as prosecutor at the ,trial1 7e7 to appoint representatives to carry out such duties as may be assigned to them1 7f7 to undertake such other matters as may appear necessary to them for the purposes of the preparation for and conduct of the ,trial4 ,it is understood that no witness or ,defendant detained by any ,signatory shall be taken out of the possession of that ,signatory without its assent4 ,,iv4 ,,fair ,,trial ,,for ,,defendants ,article #af4 ,in order to ensure fair trial for the ,defendants1 the following procedure shall be followed3 7a7 ,the ,indictment shall include full particulars specifying in detail the charges against the ,defendants4 ,a copy of the ,indictment and of all the documents lodged with the ,indictment1 translated into a language which he understands1 shall be furnished to the ,defendant at a reasonable time before the ,trial4 7b7 ,during any preliminary examination or trial of a ,defendant he shall have the right to give any explanation relevant to the charges made against him4 7c7 ,a preliminary examination of a ,defendant and his ,trial shall be conducted in1 or translated into1 a language which the ,defendant understands4 7d7 ,a defendant shall have the right to conduct his own defense before the ,tribunal or to have the assistance of ,counsel4 7e7 ,a defendant shall have the right through himself or through his ,counsel to present evidence at the ,trial in support of his defense1 and to cross-examine any witness called by the ,prosecution4 ,v4 ,,powers ,,of ,,the ,,tribunal ,,and ,,conduct ,,of ,,the ,,trial ,article #ag4 ,the ,tribunal shall have the power 7a7 to summon witnesses to the ,trial and to require their attendance and testimony and to put questions to them1 7b7 to interrogate any ,defendant1 7c7 to require the production of documents and other evidentiary material1 7d7 to administer oaths to witnesses1 7e7 to appoint officers for the carrying out of any task designated by the ,tribunal including the power to have evidence taken on commission4 ,article #ah4 ,the ,tribunal shall 7a7 confine the ,trial strictly to an expeditious hearing of the issues raised by the charges1 7b7 take strict measures to prevent any action which will cause unreasonable delay1 and rule out irrelevant issues and statements of any kind whatsoever1 7c7 deal summarily with any contumacy1 imposing appropriate punishment1 including exclusion of any ,defendant or his ,counsel from some or all further proceedings1 but without prejudice to the determination of the charges4 ,article #ai4 ,the ,tribunal shall not be bound by technical rules of evidence4 ,it shall adopt and apply to the greatest possible extent expeditious and non-technical procedure1 and shall admit any evidence which it deems to have probative value4 ,article #bj4 ,the ,tribunal may require to be informed of the nature of any evidence before it is offered so that it may rule upon the relevance thereof4 ,article #ba4 ,the ,tribunal shall not require proof of facts of common knowledge but shall take ,judicial notice thereof4 ,it shall also take judicial notice of official governmental documents and reports of the ,united ,nations1 including the acts and documents of the committees set up in the various allied countries for the investigation of war crimes1 and the records and findings of military or other ,tribunals of any of the ,united ,nations4 ,article #bb4 ,the permanent seat of the ,tribunal shall be in ,berlin4 ,the first meetings of the members of the ,tribunal and of the ,chief ,prosecutors shall be held at ,berlin in a place to be designated by the ,control ,council for ,germany4 ,the first trial shall be held at ,nuremberg1 and any subsequent trials shall be held at such places as the ,tribunal may decide4 ,article #bc4 ,one or more of the ,chief ,prosecutors may take part in the prosecution at each ,trial4 ,the function of any ,chief ,prosecutor may be discharged by him personally1 or by any person or persons authorized by him4 ,the function of ,counsel for a ,defendant may be discharged at the ,defendant's request by any ,counsel professionally qualified to conduct cases before the ,courts of his own country1 or by any other person who may be specially authorized thereto by the ,tribunal4 ,article #bd4 ,the proceedings at the ,trial shall take the following course3 7a7 ,the ,indictment shall be read in court4 7b7 ,the ,tribunal shall ask each ,defendant whether he pleads 8guilty0 or 8not guilty04 7c7 ,the ,prosecution shall make an opening statement4 7d7 ,the ,tribunal shall ask the ,prosecution and the ,defense what evidence 7if any7 they wish to submit to the ,tribunal1 and the ,tribunal shall rule upon the admissibility of any such evidence4 7e7 ,the witnesses for the ,prosecution shall be examined and after that the witnesses for the ,defense4 ,thereafter such rebutting evidence as may be held by the ,tribunal to be admissible shall be called by either the ,prosecution or the ,defense4 7f7 ,the ,tribunal may put any question to any witness and to any ,defendant1 at any time4 7g7 ,the ,prosecution and the ,defense shall interrogate and may cross-examine any witnesses and any ,defendant who gives testimony4 7h7 ,the ,defense shall address the court4 7i7 ,the ,prosecution shall address the court4 7j7 ,each ,defendant may make a statement to the ,tribunal4 7k7 ,the ,tribunal shall deliver judgment and pronounce sentence4 ,article #be4 ,all official documents shall be produced1 and all court proceedings conducted1 in ,english1 ,french and ,russian1 and in the language of the ,defendant4 ,so much of the record and of the proceedings may also be translated into the language of any country in which the ,tribunal is sitting1 as the ,tribunal considers desirable in the interests of justice and public opinion4 ,,vi4 ,,judgment ,,and ,,sentence ,article #bf4 ,the judgment of the ,tribunal as to the guilt or the innocence of any ,defendant shall give the reasons on which it is based1 and shall be final and not subject to review4 ,article #bg4 ,the ,tribunal shall have the right to impose upon a ,defendant1 on conviction1 death or such other punishment as shall be determined by it to be just4 ,article #bh4 ,in addition to any punishment imposed by it1 the ,tribunal shall have the right to deprive the convicted person of any stolen property and order its delivery to the ,control ,council for ,germany4 ,article #bi4 ,in case of guilt1 sentences shall be carried out in accordance with the orders of the ,control ,council for ,germany1 which may at any time reduce or otherwise alter the sentences1 but may not increase the severity thereof4 ,if the ,control ,council for ,germany1 after any ,defendant has been convicted and sentenced1 discovers fresh evidence which1 in its opinion1 would found a fresh charge against him1 the ,council shall report accordingly to the ,committee established under ,article #ad hereof1 for such action as they may consider proper1 having regard to the interests of justice4 ,,vii4 ,,expenses ,article #cj4 ,the expenses of the ,tribunal and of the ,trials1 shall be charged by the ,signatories against the funds allotted for maintenance of the ,control ,council for ,germany4 99 99 99 99 99 ,,protocol ,whereas an ,agreement and ,charter regarding the ,prosecution of ,war ,criminals was signed in ,london on the #hth ,august #aide1 in the ,english1 ,french1 and ,russian languages4 ,and whereas a discrepancy has been found to exist between the originals of ,article #f1 paragraph 7c71 of the ,charter in the ,russian language1 on the one hand1 and the originals in the ,english and ,french languages1 on the other1 to wit1 the semi-colon in ,article #f1 paragraph 7c71 of the ,charter between the words 8war0 and 8or01 as carried in the ,english and ,french texts1 is a comma in the ,russian text4 and whereas it is desired to rectify this discrepancy3 ,,now1 ,,therefore1 the undersigned1 signatories of the said ,agreement on behalf of their respective ,governments1 duly authorized thereto1 have agreed that ,article #f1 paragraph 7c71 of the ,charter in the ,russian text is correct1 and that the meaning and intention of the ,agreement and ,charter require that the said semi-colon in the ,english text should be changed to a comma1 and that the ,french text should be amended to read as follows3 7c7 ,,les ,,crimes ,,contre ,l',,humanite3 c'est dire l'assassinat1 l'extermination1 la rduction en esclavage1 la dportation1 et tout autre acte inhumain commis contre toutes populations civiles1 avant ou pendant la guerre1 ou bien les perscutions pour des motifs politiques1 raciaux1 ou rligieux1 lorsque ces actes ou perscutions1 qu'ils aient constitu ou non une violation du droit interne du pays o ils ont t perptrs1 ont t commis la suite de tout crime rentrant dans la comptence du ,tribunal1 ou en liaison avec ce crime4 ,,in ,,witness ,,whereof the ,undersigned have signed the present ,protocol4 ,,done in quadruplicate in ,berlin this #fth day of ,october1 #aide1 each in ,english1 ,french1 and ,russian1 and each text to have equal authenticity4 ,for the ,government of the ,united ,states of ,america ,,robert ,h4 ,,jackson ,for the ,provisional ,government of the ,french ,republic ,,fran,,ois ,,de ,,menthon ,for the ,government of the ,united ,kingdom of ,great ,britain and ,northern ,ireland ,,hartley ,,shawcross ,for the ,government of the ,union of ,soviet ,socialist ,republics ,r4 ,,rudenko ----- #a ,see proctocol p4 ,,xv for correction of this paragraph4 99 99 99 99 99 ,,control ,,council ,,law ,,no4 #aj ,,punishment ,,of ,,persons ,,guilty ,,of ,,war ,,crimes1 ,,crimes ,,against ,,peace ,,and ,,against ,,humanity ,in order to give effect to the terms of the ,moscow ,declaration of #cj ,october #aidc and the ,london ,agreement of #h ,august #aide1 and the ,charter issued pursuant thereto and in order to establish a uniform legal basis in ,germany for the prosecution of war criminals and other similar offenders1 other than those dealt with by the ,international ,military ,tribunal1 the ,control ,council enacts as follows3 ,article ,i ,the ,moscow ,declaration of #cj ,october #aidc 8,concerning ,responsibility of ,hitlerites for ,committed ,atrocities0 and the ,london ,agreement of #h ,august #aide 8,concerning ,prosecution and ,punishment of ,major ,war ,criminals of the ,european ,axis0 are made integral parts of this ,law4 ,adherence to the provisions of the ,london ,agreement by any of the ,united ,nations1 as provided for in ,article ,v of that ,agreement1 shall not entitle such ,nation to participate or interfere in the operation of this ,law within the ,control ,council area of authority in ,germany4 ,article ,,ii #a4 ,each of the following acts is recognized as a crime3 7a7 ,crimes against ,peace4 ,initiation of invasions of other countries and wars of aggression in violation of international laws and treaties1 including but not limited to planning1 preparation1 initiation or waging a war of aggression1 or a war of violation of international treaties1 agreements or assurances1 or participation in a common plan or conspiracy for the accomplishment of any of the foregoing4 7b7 ,war ,crimes4 ,atrocities or offences against persons or property constituting violations of the laws or customs of war1 including but not limited to1 murder1 ill treatment or deportation to slave labour or for any other purpose1 of civilian population from occupied territory1 murder or ill treatment of prisoners of war or persons on the seas1 killing of hostages1 plunder of public or private property1 wanton destruction of cities1 towns or villages1 or devastation not justified by military necessity4 7c7 ,crimes against ,humanity4 ,atrocities and offences1 including but not limited to murder1 extermination1 enslavement1 deportation1 imprisonment1 torture1 rape1 or other inhumane acts committed against any civilian population1 or persecutions on political1 racial or religious grounds whether or not in violation of the domestic laws of the country where perpetrated4 7d7 ,membership in categories of a criminal group or organization declared criminal by the ,international ,military ,tribunal4 #b4 ,any person without regard to nationality or the capacity in which he acted1 is deemed to have committed a crime as defined in paragraph #a of this ,article1 if he was 7a7 a principal or 7b7 was an accessory to the commission of any such crime or ordered or abetted the same or 7c7 took a consenting part therein or 7d7 was connected with plans or enterprises involving its commission or 7e7 was a member of any organization or group connected with the commission of any such crime or 7f7 with reference to paragraph #a 7a71 if he held a high political1 civil or military 7including ,general ,staff7 position in ,germany or in one of its ,allies1 co-belligerents or satellites or held high position in the financial1 industrial or economic life of any such country4 #c4 ,any person found guilty of any of the ,crimes above mentioned may upon conviction be punished as shall be determined by the tribunal to be just4 ,such punishment may consist of one or more of the following3 7a7 ,death4 7b7 ,imprisonment for life or a term of years1 with or without hard labour4 7c7 ,fine1 and imprisonment with or without hard labour1 in lieu1 thereof4 7d7 ,forfeiture of property4 7e7 ,restitution of property wrongfully acquired4 7f7 ,deprivation of some or all civil rights4 ,any property declared to be forfeited or the restitution of which is ordered by the ,tribunal shall be delivered to the ,control ,council for ,germany1 which shall decide on its disposal4 #d4 7a7 ,the official position of any person1 whether as ,head of ,state or as a responsible official in a ,government ,department1 does not free him from responsibility for a crime or entitle him to mitigation of punishment4 7b7 ,the fact that any person acted pursuant to the order of his ,government or of a superior does not free him from responsibility for a crime1 but may be considered in mitigation4 #e4 ,in any trial or prosecution for a crime herein referred to1 the accused shall not be entitled to the benefits of any statute of limitation in respect of the period from #cj ,january #aicc to #a ,july #aide1 nor shall any immunity1 pardon or amnesty granted under the ,nazi regime be admitted as a bar to trial or punishment4 ,article ,,iii #a4 ,each occupying authority1 within its ,zone of occupation1 7a7 shall have the right to cause persons within such ,zone suspected of having committed a crime1 including those charged with crime by one of the ,united ,nations1 to be arrested and shall take under control the property1 real and personal1 owned or controlled by the said persons1 pending decisions as to its eventual disposition4 7b7 shall report to the ,legal ,directorate the names of all suspected criminals1 the reasons for and the places of their detention1 if they are detained1 and the names and location of witnesses4 7c7 shall take appropriate measures to see that witnesses and evidence will be available when required4 7d7 shall have the right to cause all persons so arrested and charged1 and not delivered to another authority as herein provided1 or released1 to be brought to trial before an appropriate tribunal4 ,such tribunal may1 in the case of crimes committed by persons of ,german citizenship or nationality against other persons of ,german citizenship or nationality1 or stateless persons1 be a ,german ,court1 if authorized by the occupying authorities4 #b4 ,the tribunal by which persons charged with offenses hereunder shall be tried and the rules and procedure thereof shall be determined or designated by each ,zone ,commander for his respective ,zone4 ,nothing herein is intended to1 or shall impair or limit the jurisdiction or power of any court or tribunal now or hereafter established in any ,zone by the ,commander thereof1 or of the ,international ,military ,tribunal established by the ,london ,agreement of #h ,august #aide4 #c4 ,persons wanted for trial by an ,international ,military ,tribunal will not be tried without the consent of the ,committee of ,chief ,prosecutors4 ,each ,zone ,commander will deliver such persons who are within his ,zone to that committee upon request and will make witnesses and evidence available to it4 #d4 ,persons known to be wanted for trial in another ,zone or outside ,germany will not be tried prior to decision under ,article ,,iv unless the fact of their apprehension has been reported in accordance with ,section #a 7b7 of this ,article1 three months have elapsed thereafter1 and no request for delivery of the type contemplated by ,article ,,iv has been received by the ,zone ,commander concerned4 #e4 ,the execution of death sentences may be deferred by not to exceed one month after the sentence has become final when the ,zone ,commander concerned has reason to believe that the testimony of those under sentence would be of value in the investigation and trial of crimes within or without his ,zone4 #f4 ,each ,zone ,commander will cause such effect to be given to the judgments of courts of competent jurisdiction1 with respect to the property taken under his control pursuant hereto1 as he may deem proper in the interest of justice4 ,article ,,iv #a4 ,when any person in a ,zone in ,germany is alleged to have committed a crime1 as defined in ,article ,,ii1 in a country other than ,germany or in another ,zone1 the government of that nation or the ,commander of the latter ,zone1 as the case may be1 may request the ,commander of the ,zone in which the person is located for his arrest and delivery for trial to the country or ,zone in which the crime was committed4 ,such request for delivery shall be granted by the ,commander receiving it unless he believes such person is wanted for trial or as a witness by an ,international ,military ,tribunal1 or in ,germany1 or in a nation other than the one making the request1 or the ,commander is not satisfied that delivery should be made1 in any of which cases he shall have the right to forward the said request to the ,legal ,directorate of the ,allied ,control ,authority4 ,a similar procedure shall apply to witnesses1 material exhibits and other forms of evidence4 #b4 ,the ,legal ,directorate shall consider all requests referred to it1 and shall determine the same in accordance with the following principles1 its determination to be communicated to the ,zone ,commander4 7a7 ,a person wanted for trial or as a witness by an ,international ,military ,tribunal shall not be delivered for trial or required to give evidence outside ,germany1 as the case may be1 except upon approval of the ,committee of ,chief ,prosecutors acting under the ,london ,agreement of #h ,august #aide4 7b7 ,a person wanted for trial by several authorities 7other than an ,international ,military ,tribunal7 shall be disposed of in accordance with the following priorities3 7#a7 ,if wanted for trial in the ,zone in which he is1 he should not be delivered unless arrangements are made for his return after trial elsewhere2 7#b7 ,if wanted for trial in a ,zone other than that in which he is1 he should be delivered to that ,zone in preference to delivery outside ,germany unless arrangements are made for his return to that ,zone after trial elsewhere2 7#c7 ,if wanted for trial outside ,germany by two or more of the ,united ,nations1 of one of which he is a citizen1 that one should have priority2 7#d7 ,if wanted for trial outside ,germany by several countries1 not all of which are ,united ,nations1 ,united ,nations should have priority2 7#e7 ,if wanted for trial outside ,germany by two or more of the ,united ,nations1 then1 subject to ,article ,,iv #b 7b7 7#c7 above1 that which has the most serious charges against him1 which are moreover supported by evidence1 should have priority4 ,article ,v ,the delivery1 under ,article ,,iv of this ,law1 of persons for trial shall be made on demands of the ,governments or ,zone ,commanders in such a manner that the delivery of criminals to one jurisdiction will not become the means of defeating or unnecessarily delaying the carrying out of justice in another place4 ,if within six months the delivered person has not been convicted by the ,court of the zone or country to which he has been delivered1 then such person shall be returned upon demand of the ,commander of the ,zone where the person was located prior to delivery4 ,done at ,berlin1 #bj ,december #aide4 ,,joseph ,t4 ,,mcnarney ,general ,b4 ,l4 ,,montgomery ,field ,marshal ,l4 ,,koeltz ,general de ,corps d',arme for ,p4 ,,koenig ,general d',arme ,g4 ,,zhukov ,marshal of the ,soviet ,union ,,executive ,,order #ifgi ,amendment of ,executive ,order ,no4 #iedg of ,may #b1 #aide1 ,entitled 8,providing for ,representation of the ,united ,states in ,preparing and ,prosecuting ,charges of ,atrocities and ,war ,crimes ,against the ,leaders of the ,european ,axis ,powers and ,their ,principal ,agents and ,accessories0 ,by virtue of the authority vested in me as ,president and ,commander in ,chief of the ,army and ,navy1 under the ,constitution and statutes of the ,united ,states1 it is ordered as follows3 #a4 ,in addition to the authority vested in the ,representative of the ,united ,states and its ,chief of ,counsel by ,paragraph #a of ,executive ,order ,no4 #iedg of ,may #b1 #aide1 to prepare and prosecute charges of atrocities and war crimes against such of the leaders of the ,european ,axis powers and their accessories as the ,united ,states may agree with any of the ,united ,nations to bring to trial before an international military tribunal1 such ,representative and ,chief of ,counsel shall have the authority to proceed before ,united ,states military or occupation tribunals1 in proper cases1 against other ,axis adherents1 including but not limited to cases against members of groups and organizations declared criminal by the said international military tribunal4 #b4 ,the present ,representative and ,chief of ,counsel is authorized to designate a ,deputy ,chief of ,counsel1 to whom he may assign responsibility for organizing and planning the prosecution of charges of atrocities and war crimes1 other than those now being prosecuted as ,case ,no4 #a in the international military tribunal1 and1 as he may be directed by the ,chief of ,counsel1 for conducting the prosecution of such charges of atrocities and war crimes4 #c4 ,upon vacation of office by the present ,representative and ,chief of ,counsel1 the functions1 duties1 and powers of the ,representative of the ,united ,states and its ,chief of ,counsel1 as specified in the said ,executive ,order ,no4 #iedg of ,may #b1 #aide1 as amended by this order1 shall be vested in a ,chief of ,counsel for ,war ,crimes to be appointed by the ,united ,states ,military ,governor for ,germany or by his successor4 #d4 ,the said ,executive ,order ,no4 #iedg of ,may #b1 #aide1 is amended accordingly4 ,,harry ,s4 ,,truman ,,the ,,white ,,house1 ,january #af1 #aidf4 7,f4 ,r4 ,doc4 #df-hic2 ,filed1 ,jan4 #ag1 #aidf2 #aa3jh a4 m47 99 99 99 99 99 ,,headquarters ,,us ,,forces1 ,,european ,,theater ,,general ,,orders #bd ,,october #aidf ,no4 #cja ,office of ,chief of ,counsel for ,war ,crimes ,i ,chief ,prosecutor ,,ii ,announcement of ,assignments ,,iii ,i----,,office ,,of ,,chief ,,of ,,counsel ,,for ,,war ,,crimes4 ,effective this date1 the ,office of ,chief of ,counsel for ,war ,crimes is transferred to the ,office of ,military ,government for ,germany 7,,us74 ,the ,chief of ,counsel for ,war ,crimes will report directly to the ,deputy ,military ,governor and will work in close liaison with the ,legal ,adviser of the ,office of ,military ,government for ,germany and with the ,theater ,judge ,advocate4 ,,ii----,,chief ,,prosecutor4 ,effective this date1 the ,chief of ,counsel for ,war ,crimes will also serve as ,chief ,prosecutor under the ,charter of the ,international ,military ,tribunal1 established by the ,agreement of #h ,august #aide4 ,,iii----,,announcement ,,of ,,assignments4 ,effective this date1 ,brigadier ,general ,telford ,taylor1 ,,usa1 is announced as ,chief of ,counsel for ,war ,crimes1 in which capacity he will also serve as ,chief ,prosecutor for the ,united ,states under the ,charter of the ,international ,military ,tribunal1 established by the ,agreement of #h ,august #aide4 ,,by ,,command ,,of ,,general ,,mcnarney3 ,c4 ,r4 ,,huebner ,major ,general1 ,,gsc1 ,chief of ,staff ,,official3 ,,george ,f4 ,,herbert ,colonel1 ,,agd ,adjutant ,general ,,distribution3 ,d 99 99 99 99 99 ,,military ,,government--,,germany ,,united ,,states ,,zone ,,ordinance ,,no4 #g ,,organization ,,and ,,powers ,,of ,,certain ,,military ,,tribunals ,article ,i ,the purpose of this ,ordinance is to provide for the establishment of military tribunals which shall have power to try and punish persons charged with offenses recognized as crimes in ,article ,,ii of ,control ,council ,law ,no4 #aj1 including conspiracies to commit any such crimes4 ,nothing herein shall prejudice the jurisdiction or the powers of other courts established or which may be established for the trial of any such offenses4 ,article ,,ii 7a7 ,pursuant to the powers of the ,military ,governor for the ,united ,states ,zone of ,occupation within ,germany and further pursuant to the powers conferred upon the ,zone ,commander by ,control ,council ,law ,no4 #aj and ,articles #aj and #aa of the ,charter of the ,international ,military ,tribunal annexed to the ,london ,agreement of #h ,august #aide certain tribunals to be known as 8,military ,tribunals0 shall be established hereunder4 7b7 ,each such tribunal shall consist of three or more members to be designated by the ,military ,governor4 ,one alternate member may be designated to any tribunal if deemed advisable by the ,military ,governor4 ,except as provided in subsection 7c7 of this ,article1 all members and alternates shall be lawyers who have been admitted to practice1 for at least five years1 in the highest courts of one of the ,united ,states or its territories or of the ,district of ,columbia1 or who have been admitted to practice in the ,united ,states ,supreme ,court4 7c7 ,the ,military ,governor may in his discretion enter into an agreement with one or more other zone commanders of the member nations of the ,allied ,control ,authority providing for the joint trial of any case or cases4 ,in such cases the tribunals shall consist of three or more members as may be provided in the agreement4 ,in such cases the tribunals may include properly qualified lawyers designated by the other member nations4 7d7 ,the ,military ,governor shall designate one of the members of the tribunal to serve as the presiding judge4 7e7 ,neither the tribunals nor the members of the tribunals or the alternates may be challenged by the prosecution or by the defendants or their counsel4 7f7 ,in case of illness of any member of a tribunal or his incapacity for some other reason1 the alternate1 if one has been designated1 shall take his place as a member in the pending trial4 ,members may be replaced for reasons of health or for other good reasons1 except that no replacement of a member may take place1 during a trial1 other than by the alternate4 ,if no alternate has been designated1 the trial shall be continued to conclusion by the remaining members4 7g7 ,the presence of three members of the tribunal or of two members when authorized pursuant to subsection 7f7 supra shall be necessary to constitute a quorum4 ,in the case of tribunals designated under 7c7 above the agreement shall determine the requirements for a quorum4 7h7 ,decisions and judgments1 including convictions and sentences1 shall be by majority vote of the members4 ,if the votes of the members are equally divided1 the presiding member shall declare a mistrial4 ,article ,,iii 7a7 ,charges against persons to be tried in the tribunals established hereunder shall originate in the ,office of the ,chief of ,counsel for ,war ,crimes1 appointed by the ,military ,governor pursuant to paragraph #c of the ,executive ,order ,numbered #ifgi of the ,president of the ,united ,states dated #af ,january #aidf4 ,the ,chief of ,counsel for ,war ,crimes shall determine the persons to be tried by the tribunals and he or his designated representative shall file the indictments with the ,secretary ,general of the tribunals 7see ,article ,,xiv1 infra7 and shall conduct the prosecution4 7b7 ,the ,chief of ,counsel for ,war ,crimes1 when in his judgment it is advisable1 may invite one or more ,united ,nations to designate representatives to participate in the prosecution of any case4 ,article ,,iv ,in order to ensure fair trial for the defendants1 the following procedure shall be followed3 7a7 ,a defendant shall be furnished1 at a reasonable time before his trial1 a copy of the indictment and of all documents lodged with the indictment1 translated into a language which he understands4 ,the indictment shall state the charges plainly1 concisely and with sufficient particulars to inform defendant of the offenses charged4 7b7 ,the trial shall be conducted in1 or translated into1 a language which the defendant understands4 7c7 ,a defendant shall have the right to be represented by counsel of his own selection1 provided such counsel shall be a person qualified under existing regulations to conduct cases before the courts of defendant's country1 or any other person who may be specially authorized by the tribunal4 ,the tribunal shall appoint qualified counsel to represent a defendant who is not represented by counsel of his own selection4 7d7 ,every defendant shall be entitled to be present at his trial except that a defendant may be proceeded against during temporary absences if in the opinion of the tribunal defendant's interests will not thereby be impaired1 and except further as provided in ,article ,,vi 7c74 ,the tribunal may also proceed in the absence of any defendant who has applied for and has been granted permission to be absent4 7e7 ,a defendant shall have the right through his counsel to present evidence at the trial in support of his defense1 and to cross examine any witness called by the prosecution4 7f7 ,a defendant may apply in writing to the tribunal for the production of witnesses or of documents4 ,the application shall state where the witness or document is thought to be located and shall also state the facts to be proved by the witness or the document and the relevancy of such facts to the defense4 ,if the tribunal grants the application1 the defendant shall be given such aid in obtaining production of evidence as the tribunal may order4 ,article ,v ,the tribunals shall have the power 7a7 to summon witnesses to the trial1 to require their attendance and testimony and to put questions to them2 7b7 to interrogate any defendant who takes the stand to testify in his own behalf1 or who is called to testify regarding another defendant2 7c7 to require the production of documents and other evidentiary material2 7d7 to administer oaths2 7e7 to appoint officers for the carrying out of any task designated by the tribunals including the taking of evidence on commission2 7f7 to adopt rules of procedure not inconsistent with this ,ordinance4 ,such rules shall be adopted1 and from time to time as necessary1 revised by the members of the tribunal or by the committee of presiding judges as provided in ,article ,,xiii4 ,article ,,vi ,the tribunals shall 7a7 confine the trial strictly to an expeditious hearing of the issues raised by the charges2 7b7 take strict measures to prevent any action which will cause unreasonable delay1 and rule out irrelevant issues and statements of any kind whatsoever2 7c7 deal summarily with any contumacy1 imposing appropriate punishment1 including the exclusion of any defendant or his counsel from some or all further proceedings1 but without prejudice to the determination of the charges4 ,article ,,vii ,the tribunals shall not be bound by technical rules of evidence4 ,they shall adopt and apply to the greatest possible extent expeditious and non-technical procedure1 and shall admit any evidence which they deem to have probative value4 ,without limiting the foregoing general rules1 the following shall be deemed admissible if they appear to the tribunal to contain information of probative value relating to the charges3 affidavits1 depositions1 interrogations1 and other statements1 diaries1 letters1 the records1 findings1 statements and judgments of the military tribunals and the reviewing and confirming authorities of any of the ,united ,nations1 and copies of any document or other secondary evidence of the contents of any document1 if the original is not readily available or cannot be produced without delay4 ,the tribunal shall afford the opposing party such opportunity to question the authenticity or probative value of such evidence as in the opinion of the tribunal the ends of justice require4 ,article ,,viii ,the tribunals may require that they be informed of the nature of any evidence before it is offered so that they may rule upon the relevance thereof4 ,article ,,ix ,the tribunals shall not require proof of facts of common knowledge but shall take judicial notice thereof4 ,they shall also take judicial notice of official governmental documents and reports of any of the ,united ,nations1 including the acts and documents of the committees set up in the various ,allied countries for the investigation of war crimes1 and the records and findings of military or other tribunals of any of the ,united ,nations4 ,article ,x ,the determinations of the ,international ,military ,tribunal in the judgments in ,case ,no4 #a that invasions1 aggressive acts1 aggressive wars1 crimes1 atrocities or inhumane acts were planned or occurred1 shall be binding on the tribunals established hereunder and shall not be questioned except insofar as the participation therein or knowledge thereof by any particular person may be concerned4 ,statements of the ,international ,military ,tribunal in the judgment in ,case ,no4 #a constitute proof of the facts stated1 in the absence of substantial new evidence to the contrary4 ,article ,,xi ,the proceedings at the trial shall take the following course3 7a7 ,the tribunal shall inquire of each defendant whether he has received and had an opportunity to read the indictment against him and whether he pleads 8guilty0 or 8not guilty40 7b7 ,the prosecution may make an opening statement4 7c7 ,the prosecution shall produce its evidence subject to the cross examination of its witnesses4 7d7 ,the defense may make an opening statement4 7e7 ,the defense shall produce its evidence subject to the cross examination of its witnesses4 7f7 ,such rebutting evidence as may be held by the tribunal to be material may be produced by either the prosecution or the defense4 7g7 ,the defense shall address the court4 7h7 ,the prosecution shall address the court4 7i7 ,each defendant may make a statement to the tribunal4 7j7 ,the tribunal shall deliver judgment and pronounce sentence4 ,article ,,xii ,a ,central ,secretariat to assist the tribunals to be appointed hereunder shall be established as soon as practicable4 ,the main office of the ,secretariat shall be located in ,nuernberg4 ,the ,secretariat shall consist of a ,secretary ,general and such assistant secretaries1 military officers1 clerks1 interpreters and other personnel as may be necessary4 ,article ,,xiii ,the ,secretary ,general shall be appointed by the ,military ,governor and shall organize and direct the work of the ,secretariat4 ,he shall be subject to the supervision of the members of the tribunals1 except that when at least three tribunals shall be functioning1 the presiding judges of the several tribunals may form the supervisory committee4 ,article ,,xiv ,the ,secretariat shall3 7a7 ,be responsible for the administrative and supply needs of the ,secretariat and of the several tribunals4 7b7 ,receive all documents addressed to tribunals4 7c7 ,prepare and recommend uniform rules of procedure1 not inconsistent with the provisions of this ,ordinance4 7d7 ,secure such information for the tribunals as may be needed for the approval or appointment of defense counsel4 7e7 ,serve as liaison between the prosecution and defense counsel4 7f7 ,arrange for aid to be given defendants and the prosecution in obtaining production of witnesses or evidence as authorized by the tribunals4 7g7 ,be responsible for the preparation of the records of the proceedings before the tribunals4 7h7 ,provide the necessary clerical1 reporting and interpretative services to the tribunals and its members1 and perform such other duties as may be required for the efficient conduct of the proceedings before the tribunals1 or as may be requested by any of the tribunals4 ,article ,,xv ,the judgments of the tribunals as to the guilt or the innocence of any defendant shall give the reasons on which they are based and shall be final and not subject to review4 ,the sentences imposed may be subject to review as provided in ,article ,,xvii1 infra4 ,article ,,xvi ,the tribunal shall have the right to impose upon the defendant1 upon conviction1 such punishment as shall be determined by the tribunal to be just1 which may consist of one or more of the penalties provided in ,article ,,ii1 ,section #c of ,control ,council ,law ,no4 #aj4 ,article ,,xvii 7a7 ,except as provided in 7b7 infra1 the record of each case shall be forwarded to the ,military ,governor who shall have the power to mitigate1 reduce or otherwise alter the sentence imposed by the tribunal1 but may not increase the severity thereof4 7b7 ,in cases tried before tribunals authorized by ,article ,,ii 7c71 the sentence shall be reviewed jointly by the zone commanders of the nations involved1 who mitigate1 reduce or otherwise alter the sentence by majority vote1 but may not increase the severity thereof4 ,if only two nations are represented1 the sentence may be altered only by the consent of both zone commanders4 ,article ,,xviii ,no sentence of death shall be carried into execution unless and until confirmed in writing by the ,military ,governor4 ,in accordance with ,article ,,iii1 ,section #e of ,law ,no4 #aj1 execution of the death sentence may be deferred by not to exceed one month after such confirmation if there is reason to believe that the testimony of the convicted person may be of value in the investigation and trial of other crimes4 ,article ,,xix ,upon the pronouncement of a death sentence by a tribunal established thereunder and pending confirmation thereof1 the condemned will be remanded to the prison or place where he was confined and there be segregated from the other inmates1 or be transferred to a more appropriate place of confinement4 ,article ,,xx ,upon the confirmation of a sentence of death the ,military ,governor will issue the necessary orders for carrying out the execution4 ,article ,,xxi ,where sentence of confinement for a term of years has been imposed the condemned shall be confined in the manner directed by the tribunal imposing sentence4 ,the place of confinement may be changed from time to time by the ,military ,governor4 ,article ,,xxii ,any property declared to be forfeited or the restitution of which is ordered by a tribunal shall be delivered to the ,military ,governor1 for disposal in accordance with ,control ,council ,law ,no4 #aj1 ,article ,,ii 7#c74 ,article ,,xxiii ,any of the duties and functions of the ,military ,governor provided for herein may be delegated to the ,deputy ,military ,governor4 ,any of the duties and functions of the ,zone ,commander provided for herein may be exercised by and in the name of the ,military ,governor and may be delegated to the ,deputy ,military ,governor4 ,this ,ordinance becomes effective #ah ,october #aidf4 ,,by ,,order ,,of ,,military ,,government4 99 99 99 99 99 ,,military ,,government--,,germany ,,ordinance ,,no4 #aa ,,amending ,,military ,,government ,,ordinance ,,no4 #g ,,of #ah ,,october #aidf1 ,,entitled 8,,organization ,,and ,,powers ,,of ,,certain ,,military ,,tribunals0 ,article ,i ,article ,v of ,ordinance ,no4 #g is amended by adding thereto a new subdivision to be designated 87g701 reading as follows3 87g7 ,the presiding judges1 and1 when established1 the supervisory committee of presiding judges provided in ,article ,,xiii shall assign the cases brought by the ,chief of ,counsel for ,war ,crimes to the various ,military ,tribunals for trial40 ,article ,,ii ,ordinance ,no4 #g is amended by adding thereto a new article following ,article ,v to be designated ,article ,v-,b1 reading as follows3 87a7 ,a joint session of the ,military ,tribunals may be called by any of the presiding judges thereof or upon motion1 addressed to each of the ,tribunals1 of the ,chief of ,counsel for ,war ,crimes or of counsel for any defendant whose interests are affected1 to hear argument upon and to review any interlocutory ruling by any of the ,military ,tribunals on a fundamental or important legal question either substantive or procedural1 which ruling is in conflict with or is inconsistent with a prior ruling of another of the ,military ,tribunals4 87b7 ,a joint session of the ,military ,tribunals may be called in the same manner as provided in subsection 7a7 of this ,article to hear argument upon and to review conflicting or inconsistent final rulings contained in the decisions or judgments of any of the ,military ,tribunals on a fundamental or important legal question1 either substantive or procedural4 ,any motion with respect to such final ruling shall be filed within ten 7#aj7 days following the issuance of decision or judgment4 87c7 ,decisions by joint sessions of the ,military ,tribunals1 unless thereafter altered in another joint session1 shall be binding upon all the ,military ,tribunals4 ,in the case of the review of final rulings by joint sessions1 the judgments reviewed may be confirmed or remanded for action consistent with the joint decision4 87d7 ,the presence of a majority of the members of each ,military ,tribunal then constituted is required to constitute a quorum4 87e7 ,the members of the ,military ,tribunals shall1 before any joint session begins1 agree among themselves upon the selection from their number of a member to preside over the joint session4 87f7 ,decisions shall be by majority vote of the members4 ,if the votes of the members are equally divided1 the vote of the member presiding over the session shall be decisive40 ,article ,,iii ,subdivisions 7g7 and 7h7 of ,article ,,xi of ,ordinance ,no4 #g are deleted2 subdivision 7i7 is re-lettered 87h702 subdivision 7j7 is relettered 87i702 and a new subdivision1 to be designated 87g701 is added1 reading as follows3 87g7 ,the prosecution and defense shall address the court in such order as the ,tribunal may determine40 ,this ,ordinance becomes effective #ag ,february #aidg4 ,,by ,,order ,,of ,,the ,,military ,,government4 ,,officials ,,of ,,the ,,office ,,of ,,the ,,secretary ,,general ,secretaries ,general ,,mr4 ,,charles ,e4 ,,sands ,from #be ,october #aidf to #ag ,november #aidf4 ,,mr4 ,,george ,m4 ,,read ,from #ah ,november #aidf to #ai ,january #aidg4 ,,mr4 ,,charles ,e4 ,,sands ,from #bj ,january #aidg to #ah ,april #aidg4 ,,colonel ,,john ,e4 ,,ray ,from #ai ,april #aidg to #i ,may #aidh4 ,,dr4 ,,howard ,h4 ,,russell ,from #aj ,may #aidh to #a ,december #aidi4 ,deputy and ,executive ,secretaries ,general ,,mr4 ,,charles ,e4 ,,sands ,deputy from #ah ,november #aidf to #aj ,january #aidg4 ,,judge ,,richard ,d4 ,,dixon ,acting ,deputy from #be ,november #aidf to #e ,march #aidg4 ,,mr4 ,,henry ,a4 ,,hendry ,deputy from #f ,march #aidg to #i ,may #aidg4 ,,mr4 ,,homer ,b4 ,,millard ,executive ,secretary ,general from #c ,march #aidg to #e ,october #aidg4 ,,lieutenant ,,colonel ,,herbert ,n4 ,executive ,secretary ,general from #f ,,holsten ,october #aidg to #cj ,april #aidi4 ,assistant ,secretaries ,general ,since many trials were being held simultaneously1 an ,assistant ,secretary ,general was designated by the ,secretary ,general for each case4 ,assistant ,secretaries ,general are listed with the members of each tribunal4 ,marshals of ,military ,tribunals ,,colonel ,,charles ,w4 ,,mays ,from #d ,november #aidf to #e ,september #aidg4 ,,colonel ,,samuel ,l4 ,,metcalfe ,from #g ,september #aidg to #bi ,august #aidh4 ,,captain ,,kenyon ,s4 ,,jenckes ,from #cj ,august #aidh to #cj ,april #aidi4 ,court ,archives ,,mrs4 ,,barbara ,s4 ,,mandellaur ,chief from #ba ,february #aidg to #cj ,april #aidi4 ,defense ,information ,center ,,mr4 ,,lambertus ,,wartena ,defense ,administrator from #c ,march #aidg to #af ,september #aidg4 ,,lieutenant ,,colonel ,,herbert ,n4 ,defense ,administrator from #ag ,,holsten ,september #aidg to #ai ,october #aidg4 ,,major ,,robert ,g4 ,,schaefer ,defense ,administrator from #bj ,october #aidg to #cj ,april #aidi4 8,the ,medical ,case0 ,,military ,,tribunal ,,no4 #a ,,case #a ,,the ,,united ,,states ,,of ,,america --against-- ,,karl ,,brandt1 ,,siegfried ,,handloser1 ,,paul ,,rostock1 ,,oskar ,,schroeder1 ,,karl ,,genzken1 ,,karl ,,gebhardt1 ,,kurt ,,blome1 ,,rudolf ,,brandt1 ,,joachim ,,mrugowsky1 ,,helmut ,,poppendick1 ,,wolfram ,,sievers1 ,,gerhard ,,rose1 ,,siegfried ,,ruff1 ,,hans ,,wolfgang ,,romberg1 ,viktor ,brack1 ,,hermann ,,becker-,,freyseng1 ,,georg ,,august ,,weltz1 ,konrad ,schaefer1 ,,waldemar ,,hoven1 ,,wilhelm ,,beiglboeck1 ,adolf ,pokorny1 ,,herta ,,oberheuser1 and ,,fritz ,,fischer1 ,defendants ,,introduction ,the 8,doctors ,trial0 or 8,medical ,case0--officially designated ,united ,states of ,america vs4 ,karl ,brandt1 et al4 7,case ,no4 #a7--was tried at the ,palace of ,justice in ,nuernberg before ,military ,tribunal ,i4 ,the ,tribunal convened #aci times1 and the duration of the trial is shown by the following schedule3 ,indictment filed #be ,october #aidf ,indictment served #e ,november #aidf ,arraignment #ba ,november #aidf ,prosecution opening statement #i ,december #aidf ,defense opening statement #bi ,january #aidg ,prosecution closing statement #ad ,july #aidg ,defense closing statements #ad-ah ,july #aidg ,judgment #ai ,august #aidg ,sentences #bj ,august #aidg ,affirmation of sentences by ,military #be ,november #aidg ,commander of the ,united ,states ,zone of ,occupation ,order of the ,united ,states ,supreme ,court #af ,february #aidh denying writ of habeas corpus ,the death sentences imposed on ,karl ,brandt1 ,rudolf ,brandt1 ,karl ,gebhardt1 ,joachim ,mrugowsky1 ,viktor ,brack1 ,wolfram ,sievers1 and ,waldemar ,hoven were put into execution on #b ,june #aidh4 ,the ,english transcript of the ,court proceedings runs to #aa1ech mimeographed pages4 ,the prosecution introduced into evidence #egj written exhibits 7some of which contained several documents71 and the defense #ija written exhibits4 ,the ,tribunal heard oral testimony of #cb witnesses called by the prosecution and of #cj witnesses1 excluding the defendants1 called by the defense4 ,each of the #bc defendants testified in his own behalf1 and each was subject to examination on behalf of other defendants4 ,the exhibits offered by both the prosecution and defense contained documents1 photographs1 affidavits1 interrogatories1 letters1 maps1 charts1 and other written evidence4 ,the prosecution introduced #di affidavits2 the defense introduced #ece affidavits4 ,the prosecution called #c defense affiants for cross-examination2 the defense called #ac prosecution affiants for cross-examination4 ,the case-in-chief of the prosecution took #be court days and the case for the #bc defendants took #ajg court days4 ,the ,tribunal was in recess between #ah and #bg ,january #aidg to give the defense additional time to prepare its case4 ,a further recess was taken from #c to #ad ,july #aidg to allow both prosecution and defense time for the preparation of their closing arguments4 ,the members of the ,tribunal and prosecution and defense counsel are listed on the ensuing pages4 ,prosecution counsel were assisted in preparing the case by ,walter ,rapp 7,chief of the ,evidence ,division71 ,fred ,rodell1 ,norbert ,barr1 and ,herbert ,meyer1 interrogators1 and ,henry ,sachs1 ,eleanor ,anspacher1 ,nancy ,fenstermacher1 and ,olga ,lang1 research and documentary analysts4 99 99 99 99 99 ,selection and arrangement of the 8,medical ,case0 material published herein was accomplished principally by ,arnost ,horlik-,hochwald1 working under the general supervision of ,drexel ,a4 ,sprecher1 ,deputy ,chief ,counsel and ,director of ,publications1 ,office ,u4 ,s4 ,chief of ,counsel for ,war ,crimes4 ,catherine ,w4 ,bedford1 ,henry ,buxbaum1 ,emilie ,evand1 ,gertrude ,ferencz1 ,paul ,h4 ,gantt1 ,constance ,gavares1 ,olga ,lang1 ,helga ,lund1 ,gwendoline ,niebergall1 ,johanna ,k4 ,reischer1 ,hans ,sachs1 and ,enid ,m4 ,standring assisted in selecting1 compiling1 editing1 and indexing the numerous papers4 ,john ,h4 ,e4 ,fried1 ,special ,legal ,consultant to the ,tribunals1 reviewed and approved the selection and arrangement of the material as the designated representative of the ,nuernberg ,tribunals4 ,final compilation and editing of the manuscript for printing was administered by the ,war ,crimes ,division1 ,office of the ,judge ,advocate ,general1 under the direct supervision of ,richard ,a4 ,olbeter1 ,chief1 ,special ,projects ,branch1 with ,alma ,soller as editor and ,john ,w4 ,mosenthal as research analyst4 ,,order ,,constituting ,,tribunal ,i ,,office ,,of ,,military ,,government ,,for ,,germany 7,u4 ,s47 ,,apo #gdb ,,general ,,orders ,no4 #fh #bf ,october #aidf ,pursuant to ,military ,government ,ordinance ,no4 #g #a4 ,pursuant to ,military ,government ,ordinance ,no4 #g1 #bd ,october #aidf1 entitled 8,organization and ,powers of ,certain ,military ,tribunals01 there is hereby constituted1 ,military ,tribunal ,i4 #b4 ,the following are designated as members of ,military ,tribunal ,i3 ,,walter ,b4 ,,beals ,presiding ,judge ,,harold ,l4 ,,sebring ,judge ,,johnson ,,tal ,,crawford ,judge ,,victor ,c4 ,,swearingen ,alternate ,judge #c4 ,the ,tribunal shall convene at ,nuernberg1 ,germany1 to hear such cases as may be filed by the ,chief of ,counsel for ,war ,crimes or by his duly designated representative4 #d4 ,this order is effective as of #be ,october #aidf4 ,,by ,,command ,,of ,,lieutenant ,,general ,,clay3 ,c4 ,k4 ,,gailey ,brigadier ,general1 ,,usa ,chief of ,staff ,,official3 ,g4 ,h4 ,,garde ,lieutenant ,colonel1 ,,agd ,adjutant ,general ,,distribution3 8,b0 plus #b-,,nru ,,usfet ,,members ,,of ,,the ,,tribunal ,,judge ,,walter ,b4 ,,beals1 ,presiding ,judge4 ,chief ,justice of the ,supreme ,court of the ,state of ,washington4 ,,judge ,,harold ,l4 ,,sebring1 ,member4 ,associate ,justice of the ,supreme ,court of ,florida4 ,,judge ,,johnson ,t4 ,,crawford1 ,member4 ,formerly ,judge of a ,district ,court of the ,state of ,oklahoma4 ,,judge ,,victor ,c4 ,,swearingen1 ,alternate ,member4 ,formerly ,special ,assistant to the ,attorney ,general of the ,united ,states4 ,,assistant ,,secretaries ,,general ,,mr4 ,,dehull ,n4 ,,travis ,from #ba ,november #aidf to #f ,june #aidg ,,major ,,mills ,c4 ,,hatfield ,from #ag ,june #aidg to #ad ,july #aidg ,,miss ,m4 ,a4 ,,royce ,from #ae ,july #aidg to #bj ,august #aidg ,illustration3 ,,tribunal ,i--,,case ,,one4 ,left to ,right3 ,harold ,l4 ,sebring2 ,walter ,b4 ,beals1 ,presiding2 ,johnson ,tal ,crawford2 ,victor ,c4 ,swearingen1 ,alternate4 ,illustration3 ,general view of courtroom on opening day of trial4 ,upper left3 ,court reporter and translators4 ,left3 ,defendants and defense counsel4 ,at rostrum3 ,brigadier ,general ,telford ,taylor1 ,chief of ,counsel for ,war ,crimes ,right3 ,judges and court clerks of ,tribunal ,i4 ,foreground3 ,members of the prosecution staff with ,mr4 ,james ,mc,haney1 ,chief ,prosecutor1 and ,mr4 ,alexander ,hardy1 ,associate ,prosecutor1 seated at table directly behind ,brigadier ,general ,taylor4 ,illustration3 ,view of the defendants and defense council1 #ith ,december #aidf4 ,the defendants are1 left to right3 7front row7 ,karl ,brandt1 ,siegfried ,handloser1 ,paul ,rostock1 ,oskar ,schroeder1 ,karl ,genzken1 ,karl ,gerbhardt1 ,kurt ,blome1 ,joachim ,mrugowsky1 ,rudolph ,brandt1 ,helmut ,poppendick1 ,wolfram ,sievers2 7back row7 ,gerhard ,rose1 ,siegfried ,ruff1 ,viktor ,brack1 ,hans ,wolfgang ,romberg1 ,hermann ,becker-,freyseng1 ,georg ,august ,weltz1 ,konrad ,schaeffer1 ,waldemar ,haven1 ,wilhelm ,beiglboeck1 ,adolf ,pokorny1 ,herta ,oberheuser1 ,fritz ,fischer4 ,illustration3 ,the defendant ,gerhard ,rose at work in his cell on his defense material4 ,,prosecution ,,counsel ,chief of ,counsel3 ,,brigadier ,,general ,,telford ,,taylor ,chief ,prosecutor3 ,,mr4 ,,james ,m4 ,,mchaney ,associate ,counsel3 ,,mr4 ,,alexander ,g4 ,,hardy ,,mr4 ,,arnost ,,horlik-,,hochwald ,assistant ,counsel3 ,,mr4 ,,glen ,j4 ,,brown ,,miss ,,esther ,j4 ,,johnson ,,mr4 ,,jack ,w4 ,,robbins ,,mr4 ,,daniel ,j4 ,,shiller ,,defense ,,counsel ,defendants ,defense ,counsel ,associate ,defense ,counsel ,,brandt1 ,,karl ,,dr4 ,,robert ,,servatius ,,dr4 ,,rudolf ,,schmidt ,,handloser1 ,,siegfried ,,dr4 ,,otto ,,nelte ,,rostock1 ,,paul ,,dr4 ,,hans ,,pribilla ,,schroeder1 ,,oskar ,,dr4 ,,hanns ,,marx ,,dr4 ,,walter ,,dehner ,,genzken1 ,,karl ,,dr4 ,,rudolf ,,merkel ,,dr4 ,,alfred ,,brenner ,,gehardt1 ,,karl ,,dr4 ,,alfred ,,seidl ,,dr4 ,,georg ,,gierl ,,blome1 ,,kurt ,,dr4 ,,fritz ,,sauter ,,brandt1 ,,rudolf ,,dr4 ,,kurt ,,kauffmann ,,mrugowsky1 ,,joachim ,,dr4 ,,fritz ,,flemming ,,poppendick1 ,,helmut ,,dr4 ,,georg ,,boehm ,,dr4 ,,helmut ,,duerr ,,sievers1 ,,wolfram ,,dr4 ,,josef ,,weisgerber ,,dr4 ,,erich ,,bergler ,,rose1 ,,gerhard ,,dr4 ,,hans ,,fritz ,,ruff1 ,,siegfried ,,dr4 ,,fritz ,,sauter ,,romberg1 ,,hans ,,wolfgang ,,dr4 ,,bernd ,,vorwerk ,,brack1 ,,viktor ,,dr4 ,,georg ,,froeschmann ,,becker-,,freyseng1 ,,hermann ,,dr4 ,,hanns ,,marx ,,dr4 ,,walter ,,dehner ,,weltz1 ,,georg ,,august ,,dr4 ,,siegfried ,,wille ,,schaefer1 ,,konrad ,,dr4 ,,horst ,,pelckmann ,,hoven1 ,,waldemar ,,dr4 ,,hans ,,gawlik ,,dr4 ,,gerhard ,,klinnert ,,beiglboeck1 ,,wilhelm ,,dr4 ,,gustav ,,steinbauer ,,pokorny1 ,,adolf ,,dr4 ,,karl ,,hoffmann ,,dr4 ,,hans-,,gunther ,,seraphim ,,oberheuser1 ,,herta ,,dr4 ,,alfred ,,seidl ,,dr4 ,,georg ,,gierl ,,fischer1 ,,fritz ,,dr4 ,,alfred ,,seidl ,,dr4 ,,georg ,,gierl ,i4 ,,indictment ,the ,united ,states of ,america1 by the undersigned ,telford ,taylor1 ,chief of ,counsel for ,war ,crimes1 duly appointed to represent said ,government in the prosecution of war criminals1 charges that the defendants herein participated in a common design or conspiracy to commit and did commit war crimes and crimes against humanity1 as defined in ,control ,council ,law ,no4 #aj1 duly enacted by the ,allied ,control ,council on #bj ,december #aide4 ,these crimes included murders1 brutalities1 cruelties1 tortures1 atrocities1 and other inhumane acts1 as set forth in counts one1 two1 and three of this indictment4 ,certain defendants are further charged with membership in a criminal organization1 as set forth in count four of this indictment4 ,the persons accused as guilty of these crimes and accordingly named as defendants in this case are-- ,,karl ,,brandt--,personal physician to ,adolf ,hitler2 ,gruppenfuehrer in the ,,ss and ,generalleutnant 7,major ,general7 in the ,waffen ,,ss2 ,reich ,commissioner for ,health and ,sanitation 7,reichskommissar fuer ,sanitaets- und ,gesundheitswesen72 and member of the ,reich ,research ,council 7,reichsforschungsrat74 ,,siegfried ,,handloser--,generaloberstabsarzt 7,lieutenant ,general1 ,medical ,service72 ,medical ,inspector of the ,army 7,heeressanitaetsinspekteur72 and ,chief of the ,medical ,services of the ,armed ,forces 7,chef des ,wehrmachtsanitaetswesens74 ,,paul ,,rostock--,chief ,surgeon of the ,surgical ,clinic in ,berlin2 ,surgical ,adviser to the ,army2 and ,chief of the ,office for ,medical ,science and ,research 7,amtschef der ,dienststelle ,medizinische ,wissenschaft und ,forschung7 under the defendant ,karl ,brandt1 ,reich ,commissioner for ,health and ,sanitation4 ,,oskar ,,schroeder--,generaloberstabsarzt 7,lieutenant ,general ,medical ,service72 ,chief of ,staff of the ,inspectorate of the ,medical ,service of the ,luftwaffe 7,chef des ,stabes1 ,inspekteur des ,luftwaffe-,sanitaetswesens72 and ,chief of the ,medical ,service of the ,luftwaffe 7,chef des ,sanitaetswesens der ,luftwaffe74 ,,karl ,,genzken--,gruppenfuehrer in the ,,ss and ,generalleutnant 7,major ,general7 in the ,waffen ,,ss2 and ,chief of the ,medical ,department of the ,waffen ,,ss 7,chef des ,sanitaetsamts der ,waffen ,,ss74 ,,karl ,,gerhardt--,gruppenfuehrer in the ,,ss and ,generalleutnant 7,major ,general7 in the ,waffen ,,ss2 personal physician to ,reichsfuehrer ,,ss ,himmler2 ,chief ,surgeon of the ,staff of the ,reich ,physician ,,ss and ,police 7,oberster ,kliniker1 ,reichsarzt ,,ss und ,polizei72 and ,president of the ,german ,red ,cross4 ,,kurt ,,blome--,deputy of the ,reich ,health ,leader 7,reichsgesundheitsfuehrer72 and ,plenipotentiary for ,cancer ,research in the ,reich ,research ,council4 ,,rudolf ,,brandt--,standartenfuehrer 7,colonel72 in the ,allgemeine ,,ss2 ,personal ,administrative ,officer to ,reichsfuehrer ,,ss ,himmler 7,persoenlicher ,referent von ,himmler72 and ,ministerial ,counsellor and ,chief of the ,ministerial ,office in the ,reich ,ministry of the ,interior4 ,,joachim ,,mrugowsky--,oberfuehrer 7,senior ,colonel7 in the ,waffen ,,ss2 ,chief ,hygienist of the ,reich ,physician ,,ss and ,police 7,oberster ,hygieniker1 ,reichsarzt ,,ss und ,polizei72 and ,chief of the ,hygienic ,institute of the ,waffen ,,ss 7,chef des ,hygienischen ,institutes der ,waffen ,,ss74 ,,helmut ,,poppendick--,oberfuehrer 7,senior ,colonel7 in the ,,ss2 and ,chief of the ,personal ,staff of the ,reich ,physician ,,ss and ,police 7,chef des ,persoenlichen ,stabes des ,reichsarztes ,,ss und ,polizei74 ,,wolfram ,,sievers--,standartenfuehrer 7,colonel7 in the ,,ss2 ,reich ,manager of the 8,ahnenerbe0 ,society and ,director of its ,institute for ,military ,scientific ,research 7,institut fuer ,wehrwissenschaftliche ,zweckforschung72 and ,deputy ,chairman of the ,managing ,board of ,directors of the ,reich ,research ,council4 ,,gerhard ,,rose--,generalarzt of the ,luftwaffe 7,brigadier ,general1 ,medical ,service of the ,air ,force72 ,vice ,president1 ,chief of the ,department for ,tropical ,medicine1 and ,professor of the ,robert ,koch ,institute2 and ,hygienic ,adviser for ,tropical ,medicine to the ,chief of the ,medical ,service of the ,luftwaffe4 ,,siegfried ,,ruff--,director of the ,department for ,aviation ,medicine at the ,german ,experimental ,institute for ,aviation 7,deutsche ,versuchsanstalt fuer ,luftfahrt74 ,,hans ,,wolfgang ,,romberg--,doctor on the ,staff of the ,department for ,aviation ,medicine at the ,german ,experimental ,institute for ,aviation4 ,,viktor ,,brack--,oberfuehrer 7,senior ,colonel7 in the ,,ss and ,sturmbannfuehrer 7,major7 in the ,waffen ,,ss2 and ,chief ,administrative ,officer in the ,chancellery of the ,fuehrer of the ,,nsdap 7,oberdienstleiter1 ,kanzlei des ,fuehrers der ,,nsdap74 ,,hermann ,,becker-,,freyseng--,stabsarzt in the ,luftwaffe 7,captain1 ,medical ,service of the ,air ,force72 and ,chief of the ,department for ,aviation ,medicine of the ,chief of the ,medical ,service of the ,luftwaffe4 ,,georg ,,august ,,weltz--,oberfeldarzt in the ,luftwaffe 7,lieutenant ,colonel1 ,medical ,service of the ,air ,force72 and ,chief of the ,institute for ,aviation ,medicine in ,munich 7,institut fuer ,luftfahrtmedizin74 ,,konrad ,,schaefer--,doctor on the ,staff of the ,institute for ,aviation ,medicine in ,berlin4 ,,waldemar ,,hoven--,hauptsturmfuehrer 7,captain7 in the ,waffen ,,ss2 and ,chief ,doctor of the ,buchenwald ,concentration ,camp4 ,,wilhelm ,,beiglboeck--,consulting ,physician to the ,luftwaffe4 ,,adolf ,,pokorny--,physician1 ,specialist in ,skin and ,venereal ,diseases4 ,,herta ,,oberheuser--,physician at the ,ravensbrueck ,concentration ,camp2 and ,assistant ,physician to the defendant ,gebhardt at the ,hospital at ,hohenlychen4 ,,fritz ,,fischer--,sturmbannfuehrer 7,major7 in the ,waffen ,,ss2 and ,assistant ,physician to the defendant ,gebhardt at the ,hospital at ,hohenlychen4 ,,count ,,one--,,the ,,common ,,design ,,or ,,conspiracy #a4 ,between ,september #aici and ,april #aide all of the defendants herein1 acting pursuant to a common design1 unlawfully1 willfully1 and knowingly did conspire and agree together and with each other and with divers other persons1 to commit war crimes and crimes against humanity1 as defined in ,control ,council ,law ,no4 #aj1 ,article ,,ii4 #b4 ,throughout the period covered by this indictment all of the defendants herein1 acting in concert with each other and with others1 unlawfully1 willfully1 and knowingly were principals in1 accessories to1 ordered1 abetted1 took a consenting part in1 and were connected with plans and enterprises involving the commission of war crimes and crimes against humanity4 #c4 ,all of the defendants herein1 acting in concert with others for whose acts the defendants are responsible1 unlawfully1 willfully1 and knowingly participated as leaders1 organizers1 investigators1 and accomplices in the formulation and execution of the said common design1 conspiracy1 plans1 and enterprises to commit1 and which involved the commission of1 war crimes and crimes against humanity4 #d4 ,it was a part of the said common design1 conspiracy1 plans1 and enterprises to perform medical experiments upon concentration camp inmates and other living human subjects1 without their consent1 in the course of which experiments the defendants committed the murders1 brutalities1 cruelties1 tortures1 atrocities1 and other inhuman acts1 more fully described in counts two and three of this indictment4 #e4 ,the said common design1 conspiracy1 plans1 and enterprises embraced the commission of war crimes and crimes against humanity1 as set forth in counts two and three of this indictment1 in that the defendants unlawfully1 willfully1 and knowingly encouraged1 aided1 abetted1 and participated in the subjection of thousands of persons1 including civilians1 and members of the armed forces of nations then at war with the ,german ,reich1 to murders1 brutalities1 cruelties1 tortures1 atrocities1 and other inhuman acts4 ,,count ,,two--,,war ,,crimes #f4 ,between ,september #aici and ,april #aide all of the defendants herein unlawfully1 willfully1 and knowingly committed war crimes1 as defined by ,article ,,ii of ,control ,council ,law ,no4 #aj1 in that they were principals in1 accessories to1 ordered1 abetted1 took a consenting part in1 and were connected with plans and enterprises involving medical experiments without the subjects' consent1 upon civilians and members of the armed forces of nations then at war with the ,german ,reich and who were in the custody of the ,german ,reich in exercise of belligerent control1 in the course of which experiments the defendants committed murders1 brutalities1 cruelties1 tortures1 atrocities1 and other inhuman acts4 ,such experiments included1 but were not limited to1 the following3 7,a7 ,high-,altitude ,experiments4 ,from about ,march #aidb to about ,august #aidb experiments were conducted at the ,dachau concentration camp1 for the benefit of the ,german ,air ,force1 to investigate the limits of human endurance and existence at extremely high altitudes4 ,the experiments were carried out in a low-pressure chamber in which the atmospheric conditions and pressures prevailing at high altitude 7up to #fh1jjj feet7 could be duplicated4 ,the experimental subjects were placed in the low-pressure chamber and thereafter the simulated altitude therein was raised4 ,many victims died as a result of these experiments and others suffered grave injury1 torture1 and ill-treatment4 ,the defendants ,karl ,brandt1 ,handloser1 ,schroeder1 ,gebhardt1 ,rudolf ,brandt1 ,mrugowsky1 ,poppendick1 ,sievers1 ,ruff1 ,romberg1 ,becker-,freyseng1 and ,weltz are charged with special responsibility for and participation in these crimes4 7,b7 ,freezing ,experiments4 ,from about ,august #aidb to about ,may #aidc experiments were conducted at the ,dachau concentration camp1 primarily for the benefit of the ,german ,air ,force1 to investigate the most effective means of treating persons who had been severely chilled or frozen4 ,in one series of experiments the subjects were forced to remain in a tank of ice water for periods up to #c hours4 ,extreme rigor developed in a short time4 ,numerous victims died in the course of these experiments4 ,after the survivors were severely chilled1 rewarming was attempted by various means4 ,in another series of experiments1 the subjects were kept naked outdoors for many hours at temperatures below freezing4 ,the victims screamed with pain as parts of their bodies froze4 ,the defendants ,karl ,brand1 ,handloser1 ,schroeder1 ,gebhardt1 ,rudolf ,brandt1 ,mrugowsky1 ,poppendick1 ,sievers1 ,becker-,freyseng1 and ,weltz are charged with special responsibility for and participation in these crimes4 7,c7 ,malaria ,experiments4 ,from about ,february #aidb to about ,april #aide experiments were conducted at the ,dachau concentration camp in order to investigate immunization for and treatment of malaria4 ,healthy concentration-camp inmates were infected by mosquitoes or by injections of extracts of the mucous glands of mosquitoes4 ,after having contracted malaria the subjects were treated with various drugs to test their relative efficacy4 ,over #a1jjj involuntary subjects were used in these experiments4 ,many of the victims died and others suffered severe pain and permanent disability4 ,the defendants ,karl ,brandt1 ,handloser1 ,rostock1 ,gebhardt1 ,blome1 ,rudolf ,brandt1 ,mrugowsky1 ,poppendick1 and ,sievers are charged with special responsibility for and participation in these crimes4 7,d7 ,lost 7,mustard7 ,gas ,experiments4 ,at various times between ,september #aici and ,april #aide experiments were conducted at ,sachsenhausen1 ,natzweiler1 and other concentration camps for the benefit of the ,german ,armed ,forces to investigate the most effective treatment of wounds caused by ,lost gas4 ,lost is a poison gas which is commonly known as mustard gas4 ,wounds deliberately inflicted on the subjects were infected with ,lost4 ,some of the subjects died as a result of these experiments and others suffered intense pain and injury4 ,the defendants ,karl ,brandt1 ,handloser1 ,blome1 ,rostock1 ,gebhardt1 ,rudolf ,brandt1 and ,sievers are charged with special responsibility for and participation in these crimes4 7,e7 ,sulfanilamide ,experiments4 ,from about ,july #aidb to about ,september #aidc experiments to investigate the effectiveness of sulfanilamide were conducted at the ,ravensbrueck concentration camp for the benefit of the ,german ,armed ,forces4 ,wounds deliberately inflicted on the experimental subjects were infected with bacteria such as streptococcus1 gas gangrene1 and tetanus4 ,circulation of blood was interrupted by tying off blood vessels at both ends of the wound to create a condition similar to that of a battlefield wound4 ,infection was aggravated by forcing wood shavings and ground glass into the wounds4 ,the infection was treated with sulfanilamide and other drugs to determine their effectiveness4 ,some subjects died as a result of these experiments and others suffered serious injury and intense agony4 ,the defendants ,karl ,brandt1 ,handloser1 ,rostock1 ,schroeder1 ,genzken1 ,gebhardt1 ,blome1 ,rudolf ,brandt1 ,mrugowsky1 ,poppendick1 ,becker-,freyseng1 ,oberheuser1 and ,fischer are charged with special responsibility for and participation in these crimes4 7,f7 ,bone1 ,muscle1 and ,nerve ,regeneration and ,bone ,transplantation ,experiments4 ,from about ,september #aidb to about ,december #aidc experiments were conducted at the ,ravensbrueck concentration camp1 for the benefit of the ,german ,armed ,forces1 to study bone1 muscle1 and nerve regeneration1 and bone transplantation from one person to another4 ,sections of bones1 muscles1 and nerves were removed from the subjects4 ,as a result of these operations1 many victims suffered intense agony1 mutilation1 and permanent disability4 ,the defendants ,karl ,brandt1 ,handloser1 ,rostock1 ,gebhardt1 ,rudolf ,brandt1 ,oberheuser1 and ,fischer are charged with special responsibility for and participation in these crimes4 7,g7 ,sea-water ,experiments4 ,from about ,july #aidd to about ,september #aidd experiments were conducted at the ,dachau concentration camp1 for the benefit of the ,german ,air ,force and ,navy1 to study various methods of making sea-water drinkable4 ,the subjects were deprived of all food and given only chemically processed sea-water4 ,such experiments caused great pain and suffering and resulted in serious bodily injury to the victims4 ,the defendants ,karl ,brandt1 ,handloser1 ,rostock1 ,schroeder1 ,gebhardt1 ,rudolf ,brandt1 ,mrugowsky1 ,poppendick1 ,sievers1 ,becker-,freyseng1 ,schaefer1 and ,beiglboeck are charged with special responsibility for and participation in these crimes4 7,h7 ,epidemic ,jaundice ,experiments4 ,from about ,june #aidc to about ,january #aide experiments were conducted at the ,sachsenhausen and ,natzweiler concentration camps1 for the benefit of the ,german ,armed ,forces1 to investigate the causes of1 and inoculations against1 epidemic jaundice4 ,experimental subjects were deliberately infected with epidemic jaundice1 some of whom died as a result1 and others were caused great pain and suffering4 ,the defendants ,karl ,brandt1 ,handloser1 ,rostock1 ,schroeder1 ,gebhardt1 ,rudolf ,brandt1 ,mrugowsky1 ,poppendick1 ,sievers1 ,rose1 and ,becker-,freyseng are charged with special responsibility for and participation in these crimes4 7,i7 ,sterilization ,experiments4 ,from about ,march #aida to about ,january #aide sterilization experiments were conducted at the ,auschwitz and ,ravensbrueck concentration camps1 and other places4 ,the purpose of these experiments was to develop a method of sterilization which would be suitable for sterilizing millions of people with a minimum of time and effort4 ,these experiments were conducted by means of ,x-ray1 surgery1 and various drugs4 ,thousands of victims were sterilized and thereby suffered great mental and physical anguish4 ,the defendants ,karl ,brandt1 ,gebhardt1 ,rudolf ,brandt1 ,mrugowsky1 ,poppendick1 ,brack1 ,pokorny1 and ,oberheuser are charged with special responsibility for and participation in these crimes4 7,j7 ,spotted ,fever 7,fleckfieber7#b ,experiments4 ,from about ,december #aida to about ,february #aide experiments were conducted at the ,buchenwald and ,natzweiler concentration camps1 for the benefit of the ,german ,armed ,forces1 to investigate the effectiveness of spotted fever and other vaccines4 ,at ,buchenwald numerous healthy inmates were deliberately infected with spotted fever virus in order to keep the virus alive2 over #ij percent of the victims died as a result4 ,other healthy inmates were used to determine the effectiveness of different spotted fever vaccines and of various chemical substances4 ,in the course of these experiments #ge percent of the selected number of inmates were vaccinated with one of the vaccines or nourished with one of the chemical substances and1 after a period of #c to #d weeks1 were infected with spotted fever germs4 ,the remaining #be percent were infected without any previous protection in order to compare the effectiveness of the vaccines and the chemical substances4 ,as a result1 hundreds of the persons experimented upon died4 ,experiments with yellow fever1 smallpox1 typhus1 paratyphus#c ,a and ,b1 cholera1 and diphtheria were also conducted4 ,similar experiments with like results were conducted at ,natzweiler concentration camp4 ,the defendants ,karl ,brandt1 ,handloser1 ,rostock1 ,schroeder1 ,genzken1 ,gebhardt1 ,rudolf ,brandt1 ,mrugowsky1 ,poppendick1 ,sievers1 ,rose1 ,becker-,freyseng1 and ,hoven are charged with special responsibility for and participation in these crimes4 7,k7 ,experiments with ,poison4 ,in or about ,december #aidc1 and in or about ,october #aidd1 experiments were conducted at the ,buchenwald concentration camp to investigate the effect of various poisons upon human beings4 ,the poisons were secretly administered to experimental subjects in their food4 ,the victims died as a result of the poison or were killed immediately in order to permit autopsies4 ,in or about ,september #aidd experimental subjects were shot with poison bullets and suffered torture and death4 ,the defendants ,genzken1 ,gebhardt1 ,mrugowsky1 and ,poppendick are charged with special responsibility for and participation in these crimes4 7,l7 ,incendiary ,bomb ,experiments4 ,from about ,november #aidc to about ,january #aidd experiments were conducted at the ,buchenwald concentration camp to test the effect of various pharmaceutical preparations on phosphorous burns4 ,these burns were inflicted on experimental subjects with phosphorous matter taken from incendiary bombs1 and caused severe pain1 suffering1 and serious bodily injury4 ,the defendants ,genzken1 ,gebhardt1 ,mrugowsky1 and ,poppendick are charged with special responsibility for and participation in these crimes4 #g4 ,between ,june #aidc and ,september #aidd the defendants ,rudolf ,brandt and ,sievers unlawfully1 willfully1 and knowingly committed war crimes1 as defined by ,article ,,ii of ,control ,council ,law ,no4 #aj1 in that they were principals in1 accessories to1 ordered1 abetted1 took a consenting part in1 and were connected with plans and enterprises involving the murder of civilians and members of the armed forces of nations then at war with the ,german ,reich and who were in the custody of the ,german ,reich in exercise of belligerent control4 ,one hundred twelve ,jews were selected for the purpose of completing a skeleton collection for the ,reich ,university of ,strasbourg4 ,their photographs and anthropological measurements were taken4 ,then they were killed4 ,thereafter1 comparison tests1 anatomical research1 studies regarding race1 pathological features of the body1 form and size of the brain1 and other tests1 were made4 ,the bodies were sent to ,strasbourg and defleshed4 #h4 ,between ,may #aidb and ,january #aiddd the defendants ,blome and ,rudolf ,brandt unlawfully1 willfully1 and knowingly committed war crimes1 as defined by ,article ,,ii of ,control ,council ,law ,no4 #aj1 in that they were principals in1 accessories to1 ordered1 abetted1 took a consenting part in1 and were connected with plans and enterprises involving the murder and mistreatment of tens of thousands of ,polish nationals who were civilians and members of the armed forces of a nation then at war with the ,german ,reich and who were in the custody of the ,german ,reich in exercise of belligerent control4 ,these people were alleged to be infected with incurable tuberculosis4 ,on the ground of insuring the health and welfare of ,germans in ,poland1 many tubercular ,poles were ruthlessly exterminated while others were isolated in death camps with inadequate medical facilities4 #i4 ,between ,september #aici and ,april #aide the defendants ,karl ,brandt1 ,blome1 ,brack1 and ,hoven unlawfully1 willfully1 and knowingly committed war crimes1 as defined by ,article ,,ii of ,control ,council ,law ,no4 #aj1 in that they were principals in1 accessories to1 ordered1 abetted1 took a consenting part in1 and were connected with plans and enterprises involving the execution of the so-called 8euthanasia0 program of the ,german ,reich in the course of which the defendants herein murdered hundreds of thousands of human beings1 including nationals of ,german-occupied countries4 ,this program involved the systematic and secret execution of the aged1 insane1 incurably ill1 of deformed children1 and other persons1 by gas1 lethal injections1 and diverse other means in nursing homes1 hospitals1 and asylums4 ,such persons were regarded as 8useless eaters0 and a burden to the ,german war machine4 ,the relatives of these victims were informed that they died from natural causes1 such as heart failure4 ,german doctors involved in the 8euthanasia0 program were also sent to ,eastern occupied countries to assist in the mass extermination of ,jews4 #aj4 ,the said war crimes constitute violations of international conventions1 particularly of ,articles #d1 #e1 #f1 #g1 and #df of the ,hague ,regulations1 #aijg1 and of ,articles #b1 #c1 and #d of the ,prisoner-of-,war ,convention 7,geneva1 #aibi71 the laws and customs of war1 the general principles of criminal law as derived from the criminal laws of all civilized nations1 the internal penal laws of the countries in which such crimes were committed1 and of ,article ,,ii of ,control ,council ,law ,no4 #aj4 ,,count ,,three--,,crimes ,,against ,,humanity #aa4 ,between ,september #aici and ,april #aide all of the defendants herein unlawfully1 willfully1 and knowingly committed crimes against humanity1 as defined by ,article ,,ii of ,control ,council ,law ,no4 #aj1 in that they were principals in1 accessories to1 ordered1 abetted1 took a consenting part in1 and were connected with plans and enterprises involving medical experiments1 without the subjects' consent1 upon ,german civilians and nationals of other countries1 in the course of which experiments the defendants committed murders1 brutalities1 cruelties1 tortures1 atrocities1 and other inhuman acts4 ,the particulars concerning such experiments are set forth in paragraph #f of count two of this indictment and are incorporated herein by reference4 #ab4 ,between ,june #aidc and ,september #aidd the defendants ,rudolf ,brandt and ,sievers unlawfully1 willfully1 and knowingly committed crimes against humanity1 as defined by ,article ,,ii of ,control ,council ,law ,no4 #aj1 in that they were principals in1 accessories to1 ordered1 abetted1 took a consenting part in1 and were connected with plans and enterprises involving the murder of ,german civilians and nationals of other countries4 ,the particulars concerning such murders are set forth in paragraph #g of count two of this indictment and are incorporated herein by reference4 #ac4 ,between ,may #aidb and ,january #aidde the defendants ,blome and ,rudolf ,brandt unlawfully1 willfully1 and knowingly committed crimes against humanity1 as defined by ,article ,,ii of ,control ,council ,law ,no4 #aj1 in that they were principals in1 accessories to1 ordered1 abetted1 took a consenting part in1 and were connected with plans and enterprises involving the murder and mistreatment of tens of thousands of ,polish nationals4 ,the particulars concerning such murder and inhuman treatment are set forth in paragraph #h of count two of this indictment and are incorporated herein by reference4 #ad4 ,between ,september #aici and ,april #aide the defendants ,karl ,brandt1 ,blome1 ,brack1 and ,hoven unlawfully1 willfully1 and knowingly committed crimes against humanity1 as defined by ,article ,,ii of ,control ,council ,law ,no4 #aj1 in that they were principals in1 accessories to1 ordered1 abetted1 took a consenting part in1 and were connected with plans and enterprises involving the execution of the so-called 8euthanasia0 program of the ,german ,reich1 in the course of which the defendants herein murdered hundreds of thousands of human beings1 including ,german civilians1 as well as civilians of other nations4 ,the particulars concerning such murders are set forth in paragraph #i of count two of this indictment and are incorporated herein by reference4 #ae4 ,the said crimes against humanity constitute violations of international conventions1 including ,article #df of the ,hague ,regulations1 #aijg1 the laws and customs of war1 the general principles of criminal law as derived from the criminal laws of all civilized nations1 the internal penal laws of the countries in which such crimes were committed1 and of ,article ,,ii of ,control ,council ,law ,no4 #aj4 ,,count ,,four--,,membership ,,in ,,criminal ,,organization #af4 ,the defendants ,karl ,brandt1 ,genzken1 ,gebhardt1 ,rudolf ,brandt1 ,mrugowsky1 ,poppendick1 ,sievers1 ,brack1 ,hoven1 and ,fischer are guilty of membership in an organization declared to be criminal by the ,international ,military ,tribunal in ,case ,no4 #a1 in that each of the said defendants was a member of the ,,schutzstaffeln ,,der ,,nationalsozialistischen ,,deutschen ,,arbeiterpartei 7commonly known as the 8,,ss07 after #a ,september #aici4 ,such membership is in violation of paragraph ,i 7d71 ,article ,,ii of ,control ,council ,law ,no4 #aj4 ,wherefore1 this indictment is filed with the ,secretary ,general of the ,military ,tribunals and the charges herein made against the above-named defendants are hereby presented to ,,military ,,tribunal ,,no4 ,i4 ,,telford ,,taylor ,brigadier ,general1 ,,usa ,chief of ,counsel for ,war ,crimes ,acting on ,behalf of the ,united ,states of ,america ,nuernberg1 #be ,october #aidf ----- #b ,it was definitely ascertained in the course of the proceedings1 by both prosecution and defense1 that the correct translation of 8,fleckfieber0 is typhus4 ,a finding to this effect is contained in the judgment4 ,a similar initial inadequate translation occurred in the case of 8typhus0 and 8paratyphus0 which should be rendered as typhoid and paratyphoid4 #c ,ibid4 #d ,indictment originally read 8,january #aidc0 but was amended by a motion filed with the ,secretary ,general4 ,see ,arraignment1 p4 #ah4 #e ,ibid4 ,,ii4 ,,arraignment ,extract from the official ,transcript of ,military ,tribunal ,i in the matter of the ,united ,states of ,america vs4 ,karl ,brandt et al41 defendants1 sitting at ,nuernberg1 ,germany1 on #ba ,november #aidf1 ,judge ,beals presiding4 ,,presiding ,,judge ,,beals3 ,we will now proceed to arraign the defendants on the cause now pending before this ,tribunal4 ,as the names of the defendants are called each defendant will stand1 and will remain standing until told to be seated4 ,mr4 ,secretary ,general of the ,tribunal will call the roll of the defendants4 ,,the ,,secretary ,,general3 ,karl ,brandt1 ,siegfried ,handloser1 ,paul ,rostock1 ,oskar ,schroeder1 ,karl ,genzken1 ,karl ,gebhardt1 ,kurt ,blome1 ,rudolf ,brandt1 ,joachim ,mrugowsky1 ,helmut ,poppendick1 ,wolfram ,sievers1 ,gerhard ,rose1 ,siegfried ,ruff1 ,hans ,wolfgang ,romberg1 ,viktor ,brack1 ,hermann ,becker-,freyseng1 ,georg ,august ,weltz1 ,konrad ,schaefer1 ,waldemar ,hoven1 ,wilhelm ,beiglboeck1 ,adolf ,pokorny1 ,herta ,oberheuser1 ,fritz ,fischer4 7,as their names are called1 the defendants rise47 ,if the ,honorable ,tribunal please1 all of the defendants are in the dock4 ,,presiding ,,judge ,,beals3 ,the defendants will be seated4 ,the counsel for the prosecution will now proceed with the arraignment of the defendants4 ,here ,brigadier ,general ,taylor read the indictment in full4 ,see pp4 #h-ag4 ,,presiding ,,judge ,,beals3 ,i shall now call upon the defendants to plead guilty or not guilty to the charges against them4 ,each defendant1 as his name is called1 will stand and speak into the microphone4 ,at this time there will be no arguments1 speeches1 or discussion of any kind4 ,each defendant will simply plead either guilty or not guilty to the offenses with which he is charged by the indictment4 ,karl ,brandt4 ,,dr4 ,,pelckmann3 ,mr4 ,chairman1 before the defendant pleads guilty or not guilty1 may ,i say a word8 ,i am defense counsel for the defendant ,schaefer1 number #ah4 ,,presiding ,,judge ,,beals3 ,for which defendant8 ,,dr4 ,,pelckmann3 ,schaefer1 number #ah4 ,,presiding ,,judge ,,beals3 ,we are now receiving the plea of the defendant ,karl ,brandt4 ,you do not represent him as counsel1 do you8 ,,dr4 ,,pelckmann3 ,no4 ,,presiding ,,judge ,,beals3 ,then ,i see no reason for counsel for another defendant making any remarks at this time4 ,,dr4 ,,pelckmann3 ,may ,i speak before the defendant ,schaefer speaks8 ,a formal objection4 ,,presiding ,,judge ,,beals3 ,when the name of the defendant ,schaefer is called1 you may address the ,court4 ,karl ,brandt1 are you represented by counsel in this proceeding8 ,,defendant ,,karl ,,brandt3 ,yes4 ,,presiding ,,judge ,,beals3 ,how do you plead to the charges and specifications and each thereof set forth in the indictment against you1 guilty or not guilty8 ,,defendant ,,handloser3 ,yes4 ,,presiding ,,judge ,,beals3 ,be seated4 ,siegfried ,handloser1 are you represented by counsel in this cause8 ,,defendant ,,handloser3 ,no1 ,i have no counsel yet4 ,,presiding ,,judge ,,beals3 ,do you desire that the ,tribunal appoint counsel for you8 ,,defendant ,,handloser3 ,i hope that today or tomorrow ,i may receive an affirmative answer from a defense counsel4 ,,presiding ,,judge ,,beals3 ,are you at this time ready to plead to the indictment1 guilty or not guilty8 ,,defendant ,,handloser3 ,yes4 ,,presiding ,,judge ,,beals3 ,how do you plead to the charges and specifications and each thereof set forth in the indictment against you1 guilty or not guilty8 ,,defendant ,,handloser3 ,not guilty4 ,,presiding ,,judge ,,beals3 ,be seated4 ,at this point the defendants ,paul ,rostock1 ,oskar ,schroeder1 ,karl ,genzken1 ,karl ,gebhardt1 ,kurt ,blome1 ,rudolf ,brandt1 ,joachim ,mrugowsky1 ,helmut ,poppendick1 ,wolfram ,sievers1 ,gerhard ,rose1 ,siegfried ,ruff1 ,hans ,wolfgang ,romberg1 ,viktor ,brack1 ,hermann ,becker-,freyseng and ,georg ,august ,weltz were arraigned4 ,all were represented by counsel4 ,all pleaded not guilty to the indictment4 ,,dr4 ,,pelckmann3 ,your ,honor1 may ,i speak8 ,,presiding ,,judge ,,beals3 ,what is the purpose of the remarks you desire to make8 ,,dr4 ,,pelckmann3 ,i should like to object to the indictment4 ,i should like to say that in my opinion1 as far as ,schaefer is concerned1 the indictment does not conform to ,ordinance ,no4 #g4 ,i can explain that4 ,,presiding ,,judge ,,beals3 ,how much time do you desire to present your argument8 ,,dr4 ,,pelckmann3 ,three minutes4 ,,presiding ,,judge ,,beals3 ,you may proceed4 ,first1 have you filed in the proceeding any written notice of the objection to the indictment and served it upon the prosecutor8 ,,dr4 ,,pelckmann3 ,i have not had the indictment long enough4 ,i have just had the written material for #b days4 ,what ,i have to say ,i could submit in writing later4 ,because of the brief time1 ,i ask to be allowed to make a brief statement now4 ,,presiding ,,judge ,,beals3 ,you may make a brief statement and submit argument in support of your objection within #e days4 ,,dr4 ,,pelckmann3 ,very well4 ,may ,i now say something8 ,,presiding ,,judge ,,beals3 ,you may proceed for #c minutes4 ,,dr4 ,,pelckmann3 ,ordinance ,no4 #g1 in ,article ,,iv 7a71 prescribes the following according to the ,english text3 8,the indictment shall state the charges plainly1 concisely and with sufficient particulars to inform defendant of the offenses charged40 ,schaefer is charged only on one count1 count two 7,g74 ,experiments with sea-water in ,dachau are charged against #ab defendants4 ,in two sentences the indictment goes on to say that the #ab persons who are then named are charged with special responsibility for these crimes and participation in them4 ,i am of the opinion that this does not contain sufficient particulars4 8,responsibility0 and 8participation0 are legal concepts4 ,there is no evidence of 8sufficient particulars10 which implies details4 ,the indictment1 in my opinion1 must give facts to indicate how and why each one of these #ab defendants who1 ostensibly1 participated in these experiments1 is responsible and participated4 ,my client cannot tell what the nature of his participation is supposed to have been4 ,the indictment says1 in count one1 number #b1 that all defendants were principals in1 accessories to1 ordered1 abetted1 took a consenting part in1 and were connected with plans and enterprises involving the commission of war crimes and crimes against humanity4 ,those also are only legal concepts4 ,,presiding ,,judge ,,beals3 ,you may file a written brief in support of your position4 ,,dr4 ,,pelckmann3 ,i should like to add1 without the knowledge of the indictment1 my client is not ready to answer the question as to whether he is guilty or not guilty4 ,,presiding ,,judge ,,beals3 ,you will serve a copy of your brief upon the prosecution and file it with the ,secretary ,general4 ,,dr4 ,,pelckmann3 ,very well1 your ,honor4 ,,presiding ,,judge ,,beals3 ,in connection with this matter1 ,general ,taylor1 do you desire to make any remarks or suggestions8 ,,brigadier ,,general ,,taylor3 ,your ,honor1 needless to say1 we have no objection to the making of this motion or the filing of this brief4 ,it is needless to say1 also1 that we think the indictment quite adequately specifies the date1 place1 and type of experiment charged4 ,the defendant's connection with it is better known to the defendant than to anyone else4 ,there is no reason why he should not enter his plea at this time4 ,,judge ,,sebring3 ,that would not go to the jurisdictional aspect of the indictment1 but it would go to the question of particulars4 ,the consideration is whether or not upon the showing of the motion1 more particulars as to the charges specified1 should be included4 ,do you understand my point8 ,,brigadier ,,general ,,taylor3 ,yes1 your ,honor4 ,that is what ,i understood4 ,the prosecution will consider the motion1 and if need be1 submit particulars1 although we think the indictment is adequate enough4 ,we think there is no challenge of the jurisdiction4 ,the defendant should be required to promptly plead4 ,,judge ,,crawford3 ,how do you plead to the charges against you8 ,,defendant ,,schaefer3 ,not guilty4 ,,presiding ,,judge ,,beals3 ,be seated4 ,at this point the balance of the defendants3 ,waldemar ,hoven1 ,wilhelm ,beiglboeck1 ,adolf ,pokorny1 ,herta ,oberheuser and ,fritz ,fischer were arraigned4 ,all were represented by counsel4 ,all pleaded not guilty to the indictment4 ,,dr4 ,,servatius3 ,servatius for the defendant ,karl ,brandt4 ,your ,honor1 may ,i make an application regarding the submission of documents by the prosecution8 ,,presiding ,,judge ,,beals3 ,you may state your application4 ,,dr4 ,,servatius3 ,your ,honor1 ,i ask the ,tribunal to instruct the prosecution that the documents be submitted to the defense in time1 the documents on which the charge is based4 ,this would make the proceedings easier and give the defense an opportunity to examine the documents in time1 and to obtain counterproof4 ,in the first trial before the ,international ,military ,tribunal1 we were given a list of documents with the indictment2 although these documents were not enclosed1 we could look at them and we could work on them4 ,up to now we have nothing on which we can build our defense4 ,in other words1 on the #ith of ,december1 we will have proceeded no further than today1 and we will not be able to advise our clients4 ,,presiding ,,judge ,,beals3 ,you may be seated and we will hear from the prosecution1 ,brigadier ,general ,telford ,taylor4 ,,brigadier ,,general ,,taylor3 ,your ,honor1 the counsel for the defense who has just spoken is thoroughly familiar with the procedures used in the prior case4 ,the prosecution in this case plans to follow the same procedures and give the defense counsel the same opportunities and1 if possible1 more4 ,the ,defense ,information ,center1 which is the place where the documents have in the past been made available1 will be supplied in advance with copies of the documents on which our evidence is based4 ,i would suggest1 your ,honor1 that after all counsel for the defense are here that it would be most useful if there be a meeting between representatives of the prosecution and the defense so that procedures can be developed4 ,but at the moment only half of the counsel for the defense are here and it would be economical if these matters could be arranged after they are all present4 ,,dr4 ,,servatius3 ,your ,honor1 may ,i ask one question8 ,may ,i add one thing1 that the documents be given to us in ,german4 ,in the previous trial1 there was difficulty at the beginning because we got them in ,english4 ,,presiding ,,judge ,,beals3 ,i believe if counsel for the defense will refer to the rules promulgated by this ,tribunal on #b ,november #aidf1 you will see that a requirement is made that all such matters be submitted in a language that is understood by each of the defendants4 ,,dr4 ,,servatius3 ,yes1 but for technical reasons that was not always done4 ,there were great difficulties4 ,the conferences with the prosecution will make it possible to eliminate the difficulties4 ,if it is not possible1 ,i will address the ,court again4 ,,presiding ,,judge ,,beals3 ,do you have anything further1 ,general ,taylor8 ,,brigadier ,,general ,,taylor3 ,your ,honor1 the prosecution merely wishes to note that it has filed with the ,secretary ,general a motion to amend the indictment in paragraph #h of count two and paragraph #ac of count three1 by changing #aidc to #aidd4 ,the motion has been filed with the ,secretary ,general and copies of the motion are in ,german and are in the hands of defense counsel4 ,,presiding ,,judge ,,beals3 ,how many of the defendants are concerned with the amendment to the indictment8 ,my point is that if the-- ,,mr4 ,,mchaney3 ,if the ,tribunal please1 the amendment occurs first in paragraph #h on page #ad of the indictment and it affects only two of the defendants2 namely1 ,blome and ,rudolf ,brandt4 ,the amendment is also made in paragraph #ac because the same facts are there charged as a crime against humanity4 ,in paragraph #ac only the same two defendants are involved2 that is1 defendants ,blome and ,rudolf ,brandt4 ,,presiding ,,judge ,,beals3 ,what are the particulars of the amendment8 ,,mr4 ,,mchaney3 ,the only change made by the amendment is to say the date ,january #aidd for the date ,january #aidc2 in other words1 it extends the period covered by the crime for #a year4 ,the date #aidc was inserted by mistake in the indictment as filed with the ,tribunal4 ,,presiding ,,judge ,,beals3 ,are these two defendants represented by counsel here present this morning8 ,,mr4 ,,mchaney3 ,i think that ,rudolf ,brandt answered 8,yes04 ,,defendant ,,blome3 ,yes1 your ,honor4 ,,presiding ,,judge ,,beals3 ,has this motion been served upon counsel for these two defendants8 ,,mr4 ,,mchaney3 ,your ,honor1 my understanding is that the motion for amendment was filed with the ,secretary ,general4 ,if we understand the rules correctly1 the ,secretary ,general then serves it upon the defendants4 ,,presiding ,,judge ,,beals3 ,i was just asking for information whether they had received copies of the motion4 ,,mr4 ,,mchaney3 ,that ,i don't know4 ,yes1 the counsel for these defendants say 8,yes04 ,,presiding ,,judge ,,beals3 ,does counsel for defendant ,blome raise any objection to the amendment of the indictment8 ,,dr4 ,,sauter3 ,no4 ,,dr4 ,,kauffmann3 ,kauffmann for ,rudolf ,brandt4 ,i have no objection to the change4 ,,presiding ,,judge ,,beals3 ,you represent ,rudolf ,brandt8 ,,dr4 ,,kauffmann3 ,yes4 ,,presiding ,,judge ,,beals3 ,well1 the other defendant affected is defendant ,blome1 ,i understand4 ,is he represented here8 ,,dr4 ,,sauter3 ,dr4 ,sauter for the defendant ,blome4 ,we don't have any objection4 ,,presiding ,,judge ,,beals3 ,the indictment will be amended in accordance with the motion4 ,is it agreeable to counsel for these two defendants that the arraignment as to them upon this count which has just been amended be considered as pleas to the count as amended now--their pleas of 8,not ,guilty08 ,,dr4 ,,sauter3 ,yes4 ,,dr4 ,,kauffmann3 ,yes4 ,,presiding ,,judge ,,beals3 ,these matters will appear in the records of the ,tribunal4 ,the pleas of the defendants will all be entered in the minutes of the ,tribunal4 ,,iii4 ,,statement ,,of ,,the ,,tribunal ,,on ,,the ,,order ,,of ,,trial ,,and ,,rules ,,of ,,procedure1 #i ,,december #aidff ,,presiding ,,judge ,,beals3 ,i have a statement which ,i desire to make for the benefit of the prosecution1 defendants1 and all concerned3 ,before opening the trial of ,case ,no4 #a1 ,the ,united ,states of ,america against ,karl ,brandt1 et al41 there are certain matters which the ,tribunal desires to call to the attention of the counsel for the prosecution and the counsel for the defendants4 #a4 ,the prosecution may be allowed1 for the purpose of making the opening statement in this case1 time not to exceed one trial day4 ,this time may be allocated by the chief prosecutor1 between himself and any of his assistants1 as he desires4 #b4 ,when the prosecution has rested its case1 defense counsel will be allowed two trial days in which to make their opening statements1 and which will comprehend the entire theory of their respective defenses4 ,the time allocated will be divided between the different defense counsel1 as they may themselves agree4 ,in the event the defense counsel cannot agree1 the ,tribunal will allocate the time1 not to exceed #cj minutes to each defendant4 #c4 ,the prosecution shall1 not less than #bd hours before it desires to offer any record or document or writing in evidence as part of its case-in-chief1 file with the ,defense ,information ,center not less than one copy of such record1 document1 or writing for each of the counsel for defendants1 such copies to be in the ,german language4 ,the prosecution shall also deliver to the ,defense ,information ,center at least four copies thereof in the ,english language4 #d4 ,when the prosecution or any defendant offers a record1 document1 or any other writing1 or a copy thereof1 in evidence1 there shall be delivered to the ,secretary ,general in addition to the original document or other instrument in writing so offered for admission in evidence1 six copies of the document4 ,if the document is written or printed in a language other than ,english there shall also be filed with the copies of the document above referred to six copies of an ,english translation of the document4 ,if such document is offered by any defendant1 suitable facilities for procuring ,english translations of that document shall be made available4 #e4 ,at least #bd hours before a witness is called to the stand1 either by the prosecution or by any defendant1 the party who desires to interrogate the witness shall deliver to the ,secretary ,general an original and six copies of a memorandum which shall disclose3 7#a7 the name of the witness2 7#b7 his nationality2 7#c7 his residence or station2 7#d7 his official rank or position2 7#e7 whether he is called as an expert witness or as a witness to testify to facts1 and if the latter1 a prepared statement of the subject matter on which the witness will be interrogated4 ,when the prosecution prepares such a statement in connection with the witness whom it desires to call1 at the time of the filing of this statement1 two additional copies thereof shall be delivered to the ,defense ,information ,center4 ,when a defendant prepares such a statement concerning a witness whom it desires to call1 the defendant shall at the same time as the copies are filed with the ,secretary ,general deliver one additional copy to the prosecution4 #f4 ,when either the prosecution or a defendant desires the ,tribunal to take judicial notice of any official ,government documents or reports of the ,united ,nations1 including any action1 ruling or regulation of any committee1 board1 or counsel1 heretofore established by or in the ,allied ,nations for the investigation of war crimes1 or any record made by1 or the findings of1 any military or other tribunal1 this ,tribunal may refuse to take judicial notice of such documents1 rules1 or regulations1 unless the party proposing asks this ,tribunal to notice such documents1 rules1 or regulations judicially1 and places a copy thereof in writing before the ,tribunal4 ,this ,tribunal has learned with satisfaction of the procedure adopted by the prosecution with the intention of furnishing to the defense counsel information concerning the writings or documents which the prosecution expects to offer in evidence for the purpose of affording the defense counsel information to help them prepare their respective defense to the indictments4 ,the desire of the ,tribunal is that this be made available to the defendants so as to aid them in the presentation of their respective defense4 ,the ,united ,states of ,america having established this ,military ,tribunal ,i1 pursuant to law1 through properly empowered military authorities1 and the defendants having been brought before ,military ,tribunal ,i pursuant to the indictment filed #be ,october #aidf in the ,office of the ,secretary ,general of the ,military ,tribunal at ,nuernberg1 ,germany by an officer of the ,united ,states ,army1 regularly designated as ,chief of ,counsel for ,war ,crimes1 acting on behalf of the ,united ,states of ,america1 pursuant to appropriate military authority1 and the indictment having been served upon each defendant for more than #cj days prior to this date1 and a copy of the indictment in the ,german language having been furnished to each defendant and having been in his possession more than #cj days and each defendant having had ample opportunity to read the indictment1 and having regularly entered his plea of 8not guilty0 to the indictment1 the ,tribunal is ready to proceed with the trial4 ,this ,tribunal will conduct the trial in accordance with controlling laws1 rules1 and regulations1 and with due regard to appropriate precedents in a sincere endeavor to insure both to the prosecution and to each and every defendant an opportunity to present all evidence of an appropriate value bearing upon the issues before the ,tribunal2 to this end1 that under law and pending regulations impartial justice may be accomplished4 ,the trial1 of course1 will be a public trial1 not one behind closed doors2 but1 because of limited facilities available1 the ,tribunal must insist that the number of spectators be limited to the seating capacity of the courtroom4 ,passes will therefore be issued by the appropriate authorities to those who may enter the courtroom4 ,the ,tribunal will insist that good order be at all times maintained1 and appropriate measures will be taken to see that this rule is strictly enforced4 ,for the information of all concerned1 the ,tribunal announces that hearings will be held each day this week commencing at #i3cj o'clock through ,friday4 ,the ,tribunal will reconvene at #i3cj o'clock1 ,monday1 #af ,december #aidf1 and will hold sessions every day of that week including ,saturday1 on which day1 however1 the ,tribunal will recess until #i3cj o'clock1 ,thursday1 #b ,january #aidg1 when the ,tribunal will convene at the usual time4 ----- #f ,tr4 pp4 #i-aa4 ,,iv4 ,,opening ,,statement ,,of ,,the ,,prosecution ,,by ,,brigadier ,,general ,,telford ,,taylor1 #i ,,december #aidf4g ,the defendants in this case are charged with murders1 tortures1 and other atrocities committed in the name of medical science4 ,the victims of these crimes are numbered in the hundreds of thousands4 ,a handful only are still alive2 a few of the survivors will appear in this courtroom4 ,but most of these miserable victims were slaughtered outright or died in the course of the tortures to which they were subjected4 ,for the most part they are nameless dead4 ,to their murderers1 these wretched people were not individuals at all4 ,they came in wholesale lots and were treated worse than animals4 ,they were #bjj ,jews in good physical condition1 #ej gypsies1 #ejj tubercular ,poles1 or #a1jjj ,russians4 ,the victims of these crimes are numbered among the anonymous millions who met death at the hands of the ,nazis and whose fate is a hideous blot on the page of modern history4 ,the charges against these defendants are brought in the name of the ,united ,states of ,america4 ,they are being tried by a court of ,american judges4 ,the responsibilities thus imposed upon the representatives of the ,united ,states1 prosecutors and judges alike1 are grave and unusual4 ,it is owed1 not only to the victims and to the parents and children of the victims1 that just punishment be imposed on the guilty1 but also to the defendants that they be accorded a fair hearing and decision4 ,such responsibilities are the ordinary burden of any tribunal4 ,far wider are the duties which we must fulfill here4 ,these larger obligations run to the peoples and races on whom the scourge of these crimes was laid4 ,the mere punishment of the defendants1 or even of thousands of others equally guilty1 can never redress the terrible injuries which the ,nazis visited on these unfortunate peoples4 ,for them it is far more important that these incredible events be established by clear and public proof1 so that no one can ever doubt that they were fact and not fable2 and that this ,court1 as the agent of the ,united ,states and as the voice of humanity1 stamp these acts1 and the ideas which engendered them1 as barbarous and criminal4 ,we have still other responsibilities here4 ,the defendants in the dock are charged with murder1 but this is no mere murder trial4 ,we cannot rest content when we have shown that crimes were committed and that certain persons committed them4 ,to kill1 to maim1 and to torture is criminal under all modern systems of law4 ,these defendants did not kill in hot blood1 nor for personal enrichment4 ,some of them may be sadists who killed and tortured for sport1 but they are not all perverts4 ,they are not ignorant men4 ,most of them are trained physicians and some of them are distinguished scientists4 ,yet these defendants1 all of whom were fully able to comprehend the nature of their acts1 and most of whom were exceptionally qualified to form a moral and professional judgment in this respect1 are responsible for wholesale murder and unspeakably cruel tortures4 ,it is our deep obligation to all peoples of the world to show why and how these things happened4 ,it is incumbent upon us to set forth with conspicuous clarity the ideas and motives which moved these defendants to treat their fellow men as less than beasts4 ,the perverse thoughts and distorted concepts which brought about these savageries are not dead4 ,they cannot be killed by force of arms4 ,they must not become a spreading cancer in the breast of humanity4 ,they must be cut out and exposed1 for the reason so well stated by ,mr4 ,justice ,jackson in this courtroom a year ago-- 8,the wrongs which we seek to condemn and punish have been so calculated1 so malignant1 and so devastating1 that civilization cannot tolerate their being ignored because it cannot survive their being repeated40 ,to the ,german people we owe a special responsibility in these proceedings4 ,under the leadership of the ,nazis and their war lords1 the ,german nation spread death and devastation throughout ,europe4 ,this the ,germans now know4 ,so1 too1 do they know the consequences to ,germany3 defeat1 ruin1 prostration1 and utter demoralization4 ,most ,german children will never1 as long as they live1 see an undamaged ,german city4 ,to what cause will these children ascribe the defeat of the ,german nation and the devastation that surrounds them8 ,will they attribute it to the overwhelming weight of numbers and resources that was eventually leagued against them8 ,will they point to the ingenuity of enemy scientists8 ,will they perhaps blame their plight on strategic and military blunders by their generals8 ,if the ,germans embrace those reasons as the true cause of their disaster1 it will be a sad and fatal thing for ,germany and for the world4 ,men who have never seen a ,german city intact will be callous about flattening ,english or ,american or ,russian cities4 ,they may not even realize that they are destroying anything worthwhile1 for lack of a normal sense of values4 ,to reestablish the greatness of ,germany they are likely to pin their faith on improved military techniques4 ,such views will lead the ,germans straight into the arms of the ,prussian militarists to whom defeat is only a glorious opportunity to start a new war game4 8,next time it will be different40 ,we know all too well what that will mean4 ,this case1 and others which will be tried in this building1 offer a signal opportunity to lay before the ,german people the true cause of their present misery4 ,the walls and towers and churches of ,nuernberg were1 indeed1 reduced to rubble by ,allied bombs1 but in a deeper sense ,nuernberg had been destroyed a decade earlier1 when it became the seat of the annual ,nazi ,party rallies1 a focal point for the moral disintegration in ,germany1 and the private domain of ,julius ,streicher4 ,the insane and malignant doctrines that ,nuernberg spewed forth account alike for the crimes of these defendants and for the terrible fate of ,germany under the ,third ,reich4 ,a nation which deliberately infects itself with poison will inevitably sicken and die4 ,these defendants and others turned ,germany into an infernal combination of a lunatic asylum and a charnel house4 ,neither science1 nor industry1 nor the arts could flourish in such a foul medium4 ,the country could not live at peace and was fatally handicapped for war4 ,i do not think the ,german people have as yet any conception of how deeply the criminal folly that was nazism bit into every phase of ,german life1 or of how utterly ravaging the consequences were4 ,it will be our task to make these things clear4 ,these are the high purposes which justify the establishment of extraordinary courts to hear and determine this case and others of comparable importance4 ,that murder should be punished goes without the saying1 but the full performance of our task requires more than the just sentencing of these defendants4 ,their crimes were the inevitable result of the sinister doctrines which they espoused1 and these same doctrines sealed the fate of ,germany1 shattered ,europe1 and left the world in ferment4 ,wherever those doctrines may emerge and prevail1 the same terrible consequences will follow4 ,that is why a bold and lucid consummation of these proceedings is of vital importance to all nations4 ,that is why the ,united ,states has constituted this ,tribunal4 ,,state ,,medical ,,services ,,of ,,the ,,third ,,reich ,i pass now to the facts of the case in hand4 ,there are #bc defendants in the box4 ,all but three of them--,rudolf ,brandt1 ,sievers1 and ,brack--are doctors4 ,of the #bj doctors1 all but one--,pokorny--held positions in the medical services of the ,third ,reich4 ,to understand this case1 it is necessary to understand the general structure of these state medical services1 and how these services fitted into the over-all organization of the ,nazi ,state4 ,illustration3 ,chart ,showing ,german ,state ,medical ,services ,to assist the ,court in this regard the prosecution has prepared a short expository brief not introduced into evidence which is already in the hands of the ,court and which has been made available to defense counsel in ,german and ,english4 ,the brief includes a glossary of the more frequent ,german words or expressions which will occur in this trial--most of them from the vocabulary of military1 medical1 or governmental affairs4 ,it also includes a table of equivalent ranks ,app4 ,vol4 ,,ii between the ,american ,army and the ,german ,army and the ,,ss1 and of the medical ranks used in the ,german ,armed ,forces and the ,,ss4 ,finally1 it includes a chart see p4 #cj showing the subordination of the several ,german medical services within the general framework of the ,german ,state4 ,this chart has been enlarged and is displayed at the front of the courtroom4 ,following this opening statement ,mr4 ,mc,haney1 in opening the presentation of evidence on behalf of the prosecution1 will offer in evidence a series of detailed charts of the various ,german medical services1 which have been certified as accurate by the defendants ,handloser1 ,schroeder1 ,karl ,brandt1 ,mrugowsky1 and ,brack4 ,the chart to which ,i am now directing the attention of the ,tribunal is a composite chart based upon those which ,mr4 ,mc,haney will offer in evidence4 ,the chart in the front of the courtroom to which ,i now refer will not be offered in evidence2 it is intended merely as a convenient guide to the ,court and to defense counsel to enable them to follow the opening statement and to comprehend the over-all structure of the ,german medical services4 ,all power in the ,third ,reich derived from ,adolf ,hitler1 who was at one and the same time the head of the government1 the leader of the ,nazi ,party1 and the commander in chief of the armed forces4 ,his title as head of the government was ,reich ,chancellor4 ,he was the 8,fuehrer0 of the ,nazi ,party1 and the 8,supreme ,commander0 of the ,wehrmacht4 ,immediately subordinate to ,hitler were the chiefs of the armed forces1 the principal cabinet ministers in the government1 and the leading officials of the ,nazi ,party4 ,the only defendant in the dock who was directly responsible to ,hitler himself is the defendant ,karl ,brandt4 ,the ,court will observe that the defendants fall into three main groups4 ,eight of them were members of the medical service of the ,german ,air ,force4 ,seven of them were members of the medical service of the ,,ss4 ,the remaining eight include the defendants ,karl ,brandt and ,handloser1 who occupied top positions in the medical hierarchy2 it included the three defendants who are not doctors2 the defendant ,rostock1 who was an immediate subordinate of ,karl ,brandt2 the defendant ,blome1 a medical official of the ,nazi ,party2 and the defendant ,pokorny1 whom we have grouped under the ,,ss for reasons which will appear later4 ,i will deal first with the military side of the case4 ,hitler1 as ,supreme ,commander of the ,german ,armed ,forces1 exercised his authority through a staff called the ,supreme ,command of the ,armed ,forces1 better known by its ,german initials1 ,,okw 7,oberkommando der ,wehrmacht74 ,the chief of this staff1 throughout the period with which this case will concern itself1 was ,field ,marshal ,wilhelm ,keitel4 ,under the ,,okw came the ,high ,commands of the three branches of the ,wehrmacht3 the ,navy 7,,okm71 the ,army 7,,okh7 and the ,air ,force 7,,okl74 ,grand ,admiral ,erich ,raeder was the ,commander in ,chief of the ,german ,navy until #aidc1 when he was succeeded by ,grand ,admiral ,karl ,doenitz4 ,prior to the outbreak of the war1 the ,commander in ,chief of the ,german ,army was ,field ,marshal von ,brauchitsch4 ,in ,december #aida ,brauchitsch was relieved and ,hitler himself took this position4 ,hermann ,goering was the ,commander in ,chief of the ,german ,air ,force with the rank of ,reich ,marshal1 until the very last month of the war4 ,each of the three branches of the ,wehrmacht had its own medical service4 ,for purposes of this case1 the medical service of the ,navy is not of much importance4 ,during most of the war the defendant ,handloser was the ,chief of the ,medical ,service of the ,german ,army2 in #aidd he was succeeded in this capacity by ,dr4 ,walter4 ,the ,chief of the ,medical ,service of the ,german ,air ,force until #aidc was ,dr4 ,erich ,hippke2 from ,january #aidd until the end of the war1 it was the defendant ,schroeder4 ,subordinate to the defendant ,schroeder are seven other defendants from the ,air ,force ,medical ,service1 whose functions ,i will briefly describe later on4 ,i turn now to the second principal group of defendants--those affiliated with the ,,ss4 ,the ,,ss was nominally a part of the ,nazi ,party1 and came under ,hitler in his capacity as ,fuehrer of the ,,nsdap4 ,in fact1 during the years of the ,nazi regime1 the ,,ss expanded into a vast complex of military1 police1 and intelligence organizations4 ,the head of this extraordinary combine was ,heinrich ,himmler1 with the title of ,reich ,leader ,,ss4 ,the ,,ss had its own medical service1 headed by ,grawitz1 who bore the title ,reich ,physician ,,ss4 ,the ,,ss in turn was divided into many departments1 of which one of the most important was the ,armed or ,waffen ,,ss4 ,the members of the ,waffen ,,ss were trained and equipped as regular troops1 were formed into regular military formations1 and fought at the front side by side with the troops of the ,wehrmacht4 ,by the end of the war there were some #cj ,,ss divisions in the line4 ,the head of the ,medical ,service of the ,waffen ,,ss was the defendant ,genzken4 ,six other defendants were members of the ,,ss ,medical ,service and therefore subordinated to ,grawitz4 ,the ,german civilian medical services derived their authority both from the ,german ,government and from the ,party4 ,the medical chief on the civilian side was ,dr4 ,leonardo ,conti1 who committed suicide in ,october #aide4 ,dr4 ,conti occupied the position of ,state ,secretary for ,health in the ,reich ,ministry of the ,interior4 ,in this capacity ,conti was a subordinate of the ,minister of the ,interior1 ,dr4 ,wilhelm ,frick1 until #aidc1 and thereafter to ,heinrich ,himmler who assumed the additional duties of ,minister of the ,interior in that year4 ,conti also held the title in the ,nazi ,party of ,reich ,health ,leader4 ,his deputy in this capacity was the defendant ,blome4 ,as ,reich ,health ,leader1 ,conti was subordinate to the ,nazi ,party ,chancellery1 the chief of which was ,martin ,bormann4 ,as the ,court will see from the chart1#h the three principal people in the hierarchy of ,german state health and medicine are the defendants ,karl ,brandt and ,handloser1 and the deceased ,dr4 ,conti4 ,in ,july #aidb1 ,hitler issued a decree1 a copy of which will later be read before the ,court1 which established the defendant ,handloser as ,chief of the ,medical ,services of the ,wehrmacht4 ,shown on the chart here ,handloser's name appears in this capacity4 ,handloser was given supervisory and professional authority over the medical services of all three branches of the ,wehrmacht4 ,inasmuch as the ,waffen ,,ss came to constitute an important part of the armed forces1 ,handloser's supervisory authority also extended to the defendant ,genzken1 ,chief of the ,medical ,service of the ,waffen ,,ss4 ,in this position ,handloser was charged with the coordination of all common tasks of the ,medical ,services of the ,wehrmacht and the ,waffen ,,ss4 ,he thus became the principal figure in ,german military medicine1 just as ,dr4 ,conti was the central figure in the field of civilian medicine4 ,handloser and ,conti1 as will be seen from the chart1 were not directly responsible to ,hitler himself4 ,handloser's responsibility ran to ,hitler through the ,,okw1 and ,conti's through the ,ministry of the ,interior and the chief of the ,nazi ,party ,chancellery4 ,in #aidb ,hitler for the first time established a medical and health official under his direct control4 ,this official was the defendant ,karl ,brandt4 ,a ,hitler decree of ,july #aidb 7,,no-#jhj7 gave ,brandt the title ,plenipotentiary for ,health and ,medical ,services1 and empowered him to carry out special tasks and negotiations with reference to the requirements for doctors1 hospitals1 medical supplies1 etc41 between the military and civilian sectors of the health and sanitation systems4 ,brandt's role1 therefore1 was to coordinate the requirements of the military and civilian agencies in the field of medicine and public health4 ,dr4 ,karl ,brandt had been the personal physician to ,hitler since #aicd4 ,he was only #ch years old at the time he assumed the important duties conferred by the #aidb decree4 ,his rise continued4 ,in ,september #aidc ,hitler issued another decree which gave ,brandt the title of ,general ,commissioner for ,sanitation and ,health and empowered him to coordinate and direct the problems and activities of the entire administration for sanitation and health4 7,,no-#jha47 ,this authority was explicitly extended to the field of medical science and research4 ,finally1 in ,august #aidd1 ,hitler appointed ,dr4 ,brandt ,reich ,commissioner for ,sanitation and ,health1 and stated that in this capacity ,brandt's office ranked as the 8highest ,reich authority40 7,,no-#jhb47 ,brandt was authorized to issue instructions to the medical offices and organizations of the government1 to the party1 and the armed forces1 in the field of sanitation and health4 ,karl ,brandt1 as the supreme medical authority in the ,reich1 appointed the defendant ,paul ,rostock as his immediate subordinate to head the ,office for ,scientific and ,medical ,research4 ,rostock's position reached into the activities of the medical societies1 the medical colleges1 and the ,reich ,research ,council4 ,brandt also appointed ,admiral ,fikentscher1 who had theretofore been the chief medical officer of the ,german ,navy1 as his subordinate to head the ,office for ,planning and ,production4 ,in this field1 ,fikentscher dealt with the principal labor authorities1 the ,ministry of ,economics1 and the ,ministry for ,armament and ,war ,production4 ,as chief of the ,medical ,service of the ,german ,air ,force1 the defendant ,schroeder also held one of the most important positions in the ,german medical hierarchy4 ,he and the defendant ,handloser both held the rank of ,generaloberstabsarzt1 the highest rank in the ,german medical service and the equivalent of lieutenant general in the ,american ,army4 ,i do not propose to go into detail concerning the positions held by the seven defendants who were under ,schroeder1 inasmuch as ,mr4 ,mc,haney will introduce charts which show in great detail the structure of the ,german ,air ,force ,medical ,service1 and which have been authenticated by the defendant ,schroeder himself4 ,the defendant ,rose held a high rank in the ,air ,force ,medical ,service equivalent to that of a brigadier general in the ,american ,army and was appointed special adviser to ,schroeder on matters pertaining to tropical medicine1 held a chair at one of the most important ,german medical institutes1 and is one of the most distinguished scientists in the dock4 ,the defendant ,becker-,freyseng headed ,schroeder's department for aviation medicine4 ,the defendant ,weltz was chief of the ,institute for ,aviation ,medicine at ,munich4 ,the particular functions of the defendants ,ruff1 ,romberg1 ,schaefer1 and ,beiglboeck will appear as we proceed with the presentation of the evidence4 ,i will likewise pass over very briefly the detailed functions of the six ,,ss physicians who were shown on the chart as the subordinates of ,grawitz4 ,detailed charts of the ,,ss ,medical ,service1 authenticated by the defendant ,mrugowsky1 will shortly be introduced in evidence4 ,the defendant ,gebhardt was ,himmler's personal physician and he held a rank in the ,,ss equivalent to that of a major general in the ,american ,army4 ,he became the president of the ,german ,red ,cross4 ,he was the chief surgeon on ,grawitz's staff1 and also headed the hospital at ,hohenlychen1 in which capacity the defendants ,oberheuser and ,fischer were his assistants4 ,the defendant ,poppendick was the chief of ,grawitz's personal staff4 ,the defendant ,mrugowsky was ,grawitz's chief hygienist and also headed the ,hygienic ,institute of the ,waffen ,,ss4 ,the defendant ,hoven was the chief doctor of the ,buchenwald concentration camp4 ,the defendant ,pokorny is a private physician who had no official connection with the governmental medical service4 ,we have shown him on the chart underneath the group of ,,ss physicians for reasons which will appear in the course of presenting the evidence concerning sterilization experiments 7par4 #f 7,i7 of the indictment74 ,the three defendants who are not doctors are shown in the top right-hand corner of the chart4 ,two of them--,rudolf ,brandt and ,brack--are administrative officers4 ,rudolf ,brandt had the rank of colonel in the ,,ss1 was sort of personal adjutant1 and held an administrative office both in the ,,ss and the ,ministry of the ,interior4 ,viktor ,brack was the chief administrative officer in ,hitler's personal chancellery ,chancellery of the ,fuehrer1 the head of which was ,philipp ,bouhler4 ,the defendant ,sievers1 who held the rank of colonel in the ,,ss1 is a special case4 ,he was a direct subordinate of ,heinrich ,himmler in the latter's capacity as president of the so-called ,ahnenerbe ,society4 ,the name of this society literally means 8ancestral heritage01 and it was originally devoted to scientific and psuedo-scientific researches concerning the anthropological and cultural history of the ,german race4 ,later on an ,institute for ,military ,scientific ,research was set up within the ,ahnenerbe ,society4 ,sievers was the manager of the society and the director of the ,institute for ,military ,scientific ,research4 ,this concludes the general description of the ,german state medical services under the ,nazi regime1 and of the positions which the defendants occupied in the scheme of things4 ,it is convenient at this point to refer to count four of the indictment1 which charges that #aj of the defendants were members of an organization declared to be criminal by the ,international ,military ,tribunal1 and that such membership is in violation of paragraph #a 7d7 of ,article ,,ii of ,control ,council ,law ,no4 #aj4 ,the organization in question is the ,,ss4 ,this count concerns the defendant ,karl ,brandt1 six of the defendants who were affiliated with the ,medical ,service of the ,,ss1 and three defendants who are not doctors4 ,it does not concern any of the nine defendants on the military side1 nor the defendants ,rostock1 ,blome1 ,oberheuser1 or ,pokorny4 ,the ,international ,military ,tribunal's declaration of criminality applies to all persons who had been officially accepted as members of any branch of the ,,ss1 and who remained members after #a ,september #aici4 ,the prosecution will show that all #aj defendants charged in count four were officially accepted as members of the ,,ss and remained so after that date4 ,the defendants ,karl ,brandt1 ,genzken1 and ,gebhardt held ranks in both the ,general or ,allgemeine ,,ss and the ,waffen ,,ss equivalent to that of a major general in the ,american ,army4 ,the defendants ,mrugowsky1 ,hoven1 ,poppendick1 and ,fischer all held officer rank in the ,,ss or ,waffen ,,ss1 and all four of them1 together with the defendants ,genzken and ,gebhardt1 held positions in the ,,ss ,medical ,service4 ,the defendant ,rudolf ,brandt held the rank of colonel in the ,general 7,allgemeine7 ,,ss1 and was a personal assistant to ,himmler in ,himmler's capacity as ,reich ,leader ,,ss4 ,the defendant ,brack held officer rank in both the ,,ss and the ,waffen ,,ss4 ,the defendant ,sievers held the rank of colonel in the ,,ss1 and was manager of the ,ahnenerbe ,society1 which was attached to the ,,ss ,main ,office4 ,the declaration of criminality by the ,international ,military ,tribunal does not apply when it appears that a member of the ,,ss was drafted into membership in such a way as to give him no choice in the matter4 ,nor does it apply if it appears that the member had no knowledge that the organization was being used for the commission of criminal acts4 ,for purposes of this case1 these questions1 the prosecution believes1 will be academic4 ,all of the defendants charged in count four held officer rank in the ,,ss1 and most of them held senior rank4 ,they were moving spirits and personal participants in murder and torture on a large scale1 and in a variety of other crimes4 ,in this connection we respectfully invite the ,tribunal's attention to two statements by the ,international ,military ,tribunal which1 under ,article ,x of ,ordinance ,no4 #g1 constitute proof in the absence of substantial new evidence to the contrary4 ,in setting forth the criminal acts committed by the ,,ss1 the ,international ,military ,tribunal stated3#i 8,also attached to the ,,ss main offices was a research foundation known as the ,experiments ,ahnenerbe4 ,the scientists attached to this organization are stated to have been mainly honorary members of the ,,ss4 ,during the war an institute for military scientific research became attached to the ,ahnenerbe which conducted extensive experiments involving the use of living human beings40 ,and again it was stated3#aj 8,in connection with the administration of the concentration camps1 the ,,ss embarked on a series of experiments on human beings which were performed on prisoners of war or concentration camp inmates4 ,these experiments included freezing to death and killing by poison bullets4 ,the ,,ss was able to obtain an allocation of ,government funds for this kind of research on the grounds that they had access to human material not available to other agencies40 ,,crimes ,,committed ,,in ,,the ,,guise ,,of ,,scientific ,,research 7,counts two and three1 pars4 #f1 #g1 #aa1 and #ab7 ,i turn now to the main part of the indictment and will outline at this point the prosecution's case relating to those crimes alleged to have been committed in the name of medical or scientific research4 ,the charges with respect to 8euthanasia0 and the slaughter of tubercular ,poles obviously have no relation to research or experimentation and will be dealt with later4 ,what ,i will cover now comprehends all the experiments charged as war crimes in paragraph #f and as crimes against humanity in paragraph #aa of the indictment1 and the murders committed for so-called anthropological purposes which are charged as war crimes in paragraph #g and as crimes against humanity in paragraph #ab of the indictment4 ,before taking up these experiments one by one1 let us look at them as a whole4 ,are they a heterogeneous list of horrors1 or is there a common denominator for the whole group8 ,a sort of rough pattern is apparent on the face of the indictment4 ,experiments concerning high altitude1 the effect of cold1 and the potability of processed sea-water have an obvious relation to aeronautical and naval combat and rescue problems4 ,the mustard gas and phosphorous burn experiments1 as well as those relating to the healing value of sulfanilamide for wounds1 can be related to air-raid and battlefield medical problems4 ,it is well known that malaria1 epidemic jaundice1 and typhus were among the principal diseases which had to be combated by the ,german ,armed ,forces and by ,german authorities in occupied territories4 ,to some degree1 the therapeutic pattern outlined above is undoubtedly a valid one1 and explains why the ,wehrmacht1 and especially the ,german ,air ,force1 participated in these experiments4 ,fanatically bent upon conquest1 utterly ruthless as to the means or instruments to be used in achieving victory1 and callous to the sufferings of people whom they regarded as inferior1 the ,german militarists were willing to gather whatever scientific fruit these experiments might yield4 ,but our proof will show that a quite different and even more sinister objective runs like a red thread through these hideous researches4 ,we will show that in some instances the true object of these experiments was not how to rescue or to cure1 but how to destroy and kill4 ,the sterilization experiments were1 it is clear1 purely destructive in purpose4 ,the prisoners at ,buchenwald who were shot with poisoned bullets were not guinea pigs to test an antidote for the poison2 their murderers really wanted to know how quickly the poison would kill4 ,this destructive objective is not superficially as apparent in the other experiments1 but we will show that it was often there4 ,mankind has not heretofore felt the need of a word to denominate the science of how to kill prisoners most rapidly and subjugated people in large numbers4 ,this case and these defendants have created this gruesome question for the lexicographer4 ,for the moment we will christen this macabre science 8thanatology10 the science of producing death4 ,the thanatological knowledge1 derived in part from these experiments1 supplied the techniques for genocide1 a policy of the ,third ,reich1 exemplified in the 8euthanasia0 program and in the wide-spread slaughter of ,jews1 gypsies1 ,poles1 and ,russians4 ,this policy of mass extermination could not have been so effectively carried out without the active participation of ,german medical scientists4 ,i will now take up the experiments themselves4 ,two or three of them ,i will describe more fully1 but most of them will be treated in summary fashion1 as ,mr4 ,mc,haney will be presenting detailed proof of each of them4 ,a4 ,high-,altitude ,experiments ,the experiments known as 8high-altitude0 or 8low-pressure0 experiments were carried out at the ,dachau concentration camp in #aidb4 ,according to the proof1 the original proposal that such experiments be carried out on human beings originated in the spring of #aida with a ,dr4 ,sigmund ,rascher4 ,rascher was at that time a captain in the medical service of the ,german ,air ,force1 and also held officer rank in the ,,ss4 ,he is believed now to be dead4 ,the origin of the idea is revealed in a letter which ,rascher wrote to ,himmler in ,may #aida at which time ,rascher was taking a course in aviation medicine at a ,german ,air ,force headquarters in ,munich4 ,according to the letter1 this course included researches into high-altitude flying and 8considerable regret was expressed at the fact that no tests with human material had yet been possible for us1 as such experiments are very dangerous and nobody volunteers for them40 7#afjb-,,ps47 ,rascher1 in this letter1 went on to ask ,himmler to put human subjects at his disposal and baldly stated that the experiments might result in death to the subjects but that the tests theretofore made with monkeys had not been satisfactory4 ,rascher's letter was answered by ,himmler's adjutant1 the defendant1 ,rudolf ,brandt1 who informed ,rascher that-- 899 99 99 ,prisoners will1 of course1 gladly be made available for the high-flight researches40 7#aehb-,,ps47 ,subsequently ,rascher wrote directly to ,rudolf ,brandt asking for permission to carry out the experiments at the ,dachau concentration camp1 and he mentioned that the ,german ,air ,force had provided 8a movable pressure chamber0 in which the experiments might be made4 ,plans for carrying out the experiments were developed at a conference late in #aida1 or early in #aidb1 attended by ,dr4 ,rascher and by the defendants ,weltz1 ,romberg1 and ,ruff1 all of whom were members of the ,german ,air ,force ,medical ,service4 ,the tests themselves were carried out in the spring and summer of #aidb1 using the pressure chamber which the ,german ,air ,force had provided4 ,the victims were locked in the low-pressure chamber1 which was an airtight ball-like compartment1 and then the pressure in the chamber was altered to simulate the atmospheric conditions prevailing at extremely high altitudes4 ,the pressure in the chamber could be varied with great rapidity1 which permitted the defendants to duplicate the atmospheric conditions which an aviator might encounter in falling great distances through space without a parachute and without oxygen4 ,the reports1 conclusions1 and comments on these experiments1 which were introduced here and carefully recorded1 demonstrate complete disregard for human life and callousness to suffering and pain4 ,these documents reveal at one and the same time the medical results of the experiments1 and the degradation of the physicians who performed them4 ,the first report by ,rascher was made in ,april #aidb1 and contains a description of the effect of the low-pressure chamber on a #cg-year-old ,jew4 7#aiga-;,a-,,ps47 ,i quote3 8,the third experiment of this type took such an extraordinary course that ,i called an ,,ss physician of the camp as witness1 since ,i had worked on these experiments all by myself4 ,it was a continuous experiment without oxygen at a height of #ab kilometers conducted on a #cg-year-old ,jew in good general condition4 ,breathing continued up to #cj minutes4 ,after #d minutes the experimental subject began to perspire and wiggle his head1 after #e minutes cramps occurred1 between #f and #aj minutes breathing increased in speed and the experimental subject became unconscious2 from #aa to #cj minutes breathing slowed down to three breaths per minute1 finally stopping altogether4 8,severest cyanosis developed in between and foam appeared at the mouth4 8,at #e minute intervals electrocardiograms from three leads were written4 ,after breathing had stopped ,ekg 7electrocardiogram7 was continuously written until the action of the heart had come to a complete standstill4 ,about hour after breathing had stopped1 dissection was started40 ,rascher's report also contains the following record of the 8autopsy03 8,when the cavity of the chest was opened the pericardium was filled tightly 7heart tamponade74 ,upon opening of the pericardium1 #hj cc4 of clear yellowish liquid gushed forth4 ,the moment the tamponade had stopped1 the right auricle of the heart began to beat heavily1 at first at the rate of #fj actions per minute1 then progressively slower4 ,twenty minutes after the pericardium had been opened1 the right auricle was opened by puncturing it4 ,for about #ae minutes1 a thin stream of blood spurted forth4 ,thereafter1 clogging of the puncture wound in the auricle by coagulation of the blood and renewed acceleration of the action of the right auricle occurred4 8,one hour after breathing had stopped1 the spinal marrow was completely severed and the brain removed4 ,thereupon1 the action of the auricle of the heart stopped for #dj seconds4 ,it then renewed its action1 coming to a complete standstill #h minutes later4 ,a heavy subarachnoid oedema was found in the brain4 ,in the veins and arteries of the brain1 a considerable quantity of air was discovered4 ,furthermore1 the blood vessels in the heart and liver were enormously obstructed by embolism40 7#aiga-;,a-,,ps47 ,after seeing this report ,himmler ironically ordered that if a subject should be brought back to life after enduring such an experiment1 he should be 8pardoned0 to life imprisonment in a concentration camp4 ,rascher's reply to this letter1 dated #bj ,october #aidb1 reveals that up to the time the victims of these experiments had all been ,poles and ,russians1 that some of them had been condemned to death1 and ,rascher inquired whether ,himmler's benign mercy extended to ,poles and ,russians4 7#aiga-;,d-,,ps47 ,a teleptyped reply from the defendant1 ,rudolf ,brandt1 confirmed ,rascher's belief that ,poles and ,russians were beyond the pale and should be given no amnesty of any kind4 7#aiga-;,e-,,ps47 ,the utter brutality of the crimes committed in conducting this series of experiments is reflected in all the documents4 ,a report written in ,may #aidb reflects that certain of these tests were carried out on persons described therein as 8,jewish professional criminals40 ,in fact1 these ,jews had been condemned for what the ,nazis called 8,rassenschande10 which literally means 8racial shame40 ,the crime consisted of marriage or intercourse between ,aryans and non-,aryans4 ,the murder and torture of these unfortunate ,jews is eloquently reflected in the following report3 8,some of the experimental subjects died during a continued high-altitude experiment2 for instance1 after one-half hour at a height of #ab kilometers4 ,after the skull had been opened under water1 an ample amount of air embolism was found in the brain vessels and1 in part1 free air in the brain ventricles4 8,in order to find out whether the severe psychic and physical effects1 as mentioned under ,no4 #c1 are due to the formation of embolism1 the following was done3 ,after relative recuperation from such a parachute descending test had taken place1 however before regaining consciousness1 some experimental subjects were kept under water until they died4 ,when the skull and cavities of the breast and of the abdomen were opened under water1 an enormous amount of air embolism was found in the vessels of the brain1 the coronary vessels1 and the vessels of the liver and the intestines40 7,,no-#bbj47 ,the victims who did not die in the course of such experiments1 surely wished that they had4 ,a long report written in ,july #aidb by ,rascher1 and by the defendants ,ruff and ,romberg1 describes an experiment on a former delicatessen clerk1 who was given an oxygen mask and raised in the chamber to an atmospheric elevation of over #dg1jjj feet1 at which point the mask was removed and a parachute descent was simulated4 ,the report describes the victim's reactions--8spasmodic convulsions10 8agonal convulsive breathing10 8clonic convulsions1 groaning10 8yells aloud10 8convulses arms and legs10 8grimaces1 bites his tongue10 8does not respond to speech10 8gives the impression of someone who is completely out of his mind40 7,,no-#djb47 ,the evidence which we will produce will establish that the defendants ,ruff and ,romberg personally participated with ,rascher in experiments resulting in death and torture2 that the defendant ,sievers watched the experiments for an entire day and made an oral report to ,himmler on his observations2 that the defendant ,rudolf ,brandt was the agent of ,himmler in providing the human subjects for these experiments and in making many other facilities available to ,rascher and rendering him general assistance2 and that the defendant ,weltz1 in his official capacity1 repeatedly insisted on supervision over and full responsibility and credit for the experiments4 ,the higher authorities of both the ,german ,air ,force and the ,,ss were fully informed concerning what was going on4 ,extensive correspondence will be introduced1 for example1 concerning the availability of the low-pressure chamber which the ,german ,air ,force furnished at ,dachau1 and concerning the availability of ,rascher1 who was an officer in the ,air ,force ,medical ,service1 to conduct the experiments4 ,knowledge of1 participation in1 and responsibility for these atrocious crimes on the part of the defendants here charged will be clearly shown by the evidence4 ,b4 ,freezing ,experiments ,the deep interest of the ,german ,air ,force in capitalizing on the availability of inmates of concentration camps for experimental purposes is even more apparent in the case of the freezing experiments4 ,these1 too1 were conducted at ,dachau4 ,they began immediately after the high-altitude experiments were completed and they continued until the spring of #aidc4 ,here again1 the defendant ,weltz was directly in charge of the experiments1 with ,rascher as his assistant1 as is shown in a letter written in ,may #aidb by ,field ,marshal ,erhard ,milch1 the ,inspector ,general of the ,german ,air ,force1 to ,,ss ,obergruppenfuehrer ,wolff1 one of ,heinrich ,himmler's principal subordinates1 and this letter specifically requested that the freezing experiments be carried out at ,dachau under ,weltz's supervision4 7#cdc-;,a-,,ps47 ,the purpose of these experiments was to determine the most effective way of rewarming ,german aviators who were forced to parachute into the ,north ,sea4 ,the evidence will show that in the course of these experiments1 the victims were forced to remain outdoors without clothing in freezing weather from #i to #ad hours4 ,in other cases1 they were forced to remain in a tank of iced water for #c hours at a time4 ,the water experiments are described in a report by ,rascher written in ,august #aidb4 7#afah-,,ps47 ,i quote3 8,electrical measurements gave low temperature readings of #bf4d in the stomach and #bf4e in the rectum4 ,fatalities occurred only when the brain stem and the back of the head were also chilled4 ,autopsies of such fatal cases always revealed large amounts of free blood1 up to liter1 in the cranial cavity4 ,the heart invariably showed extreme dilation of the right chamber4 ,as soon as the temperature in those experiments reached #bh1 the experimental subjects died invariably1 despite all attempts at resuscitation40 ,other documents set forth that from time to time the temperature of the water would be lowered by #aj ,centigrade and a quart of blood would be taken from an artery in the subject's throat for analysis4 ,the organs of the victims who died were extracted and sent to the ,pathological ,institute at ,munich4 ,rewarming of the subjects was attempted by various means1 most commonly and successfully in a very hot bath4 ,in ,september1 ,himmler personally ordered that rewarming by the warmth of human bodies also be attempted1 and the inhuman villains who conducted these experiments promptly produced four gypsy women from the ,ravensbrueck concentration camp4 ,when the women had arrived1 rewarming was attempted by placing the chilled victim between two naked women4 ,a voluminous report on the freezing experiments conducted in tanks of ice water1 written in ,october #aidb1 contains the following 7,,no-#dbh73 8,if the experimental subject were placed in the water under narcosis1 one observed a certain arousing effect4 ,the subject began to groan and made some defensive movements4 ,in a few cases1 a state of excitation developed4 ,this was especially severe in the cooling of the head and neck4 ,but never was a complete cessation of the narcosis observed4 ,the defensive movements ceased after about #e minutes4 ,there followed a progressive rigor1 which developed especially strongly in the arm musculature2 the arms were strongly flexed and pressed to the body4 ,the rigor increased with the continuation of the cooling1 now and then interrupted by tonic-clonic twitching4 ,with still more marked sinking of the body temperature1 it suddenly ceased4 ,these cases ended fatally1 without any successful results from resuscitation efforts4 99 99 99 99 99 8,experiments without narcosis showed no essential differences in the course of cooling4 ,upon entry into the water1 a severe cold shuddering appeared4 ,the cooling of the neck and back of the head was felt as especially painful1 but already after #e to #aj minutes1 a significant weakening of the pain sensation was observable4 ,rigor developed after this time in the same manner as under narcosis1 likewise the tonic-clonic twitchings4 ,at this point1 speech became difficult because the rigor also affected the speech musculature4 8,simultaneously with the rigor1 a severe difficulty in breathing set in with or without narcosis4 ,it was reported that1 so to speak1 an iron ring was placed about the chest4 ,objectively1 already at the beginning of this breathing difficulty1 a marked dilatation of the nostrils occurred4 ,the expiration was prolonged and visibly difficult4 ,this difficulty passed over into a rattling and snoring breathing4 99 99 990 ,emphasis not shown4 ,during the winter of #aidb and #aidc1 experiments with 8dry0 cold were conducted4 ,and ,rascher reported on these in another letter to ,himmler 7#afaf-,,ps73 8,up to now1 ,i have cooled off about #cj people stripped in the open air during nine to fourteen hours at #bg to #bi4 ,after a time1 corresponding to a trip of #a hour1 ,i put these subjects in a hot bath4 ,up to now1 every single patient was completely warmed up within #a hour at most1 although some of them had their hands and feet frozen white40 ,the responsibility among the defendants for the freezing experiments is substantially the same as for the high-altitude tests4 ,the results were1 if anything1 ever more widely known in ,german medical circles4 ,in ,october #aidb1 a medical conference took place here in ,nuernberg at the ,deutscher ,hof ,hotel1 at which one of the authors of the report from which ,i have just quoted spoke on the subject 8,prevention and ,treatment of ,freezing01 and the defendant ,weltz spoke on the subject 8,warming up after ,freezing to the ,danger ,point40 ,numerous documents which we will introduce show the widespread responsibility among the defendants1 and in the highest quarters of the ,german ,air ,force1 for these sickening crimes4 ,c4 ,malaria ,experiments ,another series of experiments carried out at the ,dachau concentration camp concerned immunization for and treatment of malaria4 ,over #a1bjj inmates of practically every nationality were experimented upon4 ,many persons who participated in these experiments have already been tried before a general military court held at ,dachau1 and the findings of that court will be laid before this ,tribunal4 ,the malaria experiments were carried out under the general supervision of a ,dr4 ,schilling1 with whom the defendant ,sievers and others in the box collaborated4 ,the evidence will show that healthy persons were infected by mosquitoes or by injections from the glands of mosquitoes4 ,catholic priests were among the subjects4 ,the defendant ,gebhardt kept ,himmler informed of the progress of these experiments4 ,rose furnished ,schilling with fly eggs for them1 and others of the defendants participated in various ways which the evidence will demonstrate4 ,after the victims had been infected1 they were variously treated with quinine1 neosalvarsan1 pyramidon1 antipyrin1 and several combinations of these drugs4 ,many deaths occurred from excessive doses of neosalvarsan and pyramidon4 ,according to the findings of the ,dachau court1 malaria was the direct cause of #cj deaths and #cjj to #djj others died as the result of subsequent complications4 ,d4 ,mustard ,gas ,experiments ,the experiments concerning mustard gas were conducted at ,sachsenhausen1 ,natzweiler1 and other concentration camps and extended over the entire period of the war4 ,wounds were deliberately inflicted on the victims1 and the wounds were then infected with mustard gas4 ,other subjects were forced to inhale the gas1 or to take it internally in liquid form1 and still others were injected with the gas4 ,a report on these experiments written at the end of #aici described certain cases in which wounds were inflicted on both arms of the human guinea pigs and then infected1 and the report states3 8,the arms in most of the cases are badly swollen and pains are enormous40 ,the alleged purpose of these experiments was to discover an effective treatment for the burns caused by mustard gas4 ,in #aidd the experiments were coordinated with a general program for research into gas warfare4 ,a decree issued by ,hitler in ,march #aidd ordered the defendant ,karl ,brandt to push medical research in connection with gas warfare4 ,the defendant ,rudolf ,brandt sent copies of this decree to the defendant ,sievers1 to ,grawitz1 and others1 and transmitted ,hitler's request that they confer soon with the defendant ,karl ,brandt 8on account of the urgency of the order given him by the ,fuehrer40 ,subsequently1 ,sievers1 who was thoroughly familiar with the mustard gas experiments being carried on in the concentration camps1 reported the details of these experiments to the defendant ,karl ,brandt4 ,e4 and ,f4 ,ravensbrueck ,experiments ,concerning ,sulfanilamide and ,other ,drugs2 ,bone1 ,muscle1 and ,nerve ,regeneration and ,bone ,transplantation ,the experiments conducted principally on the female inmates of ,ravensbrueck concentration camp were perhaps the most barbaric of all4 ,these concerned bone1 muscle1 and nerve regeneration and bone transplantation1 and experiments with sulfanilamide and other drugs4 ,they were carried out by the defendants ,fischer and ,oberheuser under the direction of the defendant ,gebhardt4 ,in one set of experiments1 incisions were made on the legs of several of the camp inmates for the purpose of simulating battle-caused infections4 ,a bacterial culture1 or fragments of wood shavings1 or tiny pieces of glass were forced into the wound4 ,after several days1 the wounds were treated with sulfanilamide4 ,grawitz1 the head of the ,,ss ,medical ,service1 visited ,ravensbrueck and received a report on these experiments directly from the defendant ,fischer4 ,grawitz thereupon directed that the wounds inflicted on the subjects should be even more severe so that conditions similar to those prevailing at the front lines would be more completely simulated4 ,bullet wounds were simulated on the subjects by tying off the blood vessels at both ends of the incision4 ,a gangrene-producing culture was then placed in the wounds4 ,severe infection resulted within #bd hours4 ,operations were then performed on the infected areas and the wounds were treated with sulfanilamide4 ,in each of the many sulfanilamide experiments1 some of the subjects were wounded and infected but were not given sulfanilamide1 so as to compare their reactions with those who received treatment4 ,bone transplantation from one person to another and the regeneration of nerves1 muscles1 and bones were also tried out on the women at ,ravensbrueck4 ,the defendant ,gebhardt personally ordered that bone transplantation experiments be carried out1 and in one case the scapula of an inmate at ,ravensbrueck was removed and taken to ,hohenlychen ,hospital and there transplanted4 ,we will show that the defendants did not even have any substantial scientific objective4 ,these experiments were senseless1 sadistic1 and utterly savage4 ,the defendant ,oberheuser's duties at ,ravensbrueck in connection with the experiments were to select young and healthy inmates for the experiments1 to be present at all of the surgical operations1 and to give the experimental subjects post-operative care4 ,we will show that this care consisted chiefly of utter neglect of nursing requirements1 and cruel and abusive treatment of the miserable victims4 ,other experiments in this category were conducted at ,dachau to discover a method of bringing about coagulation of the blood4 ,concentration camp inmates were actually fired upon1 or were injured in some other fashion in order to cause something similar to a battlefield wound4 ,these wounds were then treated with a drug known as polygal in order to test its capacity to coagulate the blood4 ,several inmates were killed4 ,sulfanilamide was also administered to some and withheld from other inmates who had been infected with the pus from a phlegmon-diseased person4 ,blood poisoning generally ensued4 ,after infection1 the victims were left untreated for #c or #d days1 after which various drugs were administered experimentally or experimental surgical operations were performed4 ,polish ,catholic priests were used for these tests4 ,many died and others became invalids4 ,as a result of all of these senseless and barbaric experiments1 the defendants are responsible for manifold murders and untold cruelty and torture4 ,g4 ,sea-,water ,experiments ,for the sea-water experiments we return to ,dachau4 ,they were conducted in #aidd at the behest of the ,german ,air ,force and the ,german ,navy in order to develop a method of rendering sea-water drinkable4 ,meetings to discuss this problem were held in ,may #aidd1 attended by representatives of the ,luftwaffe1 the ,navy1 and ,i4 ,g4 ,farben4 ,the defendants ,becker-,freyseng and ,schaefer were among the participants4 ,it was agreed to conduct a series of experiments in which the subjects1 fed only with shipwreck emergency rations1 would be divided into four groups4 ,one group would receive no water at all2 the second would drink ordinary sea-water2 the third would drink sea-water processed by the so-called 8,berka0 method1 which concealed the taste but did not alter the saline content2 the fourth would drink sea-water treated so as to remove the salt4 ,since it was expected that the subjects would die1 or at least suffer severe impairment of health1 it was decided at the meeting in ,may #aidd that only persons furnished by ,himmler could be used4 ,thereafter in ,june #aidd the defendant ,schroeder set the program in motion by writing to ,himmler1 and ,i quote from his letter 7,,no-#ahe73 8,earlier you made it possible for the ,luftwaffe to settle urgent medical matters through experiments on human beings4 ,today ,i again stand before a decision which1 after numerous experiments on animals and also on voluntary human subjects1 demands final solution3 ,the ,luftwaffe has simultaneously developed two methods for making sea-water drinkable4 ,the one method1 developed by a medical officer1 removes the salt from the sea-water and transforms it into real drinking water2 the second method1 suggested by an engineer1 only removes the unpleasant taste from the sea-water4 ,the latter method1 in contrast to the first1 requires no critical raw material4 ,from the medical point of view this method must be viewed critically1 as the administration of concentrated salt solutions can produce severe symptoms of poisoning4 8,as the experiments on human beings could thus far only be carried out for a period of #d days1 and as practical demands require a remedy for those who are in distress at sea up to #ab days1 appropriate experiments are necessary4 8,required are #dj healthy test subjects1 who must be available for #d whole weeks4 ,as it is known from previous experiments that necessary laboratories exist in the ,dachau concentration camp1 this camp would be very suitable4 99 99 99 99 99 8,due to the enormous importance which a solution of this question has for soldiers of the ,luftwaffe and ,navy who have become shipwrecked1 ,i would be greatly obliged to you1 my dear ,reich ,minister1 if you would decide to comply with my request40 ,himmler passed this letter to ,grawitz who consulted ,gebhardt and other ,,ss officials4 ,a typical and nauseating ,nazi discussion of racial questions ensued4 ,one ,,ss man suggested using quarantined prisoners and ,jews2 another suggested gypsies4 ,grawitz doubted that experiments on gypsies would yield results which were scientifically applicable to ,germans4 ,himmler finally directed that gypsies be used with three others as a check4 ,the tests were actually begun in ,july #aidd4 ,the defendant ,beiglboeck supervised the experiments1 in the course of which the gypsy subjects underwent terrible suffering1 became delirious or developed convulsions1 and some died4 ,h4 ,epidemic ,jaundice ,the epidemic jaundice experiments1 which took place at ,sachsenhausen and ,natzweiler concentration camps1 were instigated by the defendant ,karl ,brandt4 ,a letter written in #aidc by ,grawitz stresses the enormous military importance of developing an inoculation against epidemic jaundice1 which had spread extensively in the ,waffen ,,ss and the ,german ,army1 particularly in southern ,russia4 ,in some companies1 up to #fj percent casualties from epidemic jaundice had occurred4 ,grawitz further informed ,himmler that1 and ,i quote3 8,the ,general ,commissioner of the ,fuehrer1 ,,ss ,brigadefuehrer ,professor ,dr4 ,brandt1 has approached me with the request to help him obtain prisoners to be used in connection with his research on the causes of ,epidemic ,jaundice which has been furthered to a large degree by his efforts4 99 99 99 ,in order to enlarge our knowledge1 so far based only on inoculation of animals with germs taken from human beings1 it would not be necessary to reverse the procedure and inoculate human beings with germs cultivated in animals4 ,casualties 7,todesfaelle7 must be anticipated40 ,grawitz also had been doing research3 on this problem with the assistance of a ,dr4 ,dohmen1 a medical officer attached to the ,army ,medical ,inspectorate4 ,himmler made the following reply to the ,grawitz letter 7,,no-#jaa73 8,i approve that eight criminals condemned in ,auschwitz 7eight ,jews of the ,polish ,resistance ,movement condemned to death7 should be used for these experiments40 ,other evidence will indicate that the scope of these experiments was subsequently enlarged and that murder1 torture1 and death resulted from them4 ,i4 ,sterilization ,experiments ,in the sterilization experiments conducted by the defendants at ,auschwitz1 ,ravensbrueck1 and other concentration camps1 the destructive nature of the ,nazi medical program comes out most forcibly4 ,the ,nazis were searching for methods of extermination1 both by murder and sterilization1 of large population groups1 by the most scientific and least conspicuous means4 ,they were developing a new branch of medical science which would give them the scientific tools for the planning and practice of genocide4 ,the primary purpose was to discover an inexpensive1 unobtrusive1 and rapid method of sterilization which could be used to wipe out ,russians1 ,poles1 ,jews1 and other people4 ,surgical sterilization was thought to be too slow and expensive to be used on a mass scale4 ,a method to bring about an unnoticed sterilization was thought desirable4 ,medicinal sterilizations were therefore carried out4 ,a ,dr4 ,madaus had stated that caladium seguinum1 a drug obtained from a ,north ,american plant1 if taken orally or by injection1 would bring about sterilization4 ,in #aida the defendant ,pokorny called this to ,himmler's attention1 and suggested that it should be developed and used against ,russian prisoners of war4 ,i quote one paragraph from ,pokorny's letter written at that time 7,,no-#jce73 8,if1 on the basis of this research1 it were possible to produce a drug which after a relatively short time1 effects an imperceptible sterilization on human beings1 then we would have a powerful new weapon at our disposal4 ,the thought alone that the #c million ,bolsheviks1 who are at present ,german prisoners1 could be sterilized so that they could be used as laborers but be prevented from reproduction1 opens the most far-reaching perspectives40 ,as a result of ,pokorny's suggestion1 experiments were conducted on concentration camp inmates to test the effectiveness of the drug4 ,at the same time efforts were made to grow the plant on a large scale in hothouses4 ,at the ,auschwitz concentration camp sterilization experiments were also conducted on a large scale by a ,dr4 ,karl ,clauberg1 who had developed a method of sterilizing women1 based on the injection of an irritating solution4 ,several thousand ,jewesses and gypsies were sterilized at ,auschwitz by this method4 ,conversely1 surgical operations were performed on sexually abnormal inmates at ,buchenwald in order to determine whether their virility could be increased by the transplantation of glands4 ,out of #ad subjects of these experiments1 at least #b died4 ,the defendant ,gebhardt also personally conducted sterilizations at ,ravensbrueck by surgical operation4 ,the defendant ,viktor ,brack1 in ,march #aida1 submitted to ,himmler a report on the progress and state of ,x-ray sterilization experiments4 ,brack explained that it had been determined that sterilization with powerful ,x-rays could be accomplished and that castration would then result4 ,the danger of this ,x-ray method lay in the fact that other parts of the body1 if they were not protected with lead1 were also seriously affected4 ,in order to prevent the victims from realizing that they were being castrated1 ,brack made the following fantastic suggestion in his letter written in #aida to ,himmler1 from which ,i quote 7,,no-#bjc73 8,one way to carry out these experiments in practice would be to have those people who are to be treated line up before a counter4 ,there they would be questioned and a form would be given them to be filled out1 the whole process taking #b or #c minutes4 ,the official attendant who sits behind the counter can operate the apparatus in such a manner that he works a switch which will start both tubes together 7as the rays have to come from both sides74 ,with one such installation with two tubes about #aej to #bjj persons could be sterilized daily1 while #bj installations would take care of #c1jjj to #d1jjj persons daily4 ,in my opinion the number of daily deportations will not exceed this figure40 ,in this same report the defendant ,brack related that1 and ,i quote 7,,no-#bjc73 899 99 99 the latest ,x-ray technique and research make it easily possible to carry out mass sterilization by means of ,x-rays4 ,however1 it appears to be impossible to take these measures without having those who were so treated finding out sooner or later that they definitely had been either sterilized or had been castrated by ,x-rays40 ,another letter from ,brack to ,himmler1 in ,june #aidb1 laid the basis for ,x-ray experiments which were subsequently carried out at ,auschwitz4 ,the second paragraph of this letter forms a fitting conclusion to this account of ,nazi depravity1 and ,i quote 7,,no-#bje73 8,among #aj millions of ,jews in ,europe there are1 ,i figure1 at least #b to #c millions of men and women who are fit enough to work4 ,considering the extraordinary difficulties the labor problem presents us with1 ,i hold the view that these #b to #c millions should be specially selected and preserved4 ,this can1 however1 only be done if at the same time they are rendered incapable to propagate4 ,about a year ago ,i reported to you that agents of mine have completed the experiments necessary for this purpose4 ,i would like to recall these facts once more4 ,sterilization1 as normally performed on persons with hereditary diseases1 is here out of the question because it takes too long and is too expensive4 ,castration by ,x-rays1 however1 is not only relatively cheap but can also be performed on many thousands in the shortest time4 ,i think that at this time it is already irrelevant whether the people in question become aware of having been castrated after some weeks or months1 once they feel the effects40 ,j4 ,typhus 7,fleckfieber7 and ,related ,experiments ,from ,december #aida1 until near the end of the war1 a large program of medical experimentation was carried out upon concentration camp inmates at ,buchenwald and ,natzweiler to investigate the value of various vaccines4 ,this research involved a variety of diseases--typhus1 yellow fever1 smallpox1 paratyphoid ,a and ,b1 cholera1 and diphtheria4 ,a dozen or more of the defendants were involved in these experiments which were characterized by the most cynical disregard of human life4 ,hundreds of persons died4 ,the experiments concerning typhus--known in ,germany as ,fleckfieber or 8spot fever01 but is not to be confused with ,american spotted fever--were particularly appalling4 ,the typhus experiments at ,natzweiler were conducted by ,dr4 ,eugen ,haagen1 an officer in the ,air ,force ,medical ,service and a professor at the ,university of ,strasbourg4 ,in the fall of #aidc1 through the defendant ,sievers1 ,haagen obtained #ajj concentration camp prisoners for experiments with typhus vaccines4 ,two hundred more prisoners were furnished in the summer of #aidd4 ,these experiments caused many fatalities among the prisoners4 ,the general pattern of these typhus experiments was as follows4 ,a group of concentration camp inmates1 selected from the healthier ones who had some resistance to disease1 were injected with an anti-typhus vaccine1 the efficacy of which was to be tested4 ,thereafter1 all the persons in the group would be infected with typhus4 ,at the same time1 other inmates who had not been vaccinated were also infected for purposes of comparison--these unvaccinated victims were called the 8control0 group4 ,but perhaps the most wicked and murderous circumstance in this whole case is that still other inmates were deliberately infected with typhus with the sole purpose of keeping the typhus virus alive and generally available in the bloodstream of the inmates4 ,the typhus murders at ,buchenwald were carried out in #aidb and #aidc under the direction of the defendants ,genzken and ,mrugowsky4 ,requests for the human guinea pigs were turned over to1 and filled by1 the defendant ,hoven4 ,the bulk of the actual work was done by an infamous physician known as ,dr4 ,ding1 who committed suicide after the war4 ,but ,dr4 ,ding's professional diary has survived4 ,the first entry in ,ding's diary1 for #bi ,december #aida1 reveals that here again the impetus for these murderous researches came from the ,wehrmacht4 ,this entry describes a conference sponsored by the defendant ,handloser and ,dr4 ,conti1 respective heads of the military and civilian medical services of the ,reich1 which was also attended by the defendant ,mrugowsky4 ,typhus had been making serious inroads on the ,german troops fighting in ,russia4 ,the account of this conference relates that1 and ,i quote 7,,no-#bfe73 8,since tests on animals are not of sufficient value1 tests on human beings must be carried out40 ,other entries in the ,ding diary quoted below are typical of those made over a period of #c years1 and give some idea of the mortality among the victims4 7,,no-#bfe47 8#aj ,jan #db3 ,preliminary test ,b3 ,preliminary test to establish a sure means of infection3 ,much as in smallpox vaccination1 #e persons were infected with virus through #b superficial and #b deeper cuts in the upper arm4 ,all of the humans used for this test fell ill with true typhus4 ,incubation period up to #f days4 8#bj ,feb #db3 ,chart of the case history of the preliminary tests to establish a sure means of infection were sent to ,berlin4 ,one death out of five sick4 8#ag ,mar #db3 ,visit of ,prof4 ,gildemeister and ,prof4 ,rose 7department head for tropical medicine of the ,robert ,koch ,institute7 at the experimental station4 ,all persons experimented on fell sick with typhus1 except two1 who1 the fact was established later1 already had been sick with typhus during an epidemic at the police prison in ,berlin4 8#i ,jan #dc3 ,by order of the surgeon general of the ,waffen ,,ss1 ,,ss ,gruppenfuehrer and ,major ,general of the ,waffen ,,ss1 ,dr4 ,genzken1 the hitherto existing typhus research station at the concentration camp ,buchenwald becomes the #8,department for ,typhus and ,virus ,research'4 ,the head of the department will be ,,ss ,sturmbannfuehrer ,dr4 ,ding4 ,during his absence1 the station medical officer of the ,waffen ,,ss1 ,weimar1 ,,ss ,hauptsturmfuehrer ,hoven will supervise the production of vaccines4 8#ac and #ad ,apr #dc3 ,unit of ,,ss ,sturmbannfeuhrer ,dr4 ,ding ordered to ,i4 ,g4 ,farbenindustrie ,a4 ,g41 ,hoechst4 ,conference with ,prof4 ,lautenschlaeger1 ,dr4 ,weber and ,dr4 ,fussgaenger about the experimental series #8,acridine ,granulate and ,rutenol' in the concentration camp ,buchenwald4 ,visit to ,geheimrat ,otto and ,prof4 ,prigge in the institute for experimental therapeutics in ,frankfurt-on-,main4 8#bd ,apr #aidc3 ,therapeutic experiments ,acridine ,granulate 7,a-,,gr#b7 and ,rutenol 7,r-#b7 to carry out the therapeutic experiments ,acridine ,granulate and ,rutenol1 #cj persons 7#ae each7 and #i persons for control were infected by intravenous injection of #b cc4 each of fresh blood of a typhus sick person4 ,all experimental persons got very serious typhus4 8#a ,jun #aidc3 ,charts of case history completed4 ,the experimental series was concluded with #ba deaths2 of these1 #h were in ,buchenwald1 #h with ,rutenol and #e control4 8#g ,sep #aidc3 ,chart and case history completed4 ,the experimental series was concluded with #ec deaths4 8#h ,mar-#ah ,mar #aidd3 ,it is suggested by ,colonel of this air corps1 ,prof4 ,rose1 the vaccine #8,kopenhagen'1 produced from mouse liver by the ,national ,serum ,institute in ,kopenhagen1 be tested for its compatibility on humans4 ,twenty persons were vaccinated for immunization by intramuscular injection4 99 99 99 ,ten persons were contemplated for control and comparison4 8#af ,apr #aidd3 ,the remaining experimental persons were infected on #af ,april by subcutaneous injection of #a_/bj cc4 typhus sick fresh blood4 ,the following feel sick3 #ag persons immunized3 #i medium1 #h seriously4 ,nine persons from the control3 #b medium1 #g seriously4 8#ac ,jun #aidd3 ,chart and case history completed and sent to ,berlin4 ,six deaths 7#c #8,kopenhagen'7 7#c control74 8#d ,nov #aidd3 ,chart and case history completed4 ,twenty-four deaths40 ,copies of each of ,dr4 ,ding's official reports went to the defendants ,mrugowsky and ,poppendick as well as to the ,i4 ,g4 ,farben laboratories at ,hoechst4 ,nowhere will the evidence in this case reveal a more wicked and murderous course of conduct by men who claimed to practice the healing art than in the entries of ,dr4 ,ding's diary relating to the typhus experiments4 ,k4 ,poison ,experiments ,here again the defendants were studying how to kill1 and the scene is ,buchenwald4 ,poisons were administered to ,russian prisoners of war in their food1 and ,german doctors stood behind a curtain to watch the reactions of the prisoners4 ,some of the ,russians died immediately1 and the survivors were killed in order to permit autopsies4 ,the defendant ,mrugowsky1 in a letter written in ,september #aidd1 has provided us with a record of another experiment in which the victims were shot with poisoned bullets1 and ,i quote 7,,no-#bja73 8,in the presence of ,,ss ,sturmbannfuehrer ,dr4 ,ding1 ,dr4 ,widmann and the undersigned1 experiments with aconitin nitrate projectiles were conducted on #aa ,september #aidd on #e persons who had been condemned to death4 ,the projectiles in question were of a #g4fe mm4 caliber1 filled with crystallized poison4 ,the experimental subjects1 in a lying position1 were each shot in the upper part of the left thigh4 ,the thighs of two of them were cleanly shot through4 ,afterwards1 no effect of the poison was to be observed4 ,these two experimental subjects were therefore exempted4 99 99 99 99 99 8,during the first hour of the experiment the pupils did not show any changes4 ,after #gh minutes the pupils of all three showed a medium dilation1 together with a retarded light reaction4 ,simultaneously1 maximum respiration with heavy breathing inhalations set in4 ,this subsided after a few minutes4 ,the pupils contracted again and their reaction improved4 ,after #fe minutes the patellar and achilles tendon reflexes of the poisoned subjects were negative4 ,the abdominal reflexes of two of them were also negative4 ,after approximately #ij minutes1 one of the subjects again started breathing heavily2 this was accompanied by an increasing motor unrest4 ,then the heavy breathing changed into a flat1 accelerated respiration1 accompanied by extreme nausea4 ,one of the poisoned persons tried in vain to vomit4 ,to do so he introduced four fingers of his hand up to the knuckles into his throat1 but nevertheless could not vomit4 ,his face was flushed4 8,the other two experimental subjects had already early shown a pale face4 ,the other symptoms were the same4 ,the motor unrest increased so much that the persons flung themselves up and then down1 rolled their eyes and made meaningless motions with their hands and arms4 ,finally the agitation subsided1 the pupils dilated to the maximum1 and the condemned lay motionless4 99 99 99 ,death occurred #aba1 #abc1 and #abi minutes after entry of the projectile40 ,l4 ,incendiary ,bomb ,experiments ,these experiments were likewise carried out at ,buchenwald1 and the ,ding diary gives us the facts4 ,in ,november #aidc five persons were deliberately burned with phosphorous material taken from an ,english incendiary bomb4 ,the victims were permanently and seriously injured4 ,m4 ,jewish ,skeleton ,collection ,i come now to charges stated in paragraphs #g and #aa of the indictment4 ,these are perhaps the most utterly repulsive charges in the entire indictment4 ,they concern the defendants ,rudolf ,brandt and ,sievers4 ,sievers and his associates in the ,ahnenerbe ,society were completely obsessed by all the vicious and malignant ,nazi racial theories4 ,they conceived the notion of applying these nauseous theories in the field of anthropology4 ,what ensued was murderous folly4 ,in ,february #aidb1 ,sievers submitted to ,himmler1 through ,rudolf ,brandt1 a report from which the following is an extract 7,,no-#jhe73 8,we have a nearly complete collection of skulls of all races and peoples at our disposal4 ,only very few specimens of skulls of the ,jewish race1 however1 are available with the result that it is impossible to arrive at precise conclusions from examining them4 ,the war in the ,east now presents us with the opportunity to overcome this deficiency4 ,by procuring the skulls of the ,jewish-,bolshevik ,commissars1 who represent the prototype of the repulsive1 but characteristic subhuman1 we have the chance now to obtain a palpable1 scientific document4 8,the best1 practical method for obtaining and collecting this skull material could be handled by directing the ,wehrmacht to turn over alive all captured ,jewish-,bolshevik ,commissars to the ,field ,police4 ,they in turn are to be given special directives to inform a certain office at regular intervals of the number and place of detention of these captured ,jews and to give them special close attention and care until a special delegate arrives4 ,this special delegate1 who will be in charge of securing the #8material' has the job of taking a series of previously established photographs1 anthropological measurements1 and in addition has to determine1 as far as possible1 the background1 date of birth1 and other personal data of the prisoner4 ,following the subsequently induced death of the ,jew1 whose head should not be damaged1 the delegate will separate the head from the body and will forward it to its proper point of destination in a hermetically sealed tin can1 especially produced for this purpose and filled with a conserving fluid4 8,having arrived at the laboratory1 the comparison tests and anatomical research on the skull1 as well as determination of the race membership of pathological features of the skull form1 the form and size of the brain1 etc41 can proceed4 ,the basis of these studies will be the photos1 measurements1 and other data supplied on the head1 and finally the tests of the skull itself40 ,after extensive correspondence between ,himmler and the defendants ,sievers and ,rudolf ,brandt1 it was decided to procure the skulls from inmates of the ,auschwitz concentration camp instead of at the front4 ,the hideous program was actually carried out1 as is shown by a letter from ,sievers written in ,june #aidc1 which states in part 7,,no-#jhg73 8,i wish to inform you that our associate1 ,dr4 ,beger1 who was in charge of the above special project1 has interrupted his experiments in the concentration camp ,auschwitz because of the existing danger of epidemics4 ,altogether #aae persons were worked on1 #gi were ,jews1 #cj were ,jewesses1 #b were ,poles1 and #d were ,asiatics4 ,at the present time these prisoners are segregated by sex and are under quarantine in the two hospital buildings of ,auschwitz40 ,after the death of these wretched ,jews had been 8induced0 their corpses were sent to ,strasbourg4 ,a year elapsed1 and the ,allied armies were racing across ,france and were nearing ,strasbourg where this monstrous exhibit of the culture of the master race reposed4 ,alarmed1 ,sievers sent a telegram to ,rudolf ,brandt in ,september #aidd1 from which ,i quote3 8,according to the proposal of #i ,february #aidb1 and your approval of #bc ,february #aidb1 ,professor ,dr4 ,hirt has assembled a skeleton collection which has never been in existence before4 ,because of the vast amount of scientific research that is connected with this project1 the job of reducing the corpses to skeletons has not yet been completed4 ,since it might require some time to process #hj corpses1 ,hirt requested a decision pertaining to the treatment of the collection stored in the morgue of the ,anatomy1 in case ,strasbourg should be endangered4 ,the collection can be defleshed and rendered unrecognizable4 ,this1 however1 would mean that the whole work had been done for nothing--at least in part--and that this singular collection would be lost to science1 since it would be impossible to make plaster casts afterwards4 ,the skeleton collection1 as such is inconspicuous4 ,the flesh parts could be declared as having been left by the ,french at the time we took over the ,anatomy and would be turned over for cremating4 ,please advise me which of the following three proposals is to be carried out3 7#a7 ,the collection as a whole is to be preserved4 7#b7 ,the collection is to be dissolved in part4 7#c7 ,the collection is to be completely dissolved40 ,the final chapter of this barbaric enterprise is found in a note in ,himmler's files addressed to ,rudolf ,brandt stating that3 8,during his visit at the ,operational ,headquarters on #ba ,november #aidd1 ,sievers told me that the collection in ,strasbourg had been completely dissolved in conformance with the directive given him at the time4 ,he is of the opinion that this arrangement is for the best in view of the whole situation40 ,these men1 however1 reckoned without the hand of fate4 ,the bodies of these unfortunate people were not completely disposed of1 and this ,tribunal will hear the testimony of witnesses and see pictorial exhibits depicting the charnel house which was the ,anatomy ,institute of the ,reich ,university of ,strasbourg4 ,i have now completed the sketch of some of the foul crimes which these defendants committed in the name of research4 ,the horrible record of their degradation needs no underlining4 ,but ,german medical science was in past years honored throughout the world1 and many of the most illustrious names in medical research are ,german4 ,how did these things come to pass8 ,i will outline briefly the historical evidence which we will offer and which1 ,i believe1 will show that these crimes were the logical and inevitable outcome of the prostitution of ,german medicine under the ,nazis4 ,,german ,,medical ,,organization ,before #aicc ,two years after the reconstitution of the ,german ,reich1 in #ahga1 the ,german ,medical ,association 7,deutscher ,aerztevereinsbund7 was created1 which tied together the older local medical associations4 ,this society existed until it was abolished by the ,nazi ,government4 ,its structure was democratic1 and its interests included problems of hygiene and public health1 and to an increasing extent1 socio-medical problems especially in the field of sickness and disability insurance4 ,bismarck's legislation of #ahha established compulsory sickness insurance for workmen4 ,in the course of the ensuing years1 the vast bulk of the workmen were insured1 and consequently most of the ordinary physician's patients came to be insured patients4 ,there were lists of physicians authorized to treat insured patients1 and it was a matter of vital moment to every practicing physician to be listed4 ,to protect their interest with respect to listing1 fees1 and other such problems1 the ,german doctors founded a voluntary association for the defense of their economic interests known as the ,hartmann ,bund4 ,questions of professional ethics1 medical malpractice1 etc41 were handled in ,germany in two distinct sets of medical boards or 8,courts40 ,an entirely unofficial and voluntary system was established by the ,german ,medical ,association4 ,the other1 which was endowed with semi-official status1 was called the ,reich ,chamber of ,physicians4 ,these chambers were elected by vote of the members and were supported by an assessment4 ,in addition to these organizations1 there existed in ,germany purely professional societies of doctors1 where papers concerning scientific and practical problems were read and discussed1 and which established connections with similar societies abroad4 ,the ,german ,government agencies which supervised the certification and licensing of physicians as well as their professional activities were the ,ministry of ,education and the ,reich ,health ,office 7,reichsgesundheitsamt7 in the ,ministry of the ,interior4 ,the latter supervised medical practice and licensing through the channels of the ,ministries of the ,interior of the various ,german states1 although licensing was a federal function rather than a state function4 ,medical education and training were rather standardized but good4 ,the students spent #e or #f years at one of several of the medical universities2 they took a final examination covering their clinical studies and then spent a year at an authorized hospital under supervision4 ,thereafter the interns were licensed and permitted to establish a practice4 ,after two more years they became eligible to treat insurance patients1 and1 after submitting a thesis1 could obtain the degree of doctor from a university4 ,immediate ,impact of ,nazism on ,german ,medicine ,in the years immediately preceding the ,third ,reich1 physicians' organizations devoted to ,party politics sprang up4 ,one of these was the ,national ,socialist ,physicians' ,society1 founded in #aibi1 in which ,conti played a leading role4 ,there was a rival association of ,social ,democratic ,physicians1 and a ,socialist ,society of ,physicians4 ,these societies proposed candidates for election to the ,physicians' ,chambers1 and thus the ,national ,socialist ,physicians' ,society and the ,socialist associations came to compete with each other4 ,the notorious 8boycott day0 in ,berlin1 #a ,april #aicc1 was a day of disgrace for ,german medicine4 ,members of the ,national ,socialist ,physicians' ,society1 who knew the membership lists of the ,socialist societies and the lists of ,jewish physicians1 broke into the apartments of their ,socialist and ,jewish colleagues in the early morning hours1 pulled them out of their beds1 beat them and brought them to the exhibition area near the ,berlin ,lehrter ,station4 ,there1 all of them1 including men up to #gj years old1 were forced to run around the garden1 as in a hippodrome1 and they were shot at with pistols or beaten with sticks4 ,there they had to stay for several days without sufficient food1 and then were handed over to the ,,sa which carried part of them to the cellars at the ,hedemannstrasse jail for further tortures4 ,thereafter1 the members of the ,socialist ,society of ,physicians were barred from all insurance practice because of 8,communist and subversive activities40 ,in the subsequent listings of physicians issued by the insurance companies1 the ,jewish physicians were included in a separate list headed 8,enemies of the ,state or ,jews40 ,soon1 the insurance companies1 even private ones1 were no longer permitted to pay fees to the ,jewish physicians4 ,immediately thereafter1 ,jewish physicians were excluded from all professional and scientific societies4 ,at first1 those who were war veterans were nominally allowed to carry on their insurance practice1 but patients who kept going to them were threatened and exposed to all kinds of unpleasantness on the part of the insurance officials4 ,after the war began1 certification and licensing were withdrawn from all ,jewish physicians and they were degraded to the status of lay therapists4 ,these physicians were forced to wear a blue shield with the ,star of ,david and had to add a middle name such as 8,sarah0 or 8,israel40 ,their prescriptions likewise had to bear the ,star of ,david1 which exposed their patients to all kinds of unpleasantness when filling them at pharmacies1 most of which had signs in their windows reading 8,jews not wanted40 ,at first1 the ,aryan physicians were allowed to treat ,jewish patients1 but finally they were prohibited from doing so4 ,hospitals refused admission to ,jewish patients1 apart from a few courageous ones who admitted them in defiance of the law4 ,jews were admitted to mental institutions in separate wards1 but usually were quickly transported elsewhere for extermination4 ,in the early summer of #aidc1 ,conti instigated and directed a wholesale persecution of doctors who were either foreigners or persons of so-called mixed blood and those related by marriage to ,jews4 ,at first1 they were removed from their practice and sent off to posts under inferior ,party doctors4 ,in #aidd1 ,conti went a step further and forbade these physicians to practice4 ,they were drafted into the ,speer organization1 in which they were employed solely at manual labor1 their living conditions being little better than those of concentration camp inmates4 ,prostitution of ,german ,medicine ,under ,national ,socialism ,the totalitarian structure of the ,nazi ,state demanded fundamental subordination of all principles of medicine to ,national ,socialist population policy and racial concepts4 ,the most emphatic and repelling expression of those new aims and goals came from the ,nazi ,director of ,public ,health in the ,ministry of the ,interior1 ,dr4 ,arthur ,guett1 who took office in #aicc4 ,in a book published in #aice entitled 8,the ,structure of ,public ,health in the ,third ,reich10 ,guett announced that 8the ill-conceived #8love of thy neighbor' has to disappear1 especially in relation to inferior or asocial creatures4 ,it is the supreme duty of a national state to grant life and livelihood only to the healthy and hereditarily sound portion of the people in order to secure the maintenance of a hereditarily sound and racially pure folk for all eternity4 ,the life of an individual has meaning only in the light of that ultimate aim1 that is1 in the light of his meaning to his family and to his national state40 ,the entire public health policy of the ,third ,reich was put in line with this pronouncement of principles4 ,the ,minister of the ,interior1 ,frick1 reorganized the ,health ,department in his ministry in such a way that police1 public health1 welfare administration and social services were all coordinated in pursuit of these goals4 ,the beginnings of this reorganization started already in the summer of #aicc and were substantially completed by #aicf4 ,all these activities were concentrated under ,dr4 ,guett1 who was thus enabled to coordinate the practical application of his policy with his theoretical principles4 ,even psychiatric social service agencies1 which did thorough and well-organized work prior to #aicc1 were reduced to mere screening stations for hereditary and racial selection4 ,all government-employed physicians had to take a special new course lasting #ah months and had to be ,party members4 ,the ,german ,red ,cross was likewise drawn into the orbit of the ,nazi ,party and the ,,ss1 in view of ,dr4 ,grawitz' appointment as president of the ,red ,cross4 ,in #aide1 after ,grawitz' suicide1 the defendant ,gebhardt succeeded him4 ,the ,third ,reich also completely reorganized the professional medical societies4 ,the ,german ,medical ,association and the ,hartmann ,bund were abolished4 ,all ,german physicians were reorganized through an organization derived from the ,reich ,physicians' ,chamber4 ,this ,national ,physicians' ,chamber was placed directly under a medical 8fuehrer0 with the title of 8,reichsaerztefuehrer40 ,this position was also held by ,conti4 ,all doctors except those on active military duty were subordinate to him4 ,his regional deputies were selected from the ranks of active ,national ,socialists who terrorized the district branch societies4 ,these deputies1 who usually strutted about in ,,sa or ,,ss uniforms1 were recruited mainly from the early members of the ,national ,socialist ,medical ,association4 ,it was their job to bring pressure on physicians to join and take part in various party organizations1 such as the ,,sa and ,,ss4 ,a command performance1 especially for younger physicians1 was attendance at the so-called ,fuehrer-,school of ,german ,physicians at ,altrehse in ,mecklenburg1 which had been organized by the defendant ,blome4 ,there physicians were indoctrinated in the ,national ,socialist point of view and way of life4 ,the so-called comradely association and sports activity were merely window dressing for political spying4 ,these courses finally became compulsory and had to be attended for several months annually4 ,the general respect1 in which doctors were held1 sunk in view of the decreasing level of general education and ability of the doctors4 ,this was partly due to the constant occupation of the physicians' time with ,party functions1 especially the time-consuming ,party formations and marches which made it impossible for young physicians to develop scientific interests1 so that recent graduates increasingly lost understanding and inclination for serious scientific study and long-range research4 ,medical ,school and ,medical ,training ,under the ,nazis ,on paper1 medical training under the ,nazis differed little from that of the pre-,nazi era4 ,however1 its fundamental spirit was ruinously distorted and medical standards suffered a dismal decline4 ,medical students had to be 8,aryan10 and were required to belong to the ,national ,socialist ,students' ,league4 ,the students' entire course of studies was constantly interrupted by the demands of the various party organizations to which they were forced to belong4 ,a student whose knowledge of the racial theories and ,nuernberg laws was not sufficient would fail his medical examinations4 ,chairs in the universities were filled in many cases by ,nazi so-called 8professors0 who might or might not have a scientific background4 ,the true scientific societies under the ,nazi regime became less and less active1 and the ,nazi professors in the universities devoted more time and interest to their ,,sa or ,,ss organizations than to the teaching of medicine4 ,these ,nazi professors would don their brown ,,sa or black ,,ss uniforms on all possible occasions1 exchanging them proudly for their academic gowns at all academic celebrations and meetings4 ,the worst ,nazi politicians1 like ,streicher1 were given the free run of university clinics1 such as at ,erlangen4 ,this submissiveness to lay politicians led to a general decline of respect for ,german academic medicine not only on the part of their own public and abroad but even on the part of the very same politicians before whom they kowtowed4 ,this went so far that ,streicher1 when addressing a full faculty meeting at the ,university of ,erlangen in #aicf1 called the assembled professors 8complete idiots0 to their faces4 ,this was by no means an isolated occurrence4 ,particularly deplorable was the degradation of psychiatry4 ,psychiatric university teaching declined to the level of a mere rehashing of the ,nuernberg and sterilization laws4 ,the modern techniques of psychotherapy had been abandoned1 and treatment deteriorated to pep talks full of ,nazi indoctrination admonitions and threats4 ,no wonder that these methods backfired against the best interest of the ,german war effort which they were foolishly intended to serve4 ,the lack of proper understanding and treatment of ,german soldiers who developed combat fatigue or neuroses1 on the part of their own medical personnel1 drove many of them to surrender to the enemy2 efforts to rehabilitate them and restore them to duty were frustrated by the ruinous infusion of ,nazi doctrine4 ,summary ,the general decline of ,german medical conduct and the poisoning of ,german medical ethics which the ,nazis brought about laid the basis for the atrocious experiments of which the defendants are accused4 ,many of these were experiments in name only2 we will show them to have been senseless and clumsy and of no real value to medicine as a healing art4 ,the ,nazi medical world was flooded with preposterous and wicked notions about superior and inferior races and developed a perverted moral outlook in which cruelty to subjugated races and peoples was praiseworthy4 ,training in ,,sa and ,,ss formations was hardly calculated to develop physicians who could comprehend even the bare elements of the doctor-patient relationship4 ,in this noxious garden of lies1 the seeds of the experiments were planted4 ,in the climate of ,nazi ,germany1 they grew with horrible rapidity4 ,,crimes ,,of ,,mass ,,extermination2 ,,murder ,,of ,,polish ,,nationals ,from the preaching of ,guett and others sprang the notions which underlie the crimes to which we will now turn4 ,here we leave behind all semblance1 however fictitious1 of science and research4 ,under these teachings1 life and livelihood became the birthright of no one4 ,the weak and the physically handicapped are in the way and must be pushed aside4 ,inferior peoples are born to be exterminated by the ,herrenvolk4 ,the charges in paragraphs #h and #ac of the indictment concern the defendants ,blome and ,rudolf ,brandt4 ,the original impetus for this terrible mass murder came from a fiend named ,greiser1 who was the ,german ,governor of the northwest portions of ,poland1 which had been absorbed into the ,reich under the name 8,wartheland40 ,early in #aidb1 ,greiser was in the process of exterminating thousands of ,jews in his territory1 and he decided to turn his attention next to ,poles infected with tuberculosis4 ,i call the ,tribunal's special attention to the ,german word 8,sonderbehandlung40 ,in the next document1 as will be shown1 it occurs frequently in ,nazi correspondence and was used by them to mean extermination4 ,in ,may #aidb1 ,greiser wrote to ,himmler as follows 7,,no-#bdf73 8,the special treatment ,sonderbehandlung of about #ajj1jjj ,jews in the territory of my district approved by you in agreement with the ,chief of the ,reich ,security ,main ,office1 ,,ss ,obergruppenfuehrer ,heydrich1 can be completed within the next #b to #c months4 ,i ask you for permission to rescue the district immediately after the measures are taken against the ,jews1 from a menace1 which is increasing week by week1 and to use the existing and efficient special commandos for that purpose4 8,there are about #bcj1jjj people of ,polish nationality in my district who were diagnosed to suffer from tuberculosis4 ,the number of persons infected with open tuberculosis is estimated at about #ce1jjj4 ,this fact has led in an increasing frightening measure to the infection of ,germans1 who came to the ,warthegau perfectly healthy4 ,in particular1 reports are received with ever-increasing effect of ,german children in danger of infection4 ,a considerable number of well-known leading men1 especially of the police1 have been infected lately and are not available for the war effort because of the necessary medical treatment4 ,the ever-increasing risks were also recognized and appreciated by the deputy of the ,reich ,leader for ,public ,health 7,reichsgesundheitsfuehrer7 ,comrade ,professor ,dr4 ,blome as well as by the leader of your ,x-ray battalion ,,ss ,standartenfuehrer ,professor ,dr4 ,hohlfelder4 8,though in ,germany proper it is not possible to take appropriate draconic steps against this public plague1 ,i think ,i could take responsibility for my suggestion to have cases of open ,,tb exterminated among the ,polish race here in the ,warthegau4 ,of course only a ,pole should be handed over to such an action1 who is not only suffering from open tuberculosis1 but whose incurability is proved and certified by a public health officer4 8,considering the urgency of this project ,i ask for your approval in principle as soon as possible4 ,this would enable us to make the preparations with all necessary precautions now to get the action against the ,poles suffering from open tuberculosis under way1 while the action against the ,jews is in its closing stages40 ,greiser's proposal was supported in a letter from one1 ,koppe1 the ,,ss and police leader in that region1 to the defendant ,rudolf ,brandt1 to which ,brandt replied stating that the matter was under consideration and that the final decision would rest with ,hitler4 ,late in ,june1 ,himmler sent a 8favorable0 reply to ,greiser cautioning him1 however1 that the exterminations should be carried out inconspicuously4 ,thereafter1 consultations as to how to carry out the measure occurred between ,greiser1 ,dr4 ,hohlfelder1 and the defendant ,blome4 ,the views of ,blome are embodied in a letter from him to ,greiser written in ,november #aidb4 ,this letter contains an indescribably brutal analysis of the situation1 in which ,blome expresses agreement with the view that extermination of the tubercular ,poles is the simplest and most logical solution1 and expresses doubt as to its desirability only in that it would be difficult to keep such widespread slaughter secret1 and that ,hitler might think the program politically inexpedient if the facts should ever come out4 ,i quote from the letter of defendant ,blome 7,,no-#bej73 8,it was calculated that in #aici there were among the ,poles about #ce1jjj persons suffering from open tuberculosis and1 besides this number1 about #abj1jjj other consumptives in need of treatment4 99 99 99 8,with the settlement of ,germans in all parts of the ,gau an enormous danger has arisen for them4 ,a number of cases of infection of settled children and adults occurs daily4 99 99 99 99 99 8,therefore1 something basic must be done soon4 ,one must decide the most efficient way in which this can be done4 ,there are three ways to be taken into consideration3 #a4 ,special treatment ,sonderbehandlung of the seriously ill persons4 #b4 ,most rigorous isolation of the seriously ill persons4 #c4 ,creation of a reservation for all ,,tb patients4 8,for the planning1 attention must be paid to different points of view of a practical1 political1 and psychological nature4 ,considering it most soberly1 the simplest way would be the following3 ,aided by the ,x-ray battalion ,roentgen ,sturmbann we could reach the entire population1 ,german and ,polish1 of the ,gau during the first half of #aidc4 ,as to the ,germans1 the treatment and isolation are to be prepared and carried out according to the regulations for ,tuberculosis ,relief ,tuberkulosehilfe4 8,the approximately #ce1jjj ,poles who are incurable and infectious will be #8specially treated' sonderbehandelt4 ,all other ,polish consumptives will be subjected to an appropriate cure in order to save them for work and to avoid their causing contagion4 8,according to your request ,i made arrangements with the offices in question1 in order to start and carry out this radical procedure within half a year4 ,you told me1 that the competent office agreed with you as to this #8special treatment' and promised support4 ,before we definitely start the program1 ,i think it would be correct if you would make sure once more that the ,fuehrer will really agree to such a solution4 99 99 99 99 99 8,there can be no doubt that the intended program is the most simple and most radical solution4 ,if absolute secrecy could be guaranteed1 all scruples--regardless of what nature--could be overcome4 ,but ,i consider maintaining secrecy impossible4 ,experience has taught us that this assumption is true4 ,should those sick persons1 having been brought1 as planned1 to the old ,reich supposedly to be treated or healed1 and they actually never return1 the relatives of those sick persons in spite of the greatest secrecy would some day notice #8that something was not quite right'4 99 99 99 99 99 8,therefore1 ,i think it necessary to explain all those points of view to the ,fuehrer before undertaking the program1 as1 in my opinion he is the only one able to view the entire complex and to come to a decision40 ,the prosecution will introduce evidence to show that the program was in fact carried out at the end of #aidb and the beginning of #aidc1 and that as a result of the suggestions made by ,blome and ,greiser1 many ,poles were ruthlessly exterminated and that others were taken to isolated camps1 utterly lacking in medical facilities1 where thousands of them died4 ,,euthanasia ,on #a ,september #aici1 the very day of the ,german attack on ,poland1 and after a great deal of discussion between ,dr4 ,karl ,brandt1 ,dr4 ,leonardo ,conti1 ,philipp ,bouhler1 the ,chief of the ,chancellery of the ,fuehrer1 and others1 ,hitler issued the following authority to the defendant ,karl ,brandt 7#fcj-,,ps73 8,reichsleiter ,bouhler and ,dr4 ,brandt1 ,m4 ,d41 are charged with the responsibility of enlarging the authority of certain physicians to be designated by name in such a manner that persons who1 according to human judgment1 are incurable can1 upon a most careful diagnosis of their condition of sickness1 be accorded a mercy death4 ,signed ,,adolf ,,hitler0 ,after the receipt of this order1 an organization was set up to execute this program1 ,karl ,brandt headed the medical section and ,philipp ,bouhler1 the administrative section4 ,the defendant ,hoven1 as chief surgeon of the ,buchenwald concentration camp1 took part in the program and personally ordered the transfer of at least #cjj to #djj ,jewish inmates of different nationalities1 mostly non-,german1 to their death in the euthanasia station at ,bernburg4 ,the defendants ,brack and ,blome participated in their capacities as assistants to ,bouhler and ,conti4 ,questionnaires were forwarded to the ,ministry of the ,interior from the various institutes and were then submitted to ,karl ,brandt and his staff for an expert opinion in order to determine the status of each patient4 ,then each of those experts indicated his opinion as to the eventual disposition of the patient2 that is1 whether or not the patient should be transferred to a killing station4 ,the questionnaires were supposedly returned to the ,ministry of the ,interior1 which1 in turn1 sent lists of the doomed patients to the different insane asylums1 ordering the directors of the asylums to hand over the patients to a thing called the ,general ,sick ,transport ,corporation for transfer to the particular stations where the killings took place4 ,this ,transport ,corporation was not a real organization1 but one of the code names used to disguise the true nature of the activities4 ,the patients were then transferred to the station where they were immediately killed4 ,this entire procedure took place without the consent of the relatives1 but the relatives did receive a death certificate on which the cause of death was falsified4 ,the ,euthanasia ,program was an open secret in top ,nazi circles4 ,however1 every possible effort had been made to keep it from the public in order to avoid intervention by the churches4 ,in spite of all these precautions1 it became commonly known in ,germany as early as the summer of #aidj that these killings were going on and church authorities1 as well as various legal officials1 tried in vain to stop the killings4 ,typical of the letters reaching the ,minister of ,justice and the ,minister of ,interior is the following3 ,addressed to ,the ,reich ,minister of ,justice3 8,i have a schizophrenic son in a ,wuerttemberg mental institution4 ,i am shocked about the following absolutely reliable information4 8,since some weeks insane persons are being taken from the institutions allegedly on the grounds of military evacuation4 ,the directors of the institutions are enjoined to absolute secrecy4 ,shortly afterwards the relatives are informed that the sick person has died of encephalitis4 ,the ashes are available if so desired4 ,this is plain murder just as in the concentration camps4 ,this measure uniformly emanates from the ,,ss in ,berlin4 ,the institutions dare not inform the authorities4 ,inquire at once at ,rottenmuenster1 ,schassenried1 ,winzertal1 all in ,wuerttemberg4 ,have the lists of #b months ago examined and submitted to you1 check upon the inmates who are there now and ask where the missing persons went to4 ,for #g years now this gang of murderers have defiled the ,german name4 ,if my son is murdered1 woe6 ,i shall take care that these crimes will be published in all foreign newspapers4 ,the ,,ss may deny it as they always do4 ,i shall demand prosecution by the public prosecutor4 8,i cannot give my name nor the institution where my son is1 otherwise ,i1 too1 won't live much longer4 ,heil ,hitler ,oberregierungsrat ,n40 ,if this program had stayed within the bounds set forth in ,hitler's letter to ,karl ,brandt1 it would have been bad enough4 ,we may pass over as quite irrelevant any such question as whether mercy killing may not in some circumstances be desirable1 and whether a statute authorizing mercy killings under proper safeguards would be valid4 ,such questions may be debatable1 but they do not confront us here4 ,no ,german law authorizing mercy killings was ever adopted4 ,hitler's memorandum to ,brandt and ,bouhler was not a law1 not even a ,nazi law4 ,it was not intended to be a law or regarded as such even by the top ,nazi officials4 ,that is why the program was carried out with the utmost secrecy4 ,the program was known to be utterly illegal by those who were in charge of it2 they knew it was nothing but murder4 ,this is brought out very clearly in a letter from ,himmler to the defendant ,brack in ,december #aidj 7,,no-#jah73 8,dear ,brack3 8,i hear there is great excitement on the ,alb because of the institution ,grafeneck4 8,the population recognizes the gray automobile of the ,,ss and think they know what is going on at the constantly smoking crematory4 ,what happens there is a secret and yet is no longer one4 ,thus the worst feeling has arisen there1 and in my opinion there remains only one thing1 to discontinue the use of the institution in this place and in any event disseminate information in a clever and sensible manner by showing motion pictures on the subject of inherited and mental diseases in just that locality4 8,may ,i ask for a report as to how the difficult problem was solved40 ,but there are more fundamental matters here4 ,the program did not stay even within the bounds of the secret ,hitler authority4 ,euthanasia became merely a polite word for the systematic slaughter of ,jews and many other categories of persons useless or unfriendly to the ,nazi regime4 ,the evidence before the ,international ,military ,tribunal proved this clearly1 and the judgment states1 and ,i quote3#aa 8,reference should also be made to the policy which was in existence in ,germany by the summer of #aidj1 under which all aged1 insane1 and incurable people1 #8useless eaters'1 were transferred to special institutions where they were killed1 and their relatives informed that they had died from natural causes4 ,the victims were not confined to ,german citizens1 but included foreign laborers1 who were no longer able to work1 and were therefore useless to the ,german war machine4 ,it has been estimated that at least some #bge1jjj people were killed in this manner in nursing homes1 hospitals1 and asylums1 which were under the jurisdiction of the defendant ,frick1 in his capacity as ,minister of the ,interior4 ,how many foreign workers were included in this total it has been quite impossible to determine40 ,i quote one more paragraph from the decision3#ab 8,during the war nursing homes1 hospitals1 and asylums in which euthanasia was practiced as described elsewhere in this judgment1 came under ,frick's jurisdiction4 ,he had knowledge that insane1 sick and aged people1 #8useless eaters'1 were being systematically put to death4 ,complaints of these murders reached him1 but he did nothing to stop them4 ,a report of the ,czechoslovak ,war ,crimes ,commission estimated that #bge1jjj mentally deficient and aged people1 for whose welfare he was responsible1 fell victim to it40 ,as stated in the indictment1 the defendants involved in the euthanasia program sent their subordinates to the eastern occupied territories to assist in the mass extermination of ,jews4 ,this will be shown by abundant evidence1 including the following excerpt from a letter from the defendant ,brack to ,himmler in #aidb from which ,i quote a paragraph3 8,on the instructions of ,reichsleiter ,bouhler ,i placed some of my men at the disposal of ,brigadefuehrer ,globocnik to execute his special mission4 ,on his renewed request ,i have now transferred additional personnel4 ,on this occasion ,brigadefuehrer ,globocnik stated his opinion that the whole ,jewish action should be completed as quickly as possible so that one would not get caught in the middle of it one day if some difficulties should make a stoppage of the action necessary4 ,you yourself1 ,reich ,leader1 have already expressed your view1 that work should progress quickly for reasons of camouflage alone40 ,protesting the lawless slaughter which even ,himmler sought to 8camouflage01 the ,bishop of ,limburg in #aida foresaw that such insane carnage spelled the downfall of the ,third ,reich4 7#fae-,,ps47 ,he wrote3 8,and if anybody says that ,germany cannot win the war1 if there is yet a just ,god1 these expressions are not the result of lack of love for the ,fatherland but of a deep concern for our people4 99 99 99 ,high authority as a moral concept has suffered a severe shock as a result of these happenings40 ,,summary ,i have outlined the particular charges against the defendants under count two1 three1 and four of the indictment2 and ,i have sketched the general nature of the evidence which we will present4 ,but we must not overlook that the medical experiments were not an assortment of unrelated crimes4 ,on the contrary1 they constituted a well-integrated criminal program in which the defendants planned and collaborated among themselves and with others4 ,we have here1 in other words1 a conspiracy and a common design1 as is charged in count one of the indictment1 to commit the criminal experiments set forth in paragraphs #f and #aa thereof4 ,there was a common design to discover1 or improve1 various medical techniques4 ,there was a common design to utilize for this purpose the unusual resources which the defendants had at their disposal1 consisting of numberless unfortunate victims of ,nazi conquest and ,nazi ideology4 ,the defendants conspired and agreed together to utilize these human resources for nefarious and murderous purposes1 and proceeded to put their criminal design into execution4 ,numbered among the countless victims of the conspiracy and the crimes are ,germans1 and nationals of countries overrun by ,germany1 and gypsies1 and prisoners of war1 and ,jews of many nationalities4 ,all the elements of a conspiracy to commit the crimes charged in paragraphs #f and #aa are present and all will be clearly established by the proof4 ,there were many co-conspirators who are not in the dock4 ,among the planners and leaders of this plot were ,conti and ,grawitz1 and ,hippke whose whereabouts is unknown4 ,among the actual executioners1 ,dr4 ,ding is dead and ,rascher is thought to be dead4 ,there were many others4 ,final judgment as to the relative degrees of guilt among those in the dock must await the presentation of the proof in detail4 ,nevertheless1 before the introduction of evidence1 it will be helpful to look again at the defendants and their part in the conspiracy4 ,what manner of men are they1 and what was their major role8 ,the #bj physicians in the dock range from leaders of ,german scientific medicine1 with excellent international reputations1 down to the dregs of the ,german medical profession4 ,all of them have in common a callous lack of consideration and human regard for1 and an unprincipled willingness to abuse their power over the poor1 unfortunate1 defenseless creatures who had been deprived of their rights by a ruthless and criminal government4 ,all of them violated the ,hippocratic commandments which they had solemnly sworn to uphold and abide by1 including the fundamental principles never to do harm--8primum non nocere40 ,outstanding men of science1 distinguished for their scientific ability in ,germany and abroad1 are the defendants ,rostock and ,rose4 ,both exemplify1 in their training and practice alike1 the highest traditions of ,german medicine4 ,rostock headed the ,department of ,surgery at the ,university of ,berlin and served as dean of its medical school4 ,rose studied under the famous surgeon1 ,enderlen1 at ,heidelberg and then became a distinguished specialist in the fields of public health and tropical diseases4 ,handloser and ,schroeder are outstanding medical administrators4 ,both of them made their careers in military medicine and reached the peak of their profession4 ,five more defendants are much younger men who are nevertheless already known as the possessors of considerable scientific ability1 or capacity in medical administration4 ,these include the defendants ,karl ,brandt1 ,ruff1 ,beiglboeck1 ,schaefer1 and ,becker-,freyseng4 ,a number of the others such as ,romberg and ,fischer are well trained1 and several of them attained high professional position4 ,but among the remainder few were known as outstanding scientific men4 ,among them at the foot of the list is ,blome who has published his autobiography entitled 8,embattled ,doctor0 in which he sets forth that he eventually decided to become a doctor because a medical career would enable him to become 8master over life and death40 ,the part that each of these #bj physicians and their #c lay accomplices played in the conspiracy and its execution corresponds closely to his professional interests and his place in the hierarchy of the ,third ,reich as shown in the chart4 ,the motivating force for this conspiracy came from two principal sources4 ,himmler1 as head of the ,,ss1 a most terrible machine of oppression with vast resources1 could provide numberless victims for the experiments4 ,by doing so1 he enhanced the prestige of his organization and was able to give free rein to the ,nazi racial theories of which he was a leading protagonist and to develop new techniques for the mass exterminations which were dear to his heart4 ,the ,german military leaders1 as the other main driving force1 caught up the opportunity which ,himmler presented them with and ruthlessly capitalized on ,himmler's hideous overtures in an endeavor to strengthen their military machine4 ,and so the infernal drama was played just as it had been conceived in the minds of the authors4 ,special problems which confronted the ,german military or civilian authorities were1 on the orders of the medical leaders1 submitted for solution in the concentration camps4 ,thus we find ,karl ,brandt stimulating the epidemic jaundice experiments1 ,schroeder demanding 8#dj healthy experimental subjects0 for the sea-water experiments1 ,handloser providing the impetus for ,ding's fearful typhus researches1 and ,milch and ,hippke at the root of the freezing experiments4 ,under ,himmler's authority1 the medical leaders of the ,,ss--,grawitz1 ,genzken1 ,gebhardt1 and others--set the wheels in motion4 ,they arranged for the procurement of victims through other branches of the ,,ss1 and gave directions to their underlings in the ,,ss medical service such as ,hoven and ,fischer4 ,himmler's administrative assistants1 ,sievers and ,rudolf ,brandt1 passed on the ,himmler orders1 gave a push here and a shove there1 and kept the machinery oiled4 ,blome and ,brack assisted from the side of the civilian and party authorities4 ,the ,wehrmacht provided supervision and technical assistance for those experiments in which it was most interested4 ,a low-pressure chamber was furnished for the high-altitude tests1 the services of ,weltz1 ,ruff1 ,romberg1 and ,rascher for the high-altitude and freezing experiments1 and those of ,becker-,freyseng1 ,schaefer1 and ,beiglboeck for sea-water4 ,in the important but sinister typhus researches1 the eminent ,dr4 ,rose appeared for the ,luftwaffe to give expert guidance to ,ding4 ,the proper steps were taken to insure that the results were made available to those who needed to know4 ,annual meetings of the consulting physicians of the ,wehrmacht held under ,handloser's direction were favored with lectures on some of the experiments4 ,the report on the high-altitude experiment was sent to ,field ,marshal ,milch1 and a moving picture about them was shown at the ,air ,ministry in ,berlin4 ,weltz spoke on the effects of freezing at a medical conference in ,nuernberg1 the same symposium at which ,rascher and others passed on their devilish knowledge4 ,there could1 we submit1 be no clearer proof of conspiracy4 ,this was the medical service of the ,third ,reich at work4 ,among the defendants in the box sit the surviving leaders of that service4 ,we will ask the ,tribunal to determine that neither scientific eminence nor superficial respectability shall shield them against the fearful consequences of the orders they gave4 ,i intend to pass very briefly over matters of medical ethics1 such as the conditions under which a physician may lawfully perform a medical experiment upon a person who has voluntarily subjected himself to it1 or whether experiments may lawfully be performed upon criminals who have been condemned to death4 ,this case does not present such problems4 ,no refined questions confront us here4 ,none of the victims of the atrocities perpetrated by these defendants were volunteers1 and this is true regardless of what these unfortunate people may have said or signed before their tortures began4 ,most of the victims had not been condemned to death1 and those who had been were not criminals1 unless it be a crime to be a ,jew1 or a ,pole1 or a gypsy1 or a ,russian prisoner of war4 ,whatever book or treatise on medical ethics we may examine1 and whatever expert on forensic medicine we may question1 will say that it is a fundamental and inescapable obligation of every physician under any known system of law not to perform a dangerous experiment without the subject's consent4 ,in the tyranny that was ,nazi ,germany1 no one could give such a consent to the medical agents of the ,state2 everyone lived in fear and acted under duress4 ,i fervently hope that none of us here in the courtroom will have to suffer in silence while it is said on the part of these defendants that the wretched and helpless people whom they froze and drowned and burned and poisoned were volunteers4 ,if such a shameless lie is spoken here1 we need only remember the four girls who were taken from the ,ravensbrueck concentration camp and made to lie naked with the frozen and all but dead ,jews who survived ,dr4 ,rascher's tank of ice water4 ,one of these women1 whose hair and eyes and figure were pleasing to ,dr4 ,rascher1 when asked by him why she had volunteered for such a task1 replied1 8rather half a year in a brothel than half a year in a concentration camp40 ,were it necessary1 one could make a long list of the respects in which the experiments which these defendants performed departed from every known standard of medical ethics4 ,but the gulf between these atrocities and serious research in the healing art is so patent that such a tabulation would be cynical4 ,we need look no further than the law which the ,nazis themselves passed on the #bdth of ,november #aich for the protection of animals4 ,this law states explicitly that it is designed to prevent cruelty and indifference of man towards animals and to awaken and develop sympathy and understanding for animals as one of the highest moral values of a people4 ,the soul of the ,german people should abhor the principle of mere utility without consideration of the moral aspects4 ,the law states further that all operations or treatments which are associated with pain or injury1 especially experiments involving the use of cold1 heat1 or infection1 are prohibited1 and can be permitted only under special exceptional circumstances4 ,special written authorization by the head of the department is necessary in every case1 and experimenters are prohibited from performing experiments according to their own free judgment4 ,experiments for the purpose of teaching must be reduced to a minimum4 ,medico-legal tests1 vaccinations1 withdrawal of blood for diagnostic purposes1 and trial of vaccines prepared according to well-established scientific principles are permitted1 but the animals have to be killed immediately and painlessly after such experiments4 ,individual physicians are not permitted to use dogs to increase their surgical skill by such practices4 ,national ,socialism regards it as a sacred duty of ,german science to keep down the number of painful animal experiments to a minimum4 ,if the principles announced in this law had been followed for human beings as well1 this indictment would never have been filed4 ,it is perhaps the deepest shame of the defendants that it probably never even occurred to them that human beings should be treated with at least equal humanity4 ,this case is one of the simplest and clearest of those that will be tried in this building4 ,it is also one of the most important4 ,it is true that the defendants in the box were not among the highest leaders of the ,third ,reich4 ,they are not the war lords who assembled and drove the ,german military machine1 nor the industrial barons who made the parts1 nor the ,nazi politicians who debased and brutalized the minds of the ,german people4 ,but this case1 perhaps more than any other we will try1 epitomizes ,nazi thought and the ,nazi way of life1 because these defendants pursue the savage premises of ,nazi thought so far4 ,the things that these defendants did1 like so many other things that happened under the ,third ,reich1 were the result of the noxious merger of ,german militarism and ,nazi racial objectives4 ,we will see the results of this merger in many other fields of ,german life2 we see it here in the field of medicine4 ,germany surrendered herself to this foul conjunction of evil forces4 ,the nation fell victim to the ,nazi scourge because its leaders lacked the wisdom to foresee the consequences and the courage to stand firm in the face of threats4 ,their failure was the inevitable outcome of that sinister undercurrent of ,german philosophy which preaches the supreme importance of the state and the complete subordination of the individual4 ,a nation in which the individual means nothing will find few leaders courageous and able enough to serve its best interests4 ,individual ,germans did indeed give warning of what was in store1 and ,german doctors and scientists were numbered among the courageous few4 ,at a meeting of ,bavarian psychiatrists held in ,munich in #aica1 when the poisonous doctrines of the ,nazis were already sweeping ,germany1 there was a discussion of mercy killings and sterilization1 and the ,nazi views on these matters1 with which we are now familiar1 were advanced4 ,a ,german professor named ,oswald ,bumke rose and made a reply more eloquent and prophetic than anyone could have possibly realized at the time4 ,he said3 8,i should like to make two additional remarks4 ,one of them is1 please for ,god's sake leave our present financial needs out of all these considerations4 ,this is a problem which concerns the entire future of our people1 indeed1 one may say without being over-emotional about it1 the entire future of humanity4 ,one should approach this problem neither from the point of view of our present scientific opinion nor from the point of view of the still more ephemeral economic crises4 ,if by sterilization we can prevent the occurrence of mental disease then we should certainly do it1 not in order to save money for the government but because every case of mental disease means infinite suffering to the patient and to his relatives4 ,but to introduce economic points of view is not only inappropriate but outright dangerous because the logical consequence of the thought that for financial reasons all these human beings1 who could be dispensed with for the moment1 should be exterminated1 is a quite monstrous logical conclusion2 we would then have to put to death not only the mentally sick and the psychopathic personalities but all the crippled including the disabled veterans1 all old maids who do not work1 all widows whose children have completed their education1 and all those who live on their income or draw pensions4 ,that would certainly save a lot of money but the probability is that we will not do it4 8,the second point of advice is to use utmost restraint1 at least until the political atmosphere here in this country shall have improved1 and scientific theories concerning heredity and race can no longer be abused for political purposes4 ,because1 if the discussion about sterilization today is carried into the arena of political contest1 then pretty soon we will no longer hear about the mentally sick but1 instead1 about ,aryans and non-,aryans1 about the blonde ,germanic race and about inferior people with round skulls4 ,that anything useful could come from that is certainly improbable2 but science in general and genealogy and eugenics in particular would suffer an injury which could not easily be repaired again40 ,i said at the outset of this statement that the ,third ,reich died of its own poison4 ,this case is a striking demonstration not only of the tremendous degradation of ,german medical ethics which ,nazi doctrine brought about1 but of the undermining of the medical art and thwarting of the techniques which the defendants sought to employ4 ,the ,nazis have1 to a certain extent1 succeeded in convincing the peoples of the world that the ,nazi system1 although ruthless1 was absolutely efficient2 that although savage1 it was completely scientific2 that although entirely devoid of humanity1 it was highly systematic--that 8it got things done40 ,the evidence which this ,tribunal will hear will explode this myth4 ,the ,nazi methods of investigation were inefficient and unscientific1 and their techniques of research were unsystematic4 ,these experiments revealed nothing which civilized medicine can use4 ,it was1 indeed1 ascertained that phenol or gasoline injected intravenously will kill a man inexpensively and within #fj seconds4 ,this and a few other 8advances0 are all in the field of thanatology4 ,there is no doubt that a number of these new methods may be useful to criminals everywhere and there is no doubt that they may be useful to a criminal state4 ,certain advance in destructive methodology we cannot deny1 and indeed from ,himmler's standpoint this may well have been the principal objective4 ,apart from these deadly fruits1 the experiments were not only criminal but a scientific failure4 ,it is indeed as if a just deity had shrouded the solutions which they attempted to reach with murderous means4 ,the moral shortcomings of the defendants and the precipitous ease with which they decided to commit murder in quest of 8scientific results01 dulled also that scientific hesitancy1 that thorough thinking-through1 that responsible weighing of every single step which alone can insure scientifically valid results4 ,even if they had merely been forced to pay as little as two dollars for human experimental subjects1 such as ,american investigators may have to pay for a cat1 they might have thought twice before wasting unnecessary numbers1 and thought of simpler and better ways to solve their problems4 ,the fact that these investigators had free and unrestricted access to human beings to be experimented upon misled them to the dangerous and fallacious conclusion that the results would thus be better and more quickly obtainable than if they had gone through the labor of preparation1 thinking1 and meticulous preinvestigation4 ,a particularly striking example is the sea-water experiment4 ,i believe that three of the accused--,schaefer1 ,becker-,freyseng1 and ,beiglboeck--will today admit that this problem could have been solved simply and definitively within the space of one afternoon4 ,on #bj ,may #aidd when these accused convened to discuss the problem1 a thinking chemist could have solved it right in the presence of the assembly within the space of a few hours by the use of nothing more gruesome than a piece of jelly1 a semi-permeable membrane and a salt solution1 and the ,german ,armed ,forces would have had the answer on #ba ,may #aidd4 ,but what happened instead8 ,the vast armies of the disenfranchised slaves were at the beck and call of this sinister assembly2 and instead of thinking1 they simply relied on their power over human beings rendered rightless by a criminal state and government4 ,what time1 effort1 and staff did it take to get that machinery in motion6 ,letters had to be written1 physicians1 of whom dire shortage existed in the ,german ,armed ,forces whose soldiers went poorly attended1 had to be taken out of hospital positions and dispatched hundreds of miles away to obtain the answer which should have been known in a few hours1 but which thus did not become available to the ,german ,armed ,forces until after the completion of the gruesome show1 and until #db people had been subjected to the tortures of the damned1 the very tortures which ,greek mythology had reserved for ,tantalus4 ,in short1 this conspiracy was a ghastly failure as well as a hideous crime4 ,the creeping paralysis of ,nazi superstition spread through the ,german medical profession and1 just as it destroyed character and morals1 it dulled the mind4 ,guilt for the oppressions and crimes of the ,third ,reich is widespread1 but it is the guilt of the leaders that is deepest and most culpable4 ,who could ,german medicine look to to keep the profession true to its traditions and protect it from the ravaging inroads of ,nazi pseudo-science8 ,this was the supreme responsibility of the leaders of ,german medicine--men like ,rostock and ,rose and ,schroeder and ,handloser4 ,that is why their guilt is greater than that of any of the other defendants in the dock4 ,they are the men who utterly failed their country and their profession1 who showed neither courage nor wisdom nor the vestiges of moral character4 ,it is their failure1 together with the failure of the leaders of ,germany in other walks of life1 that debauched ,germany and led to her defeat4 ,it is because of them and others like them that we all live in a stricken world4 ----- #g ,tr4 pp4 #ab-gd4 #h ,this chart is contained in ,section ,,vi1 ,organization of the ,german ,medical ,service1 ,,no-#fde1 ,pros4 ,ex4 #c1 p4 #ia4 #i ,trial of the ,major ,war ,criminals1 vol4 ,i1 p4 #bfi1 ,nuremberg1 #aidg4 #aj ,ibid41 p4 #bga4 #aa ,trial of the ,major ,war ,criminals1 vol ,i1 p4 #bdg1 ,nuremberg1 #aidg4 #ab ,ibid41 p4 #cja4 ,v4 ,,introductory ,,statement ,,on ,,the ,,presentation ,,of ,,evidence ,,made ,,by ,,the ,,prosecution1 #aj ,,december #aidfac ,,mr4 ,,mchaney3 ,may it please the ,tribunal3 ,before any evidence is presented1 it is my purpose to show the process whereby documents have been procured and processed in order to be presented in evidence by the ,united ,states4 ,i shall also describe and illustrate the plan of presenting documents to be followed by the prosecution in this case4 ,when the ,united ,states ,army entered ,german territory it had specialized military personnel whose duties were to capture and preserve enemy documents1 records1 and archives4 ,such documents were assembled in temporary document centers4 ,later each ,army established fixed document centers in the ,united ,states ,zone of ,occupation where their documents were assembled and the slow process of indexing and cataloging was begun4 ,certain of these document centers in the ,united ,states ,zone of ,occupation have since been closed and the documents assembled there sent to other document centers4 ,when the ,international ,military ,tribunal was set up1 field teams under the direction of ,major ,william ,h4 ,coogan were organized and sent out to the various document centers4 ,great masses of ,german documents and records were screened and examined4 ,those selected were sent to ,nuernberg to be processed4 ,these original documents were then given trial identification numbers in one of five series designated by the letters3 8,,ps01 8,l01 8,r01 8,c01 and 8,,ec01 indicating the means of acquisition of the documents4 ,within each series1 documents were listed numerically4 ,the prosecution in this case shall have occasion to introduce in evidence documents processed under the direction of ,major ,coogan4 ,some of these documents were introduced in evidence before the ,,imt and some were not4 ,as to those which were1 this ,tribunal is required by ,article ,,xx of ,ordinance ,no4 #g to take judicial notice thereof4 ,however1 in order to simplify the procedure1 we will introduce photostatic copies of documents used in ,case ,no4 #a before the ,,imt to which will be attached a certificate by ,mr4 ,fred ,niebergall1 the ,chief of our ,document ,control ,branch1 certifying that such document was introduced in evidence before the ,,imt and that the photostat is a true and correct copy thereof4 ,such documents have been and will be made available to defendants just as in the case of any other document4 ,as to those documents processed under the direction of ,major ,coogan which were not used in the case before the ,,imt1 they are authenticated by the affidavit of ,major ,coogan dated #ai ,november #aide4 ,this affidavit served as the basis of authentication of substantially all documents used by the ,office of ,chief of ,counsel before the ,,imt4 ,it was introduced in that trial as ,,usa ,exhibit #a4 ,since we will use certain documents processed for the ,,imt trial1 ,i would now like to introduce as ,prosecution ,exhibit #a the ,coogan affidavit1#ad in order to authenticate such documents4 ,this affidavit explains the manner in and means by which captured ,german documents were processed for use in war crimes trials4 ,i shall not burden the court with reading it as it is substantially the same as the affidavit of ,mr4 ,niebergall to which ,i shall come in a moment4 ,i have thus far explained the manner of authenticating documents to be used in this case which were processed under the direction of ,major ,coogan4 ,i now come to the authentication of documents processed not for the ,,imt trial1 but for subsequent trials such as this one4 ,these documents are authenticated by the affidavit of ,mr4 ,niebergall which ,i offer in evidence as ,prosecution ,exhibit #b4 ,since this affidavit explains the procedure of processing documents by the ,office of ,chief of ,counsel for ,war ,crimes1 ,i shall read it in full3 8,i1 ,fred ,niebergall1 ,,ago1 ,d-#aejfcf1 of the ,office of ,chief of ,counsel for ,war ,crimes1 do hereby certify as follows3 #a4 ,i was appointed ,chief of the ,document ,control ,branch1 ,evidence ,division1 ,office of ,chief of ,counsel for ,war ,crimes 7hereinafter referred to as #8,,occ'7 on #b ,october #aidf4 #b4 ,i have served in the ,u4 ,s4 ,army for more than #e years1 being discharged as a #ast ,lieutenant1 ,infantry1 on #bi ,october #aidf4 ,i am now a ,reserve officer with the rank of #ast ,lieutenant in the ,army of the ,united ,states of ,america4 ,based upon my experience as a ,united ,states ,army officer1 ,i am familiar with the operation of the ,united ,states ,army in connection with seizing and processing captured enemy documents4 ,i served as ,chief of ,translations for ,,occ from #bi ,july #aide until ,december #aide1 when ,i was appointed liaison officer between ,defense ,counsel and ,translation ,division of ,,occ as assistant to the executive officer of the ,translation ,division4 ,in my capacity as ,chief of the ,document ,control ,branch1 ,evidence ,division1 ,,occ1 ,i am familiar with the processing1 filing1 translation1 and photostating of documentary evidence for the ,united ,states ,chief of ,counsel4 #c4 ,as the ,army overran ,german occupied territory and then ,germany itself1 certain specialized personnel seized enemy documents1 records and archives4 ,such documents were assembled in temporary centers4 ,later fixed document centers were established in ,germany and ,austria where these documents were assembled and the slow process of indexing and cataloging was begun4 ,certain of these document centers have since been closed and the documents assembled there sent to other document centers4 #d4 ,in preparing for the trial before the ,international ,military ,tribunal 7hereinafter referred to as #8,,imt'7 a great number of original documents1 photostats1 and microfilms were collected at ,nuernberg1 ,germany4 ,major ,coogan's affidavit of #ai ,november #aide describes the procedures followed4 ,upon my appointment as ,chief of the ,document ,control ,branch1 ,evidence ,division1 ,,occ1 ,i received custody1 in the course of official business1 of all these documents except the ones which were introduced into evidence in the ,,imt trial and are now in the ,,imt ,document ,room in ,nuernberg4 ,same have been screened1 processed1 and registered in accordance with ,major ,coogan's affidavit4 ,the unregistered documents remaining have been screened1 processed1 and registered for use in trials before ,military ,tribunals substantially in the same way as described below4 #e4 ,in preparing for trials subsequent to the ,,imt trial personnel thoroughly conversant with the ,german language were given the task of searching for and selecting captured enemy documents which disclosed information relating to the prosecution of ,axis war criminals4 ,lawyers and research analysts were placed on duty at various document centers and also dispatched on individual missions to obtain original documents or certified photostats thereof4 ,the documents were screened by ,german speaking analysts to determine whether or not they might be valuable as evidence4 ,photostatic copies were then made of the original documents and the original documents returned to the files in the document centers4 ,these photostatic copies were certified by the analysts to be true and correct copies of the original documents4 ,german-speaking analysts either at the document center or in ,nuernberg1 then prepared a summary of the document with appropriate references to personalities involved1 index headings1 information as to the source of the document1 and the importance of the documents to a particular division of ,,occ4 #f4 ,next1 the original document or certified photostatic copy was forwarded to the ,document ,control ,branch1 ,evidence ,division1 ,,occ4 ,upon receipt of these documents1 they were duly recorded and indexed and given identification numbers in one of six series designated by the letters #8,,no1' #8,,ni1' #8,,nm1' #8,,nokw1' #8,,ng1' and #8,,np1' indicating the particular ,division of ,,occ which might be most interested in the individual documents4 ,within each series documents were listed numerically4 #g4 ,in the case of the receipt of original documents1 photostatic copies were made4 ,upon return from the photostat room1 the original documents were placed in envelopes in fireproof safes in the document room4 ,in the case of the receipt of certified photostatic copies of documents1 the certified photostatic copies were treated in the same manner as original documents4 #h4 ,all original documents or certified photostatic copies treated as originals are now located in safes in the document room1 where they will be secured until they are presented by the prosecution to a court during the progress of a trial4 #i4 ,therefore1 ,i certify in my official capacity as hereinabove stated1 that all documentary evidence relied upon by ,,occ is in the same condition as when captured by military forces under the command of the ,supreme ,commander1 ,allied ,expeditionary ,forces2 that they have been translated by competent qualified translators2 that all photostatic copies are true and correct copies of the originals1 and that they have been correctly filed1 numbered1 and processed as above outlined4 ,signed ,,fred ,,niebergall40 ,the ,niebergall affidavit is in substance the same as the ,coogan affidavit which was accepted by the ,international ,military ,tribunal as sufficient authentication of documents used in ,case ,no4 #a4 ,however1 in addition to these affidavits1 the prosecution in this case will attach to each document submitted in evidence1 other than self-proving documents such as affidavits signed by the defendants1 a certificate signed by an employee of the ,evidence ,division of the ,office of ,chief of ,counsel for ,war ,crimes1 reading1 for example1 as follows3 8,i1 ,donald ,spencer1 of the ,evidence ,division of the ,office of ,chief of ,counsel for ,war ,crimes1 hereby certify that the attached document1 consisting of one photostated page and entitled1 #8,letter from ,john ,doe to ,richard ,rod1 dated #ai ,june #aidc1' is the original of a document which was delivered to me in my above capacity1 in the usual course of official business1 as a true copy of a document found in ,german archives1 records1 and files captured by military forces under the command of the ,supreme ,commander1 ,allied ,expeditionary ,forces4 8,to the best of my knowledge1 information1 and belief1 the original document is at the ,berlin ,document ,center40 ,so much for the authentication of documents to be presented in this trial4 ,i turn now briefly to the distribution of documents which we will use4 ,the prosecution made available to the ,defendants' ,information ,center approximately a week ago three photostatic copies of the great bulk of the documents which will be used in our case-in-chief4 ,these documents are of course in ,german4 ,in addition1 the prosecution has prepared document books in both ,german and ,english which contain1 for the most part1 mimeographed copies of the documents1 arranged substantially in the order in which they will be presented in this court4 ,each document book contains an index giving the document number1 description1 and page number4 ,a space is also provided for writing in the index number4 ,twelve official copies of the ,german document books will be filed in the ,defendants' ,information ,center at least #bd hours prior to the time that particular material will be introduced in court4 ,in addition1 defense counsel will receive seven so-called unofficial ,german document books1 which will contain mimeographed copies prepared primarily for the ,german ,press4 ,six official copies of the ,german document books will be presented to the ,tribunal--one for each of the ,justices on the bench and one for the ,secretary ,general4 ,two of such document books will contain photostatic copies in order that the ,tribunal may from time to time refer to the original4 ,document books will also be made available to the ,german interpreters and court reporters4 ,the ,english document books will contain certified translations of the documents in the ,german document books4 ,the documents will be numbered and indexed identically in both the ,english and ,german versions4 ,the ,defendants' ,information ,center will receive four copies of the ,english document books at the same time the corresponding ,german document book is delivered4 ,a representative group of the defense attorneys have agreed that four of the ,english document books are sufficient to meet their needs4 ,the ,tribunal will receive six ,english document books and sufficient copies will also be made available to the interpreters and court reporters4 ,copies of all documents introduced in evidence will thereafter be made available to the press4 ,the prosecution will sometimes have occasion to use documents which have just been discovered and are not in document books4 ,in such cases we will try to have copies in the ,defendants' ,information ,center a reasonable time in advance of their use in court4 ,now1 ,i must point out to your ,honors1 and ,i do so without any embarrassment1 that there will surely be some instances during the course of this trial when the prosecution fails to comply with one or the other of the court's rulings in view of the fact that few of our personnel here were able to obtain experience and training in the technicalities in the course of ,case ,no4 #a before the ,international ,military ,tribunal1 but be that as it may1 we shall constantly endeavor to present our case as fairly1 as clearly1 and as expeditiously as is humanly possible4 ,the prosecution1 when presenting a document in ,court1 will physically hand the original1 or the certified photostatic copy serving as the original1 to the clerk of the ,tribunal1 and give the document a prosecution exhibit number4 ,in the ,,imt trial1 the usual practice1 to which there were many exceptions1 was that only those documents or portions of documents which had been read aloud in ,court were considered to be in evidence and part of the record4 ,now this was due to the fact that the ,,imt trial was conducted in four languages and only through that method were translations in all four languages ordinarily available4 ,however1 the ,,imt ruled several times1 for example on #ag ,december #aide1 that documents which had been translated into all four languages and made available to defense counsel in the ,defendants' ,information ,center were admissible in evidence without being read in full4 ,the prosecution believed that1 under the circumstances of this trial1 which will be conducted in ,german and ,english only1 and with all the prosecution's documents translated into ,german1 it will be both expeditious and fair to dispense with the reading in full of all documents or portions of documents4 ,the prosecution will read some documents in full1 particularly in the early stages of the trial1 but will endeavor to expedite matters by summarizing documents when possible1 or otherwise calling the attention of the ,tribunal to such passages therein as are deemed important and relevant4 ,with respect to the order of trial1 the prosecution intends to follow1 to a large degree1 the order in which the various experiments are set forth in the indictment4 ,there will be some exceptions to that2 for instance1 we will present the sea-water experiments1 the proof of sea-water experiments following the malaria experiments1 which will be third in order1 and in time we will move to the proof of reading the ,lost gas experiments because of the overlapping of the testimony of certain witnesses4 ,insofar as possible1 we will endeavor to present all of the evidence relating to a particular experiment at the same time4 ,this will be impossible1 of course1 where the testimony of a witness overlaps several experiments4 ----- #ac ,tr4 pp4 #ge-hc4 #ad ,trial of the ,major ,war ,criminals1 vol4 ,,ii1 pp4 #aeg-afj1 ,nuremberg1 #aidg4 ,,vi4 ,,organization ,,of ,,the ,,german ,,medical ,,services a4 ,introduction ,the opening statement of the prosecution 7pp4 #bg-gd7 deals rather extensively with the organization of the ,medical ,service of the ,wehrmacht1 the ,medical ,service of the ,,ss1 and the ,civilian ,health ,service4 ,the ,ahnenerbe ,society and the ,institute for ,military ,scientific ,research1 which was set up within the ,ahnenerbe1 are also mentioned4 ,evidence concerning the positions which the prosecution alleged the defendants held is contained in its document book number one4 ,selections from this document book are set forth on pages #ha-ia4 b4 ,evidence ,pros4 ,doc4 ,no4 ,ex4 ,no4 ,description of ,document ,page ,,no-#jhj #e ,fuehrer ,decree1 #bh ,july #aidb1 concerning #ha the ,medical and ,health ,services4 ,,no-#jha #f ,second ,fuehrer ,decree1 #e ,september #aidc1 #hc concerning the ,medical and ,health ,services4 ,,no-#jhb #g ,fuehrer ,decree1 #be ,august #aidd1 concerning #hc the appointment of a ,reich ,commissioner for ,medical and ,health ,services4 ,,no-#bbg #aa ,fuehrer ,decree of #g ,august #aidd1 concerning #hd the reorganization of the ,medical ,services of the ,wehrmacht4 ,,no-#cjc #cb ,table of ,organization of the 8,ahnenerbe0 #hh from the files of the ,ahnenerbe ,society4 ,,no-#dbb #cc ,letter from ,himmler to ,sievers1 #g ,july #hi #aidb1 concerning the establishment of an 8,institute for ,military ,scientific ,research0 within the ,ahnenerbe ,society4 ,,no-#hid #ch ,fuehrer ,decree1 #i ,june #aidb1 concerning the #ij ,reich ,research ,council4 ,,no-#fde #c ,table of organization of the ,reich #ia ,commissioner for ,health and ,medical ,services1 drawn by the defendant ,karl ,brandt4 ,,translation ,,of ,,document ,,no-#jhj ,,prosecution ,,exhibit #e4 ,,fuehrer ,,decree1 #bh ,,july #aidb1 ,,concerning ,,the ,,medical ,,and ,,health ,,services #aidb ,,reichsgesetzblatt1 ,,part #a1 ,,page #eae ,fuehrer ,decree of #bh ,july #aidb1 ,concerning the ,medical and ,health ,services ,the utilization of personnel and material in the field of medical and health matters demands a coordinated and planned direction4 ,therefore1 ,i order the following3 #a4 ,for the ,wehrmacht ,i commission the ,medical ,inspector of the ,army1 in addition to his present duties1 with the coordination of all tasks common to the ,medical ,services of the ,wehrmacht1 the ,waffen ,,ss1 and the organizations and units subordinate or attached to the ,wehrmacht1 as ,chief of the ,medical ,service of the ,wehrmacht4 ,the ,chief of the ,medical ,services of the ,wehrmacht is to represent the ,wehrmacht before the civilian authorities in all common medical problems arising in the various branches of the ,wehrmacht1 the ,waffen ,,ss1 and organizations and units subordinate or attached to the ,wehrmacht1 and will protect the interests of the ,wehrmacht in all medical measures taken by the civilian authorities4 ,for the purpose of coordinated treatment of these problems1 a medical officer of the ,navy and a medical officer of the ,luftwaffe will be assigned to work under him1 the latter in the capacity of chief of staff4 ,fundamental problems pertaining to the ,medical ,service of the ,waffen ,,ss will be worked out in agreement with the ,medical ,inspectorate of the ,waffen ,,ss4 #b4 ,in the field of the ,civilian ,health ,service1 the ,state ,secretary in the ,ministry of the ,interior and ,reich ,chief for ,public ,health1 ,dr4 ,conti1 is responsible for coordinated measures4 ,for this purpose he has at his disposal the competent departments of the highest ,reich authorities and their subordinate offices4 #c4 ,i empower ,prof4 ,dr4 ,karl ,brandt1 subordinate only to me personally and receiving his instructions directly from me1 to carry out special tasks and negotiations to readjust the requirements for doctors1 hospitals1 medical supplies1 etc41 between the military and the civilian sectors of the health and medical services4 #d4 ,my plenipotentiary for health and medical services is to be kept informed about the fundamental events in the ,medical ,service of the ,wehrmacht and in the ,civilian ,health ,service4 ,he is authorized to intervene in a responsible manner4 ,fuehrer ,headquarters1 #bh ,july #aidb ,the ,fuehrer ,,adolf ,,hitler ,the ,chief of the ,,okw ,,keitel ,the ,reich ,minister and ,chief of the ,reich ,chancellery ,,dr4 ,,lammers ,,translation ,,of ,,document ,,no-#jha ,,prosecution ,,exhibit #f ,,second ,,fuehrer ,,decree1 #e ,,september #aidc1 ,,concerning ,,the ,,medical ,,and ,,health ,,services #aidc ,,reichsgesetzblatt1 ,,part #a1 ,,page #ecc ,second ,fuehrer ,decree of #e ,september #aidc1 ,concerning the ,medical and ,health ,services ,in amplification of my decree concerning the ,medical and ,health ,services of #bh ,july #aidb 7,,rgbl4 ,i1 p4 #eae7 ,i order3 ,the ,plenipotentiary for the ,medical and ,health ,services1 ,general ,commissioner ,professor ,dr4 med4 ,brandt is charged with centrally coordinating and directing the problems and activities of the entire ,medical and ,health ,services according to instructions4 ,in this sense this order applies also to the field of ,medical ,science and ,research1 as well as to the organizational institutions concerned with the manufacture and distribution of medical material4 ,the ,plenipotentiary for the ,medical and ,health services is authorized to appoint and commission special deputies for his spheres of action4 ,fuehrer ,headquarters1 #e ,september #aidc ,the ,fuehrer ,,adolf ,,hitler ,the ,reich ,minister and ,chief of the ,reich ,chancellery ,,dr4 ,,lammers ,,translation ,,of ,,document ,,no-#jhb ,,prosecution ,,exhibit #g ,,fuehrer ,,decree1 #be ,,august #aidd1 ,,concerning ,,the ,,appointment ,,of ,a ,,reich ,,commissioner ,,for ,,medical ,,and ,,health ,,services #aidd ,,reichsgesetzblatt1 ,,part #a1 ,,page #ahe ,fuehrer ,decree of #be ,august #aidd1 ,concerning the ,appointment of a ,reich ,commissioner for ,medical and ,health ,services ,i hereby appoint the ,general ,commissioner for ,medical and ,health matters1 ,professor ,dr4 ,brandt1 ,reich ,commissioner for ,sanitation and ,health ,reich ,commissioner for ,medical and ,health ,services as well1 for the duration of this war4 ,in this capacity his office ranks as highest ,reich ,authority4 ,the ,reich ,commissioner for ,medical and ,health ,services is authorized to issue instructions to the offices and organizations of the ,state1 ,party1 and ,wehrmacht which are concerned with the problems of the medical and health services4 ,fuehrer ,headquarters1 #be ,august #aidd ,the ,fuehrer ,,adolf ,,hitler ,the ,reich ,minister and ,chief of the ,reich ,chancellery ,,dr4 ,,lammers ,the ,head of the ,party ,chancellery ,m4 ,,bormann ,the ,chief of the ,,okw ,,keitel ,,translation ,,of ,,document ,,no-#bbg ,,prosecution ,,exhibit ,,ii ,,fuehrer ,,decree ,,of #g ,,august #aidd1 ,,concerning ,,the ,,reorganization ,,of ,,the ,,medical ,,services ,,of ,,the ,,wehrmacht ,copy ,the ,fuehrer and ,supreme ,commander of the ,wehrmacht ,fuehrer ,headquarters1 #g ,august #aidd ,chief of the ,supreme ,command of the ,wehrmacht ,chief ,,okw ,ops4 ,staff of the ,wehrmacht 7,w,f,st7 ,org4 7,i7 ,no4 #ejjh_/dd;g ,to obtain a better concentration of powers in the field of the ,medical ,service of the ,wehrmacht1 ,i order in extension of my decree of #bh ,july #aidb3 #a4 ,the ,chief of the ,medical ,service of the ,wehrmacht will direct1 as far as the special field is concerned1 the ,medical ,services of the ,wehrmacht and the organizations and services installed within the framework of the ,wehrmacht4 ,he is authorized to issue orders1 within the special field of his jurisdiction4 #b4 ,i approve the service regulation for the ,chief of the ,medical ,services of the ,wehrmacht issued by the ,chief of the ,supreme ,command of the ,wehrmacht4 ,it will replace the one of #bh ,july #aidb1 which was in effect up to now4 #c4 ,the personal union of the ,chief of ,medical ,services of the ,wehrmacht and the ,chief of the ,medical ,service of the ,army_/,army ,physician ,heeressanitaetsinspekteur_/,heeresarzt is herewith cancelled as of ,september #aidd4 ,signed ,,adolf ,,hitler ,the ,chief of the ,supreme ,command of the ,wehrmacht ,reference ,no4 #ejjh_/dd secret ,fuehrer ,headquarters1 #g ,august #aidd ,,service ,,regulation for the ,chief of the ,medical ,services of the ,wehrmacht#ae ,chef ,w ,san ,i ,subordination and ,powers #a4 ,the ,chief of the ,medical ,services of the ,wehrmacht will be directly under the ,chief of the ,supreme ,command of the ,wehrmacht4 ,he will have the position of an office chief ,amtschef and the disciplinary power according to paragraph #ah of the ,wehrmacht ,regulation for ,disciplinary ,action 7,,wdsto7 and the other powers of a ,commanding ,general4 #b4 ,he has authority according to ,no4 #a of the ,fuehrer ,decree over the following3 a4 ,the ,chief of the ,army ,medical ,service1 the ,chief of the ,navy ,medical ,service1 the ,chief of the ,medical ,service of the ,luftwaffe1 the ,chief of the ,medical ,service of the ,waffen ,,ss1 and the medical chiefs of the organizations and services employed within the framework of the ,wehrmacht while they are acting in the area of command of the ,wehrmacht4 b4 ,all scientific medical institutes1 academies1 and other medical institutions of the services of the ,wehrmacht and of the ,waffen ,,ss4 ,,ii ,duties #a4 ,the ,chief of the ,medical ,services of the ,wehrmacht is the adviser of the ,chief of the ,supreme ,command of the ,wehrmacht in all questions concerning the ,medical ,services of the ,wehrmacht and of its health guidance1 #b4 ,the ,chief of the ,medical ,services of the ,wehrmacht will direct all the ,medical ,services of the ,wehrmacht#af as far as the special field is concerned1 with regard for the military instructions of the ,chief of the ,supreme ,command of the ,armed ,forces and the general rules of the ,fuehrer's ,commissioner ,general for the ,medical and ,health ,departments4 page #b of original #c4 ,the ,chief of the ,medical ,services of the ,wehrmacht will inform the ,fuehrer's ,commissioner ,general about basic events in the field of the ,medical ,services of the ,wehrmacht4 ,he will represent the ,wehrmacht to the civilian authorities in all mutual medical affairs and he will protect their interests in connection with the health measures of the civilian administrative authorities4 ,he will represent the ,medical ,services of the ,wehrmacht to the medical services of foreign powers4 #d4 ,other duties of the ,chief of the ,medical ,service of the ,wehrmacht will be3 a4 ,in the medical-scientific field3 ,uniform measures in the field of health guidance1 research and the combating of epidemics1 and all medical measures which require a uniform ruling within the ,wehrmacht4 ,evaluation of medical experiences4 ,medical matters of the recruiting system1 of welfare and maintenance and of prisoners of war4 ,the presidency of the ,scientific ,senate of the ,medical ,services of the ,wehrmacht4 b4 ,in the organization and training system3 ,uniform and planned direction of the allocation of persons and material4 ,unification of the tables of organization and the tables of equipment of the medical troops and the equal provision of the forces with medical personnel4#ag ,direction of a uniform development of the medical equipment4,a#a ,unification in the sphere of hospital matters1 balanced planning1 and allocation of hospitals4 ,direction of the distribution of wounded and sick soldiers to the hospital installations of the ,wehrmacht4 ,direction of the voluntary sick-nursing within the ,wehrmacht4 ,assimilation of the organization and of the training of the new generation of medical officers4 ,balancing of the proportion according to the requirements of the services4 ,supervision of the ideological and political training of the new generation of medical officers during the course of their studies in cooperation with the ,reich ,student ,leader4 ,training and advanced training of medical officers4 ,direction of a uniform training of the medical subaltern personnel4,a#b c4 ,in the field of matriel3 ,centralized procurement and direction of fresh supplies of medical matriel of all kinds for the ,wehrmacht4 d4 ,general and fundamental pharmaceutical matters4 ,,iii ,special ,powers #a4 ,the ,chief of the ,medical ,services of the ,wehrmacht is entitled to request from the services all records necessary for the performance of his assignments4 #b4 ,he is entitled to express his view on the appointment of medical officers or medical leaders in the ,wehrmacht and also in the units of the ,waffen ,,ss which are subordinated to the ,wehrmacht--if the position is that of a ,generalarzt or a higher position4 ,before filling these positions1 his opinion has to be heard4 #c4 ,he is entitled to inspect the medical service1 the medical units1 the medical troops and installations of the ,wehrmacht after having informed the high command of the service concerned or the headquarters of the units concerned4 ,he is entitled to give orders on the spot in the field of medical service1 if these are necessary for the removal of emergencies and do not disagree with fundamental orders of the services4 ,he has to inform the high commands of the services concerned about the results of the inspections and about the issued orders4 #d4 ,fundamental changes in the organization of the medical service1 in the subordination of medical officers1 noncommissioned officers1 and enlisted men and of the officials and employees of the medical service require the consent of the ,chief of the ,medical ,services of the ,wehrmacht4 #e4 ,deputy of the ,chief of the ,medical ,services of the ,wehrmacht shall be the senior ,medical ,inspector or the ,medical ,chief of one of the services4 ,the ,chief of ,staff will act as his deputy for routine duties4 #f4 ,the ,chief of the ,medical ,services of the ,wehrmacht issues orders necessary for the performance of his assignments under the name3 8,supreme ,command of the ,wehrmacht1 ,chief of the ,medical ,services of the ,wehrmacht40 ,as far as necessary the services will execute his orders and requests through army channels4 #g4 ,for the ,chief of the ,medical ,services of the ,wehrmacht the new table of organization of #a ,april #aidd is taking effect4 ,the necessary personnel are to be taken from the services1 etc41 above all from their medical inspectorates or offices4 ,signed ,,keitel ,,translation ,,of ,,document ,,no-#cjc ,,prosecution ,,exhibit #cb ,,table ,,of ,,organization ,,of ,,the 8,,ahnenerbe0 ,,from ,,the ,,files ,,of ,,the ,,ahnenerbe ,,society 8,,the ,,ahnenerbe0 ,the ,president ,the ,reich ,leader ,,ss ,h4 ,,himmler ,trustee ,,ss ,sturmbannfuehrer ,dr4 ,,walther ,,wuest ,the ,reich ,business ,manager ,,ss ,hauptsturmfuehrer ,,wolfram ,,sievers ,reich ,business ,management ,deputy ,reich ,business ,manager ,,ss ,obersturmfuehrer ,,herbert ,,menz ,consultant ,secretary ,dr4 ,,gisela ,,schmitz-,,kahlmann ,the ,special ,commissioner of the ,reich ,leader ,,ss ,sturmbannfuehrer ,,bruno ,,galke ,administration ,,ss ,untersturmbannfuehrer ,,hans-,,ulrich ,,huehne ,graduate of a ,business ,college ,,alfons ,,eben ,the task of the ,research and ,instruction ,group 8,the ,ahnenerbe0 is investigation of space1 spirit1 accomplishments1 and heritage of the ,indo-,germanic peoples of ,nordic race1 the vivification of the results of their research and their transmission to the people4 ,realization ,establishment of instruction and research centers ,assignment of research work and conduct of research expeditions ,publication of scientific works ,support of scientific work ,organization of scientific congresses ,the ,ahnenerbe ,foundation ,the purpose of the ,foundation is to further the endeavors of 8,the ,ahnenerbe01 registered society1 by donations from the proceeds of the capital of the ,foundation and from the capital itself4 ,to interest people who declare themselves willing to put certain contributions either once or at fixed intervals at the disposal of the ,foundation4 ,,translation ,,of ,,document ,,no-#dbb ,,prosecution ,,exhibit #cc ,,letter ,,from ,,himmler ,,to ,,sievers1 #g ,,july #aidb1 ,,concerning ,,the ,,establishment ,,of ,,an 8,,institute ,,for ,,military ,,scientific ,,research0 ,,within ,,the ,,ahnenerbe ,,society ,the ,reich ,leader ,,ss ,fuehrer ,headquarters1 #g ,july #aidb ,,ar #dh_/f_/db ,stamp #a4 ,personal ,staff ,reich ,leader ,,ss ,archives1 ,file ,no4 ,,ar_/#bb_/ba ,,secret6 #a4 ,to the ,reich ,manager of the ,ahnenerbe ,,ss ,obersturmbannfuehrer ,sievers ,berlin-,dahlem ,i request the ,ahnenerbe #a4 to establish an ,institute for ,military ,scientific ,research1 #b4 to support in every possible way the research carried out by ,,ss ,hauptsturmfuehrer ,prof4 ,dr4 ,hirt1 and to promote all corresponding research and undertakings1 #c4 to make available the required apparatus1 equipment1 accessories and assistants1 or to procure them1 #d4 to make use of the facilities available in ,dachau1 #e4 to contact the ,chief of the ,,ss ,economic and ,administrative ,main ,office ,wirtschaftsverwaltungshauptamt with regard to the costs1 which can be borne by the ,waffen ,,ss4 ,signed ,h4 ,h4 ,,heinrich ,,himmler #b4 ,copy forwarded to the ,chief of the ,economic and ,administrative ,main ,office1 ,,ss ,obergruppenfuehrer ,pohl ,berlin--,lichterfelde--,west with the request to take note4 ,by order1 ,signed ,,brandt ,,ss ,obersturmbannfuehrer ,m4 #g4g4 ,certified ,true ,copy3 ,signed ,m4 ,,ss ,obersturmfuehrer #g4g4 ,,translation ,,of ,,document ,,no-#hid ,,prosecution ,,exhibit #ch ,,fuehrer ,,decree1 #i ,,june #aidb1 ,,concerning ,,the ,,reich ,,research ,,council #aidb ,,reichsgesetzblatt1 ,,part #a1 ,,page #chi ,fuehrer ,decree of #i ,june #aidb ,concerning the ,reich ,research ,council ,the necessity to expand all available forces to highest efficiency in the interest of the state requires1 not only in peace time but also1 and especially1 in war time1 the concentrated effort of scientific research and its channellization toward the goal to be aspired4 ,therefore1 ,i commission the ,reich ,marshal ,hermann ,goering to establish as an independent entity a ,reich ,research ,council1 which is to serve this purpose1 to take over its chairmanship himself and to give it a charter4 ,leading men of science above all are to make research fruitful for warfare by working together in their special fields4 ,the hitherto existing ,reich ,research ,council which was under the ,reich ,minister for ,science and ,education ,wissenschaft1 ,erziehung und ,volksbildung is to be absorbed by the new organization4 ,the means needed for research purposes are to be established in the ,reich budget as far as they will not be raised from contributions 7for research7 of circles interested in research4 ,fuehrer ,headquarters1 #i ,june #aidb ,the ,fuehrer ,,adolf ,,hitler ,the ,reich ,minister and ,chief of the ,reich ,chancellery ,,dr4 ,,lammers ,,translation ,,of ,,document ,,no-#fde ,,prosecution ,,exhibit #c ,illustration3 ,table of ,organization of the ,reich ,commissioner for ,health and ,medical ,service1 drawn by the defendant ,karl ,brandt ----- #ae ,to ,wehrmacht in this connection belong3 ,army1 ,navy1 ,luftwaffe1 the ,waffen ,,ss units under orders of the ,wehrmacht and the organizations and services engaged within the framework of the ,wehrmacht4 ,footnote in original document4 #af ,same as ,footnote #ae above4 #ag ,as to the ,navy these rules will not apply or will apply with restrictions only to personnel on board4 ,footnote in original document4 ,,vii4 ,,extracts ,,from ,,argumentation ,,and ,,evidence ,,of ,,prosecution ,,and ,,defense ,a4 ,medical ,experiments #a4 ,,high-,,altitude ,,experiments a4 ,introduction ,the defendants ,karl ,brandt1 ,handloser1 ,schroeder1 ,gebhardt1 ,rudolf ,brandt1 ,mrugowsky1 ,poppendick1 ,sievers1 ,ruff1 ,romberg1 ,becker-,freyseng1 and ,weltz were charged with special responsibility for and participation in criminal conduct involving high-altitude experiments 7par4 #f 7,a7 of the indictment74 ,during the course of the trial1 the prosecution withdrew this charge in the cases of ,karl ,brandt1 ,handloser1 ,poppendick1 and ,mrugowsky4 ,only the defendants ,rudolf ,brandt and ,sievers were convicted on this charge4 ,the prosecution's summation of the evidence on the high-altitude experiments is contained in its closing brief against the defendants ,ruff1 ,romberg1 and ,weltz4 ,an extract from this brief is set forth below on pages #ib to #aac4 ,a corresponding summation of the evidence by the defense on these experiments has been selected from the closing briefs for the defendants ,ruff and ,sievers4 ,it appears below on pages #aad to #adj4 ,this argumentation is followed by selections from the evidence on pages #adj to #aih4 b4 ,selection ,from the ,argumentation of the ,prosecution ,,extracts ,,from ,,the ,,closing ,,brief ,,against ,,defendants ,,ruff1 ,,romberg1 ,,and ,,weltz ,early in the war it was deemed necessary to conduct research in the field of high altitudes because of the higher ceilings reached by the ,allied fighter planes4 ,this created the problem of availability of human experimental subjects1 inasmuch as animal experimentation was considered inadequate4 ,the heights involved were #ab1jjj meters to over #bj1jjj meters1 hence it goes without saying that such experiments were very dangerous and1 as indicated by the evidence1 volunteers were not to be had4 ,this difficulty was overcome by the use of concentration camp inmates without their consent4 ,the first indication of this criminal plan appears in a letter from ,dr4 ,sigmund ,rascher1 a ,luftwaffe physician1 in a letter to the ,reich ,leader ,,ss dated #ae ,may #aida3 8,for the time being1 ,i have been assigned to the ,luftgau ,kommando ,,vii1 ,munich1 for a medical selection course4 ,during this course1 where research on high-altitude flying plays a prominent part1 determined by the somewhat higher ceiling of the ,english fighter planes1 considerable regret was expressed that no experiments on human beings have so far been possible for us because such experiments are very dangerous1 and nobody is volunteering4 ,i therefore put the serious question3 is there any possibility that two or three professional criminals can be made available for these experiments80 ,emphasis supplied4 7#afjb1 ,,ps1 ,pros4 ,ex4 #dd47 ,it further appears in this ,rascher letter of #ae ,may #aida that ,rascher had conferred with another ,luftwaffe physician and that a tentative agreement had been reached wherein it was determined that the experiments on the concentration camp inmates1 in which the experimental subjects were expected to die1 would be performed at the 8,bodenstaendige ,pruefstelle fuer ,hoehenforschung der ,luftwaffe0 at ,munich3 8,the experiments are being performed at the ,ground ,station for ,high-,altitude ,experiments of the ,luftwaffe ,bodenstaendige ,pruefstelle fuer ,hoehenforschung der ,luftwaffe at ,munich4 ,the experiments1 in which the experimental subject of course may die1 would take place with my collaboration4 ,they are absolutely essential for the research on high-altitude flying and cannot1 as it had been tried until now1 be carried out on monkeys1 because monkeys offer entirely different test conditions4 ,i had an absolutely confidential talk with the representative of the ,luftwaffe physician who is conducting these experiments4 ,he also is of the opinion that the problems in question can only be solved by experiments on human beings40 7#afjb-,,ps1 ,pros4 ,ex4 #dd47 99 99 99 99 99 ,weltz testified that a meeting took place in the summer of #aida on the occasion of a visit by ,generaloberstabsarzt ,hippke to ,luftgau ,,vii4 7,tr4 p4 #gjef47 ,in a discussion between ,weltz1 ,kottenhoff1 and ,hippke1 ,hippke gave his approval in principle to the experiments if they were deemed necessary4 7,tr4 p4 #gjfe47 ,in the course of the summer of #aida1 ,rascher went to ,weltz and proposed the slow-ascent experiments1 but ,weltz turned them down as unnecessary4 7,tr4 p4 #gagf47 ,this testimony of the defendant ,weltz clearly indicates the jurisdiction ,weltz had over ,rascher's activities4 ,this refusal to permit the performance of slow-ascent experiments bears out the contention of the prosecution that the defendant ,weltz had the power and the authority to intervene at any time4 ,weltz' actions throughout the entire development of the plans for the experiments were not merely negative4 ,he was in full accord with the entire enterprise and he realized that ,rascher did not possess the necessary qualifications to conduct these experiments without the assistance of a specialist in this particular field of aviation medicine4 ,furthermore1 although ,rascher was attached to ,weltz' ,institute he had no other definite work4 7,tr4 pp4 #gjgh and #gahg47 ,to find a specialist to collaborate with ,weltz and ,rascher proved to be a difficult task4 ,weltz first approached members of his own institute1 namely ,lutz and ,wendt1 men of considerable reputation in this field1 but to no avail4 ,wolfgang ,lutz appeared before this ,tribunal and testified that ,weltz requested his assistance1 as well as the assistance of ,wendt1 but that they both refused on moral grounds4 7,tr4 p4 #bfi47 ,weltz did not deny this1 but contended that his questions to ,lutz were purely rhetorical4 7,tr4 p4 #gjfi47 ,the inability to interest a specialist in the field of high-altitude research to collaborate with ,rascher explains the cause for the lapse of time between the date of the authorization by ,himmler and the actual date of the commencement of the experiments1 viz1 ,july #aida to ,february #aidb4 ,weltz was not a specialist in high-altitude research4 ,kottenhoff was transferred to ,romania1 and ,rascher was comparatively a novice in this field4 ,the next step taken by ,weltz1 which led to the completion of the plans to conduct the high-altitude experiments on human beings at the ,dachau concentration camp1 was his invitation to the defendants ,ruff and ,romberg to collaborate with ,rascher4 ,these two men were experts in this field and were interested in further research in altitudes exceeding #ab1jjj meters4 ,weltz testified that he made a trip to ,berlin and that ,ruff accepted his invitation to collaborate with ,rascher4 7,tr4 p4 #gahh47 ,the evidence shows that ,weltz approached ,ruff and ,romberg as he needed expert assistance4 7,,no-#dcg1 ,pros4 ,ex4 #db2 ,,no-#bfc1 ,pros4 ,ex4 #dg2 ,,no-#aia1 ,pros4 ,ex4 #dc47 ,the defendant ,ruff stated that he first heard of the plan to carry out research on inmates of the ,dachau concentration camp from the defendant ,weltz and that ,weltz desired collaboration between ,romberg and ,rascher and between ,weltz' ,institute and ,ruff's ,institute4 7,tr4 p4 #ffec47 ,furthermore1 ,ruff testified that ,weltz stated3 8,it is1 of course1 best if you or ,romberg take part in these experiments because ,romberg had already carried out such parachute descent experiments and is therefore the man who knows about the whole problem of rescue from high altitudes40 7,tr4 pp4 #ffed-e47 ,ruff further testified that ,weltz suggested that a new series of experiments in parachute descents from great heights should be carried out at ,dachau on prisoners4 7,tr4 p4 #ffec47 ,from this moment on1 the experimental program started to move as a mutual undertaking4 ,this is better stated by the defendant ,weltz3 8,this was to be a mutual undertaking1 during which ,ruff was to detail ,romberg and ,i was to detail ,rascher4 ,ruff naturally was to be chief of ,romberg and ,i1 as a matter of course1 was to be ,rascher's chief4 ,ruff couldn't give any orders to ,rascher4 ,rascher was a captain in the ,medical ,corps and ,ruff was a civilian4 ,i couldn't give any orders to ,romberg because ,romberg was a civilian while ,i was a soldier4 ,naturally1 this is how the distribution was4 ,it had to be that way4 ,furthermore1 it was clear that ,i couldn't in any way retire4 ,i could not just leave ,rascher to ,ruff4 ,it was quite clear that ,i had to participate in these experiments by exercising supervision1 but not by actively participating40 7,tr4 p4 #gjgi47 ,this evidence certainly rebuts ,weltz' vague contention that he was not in search of specialists in high-altitude research to collaborate with him and ,rascher4 ,without the efforts of ,weltz the experiments could never have taken place4 ,in brief1 to conduct these experiments at altitudes exceeding #ab1jjj meters ,weltz found it necessary to secure the assistance of experts in the field1 as well as a low-pressure chamber which would meet his needs4 ,ruff and ,romberg possessed both1 and in the above manner ,weltz skillfully engineered the whole plan4 ,immediately after ,weltz had completed his negotiations with ,ruff1 he called a meeting at his institute in ,munich1 wherein discussions of a technical nature concerning the experiments were held4 ,at this meeting1 ,ruff1 ,romberg1 ,rascher1 and ,weltz were in attendance4 ,this meeting was at ,weltz' ,institute and ,weltz presided over the meeting4 ,it was further decided that a second meeting was to be held at ,dachau a few days later in order to make the necessary arrangements with the camp commander4 ,this trip took place in order to discuss technical preparations with the camp commander1 and to arrange details concerning the selection of the experimental subjects4 ,again1 ,weltz1 ,ruff1 ,romberg1 and ,rascher were in attendance1 in addition to ,piorkowski1 the camp commander1 and ,schnitzler of the staff of the ,reichsfuehrung ,,ss4 7,,no-#dgf1 ,pros4 ,ex4 #dj2 ,,no-#dcg1 ,pros4 ,ex4 #db2 ,,no-#bfc1 ,pros4 ,ex4 #dg2 ,tr4 pp4 #gjhf-g47 ,after the arrangements with the camp authorities at ,dachau had been completed1 the shipment of the low-pressure chamber from ,berlin was the next problem to overcome4 ,as pointed out earlier1 ,weltz desired the low-pressure chamber which was possessed by ,ruff and ,romberg for use in the experiments at ,dachau4 ,it is interesting to note that ,weltz had had a low-pressure chamber available in his own institute from #aich on 7,tr4 p4 #gagh471 and that ,weltz testified that volunteers from his student body or from the ,luftwaffe were available4 7,tr4 pp4 #gahj-hc47 ,despite this1 it was necessary to resort to the concentration camp for inmates and1 in order to conduct the experiments1 a mobile pressure chamber had to be brought down from the ,ruff ,institute in ,berlin1 as the low-pressure chamber in the ,weltz ,institute was not mobile4 ,the mobile low-pressure chamber from ,ruff's ,institute at ,berlin was driven to ,weltz' ,institute in ,munich and arrived in the late afternoon4 ,this chamber was driven to ,munich by employees of the ,,dvl and turned over to ,weltz4 ,on the following day1 ,,ss drivers came from ,dachau1 received the keys to the chamber and drove it to the concentration camp4 7,tr4 p4 #gaii47 ,the purpose in camouflaging this activity was to deceive the employees of the ,,dvl because ,weltz and ,ruff did not want them to know that the low-pressure chamber was to be used in an experimental program at a concentration camp4 ,this is borne out by the fact that a completely new set of drivers came from the concentration camp to take the chamber to ,dachau4 ,this particular action of secrecy is noticeable when it is considered that ,dachau is merely #ab kilometers from ,munich and actually the ,,dvl drivers had to go out of their way to deliver the chamber to the ,weltz ,institute4 ,ruff testified that the secrecy in the transfer of the chamber to ,dachau was for security reasons4 7,tr4 p4 #feej47 ,from the evidence thus far summarized1 and indeed from ,weltz' own admission1 it is clear that he must be found guilty of the high-altitude crimes committed in ,dachau4 ,this was a criminal undertaking from its inception4 ,it was known to all concerned that the proposed experiments were certain to result in deaths and that they were to be performed on nonvolunteers4 ,that is proved by the very first letter to ,himmler4 ,weltz supported the ambition of his subordinate1 ,rascher1 to perform the experiments on behalf of the ,weltz ,institute4 ,he secured the collaboration of ,ruff and ,romberg4 ,he obtained the consent of ,hippke and a research assignment from the ,referat for ,aviation ,medicine under ,anthony and ,becker-,freyseng4 ,he took care of the technical arrangements and participated in conferences with ,ruff1 ,romberg1 and ,rascher which decided on the experiments to be performed4 ,weltz did more in having the experiments performed than anyone else4 ,his guilt is clearly established on this evidence alone4 ,it is not disputed that ,rascher was subordinated to him until ,february #aidb4 ,weltz' main defense is that he had ,rascher transferred from his institute late in ,february #aidb and1 hence1 cannot be held responsible for what happened thereafter4 ,even if true1 this is no defense4 ,weltz had long since participated in the criminal enterprise4 ,he cannot be heard to say that 8,yes1 ,i did all that1 but ,i'm not responsible for the actual consequences which my acts were expected to bring about40 ,the deaths which occurred in these experiments were foreseeable from the beginning4 ,weltz does not escape responsibility for those deaths1 even if it were true that ,rascher was not subordinated to him when they occurred4 ,but that is not true1 as the evidence proves4 ,the actual date of the commencement of the experiments at ,dachau was #bb ,february #aidb1 which was recalled by the witness ,neff because it was his birthday4 7,tr4 p4 #fjf47 ,from this point on1 the defendant ,weltz takes the position that he had no knowledge of the work and that1 in fact1 ,rascher was relieved from his command4 ,weltz admitted that it was his obligation to supervise ,rascher and that the existing arrangement between ,ruff and ,weltz was that this was to be a joint undertaking4 ,ruff exercised supervision over ,romberg1 and ,weltz was to exercise supervision over ,rascher4 ,weltz conceded that he was ,rascher's disciplinary superior and was responsible for the scientific programs to which he assigned ,rascher4 7,tr4 p4 #gjhh47 ,despite this chain of command and working agreement1 ,weltz takes the position that ,rascher endeavored to work independently and that he did not desire to report to ,weltz4 7,tr4 pp4 #gjhh-i47 ,it became necessary for ,weltz to order ,rascher to report to him twice a week and1 as a result of this order1 ,weltz alleges that ,rascher came to him in the middle of ,february and that they had their first conversation since the meeting in ,dachau and on that occasion1 ,rascher informed ,weltz that the experiments had not even started yet and that he had nothing to report4 7,tr4 p4 #gjhi47 ,weltz testified that ,anthony1 under whom ,becker-,freyseng worked in the ,luftwaffe ,medical ,inspectorate1 in ,berlin1 telephoned him to inquire how the ,dachau experiments were progressing and that he could only reply that nothing had been reported to him4 ,rascher reported to him for the second time1 whereupon ,weltz informed ,rascher that a telephone call had come through from ,berlin and that he wanted to have some clarification as to how things stood at ,dachau4 ,rascher did not want to report anything to ,weltz at the second conversation1 and ,weltz maintains that he told ,rascher that he was going to ,berlin to clear up the situation and obtain a clear decision whether or not ,rascher was to report to him4 ,then1 on the occasion of the third visit from ,rascher1 ,weltz1 expecting a sharp argument1 asked ,wendt of his office to come into the room1 and on that occasion he confronted ,rascher with the alternative either to report to him or to leave the institute4 ,weltz asserts that at that time ,rascher showed him a telegram from ,himmler1 which read3 8,experiments are to be kept secret from everyone40 7,tr4 p4 #gjhi47 ,thereupon1 ,weltz maintains that he ordered ,rascher from his institute and that he then composed a letter1 together with ,wendt1 to the ,luftgau and asked for ,rascher's immediate transfer and that within a few days ,rascher's assignment had ended4 7,tr4 p4 #gjij47 ,the memorandum of ,nini ,rascher to ,himmler of #bd ,february #aidb shows that at that time ,rascher was still subordinate to ,weltz4 7,,no-#bfc1 ,pros4 ,ex4 #dg47 ,she reviewed the history of the experiments and pointed out that on #bd ,july #aida ,rascher1 ,kottenhoff1 and ,weltz were to be in charge4 ,kottenhoff was transferred to ,romania in ,august and thereby excluded from the group4 ,she stated that it was ,weltz's task to initiate the technical execution of the experiments4 ,apparently because of a fear of moral objections on the part of ,hippke1 ,weltz had postponed the beginning of the experiments but had finally secured ,ruff and ,romberg to collaborate with ,rascher4 ,a conference took place in ,dachau between ,piorkowski1 ,schnitzler1 ,weltz1 ,rascher1 ,romberg1 and ,ruff4 ,weltz had given the assurance that he would take care of the authorization for ,rascher4 ,mrs4 ,rascher complained that on #ah ,february1 after ,rascher had carried out all the preparatory work1 ,weltz stated3 8,now that you have removed all obstacles from the path of ,romberg with the ,,ss1 the authorization must be handled differently40 ,mrs4 ,rascher stated that both ,romberg and ,rascher agreed that ,weltz was not needed anymore and that both opposed his attempts to oust ,rascher in favor of himself4 ,weltz contended that the truth of the matter was that he wished to get rid of ,rascher1 and that ,mrs4 ,rascher had misrepresented this to ,himmler so that it would appear that he was trying to eliminate ,rascher in order to keep the work exclusively to himself4 7,tr4 p4 #gjii47 ,there can be no question that ,mrs4 ,rascher was quite correct in her analysis of the situation4 ,what possible reason could ,weltz have for desiring1 just before the experiments began1 to eliminate ,rascher unless he wished to participate himself personally and thus secure a larger share of the scientific credit8 ,certainly he had supported ,rascher from the very inception of the proposal to perform the experiments4 ,be that as it may1 the proof shows that ,rascher continued to participate in the experiments as a subordinate of ,weltz4 ,this is clearly proved by a file memorandum of ,schnitzler of the ,,ss office in ,munich1 dated #bh ,april #aidb4 7,,no-#bfd1 ,pros4 ,ex4 #fj47 ,this memorandum shows that ,rascher was still subordinated to ,weltz1 and that ,weltz was insisting on active participation in the experiments and full responsibility4 ,the ,,rlm ,reich ,air ,ministry had inquired of ,weltz how long the experiments would last1 and whether it was justifiable to detail a medical officer for so long4 ,rascher1 who was chafing under his subordination to ,weltz1 requested that his assignment be changed to the ,,dvl ,german ,aviation ,research ,institute1 ,dachau ,branch4 ,weltz' only reaction to this document was that the date was wrong and should read #bh ,february #aidb instead of #bh ,april #aidb4 7,tr4 p4 #gjii ff47 ,weltz conceded on cross-examination that1 assuming the date #bh ,april #aidb was correct1 then of course ,rascher was still his subordinate at that time4 7,tr4 p4 #gbcb47 ,the file memorandum of ,sievers dated #c ,may #aidb settled this question beyond any doubt4 ,this memorandum reads as follows3 8,,ss ,untersturmfuehrer ,stabsarzt ,dr4 ,rascher reported in ,munich on #bi ,april #aidb about the result of the conference with ,oberstabsarzt ,dr4 ,weltz4 ,weltz requested that ,dr4 ,rascher be withdrawn if by ,friday1 #a ,may #aidb he 7,weltz7 were not taken into consultation regarding the experiments4 ,the ,reich ,leader ,,ss was informed accordingly4 ,he ordered ,,ss ,obergruppenfuehrer ,wolff on #cj ,april #aidb to send a telegram to ,field ,marshal ,milch requesting that ,dr4 ,rascher be ordered to the ,german ,aviation ,research ,institute ,deutsche ,versuchsanstalt fuer ,luftfahrt1 ,dachau ,branch1 and there to be at the disposal of the ,reich ,leader ,,ss40 7,,no-#acei1 ,pros4 ,ex4 #dic47 ,after having been confronted with this document ,weltz in effect conceded that his previous testimony about the transfer of ,rascher had been1 to say the least of it1 incorrect4 ,he said3 8,yes1 now the entire matter looks somewhat different4 ,if ,i had this file note of ,sievers in addition to my other documents1 ,i would have known that the note of ,schnitzler was correct1 and that there must be another possibility to explain ,mrs4 ,nini ,rascher's letter4 ,this letter1 on the other hand1 cannot be explained now4 ,i can only try to reconstruct the dates from the documents which were available here1 since ,i no longer know them today40 7,tr4 p4 #gbci47 ,on redirect examination by his defense counsel1 ,weltz was asked again to clarify the situation with respect to ,rascher's subordination1 and he replied3 8,since my first attempt to clarify this contradiction came to naught1 ,i should not like to try again4 ,i simply can see no way to clarify it on the basis of the material before me40 7,tr4 p4 #gbea47 ,in a letter of #bj ,may #aidb from ,milch to ,wolff it is again made evident beyond any doubt that ,rascher was subordinate to ,weltz3 8,in reference to your telegram of #ab ,may our medical inspector reports to me that the altitude experiments carried out by the ,,ss and ,air ,force at ,dachau have been finished4 ,any continuation of these experiments seems essentially unreasonable4 ,however1 the carrying out of experiments of some other kind1 in regard to perils at high sea1 would be important4 ,these have been prepared in immediate agreement with the proper offices2 ,major 7,m4 ,c47 ,weltz will be charged with the execution and ,captain 7,m4 ,c47 ,rascher will be made available until further orders in addition to his duties within the ,medical ,corps of the ,air ,corps40 7#cdc-;,a-,,ps1 ,pros4 ,ex4 #fb47 ,thus it is clear that ,weltz must be held responsible for the numerous murders which resulted during the high-altitude experiments in ,dachau4 ,not only did he participate in plans and enterprises involving the commission of these experiments1 but he also was the direct superior of ,rascher who1 together with ,ruff and ,romberg1 actually executed the experiments4 ,status of ,prisoners ,used in the ,experiments ,after ,weltz had successfully secured the collaboration of ,ruff and ,romberg1 he held a meeting at his institute in ,munich late in ,december #aida1 or early in ,january #aidb4 7,tr4 p4 #ffeg2 ,tr4 p4 #gjhf47 ,ruff1 ,romberg1 ,weltz1 and ,rascher attended this meeting primarily to lay the groundwork for the technical arrangements necessary to perform the work at ,dachau4 ,it is alleged by all the defendants that the question regarding the status of the prisoners to be used was discussed and that ,rascher had assured them that the subjects would be exclusively volunteers4 7,tr4 p4 #gjhf2 ,tr4 p4 #fbcb2 ,tr4 p4 #fhfi47 ,in fact1 the defendants state that ,rascher exhibited a communication from ,himmler which provided that the subjects must be volunteers under all circumstances4 7,tr4 p4 #fhfi47 ,unfortunately1 this letter has not been produced by the defense4 ,needless to say1 the defendants take the position that such experiments were to be performed on habitual and condemned criminals and that considerations were to be offered to said 8volunteers0 in the event of their surviving the experiments4 ,as a matter of fact1 ,romberg explicitly states that he saw the 8,himmler letter0 and he was able to observe the words 8criminal0 and 8volunteer0 therein4 7,tr4 p4 #fhgj47 ,the assertion on the part of the defendants that ,himmler had ordered that the criminals used be volunteers is ridiculous and incredible when one considers that ,himmler instructed ,rascher to pardon these unfortunate inmates only if they could be recalled to life after having been subjected to the type of experiments outlined in ,rascher's first interim report1 wherein it is shown that the experimental subjects had stopped breathing altogether and their chests had been cut open1 i4 e41 autopsy had been actually performed on them4 7#aiga-;,a-,,ps1 ,pros4 ,ex4 #di47 ,in this instance1 ,himmler graciously stated3 8#c4 ,considering the long-continued action of the heart1 the experiments should be specifically exploited in such a manner as to determine whether these men could be recalled to life4 ,should such an experiment succeed1 then1 of course1 the person condemned to death shall be pardoned to concentration camp for life40 7#aiga-;,b-,,ps1 ,pros4 ,ex4 #ea47 ,it is absurd to give any weight to the allegation that ,himmler provided that the subjects were to be volunteers4 ,these men knew that volunteers could not be secured and that was the very reason for going to ,himmler4 ,this is shown in the letter from ,rascher to ,himmler requesting that criminals be made available due to the fact that 8nobody is volunteering40 ,the defendant ,ruff admitted on the stand that the experiments conducted on themselves and colleagues in ,berlin concerned altitudes up to #ab1jjj meters and that the question of what would happen between #ab1jjj and #bj1jjj meters was subsequently investigated at ,dachau4 7,tr4 p4 #ffgi47 ,it is obvious1 therefore1 that ,ruff1 ,romberg1 ,weltz1 and ,rascher were unwilling to perform such investigations on themselves4 ,the evidence has proved that the subjects used in the high-altitude experiments were not1 with a few minor exceptions1 volunteers4 ,the inmates were simply selected at random in the camp and forced to undergo the experiments4 ,russians1 ,poles1 ,jews of various nationalities1 and ,germans were used4 ,russian prisoners of war were included1 as were many political prisoners4 ,approximately #ahj to #bjj inmates were experimented on1 about #gj to #hj being killed as a result4 ,not more than #dj of these had been 8condemned to death40 ,among those killed were political prisoners4 7,tr4 pp4 #fac-ah2 also ,tr4 p4 #dcb47 ,this testimony of ,neff1 who was the inmate assistant in the experiments and who identified ,ruff1 ,romberg1 and ,weltz1 is corroborated by ,rascher's cable asking if ,himmler's amnesty rule applied to ,russians and ,poles who had been extensively used in the experiments4 7#aiga-;,d-,,ps1 ,pros4 ,ex4 #eb47 ,the nationality and status of inmates were easily discernible from the badges worn on their uniforms4 ,ruff and ,romberg could have told from these that foreign nationals and political prisoners were being used4 7,tr4 pp4 #faf-g47 ,the witness ,neff's testimony reveals that approximately #aj prisoners were selected as permanent1 experimental subjects1 but they were not volunteers4 7,tr4 pp4 #faa1 #fbb1 and #dcj47 ,there were1 however1 a few 8volunteers0 according to ,neff4 ,he stated that 8there were certain volunteers for these experiments1 because ,rascher promised certain persons that they would be released from the camp if they underwent these experiments40 7,tr4 p4 #fad47 ,neff clearly pointed out that in view of the way the prisoner subjects were selected and used it was not possible to know who were volunteers1 if any1 and who were not volunteers4 7,tr4 pp4 #fjf-bf47 ,they were not brought in and used as a separate group4 ,moreover1 the evidence shows that these promises were not kept4 7,tr4 p4 #fae47 ,the only evidence of a release is the case of ,sabota1 as outlined by ,neff1 and in that case he was sent to an undesirable special ,,ss commando group4 ,no death sentences were commuted4 ,the defense claims for ,ruff and ,romberg that the experiments at ,dachau were divided into two groups4 ,the first group1 the so-called ,ruff-,romberg-,rascher experiments1 was noncriminal1 while the second group1 the ,rascher experiments1 encompassed all the crimes4 ,they contend that the ,ruff-,romberg-,rascher experiments were conducted independently of the ,rascher experiments and that the #aj original subjects mentioned by ,neff and ,vieweg were used exclusively for the ,ruff-,romberg-,rascher experiments4 ,despite the testimony of the witnesses and the weight of the documentary evidence1 they would have the ,tribunal believe that by a wondrous working of fate these were all volunteers and no crimes occurred4 ,this defense is of course inapplicable to ,weltz4 ,rascher was subordinated to and subject to his orders4 ,it should be noted that ,romberg and ,rascher who tested themselves in the altitude chamber at ,dachau with an air pressure equivalent to #ab1ejj and #ac1ejj meters altitude respectively1 for #cj to #dj minutes1 discontinued these experiments on themselves because of intense pain4 7,,no-#djb1 ,pros4 ,ex4 #ff47 ,yet1 these men proceeded1 as proved by their own joint report1 to conduct experiments on prisoners which they would not perform on themselves4 ,the experimenters took no responsibility or even interest in seeing to it that the alleged promises made to the subjects to induce them to 8volunteer0 were kept4 7,tr4 p4 #fiic47 ,although ,romberg said he had no channel to ,himmler1 he also admitted he visited ,himmler with ,rascher in ,july #aidb4 7,tr4 pp4 #gjae-f47 ,in this connection1 we must consider the convenient line of the defense4 ,by limiting the ,ruff-,romberg-,rascher experiments to the #aj subjects1 we find that they further allege that no deaths occurred in those experiments as opposed to a considerable number of deaths in the ,rascher work4 ,but the witness ,neff1 in describing the first day of the experiments1 emphatically stated that the first series of experiments was not carried out on volunteers4 ,furthermore1 the defendant ,ruff was also present during these experiments4 7,tr4 p4 #fbb47 ,the defendants' contention that the experiments were in two groups is explicitly denied by ,neff4 ,he testified that ,romberg not only experimented with ,rascher on the original #aj subjects1 but also on a large number of other prisoners4 ,the distinction fabricated by the defendants cannot possibly be credited in the light of ,neff's testimony4 ,on being asked the question whether ,romberg experimented only on the #aj original subjects1 ,neff replied3 8,experiments were conducted not only with these ten persons but1 for example1 in a series of experiments which ,romberg also conducted on a large number of other prisoners4 ,the distinction which the defense counsel tries to make between experiments included in the report to the ,luftgau or of death--it is impossible for me to make this distinction and to distinguish between those which fell into one category or the other40 7,tr4 p4 #fia47 ,which is to be believed1 the testimony of ,neff1 plus one's common sense1 or the self-serving statements of the defendants8 ,this is a question the ,tribunal must answer4 ,there is no such thing as half a murderer4 ,these defendants are responsible for those murders or they are not responsible4 ,there is not one scintilla of evidence to support the ridiculous contention that a group of volunteers1 segregated for use by ,romberg1 wore different colored shirts so he could tell them apart and were treated with the greatest deference4 ,but that is just what ,ruff and ,romberg ask the ,tribunal to find4 ,it is absolutely impossible in the face of the record4 ,this1 alleged disassociation of ,ruff and ,romberg from the 8crimes committed exclusively by ,rascher0 is in complete contradiction to the acts of these defendants during the experiments1 which after all speak much louder than their present testimony4 ,neff testified that ,romberg personally witnessed at least five deaths during the experiments1 and that he made no effort to stop them nor did he even protest after the event4 7,tr4 p4 #fai47 ,romberg admitted seeing three deaths and that he knew that five to ten other murders took place in his absence4 7,,no-#dgf1 ,pros4 ,ex4 #dj47 ,the first death ,romberg saw1 he said1 occurred in ,april4 ,he reported this to ,ruff4 ,yet the experiments were not discontinued4 ,they went on to the end of ,june and still more deaths occurred which ,romberg saw4 ,to say the least of it1 these defendants made themselves a party to murder by continuing the experiments4 ,this is true no matter how innocent they may have been up to the first death4 ,they were duty bound to stop the experiments immediately1 remove the chamber1 and force a court martial of ,rascher4 ,they did none of these simple and obvious things4 ,they did not for the very reason that deaths were expected from the very beginning and were a part of the experimental plan4 ,romberg saw these men die and did absolutely nothing4 ,it was within his power to save them at the time4 ,he said he was operating the electrocardiograph4 ,he knew precisely by their heart action when the subjects were in danger of dying4 ,he also knew this from his knowledge of reaction to high altitudes4 ,he could see and read the pressure gauges4 ,he could have turned the pressure down and saved their lives by simply moving the gauge which was within arm's reach4 ,he was a bigger man than ,rascher4 ,force could have been used if necessary4 ,not only did he do nothing while the helpless victims died before his very eyes1 but he assisted in the autopsies4 ,after all these murders had occurred and were known to them1 ,ruff and ,romberg still went on4 ,they issued a joint report on the experiments in the name of ,ruff1 ,romberg1 and ,rascher in ,july #aidb4 7,,no-#djb1 ,pros4 ,ex4 #ff47 ,they were still collaborating with this admitted murderer and gave him the cover of their scientific reputation4 ,romberg received a medal for his work in the experiments on the recommendation of ,rascher4 7#afjg-;,a-,,ps1 ,pros4 ,ex4 #fe47 ,romberg was still supporting ,rascher in ,september #aidb and was to have made an oral report to ,milch on the experiments with ,rascher4 ,he wrote a memorandum on ,rascher's behalf explaining that the report was not given because ,milch was unable to receive them at the scheduled time4 ,this same memorandum1 signed by ,romberg1 proves that he was anxious to continue high-altitude experiments with ,rascher and asked for ,milch's permission4 ,he wrote3 8,oberstarzt ,kalk stated that he was willing to report to the ,state ,secretary 7,milch7 our wishes concerning the distribution of the report and the continuation of the experiments4 99 99 99 ,oberstarzt ,kalk had transmitted1 still on #aa ,september1 our wishes concerning distribution and confirmation of the experiments to the ,state ,secretary4 ,the ,state ,secretary had approved the distribution schedule1 and said that a continuation of the experiment was not urgent40 7,,no-#bbd1 ,pros4 ,ex4 #gf47 ,in the meantime1 the murderous freezing experiments had been started with the ,luftwaffe team of ,holzloehner1 ,finke1 and ,rascher4 ,ruff1 ,romberg1 and ,weltz all heard the report of those experiments in ,nuernberg in ,october #aidb4 7,,no-#dja1 ,pros4 ,ex4 #ic47 ,hippke himself wrote his special thanks to ,himmler on #h ,october #aidb1 and said3 8,when the work will need once more your sympathetic assistance1 may ,i be allowed to get in touch with you again through ,stabsarzt ,dr4 ,rascher80 7,,no-#bhi1 ,pros4 ,ex4 #gb47 99 99 99 99 99 ,analysis of the ,experiments ,the experiments at ,dachau in the field of high-altitude research were conducted to determine human reactions to altitudes above #ab1jjj meters4 ,the defendant ,romberg stated that four series of experiments were conducted 7a7 slow descent without oxygen1 7b7 slow descent with oxygen1 7c7 falling without oxygen1 and 7d7 falling with oxygen4 7,,no-#dgf1 ,pros4 ,ex4 #dj47 ,the first two tests were designed to simulate descent with parachute open while the latter two a free fall from an airplane before the parachute opens4 ,as pointed out in ,dr4 ,rascher's first interim report on the experiments1 an additional problem was to be solved1 namely1 the determination whether the theoretically established norms pertaining to the length of life of human beings breathing air with only a small portion of oxygen and subjected to low pressure correspond with the results obtained by practical experience4 ,this interim report of ,rascher's states as follows3 8#b4 ,experiments testing the length of life of a human being above the normal breathing limits 7#d1 #e1 #f km47 have not been conducted at all1 since it has been a foregone conclusion that the human experimental subject 7,versuchsperson-,,vp7 would suffer death40 ,the experiments conducted by myself and ,dr4 ,romberg proved the following3 8,experiments on parachute jumps proved that the lack of oxygen and the low atmospheric pressure at #ab or #ac km4 altitude did not cause death4 ,altogether #ae extreme experiments of this type were carried out in which none of ,,vp died4 ,very severe bends together with unconsciousness occurred1 but completely normal functions of the senses returned when a height of #g km4 was reached on descent4 ,electrocardiograms registering during the experiments did show certain irregularities1 but by the time the experiments were over the curves had returned to normal and they did not indicate any abnormal changes during the following days4 ,the extent to which deterioration of the organism may occur due to continuously repeated experiments can only be established at the end of the series of experiments4 ,the extreme fatal experiments will be carried out on specially selected ,,vp's otherwise it would not be possible to exercise the rigid control so extraordinarily important for practical purposes40 ,emphasis supplied4 7#aiga-;,a-,,ps1 ,pros4 ,ex4 #di47 ,thus1 it is clear that the experiments were planned and executed with the intention that some were to terminate fatally4 ,this report covered the period up to the first week in ,april and mention of deaths and autopsies is made4 ,this quite obviously was the instance when ,romberg says he saw his first death and autopsy1 although he tends to place the date as the latter part of ,april4 7,,no-#dgf1 ,pros4 ,ex4 #dj47 ,if the experiments had been stopped there the lives of many subjects would have been saved4 ,the defendants argue that1 while the experiments may have killed persons1 they did not involve torture and pain4 ,this is on the theory that the subjects lost consciousness before any sensation of pain4 ,this anomalous defense is completely disproved by the photographic exhibits showing the expressions of pain of the subjects4 7,,no-#faj1 ,pros4 ,ex4 #da47 as well as the defendants' own report on the experiments4 7,,no-#djb1 ,pros4 ,ex4 #ff47 ,the reaction of one subject was described in terms such as 8severe altitude sickness1 spasmodic convulsions04 ,in a self-experiment by ,romberg and ,rascher1 the latter's reactions were described as follows3 8,after #aj minutes stay at this altitude1 pains began on the right side with a spastic paralytic condition of the right leg which increased continually as though ,ra's ,rascher's whole right side were being crushed between two presses4 ,at the same time there were most severe headaches as though the skull were being burst apart4 ,the pains became continually more severe so that at last the discontinuation of the experiment became necessary40 7,,no-#djb1 ,pros4 ,ex4 #ff47 ,there is no case on record where an experiment on an inmate was discontinued because of pain4 ,ruff and ,romberg take the position that they would be most unwilling to kill prisoners in the course of an experiment4 ,they insist that their experiments with ,rascher were concerned with the problem of explosive decompression and on parachute descent from high altitudes1 whereas ,rascher alone worked on sojourn or a more prolonged stay at high altitudes1 and that it was in ,rascher's experiments that prisoners were killed4 ,this again is the artificial division of the experiments into the criminal and noncriminal which has already been proved to be spurious4 ,but here again1 the two self-experiments which ,ruff1 ,romberg1 and ,rascher included in their joint final report as mentioned above were experiments on prolonged stay at high altitude1 a subject which they now claim was exclusively ,rascher's4 ,the only reason that this experiment did not end fatally was the fact that it was interrupted in time because of intense pain4 ,moreover1 on page #aa of the final report by ,ruff1 ,romberg1 and ,weltz the following is said3 8,this is worthy of special attention because in this case a person has fully recovered mentally at an altitude of #h4c km4 7#bg1bcj ft471 after #c minutes of the most severe lack of oxygen1 while in altitude endurance experiments at this altitude severe altitude sickness sets in after about #c minutes40 ,emphasis supplied4 7,,no-#djb1 ,pros4 ,ex4 #ff47 ,here1 again1 it is proved from their own report that ,ruff and ,romberg1 as well as ,rascher1 were concerned with sojourn at high altitudes4 ,experiments1 in which prisoners were killed1 are reported in ,rascher's report to ,himmler of #aa ,may #aidb4 7,,no-#bbj1 ,pros4 ,ex4 #fa47 ,some prisoners were killed by keeping them at #ab1jjj meters without oxygen for #cj minutes2 one was killed at #bj1jjj meters when exposed there for about #f minutes without oxygen4 ,these prisoners were autopsied to ascertain if bubbles of gas1 called air embolism in ,rascher's report of #aa ,may #aidb1 were present in the blood vessels of the brain and other organs when dissected under water4 ,some 8,jewish professional criminals0 who had committed 8,rassenschande0 7race pollution7#ah were killed for another reason3 8,to find out whether the severe psychic and physical effects1 as mentioned under ,no4 #c1 are due to the formation of embolism1 the following was done3 ,after relative recuperation from such a parachute descending test had taken place1 however before regaining consciousness1 some ,,vp's were kept under water until they died4 ,when the skull and the cavities of the breast and of the abdomen had been opened under water1 an enormous amount of air embolism was found in the vessels of the brain1 the coronary vessels and the vessels of the liver and the intestines1 etc40 7,,no-#bbj1 ,pros4 ,ex4 #fa47 ,it should be noted that these murders were committed in connection with the parachute descending tests1 not prolonged stay at high altitudes1 and this was the very subject being studied by ,ruff and ,romberg4 ,romberg testified that he was present at the death of three of these prisoners1 one in ,april and two in ,may #aidb1 and witnessed an autopsy of one1 in which gas bubbles were present in the blood vessels of the brain4 ,he reported these deaths to ,ruff4 7,,no-#dgf1 ,pros4 ,ex4 #dj47 ,neff testified ,romberg was present in five cases where fatalities occurred 7,tr4 pp4 #fai1 #fib47 and ,romberg admitted that he knew that five to ten other experimental subjects were killed while he was not present4 7,,no-#dgf1 ,pros4 ,ex4 #dj47 ,neff stated that ,romberg actively participated in the majority of the experiments4 ,he observed the experiments1 took notes1 and studied the electrocardiogram and thus was able to determine when an experimental subject in the chamber was about to die4 7,tr4 p4 #fea47 ,it is incredible that ,dr4 ,ruff was not informed regarding the finding of bubbles in the blood vessels of the brain since such observations in human beings who have died following too rapid atmospheric decompression is a very1 very unique event1 though bubbles had been observed many times prior to #aidb in the blood vessels of laboratory animals4 ,it is inconceivable that ,dr4 ,ruff1 or anyone else in the field of aviation medicine1 had not heard of the bubble theory of the cause of joint pains1 coughing1 blindness1 or paralysis1 or the symptoms of the pressure drop sickness1 which may occur on exposure to high altitude1 since this theory was well known in literature and text books of aviation medicine available since #aich4 ,how else would ,rascher have had occasion to look for the bubbles8 ,he either learned of the theory during a course in aviation medicine or was told about it by ,ruff and ,romberg1 who knew much more than ,rascher about aviation medicine4 ,it is fantastic that ,ruff1 ,romberg1 and ,rascher did not have in mind the observations of bubbles in the blood vessels of the murdered prisoners1 when1 in the final joint report of #bh ,july #aidb1 they wrote3 8,in spite of the relatively large number of experiments1 the actual cause of the severe mental disturbances and bodily failures 7paralysis1 blindness1 etc47 attendant upon post-hypoxemic twilight state remains something of a riddle4 ,it appeared often as though the phenomena of pressure drop sickness had combined with the results of severe oxygen lack04 7,,no-#djb1 ,pros4 ,ex4 #ff47 ,it has been the theory for some time that the symptoms associated with decompression or pressure-drop sickness may be due to the formation of gas bubbles 7air embolism7 in the blood vessels of the brain or in the regions of the joints or in the blood vessels of the lungs4 ,when the bubbles collect in the blood vessels of the brain1 they are supposed to cause a physical or mental disturbance or paralysis4 ,when the gas bubbles collect in the region of the joints1 they are supposed to cause pain in the region of the joints4 ,when the bubbles collect in the blood vessels in the lungs1 they are supposed to cause the chokes or attacks of coughing4 ,that has been a theory that has been held for some #ae or #bj years1 and an expert in the field of aviation medicine could not have been unaware of it4 7,tr4 pp4 #ijih-i47 ,since ,rascher had observed bubbles as is described in his report of #aa ,may #aidb1 and since ,ruff and ,romberg had complete knowledge of the deaths1 obviously these important findings of ,rascher on air embolism did not escape the attention of ,ruff and ,romberg4 ,it can only be concluded that these findings1 which resulted from intentioned deaths1 form the basis of the paragraph quoted above from the final report4 ,because of the nature of the subject matter1 and a prior knowledge of the observations in the autopsies in the experiments1 the ideas expressed in the paragraph quoted above cannot be separated from those in the ,rascher report of #aa ,may4 ,so testified the expert witness ,dr4 ,a4 ,c4 ,ivy4 7,tr4 p4 #iaea47 ,all of this proves again that the testimony of ,ruff and ,romberg to the effect they had nothing to do with the so-called 8,rascher experiments0 is completely false4 ,even though deaths are not specifically mentioned in the joint report of #bh ,july1 it is clear from ,dr4 ,ivy's testimony that the findings in the death cases form the basis for a part of that report4 ,ruff and ,romberg would have the ,tribunal believe that the experiments were completed and the chamber removed from ,dachau by #bj ,may #aidb4 ,since ,romberg knew of and reported on the deaths to ,ruff in ,april1 there clearly was no excuse whatever to leave the chamber in ,dachau for even another day4 ,but according to their own story1 it stayed until #bj ,may and ,romberg saw two more men killed4 ,they attempted to gloss over their criminal participation in these later murders by saying that the chamber could not be moved without orders from the ,luftwaffe ,medical ,inspector4 ,be that as it may1 such a technical violation of moving the chamber without orders is hardly comparable to the crime of leaving the chamber for further experiments by a man whom they admit they knew to have been a murderer4 ,indeed1 any decent superior who was not himself a party to the crime1 as they actually were1 would undoubtedly have court-martialed ,ruff and ,romberg for leaving the chamber there1 not to speak of ,rascher4 ,but it is not true that the chamber left ,dachau on #bj ,may #aidb as they perjuriously stated4 ,they seized upon this date from ,milch's letter to ,wolff stating that the chamber was needed elsewhere4 7#cdc-;,a-,,ps1 ,pros4 ,ex4 #fb47 ,there clearly was an intention to transfer the chamber1 but it was not in fact moved and this was undoubtedly due to the joint efforts of ,ruff1 ,romberg1 and ,rascher4 ,romberg was anxious to continue his criminal work with ,rascher in ,september #aidb as has been pointed out above4 ,in any event1 on #d ,june #aidb1 ,milch authorized retention of the chamber in ,dachau for two more months4 7,,no-#bfa1 ,pros4 ,ex4 #fc47 ,on #be ,june this order was passed on to ,rascher by ,heckenstaller1 adjutant to ,wolff1 reference being made to a letter of #e ,june from ,rascher4 7,,no-#bhd1 ,pros4 ,ex4 #fd47 ,these documents prove beyond doubt that the chamber remained in ,dachau until ,july #aidb4 ,the testimony of ,neff not only proves that the experiments continued until ,july #aidb but also that ,romberg was presented with a remarkable opportunity to discontinue the experiments without any trouble whatever4 ,neff stated that ,romberg told him in the latter part of ,may that the chamber was to be transferred 7undoubtedly as a result of ,milch's letter of #bj ,may which was later countermanded7 and1 under the impression that ,romberg might not be in favor of any continuation of the experiments1 he sabotaged the chamber by breaking a glass barometer in order to make sure the chamber would be sent away4 ,instead of seizing this opportunity for stopping the experiments by removing the damaged chamber1 ,romberg rushed to ,berlin1 obtained spare parts1 and in a matter of #b weeks had the chamber functioning again for more murderous experiments4 7,tr4 pp4 #fbc-d47 ,the chamber was used for another #c weeks after it was repaired and five persons were killed on the last day of the experiments4 7,tr4 p4 #fbd47 ,although the defense attacked ,neff on cross-examination concerning the sabotage of the chamber 7,tr4 p4 #ffc71 by the time ,romberg took the stand they admitted the chamber was damaged but moved the whole incident to the month of ,may instead of ,june4 7,tr4 p4 #fije47 ,this was obviously done on the theory that the ,tribunal could be deceived into believing that very few experiments could have been conducted in ,may since they contend the chamber was moved on #bj ,may4 ,but the documents and ,neff's testimony clearly established that the chamber was there until ,july4 ,moreover1 it matters little whether the chamber was damaged in ,may or ,june4 ,romberg in no event took the opportunity to stop the experiments on the ground of unavailable spare parts1 although this opportunity would not have been needed if he really wanted to discontinue them4 ,he need have done nothing more complex than to have sent the chamber away or left himself4 ,ruff's and ,romberg's guilt is beyond doubt when we consider that they did not take the opportunity to withdraw after the first death of an experimental subject in ,april #aidb4 ,romberg admitted his presence at the death of this first subject4 7,tr4 p4 #fibd47 ,he was studying the electrocardiogram at the time of the experiments 7,,no-#dgf1 ,pros4 ,ex4 #dj71 but he would have the ,tribunal find that he was an innocent bystander who was privileged to do nothing4 ,this was just another 8,,ss experiment0 according to ,romberg4 ,but ,romberg admitted that he was working the electrocardiogram and was studying the point of light that follows the heart4 ,when he saw that the critical point had been reached1 he said he spoke to ,rascher 7,tr4 p4 #fibg71 but to no avail as ,rascher continued the experiment until death resulted4 ,this testimony of assumed impotence when a man was slowly killed before his eyes is an insult to one's intelligence4 ,romberg was the senior scientist and was fully aware of the fact that the danger zone had been reached as he was thoroughly familiar with the equipment being used4 ,he has outlined for the ,tribunal the proximity of the electrocardiogram to the controls of the chamber 7,tr4 p4 #fibi71 and it is inconceivable that ,romberg could not have taken the necessary action to have spared this experimental subject's life if he had so desired4 ,the inescapable fact is that these deaths were part of the plan and ,romberg not only had no desire to interfere but was very much interested in the cause of death through air embolism4 ,assuming that ,romberg was opposed to this fatal experiment1 it is impossible to understand why he did not take the appropriate action to have ,rascher prosecuted for this premeditated murder4 ,the fact of the matter is that ,romberg merely reported this death to ,ruff 7,tr4 p4 #ficb71 and no appropriate action was taken by ,ruff either4 ,although alleging an objection to this fatality1 ,romberg admits participation in the autopsy of the unfortunate victim4 ,this autopsy clearly bore out the fact that air embolism was the cause of death4 ,when asked if he participated in this autopsy1 ,romberg answered1 8,yes1 ,i watched one autopsy4 ,that was my duty40 7,tr4 p4 #fibd47 ,romberg testified that he saw two other deaths and that air embolism also caused those4 7,tr4 pp4 #fibe-f47 ,ruff and ,romberg lay great stress on the point that deaths are not mentioned in the joint report of #bh ,july #aidb of ,romberg1 ,ruff1 and ,rascher4 ,this1 of course1 is a very understandable omission1 but it in no way proves that they are not responsible for those murders4 ,indeed1 the joint report of #bh ,july #aidb 7,,no-#djb1 ,pros4 ,ex4 #ff7 is identical with ,rascher's report of #aa ,may #aidb 7,,no-#bbj1 ,pros4 ,ex4 #fa7 except for the specific mentioning of the deaths4 ,for example1 paragraph #c of the ,rascher report is a summary of part ,,iii-#a1 pages #c to #ah1 and part ,,iii-#b1 pages #ah to #ai of the joint final report4 ,paragraph #d of ,rascher's report contains results set out in part ,,iii-#d1 pages #ba to #bb1 of the joint final report4 ,paragraph #e of ,rascher's report is identical with part ,,iii-#c1 pages #ai to #ba1 of the joint final report4 ,paragraph #f of the ,rascher report where the pervitin experiments are mentioned is alluded to in the pervitin data in the joint final report on page #ah4 ,paragraph #g of the ,rascher report contains the conclusions incorporated in the joint final report and gives details on the gas bubble data which are referred to on pages #af to #ah of the joint final report1 but from which is omitted reference to the autopsy results of the murdered prisoners4 ,these various passages were compared by the witness ,ivy and he concluded that they refer to the same subject matter4 7,tr4 p4 #ijig47 ,ruff attempts to explain the omission of mention of deaths in the final report on the ground that the deaths did not occur as a result of their experiments on rescue from high altitudes 7i4 e41 parachute descending tests71 but rather in ,rascher's own experiments with which they had nothing to do 7i4 e41 prolonged stay at high altitudes74 7,tr4 p4 #feib47 ,it has already been proved that the basic premise to this spurious argument is completely false1 since ,ruff and ,romberg themselves were not interested in sojourn at high altitudes4 ,the self-experiments of ,romberg and ,rascher were just such tests and they are specifically mentioned in the final report4 ,these involved a stay of #cj to #dj minutes at altitudes between #ab and #ac4e kilometers 7#ci1djj to #dd1bij feet74 ,but so also is the minor premise wrong4 ,deaths were deliberately brought about in the course of the parachute descending tests4 ,in these tests it had been noted that the subjects suffered from spasmodic and clonic convulsions together with paralysis4 ,this is reported in paragraph #c of ,rascher's memorandum of #aa ,may #aidb on the experiments and also on pages #ac through #ah of the final report4 ,in his memorandum1 ,rascher stated3 8,to find out whether the severe psychic and physical effects1 as mentioned under ,no4 #c1 are due to the formation of embolism1 the following was done3 ,after relative recuperation from such a parachute descending test had taken place1 however before regaining consciousness1 some ,,vp's were kept under water until they died4 ,when the skull and the cavities of the breast and of the abdomen had been opened under water1 an enormous amount of air embolism was found in the vessels of the brain1 the coronary vessels1 and the vessels of the liver and the intestines1 etc40 ,emphasis supplied4 7,,no-#bbj1 ,pros4 ,ex4 #fa47 ,this proves beyond any doubt that murders were committed in the parachute descending tests of ,ruff1 ,romberg1 and ,rascher4 ,ruff again tried to deceive the ,tribunal by testifying that it was substantially impossible for air embolism to form in parachute descending tests4 ,this is obviously disproved by the statement of ,rascher quoted above and by the reference in the final report1 already mentioned above1 which alludes to this same problem4 ,but the lie was also squarely nailed by the expert witness ,ivy1 who testified that it was possible for air embolism to form in subjects who were at altitudes above #ab1jjj meters 7#ci1djj feet7 only #c minutes1 that is to say1 subjects who bailed out at #ae1jjj meters4 ,bubbles may form as low as #cj1jjj feet4 7,tr4 p4 #iajb47 ,thus1 the defense that no deaths occurred during the experiments concerning rescue from high altitudes is completely spurious4 ,moreover1 it should be noted that while the joint final report does not describe any of the death cases1 it also does not deny that deaths occurred4 ,on page #be of the original1 it says3 8,in conclusion1 we must make it particularly clear that1 in view of the extreme experimental conditions in this whole experimental series1 no fatality and no lasting injury due to oxygen lack occurred40 7,,no-#djb1 ,pros4 ,ex4 #ff47 ,the deaths described in ,rascher's report quoted above were not due to lack of oxygen but were deliberate killings to investigate air embolism4 ,but even the experiments which ,ruff1 ,romberg1 and ,weltz admit were planned and performed under their responsibility were highly dangerous to the life and health of the subjects4 ,both ,ruff and ,romberg agreed that #ab1jjj meters was the upper limit of safety and that experiments of the type they performed above that altitude were hazardous4 ,the description of the reaction of the subjects as set forth in the final report proves that the subject suffered severe convulsions and prolonged periods of disorientation4 ,the expert witness ,ivy pointed out that the experiments described in the final report of ,ruff1 ,romberg1 and ,weltz were highly dangerous for the following reasons3 8,i consider them to be dangerous because of the prolonged period of unconsciousness to which the subjects were exposed4 ,for example1 they were unconscious for periods of around twenty minutes1 and they were disoriented for periods of around thirty to ninety minutes4 ,that is a dangerous period of oxygen lack to which to expose the brain4 ,i agree that 99 99 99 the electrocardiogram demonstrates that the heart of these subjects was not momentarily affected or significantly affected by this prolonged exposure to oxygen lack4 ,but these experiments do not show1 or the results do not show that the cells of the brain were not injured4 ,one of the higher faculties of the brain is learning1 and we know that the learning process is rather sensitive to oxygen lack1 and the only way to check against the possibility of damage of the learning mechanism by prolonged exposure to oxygen lack would have been to have determined the ,i4 ,q4 of these subjects or the ability of these subjects to learn before and after the subjects were exposed to such a prolonged period of oxygen lack40 7,tr4 p4 #ijcf47 ,dr4 ,ivy testified that the experiments described in the final report had reached the physiological limit and that work was being done in a very dangerous and hazardous zone as far as the welfare of the experimental subjects was concerned4 ,he said that he should be reluctant to perform such experiments even on himself and that he would prefer to depend upon that degree of accuracy which could be obtained from calculations of the results of animal experiments4 7,tr4 pp4 #ijha1 #iaab1 and #iaig47 ,finally it should be noted that the experiments were neither necessary nor a scientific success4 8,necessity of the ,state0 has been much used by the defendants as if it were a defense4 ,this is clearly unfounded even though necessity1 military or otherwise1 be assumed4 ,it is to be supposed that each defendant thought there was some necessity to what he was doing4 ,this is no defense4 ,rascher thought the same thing4 ,it was deemed necessary to incarcerate hundreds of thousands of persons in concentration camps4 ,it was deemed necessary to murder millions of ,jews4 ,the slave labor policy was bottomed on necessity4 ,if that is a defense1 then these trials lose all meaning4 ,but1 on the other hand if it is proved that these experiments were not necessary1 not of scientific value1 then it makes the guilty even more guilty4 ,the brutal sacrifice of human life was to no avail4 ,and such was the case here4 ,hippke1 ,chief of the ,medical ,service of the ,luftwaffe1 when writing his thanks to ,himmler on #h ,october #aidb said the following3 8,it is true that no conclusions as to the practice of parachuting can be drawn for the time being1 as a very important factor1 namely1 cold has so far not yet been taken into consideration2 it places an extraordinary excess burden on the entire body and its vital movements1 so that the results in actual practice will very likely prove to be far more unfavorable than in the present experiments40 7,,no-#bhi1 ,pros4 ,ex4 #gb47 ,when asked his opinion concerning the necessity for the typical experiment described on page #ac of the final report of ,ruff1 ,romberg1 and ,rascher1 the witness ,ivy testified3 8,i do not believe that it was necessary to do this experiment in order to determine the equipment to supply aviators who have to bail out of an airplane at high altitude40 7,tr4 p4 #ijce47 ,the witness ,ivy stated further that the information which was obtained by these experiments on concentration camp inmates could have been obtained from animals as indicated by the results of ,lutz' and ,wendt's animal work referred to in the final report4 ,the differences in the reactions of human subjects and animals1 as reported by ,lutz and ,wendt1 were not sufficient to warrant the carrying out of these hazardous experiments on human beings4 7,tr4 p4 #ijcf47 99 99 99 99 99 c4 ,selections ,from the ,argumentation of the ,defense ,,extracts ,,from ,,the ,,closing ,,brief ,,for ,,defendant ,,ruff#ai 99 99 99 99 99 ,certainly ,dr4 ,ruff gave his agreement and approval to high-altitude tests with a low-pressure chamber of the ,reich ,air ,ministry being performed by his collaborator of many years1 ,dr4 ,romberg1 together with ,stabsarzt ,dr4 ,rascher1 in a concentration camp1 using concentration camp inmates as experimental subjects4 ,he agreed after the performance of urgent experiments in the ,dachau concentration camp had already been agreed upon in principle and approved by ,professor ,dr4 ,hippke and ,professor ,dr4 ,weltz4 ,therefore1 the question arises whether these high-altitude experiments were already illegal for the reason that they were performed on concentration camp inmates4 ,this question must be denied for only such inmates were used for the experiments as had volunteered for them1 or who at least were regarded by ,ruff as volunteers and could be regarded as such in view of the whole situation1 and no one could reproach him for having erred in this respect because other persons had perhaps deceived him about these facts4 ,there are1 however1 some witnesses who apparently maintain that the prisoners used in the ,ruff-,romberg experiments were not volunteers4 ,above all the witnesses ,vieweg and ,neff are of this opinion4 ,during his direct examination on #ac ,december #aidf the witness ,vieweg mentioned a series of various experiments which were performed at the ,dachau concentration camp4 ,referring in particular to the high-altitude experiments there1 which alone can be considered in the indictment against ,dr4 ,ruff1 he states firstly that high-altitude experiments with the low-pressure chamber were performed on #aj patients2 8for these experiments frequently patients and also male nurses were used who during the experiments were seen in the corridor of the adjacent hospital ward40 ,by this ,vieweg apparently wanted to point out that these 8patients0 and 8also the nurses0 were not volunteers4 ,these #aj 8official experimental subjects0 had been well fed and supplied with smokes1 but in addition to these #aj so-called 8exhibition patients01 a large number of people had been selected from the camp who were again and again sent to the high-altitude experiment institute4 ,that happened to a block leader who probably had pneumonia a few hours later and ended in the sick bay mortuary4 ,the same happened in the malaria department of the witness ,vieweg4 ,one day a patient who had some differences with ,zill1 the leader of the camp1 concerning protective custody1 was sent to the experimental institute1 and he 7,vieweg7 found him in the mortuary the next day4 ,he 7,vieweg7 knows by hearsay that1 8a great number of patients who took part in these experiments died1 and ended up in the sick bay mortuary40 7,german ,tr4 p4 #dgf47 ,between the lines of this rather obscure and vague statement one may read that1 according to ,vieweg's statement1 these further experimental subjects1 and especially those who had died during the experiments1 did not belong to the #aj 8official experimental subjects0 and had not been volunteers4 ,however1 in the direct examination by the prosecution the witness ,vieweg did not express himself explicitly about this alleged compulsion of the so-called experimental subjects4 ,during the cross-examination by the defense counsel of ,dr4 ,romberg1 the witness ,vieweg explained his expression1 the 8#aj exhibition patients04 7,german ,tr4 p4 #dhe47 ,the #aj selected patients who were used for the high-altitude tests had been accommodated in a special room and had been well nourished2 they had been exhibited1 and they had been presented to ,himmler during one of his visits4 ,himmler made them big promises2 if they survived1 they would be set free 99 99 99 these #aj patients had been drawn into the experiments 99 99 99 they had told him 7,vieweg7 that they were very exhausted by the whole affair1 but as far as he could remember 8they all survived0 7,german ,tr4 pp4 #dhf1 #dhi74 ,on being questioned the witness ,vieweg repeatedly stated 7,german ,tr4 pp4 #dhf1 #dhg1 #dhi71 that as far as he could remember ,dr4 ,rascher had carried out the experiments himself4 ,the only thing ,vieweg could state about participation of 8,luftwaffe officers0 in these high-altitude experiments1 was that some ,luftwaffe officers 8had also been there04 ,but he could not say anything about the actual participation of the ,luftwaffe officers4 ,from the description on page #eja 7,german ,transcript7 these two gentlemen of the ,luftwaffe certainly were not identical with ,buff and ,romberg4 ,he himself 7,vieweg7 had only talked with these #aj official experimental subjects1 the so-called 8exhibition patients01 but not with any of the other experimental subjects4 ,he himself had never observed that these other prisoners were used for high-altitude tests1 but he had been told about it frequently4 ,vieweg repeatedly stated that the #aj official experimental subjects had still been alive at the end of the experiments 7,german ,tr4 p4 #dhi71 that no deaths had occurred among them4 ,so much for the statement of the witness ,vieweg4 ,it is1 of course1 unreliable because it does not establish a clear distinction between the high-altitude experiments authorized by ,ruff and carried out with the cooperation of ,dr4 ,romberg1 and other experiments in the low-pressure chamber which ,rascher undertook by order of ,himmler1 without the authorization or previous knowledge of ,dr4 ,ruff and without the cooperation of ,dr4 ,romberg4 ,this distinction1 which is of decisive importance in judging this case1 only appears in ,vieweg's statement insofar as the #aj official experimental subjects 7the so-called 8exhibition patients07 were exclusively used for the first experiments 7,ruff-,romberg-,rascher71 whereas other prisoners were used for the other experiments 7by ,rascher alone74 ,of course1 the significance of this distinction was not clear to ,vieweg at that time and could not be observed by him because ,vieweg did not know anything at all about ,dr4 ,ruff's activity and since he did not know anything at all about the agreements which had been reached between ,dr4 ,ruff and ,dr4 ,rascher4 ,apart from these obscurities one has to regard the statement of the witness ,vieweg with the greatest reserve for another reason4 ,vieweg is the witness who1 with unusual unscrupulousness1 committed plain perjury in the sessions of #ac and #af ,december #aidf4 ,he tried first 7,german ,tr4 p4 #dgd7 to give the impression that he had been sent to the concentration camp without any reason1 that he had been committed for 8political protective security04 ,this representation of the witness ,vieweg is completely in accordance with his previous behavior1 because formerly he had generally pretended to be politically persecuted--an innocent man who had been thrown into a concentration camp without ever having learned the reason4 ,under this false pretense he offered himself as witness for this trial1 and because of this misrepresentation he was presented as a witness by the prosecution whom he had deceived4 ,however1 during cross-examination1 ,vieweg had to admit that in #aicd he was sentenced to #d and to #f years' penal servitude for forgery of documents and fraud1 that is to say for common crimes which1 as a rule1 have nothing to do with politics4 ,on repeated questioning the witness ,vieweg stated again and again 7,german ,tr4 pp4 #dhc ff47 that he could not remember having received any other previous conviction in addition to those #d and #f years' penal servitude4 ,he insisted on this statement1 even though he had been repeatedly reminded that he was under oath4 ,his stereotype phrase was1 he could not remember2 he even emphasized that he had deposed to this or that under oath 7,german ,tr4 p4 #dhd71 and he continued to insist on his statement1 even though he was told that his previous convictions could be determined without difficulty since his files had been sent for4 ,now1 let us compare the testimony given under oath with the list of convictions of the witness ,vieweg1 which was submitted as ,document ,ruff #bd4 ,besides the #d and #f years of penal servitude which he admitted1 the witness ,vieweg received in reality not less than #f prison terms prior to #aicd1 among them #e years' penal servitude and #e years' loss of civil rights for repeated grave thefts4 ,this extract from the penal register shows why the witness ,vieweg had such a 8bad memory04 ,he never was politically persecuted1 as he pretended to be1 but he is the type of incorrigible professional criminal who could not be changed or educated even by the most severe penalty4 ,if anybody deserved to be sent to a concentration camp it was this ,vieweg4 ,but even the #e years he spent in the concentration camp did not help4 ,for now he is again in prison1 in ,bamberg1 where charges were brought against him on #e ,march #aidg at the ,district ,court for forgery of documents and fraud1 as well as for five cases of repeated theft1 for attempted abortion1 for active bribery1 and for black market dealings4 ,this incorrigible professional criminal allowed himself to be presented here as a star witness for the prosecution against an honorable1 blameless citizen1 as which ,dr4 ,ruff emerged in the course of this trial4 ,can the ,court base its verdict on the statements of a person like ,vieweg1 who on top of everything shamelessly lied to the ,tribunal and committed the worst possible perjury4 ,the other witness presented by the prosecution for the ,dachau experiments is ,walter ,neff4#bj ,he is at present in the ,dachau camp for war criminals and will soon have to stand trial himself before the ,american ,tribunal1 for experiments in which he took an active part4 ,this witness ,neff1 who not only continuously participated in the successful experiments of ,dr4 ,romberg1 but also in the inhuman freezing experiments1 in the deadly 8severe experiments0 of ,rascher1 and who cooperated in many other cruelties1 is1 ,i think the last who should appear as a witness against a man like ,dr4 ,ruff1 or condemn him4 ,let us recall what this witness said about himself at the close of his testimony4 ,according to his own admission1 he produced three prisoners 7a certain ,robert ,wagner1 a prisoner named ,hutterer1 and a man named ,sammendinger7 for deadly experiments1 on his own initiative without being ordered to do so4 ,according to his own testimony1 he delivered these three people over to a violent death2 he murdered them4 ,it is characteristic of his ethics that he even boasted of this act here in the courtroom6 7,german ,tr4 pp4 #gcg-gci47 ,that does not trouble his conscience1 as he himself declared under oath 7,german ,tr4 p4 #gcg72 he is just the type of those inmates who1 to quote his own words 8were often worse than the ,,ss in their cruelty and brutality04 7,german ,tr4 p4 #gcg47 ,that is the second witness who was presented against ,dr4 ,ruff by the prosecution4 ,the one1 an unscrupulous swindler1 an incorrigible habitual criminal1 an old jailbird2 and the other a murderer many times over whose hands are stained with much blood--a murderer who boasts that he has no conscience4 ,is the ,court to lend credence to such people8 ,these witnesses quite obviously believed they would be able to elude the hangman's noose by saddling other defendants with untrue1 fabricated statements4 ,all those facts are a warning that ,neff's testimony1 too1 must be regarded with considerable caution4 ,at any rate1 his testimony has a certain importance for ,dr4 ,ruff inasmuch as ,neff 7,german ,tr4 p4 #feb7 confirms that ,dr4 ,ruff was in ,dachau only on one single occasion during the high-altitude experiments4 ,thus the truth of ,dr4 ,ruff's own testimony has been established4 ,furthermore1 the witness ,neff1 states in his testimony of #ag ,december #aidf that 8#aj prisoners1 designated as permanent experimental subjects1 were taken to the station and told that nothing would happen to them2 they were especially assured of this04 7,german ,tr4 p4 #gaa47 ,the witness ,neff then told of the killing of the #af ,russians who were sentenced to death and who were murdered by ,dr4 ,rascher4 ,however1 according to ,dr4 ,neff1 this act was carried out by ,dr4 ,rascher together with the two members of the ,,ss1 while ,dr4 ,romberg was not even present on that day4 7,german ,tr4 pp4 #fed1 #fef47 ,special importance must be attached to the witness ,neff's further assertion regarding a ,jewish tailor who worked in the sick bay4 ,neff called ,dr4 ,romberg's attention to the fact that this man was not sentenced to death1 and ,romberg thereupon immediately went to ,rascher with ,neff in order 8to set matters straight04 ,upon intervention by ,dr4 ,romberg1 ,rascher then actually sent the tailor back2 when the accompanying ,,ss man again threatened the ,jew1 ,rascher again intervened and 8immediately had the man 7the tailor7 brought to safety in the bunker04 7,german ,tr4 p4 #fee47 ,again1 in the case of a second inmate1 a ,czech1 who wrongly and without his consent had been brought in for the experiments1 ,dr4 ,romberg1 according to ,neff's report1 intervened on behalf of the prisoner1 with the result that ,dr4 ,rascher entered a complaint against the criminal ,,ss man with the camp commander1 ,piorkowski4 ,thereupon1 the ,,ss man was immediately transferred to ,lublin4 ,in that way the ,czech was saved from certain death by ,dr4 ,romberg4 ,this testimony of the witness ,neff plays an important part in answering the question whether or not the experimental subjects used were volunteers1 and also1 what ,dr4 ,romberg1 and therefore ,dr4 ,ruff1 knew about them and what ,dr4 ,romberg's attitude was toward this question4 ,in this connection1 ,neff said3 8,romberg1 ,ruff's deputy1 therefore1 did not want any dangerous experiments4 ,he tolerated no murder and considered only experiments with volunteers40 ,however1 the further assertions of the witness ,neff suffer from the same shortcomings as those of the witness ,vieweg2 for ,neff also did not know that only part of the high-altitude experiments in ,dachau were carried out with the approval of ,dr4 ,ruff and ,dr4 ,romberg2 nor did ,neff have any knowledge of the agreements made by the participating physicians1 and he therefore treated all high-altitude experiments equally1 without distinguishing whether or not ,dr4 ,ruff had agreed to them that there 8were #ahj to #bjj inmates who participated in high-altitude experiments0 7,german ,tr4 p4 #fef7 and that 8during the altitude flight experiments1 #gj to #hj people lost their lives40 ,these figures may be correct1 but they refer to the whole of the ,dachau low-pressure chamber experiments2 that is1 they also include the experiments which ,dr4 ,rascher made on his own authority1 without the prior knowledge of ,dr4 ,ruff1 and in which alone all the fatalities occurred2 while in the legitimate experiments--that is1 those approved by ,dr4 ,ruff--no fatality occurred at all4 ,of course1 ,neff could not know all this4 ,as he said himself it was impossible for him to distinguish 8from whom the order came for the individual experiment1 and in whose interest the experiment was made40 7,german ,tr4 p4 #gae47 ,the same shortcoming is demonstrated by ,neff's testimony with regard to the nationality of the experimental subjects 7,german ,tr4 pp4 #fef1 #feg7 and the manner of their 8selection04 ,however1 ,neff's testimony does show that the selection of the experimental subjects was carried out in two different ways3 ,for the 8dangerous experiments0 ,rascher ordered the subjects through the local headquarters1 and they were produced by the ,,ss2 they were therefore people condemned to death 7,german ,tr4 p4 #ffc71 for the 8serial experiments04 ,on the other hand1 and 8for most of the other experiments which took place1 the people were brought to the experimental station from the blocks1 that is1 from the camp0 7,german ,tr4 p4 #feg7 by the block leaders4 7,german ,tr4 p4 #ffc47 ,these 8serial experiments0 were obviously the experiments approved by ,ruff1 and ,neff expressly establishes that 8volunteers reported for these experiments06 7,german ,tr4 pp4 #feg1 #gab47 ,he even gives the reasons why the prisoners volunteered3 ,as ,rascher1 and ,himmler too1 had promised various inmates that1 8if they1 participated in the experiments1 they would be given a better labor assignment01 and as ,himmler promised that they might even be released1 volunteers reported to ,rascher on their own initiative as he went through the camp1 without any special efforts being necessary to find volunteers 7,german ,tr4 p4 #feg74 ,there can be no doubt that these volunteers1 estimated by ,neff to number about #aj1 are identical with the #aj 8official experimental subjects0 or 8exhibition patients0 mentioned already by the witness ,vieweg1 and it is noteworthy that ,dr4 ,ruff1 too1 in his testimony always spoke of #aj or #ab1 or at the most #ae persons from the very beginning 7of course he did not count them himself71 who were regularly called in for the high-altitude experiments1 and whom he saw himself when he was once present to observe and check the experiments in ,dachau4 ,this number ,dr4 ,ruff had mentioned at a time when ,neff's and ,vieweg's testimony was not yet available4 ,he therefore could not have anticipated that these witnesses would confirm his figures as correct4 ,to be sure1 the witness ,neff testified in another place 7,german ,tr4 p4 #fff7 that the first #aj experimental subjects were not volunteers4 ,but this statement is obviously in direct contradiction to his other testimony which1 in the last analysis implied--and could not be interpreted otherwise--that the so-called 8#aj official experimental subjects0 were those prisoners who had voluntarily offered themselves1 who were given all possible privileges in return1 who were promised rewards for their service by ,rascher as well as by ,himmler1 and who were repeatedly reassured that nothing would happen to them during the experiments4 ,this whole presentation would be incomprehensible if one were to assume that these #aj persons were involuntary subjects as well1 that they were simply ordered to take part in the experiments1 forced to participate1 for them all this would not have been necessary at all1 since at that time nobody in a concentration camp would have thought of troubling himself about these people1 if they had been forced against their will to take part in the experiments4 ,in a concentration camp1 according to the opinion of ,himmler and his men1 #a1jjj people were of no consequence4 ,therefore1 if efforts were made to obtain these inmates for the experiments1 and to get them willingly1 if even a ,himmler found kind words to say to them and promised them rewards1 then as we know today1 this can only be explained by the assumption that even in concentration camps1 for some reason1 it was desirable to obtain voluntary subjects for the experiments and to induce them to go through the experiments voluntarily4 ,this assumption is not refuted by the contrary assertion of ,neff 7,german ,tr4 p4 #fff74 ,for #a days1 during his examination on #ag and #ah ,december #aidg1 ,neff did not know that these first #aj experimental subjects had not been volunteers4 ,for #a days he did not dare to make such an assertion here in the witness box1 and only during the cross-examination did he finally go so far as to make this assertion1 thereby completely overthrowing his previous statements4 ,this allegation of the multiple murderer ,neff now stands1 however1 completely isolated4 ,there can be no doubt that1 if these statements by ,neff were true1 it would have been easy for the office of the public prosecutor to produce numerous other witnesses who1 likewise1 had been inmates of the concentration camp at ,dachau1 who had perhaps experienced these experiments themselves1 or who had spoken to subjects of these experiments or had even observed the experiments4 ,however1 not a single outsider1 not a single incontestable witness has been produced1 although half a year has elapsed since the days when1 here in the courtroom1 one could not fail to realize to what an unreliable and untrustworthy class persons of the caliber of ,vieweg and ,neff belong4 ,this fact very strongly indicates that obviously no other witnesses are available1 or could be made available1 who could confirm that the experimental subjects who were used in the ,ruff-,romberg altitude tests were not volunteers4 ,let the fact be mentioned here1 for the sake of comparison1 that in the case of the ,gebhardt sulfanilamide operations for example1 half a dozen incriminating witnesses were brought from ,poland and ,russia and were interrogated here as witnesses4 ,why was not a single trustworthy witness produced from among the ,dachau experimental subjects and placed in the witness box8 ,because no one could be found1 who could confirm the untrue allegations of a ,vieweg and a ,neff4 ,on the other hand1 during the trial1 a whole series of persons who deserve a great deal more belief than ,vieweg and ,neff affirmed with certainty that all the experimental subjects in the ,ruff-,romberg experiments were volunteers1 and that from the very beginning the indispensable condition which was demanded and assured was that the subjects would be voluntary4 ,the witness ,dr4 ,lutz for example1 who was introduced by the office of the public prosecutor and therefore recognized by it as a credible witness1 confirmed here on oath1 8it was a tacit assumption that the criminals would volunteer02 and he added that he could almost say that1 in a way1 a favor was being conferred upon the criminals1 because 8they were given a chance of pardon by participating in the experiments10 and it is significant that this witness deposed further3 8subsequently1 we were very much surprised when1 probably during the later stages of the experiments1 as far as ,i recall now1 no further mention was made of it10 namely1 of the fact that only volunteers were to be used for the altitude experiments 7,german ,tr4 p4 #cbj74 ,these depositions by the witness ,dr4 ,lutz conform in every respect with the general impression received from all the pertinent descriptions4 ,at first1 only the altitude experiments approved by ,dr4 ,ruff regarding the problem of 8rescue from high altitudes0 were carried out4 ,these experiments were not dangerous as proved by their successful outcome2 the inmates volunteered for them4 ,gradually1 however1 ,rascher misused more and more the presence of the chamber in order to conduct his arbitrary experiments on ,himmler's orders for entirely different problems1 namely1 to conduct his notorious 8difficult experiments0 which had numerous fatal results4 ,these were ,rascher's more cruel1 painful experiments2 naturally1 no more volunteers reported for these because word was passed quickly through the camp that the experiments which ,rascher himself conducted were dangerous1 while the mere presence and cooperation of ,dr4 ,romberg gave assurance to the inmates that his experiments were conscientiously conducted and were not dangerous4 ,other witnesses also1 not named by ,dr4 ,ruff1 have confirmed that the experimental subjects for the ,ruff-,romberg high-altitude experiments were voluntary1 namely1 the witness ,dr4 ,hielscher 7,german ,tr4 pp4 #fjbe-bf1 #fjda1 #fjfb74 ,testimony on similar lines is given by the codefendant ,sievers 7,german ,tr4 pp4 #edga1 #ehha72 and ,dr4 ,hippke 7,german ,tr4 p4 #gic7 8,prisoners who might volunteer02 7,german ,tr4 p4 #gie7 8these persons had to volunteer for the experiments40 ,also the witness ,karl ,wolff1 7,ruff #ba1 ,ruff ,ex4 #bj7 8volunteer concentration camp inmates who were to be given compensatory privileges 99 99 99 the inmates1 about #aj in number1 appeared quite relaxed and1 in their turn1 willingly entered the low-pressure chamber which had been driven up 99 99 99 the inmates reported to ,himmler1 in my presence1 that in this manner they could at least voluntarily 99 99 99 give a proof of their genuine good will 99 99 99 ,i never learned through ,himmler1 nor1 as far as ,i remember1 by any other means that later low-pressure chamber experiments 99 99 99 took place on a nonvoluntary basis 99 99 99 ,i only knew about voluntarily low-pressure chamber experiments and these were made1 without doubt1 on a voluntary basis40 ,finally1 the witness ,herbert ,wilschewske 7,ruff #aa1 ,ruff ,ex4 #i74 ,while the previous witness ,wolff was only present for #a day during the experiments1 the witness ,wilschewske1 during the #b years he spent in the concentration camp1 spoke repeatedly to inmates who 8had volunteered for the medical experiments01 and who1 by reason of his repeated conversations with the prisoners1 could give the following as reason for the willingness to volunteer for experiments 8they could earn thereby their own liberty and rehabilitation as well as privileges for their family40 ,the witness ,wilschewske is certainly an absolutely reliable witness with regard to his statements4 ,he is a ,polish ,communist1 served #b years in ,dachau concentration camp for this1 and was proved to be only a political prisoner4 ,if one considers all these statements by witnesses1 which certify that the experimental subjects in the ,dachau high-altitude experiments of ,drs4 ,ruff and ,romberg were volunteers1 it cannot be doubted that the concordant statements by ,dr4 ,ruff1 ,dr4 ,romberg1 and ,dr4 ,weltz were absolutely true4 ,they are defendants1 it is true2 but from all sides testimony is given of their irreproachable professional integrity4 ,although they are now sitting in the dock1 their precise and clear statements deserve far more belief than the changing and contradictory statements of a habitual criminal who has committed downright perjury in this ,court1 or of a murderer who is actually more deserving of a place in this dock than these defendants are4 ,the correctness of this conception is confirmed again on the one hand by the fact--already mentioned in another connection--that ,dr4 ,romberg1 as has been proved repeatedly1 actively intervened and prevented the use of experimental subjects for experiments by ,rascher when he could see that nonvoluntary experimental subjects were to be used1 and on the other hand1 it was known that in the high-altitude experiments which ,dr4 ,ruff had carried out with ,dr4 ,romberg only voluntary experimental subjects could be used1 and only with voluntary experimental subjects could the experiments succeed4 ,the whole idea of this type of high-altitude experiment 7the ,ruff-,romberg method7 was based on the theory that the experimental subject1 immediately on recovering from the state of unconsciousness--the 8high-altitude malady0--reaches up with his arm and pulls down the handle of the parachute1 which in practice reduces the speed of the fall1 insuring the flier of a smooth landing on the ground4 ,all this necessitated active cooperation on the part of the experimental subject2 one was absolutely dependent on his cooperation1 otherwise each of these experiments would have been useless right from the start4 ,naturally1 ,dr4 ,ruff knew this1 as did ,dr4 ,romberg1 and therefore for them the first and most important condition for each experiment of this type was that the experimental subject should be voluntary 7see ,ruff's statement in ,german ,tr4 pp4 #ffch-dj74 ,there are therefore also important inherent reasons why the statements by ,ruff and ,romberg are correct4 ,actually the high-altitude experiments carried out in ,dachau were successful4 ,they were of considerable help in clarifying the problem of 8rescue from great heights01 and this was only possible when the experimental subjects themselves cooperated when they took part in the experiments voluntarily and took an interest in them4 ,this was1 by the way1 also the reason why this type of high-altitude experiment could not be made with animals as experimental subjects1 a fact which1 for example1 ,ruff and ,romberg pointed out in their summary report of #bh ,july #aidb4 7,,no-#djb1 ,pros4 ,ex4 #ff47 ,i come1 therefore1 to the following conclusion3 ,there can be no doubt that the experimental subjects for the ,dachau high-altitude experiments were volunteers1 at least as far as the experiments authorized by ,ruff are concerned4 ,whether volunteers reported for the special experiments continued by ,dr4 ,rascher or whether the prisoners were forced into the experiments by ,dr4 ,rascher does not need to be examined1 because ,ruff and ,romberg did not participate in those experiments in any way4 ,but even if any doubt as to their being volunteers were possible1 it cannot be denied that ,ruff and ,romberg were firmly convinced that all their experimental subjects actually were volunteers4 ,this was stipulated from the very beginning1 and in all the discussions of ,dr4 ,ruff with ,hippke1 ,weltz1 and the representative of the ,,ss1 ,ruff was consequently convinced that only volunteers were actually concerned4 ,dr4 ,ruff's conviction was strengthened through personal conversation with various prisoners on that day on which he himself went to ,dachau to control the execution of the experiments and to ascertain that everything was carried out in a completely orderly manner4 ,and finally in this connection it cannot be overlooked that ,dr4 ,ruff1 as he has stated under oath and as is confirmed by numerous affidavits1 had never at any other time in his life worked with nonvoluntary experimental subjects4 ,just because he considered it indispensable for the success of the experiments that the experimental subjects were volunteers1 that they themselves cooperate1 ,dr4 ,ruff never thought that the ,dachau prisoners were not fully and completely in agreement with the experiments4 99 99 99 99 99 ,it is obvious that the voluntary character of these experimental subjects1 whether an actual fact or whether ,dr4 ,ruff deluded himself into believing that this was the case1 does not in itself relieve him of all responsibility4 ,on the contrary1 ,dr4 ,ruff himself is of the opinion that1 besides voluntariness1 several other conditions would have to be fulfilled before the experiments and the way in which they were performed could be considered lawful3 #a4 ,the experiment would have to be necessary1 particularly necessary in the interests of aviation and thus essential to the fatherland's war effort4 ,this condition is obviously fulfilled4 ,this is confirmed above all by the statement of the witness ,dr4 ,hippke who stated that it was ,dr4 ,ruff's duty to work on the research tasks assigned to him by the ,medical ,inspectorate of the ,luftwaffe and to submit reports on them to the ,medical ,inspectorate4 ,the experiments carried out by ,ruff were necessary1 for 8high-altitude experiments in particular have been undertaken intensively in ,america1 too1 because the question of pressure drop ,drucksturz and the cabin development is of particular importance40 7,ruff #bc1 ,ruff ,ex4 #bb47 ,dr4 ,hippke developed this point of view not only during the trial but stated it very clearly in his letter to ,himmler1 dated as early as #h ,october #aidb 7,,no-#bhi1 ,pros4 ,ex4 #gb71 where he writes3 8,these-experiments represent a very valuable and important supplement4 ,the fact that such an extreme deficiency of oxygen can be endured at all for some time is very encouraging for further research40 ,dr4 ,hippke's opinion about the necessity of the high-altitude experiments is therefore extremely important because ,hippke was the highest official expert in that field in ,germany at that time4 ,but most of all1 the absolute necessity of ,ruff's experiments is acknowledged by all experts who testified in this trial in connection with these problems4 ,i recall1 for example1 the statements of the witness ,dr4 ,scheiber that 8at a later judgment of ,dr4 ,ruff's scientific work1 his name will be remembered together with the names of all of those well-known scientific research workers who1 by personal1 devoted1 and heroic effort1 rendered immeasurable service to the advance of science and therewith to the welfare of humanity40 ,professor ,dr4 ,strughold expresses himself in a similar way in his affidavit4 ,he was chief of a ,german institute for aviation medicine for several years and writes concerning ,dr4 ,ruff that 8he 7,ruff7 can be considered as a man who surpasses by far many academically proficient and recognized scientists as far as scientific experience and scientific success is concerned40 ,of particular importance1 however1 seems to be the opinion of ,dr4 ,grauer1 who is at present in ,america as a research worker and experimenter in matters of aviation medicine4 99 99 99 99 99 ,according to the opinion of the ,air ,force ,general1 ,adolf ,galland1 and the statements of all the other experts1 it is an established fact that the ,dachau experiments of ,dr4 ,ruff and ,dr4 ,romberg were absolutely necessary4 ,this necessity does not cease to exist because the people concerned realized that with this first series of experiments1 carried out in ,dachau in the spring of #aidb1 the problem in question 7rescue from high altitudes7 was not yet entirely solved4 ,ruff and ,romberg pointed out in their final report of #bh ,july #aidb1 that the 8danger of freezing has to be considered40 ,on the basis of this final report the medical inspector1 ,dr4 ,hippke1 later pointed out in his letter to ,himmler of #aj ,october #aidb 7,,no-#bhi1 ,pros4 ,ex4 #gb7 that in the ,dachau high-altitude experiments of ,ruff and ,romberg of spring #aidb1 8a very important factor was not yet taken into consideration1 namely freezing40 ,he remarked1 however1 at the same time that 8the necessary supplementary work was started meanwhile40 ,hippke did not leave any doubt that this fact would not impair the value and the importance of the ,dachau high-altitude experiments1 which he stressed2 for it is in the nature of such experiments that both parts of the problem1 high altitude and freezing temperatures1 cannot be dealt with simultaneously1 but that at first only one part must be considered1 then the other4 ,this was ,ruff's plan from the very beginning1 and the special experiments with regard to the influence of freezing temperatures on descent from high altitudes were carried out according to plan in the ,berlin institute of ,dr4 ,ruff in the summer and fall of #aidb4 7,compare this with ,dr4 ,grauer's affidavit of #bh ,january #aidg47 ,another prerequisite for the justification of the high-altitude experiments undertaken by ,ruff and ,romberg lies in the requirement that the experiments should not be extended any further than is necessary for the solution of the problems presented4 ,this requirement1 too1 was fulfilled by ,dr4 ,ruff4 ,it is confirmed by his own testimony 7,german ,tr4 p4 #fgjd71 as well as by the testimony of ,dr4 ,romberg 7,german ,tr4 pp4 #fhgi-hj71 that ,dr4 ,romberg was sent by ,dr4 ,ruff to ,dachau with a definite program which carefully outlined the kind as well as the extent of the experiments to be carried out4 ,only the problem of 8rescue from high altitude0 was to be investigated4 ,only experiments for this purpose were ordered by ,dr4 ,ruff4 ,dr4 ,romberg was not allowed to undertake experiments for any other purposes1 and the experiments were to be carried on only until either the problem was solved or its solution found impossible4 ,had ,dr4 ,romberg not adhered to this program1 which had been strictly outlined1 had he carried out further experiments behind ,dr4 ,ruff's back1 the latter could in no case have been responsible for them4 ,since he was not told of such further experiments by ,dr4 ,romberg1 he could not stop them4 ,however1 it must be stated expressly that ,dr4 ,romberg adhered to ,dr4 ,ruff's orders2 he did not carry out more extensive experiments than he had been permitted and had been ordered2 this was done alone and solely by ,dr4 ,rascher4 ,the latter1 however1 was in no way subordinated to ,dr4 ,ruff1 nor to ,dr4 ,romberg2 moreover1 he would certainly not have taken any orders from either of them4 ,the final report ,ruff-,romberg-,rascher of #bh ,july #aidb 7,,no-#djb1 ,pros4 ,ex4 #ff7 furnishes clear proof of the fact that ,dr4 ,ruff and ,dr4 ,romberg were at all times conscious of their duty to restrict experiments to the extent which seemed absolutely necessary in order to explore a problem which was all-important at the time and to carry out no experiments which could not be considered especially important and of great consequence4 ,even the introduction to this report of #bh ,july #aidb is significant for the delineation of the tasks set for these experiments4 ,it reads3 8,considering the urgency of finding a practical solution to this important problem the rescue of airplane crews from high altitude1 particularly in view of the prevailing experimental conditions1 it was necessary to forego for the time being a detailed clarification of the purely scientific problems involved40 ,here the basic tendency of all the experiments finds its clear expression4 ,only such practical requirements of aviation which could not be postponed during time of war should be solved1 while investigations of purely scientific nature1 without great practical significance1 were to be excluded4 ,this restriction of solutions sought demonstrates that the scientists in question 7,ruff and ,romberg7 were not subject to the unbridled desire for experimentation which may be found in people of ,rascher's type4 99 99 99 99 99 ,were the ,ruff-,romberg high-altitude experiments in ,dachau dangerous to life8 ,if it is demanded that experiments on humans are carried out as humanely as possible1 pain avoided wherever possible1 and damage to health eliminated1 it is obvious that deaths must be prevented in every way possible4 ,the conscientious research worker will always start from the standpoint that experiments can only then be carried out when1 according to human estimation and the experience of science1 death can in no way be expected4 ,according to ,german ,law 7,article #baf of the ,german ,penal ,code7 the intentional killing of a person would not be legalized through his agreement1 not even at his expressed desire4 ,to this question the presentation of evidence has shown the following3 #a4 ,in the ,summary ,report ,ruff-,romberg-,rascher of #bh ,july #aidb1 it is 8expressly stated that in the whole series of experiments no death and likewise no permanent oxygen deficiency damage occurred40 7,,no-#djb1 ,pros4 ,ex4 #ff47 ,in direct contradiction to this appears to be1 at least at first glance1 the intermediary report which ,dr4 ,rascher alone made on his experiments on #e ,april #aidb to the ,reich ,leader ,,ss ,himmler 7#aiga-;,a-,,ps1 ,pros4 ,ex4 #di7 and also the following secret report1 which likewise ,dr4 ,rascher alone sent to ,himmler on #aa ,may #aidb4 7,,no-#bbj1 ,pros4 ,ex4 #fa47 ,these two special reports by ,dr4 ,rascher prove that in the experiments described by ,rascher alone several deaths occurred4 ,the explanation of the apparent contradiction is shown clearly by the presentation of evidence3 ,in the experiments authorized by ,dr4 ,ruff and carried out with his approval not a single death occurred4 ,only the arbitrary experiments which ,rascher carried out without the approval of ,dr4 ,ruff and against his will1 and which were ordered by ,himmler1 were deadly4 ,this can be seen from ,rascher's intermediary report of #e ,april #aidb4 7#aiga-;,a-,,ps1 ,pros4 ,ex4 #di47 ,it falls into two parts4 ,in the first part ,dr4 ,rascher describes the experiments carried out with ,dr4 ,ruff's approval4 ,he states expressly1 8the experiments conducted by myself and ,dr4 ,romberg10 and he confirms that even 8in a total of #ae extreme experiments1 none of the experimental subjects died4 ,severe high-altitude sickness with unconsciousness occurred2 however1 the subject was always fully capable of action when approximately #g km4 was attained in the descent40 ,in the second part1 ,rascher then describes his arbitrary experiments of which ,ruff knew nothing1 and was permitted to know nothing4 ,this second part of the report is much more extensive and detailed than the first4 ,that can be explained without difficulty because the experiments mentioned in this second part were carried out by ,rascher himself2 here he could describe the 8merit0 of the results he apparently gained all by himself4 ,from this second part he obviously also hoped for complete new results for science1 which he emphasized in the accompanying letter to ,himmler of #e ,april #aidb1 and he was obviously very proud that following his suggestions 7as he emphasized7 such 8interesting standard experiments0 were carried out4 ,all this referred exclusively to the arbitrary experiments mentioned in the second part of the report1 which ,rascher carried out alone without the assistance of ,dr4 ,romberg and without the authorization and previous knowledge of ,dr4 ,ruff4 7#aiga-;,a-,,ps1 ,pros4 ,ex4 #di47 ,rascher himself made this distinction in his report 7#aiga-;,a-,,ps1 ,pros4 ,ex4 #di73 ,he contrasts in the second part of his report the 8extremely dangerous experiments0 with the 8experiments carried out by myself 7,rascher7 and ,romberg10 while he specially asked for an 8,,ss doctor from the camp as witness0 for the arbitrary experiments of the second part of his report1 as 8,i carried out these experiments by myself40 ,but surely ,dr4 ,rascher had his reasons for specially requesting 8a camp doctor as a witness0 for these experiments 7which are described in the second part of his report71 but intentionally kept ,dr4 ,romberg away4 ,dr4 ,rascher indicates these reasons in his accompanying letter of #e ,april #aidb1 talking about difficulties which the ,luftwaffe created for him up to that time1 whose removal he hopes for by the intervention of ,,ss ,fuehrer ,sievers4 ,these difficulties which hindered the research work of ,rascher were discussed in various other documents which concerned the use of the low-pressure chamber and its return to ,dachau1 which the ,,ss tried to arrange but never succeeded4 ,if ,dr4 ,rascher in his intermediary report 7#aiga-;,a-,,ps1 ,pros4 ,ex4 #di7 emphasized that 8only continuous experiments are fatal at heights above #aj4e km401 this plainly confirms1 in ,dr4 ,rascher's own words1 what ,ruff and ,romberg stated from the very beginning1 that two kinds of high-altitude experiments were carried out in ,dachau with the low-pressure chamber4 ,the one kind1 which ,dr4 ,romberg took part in and ,dr4 ,ruff knew about1 was carried out completely humanely and without any pain1 and nothing happened2 and the other kind1 which ,rascher carried out alone by order of ,himmler1 without ,romberg and without the previous knowledge of ,dr4 ,ruff1 to which at one time an ,,ss doctor was even asked to attend as a witness and which caused several fatalities4 ,this result is confirmed by the second report1 which ,rascher again alone 7without the participation of ,dr4 ,ruff and ,dr4 ,romberg7 submitted to ,himmler1 dated #aa ,may #aidb1 as a secret report 7,,no-#bbj1 ,pros4 ,ex4 #fa74 ,he describes here the experiments which he carried out jointly with ,dr4 ,romberg and again states3 8,on the average1 the experimental subjects were in complete accord of their actions at #ab-ac km42 no disturbances of any kind in the general condition occurred in any of these experiments10 and even less1 of course1 a fatality4 ,only among the experiments described under figures #f and #g of this secret report of ,rascher's did fatalities occur1 and that 8during a continued high-altitude experiment1 for example after half an hour in an altitude of #ab km40 ,but these experiments 7according to figures #f and #g7 were the arbitrary experiments in which ,rascher had other aims in mind1 which had nothing to do with ,ruff's problem of 8saving from high altitudes10 and which were carried out by ,rascher alone4 ,it is also interesting that ,rascher still mentions the partial assistance of ,dr4 ,romberg in his first report 7of #e ,april #aidb7 7#aiga-;,a-,,ps1 ,pros4 ,ex4 #di7 but does not say anything more in the final second report 7of #aa ,may #aidb71 7,,no-#bbj1 ,pros4 ,ex4 #fa7 where he described the affair as though he alone had carried1 out the experiments4 ,compare page #ha1 line #ba3 8,experiments carried out by myself02 or page #gi1 lines #ae-af3 8,my heart experiments 99 99 99 that a very big sphere of work opened up for me10 etc4 ,by that ,rascher has clearly expressed that he did not have any assistance from ,dr4 ,romberg in the experiments he thought particularly valuable1 when he explains as particularly valuable his heart experiments and his observations concerning air embolism4 ,those were all experiments in which ,ruff and ,romberg had not the least interest1 in which they never participated1 and for which they would never have risked the health and the life of an experimental subject4 ,even specialists like ,dr4 ,ruff and ,dr4 ,romberg could never understand the scientific or other aim which ,rascher had in mind in the case of those arbitrary experiments with fatal endings4 ,even the layman can easily recognize the basic difference between the two categories of experiments4 ,the legal experiments which had been authorized by ,dr4 ,ruff were always restricted to a very short period of a few moments2 but the fatal experiments of ,dr4 ,rascher were1 as he emphasized himself1 continuous experiments without oxygen1 therefore experiments lasting over #cj minutes4 ,it is easily understandable that experiments of such a length without the administration of oxygen may be fatal4 ,to prove this it would not have been necessary to sacrifice even one single human life in these experiments4 ,serious research workers like ,dr4 ,ruff and ,dr4 ,romberg had therefore never carried out and never authorized such experiments4 ,that was also well known to ,rascher1 and this explains the fact as stated by ,neff 7,german ,tr4 pp4 #ffh1 #fgj1 #fga7 that ,rascher kept ,dr4 ,romberg intentionally away from his arbitrary experiments2 furthermore that he even carried out his experiments at night to keep them secret from ,dr4 ,romberg1 and that he also did not ask ,romberg to sign his intermediary report of #e ,april #aidb1 nor his summarizing secret report of #aa ,may #aidb1 which ,romberg would surely have refused to do4 99 99 99 99 99 ,it would therefore be quite wrong to attribute to ,dr4 ,ruff and ,dr4 ,romberg the intention of wanting to suppress something in their final report of #bh ,july #aidb4 7,,no-#djb1 ,pros4 ,ex4 #ff47 ,for it is a proven fact that not only ,himmler was informed by ,rascher of the cases of death which had occurred1 but that ,dr4 ,ruff had also reported the cases of death for which ,dr4 ,rascher was guilty1 to his supreme superior1 the ,inspector of the ,medical ,service of the air force1 ,dr4 ,hippke4 ,for this same reason he had caused the low-pressure chamber to be removed from ,dachau and had asked the witness1 ,dr4 ,hippke1 to consent to this4 ,these proven facts show that ,dr4 ,ruff did not conceal anything and had nothing to conceal4 ,the fact that the cases of death were not mentioned in the final report of #bh ,july #aidb has therefore nothing to do with any concealment but is only due to the fact that those experiments which had fatal results had nothing whatsoever to do with the experiments of ,dr4 ,ruff and ,dr4 ,romberg and their problem4 ,for the same reasons it is not surprising at all that ,dr4 ,ruff did not inform ,dr4 ,weltz of the fatal accidents during the special experiments of ,rascher4 ,weltz was neither ,ruff's superior nor his subordinate1 and at the time when ,dr4 ,ruff learned of the deaths which had occurred during ,rascher's experiments1 ,dr4 ,rascher had already been transferred from the ,weltz ,institute4 99 99 99 99 99 ,the defense1 therefore1 arrives at the following conclusion3 ,dr4 ,ruff only did what his superiors ordered him to do4 ,if they have failed1 they should be taken to account4 ,dr4 ,ruff had no doubts concerning the orders of his superiors for his assignment was urgently necessary in the interest of his country1 engaged in the most difficult war1 and of its aviation4 ,if ,dr4 ,ruff at the time had been able to read all the international literature about medical experiments on human beings he would have learned that experiments much more exacting and much more dangerous than those with which he was familiar--which he knew and planned--were being conducted everywhere1 also on prisoners2 and perhaps they are still being conducted without the competent authorities or medical societies declaring them impermissible and intervening against them4 ,over many years1 ,dr4 ,ruff proved himself to be a particularly conscientious and considerate man of research who devoted his entire activity primarily to save endangered human lives4 ,neither can he be blamed for having collaborated for a short time with ,dr4 ,rascher4 ,he 7,rascher7 had been assigned to him as associate by his highest superiors2 he had to rely upon that4 ,if they ordered him to work together with a man who1 later on1 turned out to be a criminal1 no liability can be charged to ,dr4 ,ruff4 ,when ,dr4 ,ruff saw through his colleague who was forced upon him and realized his criminal activities1 he immediately cut off all relations to him on his own initiative1 avoided any further collaboration with him1 and thus probably prevented much further disaster4 ,field ,marshal ,milch was acquitted as far as the ,dachau altitude tests are concerned4#ba ,medical ,inspector ,dr4 ,hippke was not indicted at all4 ,under these circumstances justice demands that ,dr4 ,ruff be acquitted4 99 99 99 99 99 ,,extract ,,from ,,the ,,closing ,,brief ,,for ,,defendant ,,sievers 99 99 99 99 99 ,low-,pressure ,experiments ,low-pressure experiments 7high-altitude experiments7 were carried out in the ,dachau concentration camp from #bb ,february to the end of ,may #aidb4 ,the first plans to carry out experiments 8for rescue from high altitudes0 were discussed already in #aida4 ,the experiments were an affair of the ,luftwaffe4 7#aeha-;,a-,,ps1 ,pros4 ,ex4 #dh47 ,the carrying out of experiments for 8rescue from high altitudes0 was agreed upon1 as far as the ,dachau concentration camp was concerned1 by the ,reich ,minister for ,aviation 7represented by ,state ,secretary and ,field ,marshal ,milch7 and the ,reich ,leader ,,ss ,himmler4 7,german ,tr4 p4 #bgd4 ,also judgment of ,military ,tribunal ,,ii1 ,nuernberg in case of ,field ,marshal ,milch4 ,see ,vol4 ,,ii47 ,the witness ,neff gave the exact date of the start of the experiments4 ,the experiments were started on #bb ,february #aidb4 ,the witness could remember this date so well because it was his birthday4 7,german ,tr4 p4 #fjf47 ,after a few interruptions the experiments ended in the second half of ,may4 7,german ,tr4 p4 #fggi47 ,when answering the question whether the experiments could inflict torture and death on the experimental subjects1 one has to distinguish between the experiments which according to the detailed instructions of ,dr4 ,ruff were carried out by ,dr4 ,rascher and ,dr4 ,romberg in the ,dachau concentration camp1 and the experiments which ,rascher carried out either with the knowledge and permission of ,himmler1 or without his permission on his own responsibility4 ,with regard to the first experiments it has to be said that they caused the experimental subjects some discomfort through high-altitude sickness1 but that on no account did they mean torture and death for the experimental subjects4 7,evidence of ,dr4 ,ruff in direct examination47 ,on the other hand the experiments which ,rascher conducted on his responsibility have1 according to ,prosecution ,document #aiga-;,a-,,ps 7,pros4 ,ex4 #di71 apparently to be judged in a different manner4 ,sievers came in contact with the low-pressure experiments only2 in the second half of ,march #aidb4 ,by letter of #ba ,march #aidb ,rudolf ,brandt replied to an inquiry of the ,reich business manager of the ,ahnenerbe of #i ,march #aidb concerning ,rascher1 and informed him that low-pressure experiments were carried out in the ,dachau camp3 8,the ,reich ,leader ,,ss gave his permission on condition that ,dr4 ,rascher would participate40 7#aeha-;,a-,,ps1 ,pros4 ,ex4 #dh47 ,the cause of ,sievers' letter of #i ,march #aidb was the statement of ,dr4 ,rascher to the curator ,wuest1 according to which certain research work which he carried out for the ,luftwaffe in ,dachau1 and of which he could give no details1 was to be supported by the administration of the 8,ahnenerbe04 7,german ,tr4 p4 #efga47 ,following this1 ,sievers went to ,dachau in late ,march or on #a ,april #aidb4 7,german ,tr4 p4 #efgb47 ,thus this date was the earliest on which ,sievers could possibly have gained knowledge about the carrying out of high-altitude experiments in ,dachau4 ,it is important that at this time the experiments had already been under way for over a month4 ,the cunning ,rascher took the first visit of ,sievers as an opportunity to invite ,sievers to have a look at the experiments directed by him1 in spite of the fact that ,sievers had nothing at all to do with the carrying out of the experiments4 ,sievers watched two experiments4 ,he took the opportunity to speak to the two persons who were subjected to the experiments on that day4 ,both told ,sievers that they had volunteered for the experiment4 ,a few minutes after the experiment both experimental subjects did not show any after-effects and finished the experiment without suffering any bodily or physical damage4 7,german ,tr4 p4 #egda47 ,the following proceeding shows the special care which was taken in the carrying out of these experiments3 ,it was agreed with the experimental persons that in case of earache they were to point with the hand to the ear4 ,when one of the experimental subjects did this1 ,dr4 ,romberg immediately altered the pressure conditions1 and the behavior of the experimental subject showed that he had no more discomfort4 7,german ,tr4 pp4 #egdc and #fhde47 ,since the question of the voluntary status of the human experimental subjects may be of significance in the case of all experiments1 a comprehensive presentation of the most important depositions on this subject is given here4 ,himmler stated at the ,easter conference in #aidb1 in answer to the scruples of ,sievers1 that only volunteers were to be allowed to be drawn upon for the experiments1 and if the experiments were fraught with danger to life then only major criminals under sentence of death and no political prisoners would be taken4 7,german ,tr4 p4 #efgg47 ,the witness ,neff testified that volunteers presented themselves for the experiments4 7,german ,tr4 p4 #fad47 ,dr4 ,craemer of the ,mountain ,institute for ,psychology of the ,army ,mountain ,medical ,school ,gebirgspsychologisches1 ,institut der ,heeres-,gebirgs-,sanitaets-,schule has1 in an affidavit1 reported a conversation with ,dr4 ,rascher in the course of which the latter said3 8,human experimental subjects4 ,it is a question of major criminals under valid sentence of death who come forward voluntarily for the experiments in ,dachau in order to have life and liberty given to them if they survive an experiment40 7,handloser #cg1 ,handloser ,ex4 #ah47 ,the witness ,meine declared3 899 99 99 since1 furthermore1 ,i knew from the series of experiments in ,oranienburg that the prisoners had come forward voluntarily in crowds 99 99 99 my suspicion was not aroused during these years40 7,german ,tr4 p4 #dhfd47 ,dr4 ,mrugowsky deposed the following in his direct examination regarding yellow-fever experiments3 8,only volunteers were used1 and ,dr4 ,ding states in his declaration 7,,no-#beg1 ,pros4 ,ex4 #bhc7 that he knew of a list1 and that for these kinds of cases always hundreds of volunteers offered themselves because they would not need to work for #d weeks and were better fed40 7,german ,tr4 p4 #eaie47 ,further1 ,i refer to the affidavit of ,dr4 ,morgen1 which was submitted by ,dr4 ,mrugowsky's defense counsel1 ,mrugowsky #cb 7,mrugowsky ,exhibit #bf73 8,at the conference with ,dr4 ,ding ,i learned that the human experimental subjects came forward voluntarily for these experiments4 99 99 99 ,in the case of the prisoner whose treatment ,i chanced to watch with others1 ,i had the definite impression that he was a volunteer40 7,german ,tr4 p4 #ebbh47 ,in connection with the high-altitude experiments in ,dachau1 ,i quote the following from ,dr4 ,ruff's deposition3 8,professor ,dr4 ,weltz told me that these human experimental subjects were professional criminals who were allowed to volunteer for the experiments40 7,german ,tr4 p4 #fecb47 8,hippke told me also in this conversation that it was a question of major criminals who could offer themselves voluntarily for the experiments and who1 following the experiments1 were then to receive in some form a mitigation of their punishment1 either reduction or remission40 7,german ,tr4 p4 #fecd47 ,the chief of ,himmler's personal staff1 ,,ss ,general ,karl ,wolff1 gave an affidavit in ,london on #ba ,november #aidf1 which is of special importance because ,wolff himself watched experiments in ,dachau together with ,himmler1 and also reported to ,hitler concerning the experiments3 8,they 7namely1 the human experimental subjects7 protested to ,himmler in my presence that--after their request to be sent to the front had been turned down--they wanted to render a modest voluntary service to ,germany and thereby give proof of the good will they really possessed4 99 99 99 ,that later low-pressure experiments are said to have taken place on prisoners on a nonvoluntary basis--of that ,i received no knowledge either from ,himmler nor in any other way40 7,german ,tr4 pp4 #fgeg-eh47 ,dr4 ,romberg declared in direct examination3 8,in the course of time1 not exactly on the first day1 but as time went on1 ,i spoke of course with all of them more often and in greater detail2 then they told me gradually what previous sentences they had had1 what prisons and penitentiaries they had already been at before coming to the camp4 ,they told me also the reasons why they had come forward and had placed themselves voluntarily at the disposal of the experiments40 ,to the question3 8,do you mean by that1 that all the human experimental subjects who were used for the altitude experiments were voluntarily human experimental subjects80 ,dr4 ,romberg answered with a clear1 8,yes40 7,german ,tr4 pp4 #fghg-hh47 ,the following is quoted from ,dr4 ,weltz' deposition3 8,when ,i first heard anything from ,kottenhoff concerning ,rascher's proposals1 ,kottenhoff spoke already of volunteers4 ,later1 after this conversation with ,hippke ,i spoke again with ,rascher4 ,rascher also spoke of volunteers4 ,we then had ,rascher at our joint consultation with ,ruff and ,romberg in my institute4 ,there1 too1 he spoke of volunteers4 ,in the observations that he made at the ,nuernberg conference in connection with ,holzloehner's lecture1 he spoke of volunteers4 ,he spoke further of volunteers1 on the return journey from the ,nuernberg conference1 with ,dr4 ,craemer from ,st4 ,johann4 99 99 99 ,thus ,i never heard ,rascher speak otherwise than of volunteers1 and1 as ,i said already1 that was the reason why we did not speak for a long time at all concerning compulsory experiments with ,hippke40 7,german ,tr4 p4 #gjfd47 ,the affidavit of the ,polish ,communist ,wilschewske1 an inmate of ,dachau concentration camp1 which was read on #bh ,april #aidg1 deposes as to the voluntary status of the human experimental subjects3 8,prisoners who came forward for these experiments did so1 as far as ,i know1 voluntarily1 because they could thereby gain their own freedom and rehabilitation1 and also favorable treatment for their relatives40 7,german ,tr4 p4 #feee47 ,dr4 ,becker-,freyseng deposed the following in his direct examination3 8,rascher spoke unequivocally of prisoners or criminal characters who were available because of special sanctions 99 99 99 by ,hitler and ,himmler1 and through volunteering40 7,german ,tr4 pp4 #ghej-ea47 ,the witness ,dorn1 a former prisoner in ,buchenwald1 deposed in answer to the following question3 ,were these people now forced into these experiments or was there a possibility of volunteering8 8,i should like to give you an answer to that4 ,imagine the position of a prisoner who perhaps for years had not had enough to eat to satisfy him1 and who perhaps learns from a camp conversation that if he were to offer himself for this or that experiment he would receive a double or triple amount of food4 ,you can imagine that hundreds or more presented themselves merely from the purely human urge to eat their fill once again40 7,german ,tr4 p4 #hfbj47 ,dr4 ,beiglboeck likewise makes assertions in his direct examination concerning the voluntary status of the human experimental subjects1 and declares in conclusion3 8,i had at that time absolutely no reason to doubt that this information was correct4 ,superiors1 officers of the ,,ss1 and the human experimental subjects themselves admitted this to me4 ,and ,i do not know what more ,i could have done in order to assure myself still further40 7,german ,tr4 p4 #hgja47 ,the voluntary status of the prisoners is likewise confirmed in his affidavit by the witness ,dr4 ,lesse1 who worked as a doctor with ,dr4 ,beiglboeck in ,dachau4 7,beiglboeck #ad1 ,beiglboeck ,ex4 #bj47 ,the witness ,mettbach has also confirmed the voluntary status of the human experimental subjects in connection with the sea-water experiments4 ,finally reference is made to the deposition of the witness ,nales1 who was examined by the prosecution on #cj ,june #aidg in the second half of the forenoon session1 and who testified to the voluntary status of the human experimental subjects used in the ,lost gas experiments4 ,the evidence produced has not given the slightest grounds for believing that ,sievers had any knowledge at all that nonvoluntary human experimental subjects were compelled to undergo experiments1 or that the experiments would be painful or fraught with danger to life4 ,as a precaution let us also examine the question as to what further activity ,sievers developed in connection with the low-pressure experiments4 ,from the document book presented by the prosecution it appears that ,sievers passed on letters which came to his office4 ,sievers is mentioned in some documents4 ,the following separate letters are at hand3 ,in connection with the altitude experiments1 the prosecution's document book contains the following documents in which the ,reich ,business ,manager of the ,ahnenerbe is mentioned in one way or another4 7,,no-#bfc1 ,pros4 ,ex4 #dg47 ,letter from ,frau ,rascher to the ,reich ,leadership ,,ss dated #bd ,february #aidb3 8,rascher requests ,,ss ,obersturmbannfuehrer ,schnitzler to acquaint the ,reich ,leader with the events and to say at the same time that ,rascher1 as a member of the ,ahnenerbe1 definitely wishes to participate scientifically in the experiments40 ,from this it is seen how very keen even ,frau ,rascher was that her husband should participate in the experiments in ,dachau4 ,this was at a time when ,sievers had as yet no knowledge at all of the altitude experiments4 ,letter from the ,reich ,business ,manager of the ,ahnenerbe to ,dr4 ,brandt1 dated #bf ,august #aidb 7,,no-#bba1 ,pros4 ,ex4 #fh74 ,this letter contains a copy of a letter from ,rascher which had as its subject a report by ,rascher and ,romberg to ,field ,marshal ,milch4 ,the second part of the letter contains the report and the assent to the publication of the scientific results4 ,here the date of the letter must be pointed out1 #bf ,august #aidb1 which was many weeks after the altitude experiments had come to an end1 in ,may #aidb4 ,dr4 ,brandt's reply to ,sievers1 dated #bi ,august #aidb 7,,no-#bbb1 ,pros4 ,ex4 #fi73 8,the letter of the ,reich ,leader ,,ss1 with which he has forwarded the report to ,field ,marshal ,milch1 was only signed and sent off a few days ago4 ,copy of the letter of the ,reich ,leader ,,ss dated #be ,august #aidb is enclosed for your information40 ,here it is to be observed that this letter likewise was written long after the conclusion of the altitude experiments and1 like the preceding one1 contains nothing at all concerning the experiments4 ,it cannot be inferred from the letter dated #bi ,august #aidb that a copy of the report sent to ,field ,marshal ,milch was also sent to the ,ahnenerbe4 ,brandt sends ,sievers a copy of his letter to ,dr4 ,rascher dated #f ,september #aidb 7,,no-#bbc1 ,pros4 ,ex4 #ga74 ,it contains the information that ,field ,marshal ,milch will ask ,dr4 ,rascher and ,dr4 ,romberg to meet shortly and report4 ,letter from ,rascher to ,himmler1 dated #i ,october #aidb 7#afaj-,,ps1 ,pros4 ,ex4 #gc74 ,sievers is mentioned in connection with the unsuccessful report to ,milch4 ,it is worth noting that ,rascher asks that the low-pressure chamber may still be left at his disposal for further experiments4 ,letter from the ,reich ,business ,manager of the 8,ahnenerbe0 to the personal staff1 for the attention of ,dr4 ,brandt1 dated #ba ,october #aidb 7,,no-#bbf1 ,pros4 ,ex4 #ge 7,pros4 ,ex4 #aaj in ,milch case72 #afag-,,ps1 ,pros4 ,ex4 #aaa in ,milch case74 ,this letter contains the information that the freezing experiments are finished and that the altitude experiments desired by the ,reich ,leader ,,ss can now be continued4 ,for this purpose the low-pressure chamber will be needed again1 and the ,reich ,leader ,,ss is to write personally to ,field ,marshal ,milch4 ,the rough draft of a letter of the ,reich ,leader ,,ss to ,field ,marshal ,milch was enclosed with this letter4 ,this rough draft is submitted by the prosecution as ,,no-#bbf1 ,prosecution ,exhibit #ge4 ,this draft was submitted by ,sievers because of an assignment given to him by ,himmler4 ,the rough draft was drawn up in accordance with ,rascher's suggestions4 7,german ,tr4 p4 #efhb47 ,this letter1 dated #ac ,december #aidb1 contains several research commissions given personally by ,himmler to ,rascher 7#afab-,,ps1 ,pros4 ,ex4 #gi74 ,number #e reads3 8,the procuring of the apparatus necessary for all experiments is to be discussed separately with the offices of the ,reich ,physician ,,ss of the ,,ss ,economic and ,administrative ,main ,office1 and with the ,ahnenerbe ,registered ,association40 ,a copy went to the ,ahnenerbe4 ,this is a letter from the ,vorstand ,board of ,directors of the ,siemens-,schuckert-,werke1 ,berlin1 and concerns the ordering of an electrocardiograph 7,,no-#cfge1 ,pros4 ,ex4 #edh74 ,this apparatus was never delivered because the 8,,ss priority grade0 was not certified4 ,let it be remarked here1 for the sake of understanding1 that the designation 8,,ss priority grade0 was in general use and had nothing to do with the 8,,ss01 the so-called 8,schutzstaffeln0 of the ,,nsdap4 ,letter from ,sievers to the ,rector of the ,university of ,munich concerning the loan of different pieces of apparatus 7,,no-#cfgd1 ,pros4 ,ex4 #edi47 ,dr4 ,wuest was1 as repeatedly pointed out1 office chief of the ,ahnenerbe4 ,as such he had exact information concerning the research commissions of the ,institute for ,military ,scientific ,research4 ,a simple way to obtain the apparatus would have been an agreement made over the telephone4 ,if ,sievers chose to do it by letter it was only because of the delaying tactics practiced by him4 ,this is seen clearly from the postscript intended for ,rascher1 telling him not to participate4 ,it is also worthy of note that the apparatus was to be used in ,munich and not in ,dachau4 ,sievers had no right to issue orders or instructions in connection with the low-pressure experiments1 as is seen from part ,,iii of the closing brief4 ,sievers had not the slightest influence on the carrying out of the experiments4 ,sievers could have had no knowledge that the experiments might be inhuman1 because he1 or the ,ahnenerbe1 was only brought in when the experiments had already been in progress for over a month4 ,the question still to be examined is whether and when ,sievers received knowledge of ,rascher's reports concerning his experiments4 ,to this the following details are pointed out3 ,on #e ,april #aidb ,rascher sent an interim report on his low-pressure experiments direct to ,himmler4 ,he asked that the report should be treated as secret4 7#aiga-;,a-,,ps1 ,pros4 ,ex4 #di47 ,the acknowledgment of the receipt did not go through the ,ahnenerbe but went directly from ,rudolf ,brandt to ,rascher4 7#aiga-;,c-,,ps1 ,pros4 ,ex4 #ej47 ,it is nowhere mentioned that a copy went to the ,ahnenerbe4 ,from the distribution of the order issued by ,himmler thereon 7#aiga-;,b-,,ps1 ,pros4 ,ex4 #ea71 it is clearly seen that the ,ahnenerbe received no copy of the order4 ,on #aa ,may #aidb ,rascher sent a further secret report direct to ,himmler1 so that ,sievers here too had no possibility of acquiring any knowledge of this report4 7,,no-#bbj1 ,pros4 ,ex4 #fa47 ,on #bb ,september #aidb the ,german ,experimental ,station for ,aviation sent copies of ,nos4 #b1 #c1 and #d of the report 8,experiments on ,rescue from ,high ,altitudes0 as 8top secret0 matter to the ,reich ,leader ,,ss 8to be filed there04 7,,no-#djb1 ,pros4 ,ex4 #ff47 ,even if the first page of the report bears the note1 8,the investigations were conducted in conjunction with the ,research and ,instruction ,association the ,ahnenerbe01 no kind of proof is thereby furnished that a copy of the report reached the ,ahnenerbe4 ,it is true that ,sievers does not exclude the possibility that such a report came to the ,ahnenerbe1 but he denies that he read such a report1 because it did not concern him1 and it also did not interest him as it dealt with medical matters4 ,if he did read any of it1 it was at the most the short summary to be found at the end4 7,german ,tr4 p4 #efha47 ,it must also be pointed out that there is nothing in this report which could lead to the conclusion that the experiments had fatal results4 ,the prosecution's expert ,professor ,ivy also confirmed this in answer to the ,court's question3 8,is there anything mentioned in the ,ruff-,romberg-,rascher report about experiments concerning which it can be asserted with absolute certainty that fatalities1 permanent injury1 or great pain have resulted in the case of human experimental subjects80 ,the expert's answer was 8,no40 7,german ,tr4 p4 #ibag47 ,in addition this report was sent to ,himmler on #bb ,september #aidb1 thus1 long after the close of the experiments4 ,sievers cannot then have gained any insight into ,rascher's criminal activity from ,rascher's reports4 ,sievers had not the power or the opportunity of preventing ,rascher's criminal experiments or of bringing them to a standstill4 ,it is true that at the ,easter conference in #aidb he tried to move ,himmler to discontinue all experiments in the concentration camps1 or at least to bring about the suppression of the research of ,rascher and ,professor ,dr4 ,hirt1 which were not in harmony with the character of the ,ahnenerbe4 ,both his suggestions were refuted by ,himmler's declaration that 8all that0 was no concern of ,sievers and that he 7,himmler7 bore the sole responsibility4 7,german ,tr4 p4 #egad47 ,in spite of ,himmler's declaration1 ,sievers endeavored to halt further low-pressure experiments1 when the low-pressure chamber had been removed from ,dachau at the beginning of ,june #aidb4 ,already on #bg ,november #aidb1 the chief of the personal staff of the ,reich ,leader ,,ss1 ,,ss ,general ,wolff1 had applied to ,field ,marshal ,milch in order to make possible ,rascher's further experiments in ,dachau4 ,in the closing sentence of this letter the loan of the low-pressure chamber is once again requested4 7,,no-#bfi1 ,pros4 ,ex4 #gh 7,pros4 ,ex4 #aah in the ,milch ,case747 ,that ,general ,wolff by ,himmler's orders laid great stress on making further experiments possible is seen from the fact that a copy of the letter went also to ,,ss ,oberfuehrer ,dr4 ,wuest1 who was office chief of the ,ahnenerbe4 ,thereby the special importance of the affair was to be shown also to the ,ahnenerbe1 on which the obligation rested to procure the requisite apparatus in accordance with figure three of ,himmler's order of #g ,july #aidb 7,,no-#dbb1 ,pros4 ,ex4 #cc7 and repeated later under figure five of ,himmler's order of #ac ,december #aidb 7#afab-,,ps1 ,pros4 ,ex4 #gi74 ,when the ,luftwaffe did not make the low-pressure chamber available again1 ,sievers was commissioned to buy a special portable low-pressure chamber for the ,,ss4 7,german ,tr4 p4 #ehjj47 ,and then ,sievers did something unheard of and rang up ,dr4 ,romberg of the ,german ,experimental ,station for ,aviation4 ,romberg was very much surprised at this telephone call4 7,german ,tr4 pp4 #fhci-dj47 ,through his communication that he had been commissioned by ,himmler to procure a low-pressure chamber for ,rascher1 who at that time was still a member of the ,luftwaffe1 he aroused the attention of the ,luftwaffe4 ,for ,dr4 ,romberg communicated this news to his superior ,dr4 ,ruff1 who1 on his side1 informed ,dr4 ,becker-,freyseng of the ,medical ,inspectorate of the ,luftwaffe4 7,german ,tr4 pp4 #ffjg-jh1 #ghgh2 ,becker-,freyseng #bd1 ,becker-,freyseng ,ex4 #aa47 ,this was what ,sievers counted upon4 ,the consent of the ,luftwaffe would have been necessary for the purpose of sanctioning the requisite priority grade for a low-pressure chamber4 ,the ,luftwaffe denied this necessity and thus the low-pressure chamber under consideration for ,rascher was not procured4 ,when ,himmler in the year #aidc--probably at ,rascher's urging--ordered ,sievers again to procure a low-pressure chamber1 ,sievers was able once more to prevent one from being procured4 ,this time he pointed out that the research management of the ,luftwaffe did not consider it necessary to continue with altitude experiments4 ,sievers advanced this statement at random1 profiting by the fact that ,rascher1 though probably known to the ,medical ,inspectorate of the ,luftwaffe1 was not known to the research management of the ,luftwaffe4 7,german ,tr4 p4 #ehja47 ,summary ,criminal action on the part of ,sievers cannot be proved in connection with the low-pressure experiments4 ,the carrying out of the experiments was neither ordered nor arranged for by him4 ,he did not come into contact with the experiments until they had been in progress for over a month4 ,what ,sievers saw1 heard1 and read about the experiments could not in any way give him the knowledge that inadmissible experiments were being made4 ,sievers had no knowledge of ,rascher's criminal experiments while the experiments were in progress1 because ,rascher kept these experiments completely secret4 ,sievers' activity was of a completely subordinate nature4 ,apart from that1 however1 ,sievers helped to prevent ,rascher 7whom ,sievers could not bear1 for he was a pompous fellow and a protg of ,himmler7 from being put again in a position to carry on further low-pressure experiments4 ,there is no criminal guilt then on the part of ,sievers1 as far as ,sievers' contact with the low-pressure experiments is concerned4 d4 ,evidence ,prosecution ,documents ,pros4 ,doc4 ,no4 ,ex4 ,no4 ,description of ,document ,page #afjb-,,ps #dd ,letter from ,rascher to ,himmler1 #ae ,may #aida1 #ada concerning high-altitude experiments on human beings4 #aehb-,,ps #de ,letter from ,rudolf ,brandt to ,rascher1 undated1 #adc nforming him that prisoners would be made available for high-altitude research4 #aeha-;,a-,,ps #dh ,letter from ,rudolf ,brandt to ,sievers1 #ba ,march #add #aidb1 concerning ,rascher's participation in high-altitude experiments4 #aiga-;,a-,,ps #di ,letter from ,rascher to ,himmler1 #e ,april #aidb1 #add and report1 undated1 on high-altitude experiments4 #aiga-;,c-,,ps #ej ,letter from ,rudolf ,brandt to ,rascher1 #ac ,april #adg #aidb1 regarding his success with high-altitude experiments4 #aiga-;,b-,,ps #ea ,letter from ,himmler to ,rascher1 #ac ,april #aidb1 #adh requesting a repetition of high-altitude experiments on prisoners condemned to death4 #aiga-;,d-,,ps #eb ,teletype from ,rascher to ,rudolf ,brandt1 #bj #adi ,october #aidb1 requesting clarification on the pardon granted by ,himmler4 #aiga-;,e-,,ps #ec ,teletype from ,rudolf ,brandt to ,schnitzler1 #ba #adi ,october #aidb1 concerning the pardon granted by ,himmler4 ,,no-#bah #ef ,letter from ,rascher to ,himmler1 #af ,april #aidb1 #aej reporting on high-altitude experiments with fatal results and on experiments conducted together with ,romberg4 ,,no-#bfd #fj ,file note for ,,ss ,obersturmfuehrer ,schnitzler1 #aea #bh ,april #aidb4 ,,no-#bbj #fa ,letter from ,rascher to ,himmler1 #aa ,may #aidb1 #aeb and secret report concerning high-altitude experiments4 ,,no-#djb #ff ,letter1 #bi ,september #aidb1 and report1 #bh ,july #aee #aidb1 from ,romberg and ,ruff to ,himmler concerning experiments on rescue from high altitudes4 #cdc-;,a-,,ps #fb ,letter from ,milch to ,wolff1 #bj ,may #aidb1 #agb regarding continuation of experiments4 #cdc-;,b-,,ps #gj ,letter from ,milch to ,himmler1 #ca ,august #aidb1 #agb acknowledging receipt of reports by ,rascher and ,romberg on high-altitude experiments4 ,,no-#bhi #gb ,letter from ,hippke to ,himmler1 #h ,october #aidb1 #agc thanking the latter for his assistance in high-altitude experiments in ,dachau4 ,,no-#bbd #gf ,note by ,romberg on showing of film in office #agd of ,state ,secretary ,milch and proposed report to ,milch1 #aa ,september #aidb4 #afab-,,ps #gi ,letter from ,rudolf ,brandt to ,rascher1 #ac #agf ,december #aidb1 and ,himmler's order assigning ,rascher to high-altitude experiments4 ,,no-#faj #da ,inmates of the ,dachau concentration camp in #hih different stages of simulated altitude in the low-pressure chamber2 postmortem dissections of experimental subjects who died from the effects of high-altitude experiments4 7,see ,selections from ,photographic ,evidence of the ,prosecution47 ,testimony ,extracts from the testimony of tribunal witness ,walter ,neff #agg ,extracts from the testimony of defendant ,rudolf ,brandt #ahc ,extracts from the testimony of defendant ,romberg #ahf ,,translation ,,of ,,document #afjb-,,ps ,,prosecution ,,exhibit #dd ,,letter ,,from ,,rascher ,,to ,,himmler1 #ae ,,may #aida1 ,,concerning ,,high-,,altitude ,,experiments ,,on ,,human ,,beings ,stamp ,sigmund ,rascher1 ,m4 ,d4 ,personal ,staff ,reich ,leader ,,ss ,archives ,file ,no4 ,secret_/#eh ,munich1 ,trogerstrasse #ef1 #ae ,may #aida ,highly esteemed ,reich ,leader1 ,my most sincere thanks for your cordial wishes and flowers on the birth of my second son4 ,this time1 too1 it is a strong boy1 though he arrived #c weeks too early4 ,i shall take the liberty and send you a small picture of both children some time4 ,since ,i want a third child very soon1 ,i feel very grateful to you that with your help1 highly esteemed ,reich ,leader1 the wedding is made possible4 ,today ,i was informed by ,,ss ,standartenfuehrer ,sollmann on the telephone that the #afe marks as required for a wedding will be charged to the account 8,r0 and will be transmitted by the ,ahnenerbe4 ,i thank you heartily6 ,i only need a short certificate concerning ,aryan descent for the ,luftwaffe1 where the permit was already submitted4 ,tomorrow1 prior to my departure1 ,i shall dictate a rough text to ,nini ,d2 she will then forward the note to you1 highly esteemed ,reich ,leader4 ,i also thank you very cordially for the generous regular allowance of fruit2 this is at present extremely important for mother and children4 ,for the time being1 have been assigned to the ,luftgau ,kommando ,,vii1 ,munich1 for a medical selection course4 ,during this course1 where research on high-altitude flying plays a prominent part1 determined by the somewhat higher ceiling of the ,english fighter planes1 considerable regret was expressed that no experiments on human beings have so far been possible for us because such experiments are very dangerous and nobody is volunteering4 ,i therefore put the serious question3 is there any possibility that two or three professional criminals can be made available for these experiments8 ,the experiments are being performed at the ,ground ,station for ,high-,altitude ,experiments of the ,luftwaffe ,bodenstaendige ,pruefstelle fuer ,hoehenforschung der ,luftwaffe at ,munich4 ,the experiments1 in which the experimental subject of course may die1 would take place with my collaboration4 ,they are absolutely essential for the research on high-altitude flying and cannot1 as it has been tried until now1 be carried out on monkeys1 because monkeys offer entirely different test conditions4 ,i had an absolutely confidential talk with the representative of the ,luftwaffe physician who is conducting these experiments4 ,he also is of the opinion that the problems in question can only be solved by experiments on human beings4 7,feeble-minded individuals also could be used as experimental material47 ,for the time being1 ,,ss men and some ,,ss officers as well are detailed to the antiaircraft school ,,iv1 for studying the range-finding technique4 ,the material is excellent4 ,nevertheless1 ,i suggest that selection of range-finding men among ,,ss troops should be carried out according to the methods of examination as used by the ,luftwaffe4 ,a still better selection would thus be the result4 ,i am able to judge because ,i am the specialist for medical selection with the ,luftwaffe range-finding unit1 and all those detailed to these courses once more have to pass my examination4 ,i therefore take the liberty to send to you from ,schongau the method of selection as drafted by me4 ,for this1 ,i received the ,war ,merit ,cross1 #b;d ,class1 with ,swords4 ,it will not be a note for instruction but a draft for a lecture4 ,i prefer to have it forwarded the direct way rather than that any ,,ss officer should put it down in a mutilated way during my lectures4 ,a similar instructional note was submitted to the ,reich ,ministry for ,aviation4 ,thanks to your generosity1 the cancer research is progressing well1 in spite of the war4 ,i do hope that you1 highly esteemed ,reich ,leader1 are in perfect health1 in spite of your tremendous amount of work6 ,with my most hearty wishes1 ,i am with ,heil ,hitler6 handwritten ,yours1 gratefully devoted1 ,signed ,s4 ,,rascher ,handwritten ,,rush ,,translation ,,of ,,document #aehb-,,ps ,,prosecution ,,exhibit #de ,,letter ,,from ,,rudolf ,,brandt ,,to ,,rascher1 ,,undated1 ,,informing ,,him ,,that ,,prisoners ,,would ,,be ,,made ,,available ,,for ,,high-,,altitude ,,research ,,ak_/#ajd;a_/,,lo ,bra_/,v ,stamp unintelligible ,may #b 787 #aida ,,ss ,untersturmfuehrer ,sigmund ,rascher ,m4 ,d4 ,munich ,trogerstr4 #ef ,dear ,dr4 ,rascher3 ,shortly before flying to ,oslo1 the ,reich ,leader ,,ss gave me your letter of #ae ,may #aida1 for partial reply4 ,i can inform you that prisoners will1 of course1 be gladly made available for the high-flight researches4 ,i have informed the ,chief of the ,security ,police of this agreement of the ,reich ,leader ,,ss1 and requested that the competent official be instructed to get in touch with you4 ,i want to use the opportunity to extend my cordial wishes to you on the birth of your son4 ,i shall refer as soon as possible to the second part of your letter4 ,by order ,heil ,hitler6 initials ,r ,,br ,rudolf ,brandt ,,ss ,sturmbannfuehrer illegible markings ,,translation ,,of ,,document #aeha-;,a-,,ps ,,prosecution ,,exhibit #dh ,,letter ,,from ,,rudolf ,,brandt ,,to ,,sievers1 #ba ,,march #aidb1 ,,concerning ,,rascher',s ,,participation ,,in ,,high-,,altitude ,,experiments ,the ,reich ,leader ,,ss ,personal ,staff ,journal ,no4 ,,ar #gjd_/b ,a_/,bn4 ,stamp ,personal ,staff ,reich ,leader ,,ss ,documentary ,administration ,record number ,,ar_/#gjd_/b ,a_/,bn4 #eh ,fuehrer ,headquarters1 #ba ,march #aidb ,to the ,reich ,chief ,manager ,reichsgeschaeftsfuehrer of the 8,ahnenerbe0 ,,ss ,obersturmbannfuehrer ,sievers ,berlin--,dahlem ,dear ,comrade ,sievers1 ,i refer to your inquiry of #i ,march #aidb ,b_/#aea_/r#a ,s_/,wo--concerning ,dr4 ,rascher4 ,reference is made to the subatmospheric pressure experiments which are being carried out on concentration camp inmates in the ,dachau camp by the air force4 ,the ,reich ,leader ,,ss has approved these experiments under the condition that ,,ss ,untersturmfuehrer ,dr4 ,rascher1 who is an ,obersturmfuehrer of the air force1 takes part in them4 ,i am sure that ,dr4 ,rascher will be able to give you further details4#bb ,heil ,hitler6 ,signed ,,brandt ,,ss ,sturmbannfuehrer ,,translation ,,of ,,document #aiga-;,a-,,ps ,,prosecution ,,exhibit #di ,,letter ,,from ,,rascher ,,to ,,himmler1 #e ,,april #aidb1 ,,and ,,report1 ,,undated1 ,,on ,,high-,,altitude ,,experiments ,sigmund ,rascher1 ,m4 ,d4 #e ,april #aidb ,marginal note ,very interesting4 #h-d-db4 ,apparently by ,himmler ,highly esteemed ,reich ,leader3 ,enclosed is an interim report on the low-pressure experiments so far conducted in the concentration camp of ,dachau4 ,may ,i ask you respectively to treat the report as secret8 ,a few days ago ,reich ,physician ,,ss ,reichsarzt ,,ss ,professor ,dr4 ,grawitz made a brief inspection of the experimentation plant4 ,since his time was very limited1 no experiments could be demonstrated to him4 ,,ss ,obersturmbannfuehrer ,sievers took a whole day off to watch some of the interesting standard experiments and may have given you a brief report4 ,i believe1 highly esteemed ,reich ,leader1 that you would be extraordinarily interested in those experiments4 ,is it not possible that on the occasion of a trip to southern ,germany you have some of the experiments demonstrated to you8 ,if the results so obtained by the experiments are confirmed by further experimentation1 entirely new data will be secured for science2 simultaneously1 entirely new aspects will be opened to the ,luftwaffe4 ,i hope that1 thanks to the intended efforts of ,,ss ,obersturmbannfuehrer ,sievers1 the ,luftwaffe will make no difficulties from now on4 ,i am very much indebted to ,obersturmbannfuehrer ,sievers as he has shown a very active interest in my work in every respect4 ,i thank you respectfully1 highly esteemed ,reich ,leader1 for the generous realization of my proposition to conduct such experiments in the concentration camp4 ,with my best wishes for your personal well-being1 ,i am ,with ,heil ,hitler ,gratefully yours1 ,signed ,s4 ,,rascher ,,first ,,interim ,,report ,,on ,,the ,,low-,,pressure ,,chamber ,,experiments ,,in ,,the ,,concentration ,,camp ,,of ,,dachau #a4 ,the object is to solve the problem of whether the theoretically established norms pertaining to the length of life of human beings breathing air with only a small proportion of oxygen and subjected to low pressure correspond with the results obtained by practical experiments4 ,it has been asserted that a parachutist1 who jumps from a height of #ab km4 would suffer very severe injuries1 probably even die1 on account of the lack of oxygen4 ,practical experiments on this subject have always been discontinued after a maximum of #ec seconds1 since very severe bends ,hoehenkrankheit occurred4 #b4 ,experiments testing the length of life of a human being above the normal breathing limits 7#d1 #e1 #f km47 have not been conducted at all1 since it has been a foregone conclusion that the human experimental subject ,versuchsperson--,,vp would suffer death4 ,the experiments conducted by myself and ,dr4 ,romberg proved the following3 ,experiments on parachute jumps proved that the lack of oxygen and the low atmospheric pressure at #ab or #ac km4 altitude did not cause death4 ,altogether #ae extreme experiments of this type were carried out in which none of ,,vp's died4 ,very severe bends together with unconsciousness occurred1 but completely normal functions of the senses returned when a height of #g km4 was reached on descent4 ,electrocardiograms registering during the experiments did show certain irregularities1 but by the time the experiments were over the curves had returned to normal and they did not indicate any abnormal changes during the following days4 ,the extent to which deterioration of the organism may occur due to continuously repeated experiments can only be established at the end of the series of experiments4 ,the extreme fatal experiments will be carried out on specially selected ,,vp's1 otherwise it would not be possible to exercise the rigid control so extraordinarily important for practical purposes4 ,the ,,vp's were brought to a height of #h km4 under oxygen and then had to make #e knee bends with and without oxygen4 ,after a certain lapse of time1 moderate to severe bends occurred and the ,,vp's became unconscious4 ,however1 after a certain period of accustoming themselves to the height of #h km4 all the ,,vp's recuperated and regained their consciousness and the normal functions of their senses4 ,only continuous experiments at altitudes higher than #aj4e km4 resulted in death4 ,these experiments showed that breathing stopped after about #cj minutes1 while in #b cases the electrocardiographically charted action of the heart continued for another #bj minutes4 ,the third experiment of this type took such an extraordinary course that ,i called an ,,ss physician of the camp as witness1 since ,i had worked on these experiments all by myself4 ,it was a continuous experiment without oxygen at a height of #ab km4 conducted on a #cg-year-old ,jew in good general condition4 ,breathing continued up to #cj minutes4 ,after #d minutes the ,,vp began to perspire and to wiggle his head1 after #e minutes cramps occurred1 between #f and #aj minutes breathing increased in speed and the ,,vp became unconscious2 from #aa to #cj minutes breathing slowed down to three breaths per minute1 finally stopping altogether4 ,severest cyanosis developed in between and foam appeared at the mouth4 ,at #e-minute intervals electrocardiograms from three leads were written4 ,after breathing had stopped1 the electrocardiogram was continuously written until the action of the heart had come to a complete standstill4 ,about hour after breathing had stopped1 dissection was started4 ,autopsy ,report ,when the cavity of the chest was opened the pericardium was filled tightly 7heart tamponade74 ,upon opening of the pericardium #hj cc4 of clear yellowish liquid gushed forth4 ,the moment the tamponade had stopped1 the right auricle began to beat heavily1 at first at the rate of #fj actions per minute1 then progressively slower4 ,twenty minutes after the pericardium had been opened1 the right auricle was opened by puncturing it4 ,for about #ae minutes1 a thin stream of blood spurted forth4 ,thereafter clogging of the puncture wound in the auricle by coagulation of the blood and renewed acceleration of the action of the right auricle occurred4 ,one hour after breathing had stopped1 the spinal marrow was completely severed and the brain removed4 ,thereupon the action of the auricle stopped for #dj seconds4 ,it then renewed its action1 coming to a complete standstill #h minutes later4 ,a heavy subarchnoid oedema was found in the brain4 ,in the veins and arteries of the brain a considerable quantity of air was discovered4 ,furthermore1 the blood vessels in the heart and liver were enormously obstructed by embolism4 ,the anatomical preparations will be preserved and so ,i shall be able to evaluate them later4 ,the last-mentioned case is to my knowledge the first one of this type ever observed on man4 ,the above-described heart actions will gain particular scientific interest1 since they were written down with an electrocardiogram to the very end4 ,the experiments will be continued and extended4 ,another interim report will follow after new results have been obtained4 ,signed ,,dr4 ,,rascher ,,translation ,,of ,,document #aiga-;,c-,,ps ,,prosecution ,,exhibit #ej ,,letter ,,from ,,rudolf ,,brandt ,,to ,,rascher1 #ac ,,april #aidb1 ,,regarding ,,his ,,success ,,with ,,high-,,altitude ,,experiments #aagd_/db ,b,ra_/,v ,fuehrer ,headquarters1 #ac ,april #aidb ,top ,secret ,,ss ,untersturmfuehrer ,rascher1 ,m4 ,d4 ,munich1 ,trogerstrasse #ef ,dear ,comrade ,dr4 ,rascher1 ,your report of #e4d4aidb has been seen by the ,reich ,leader ,,ss today4 ,the tests on which ,,ss ,obersturmbannfuehrer ,sievers gave a brief report interested him very much4 ,for the further tests ,i wish you a continuation of the success you have had so far4 ,best regards also to your wife4 ,heil ,hitler6 ,yours1 ,signed ,b4 ,r4 ,,brandt ,,ss ,sturmbannfuehrer ,,translation ,,of ,,document #aiga-;,b-,,ps ,,prosecution ,,exhibit #ea ,,letter ,,from ,,himmler ,,to ,,rascher1 #ac ,,april #aidb1 ,,requesting ,a ,,repetition ,,of ,,high-,,altitude ,,experiments ,,on ,,prisoners ,,condemned ,,to ,,death ,the ,reich ,leader ,,ss ,fuehrer ,headquarters1 #ac ,april #aidb ,,ss ,untersturmfuehrer ,dr4 ,rascher ,munich #bg1 ,trogerstrasse #ef ,dear ,dr4 ,rascher3 ,i want to answer your letter with which you sent me your reports4 ,especially the latest discoveries made in your experiments particularly have interested me4 ,may ,i now ask you the following3 #a4 ,this experiment is to be repeated on other men condemned to death4 #b4 ,i would like ,dr4 ,fahrenkamp to be taken into consultation on these experiments4 #c4 ,considering the long-continued action of the heart the experiments should be specifically exploited in such a manner as to determine whether these men could be recalled to life4 ,should such an experiment succeed1 then1 of course1 the person condemned to death shall be pardoned to concentration camp for life4 ,please keep me further informed on the experiments4 ,kind regards and ,heil ,hitler6 ,yours ,signed ,h4 ,,himmler #b4 ,chief of the ,security ,police and ,,sd4 #c4 ,,ss ,brigadefuehrer ,gluecks4 ,copy for your information4 by order ,i4 ,a4 initialed ,,br4 ,rudolf ,brandt ,,ss ,sturmbannfuehrer ,,translation ,,of ,,document #aiga-;,d-,,ps ,,prosecution ,,exhibit #eb ,,teletype ,,from ,,rascher ,,to ,,rudolf ,,brandt1 #bj ,,october #aidb1 ,,requesting ,,clarification ,,on ,,the ,,pardon ,,granted ,,by ,,himmler ,,reich ,,security ,,main ,,office ,communication ,communication ,no4 #aaaid ,urgent ,,rfss ,munich--,teletype ,no4 #bjbj1 #bj ,october #aidb1 #e3be p4 m4 ,to3 ,,ss ,obersturmbannfuehrer ,dr4 ,brandt ,field ,command ,post ,feldkommandostelle ,hegewald ,highly esteemed ,obersturmbannfuehrer3 ,will you please clarify the following case with the ,reich ,leader ,,ss as soon as possible8 ,in communication ,,rfss ,reich ,leader ,,ss of #ac-a-db under paragraph #c it is ordered that if prisoners in ,dachau condemned to death live through experiments which have endangered their lives1 they should be pardoned4 ,as up to now only ,poles and ,russians were available1 some of whom had been condemned to death1 it is not quite clear to me yet as to whether the above-mentioned paragraph also applies to them1 and whether they may be pardoned to concentration camp for life after having lived through several very severe experiments4 ,please answer by teletype via ,adjutant's ,office1 ,,rfss1 ,munich4 ,obedient ,greetings1 ,heil ,hitler6 ,yours ,signed ,s4 ,,rascher ,,translation ,,of ,,document #aiga-;,e-,,ps ,,prosecution ,,exhibit #ec ,,teletype ,,from ,,rudolf ,,brandt ,,to ,,schnitzler1 #ba ,,october #aidb1 ,,concerning ,,the ,,pardon ,,granted ,,by ,,himmler ,,teletype ,to ,,ss ,obersturmfuehrer ,schnitzler ,munich ,please inform ,,ss ,untersturmfuehrer ,dr4 ,rascher with regard to his teletype inquiry that the instruction given some time ago by the ,reich ,leader ,,ss concerning amnesty of test persons does not apply to ,poles and ,russians4 ,signed ,,brandt ,,ss ,obersturmbannfuehrer #ba ,october #aidb ,bra_/,dr4 ,,translation ,,of ,,document ,,no-#bah ,,prosecution ,,exhibit #ef ,,letter ,,from ,,rascher ,,to ,,himmler1 #af ,,april #aidb1 ,,reporting ,,on ,,high-,,altitude ,,experiments ,,with ,,fatal ,,results ,,and ,,on ,,experiments ,,conducted ,,together ,,with ,,romberg ,munich1 ,trogerstrasse #ef1 #af ,april #aidb ,highly esteemed ,reich ,leader3 ,may ,i thank you for your letter of #ac ,april4 ,i am delighted with the great interest which you1 highly esteemed ,reich ,leader1 are taking in the experiments and their results4 ,i thank you for the inspiration you have given me in your letter4 ,the experiment described in the report of #d ,april was repeated four times1 each time with the same results4 ,when ,wagner1 the last test person had stopped breathing1 ,i let him come back to life by increasing pressure4 ,since test person 8,w 4 4 40 was assigned for a terminal#bc experiment1 as a repeated experiment held no prospect of new results1 and since ,i had not been in possession of your letter at that time1 ,i subsequently started another experiment through which ,test ,person ,wagner did not live4 ,also in this case the results obtained by electrocardiographic registration were extraordinary4 ,in accordance with your orders1 ,i tried to contact ,dr4 ,fahrenkamp immediately upon receipt of your letter4 ,however1 ,i could not speak to him since he is laid up with angina4 ,in a few days ,i shall ask again if ,dr4 ,fahrenkamp is available4 ,meanwhile1 at times together with ,dr4 ,romberg1 ,i have carried out falling experiments from heights of from #af to #bj kilometers4 ,there1 contrary to theoretical assumptions1 it was proved that falling through space after jumping from an airplane in the stratosphere 7pressure cabinplane7 is quite possible1 as after severe unconsciousness the test person regained complete consciousness in each case1 at between #g and #h kilometers height when the parachute lever1 installed in the chamber1 was pulled4 ,within the next few days1 ,i shall report at length on these experiments as well as on the above-mentioned ,test ,person ,wagner4 ,i also have a request to make3 ,may ,i take pictures of the various dissection preparations in the dissecting room of the concentration camp to make a record of the strange formations of air embolism8 ,in this connection1 my wife has already written to ,,ss ,sturmbannfuehrer ,dr4 ,brandt4 ,highly esteemed ,reich ,leader1 allow me to close by assuring you that your active interest in these experiments has a tremendous influence on one's working capacity and initiative4 ,i am with devoted greeting and ,heil ,hitler6 ,yours gratefully devoted ,signed ,s4 ,,rascher ,,translation ,,of ,,document ,,no-#bfd ,,prosecution ,,exhibit #fj ,,file ,,note ,,for ,,ss ,,obersturmfuehrer ,,schnitzler1 #bh ,,april #aidb ,frau ,rascher was here today in the office and stated the following to me for you in a few words3 ,oberstabsarzt ,dr4 ,weltz still insists on participation in the experiments and on full responsibility4 ,if not1 the assignment of ,dr4 ,rascher to the ,weltz ,institute must be changed4 ,weltz personally is not interested in these experiments4 ,,rlm ,the ,reich ,air ,ministry asks ,oberstabsarzt ,dr4 ,weltz how long the experiments will last and whether it is justifiable to detail a medical officer for so long a time4 ,,rlm demands from ,weltz an opinion on the experiments which he1 however1 cannot give1 unless he is fully informed about them4 ,weltz will be in ,berlin with ,generaloberstabsarzt ,hippke on ,friday4 ,weltz demands a statement by ,friday as to whether he should consider himself as still participating in the experiments1 or whether it is requested that he should not participate in the experiments4 ,the assignment of ,dr4 ,rascher must immediately be changed to 8,assignment to ,aviation ,test ,institute ,berlin--,adlershof1 ,dachau ,branch0 7not ,weltz ,institute71 because ,weltz--as he stated--intends to cancel the assignment immediately1 if he is not to participate in it4 ,for personal confidential information ,dr4 ,weltz confidentially informed ,dr4 ,rascher that there is great mistrust against him in the ,,rlm because of the experiments 7,,ss membership72 there is also animosity in the air force administrative command 7,luftgau7 ,munich for this reason4 ,munich1 #bh ,april #aidb4 ,gr4 ,,translation ,,of ,,document ,,no-#bbj ,,prosecution ,,exhibit #fa ,,letter ,,from ,,rascher ,,to ,,himmler1 #aa ,,may #aidb1 ,,and ,,secret ,,report ,,concerning ,,high-,,altitude ,,experiments ,sigmund ,rascher ,m4 ,d4 ,munich1 ,trogerstrasse #ef1 #aa ,may #aidb ,highly esteemed ,reich ,leader3 ,enclosed ,i am forwarding a short summary on the principal experiments conducted up to date4 ,a detailed report on the practical as well as the theoretical results will take some more time4 ,i shall hurry4 ,since the material has to be processed the exploitation of the pathological preparations will take about year though the ,kaiser ,wilhelm ,institute for ,brain ,research will help us1 ,i hope4 ,tonight ,i succeeded in seeing ,dr4 ,fahrenkamp who has relatively recovered4 ,he appeared to be very interested and ,i think there will be a fine and fruitful cooperation4 ,dr4 ,fahrenkamp who has an enormous knowledge most amiably promised to help me in everything4 ,he will give to you himself his opinion on my heart experiments4 ,from our conversation ,i have had the impression that a great field of work will open up to me yet4 ,i thank you1 highly esteemed ,reich ,leader1 for having opened these opportunities to me to such an extent4 ,unfortunately1 the extension of my assignment has not been settled yet2 in accordance with the present regulations1 my assignment will be terminated on #ae ,may4 ,thanking you again1 ,i am with most obedient greetings and ,heil ,hitler6 ,yours gratefully1 ,signed ,s4 ,,rascher ,munich1 #aa ,may #aidb ,,secret ,,report ,based on results of experiments which up to now various scientists had conducted on animals only1 the experiments in ,dachau were to prove whether these results would maintain their validity on human beings4 #a4 ,the first experiments were to show whether the human being can gradually adapt himself to higher altitudes4 ,some #aj tests showed that a slower ascent without oxygen taking from #f to #h hours kept the functions of the senses of the various ,,vp's ,versuchspersonen--human experimental subjects fully normal up to a height of #h1jjj meters4 ,within #h hours several ,,vp's had reached a height of #i4e kilometers without oxygen when bends occurred suddenly4 #b4 ,normally it is impossible to stay without oxygen at altitudes higher than #f kilometers4 ,experiments showed however that after ascent to #h1jjj meters without oxygen1 bends combined with unconsciousness lasted only about #be minutes4 ,after this period the ,,vp's had mostly become accustomed to that altitude2 consciousness returned1 they could make knee bends1 showed a normal electrocardiograph and were able to work 7#fj to #gj percent of the cases examined74 #c4 ,descending tests on parachutes 7suspended7 without oxygen4 ,these experiments proved that from #ad kilometers on down severest bends occurred which remained until the ground was reached4 ,the detrimental effects caused by these experiments manifested themselves at the beginning as unconsciousness1 and subsequently as spastic and limp paralysis1 catotomy1 stereotypy1 and as retrograde amnesia lasting several hours4 ,about #a hour after the end of the experiment the ,,vp's for the most part were still disoriented as to time and locality4 ,the blood picture often showed a shift to the left2 albumen and red and white blood corpuscles were regularly found in the urine after the experiment2 cylinders were sometimes found4 ,after several hours or days the blood and urine returned to normal4 ,the changes of the electrocardiograph were reversible4 ,contrary to descending tests on parachutes without oxygen1 descending tests with oxygen were carried out from heights up to #ah kilometers4 ,it was proved that on the average the ,,vp's regained the normal function of their senses at #ab to #ac kilometers4 ,no disturbances of general conditions occurred during any of these experiments4 ,brief unconsciousness at the beginning of the experiment caused no lasting disturbances4 ,urine and blood showed only a slight change4 #d4 ,as the long time of descent on parachutes1 under actual conditions1 would cause severe freezing even if no detrimental effects were caused by lack of oxygen1 ,,vp's were brought by sudden decreases in pressure with a cutting torch from #h to #bj kilometers1 simulating the damage to the pressure-machine of the high-altitude airplane4 ,after a waiting period of #aj seconds1 corresponding to stepping out of the machine1 the ,,vp's were made to fall from this height with oxygen to a height where breathing is possible4 ,the ,,vp's awoke between #aj and #ab kilometers and at about #h kilometers pulled the parachute lever4 #e4 ,in experiments of falling from the same height without oxygen1 the ,,vp's regained normal function of their senses only between #b and #e kilometers4 #f4 ,experiments testing the effect of pervitin on the organism during parachute jumps1 proved that the severe after-effects1 as mentioned under ,no4 #c1 were considerably milder4 ,the ability to withstand the conditions at high altitudes was only slightly improved1 while the bends1 since they were not noticed1 occurred suddenly 7restraint-loosening effects of pervitin74 #g4 ,dr4 ,kliches1 of the ,charles ,university in ,prague1 reports in the publication of the ,reich ,research ,council3 8,by prolonged breathing of oxygen1 human beings should theoretically be kept fully fit up to #ac kilometers4 ,in practice1 the limit is around #aa kilometers4 ,experiments which ,i carried out in this connection proved that with pure oxygen no lowering of the measurable raw energy 7ergometer7 was noticeable up to #ac4c kilometers4 ,the ,,vp's merely became unwilling since pains of the body cavities grew too severe1 due to the lowering of pressure between body and thin air4 ,when pure oxygen was inhaled bends occurred in all #be cases only at heights above #ad4b kilometers40 ,as practical result of the more than #bjj experiments conducted at ,dachau1 the following can be assumed3 ,flying in altitudes higher than #ab kilometers without pressure-cabin or pressure-suit is impossible even while breathing pure oxygen4 ,if the airplane pressure-machine is damaged at altitudes of #ac kilometers and higher1 the crew will not be able to bail out of the damaged plane themselves since at that height the bends appear rather suddenly4 ,it must be requested that the crew should be removed automatically from the plane1 for instance1 by catapulting the seats by means of compressed air4 ,descending with opened parachute without oxygen would cause severe injuries due to the lack of oxygen1 besides causing severe freezing2 consciousness would not be regained until the ground was reached4 ,therefore the following is to be requested3 #a4 ,a parachute with barometrically controlled opening4 #b4 ,a portable oxygen apparatus for the jump4 ,for the following experiments ,jewish professional criminals who had committed race pollution were used4 ,the question of the formation of embolism was investigated in #aj cases4 ,some of the ,,vp's died during a continued high-altitude experiment2 for instance1 after one-half hour at a height of #ab kilometers4 ,after the skull had been opened under water an ample amount of air embolism was found in the brain vessels and1 in part1 free air in the brain ventricles4 ,to find out whether the severe psychic and physical effects1 as mentioned under ,no4 #c1 are due to the formation of embolism1 the following was done3 ,after relative recuperation from such a parachute descending test had taken place1 however1 before regaining consciousness1 some ,,vp's were kept under water until they died4 ,when the skull and the cavities of the breast and of the abdomen had been opened under water1 an enormous amount of air embolism was found in the vessels of the brain1 the coronary vessels1 and the vessels of the liver and the intestines1 etc4 ,that proves that air embolism1 so far considered as absolutely fatal1 is not fatal at all1 but that is reversible as shown by the return to normal conditions of all the other ,,vp's4 ,it was also proved by experiments that air embolism occurs in practically all vessels even while pure oxygen is being inhaled4 ,one ,,vp was made to breathe pure oxygen for #b hours before the experiment started4 ,after #f minutes at a height of #bj kilometers1 he died and at dissection also showed ample air embolism1 as was the case in all other experiments4 ,at sudden decreases in pressure and subsequent immediate falls to heights where breathing is possible1 no deep reaching damages due to air embolism could be noted4 ,the formation of air embolism always needs a certain amount of time4 ,signed ,,dr4 ,,rascher ,,partial ,,translation ,,of ,,document ,,no-#djb ,,prosecution ,,exhibit #ff ,,letter1 #bi ,,september #aidb1 ,,and ,,report1 #bh ,,july #aidb1 ,,from ,,romberg ,,and ,,ruff ,,to ,,himmler ,,concerning ,,experiments ,,on ,,rescue ,,from ,,high ,,altitudes ,german ,aviation ,research ,institute ,berlin-,adlershof1 ,rudower ,ch4 #af-be ,stamp ,secret ,to the ,reich ,leader ,,ss ,berlin ,,sw #aa ,prinz-,albrechtstr4 #h ,your ,ref4 ,your communication of ,,dvl-,ref4 ,day ,r_/,ru_/,ko #bjih_/db1 #bb ,september #aidb ,military ,secret ,re3 ,report 8,experiments on ,rescue from ,high ,altitudes0 handwritten to files ,b initial ,enclosed we submit copies ,nos4 #b1 #c1 and #d of the report 8,experiments on ,rescue from ,high ,altitudes0 for your files4 ,german ,aviation ,research ,institute per procura ,signed ,,dr4 ,,romberg ,l4 ,,ruff handwritten ,report-#c-received #b ,november ,signed ,,sievers1 ,,ss ,oberfuehrer #c enclosures ,personal ,staff ,reich ,leader ,,ss #bi ,september #aidb ,diary ,no4 #acdh_/db ,to ,,rf handwritten #aidc ,top ,secret stamp ,,experiments ,,on ,,rescue ,,from ,,high ,,altitudes4#bd ,abstract3 ,a report is to be made on experiments in which the possibility of rescue from high altitudes in the low-pressure chamber is studied4 ,experiments were made at parachute sinking speeds up to #ae km4 #di1bjj ft4 without oxygen1 and up to #ah km4 #ei1ajj ft4 with oxygen breathing1 as well as falling experiments speeds up to #ba km4 #fh1ijj ft4 altitude with and without oxygen4 ,the results with practical significance will be discussed below4 ,organization3 ,i4 ,introduction and statement of the problem4 ,,ii4 ,procedure of the experiment4 ,,iii4 ,results of the experiment4 #a4 ,descending experiments without ,o#b breathing4 #b4 ,descending experiments with ,o#b breathing4 #c4 ,falling experiments without ,o#b breathing4 #d4 ,falling experiments with ,o#b breathing4 ,,iv4 ,discussion of the results4 ,v4 ,conclusions from the results4 ,,vi4 ,summary4 ,bibliography4 ,the report includes #bh pages with #c figures and #f tables4 ,german ,aviation ,research ,institute ,for the ,institute signed3 ,l4 ,,ruff ,the ,authors3 ,draft copy signed by ,,dr4 ,,rascher ,stabsarzt der ,lw4 signed ,,dr4 ,,romberg4 ,berlin1 ,adlershof1 #bh ,july #aidb4 ,rf #dja_/bj page #b of original ,i4 ,introduction and ,statement of the ,problem ,it is theoretically possible for man to reach as high altitude as he may wish in an aircraft with a pressure cabin4 ,however1 the question must be settled as to what results or effects the destruction of the pressure cabin will have upon the human being1 who in such cases is exposed in a few seconds to the low air pressure and thereby to the lack of oxygen1 which is characteristic of high altitude4 ,of particular practical interest is the question from what altitudes and by what means the safest rescue of the crew can be made4 ,in the work at hand1 a report is presented on experiments in which the various possibilities of rescue were studied under special experimental conditions4 ,since the urgency of the solution of the problem was evident1 it was necessary1 especially under the given conditions of the experiment1 to forego for the time being the thorough clearing up of purely scientific questions4 ,,ii4 ,procedure of the ,experiment ,the experiments were carried on in a portable low-pressure chamber with equipment for explosive decompression4 ,the performance of this apparatus limited the highest altitude attainable to about #ba1jjj meters #fh1ijj feet4 ,in this experimental series1 which was to clarify the possibilities of rescue from high altitudes1 the experiments1 simulating actual conditions1 were carried out in such a way that rescue with parachute unfolded 7designated as descending experiments7 and with parachute folded 7designated as falling experiments7 were studied sometimes with and sometimes without oxygen breathing4 ,since the altitude or posture of the body is of essential significance for the demands made by the lack of ,o#b on the circulation1 the experiments were carried out in sitting and prone positions2 and1 in descending experiments1 in a suspended page #c of original position in a parachute harness corresponding to the actual position4 ,for purposes of demonstration certain of the experiments were recorded on film4 ,electrocardiograms were made of several experiments in the experimental series4 ,oxygen was breathed out of the customary low-pressure apparatus with continuous flow at altitudes over #aj km4 #cb1hjj ft44 ,the following experimental sequence was chosen3 #a4 ,descending experiments without ,o#b breathing4 #b4 ,descending experiments with ,o#b breathing4 #c4 ,falling experiments without ,o#b breathing4 #d4 ,falling experiments with ,o#b breathing4 ,the sinking and falling times which were used in the experiments are tabulated in figures #a and #b4 ,figure #b not reproduced4 ,,iii4 ,results of the ,experiments #a4 ,sinking experiments without oxygen breathing ,since a thoroughly dependable parachute oxygen apparatus is not yet generally available1 experimental tests were made to determine from what altitudes a rescue with open parachute without oxygen is possible4 ,therefore1 sinking experiments were carried out in which the mask was taken off after ascent with ,o#b 7for speed of ascent of the chamber see fig4 #a71 and1 after a waiting period of #aj seconds the sinking was begun4 ,in the experiment no altitude sickness occurred at #i km4 #bi1ejj ft4 as was expected4 ,in the sinking experiments1 from #aj km4 #cb1hjj ft4 altitude1 typical altitude sickness occurred after about #b minutes1 i4 e41 at an altitude of about #h4f km4 #bh1bjj ft41 which was indicated by a very pronounced scrawling in the writing test4 ,however1 no loss of consciousness occurred4 7,kloos' writing test47 page #g of original ,the experiments from #ab to #ae km4 altitude were made partly during suspension in a parachute harness1 partly in a sitting position1 and partly in a prone position4 ,these experiments show that the body attitude has a very essential influence on the tolerance for a high degree of lack of oxygen4 ,since1 besides this1 every bodily exertion is of great importance1 in one portion of the experiments six knee bends were made by the subject during the waiting period before beginning the descent4 ,these six knee bends consisted of three knee bends while breathing oxygen followed by deep inhaling and holding of the breath1 and then three more knee bends without oxygen breathing4 ,this procedure was chosen in order not to neglect the bodily work involved in an actual parachute jump4 ,the descending experiments from #ab km4 #ci1djj ft4 altitude yielded the following average times3 ,table #a ,descending experiment ,unconsciousness ,recovery of consciousness from #ab km4 #ci1djj ft4 after-- after-- ,sitting without knee bends #aci #aj4he km4 #fch #g4de km4 #ce1fjj ft44 #bd1ddj ft44 ,sitting after #f knee bends #ee #aa4d km4 #fee #g4be km4 #cg1djj ft44 #bc1ghf ft44 ,suspended in parachute #cg #aa4fe km4 #gdj #f4gg km4 harness #ch1bbj ft44 #bb1bab ft44 ,it is to be noted in connection with the stated time and altitude values that the beginning of unconsciousness1 or of the recovery1 was calculated from the withdrawal of oxygen1 while in most experiments the sinking or free fall was begun at the expiration of the #aj-second waiting period4 ,since in addition to this the stages of altitude were read off at the moment of unconsciousness1 small variations from the times given in figs4 #b and #c not reproduced are possible page #h of original since1 especially in the falling experiments1 variations occurred because of the somewhat crude valve control4 ,these variations1 however1 are small and may be overlooked since in any case the fall and sinking time under practical conditions are dependent on the flying attitude at the moment of the leap from the catapult seat4 ,in addition to this1 the calculated fall and sinking time are influenced to a high degree under actual conditions by weight and air resistance4 ,it should be kept in mind in regard to the experiments conducted in the sitting position that the subjects fell over at the beginning of unconsciousness and so passed the critical time of greatest load on the circulatory system in a prone position1 while those suspended in the parachute harness remained throughout the experiment in a vertical position1 the most unfavorable position for loading the circulatory system4 ,illustration3 ,figure #a4 ,speed of ascent in the portable low-pressure chamber4 ,in the writing test shown above not reproduced the occurrence of altitude sickness in a sinking experiment for #ab km4 #ci1djj ft4 altitude is shown in this manner3 ,for example1 after #a minute and #bj seconds at #aa km4 #cf1ajj ft4 altitude1 the writing is interrupted because of sudden altitude sickness with unconsciousness1 and is resumed after #d minutes at an altitude of #h4h km4 #bh1hgj ft41 with erroneous writing4 ,at #h4c km4 #bg1bcj ft4 altitude the writing becomes free of errors4 ,this is worthy of special attention because in this case a person has fully recovered mentally at an altitude of #h4c km4 #bg1bcj ft41 after #c minutes of the most severe lack of oxygen1 while in altitude endurance experiments at this altitude severe altitude sickness sets in after about #c minutes4 ,here we are dealing with a process which in any case is very favorable but which is not yet entirely clear and which was already observed in earlier experiments of parachute jumps from great altitudes4 ,still1 it appears from this that a rather long oxygen lack at altitudes up to #ac km4 does not present any great strain in page #ab of original the sense of using the last reserves1 but1 on the contrary1 the human organism seems to react to this loading with a certain increase in resistance to altitude4 ,in descending experiments from #ac km4 #db1gjj ft4 altitude the waiting time of #aj seconds was retained1 but on the other hand exertion in the form of knee bends was omitted since technical difficulties interfered with this procedure4 ,the experiments involving suspension could be done only in the large low-pressure chamber1 since suspension was impossible in the small low-pressure chamber for reasons of space4 ,therefore1 the ascent to #ac km4 #db1gjj ft4 altitude was carried out slowly in the main chamber 7without explosive decompression7 so that when #ac km4 #db1gjj ft4 was reached a certain oxygen lack existed4 ,with this oxygen lack the knee bends would have presented a great burden which would have falsified too greatly the results of the experiment4 ,the same conditions were also given in further experiments at higher altitudes in the main chamber4 ,for this reason1 the #ac km4 #db1gjj ft4 descending experiments were carried out partly in the sitting position1 partly in the sitting position strapped in1 and partly suspended4 ,they yielded the following average data3 ,table #b ,descending experiment ,unconsciousness ,recovery of consciousness from #ac km4 #db1gjj ft4 after-- after-- ,seated 7lying during #ej #ab4d km4 #h #ab #g4b km4 unconsciousness7 #dj1fgb ft44 #bc1fbj ft44 ,seated strapped in #ce #ab4f km4 #aj #cj #e4he km4 #da1cdj ft44 #ai1aij ft44 ,suspended #bj #ab4h km4 #ai #a4f km4 #da1ihj ft44 #e1bej ft44 page #ac of original ,since in unfavorable cases in these experiments1 namely while suspended1 recovery of consciousness did not occur until #a4f km4 #e1bej ft4 altitude1 it had to be concluded that in jumps from altitudes over #ac km4 #db1gjj ft41 recovery of consciousness would follow only after #j km41 which would mean that in an actual situation the landing would be made in an unconscious condition4 ,this raised the question of a safe means of rescue4 ,descending experiments were made in larger numbers from #ae km4 altitude1 since it became evident that at this altitude the approximate limits for what was possible in emergencies had already been reached or essentially surpassed4 ,after an ascent made as rapidly as possible1 using oxygen apparatus with free flow1 the mask was removed immediately upon attaining #ae km4 #di1bjj ft4 altitude and the descent was begun4 ,since the results of these descending experiments were very typical and especially impressive it is necessary to present one of these experiments in detail4 ,the record of an experiment is represented as follows3 #ae km4 #di1bjj ft4 ,lets the mask fall1 severe altitude sickness1 clonic convulsions4 #ad4e km4 #dg1efj ft4 #cj sec4 ,opisthotonus4 #ad4c km4 #df1ijj ft4 #de sec4 ,arms stretched stiffly forward2 sits up like a dog 78,pfoetchenstellung071 legs spread stiffly apart4 #ac4g km4 #dd1iej ft4 #a min4 #bj sec4 ,suspended in opisthotonus4 #ac4b km4 #dc1caj ft4 #a min4 #ej sec4 ,agonal convulsive breathing4 #ab4b km4 #dj1jcj ft4 #c min4 ,dyspnea1 hangs limp4 #g4b km4 #bc1fbj ft4 #aj min4 ,uncoordinated movements with the extremities4 #f km4 #ai1fij ft4 #ab min4 ,clonic convulsions1 groaning4 #e4e km4 #ah1jdj ft4 #ac min4 ,yells loudly4 page #ad of original #b4i km4 #i1ebj ft4 #ah min4 ,still yelling1 convulses arms and legs1 head sinks forward4 #b-j km4 #f1efj-j ft4 #bj-bd4e min4 ,yells spasmodically1 grimaces1 bites his tongue4 #j km4 ,does not respond to speech1 gives the impression of someone who is completely out of his mind4 #e min4 7after reaching ground ,reacts for the first time to vocal level74 stimulation4 #g min4 ,attempts upon command to arise1 says in stereotyped manner3 8,no1 please04 #i min4 ,stands up on command2 severe ataxia2 answers to all questions3 8,just a minute04 ,tries spasmodically to recall his birth date4 #aj min4 ,typical stereotypes of attitude and movement 7catatonia72 mumbles number to himself4 #aa min4 ,holds his head turned convulsively to the right2 tries repeatedly to answer the first question concerning his birth date4 #ab min4 ,questions of the subject3 8,may ,i slice something80 7,note3 ,in civilian work he was a delicatessen clerk47 8,may ,i pant1 will it be all right if ,i inhale80 ,breathes deeply1 then says1 8,all right1 thank you very much40 #ae min4 ,on being ordered to walk1 steps forward and says3 8,all right1 thank you very much04 #ag min4 ,gives his name2 says he was born in #aibh 7born #a ,november #aijh74 ,experimenter asks3 8,where80 8,something #aibh0 8,profession80 8#bh--aibh04 #ah min4 8,may ,i inhale80 8,yes40 8,i am content with that40 #be min4 ,still the question continues3 8,pant80 #bh min4 ,sees nothing2 runs against open window sash upon which the sun is shining1 so that large lump is formed on his forehead2 says3 8,excuse me please40 ,no expression of pain4 page #ae of original #cj min4 ,knows his name and place of birth4 ,upon being asked for the day's date3 8#a ,november #aibh04 ,shivering of the legs2 stupor continues2 cannot be frightened by the report of a shot4 ,dark objects are still not discerned2 subject bumps against them4 ,is aware of bright light2 knows his profession2 spacially disoriented4 #cg min4 ,reacts to pain stimuli4 #dj min4 ,begins to observe differences4 ,falls continually into his previous speech stereotypes4 #ej min4 ,spacially oriented4 #ge min4 ,still disoriented in time2 retrogressive amnesia over #c days4 #bd hours ,normal condition again attained2 has no recollection of the experiment itself4 ,the events of the descending experiments from #ae km41 as shown here through this example1 repeated themselves in a similar way in all the rest of the experiments4 ,the average data from #bj experiments with #ae different subjects are as follows3 ,table #c ,clear #ae km4 ,unconsciousness ,subconscious awakening consciousness #dg1bjj ft4 after-- movements at #j km4 ,suspended #af #ad4g km4 #bj #a4h km4 #dh1bbj ft44 #e1iaj ft44 #ah-ij ,lying #bj #ad4f km4 #ad #e km4 #ae-hj #dg1hij ft44 #af1djj ft4 ,unconsciousness after discontinuation of oxygen occurs following a short motor restlessness with severe altitude sickness1 whereupon light spasmodic and then very severe tonic convulsions follow in a condition of complete unconsciousness4 ,these tonic convulsions lasting virtually a minute are followed rather suddenly by a phase of complete page #af of original flacidity with a drop in breathing rate and transition to convulsive breathing with #c to #d breaths per minute until complete cessation of breathing of #de seconds duration 7post-hypoxemic pseudo-death--,lutz74 ,then follows a period of improvement in breathing1 until the first subconsciousness movements announce the gradual recovery of consciousness1 during which1 nevertheless1 the higher mental functions are temporarily entirely absent4 ,further recovery proceeds slowly during the course of the following to #a hours as may be seen from the above case record4 ,during the time of complete unconsciousness1 there was defecation and urination in the case of most subjects1 increased salivation and1 in some cases1 vomiting4 ,here we obviously have the conditions which ,lutz and ,wendt in their animal experimentation which is referred to in greater detail later found in falling experimentation with ,o#b breathing and designated as 8post-hypoxemic twilight state0 78,posthypoxaemischen ,daemmerzustand07 since we are dealing with a slow recovery of consciousness1 especially also in view of the mental behavior of the experimental subjects4 ,the post hypoxemic pseudo-death observed by ,wendt and ,lutz was not found in any experiments in the form which they had observed4 ,the severe condition described above we could designate as hypoxemic pseudo-death only because it was limited to the period of the most severe ,o#b lack 7on the average1 between #ac4c and #ab4c km474 ,in spite of the relatively large number of experiments1 the actual cause of the severe mental disturbances and bodily failures 7paralysis1 blindness1 etc47 attendant upon post-hypoxemic twilight state remains something of a riddle4 ,it appeared often as though the phenomena of pressure drop sickness had combined with the results of severe oxygen lack4 ,in this connection1 the subjective accounts made by the authors in two experiments each were interesting4 ,in the case of ,ro4 during a half hour stay at #ab km4 #ci1djj ft4 with oxygen1 page #ag of original only the usual pains attendant with bends occurred4 ,in a further experiment with a stay of #dj minutes duration at an altitude of between #ac #db1fej ft4 and #ac4e km4 #dd1bij ft4 there developed very gradually a condition of weakness1 combined with a peculiar headache1 which then led to a considerable slackening of strength in the arms and hands4 ,as a result of this1 ,ro4 could no longer hold the breathing mouthpiece 7for special reasons in these experiments1 ,ro4 had to breathe with a mouthpiece and nose clamp7 so that it slid out of his mouth4 ,all these phenomena were still clearly observed by ,ro4 ,ra4 returned the mouthpiece to ,ro4 ,however at this point ,ro4 failed rather suddenly with paleness1 strong cyanosis of the lips and complete unconsciousness4 ,after ,ro4 had regained clear consciousness through descent and sufficient ,o#b breathing1 he determined the existence in himself of a complete paralysis of the legs1 weakness of the arms and severe disturbances of vision4 ,these serious disturbances developed although the time of oxygen lack and unconsciousness had lasted only about #e seconds4 ,following descent soon after this to #j km41 the paralysis of the legs continued for about #e minutes more and the very severe visual disturbances only cleared up after #b hours4 ,while this episode of ,ro4's occurred in an experiment at a special altitude1 the disturbances occurred in ,ra4 at an altitude of between #ab #ci1djj ft4 and #ac km4 #db1gjj ft4 while he was breathing sufficient oxygen with a mask and continuous flow into the circuit4 ,after #aj minutes stay at this altitude1 pains began on the right side with a spastic paralytic condition of the right leg which increased continually as though ,ra4's whole right side were being crushed between two presses4 ,at the same time there were most severe headaches as though the skull were being burst apart4 ,the pains became continually more severe so that at last the discontinuation of the experiment became necessary4 ,the pains disappeared when ground level was reached while the disturbances of the right leg continued about #e minutes more4 ,shortly before the page #ah of original second experiment1 ,ra4 took two tablets of 8,antineuralgica0 7a coal tar derivative7 and two tablets of pervitin4 ,in the course of the experiments there occurred only light pains in the right arm and leg1 moderate headaches1 but a very severe uncontrollable urge to cough1 actually less severe difficulties than in the foregoing experiment1 although this one was made at #a1jjj m4 #c1bhj ft4 higher4 ,ro4 experienced disturbances which in quality resembled the severe disturbances in the #ae km4 #di1bjj ft4 sinking experiment1 although the degree of oxygen lack in this experiment was negligible in comparison to the #ae km4 #di1bjj ft4 experiment1 so that the idea of a combination of pressure drop phenomena with the phenomena of oxygen lack is definitely suggested4 #b4 ,descending experiments with ,o#b breathing ,since obviously the utmost limits of these experiments had been reached with the descending experiments from #ae km4 #di1bjj ft4 without oxygen breathing1 descending experiments with oxygen breathing were conducted from greater heights4 ,in the experiments1 the following experimental procedure was chosen3 ascent to #h km4 #bf1cjj ft41 remaining there #e to #aj minutes with oxygen breathing2 then turning on the oxygen blower explosive decompression to a predetermined altitude2 #aj seconds waiting time 7experiments from #ag #ee1hjj ft4 and #ah km4 #ei1ajj ft41 altitude without waiting time7 and descent at sinking speed4 ,in order to imitate the perpendicular body position as occurs in suspension in a parachute harness1 the experimental subjects had to stand during the experiments since suspension was not possible in the small decompression chamber4 ,in the descending experiments from #ae km4 #di1bjj ft4 altitude there was no altitude sickness or only a slight temporary kind4 ,in the further descending experiments1 the following results were obtained 7,table #d73 page #ai of original ,table #d4--;,descending experiments with oxygen breathing ,unconsciousness ,from-- ,recovery of after-- consciousness after-- #bc sec4 #ae4ge km4 #af km4 #eb1ejj ft4 #b min4 #ce sec4 #ac4ee km4 #ea1ffj ft4 #dd1dfj ft4 #aj sec4 #af4h km4 #ag km4 #ee1hjj ft4 #c min4 #ej sec4 #ac km4 #ee1abj ft4 #db1gjj ft4 #g sec4 #ag4i km4 #ah km4 #ei1ajj ft4 #aj min4 #ce sec4 #h4e km4 #eh1gdj ft4 #bg1hij ft4 ,thus it was shown that unconsciousness developed relatively early in spite of oxygen breathing1 while the following convulsive stage ran its course in a much less severe form than in the experiments without oxygen breathing4 ,primarily spasmodic convulsions with only occasionally light tonic convulsions developed4 ,breathing paralysis never set in and upon recovery of consciousness the experimental subjects were again completely in control of themselves4 ,the markedly quick development of unconsciousness was caused by the fact that the subjects were standing during the experiments 7to be considered in comparison with the corresponding times in the falling experiments with oxygen breathing74 ,descending experiments from still greater altitudes were not undertaken1 since in practice there is no need to escape from such altitudes with open parachute and thus to expose oneself to the danger of severe freezing4 #c4 ,falling experiments without oxygen ,since the results of falling experiments from #ab km4 altitude were known from earlier experimentation and indeed descending experiments up to #ae km4 #di1bjj ft4 without oxygen had been conducted within the scope of this work1 falling experiments were begun at an altitude of #ad km4 #de1ijj ft41 in order not to increase unnecessarily the number of experiments4 page #bj of original ,the ascent preceded by explosive decompression from #h to #ad and #ae km4 altitude1 in which the ascent to #h km4 was made with oxygen and the explosive decompression with continuous flow1 followed after #e to #aj minutes waiting time4 ,after the removal of the oxygen mask directly in connection with the explosive decompression1 five knee bends were made during the waiting period of #aj seconds1 then descent at free fall speed4 ,during the explosive decompression the oxygen supply was interrupted from the outside4 ,the results of these experiments were 7,table #e73 ,table #e4--;,falling experiments without ,o#b breathing ,unconsciousness ,from-- ,recovery of consciousness after-- after-- #cj sec4 #ac4b km4 #ad km4 #fe sec4 #i4g km4 #dc1caj ft4 #de1ijj ft4 #ca1hcj ft4 #bh sec4 #ad4c km4 #ae km4 #if sec4 #g4f km4 #df1ijj ft4 #di1bjj ft4 #bd1idj ft4 ,the further experiments up to #bj km4 #fe1fjj ft4 altitude were made with the same procedure as those up to #ae km4 #di1bjj ft41 although without knee bends during the waiting period of #aj seconds1 since unconsciousness would have occurred too soon as a result of the knee bends and the experimenters had become convinced that rescue from these altitudes would have to be brought about by abandonment of the aircraft without bodily exertion 7catapult seat74 7,table #e--;,continued7 ,unconsciousness ,from-- ,recovery of consciousness after-- after-- #cb sec4 #ad4g km4 #af km4 #aah sec4 #f4f km4 #dh1bbj ft4 #eb1ejj ft4 #ba1fej ft4 #bg sec4 #ae4i km4 #ag km4 #abf sec4 #f4c km4 #eb1aej ft4 #ee1hjj ft4 #bj1ffj ft4 page #ba of original ,unconsciousness ,from-- ,recovery of consciousness after-- after-- #bc sec4 #ag km4 #ah km4 #aef sec4 #d4f km4 #ee1hjj ft4 #ei1ajj ft4 #ae1jij ft4 #bj sec4 #ah4e km4 #ai km4 #agc sec4 #c4g km4 #fj1gjj ft4 #fb1cjj ft4 #ab1adj ft4 #ag sec4 #ai4ge km4 #bj km4 #agh sec4 #c4b km4 #fa1ebj ft4 #fe1fjj ft4 #aj1ejj ft4 #ae sec4 #bj4hge km4 #ba km4 #a min41 #aj sec4 after #fh1dij ft4 #fh1ijj ft4 reaching #j m4 ,from #ba km4 #fh1ijj ft4 altitude only one experiment was made in this series1 just as in the falling experiments1 with oxygen breathing since the pumps achieved the evacuation of the main chamber necessary for a pressure drop to #ba km4 altitude only after hours of overloading and the fact that the mercury barometer used in these experiments had its limit of measurement at this altitude4 ,the two experiments were considered only as an orientation on the behavior of the human organism at this altitude at which the ebullition point of the blood had already been far surpassed4 ,a systematic working over of these altitudes must be carried on with perfected measuring instruments and a two-stage pump aggregate in a new experimental series4 ,the result of this falling experiment from #ba km4 altitude was made unreliable through the fact that the subject experienced a paralysis of breathing from #aa to #g km41 through which his recovery was doubtless greatly delayed4 ,however1 no permanent damage occurred4 #d4 ,falling experiments with oxygen breathing ,falling experiments with oxygen breathing were undertaken only in small numbers for crude orientation for the following reasons3 ,the altitude page #bb of original was limited by the available equipment to a maximum of #ba km4 #fh1ijj ft41 but indeed from this altitude falling experiments without oxygen breathing had already been profitably carried out4 ,it is self-evident that oxygen breathing during parachute jumps from such extreme altitudes greatly increases in any case the chances of success of the jump and1 therefore1 is to be unconditionally demanded4 ,for that reason it devolved upon the experimenters only to determine to what degree the results of the experiments are influenced by oxygen breathing1 especially in regard to the recovery of consciousness1 which1 of course1 followed without oxygen only at relatively low altitudes4 ,as was to be expected1 these experiments showed clearly the favorable effect of oxygen breathing4 7,table #f73 ,table #f4--;,falling experiments with oxygen breathing ,unconsciousness ,from-- ,recovery of consciousness after-- after-- #ba sec4 #ai4e km4 #bj km4 #hg sec4 #aj4ee km4 #fc1ihj ft4 #fe1fjj ft4 #cd1fbj ft4 #ae sec4 #bj4hge km4 #ba km4 #fj sec4 #ab4i km4 #fh1dij ft4 #fh1ijj ft4 #db1cbj ft4 ,the astonishing value of #fj seconds #ab4i km4 #db1cbj ft4 for the recovery of consciousness in the #ba km4 #fh1ijj ft4 experiment is explained on the basis that this value was obtained from a single experiment with one subject1 who had shown himself in numerous other experiments to be especially resistant to altitude4 ,on the other hand the #bj km4 #fe1fjj ft4 values are the average of a series of experiments4 ,,iv4 ,discussion of the ,results ,the descending experiments without oxygen show that the limit for a safe escape with an open parachute lies approximately at a jumping altitude of #ac km4 #db1gjj ft41 since in a jump from #ac km4 #db1gjj ft4 recovery of consciousness occurred only at an altitude of #a4f km4 #e1bej ft41 and so one must already consider the possibilities of landing in an unconscious condition with all the attendant dangers4 ,this still does not take into account the heavy demands made on the body by the cold and the consequent risk4 ,the great effect of the body position during the experiment makes it obvious how severe is the effect of every additional demand4 ,while1 for example1 in the #ac km4 #db1gjj ft41 experiment upon a seated subject1 recovery of consciousness took place after #h minutes #ab seconds at an altitude of #g4b km4 #bc1fbj ft41 the suspended subjects recovered consciousness only after #ai minutes at #a4f km4 #e1bej ft4 altitude4 ,correspondingly also1 unconsciousness occurred in the suspended subjects much more rapidly than in those who were seated4 ,the same observation was made in the #ae km4 #di1bjj ft4 experiments1 and indeed those who went through the experiment lying down could already state name and birth date immediately upon reaching ground level although they were paralyzed1 while those who had been suspended did not respond at all to speech within this time4 ,except for one mentally very sluggish subject1 the return of normal condition occurred much earlier to those who were lying down1 namely within #ae minutes4 ,the descending experiments extended to #ah km4 #ei1ajj ft4 altitude with oxygen breathing showed that1 except for the danger of cold1 escape with an open parachute is possible from these altitudes even though1 practically1 no need exists for it4 ,before we go into a discussion on the falling experiments it seems essential for us to cite the work of ,lutz and ,wendt on 8,animal ,experiments on ,parachute ,jumping from ,high-,pressure ,cabins40 ,unfortunately this work was not available to us during these experiments so that we could not build upon the valuable results contained in it and derived from numerous animal experiments1 or upon the experience of the authors4 ,although both authors approach with necessary scepticism the problem of 8reaching decisions through animal experimentation upon questions in page #bd of original which1 in the final analysis1 the behavior of the human being in identical situations is of exclusive interest10 they could1 and had to depend upon the previously proved experience that no fundamental qualitative differences in the manner of reaction to oxygen lack is to be expected between animals and human beings although there are considerable quantitative differences which1 in this case1 mean temporal differences4 ,however1 the results of our experiments show that to some extent quantitative as well as qualitative differences are present to the extent that the above animal experiments must lead to great fallacies which are significant to future developments4 ,this appears especially in a comparison of results obtained with animals with the collective results of human experimentation upon escape from high altitudes through free fall without oxygen4 ,on the basis of animal experiments1 ,lutz and ,wendt were forced to the conclusion that if oxygen is breathed before the pressure drop 8jumps from #ad km4 #de1ijj ft4 altitude can theoretically be survived--at any rate1 that is the maximum altitude 99 99 9910 whereas we were able to carry out human experiments up to #ba km4 #fh1ijj ft4 altitude without any harm whatever4 ,in all experiments at #bj km4 #fe1fjj ft4 the subjects recovered clear consciousness with spontaneous control above #c km4 #i1hjj ft41 and so within a sufficient altitude for actual parachute jumping4 ,as instructed before the experiment1 the subject rang a cowbell hung up in the chamber by pulling a handle 7the equivalent of pulling the rip cord7 without a new order to do so1 so that under actual conditions they would certainly have also pulled the rip cord at the right time4 ,experiments with a pressure drop from #d km4 #ac1ajj ft4 without previous breathing in of oxygen were not carried out by us because we proceeded from the viewpoint that when contact with the enemy is possible1 pressure cabin machines fly with a pressure corresponding to #h km4 #bf1bjj ft4 altitude and1 therefore1 the crews would already be breathing oxygen in case of a possible pressure drop as a result of damage to the cabin4 page #be of original ,since the falling experiments without oxygen had already given such good results1 falling experiments were begun only at #bj km4 #fe1fjj ft4 altitude1 and1 because of the limitations described above1 could be carried out only to #ba km4 #fh1ijj ft44 ,in these the results obtained by ,lutz and ,wendt were fully corroborated in this respect1 that jumps from above #ba km4 #fh1ijj ft4 can probably be made without danger1 and that ebullition of the blood does not yet take place up to #ba km4 #fh1ijj ft4 altitude4 ,on the other hand in a falling experiment with human beings1 neither a post-hypoxemic pseudo-death nor a post-hypoxemic twilight sleep were ever observed 7,lutz74 ,in conclusion1 we must make it particularly clear that1 in view of the extreme experimental conditions in this whole experimental series1 no fatality and no lasting injury due to oxygen lack occurred4 ,v4 ,conclusions from the ,results ,for practical rescues by parachute jump from the highest and higher altitudes the experiments yielded the following3 ,the parachute jump without oxygen with immediate opening of the parachute is possible up to a jumping altitude of #ac km4 #db1gjj ft42 the jump with oxygen equipment can be made at jumping altitudes up to #ah km4 #ei1ajj ft44 ,advice must be given against jumping and immediate opening of the parachute since there is considerable danger of freezing and there is no need to pull the rip cord at high altitudes4 ,however the experimental data give some indication of the chances of the parachute jumper whose parachute has become unfolded from whatever cause4 ,the jump with a free fall and opening of the parachute at low altitudes can be made without oxygen equipment up to altitudes of #bj km4 #fe1fjj ft41 with oxygen up to #ba km4 #fh1ijj ft41 and probably considerably higher4 ,in all the experiments at great height1 even in experiments with oxygen breathing1 unconsciousness occurred extraordinarily rapidly and was naturally preceded by loss of control before that4 ,in one unfavorable case of a subject in the standing position during a descending experiment with oxygen1 jumping from an altitude of #ah km4 #ei1ajj ft41 unconsciousness occurred after #g seconds4 ,one may not count on a longer time than #aj seconds before loss of control occurs at high altitudes even with the body at rest4 ,so within that time the airplane must be abandoned or at least one must activate the ejection seat4 ,the technical solution of this problem must be found through a different approach4 ,it is certain only that it will be impossible to climb out under one's own power1 that one must avoid absolutely all bodily exertion1 and that the time must be kept as short as possible4 ,rescue is still possible from very great heights2 the critical part is the abandoning of the aircraft4 ,oxygen equipment is absolutely necessary at these altitudes1 since it assures the most favorable conditions for the jump4 ,in case of failure of the equipment1 loss of the mouthpiece or other mishaps1 we still need not count upon serious disturbances or injuries up to #bj km4 #fe1fjj ft44 ,even jumps from #ba km4 #fh1ijj ft4 will go well if there is automatic opening of the parachute through barometrical control at #g to #d km4 #bc1jjj to #ac1ajj ft4 altitude4 ,the automatic opening is also essential for several other reasons3 #a4 ,in particular cases the parachute jumper is not able to regain consciousness at a sufficient altitude above the ground because of collapse or injury4 #b4 ,as a result of cold the jumper may be handicapped by immobility of his hands1 and thus be hindered in pulling the rip cord4 #c4 ,as a result of the unconsciousness resulting from anoxia1 the page #bg of original parachute jumper loses all sense of the time which has elapsed since his jump1 as was shown in all experiments1 so that it is impossible for him1 with failing eyesight1 to estimate his altitude4 ,on the other hand it is desirable1 on the basis of the reason adduced under number #c above1 that the opening of the parachute at altitudes above #g km4 #bc1jjj ft4 be prevented1 since very often the parachute jumper would pull the rip cord immediately after recovering from his altitude sickness1 which may be too soon and at too high an altitude4 ,the best conditions for explosive decompression itself and for the seconds elapsing until the appearance of altitude sickness are provided if flying is done at a cabin pressure corresponding to #h km4 #bf1cjj ft4 and with oxygen breathing4 ,since it may become necessary to abandon the aircraft for reasons other than damage to the pressure cabin1 the pressure equalization at a predetermined rate must be made possible by means of a valve4 ,in case abandonment does not appear necessary in spite of the loss of cabin pressure the danger of oxygen lack is still less with the automatic diving control mechanism than in a parachute jump1 since the dive may be made with considerably greater rate of descent4 ,,vi4 ,summary ,experiments were instituted upon the possibility of rescue from altitudes up to #ba km4 #fh1ijj ft44 ,without parachute oxygen equipment1 rescue in descending experiments is still possible from #ac km4 #db1gjj ft41 with equipment1 from #ah km4 #ei1ajj ft44 ,the danger arising from cold must be considered4 ,in falling experiments1 rescue from #ba km4 #fh1ijj ft4 altitude with and without oxygen was proved possible4 ,automatic parachute opening is necessary4 ,ebullition of the blood does not yet occur at #ba km4 #fh1ijj ft4 altitude4 page #bh of original ,oxygen must be breathed before explosive decompression4 ,abandonment must be by means of the ejection seat4 ,the dive to safe altitude offers good possibilities of rescue if abandonment of the plane is not necessary after loss of the cabin pressure4 ,bibliography ,lutz and ,wendt--8,animal ,experiments on ,parachute ,jumping from ,high-,pressure ,cabins40 ,communications in the ,field of ,aviation ,medicine1 ,research ,report #e_/db4 ,romberg--8,the ,parachute ,jump from ,great ,heights40 ,german ,aviation ,research1 ,research ,report ,no4 #adaf4 ,,translation ,,of ,,document #cdc-;,a-,,ps ,,prosecution ,,exhibit #fb ,,letter ,,from ,,milch ,,to ,,wolff1 #bj ,,may #aidb1 ,,regarding ,,continuation ,,of ,,experiments ,field ,marshal ,milch ,secret ,berlin ,w #h1 #bj ,may #aidb ,leipzigerstrasse #g ,dear ,wolffy6 ,in reference to your telegram of #ab ,may our medical inspector reports to me that the altitude experiments carried out by the ,,ss and ,air ,force at ,dachau have been finished4 ,any continuation of these experiments seems essentially unreasonable4 ,however the carrying out of experiments of some other kind1 in regard to perils at high sea1 would be important4 ,these have been prepared in immediate agreement with the proper offices2 ,major 7,m4 ,c47 ,weltz will be charged with the execution and ,captain 7,m4 ,c47 ,rascher will be made available until further orders in addition to his duties within the ,medical ,corps of the ,air ,corps4 ,a change of these measures does not appear necessary1 and an enlargement of the task is not considered pressing at this time4 ,the low-pressure chamber would not be needed for these low-temperature experiments4 ,it is urgently needed at another place and therefore can no longer remain in ,dachau4 ,i convey the special thanks from the ,supreme ,commander of the ,air ,corps to the ,,ss for their extensive cooperation4 ,i remain with best wishes for you1 in good comradeship and with ,heil ,hitler6 ,always yours ,signed ,e4 ,,milch ,,ss ,obergruppenfuehrer ,wolff ,berlin ,,sw #aa4 ,,translation ,,of ,,document #cdc-;,b-,,ps ,,prosecution ,,exhibit #gj ,,letter ,,from ,,milch ,,to ,,himmler1 #ca ,,august #aidb1 ,,acknowledging ,,receipt ,,of ,,reports ,,by ,,rascher ,,and ,,romberg ,,on ,,high-,,altitude ,,experiments ,field ,marshal ,milch ,berlin1 ,w #h1 #ca ,aug4 #aidb ,leipzigerstrasse #g ,dear ,herr ,himmler6 ,i thank you very much for your letter of #be ,august4 ,i have read with great interest the reports of ,dr4 ,rascher and ,dr4 ,romberg4 ,i am informed about the current experiments4 ,i shall ask the two gentlemen to give a lecture combined with the showing of motion pictures to my men in the near future4 ,hoping that it will be possible for me to see you on the occasion of my next visit to ,headquarters1 ,i remain with best regards and ,heil ,hitler6 ,yours1 ,signed ,e4 ,,milch ,reich ,leader ,,ss and ,chief of the ,german ,police ,himmler ,berlin ,,sw #aa4 ,,translation ,,of ,,document ,,no-#bhi ,,prosecution ,,exhibit #gb ,,letter ,,from ,,hippke ,,to ,,himmler1 #h ,,october #aidb1 ,,thanking ,,the ,,latter ,,for ,,his ,,assistance ,,in ,,high-,,altitude ,,experiments ,,in ,,dachau ,berlin ,w #h1 #h ,october #aidb ,leipziger ,str4 #g ,telephone #eb #jj #bd ,to the ,chief of the ,german ,police1 ,reich ,fuehrer ,,ss ,himmler1 ,berlin ,,sw4 #aa1 ,prinz ,albrecht ,str4 #h ,subject3 ,letter #acji_/db of #be ,august #aidb to ,state ,secretary ,milch concerning experiments for rescue from high altitudes4 ,very honored ,reich ,leader ,,ss1 ,in the name of ,german research on aviation medical problems1 ,i beg to thank you very obediently for the great help and all the interest shown in the ,dachau experiments2 these experiments form a complement which is1 for us1 of great value and importance4 ,the fact that an atmosphere with so little oxygen can be endured at all for some time is most encouraging for further research4 ,it is true that no conclusions as to the practice of parachuting can be drawn for the time being1 as a very important factor1 namely cold1 has so far not yet been taken into consideration2 it places an extraordinary excess burden on the entire body and its vital movements1 so that the results in actual practice will very likely prove to be far more unfavorable than in the present experiments4 ,in the meantime the supplementary tasks required now have been begun4 ,in part they will have to be finished only after completion of the new ,research ,institute for ,aviation ,medicine of the ,reich ,air ,ministry in ,tempelhof1 whose low-pressure chamber will include all cold generating apparatus and also an installation for producing conditions at a height of #cj kilometers4 ,freezing experiments in another direction are1 in1 part1 still being made at ,dachau4 ,when the work will need once more your sympathetic assistance1 may ,i be allowed to get in touch with you again through ,stabsarzt ,dr4 ,rascher8 ,heil ,hitler ,signed ,,prof4 ,,dr4 ,,hippke ,,translation ,,of ,,document ,,no-#bbd ,,prosecution ,,exhibit #gf ,,note ,,by ,,romberg ,,on ,,showing ,,of ,,film ,,in ,,office ,,of ,,state ,,secretary ,,milch1 ,,and ,,proposed ,,report ,,to ,,milch1 #aa ,,september #aidb ,on #aa ,september #aidb1 at #i3de o'clock1 ,stabsarzt ,dr4 ,rascher and ,dr4 ,romberg met1 according to telephonic and oral agreements with ,colonel ,pendele1 in the antechamber of the ,state ,secretary4 ,we were informed that the ,state ,secretary had ordered this conference at the present stage1 in the course of which a report on experiments concerning 8rescue from great heights0 was to be made1 and the motion picture concerning these experiments was to be shown4 ,the gentlemen waiting in the antechamber of the ,state ,secretary and in the corridor 7most of them from the experimental staff7 were informed that previous to the conference a motion picture was to be shown1 so that all went to the projection room on the fifth floor4 ,here quite a large number of people were already present1 so that #cj-dj persons were there in all4 ,among them were officers1 medical and engineer officers--we know some of them personally--some whose presence surprised us in view of the top secret nature of the motion picture and of the experiments4 ,no checking of the persons present was done1 nor was there an attendance list4 ,as1 after a short time of waiting1 the ,state ,secretary had not come1 the motion picture was shown1 without giving us an opportunity for preliminary or explanatory remarks4 ,during the intermission between the two parts of the motion picture1 ,dr4 ,rascher referred once more to the strict obligation of secrecy ordered by the ,reich ,leader ,,ss4 ,after completion of the showing of the motion picture--the ,state ,secretary had not come1 as he had been summoned to see the ,reich ,marshal ,goering--the persons present still talked a little while about the motion picture1 on which occasion less interest was shown in the subject itself than in the place of the experiments and the individuals who had been the subjects4 ,after this period of time1 during which we were neither called upon to make any statements whatsoever nor were we1 considering the great forum and the absence of the ,state ,secretary1 inclined to give any reports the greater part of those present went back to the development conference1 while ,oberstarzt ,wuerfler1 ,oberstarzt ,professor ,kalk1 ,stabsarzt ,bruehl and ,regierungsrat ,benzinger asked us to make a report to a small medical circle4 ,as1 however1 the ,state ,secretary had prohibited that any report be made before the distribution had been decided on1 we refused to disclose the results of the experiments4 ,oberstarzt ,kalk stated that he was willing to report to the ,state ,secretary our wishes concerning the distribution of the report and the continuation of the experiments4 ,the film was handed to ,colonel ,vorwald4 ,according to the conference with ,obersturmbannfuehrer ,sievers1 ,i tried to get the film back on the same day1 but ,colonel ,vorwald was still at the development conference4 ,when ,i telephoned the next day and requested that the film be handed back1 ,colonel ,vorwald declared that he would like to keep the film until after ,sunday1 #ac ,september1 since on this day the ,reich ,marshal was coming and might perhaps desire to see the film4 ,accordingly1 ,i let ,colonel ,vorwald keep the film for that day4 ,on #ad ,september1 ,i went to fetch the film from ,colonel ,vorwald1 and was informed that it had not been shown4 ,on the same day ,i spoke with ,stabsarzt ,bruehl1 who informed me that ,oberstarzt ,kalk had transmitted1 still on #aa ,september1 our wishes concerning distribution and confirmation of the experiments to the ,state ,secretary4 ,the ,state ,secretary had approved the distribution schedule1 and said that a continuation of the experiments was not urgent4 ,a few days later the distribution schedule accepted by the ,state ,secretary was sent to the ,german ,aviation ,research ,institute by ,colonel ,pendele1 and the report was subsequently transmitted by the ,institute to the offices concerned4 ,since that time ,i have not received any news either concerning the film or concerning the report4 ,signed ,,dr4 ,,romberg ,,translation ,,of ,,document #afab-,,ps ,,prosecution ,,exhibit #gi ,,letter ,,from ,,rudolf ,,brandt ,,to ,,rascher1 #ac ,,december #aidb1 ,,and ,,himmler',s ,,order ,,assigning ,,rascher ,,to ,,high-,,altitude ,,experiments ,the ,reich ,leader ,,ss ,field ,command ,post ,rubber stamp3 ,personal ,staff of ,reich ,leader ,,ss ,documentation ,section ,file ,no43 ,confidential ,field ,command ,post1 #ac ,december #aidb ,the ,reich ,leader ,,ss ,personal ,staff ,journal ,no4 #ai_/aj_/dc g1 ,bra_/,secret #a4 ,hauptsturmfuehrer ,dr4 med4 ,rascher illegible 99 99 99 ,,ss #b4 ,reich ,leader ,,ss ,berlin #c4 ,medical ,office in ,,ss ,fuehrungshauptamt 7,,ss ,operational ,main ,office7 ,berlin #d4 ,,ss ,obergruppenfuehrer ,pohl1 ,berlin #e4 ,ahnenerbe ,berlin-,dahlem ,enclosed ,i am sending you a letter of the ,reich ,leader ,,ss 7copy of same7 with an order for ,,ss ,hauptsturmfuehrer ,dr4 ,rascher4 ,you are requested to duly note and accord needed assistance to ,hauptsturmfuehrer ,dr4 ,rascher in the carrying through of his experiments4 ,by order ,initialed ,b4 ,,ss ,obersturmbannfuehrer ,prinz ,albrechtstrasse ,rubber stamp ,personal ,staff of ,reich ,leader ,,ss ,documentation ,section ,journal ,no43 ,confidential ,,ss ,hauptsturmfuehrer ,dr4 ,rascher is being assigned by me to carry through the following experiments3 #a4 ,low-pressure chamber experiments--to be carried out under conditions corresponding to those actually prevailing under normal operating conditions--for rescue from high and extremely high altitudes4 ,determination of changes in chemical equilibrium1 as well as gas equilibrium of human body4 ,experiments are to be repeated until a scientifically incontestable basis for findings is established4 ,testing of pressure-proof protection garments for the highest altitudes to be carried out with the assistance of manufacturers of such protective suits4 #b4 ,tests for reimparting warmth after total chilling of the human body1 recording all changes of chemical and gas characteristics1 are to be further continued until complete clarification of doubtful questions4 ,i attach particular value to conditions for experiments coming as close to actual conditions as possible1 particularly as regards reimpartation of warmth4 ,sauna equipment available in ,dachau should be used in connection with experiments on reimpartation of warmth4 #c4 ,experiments on removal of effects due to freezing of parts of human system1 especially the extremities1 to be carried through in suitable form 7e4 g4 applications with ,gastein water74 #d4 ,experiments concerned with adaptation to freezing cold in snow huts 7igloos7 to be carried out under varying diets in order to establish whether adaptation to cold ,german text says 8,gewaehrung01 i4 e4 consent1 which evidently is a typographical error and resistance increase against freezing is possible4 ,these experiments are to be carried out on the site of the ,,ss ,mountain ,retreat ,sudelfeld4 #e4 ,the procurement of the apparatus needed for all the experiments should be discussed in detail with the offices of the ,reicharzt ,,ss1 of the ,,ss ,main ,office for ,economic ,administration and with the ,ahnenerbe4 ,the necessary chemical products1 medical supplies1 and glassware will be made available by the ,,ss ,medical ,office1 ,berlin4 #f4 ,publication of results obtained in such tests subject to my approval only4 ,signed ,h4 ,,himmler ,,extracts ,,from ,,the ,,testimony ,,of ,,tribunal ,,witness ,,walter ,,neff#be ,,examination ,,by ,,prosecution 99 99 99 99 99 ,,mr4 ,,mchaney3 99 99 99 ,when did the high-altitude experiments begin in ,dachau8 ,,witness ,,neff3 ,the first high-altitude experiments were on #bb ,february #aidb4 ,the so-called low-pressure chambers had been brought in earlier and dismounted4 ,the exact time when the chambers came is not known to me4 ,q4 ,why do you remember the date when the first experiments were made in the low-pressure chambers so well8 ,a4 ,the #bb;d of ,february is my birthday and the tubercular patients gave a party for me4 ,on that date the experiments started1 and that is why ,i remember the date4 99 99 99 99 99 ,q4 ,will you tell the ,tribunal who worked on these experiments8 ,a4 ,the experiments were conducted by ,dr4 ,rascher and ,dr4 ,romberg4 ,ten prisoners were selected and were taken to the station as permanent experimental subjects2 and they were told that nothing would happen to them4 ,in the beginning1 the first #c weeks1 the experiments went off without incident4 ,one day1 however1 ,rascher told me the next day he was going to make a serious experiment and that he would need #af ,russians who had been condemned to death1 and he received these ,russians4 ,then ,i told ,rascher that ,i would not help1 and ,i actually got ,rascher to send me away to the tubercular ward4 ,on that day ,i know for certain that ,rascher's ,,ss man ,endres or other ,,ss men conducted these experiments4 ,dr4 ,romberg was not there that day4 ,the ,,ss man ,endres took the ,russian prisoners of war to ,rascher and in the evening the parties were taken out4 ,on the next day when ,i returned to the station1 ,endres was already there and he said that two more1 two ,jews1 would be killed4 ,i am quoting what he said4 ,i left the station again1 but ,i watched to see who would be taken for the experiments4 ,i saw the first one getting into the car4 ,i could only see his profile4 ,it seemed familiar to me4 ,i knew that man worked in the hospital as a tailor4 ,i tried to find out if it was really that man4 ,i went to the place where he worked1 and ,i was told that ,endres had just taken the man away4 ,the first person that ,i informed was ,dr4 ,romberg whom ,i met in the corridor4 ,i told ,romberg that this was not a person who had been condemned to death1 that this was a clear case of murder on the responsibility of ,endres4 ,romberg went with me to see ,rascher to clear the matter up1 but it was discovered that ,endres had put this man in the experimental car because he had refused to make a civilian suit for him4 ,rascher sent the man back2 ,endres went with him and remarked3 8,well1 then you will get an injection today40 ,i must say that ,rascher interfered once more and put the man in safety into the bunker4 ,in the meantime1 ,endres had brought a second man up1 a ,czech1 whom ,i knew very well4 ,again it was ,romberg together with me who talked to ,rascher to stop this experiment or to inquire why a man like ,endres was simply taking people who had never been condemned to death4 ,rascher went to the camp commandant1 ,piorkowski1 who personally came to the station and ,endres was transferred to ,lublin immediately4 ,and now ,i come to the subject3 it was actually the day on which my comrade and ,i reached the decision that under all circumstances1 no matter what happened1 ,i would not remain at this---- ,q4 ,now1 ,witness1 let me interrupt you just a minute4 ,we will come back and you can tell the full story then4 99 99 99 99 99 ,,presiding ,,judge ,,beals3 ,i will ask the ,secretary ,general to turn this book over to counsel for the prosecution1 and defense counsel may examine the book4 ,,mr4 ,,mchaney3 ,now1 ,witness1 before the recess1 you had been telling the ,tribunal about the high-altitude experiments which you stated began on #bb ,february #aidb1 and you had related how early in ,march ,rascher had experimented upon some #ae ,russians who were killed and you stated that neither you nor the defendant ,romberg were present on that occasion and you then had gone on to relate that an ,,ss man in ,dachau named ,endres had brought in the tailor at the camp and wanted him to be experimented upon and how you recognized the tailor and interceded with ,romberg and had this man returned4 ,now1 before you continue with your story1 ,i would like to put some specific questions to you4 ,it is true1 is it not1 that concentration camp inmates were experimented on during these high-altitude experiments8 ,,witness ,,neff3 ,yes4 ,q4 ,about how many concentration camp inmates were subjected to these high-altitude experiments8 ,a4 ,there were #ahj to #bjj inmates who were subjected to the high-altitude experiments4 ,q4 ,when1 to the best of your recollection1 did the high-altitude experiments end8 ,a4 ,the incident of the dead--,i am afraid ,i didn't quite get your question4 ,will you repeat it8 ,q4 ,i am asking you1 ,witness1 when the high-altitude experiments ended1 that is1 when they were completed4 ,a4 ,during the course of ,june--maybe the beginning of ,july1 the low-pressure chambers were taken away4 ,i don't recollect the exact date1 however4 ,q4 ,and you state that between #bb ,february #aidb and the end of ,june1 or the beginning of ,july #aidb1 approximately #ahj to #bjj concentration camp inmates were experimented on8 ,a4 ,yes4 ,q4 ,what nationalities were the experimental subjects8 ,a4 ,i cannot say that with certainty but ,i think that approximately all nations were represented there2 that is1 all nations that were in the camp1 mostly ,russians1 ,poles1 ,germans1 and ,jews belonging to any nation4 ,i do not remember any other nationalities being represented there4 ,q4 ,were any of these experimental subjects prisoners of war8 ,a4 ,yes4 ,q4 ,what nationalities were they8 ,do you recall8 ,a4 ,they were ,russians4 ,q4 ,now1 will you tell the ,tribunal how these experimental subjects were selected8 ,a4 ,the experimental subjects who had to be subjected to severe experiments1 experiments that would end in death1 were requested by ,rascher from the camp administration and then furnished by the ,,ss2 however1 this procedure differed with the so-called series of experiments and a number of other experiments4 ,for those experiments1 the people were brought into the experimental station straight from the camp1 that is1 from the blocks4 ,q4 ,now1 did they1 to your knowledge1 make any effort in the camp to secure volunteers for these experiments8 ,a4 ,there were certain volunteers for these experiments4 ,that was because ,rascher promised certain persons that they would be released from the camp if they underwent these experiments4 ,he sometimes promised them that they would be detailed to more favorable work4 ,q4 ,now1 about how many of such volunteers would you say there were for the high-altitude experiments8 ,a4 ,i do not know the exact number4 ,it was not very high2 approximately #aj inmates volunteered for that purpose4 ,q4 ,did these volunteers come one at a time1 or did they come in a body1 or just how did they present themselves to the experimental stations8 ,a4 ,rascher moved around the camp quite a lot and on that occasion the inmates spoke to him4 ,q4 ,in other words1 the camp officials and ,rascher and ,romberg made no effort to find volunteers1 did they8 ,a4 ,i don't know1 but ,i should not think so4 ,i should not think that they made great efforts to get volunteers4 ,q4 ,now1 other than these approximately #aj persons who you state presented themselves as volunteers1 were all the rest of the experimental subjects simply picked out and brought in and experimented on8 ,a4 ,yes4 ,q4 ,were any of these prisoners experimented upon released from the concentration camp because they underwent the experiments8 ,a4 ,there is only one man who was released after the high-altitude experiments4 ,q4 ,and who was that8 ,a4 ,an inmate with the name of ,sobota4 ,q4 ,and did ,sobota assist ,rascher in his experimental work other than simply undergoing the experiment8 ,was he something in the nature of an assistant to ,rascher8 ,a4 ,no4 ,sobota was one of those persons who had to undergo most of the experiments and he was also used on one experiment which was conducted in the presence of the ,reich ,leader ,,ss4 ,on that occasion he was asked by the ,reich ,leader how long he had been in the camp and he promised him that he would be released4 ,he was later sent to the ,group ,dirlewanger4 ,q4 ,was it considered a privilege to be released to the ,group ,dirlewanger8 ,a4 ,no4 ,the inmates who later were forced to transfer to the ,group ,dirlewanger thought that this was the worst thing that could happen to them4 ,q4 ,will you tell the ,tribunal just what the ,group ,dirlewanger was8 ,a4 ,the ,group ,dirlewanger was an ,,ss division who received their education in ,oranienburg and who were used for special purposes4 ,at one time #bjj ,german political inmates in this group were transferred to ,russia4 ,all persons who were forced to join this group were very disgusted at being forced to join the ,,ss and fight for them4 ,they considered being selected to join the ,,ss as the very worst disgrace4 ,q4 ,was the ,dirlewanger a special commando group8 ,a4 ,yes1 it was a special commando group and was assigned to the most dangerous spots4 ,however1 ,i only know that from comrades to whom ,i have spoken about this matter after the liberation4 ,q4 ,other than the prisoner ,sobota1 were there any other concentration camp inmates released as a result of undergoing the high-altitude experiments8 ,a4 ,i know of no case except ,sobota4 ,q4 ,do you know of any cases where a prisoner condemned to death had his sentence commuted to life imprisonment because he underwent the high-altitude experiments8 ,a4 ,no4 ,q4 ,witness1 were any political prisoners used in these high-altitude experiments8 ,a4 ,yes1 there were political prisoners who were used in these experiments4 ,all foreigners were considered political prisoners4 ,q4 ,witness1 tell the ,tribunal how one could tell the difference between a political and a criminal prisoner in a concentration camp8 ,a4 ,all inmates had certain squares with letters2 the political inmates had red squares2 the ,german political inmates had a plain red square2 the ,poles had a red square with a 8,p0 marked on it2 the ,russians with an 8,r02 all nationalities could be identified by the first letter of their country4 ,the red square with a yellow star was the ,jew4 ,the green square1 on the other hand was the sign of the so-called professional criminal4 ,here it must be said that there were quite a number of people with green squares who did not fall under the classification of professional criminals1 but who were sent to the camp with that square since the ,gestapo could find no excuse to send them into the camp as political prisoners4 ,q4 ,now1 was this square really a square or a triangle8 ,a4 ,it was really a triangle with the head of the triangle pointed down to the earth4 ,if it pointed upward1 it indicated a member of the ,wehrmacht who was sent to the camp for punishment4 99 99 99 99 99 ,q4 ,witness1 were any ,jews experimented on in these high-altitude experiments8 ,a4 ,yes4 ,q4 ,now1 tell the ,tribunal approximately how many prisoners were killed during the course of the high-altitude experiments8 ,a4 ,during the high-altitude experiments #gj to #hj persons were killed4 ,q4 ,did they experiment on prisoners other than those condemned to death8 ,a4 ,yes4 ,q4 ,were any of those prisoners who had not been condemned to death killed during the course of the high-altitude experiments8 ,a4 ,yes4 ,q4 ,do you have any idea how many may have been killed8 ,a4 ,there could have been approximately #dj persons4 ,q4 ,that is1 #dj persons were killed1 who had not been condemned to death1 out of a total of #gj1 did you say8 ,a4 ,yes4 ,q4 ,now1 were some of those killed political prisoners8 ,a4 ,yes4 ,q4 ,is there any way of telling whether or not a prisoner had been condemned to death--that is1 when the experimental subject arrived in the pressure chamber1 was there any way to know whether he had been condemned to death8 ,a4 ,once the experimental subjects came from the ,bunker1 that is1 if the ,,ss brought them out1 we could always tell they were prisoners who had been condemned to death4 ,when the inmates were sent by the camp leader1 and were brought there by him1 then we could also tell they were persons who came from the camp1 and that they were not persons who had been condemned to death4 ,q4 ,could ,romberg know this just as you did8 ,a4 ,he could only know it if he tried to find out about it1 because he could hardly differentiate whether the person concerned came from the ,bunker or came from the camps4 ,q4 ,but you could tell that yourself8 ,a4 ,yes4 ,q4 ,did ,romberg ever ask you whether or not these experimental subjects had been condemned to death8 ,a4 ,i do not remember ,romberg ever asking me about that4 ,q4 ,were records kept in the concentration camp which showed whether or not a man had been condemned to death8 ,a4 ,yes4 ,q4 ,do you know whether ,romberg ever checked these records8 ,a4 ,i do not know that4 ,q4 ,you do not know if he ever checked them1 is that right8 ,a4 ,no4 ,q4 ,can you remember1 approximately1 how many deaths ,romberg witnessed during these high-altitude experiments1 if any8 ,a4 ,i can remember five cases where ,romberg was present during cases of death2 whether he was present on other occasions1 ,i do not know4 ,it is possible1 but ,i am not sure of it4 ,q4 ,you are sure of only five cases8 ,a4 ,yes4 ,q4 ,did ,romberg ever make any objections concerning these deaths8 ,a4 ,i do not know of ,romberg having made any protests against it4 ,q4 ,he did not make any protest in your presence8 ,a4 ,only at the time when we were concerned with the incident which ,i spoke of earlier4 ,i do not know anything about anything else4 99 99 99 99 99 ,,extracts ,,from ,,the ,,testimony ,,of ,,defendant ,,rudolf ,,brandt#bf ,,direct ,,examination 99 99 99 99 99 ,,dr4 ,,kauffmann3 ,now ,i should like to speak to you about ,document ,book ,no4 #b1 concerning the high-altitude experiments of ,dr4 ,rascher4 ,you said this morning that you knew ,rascher8 ,,defendant ,,rudolf ,,brandt3 ,yes4 ,q4 ,did you see him frequently8 ,a4 ,very few times in the course of #d to #e years4 ,q4 ,did he come to your office and speak with you8 ,a4 ,twice when ,i was about to leave ,munich by train1 he and his wife brought a letter for ,himmler to the station and gave it to me4 ,q4 ,and what did he want when he came to ,himmler's front office and saw you8 ,a4 ,either he brought a report or a letter2 as ,i said1 this could not have happened more than #d or #e times4 ,q4 ,were you ever present when ,himmler talked with ,rascher8 ,a4 ,no4 ,i was never present at those conferences4 ,q4 ,did ,rascher ever tell you personally1 either before or after a conference with ,himmler1 why he had come8 ,a4 ,no4 ,afterwards we never spoke about these visits because ,i had no time for that4 ,q4 ,but you do not want to deny that you knew that ,rascher was carrying out experiments on human beings in ,dachau8 ,a4 ,yes1 that ,i knew4 ,q4 ,did you ever visit ,dachau yourself8 ,a4 ,no4 ,i was never in ,dachau nor in any other concentration camp4 ,q4 ,did you yourself ever take part in experiments on human beings8 ,a4 ,no4 ,q4 ,did you see these photographs which are supplements to the document books8 ,a4 ,i cannot recall ever having seen them4 ,q4 ,now1 please turn to page #ec4 ,this is a letter from ,rascher to ,himmler in which he makes suggestions to ,himmler for the first time that human being experiments should be carried out in ,dachau4 ,in this letter he says that in these experiments he would certainly have to count on fatal consequences for some of the subjects4 ,do you remember receiving this letter8 ,if not1 can you say how you probably would have handled this letter when it came8 ,a4 ,i do not remember the letter4 ,as in all cases ,i certainly would have put this letter among the mail that ,himmler would read personally1 after one glance through it had assured me that it was a medical matter in which ,himmler was generally interested4 ,,dr4 ,,kauffman3 ,we are speaking now1 your ,honor1 of #afjb-,,ps1 ,prosecution ,exhibit #dd4 ,q4 ,now1 please look at page #eg of the ,german document book4 ,this is #aehb-,,ps1 ,prosecution ,exhibit #de1 a letter from you to ,rascher in which you tell him that1 of course1 prisoners will gladly be made available for high-altitude experimentation4 ,was this letter written on your own initiative or is it a case similar to all the others that you have brought up here1 namely1 a letter written on orders from ,himmler8 ,a4 ,this letter does not originate with me4 ,it can be traced back to clear orders from ,himmler4 ,q4 ,now1 please take a look at #aeha-;,a-,,ps1 ,prosecution ,exhibit #dh1 a letter that bears your signature1 addressed to ,sievers4 ,here you write that low-pressure experiments are being carried out by the ,luftwaffe in ,dachau on prisoners there4 ,then look at the next ,document1 #aiga-;,a-,,ps1 ,prosecution ,exhibit #di1 a letter from ,rascher to ,himmler4 ,in the first sentence of this letter there is mention of an enclosed interim report1 and there is no doubt that this interim report was enclosed4 ,now1 did you read this interim report8 ,a4 ,i should assume that ,i did not because firstly1 such medical reports were quite incomprehensible to me as a layman2 and1 secondly1 because of all the work which ,i had to do1 ,i did not have enough time to concern myself with reports which1 first of all1 ,i didn't understand and1 secondly1 did not interest me4 ,thus it is that ,i put this report in with the mail that ,himmler was to read without reading it myself4 ,q4 ,now1 please look at #aiga-;,d-,,ps1 ,prosecution ,exhibit #eb1 apparently a teletype message from ,rascher to you4 ,here ,rascher asks whether ,poles and ,russians are also to be pardoned if they have survived several severe experiments4 ,in #aiga-;,e-,,ps1 ,prosecution ,exhibit #ec1 your answer is to be found1 a teletype message to ,obersturmfuehrer ,schnitzler in ,munich4 ,in this letter you say that experimental subjects are not to be pardoned if they are ,poles or ,russians4 ,this document was given particular stress by the prosecution1 and its cruel and atrocious nature was emphasized4 ,do you remember this document or can you give us any explanation of how it came about that you signed this teletype message8 ,a4 ,i cannot remember this communication4 ,of course1 ,i cannot here state under oath whether this is one of those cases in which a teletype message was sent on ,himmler's orders with my signature to it4 ,it is also quite possible that ,i saw this message and knew its contents and sent it off1 after receiving instructions from ,himmler4 ,q4 ,but ,i should think that you would still remember a document with such contents today2 and yet you say that you do not remember it8 ,a4 ,no1 ,i do not4 ,in view of the enormous number of orders that ,i got from ,himmler1 ,i could not concern myself enough with the details of each matter in order to be able to remember them for any length of time4 ,q4 ,do you perhaps know whether you discussed this matter with ,himmler and then waited for his orders8 ,a4 ,i cannot say that4 ,i assume that ,i put the teletype message among his mail and then received his instructions along with all the rest of his orders4 ,q4 ,now1 ,i want to discuss ,,no-#djb1 ,prosecution ,exhibit #ff4 ,this is a letter to the ,german ,research ,institute for ,aviation4 ,this letter accompanies a long report1 the subject of which is rescuing pilots from high altitudes4 ,do you have that report now in front of you8 ,a4 ,yes4 ,q4 ,did you work on this report or at least give a cursory glance at it8 ,a4 ,i certainly did not work on it1 and ,i did not even give it a cursory glance1 first of all because it is a medical report1 and secondly1 because it is much too long4 99 99 99 99 99 ,,extracts ,,from ,,the ,,testimony ,,of ,,defendant ,,romberg#bg ,,direct ,,examination 99 99 99 99 99 ,,dr4 ,,vorwerk3 ,now1 we'll go back to the point of ,rascher's position in the experiment4 ,,defendant ,,romberg3 ,i said that without ,rascher there would never have been any intention of carrying out the experiments and it would never have been possible4 ,this can be seen from ,himmler's original assignment4 ,practical proof of this is the fact that the experiments were stopped immediately when there were difficulties with ,rascher's assignment4 ,this is proved by the letter from ,frau ,rascher to the ,reich ,leader ,,ss1 dated #bd ,february #aidb4 7,,no-#bfc1 ,pros4 ,ex4 #dg47 ,in this letter ,frau ,rascher writes that there were difficulties of command and that the experiments were stopped2 that ,rascher had gone back to ,schongau4 ,that was the time when ,i went back to ,berlin4 ,later on when the experiments were actually carried out1 ,rascher had expressly forbidden me to perform experiments in ,dachau without his permission or his presence1 so that ,i never did perform any experiments without ,rascher4 ,i always waited until he was there4 ,on the days when he was in ,schongau no experiments were performed4 ,generally1 ,i did not even go to the experimental station4 ,sometimes ,i went to write--but certainly never to carry out experiments4 ,this rule1 although1 of course1 it often delayed the work1 seemed justified to me because ,rascher had permission from ,himmler to perform these experiments and was responsible to him for the experimental subjects4 ,also1 ,i myself was under the authority of the camp at ,dachau which seriously restricted my independence1 for example1 my freedom of movement or talking to prisoners and similar things4 ,rascher himself1 on the other hand1 had a very free position on the basis of the powers which he had received from ,himmler and because of a special pass4 ,the ,dachau camp was under ,himmler's authority4 ,this is shown by the letter from ,himmler to ,milch of ,november #aidb4 7#afag-,,ps1 ,pros4 ,ex4 #gg 7,pros4 ,ex4 #aaa1 ,milch ,case747 ,in this letter ,himmler spoke of ,holzloehner's conduct and adds that the ,dachau camp was under his orders1 and ,holzloehner would have to submit4 ,it was under these conditions that ,rascher took the low-pressure chamber from the ,,ss in ,munich and set it up there4 ,q4 ,who took care of the maintenance work on the chamber during the experiments8 ,a4 ,there was not a great deal of maintenance work necessary2 loading the batteries or supplying the oxygen for the experiments was taken care of by ,rascher and was probably paid for by the camp4 ,q4 ,was ,rascher responsible to you for that8 ,a4 ,no1 ,rascher was not responsible to me at all4 ,he was responsible to the ,medical ,inspectorate because the chamber belonged to them4 ,q4 ,did you have ah opportunity to give ,rascher any orders or instructions1 or to prohibit anything8 ,a4 ,no1 that can no doubt be seen from what ,i have already said4 ,i could not give him any orders4 ,i certainly could not forbid him to do anything4 ,concerning the conduct of these experiments on rescue from high altitudes1 ,i merely had a certain advisory right as is customary for two scientists who are working together on the same task when one of the two has greater knowledge pertinent to the specific task4 ,q4 ,you said the experiments began on #bb or #bc ,february2 was that when you saw the experimental subjects for the first time8 ,a4 ,yes4 ,on that day ,i went out to ,dachau with ,rascher for the first time and met the experimental subjects for the first time4 ,q4 ,about how many were there8 ,a4 ,there were #aj or #ab4 ,q4 ,could it have been #e8 ,a4 ,five8 ,no1 there were certainly more than that4 ,q4 ,could it have been #ae8 ,a4 ,yes1 that is possible4 ,q4 ,did you talk to the experimental subjects on that day before the experiments began8 ,a4 ,i believe on that day we mostly talked4 ,whether any proper experiments were done at all on that first day1 ,i don't remember4 ,at any rate ,i talked to the experimental subjects and got to know them a little on the first day4 ,q4 ,what did you talk about with the experimental subjects8 ,a4 ,they were quite new surroundings for me1 of course4 ,they were all professional criminals who were in custody4 ,q4 ,how do you know that8 ,a4 ,they told me that gradually in the course of conversation4 ,they didn't1 of course1 have complete confidence on the first day and did not tell me all about their previous convictions4 ,but after careful inquiries one discovered that they had been condemned for certain crimes1 repeatedly convicted1 and finally had been condemned to protective custody4 ,q4 ,why did you talk to the experimental subjects on this day8 ,a4 ,it is quite natural when one begins to work with such a group that a certain personal contact is necessary4 ,we had to get to know each other4 ,i talked to them about their profession1 if ,i may call it that1 and of course ,i told them something about the experiments1 what the whole thing was all about1 what they themselves had to do to cooperate in the same way as my usual experimental subjects4 ,q4 ,was the reason for this investigation to prepare the subjects for their activity or to check whether these people were actually volunteers8 ,a4 ,no4 ,it was more to get to know the subjects personally4 ,the situation was this3 in the discussion with the camp commandant on the basis of the agreement with ,rascher and his authorization from ,himmler1 a very definite agreement had been reached to the effect that these people were to be selected from the volunteers4 ,therefore1 a clear agreement had been reached on the conditions1 about which there could be no doubts basically4 ,when ,i met the subjects for the first time personally and talked to them about the principle of the experiments and their duties1 and so forth1 of course ,i also inquired why they had volunteered--not because of any distrust of the camp commandant1 but just for that reason4 ,q4 ,you thought1 accordingly1 that they were volunteers8 ,a4 ,i didn't only think they were4 ,they told me so themselves4 ,q4 ,how do you know that so definitely for each case8 ,a4 ,in the course of time--not on the first day but in the course of time--,i talked to all of them frequently in some detail1 and gradually they told me about their previous convictions and what other prisons and penitentiaries they had been in before they came to the camp1 and they also told me the reasons why they had volunteered4 ,q4 ,do you mean to say that all the experimental subjects used for the high-altitude experiments were volunteers8 ,a4 ,yes4 ,q4 ,now before these subjects entered the chamber did you prepare them for what they had to do and tell them the significance of the whole thing8 ,a4 ,yes1 of course4 ,first ,i explained the whole question to them in broad outline1 so that they would know what it was about and what the purpose of the experiment was4 ,in detail ,i told them specifically what they had to do in the experiments4 ,there was the writing test during which they had to write numbers from #a1jjj backwards2 then the cardinal point was that after the altitude sickness during the experiments1 as soon as they came to1 they had to pull the rip cord4 ,we had a handle in the chamber connected to a bell4 ,this was to represent pulling the rip cord of the parachute4 ,this had to be explained to them carefully1 otherwise they wouldn't have understood it and wouldn't have reacted correctly4 ,q4 ,now1 before the experiments began1 did you have an electrocardiogram of each separate subject8 ,a4 ,yes and again later on4 ,q4 ,please explain that4 ,a4 ,rascher had first examined the people to see if they were suitable for the experiments1 so there would be no heart defects or anything like that4 ,then in order to get an exact control1 before the beginning of the experiments we took an electrocardiogram of all the subjects4 ,in almost all the experiments the electrocardiograms were registered and at the end1 when the experiments were finished1 we took another electrocardiogram of all the subjects in order to have material because perhaps even if there was no visible injury1 there might still be some effects which could only be determined by such tests4 ,q4 ,now1 how long did these experiments on rescue from high altitude last1 approximately8 ,a4 ,well1 they really began on about #aj or #aa ,march and they lasted until #ai or #bj ,may4 ,q4 ,following that1 you prepared the report which has been submitted by the prosecution8 ,a4 ,yes4 ,q4 ,in this report you have a sentence saying that during the experiments on rescue from high altitudes there were no deaths and there had been no injury to health2 is that correct8 ,a4 ,yes1 it is correct that that sentence is in the report1 and it is also true that there were no deaths or other injuries4 ,q4 ,but here in the testimony of the witness ,neff you heard that there were deaths8 ,a4 ,yes4 ,q4 ,what do you have to say about that8 ,a4 ,in addition to our joint experiments on rescue from high altitudes1 ,rascher conducted experiments of his own4 ,he did not tell me the exact problem2 he merely said that he was performing these experiments for ,himmler and that they had to do with explosive decompression sickness and electrocardiograms4 ,he had apparently carried out secret experiments for some time on this problem1 but then in my presence he continued them with special subjects4 ,in the course of these experiments the first death occurred at the end of ,april in my presence4 ,he told me in the course of our conversations that he wanted to qualify as a lecturer on the basis of these experiments which were ordered by ,himmler4 ,he wanted to get ,dr4 ,fahrenkamp into it but this cooperation never came about because the experiments were broken off4 ,before this death ,i had no reason to object to the experiments in any way since ,rascher was using other subjects and had a separate assignment from ,himmler for them4 ,my assignment was to perform the experiments on rescue from high altitudes and ,i carried it out together with ,rascher4 ,q4 ,how many deaths took place in your presence8 ,a4 ,three4 ,q4 ,but ,neff spoke of five deaths at which you were present4 ,a4 ,there could only have been three4 ,q4 ,why could there only have been three8 ,a4 ,because ,i remember4 ,after all they were deaths and they made a definite impression on me2 ,i know it4 ,q4 ,why did death in the low-pressure chamber make such an impression on you8 ,a4 ,in the innumerable low-pressure-chamber experiments not only performed by us1 but everywhere in ,germany in other institutes1 we never had any deaths at all1 and the opinion at that time was that any necessary problem of aviation medicine could be solved without deaths4 ,q4 ,now1 how did it happen that you were present at these deaths1 since you say these experiments did not belong to your series of experiments8 ,a4 ,at the beginning of ,april or in the middle of ,april1 ,rascher told me for the first time that he was performing experiments with slow ascension and that he had attempted to work with ,fahrenkamp but the work had been interrupted when the latter was sent away4 ,i said that had nothing to do with our experiments and was quite unimportant and uninteresting from our point of view4 ,he admitted that1 but said it was a specific question which especially interested him personally and which he had to work on4 ,i did not see these experiments1 which according to records here lasted #h to #aj hours4 ,he probably always performed them on the days ,i was absent because these #h to #aj hours would have interfered considerably with our experiments4 ,he expanded these experiments and performed time-reserve experiments at certain altitudes to test the adaptation which he had been testing before in the slow-ascension experiments4 ,this was an experiment in which the subject remains at the same altitude1 in contrast to the falling or sinking experiments where the pressure is constantly increased1 that is1 when the altitude is decreased4 ,as his interim reports show1 he extended these experiments to high altitudes and the time reserve was studied either with or without oxygen4 ,the suggestion for this in part came obviously from other work1 such as that of ,dr4 ,kliches4 ,i sometimes observed these experiments4 ,he performed them correctly2 he watched the subjects so that there was1 in itself1 no objection to these experiments4 ,the only thing was that they interfered with our experiments from the point of view of time1 and ,rascher's lack of punctuality was a much greater annoyance in this respect4 ,according to the documents1 as well as the witness ,neff1 ,rascher apparently had deaths in these experiments4 ,the first deaths were evidently unexpected4 ,in these unexpected deaths the electrocardiogram and the autopsy findings1 together with his reports1 apparently gave ,himmler the idea that these experiments should be carried on further1 and in addition that ,fahrenkamp should be called in to extend them as far as possible scientifically4 ,the fact that ,himmler was covering them apparently induced him in my presence to perform experiments which were dangerous1 and in which deaths occurred4 ,the fact that ,i had been present several times at previous experiments brought about my presence at that fatal experiment1 too4 ,q4 ,did you not think it unusual that during an experimental series which you and ,rascher were to carry out together1 ,himmler suddenly gave ,rascher orders for special experiments8 ,a4 ,yes4 ,i did not have any specific experience in this direction1 but on principle it is nothing unusual if when two people are working together on a certain job1 one of them receives an additional assignment from his chief to carry out other work on his own4 ,in addition1 ,rascher was also working in ,schongau at the same time on behalf of ,luftgau ,,vii4 ,i1 myself1 had work of my own in the ,,dvl1 which my associates were carrying on and which ,i inquired about when ,i happened to be in ,berlin4 ,no one could dispute the fact that ,himmler1 as ,reich ,leader ,,ss and ,chief of the ,german ,police and as ,rascher's boss insofar as he was an ,,ss member1 had the right to give assignments to his subordinates and to order them to carry out experiments on experimental subjects in a concentration camp4 99 99 99 99 99 ,q4 ,now1 in your opinion1 what is the distinction between your presence at the experiments on rescue from high altitudes and your occasional presence during ,rascher's experiments8 ,a4 ,in the experiments on rescue from high altitudes ,i was not merely present4 ,i performed the experiments myself4 ,that is1 ,i called the experimental subjects myself1 or sometimes ,rascher called them4 ,of course1 then ,i explained to the people what they had to do1 what they had to write1 what they had to pay special attention to1 and that when they registered the electrocardiogram1 in order not to interfere with it1 they had to keep still2 and then when the experiment had started ,i directed the experiment myself4 ,i watched the altitude of the mercury indicator1 and the calculated speed of ascension and descension1 which ,i checked with the stop watch4 ,of course1 at the same time ,i observed the subject1 in other words1 the persons in the experiments4 ,in ,rascher's experiments which were at a certain altitude--that is1 the subjects were ascended to a certain altitude and then remained at that altitude--,i sometimes watched if ,i happened to be in the low-pressure chamber1 but otherwise he performed these experiments alone just as he did when ,i was not present4 ,he even laid great stress on performing them alone4 ,it is clear to me now that he did not want me to observe any special results2 that is apparently why he performed the other experiments in the evening or when ,i was away4 ,q4 ,after the first death was there an autopsy8 ,a4 ,yes1 there was an autopsy4 ,q4 ,did you participate in it8 ,a4 ,no1 ,i did not participate4 ,i was present and ,i watched the autopsy4 ,q4 ,why did you watch the autopsy if it was not your experiment8 ,a4 ,today1 of course1 it looks different than it did at the time4 ,it was a matter of course for me then4 ,rascher was a colleague of mine4 ,he had had a fatal accident in his experiments4 ,he asked me to watch the autopsy1 and1 of course1 ,i went4 ,i also had a quite natural scientific interest in the cause of death1 and in the findings1 and ,i admit it frankly1 although ,i am aware of the danger that someone may say ,i was interested in the death of the person too1 but it happens in every hospital2 all doctors watch the autopsies4 ,if1 for example1 in the surgical ward1 a patient died after an operation1 then the chief physician1 or if he had no time1 the senior physician1 and the other doctors who had nothing specifically to do with the patient1 watched the autopsy1 and generally even ,x-ray doctors came over who didn't know the patient at all4 ,besides if ,i had not been present1 that would today be considered as an incomprehensible lack of interest in the death--if ,i had not accepted ,rascher's invitation4 ,if such a death happened during a centrifugal experiment in our institute1 if such an accident had happened which was not in my field of work1 ,i certainly would have gone to watch the autopsy4 ,one must learn from the findings2 that is one's duty as a doctor4 ,one has to look at such things so that one can draw one's own conclusions and be able to avoid subsequent accidents4 ,q4 ,did you see any further autopsies of ,rascher8 ,a4 ,no4 ,q4 ,why not8 ,a4 ,after this death there was a basic change in my attitude toward ,rascher and the plan to break off the experiments1 so that in the case of later deaths ,i was not present because of this attitude4 ,i do not believe he invited me to the autopsies either1 and under the conditions in ,dachau ,i could not go there on my own initiative4 ,q4 ,did you ask ,rascher how this death came about1 or did you warn him before the death8 ,a4 ,yes1 ,i have already said ,i was present at the experiments just as ,i had sometimes been present at the other series of his experiments1 purely out of curiosity1 just as in our institute if centrifugal experiments were performed1 ,i sometimes watched them1 too4 ,there was no reason for distrust but at that time ,i just watched the experiments out of curiosity4 ,that was how it happened that ,i was present by accident at the experiment and looked at the electrocardiogram of this subject4 ,on the screen of the electrocardiograph one can see a little point of light which moves1 and that is determined by the heart action4 ,when it seemed to me that it was getting dangerous1 that the heart action was lessening1 ,i said to ,rascher3 8,you had better stop now40 ,q4 ,and what did ,rascher do8 ,a4 ,nothing4 ,he kept that altitude and later death suddenly occurred4 ,q4 ,when you observed the electrocardiogram was it quite clear to you that the person would die in the next second8 ,a4 ,no1 of course not4 ,first of all ,i had never seen a death from high altitude4 ,that was the first one ,i ever saw4 ,i couldn't know that1 and1 in the second place1 this death certainly resulted from aero-embolism and1 therefore1 suddenly4 ,in the third place1 the electrocardiogram change was1 shall we say1 doubtful4 ,i myself would have stopped the experiment at this stage but he didn't4 ,i only spoke up because ,i would have stopped the experiment at that moment4 ,q4 ,did you speak to ,rascher about this after the experiment8 ,a4 ,it was not possible for me to object in view of ,rascher's position1 but ,i told him that such things should not happen4 ,q4 ,and what else did you do8 ,a4 ,after this death ,i went to ,berlin and told ,ruff about it4 ,ruff agreed with me that death should not be allowed to occur in high-altitude experiments and it had never occurred before4 ,since ,rascher1 however1 performed these experiments for ,himmler on men who were condemned to death1 we saw no way of preventing ,rascher after we had made an official report4 ,in general when objections were made ,rascher simply referred to the orders from ,himmler and to the fact that he was covered by them4 ,it was quite impossible to remove the chamber from ,dachau against ,himmler's and ,rascher's will4 ,and to give this death as a reason for removing the chamber was even more impossible4 ,in the first place1 ,himmler would not have reacted4 ,he would certainly not have given up the chamber4 ,he might have started proceedings for treason or for sabotage of an essential war experiment4 ,in fact1 ,i had reported this to ,ruff against my signature to the contrary in a concentration camp4 ,like every other visitor to a concentration camp ,i had to sign a statement to the effect that everything ,i saw and so forth in the camp would be secret4 ,besides1 at the beginning of the experiments ,rascher had received a special telegram from ,himmler ordering silence about these experiments4 ,a specific obligation to secrecy was strengthened by this order from ,himmler4 ,since ,i had reported the matter to ,ruff against the secrecy obligation1 ,i also had to be covered in this respect1 and for this reason again we could not give the death as the reason for removing the chamber from ,dachau1 aside from the fact it would not have met with success4 ,therefore1 after some consideration we decided that the only possibility was for ,ruff to go to ,milch or ,hippke and ask to have the chamber removed1 giving the excuse that it was needed at the front4 ,on the other hand1 ,i was to conclude our experiments quickly so that ,himmler could be told that the experiments were finished and that we could prove this so that we could claim the right to remove the chamber from ,dachau4 ,otherwise ,himmler would doubtless have ordered the experiments to be continued until the original goal had been reached1 that is1 the clarification of the question of rescue from high altitudes1 and he would doubtless have gone to ,goering or even ,hitler and arranged to keep the chamber longer4 ,he would have said that the use of this chamber at the front was unimportant compared to its use at ,dachau in the experiments1 and he would not have released the chamber4 ,if ,i myself had not gone back to ,dachau1 then ,rascher would have carried out the experiments on rescue from high altitudes alone2 and he would doubtless also have continued his own experiments4 ,that was the reason why ,i reluctantly went back to ,dachau4 ,q4 ,now1 what was the purpose of your trip to ,berlin8 ,a4 ,the purpose was this report to ,ruff4 ,q4 ,was that the only purpose8 ,a4 ,yes4 ,q4 ,how did you explain this trip to ,rascher8 ,a4 ,i told ,rascher that ,i was going because of my wife's condition4 ,my wife had had a child in ,march1 and that was a good reason for my going to ,berlin4 ,q4 ,how long were you in ,berlin8 ,a4 ,only #a or #b days2 then ,i went back to ,dachau4 ,q4 ,now1 before you left did you make sure whether ,ruff had done anything in response to your report1 whether he had done anything to get the chamber out of ,dachau8 ,a4 ,yes4 ,ruff tried to get ,hippke but was not able to at that time1 so that ,i really did not know what was going on and what would be accomplished4 ,q4 ,did you notice anything special about the chamber when you came back to ,dachau8 ,a4 ,yes4 ,when ,i came back1 the barometer was broken1 as ,neff has already said2 and ,i had to go right back to ,berlin to have the barometer repaired4 ,q4 ,how long did you stay in ,berlin this time8 ,a4 ,as long as the repair required2 about #b weeks4 ,q4 ,then during this time there were no experiments8 ,a4 ,no4 ,q4 ,when did the experiments begin again8 ,a4 ,the beginning of ,may or the middle of ,may ,i went back with the repaired apparatus2 then we concluded the experiments as quickly as possible4 ,q4 ,did you abbreviate the program which you had planned1 or did you change it in any way1 or did you keep it the way it was8 ,a4 ,no4 ,we shortened it4 ,we had fewer experiments at the various altitudes in order to conclude the whole thing as quickly as possible but in such a way that it was actually completed with adequate results4 ,q4 ,when was the second death at which you were present8 ,a4 ,that was a few days after my return to ,dachau4 ,q4 ,did the death of the experimental subject occur in a manner similar to the first case8 ,a4 ,in general1 yes4 ,i don't know exactly what happened4 ,as far as ,i recall1 it was an experiment at a rather high altitude1 and death occurred quicker1 more suddenly4 ,q4 ,and when was the third death at which you were present8 ,a4 ,that was right after that1 on the next day1 or the second day4 ,q4 ,after these deaths1 did you ever have any arguments with ,rascher about his experiments and the way in which he performed them8 ,a4 ,yes1 we had some minor arguments resulting from my objections1 which he always refused to accept2 but after the third death when ,i started to object again1 he said first that ,himmler had ordered it and ,i wasn't to interfere4 ,when ,i later brought the subject up once more1 he lost his patience1 and we got rather excited4 ,i asked him why he was carrying out these experiments2 what he wanted to achieve4 ,he said he wanted to clarify the problem of caisson diseases1 that is bends or aero-embolism1 because ,himmler had ordered it4 ,he was the first man to prove these air bubbles in the blood during an autopsy under water4 ,also the question of the electrocardiogram in bends and altitude sickness had to be clarified as ,himmler had given him a special assignment for it1 and ,fahrenkamp was to do this work together with him4 ,in addition he wanted to qualify as a professor with ,schittenhelm through this work4 ,then he brought out a letter and read to me that the experiments were to be continued2 that ,professor ,fahrenkamp was to be called in2 and that people condemned to death who survived the experiments would1 of course1 be pardoned4 ,then he held the letter out to me and asked me whether ,i could read ,himmler's signature and whether ,i wasn't satisfied with that4 ,q4 ,was this the letter #aiga-;,b-,,ps1 ,prosecution ,exhibit #ea8 ,a4 ,yes1 #aiga-;,b-,,ps1 as ,prosecution ,exhibit #ea4 ,q4 ,and what does this letter indicate8 ,a4 ,well1 it showed that ,himmler had actually ordered these experiments and that he1 therefore1 had complete official coverage1 that the subjects were to be pardoned4 ,it says in the letter3 8,of course the person condemned to death shall be pardoned to concentration camp for life40 ,then it says that ,fahrenkamp is to be consulted4 ,on the next page it says that this order from ,himmler goes to the ,chief of the ,security ,police and the ,,sd and to ,,ss ,brigadefuehrer ,gluecks1 with a copy for their information4 ,q4 ,did ,rascher give you any further explanation of this letter8 ,a4 ,since this letter prevented me from doing anything1 ,i calmly asked him what idea he had of these experiments1 what he wanted to do1 what he wanted to achieve4 ,he said that ,dr4 ,fahrenkamp would help him and that he would have electrocardiograms for heart failure from the most various reasons and would compare them with electrocardiograms in the case of death at high altitudes with the change in severe altitude sickness and with later recovery4 ,in addition1 in the hospital in ,munich he had taken electrocardiograms in cases of heart failure4 ,in ,dachau1 he said1 he had also registered electrocardiograms when there were executions by shooting4 ,if he really had evaluated all this material together with a heart specialist1 then it would1 of course1 have been quite valuable4 99 99 99 99 99 ,q4 ,now1 did you do anything1 and what did you do in order to stop ,rascher's experiments and did you incur any danger and1 if so1 what8 ,a4 ,what ,i did against ,himmler's orders and against my signed promise to keep secrecy1 the fact that ,i reported the incidents to my boss who passed the information on--all this was dangerous4 ,one probably understands enough about conditions under ,himmler to realize that4 ,the witness ,neff has described my attitude to ,rascher's experiments4 ,he confirmed that ,i intervened in one case when he was present4 ,perhaps he knows nothing about my other objections4 ,in general1 the discussions between ,rascher and myself did not take place in the presence of the prisoners4 ,the low-pressure chamber was removed from ,dachau earlier than intended at our instigation4 ,against ,rascher's and ,himmler's wishes1 it was never returned to ,dachau4 ,the extent of the accusations made by the ,,ss in this direction is shown by the document4 ,these efforts begin with ,wolff's telegram to ,milch on #ab ,may1 which is answered in the negative in ,milch's letter of #bj ,may4 7#cdc-;,a-,,ps1 ,pros4 ,ex4 #fb47 ,in answer to further efforts from ,himmler1 ,milch ordered that the chamber was to remain #b months longer in ,dachau4 7,,no-#bfa1 ,pros4 ,ex4 #fc47 ,at this time1 we had already removed the chamber4 ,on #e ,june1 ,rascher again writes to ,himmler about the low-pressure chamber4 ,document ,,no-#bhd1 ,prosecution ,exhibit #fd1 is the answer to this letter of #e ,june4 ,the letter itself is1 unfortunately1 not available4 ,this letter1 no doubt1 says that the chamber was removed from ,dachau in ,may1 while the prosecution alleges that the experiments continued until ,august4 ,then there is a certain pause in ,rascher's and ,himmler's efforts1 because ,rascher is busy with the cold experiments4 ,when the film is shown in ,berlin in the ,air ,ministry1 ,rascher does not forget to tell ,milch again of his wishes in regard to the low-pressure chamber4 ,but hardly has the first phase of the cold experiments--the series with ,holzloehner--been finished1 when he writes to ,himmler again on #i ,october4 7#afaj-,,ps1 ,pros4 ,ex4 #gc47 ,he asks ,himmler to get him the low-pressure chamber so that he can continue his experiments and qualify as a professor4 ,in the letter of #ba ,october #aidb 7,,no-#bbf1 ,pros4 ,ex4 #ge71 ,sievers writes to ,brandt about the continuation of the high-altitude experiments which ,himmler wants1 but knowing of the existing difficulties1 or for other reasons1 he adds that ,himmler will no doubt have to write to ,milch personally in order actually to get the chamber4 ,this happens on #bg ,november #aidb 7,,no-#bfi1 ,pros4 ,ex4 #gh7--;a letter from ,wolff to ,milch1 on behalf of ,himmler4 ,the definite request for the low-pressure chamber1 which is expressed in this letter1 is given definite emphasis by mention of the opposition of the ,luftwaffe doctors4 ,i learned from a telephone call from ,sievers1 which he mentioned in his testimony1 that he was to buy a low-pressure chamber for ,rascher on behalf of ,himmler4 ,i was greatly astonished at this telephone call at the time1 because ,i knew very well that ,rascher certainly didn't want to have this made public in any way4 ,now1 this telephone call has been cleared up4 ,then ,i informed ,ruff of this call and he had ,becker-,freyseng take further steps1 as he said here yesterday4 ,in an official letter to various ,,ss agencies1 dated #ac ,december #aidb 7#afab-,,ps1 ,pros4 ,ex4 #gi71 ,rascher is given the assignment by ,himmler personally to carry out high-altitude experiments4 ,on #ad ,march #aidc 7,,no-#bgj1 ,pros4 ,ex4 #aaj71 ,rascher tells of his discussions with ,hippke and again says that he wants to carry out low-pressure chamber experiments1 together with me2 and finally1 on #ah ,november #aidc 7,,no-#ajeg1 ,pros4 ,ex4 #dfc71 he tries again1 through the ,reich ,research ,council in agreement with ,himmler1 to get a mobile low-pressure chamber in order to carry out experiments4 ,those are ,rascher's and ,himmler's efforts but1 nevertheless1 ,rascher never again had a low-pressure chamber at his disposal for experiments4 ,q4 ,well1 what do you want to prove by these statements8 ,a4 ,this no doubt proves clearly how great ,rascher's and ,himmler's efforts were and that my conduct under these circumstances was not only not cowardly1 but that it was much more clever and much more successful4 ,even if ,i had had any legal obligations to prevent him by force1 if ,i had had any obligations to attack ,rascher and if ,i had tried and been unsuccessful1 then ,i would have been locked up or killed and ,rascher would have been able to continue his experiments for a long time without any restriction4 ,q4 ,at that time1 was there any possibility in ,germany to resist1 and in what did you see such possibility8 ,a4 ,there were only three types of resistance possible4 ,first of all1 emigration for a person who was able2 second1 open resistance which meant a concentration camp or the death penalty1 and to my knowledge1 never met with any success2 third1 passive resistance by apparent yielding1 misplacing and delaying orders1 criticism among one's friends1 in short1 what writers today call 8internal emigration40 ,but that really doesn't have much to do with the question4 ,as far as the direct question of prevention is concerned1 ,i would like to say something more4 ,to take a comparison from the medical field1 it is unknown to me and ,i cannot imagine1 for example1 that an assistant of a scientific research worker who is performing infections with a fatal disease1 for example1 leprosy1 on a prisoner1 that this assistant should prevent the scientist from carrying out this infection by force--perhaps by knocking the hypodermic syringe out of his hand and crying 8,you mustn't do that1 the man might die60 ,i could imagine that some assistant might1 for personal reasons1 refuse to participate in such experiments1 but ,i cannot imagine that if there were a trial against this doctor the prosecution would demand that the assistant should have prevented the scientist in this manner4 ,q4 ,then1 you are convinced that prevention by force was impossible8 ,a4 ,yes4 ,q4 ,but could you not have filed charges1 for example1 with the police or with the public prosecutor1 against ,rascher8 ,a4 ,yes1 of course1 ,i could have1 but if ,i had gone there and said1 8,rascher has performed experiments ordered by ,himmler--by the ,chief of the ,german ,police and whatever else he was--the ,reich ,leader ,,ss1 the ,state ,secretary in the ,ministry of the ,interior10 they would probably have said3 8,well1 we can't do anything about it4 ,if he has orders1 then we can't do anything about it40 99 99 99 99 99 ----- #ah ,jews who had had sexual intercourse with ,german women with their consent4 #ai ,very similar arguments were advanced by counsel for defendant ,romberg4 #bj ,the witness ,neff was called to testify as a ,tribunal witness and not as a prosecution witness4 #ba ,see ,vol4 ,,ii1 judgment is case of ,united ,states vs4 ,erhard ,milch4 #bb ,last sentence is crossed out and replaced by one in ,german shorthand4 #bc ,translator's ,note3 8,terminal0 as used here means 8resulting in death04 #bd ,these studies were carried out in conjunction with the research and educational society 8,ahnenerbe40 #be ,complete testimony is recorded in mimeographed transcript1 ,december #ag-ah1 #aidg1 pp4 #eie-fie4 #bf ,complete testimony is recorded in mimeographed transcript1 ,march #bd1 #be1 and #bf1 #aidg1 pp4 #dhfi-diid4 #bg ,complete testimony is recorded in mimeographed transcript1 ,may #a1 #b1 #c1 #d1 #e1 and #f1 #aidg1 pp4 #fgfd-gjcb4 #b4 ,,freezing ,,experiments a4 ,introduction ,the defendants ,karl ,brandt1 ,handloser1 ,schroeder1 ,gebhardt1 ,rudolf ,brandt1 ,mrugowsky1 ,poppendick1 ,sievers1 ,becker-,freyseng1 and ,weltz were charged with special responsibility for and participation in criminal conduct involving freezing experiments 7par4 #f 7,b7 of the indictment74 ,on this charge the defendants ,handloser1 ,schroeder1 ,rudolf ,brandt1 and ,sievers were convicted4 ,the defendants ,karl ,brandt1 ,gebhardt1 ,mrugowsky1 ,poppendick1 ,becker-,freyseng1 and ,weltz were acquitted4 ,the prosecution's summation of the evidence on the freezing experiments is contained in its final brief against the defendant ,sievers4 ,an extract from this brief is set forth below on pages #aii to #bjf4 ,a corresponding summation of the evidence by the defense on these experiments has been selected from the closing briefs for the defendants ,sievers and ,weltz4 ,it appears below on pages #bjg to #bag4 ,this argumentation is followed by selections from the evidence on pages #bai to #bgh4 b4 ,selection from the ,argumentation of the ,prosecution ,,extract ,,from ,,the ,,closing ,,brief ,,against ,,defendant ,,sievers ,freezing ,experiments ,before the high-altitude experiments had actually been completed1 the freezing experiments were ordered to be performed by the defendant ,weltz and his subordinate ,rascher4 ,this can be seen from a letter of #bj ,may #aidb from ,milch to ,karl ,wolff4 7#cdc-;,a-,,ps1 ,pros4 ,ex4 #fb47 ,a short time later1 ,rascher had a conference with ,hippke and the experimental team was changed to include ,jarisch1 ,holzloehner1 and ,singer4 ,rascher reported these orders to ,himmler on #ae ,june #aidb1 and passed on ,hippke's request to have the experiments conducted in ,dachau4 ,he stated3 8,it was also decided that the inspector ,hippke would issue orders to me at all times during the experiments40 7,,no-#bhc1 ,pros4 ,ex4 #hb47 ,the research assignment was issued by the ,department for ,aviation ,medicine 7#b ,,ii ,b7 under ,anthony1 with the defendant ,becker-,freyseng as his deputy4 7,,no-#bhf1 ,pros4 ,ex4 #hh47 ,the cold-water freezing experiments began on #ae ,august #aidb and continued until the early part of #aidc4 ,they were performed by ,holzloehner1 ,finke1 and ,rascher1 all of whom were officers in the ,medical ,service of the ,luftwaffe4 ,holzloehner and ,finke collaborated with ,rascher until ,december #aidb4 ,as ,rascher said in a paper on his medical training3 8,by order of the ,reich ,leader ,,ss and ,generaloberstabsarzt ,professor ,dr4 ,hippke1 ,i conducted #8,experiments for the ,rescue of ,frozen ,persons' 7started on #ae ,august #aidb71 in cooperation--for #d months--with the ,professor ,dr4 ,holzloehner and ,dr4 ,finke both of ,kiel ,university40 7,,no-#bcj1 ,pros4 ,ex4 #aae47 ,rascher also said that3 8,since ,may #aici till today ,i have been in military service with the ,air ,force40 ,the memorandum was dated #ag ,may #aidc4 ,it should therefore be borne in mind that during all of the high-altitude and substantially all of the freezing experiments1 ,rascher was on active duty with the ,luftwaffe1 not the ,,ss4 ,it was not until after ,may #aidc that he went on active duty with the ,waffen ,,ss4 ,he was of course supported by both the ,luftwaffe and the ,,ss in these experiments4 ,the witness ,neff1 who was an inmate assistant in the experiments1 testified that freezing experiments in the concentration camp ,dachau started at the end of ,july or in ,august #aidb4 ,they were conducted by ,rascher1 ,holzloehner1 and ,finke4 ,in ,october1 ,holzloehner and ,finke left and ,rascher proceeded alone to conduct freezing experiments until ,may #aidc4 ,rascher1 ,holzloehner1 and ,finke used ice-cold water for their freezing experiments4 ,the experimental basin had been built #b meters long and #b meters high in ,rascher's experimental station1 ,block #e4 7,tr4 pp4 #fbf-h47 ,the experiments were carried out in the following manner3 ,the basin was filled with water and ice was added until the water measured #c ,c4 ,the experimental subjects1 either dressed in a flying suit or naked1 were placed into the ice water4 ,narcotics were frequently not used4 ,it always took a certain time until so-called 8freezing narcosis0 made the experimental subjects unconscious1 and the subjects suffered terribly4 ,the temperature of the victims was measured rectally and through the stomach by galvanometer4 ,they lost consciousness at a body temperature of approximately #cc ,c4 ,the experiments actually progressed until the experimental persons were chilled down to #be ,c4 body temperature4 ,an experiment on two ,russian officers who were exposed naked to the ice-cold water in the basin was particularly brutal4 ,these two ,russians were still conscious after #b hours4 ,rascher refused to administer an injection4 ,when one of the inmates who attended the experiment tried to administer an anaesthetic to these two victims1 ,rascher threatened him with a pistol4 ,both experimental subjects died after having been exposed at least #e hours to the terrible cold4 7,tr4 pp4 #fbi-fca47 ,approximately #bhj to #cjj experimental subjects were used for this type of freezing experiment1 but in reality1 #cfj to #djj experiments were conducted since many experimental subjects were used two or three times for experiments4 ,approximately #hj to #ij experimental subjects died4 ,about #ej to #fj inmates were used in the ,holzloehner-,finke-,rascher experiments and approximately #ae to #ah of them died4 ,political prisoners1 non-,german nationals1 and prisoners of war were used for these experiments4 ,many of the inmates used had not been 8condemned to death40 ,the subjects did not volunteer for the experiments4 7,tr4 pp4 #fbg-h47 ,even though one assumes that prisoners condemned to death were used in all of the experiments1 which is not true1 the 8defense0 that they volunteered on the agreement that their sentences would be commuted to life imprisonment is invalid4 ,during the high-altitude experiments1 ,himmler had directed that in further experiments where the long continued heart activity of subjects who were killed was observed1 criminals condemned to death should be used and1 if they were revived1 they should be 8pardoned0 to concentration camp for life4 7#aiga-;,b-,,ps1 ,pros4 ,ex4 #ea47 ,rascher apparently construed this order to apply to the freezing experiments also4 ,on #bj ,october #aidb1 ,rascher advised ,rudolf ,brandt that until then only ,poles and ,russians had been used for such experiments and that only some of these persons had been condemned to death4 ,he inquired whether ,himmler's 8amnesty0 applied to ,russians and ,poles4 7#aiga-;,d-,,ps1 ,pros4 ,ex4 #eb47 ,brandt told him that it did not apply4 7#aiga-;,e-,,ps1 ,pros4 ,ex4 #ec47 ,dry-freezing experiments were carried out by ,rascher in ,january1 ,february1 and ,march #aidc4 ,one experimental subject was placed on a stretcher at night and exposed to the cold outdoors4 ,he was covered with a linen sheet1 but a bucket of cold water was poured over him every hour4 ,he remained outdoors until the morning and then his temperature was taken with a thermometer4 ,in the next series the experimental plan was changed1 and experimental persons had to remain naked outdoors for long hours without being covered up at all4 ,one series was carried out on #aj prisoners who had to remain outdoors overnight4 ,rascher himself was present during approximately #ah to #bj experiments of that type4 ,approximately three experimental subjects died as a result of the dry-freezing experiments4 7,tr4 pp4 #fcf-g47 ,on the order of ,grawitz and ,rascher1 a mass experiment on #ajj experimental subjects was to be carried out4 ,as ,rascher was not present1 ,neff was in the position to frustrate the experiment by taking the experimental subjects indoors1 and therefore no deaths occurred during this experimental series4 ,the longest period that experimental subjects were kept outdoors in the cold was from #f p4 m4 of one day to #i a4 m4 of the following morning4 ,the lowest temperature ,neff can recollect during the dry-freezing experiments was #be body temperature4 ,as ,rascher had prohibited that experiments were to be carried out under anaesthetics1 the experimental subjects suffered great pain and screamed to such an extent that it was impossible to carry out further experiments4 ,rascher therefore requested ,himmler's permission to carry out such experiments in the future in the ,auschwitz concentration camp4 ,non-,german nationals and political prisoners were among the experimental subjects4 ,none of them was sentenced to death4 ,they had not volunteered for the experiments4 7,tr4 pp4 #fcg-i47 ,in connection with the freezing experiments1 ,neff further testified that in ,september #aidb he received orders from ,sievers to take the hearts and lungs of five experimental subjects who had been killed in the experiments to ,professor ,hirt in ,strasbourg for further scientific study4 ,the travel warrant for ,neff had been made out by ,sievers1 and the ,ahnenerbe ,society paid the expenses for the transfer of the bodies4 ,one of the five experimental subjects killed had been a ,dutch citizen4 7,tr4 p4 #fcc47 ,sievers visited the experimental station quite frequently during the freezing experiments4 7,tr4 p4 #fce47 ,neff's testimony is corroborated by the affidavits of the defendants ,rudolf ,brandt and ,becker-,freyseng 7,,no-#bdb1 ,pros4 ,ex4 #hj2 ,,no-#ddh1 ,pros4 ,ex4 #ha7 and the testimony of the witness ,lutz 7,tr4 pp4 #bff-gf71 ,vieweg 7,tr4 p4 #dca71 and ,michalowsky 7,tr4 pp4 #hgh-hc71 and by the documentary evidence in the record4 ,on #ae ,june #aidb1 ,rascher informed ,himmler that the ,inspector of the ,medical ,service of the ,luftwaffe1 ,hippke1 sought permission for cold experiments to be conducted by ,rascher and ,holzloehner in the ,dachau concentration camp4 7,,no-#bhc1 ,pros4 ,ex4 #hb47 ,on #aj ,september #aidb1 ,rascher submitted his first intermediary report on the freezing experiments to ,himmler4 ,in the covering letter ,rascher stated that ,holzloehner1 who participated in the execution of the experiments on behalf of the ,luftwaffe1 intended to lecture on the subject of freezing in the 8cold conference0 of the ,luftwaffe on #bf-bg ,october in ,nuernberg4 ,rascher informed ,himmler that 8,sievers1 who surveyed the experiments in ,dachau last week1 believed that if any report was to be made at a meeting1 ,i should be called upon to submit the report40 7,,no-#bcd1 ,pros4 ,ex4 #hc47 ,the intermediary report itself shows on its face that fatalities occurred as a result of the ,rascher-,holzloehner-,finke experiments and advocated rapid rewarming of severely chilled persons4 ,rascher considered that rewarming with animal heat would be too slow1 and that experiments in this respect would be unnecessary4 ,he voiced a similar opinion as to the use of drugs for the purpose of rewarming4 7#afah-,,ps1 ,pros4 ,ex4 #cd47 ,himmler1 when acknowledging the receipt of ,rascher's report on #bb ,september1 directed nevertheless that the experiment with rewarming by means of drugs and body heat should be made4 ,a copy of this order of ,himmler's was forwarded to ,sievers on #be ,september4 7#afaa-,,ps1 ,pros4 ,ex4 #he47 ,on the basis of this order ,rascher approached ,sievers to make arrangements for four female gypsies to be procured at once for the purpose of rewarming experimental subjects4 7,,no-#bhe1 ,pros4 ,ex4 #hf47 ,it was apparently ,sievers' effort in this regard which resulted in a series of telegrams to transfer these women from the ,ravensbrueck concentration camp to ,dachau4 ,rudolf ,brandt actually directed the transfer4 7#afai-,,ps1 ,pros4 ,ex4 #hg47 ,the four women arrived in ,november #aidb in ,dachau4 ,three of them were used for rewarming of frozen experimental subjects1 one being excluded because she was a 8,nordic0 type4 ,that the experimental subjects were not volunteers is plain from a remark of one of these women4 8,rather half a year in the brothel than half a year in the concentration camp40 7,,no-#cbc1 ,pros4 ,ex4 #id47 ,this series of experiments1 which was not only murderous but obscene1 was carried out by ,rascher between ,november #aidb and ,february #aidc4 ,his report to ,himmler reveals that one of the experimental subjects died as a result of this series of experiments4 7#afaf-,,ps1 ,pros4 ,ex4 #aje47 ,on #h ,october #aidb1 ,stabsarzt ,professor ,anthony of the ,medical ,inspectorate of the ,luftwaffe approached ,himmler with the information that the results of the wet-freezing experiments carried out by ,rascher in cooperation with ,holzloehner and ,finke were to be lectured upon by ,holzloehner during the 8cold conference0 on #bf-bg ,october in ,nuernberg4 7,,no-#bhf1 ,pros4 ,ex4 #hh1 compare ,,no-#bcd1 ,pros4 ,ex4 #hc47 ,on #af ,october ,rascher also asked ,himmler's permission to release the results of the freezing experiments during these 8cold conferences40 7,,no-#bbe1 ,pros4 ,ex4 #hi47 ,on the same day ,rascher submitted to ,himmler his final report on the freezing experiments as far as they had been carried out in collaboration with ,holzloehner and ,finke4 ,this report did not include experiments for rewarming by means of drugs and of animal body heat1 which at that time were still in progress4 7#afac-,,ps1 ,pros4 ,ex4 #ij47 ,this report on 8,cooling ,experiments on ,human ,beings0 by ,holzloehner1 ,rascher1 and ,finke1 corroborates fully the testimony of ,neff concerning this series of the wet-freezing experiments and proves that many fatalities occurred4 ,it shows that some of the experimental subjects were exposed to this terrible type of experimentation without receiving anesthetics1 which would have alleviated their pain considerably4 ,the sufferings of the experimental subjects were vividly described4 ,foam appeared round the mouths of the experimental subjects1 and breathing difficulties and lung oedema resulted4 ,the cooling of the neck and back of the head of the experimental subjects caused especially painful sensations4 ,progressive rigor1 which developed very strongly in the arm muscles1 cyanosis1 and total irregularity of the heart activity were the symptoms observed by the experimenters4 ,hot baths were advocated as the best treatment for severely chilled persons4 ,fatalities resulted from heart failure and brain oedema1 and measures for protection against such results were discussed at great length4 7,,no-#dbh1 ,pros4 ,ex4 #ia47 ,sievers denied that ,rascher reported to him on the freezing experiments but admitted that he received occasionally ,rascher's reports from ,himmler4 7,tr4 pp4 #efhd-e47 ,but by the testimony of the witness ,neff it is not only proved that ,rascher submitted to the ,ahnenerbe monthly1 quarterly1 and semi-annual reports1 describing in detail the nature and status of his experimental research 7,tr4 p4 #fce71 but also that the final report of ,rascher1 ,holzloehner1 and ,finke 7,,no-#adbh1 ,pros4 ,ex4 #ia7 was forwarded to him4 7,tr4 p4 #fha47 ,on #bd ,october ,himmler acknowledged the receipt of this report which he had read 8with great interest0 and charged ,sievers with arrangements for 8the possibility of evaluation at institutes which are connected with us40 7#afji-,,ps1 ,pros4 ,ex4 #ib47 ,on #bf and #bg ,october #aidb1 the conference on 8,medical ,problems ,arising from ,distress at ,sea and ,winter ,hardships10 sponsored by the ,inspector of the ,medical ,service of the ,luftwaffe1 ,hippke1 under the chairmanship of ,anthony and with the assistance of ,becker-,freyseng1 took place in ,nuernberg4 ,at this conference ,holzloehner delivered his lecture on the freezing experiments under the title 8,prophylaxis and ,treatment of ,freezing in ,water40 ,the very detailed clinical observations described by him excluded the possibility that only observations on human beings who were rescued had been made1 and made it clear that experiments on human beings had been conducted4 7,,no-#dja1 ,pros4 ,ex4 #ic47 ,moreover1 ,rascher made a statement following ,holzloehner's lecture1 which clearly revealed that the experiments had been carried out on concentration camp inmates4 ,this report caused a sensation among the officials present at the lecture4 ,it was made clear that deaths had occurred4 7,tr4 p4 #bgb47 ,sievers has denied having received a report on this conference 7,tr4 p4 #efhi71 but the entry of #ab ,january in his diary for the year #aidc shows that he discussed with ,rascher the 8procurement of memoranda on the conference concerning the effects of cold in ,nuernberg40 7,,no-#ech1 ,pros4 ,ex4 #abb47 ,on #f ,november #aidb1 ,rascher forwarded a memorandum to ,himmler's personal staff1 the office of the defendant ,rudolf ,brandt1 regarding cooperation with ,dr4 ,craemer of the ,medical ,research ,station for ,mountain ,medical ,troops at ,st4 ,johann4 ,this was a school subordinated to ,handloser as ,army ,medical ,inspector4 ,in this memorandum ,rascher advocated dry-freezing experiments on concentration camp inmates in the mountain region of ,bayrischzell4 ,the purpose was to investigate whether injuries of the extremities due to freezing would have a better prognosis on persons accustomed to cold than on persons unaccustomed to it4 ,rascher said that ,craemer had heard the report in ,nuernberg and was very enthusiastic about the experiments4 ,he requested to see some in progress4 7,,no-#cai1 ,pros4 ,ex4 #if2 #aegi-,,ps1 ,pros4 ,ex4 #ig47 ,himmler gave his permission for this type of dry-freezing experiment in an order dated #ac ,december #aidb1 in which he lists ,rascher's assignment for the execution of high-altitude and three different types of freezing experiments4 ,copies of this order were submitted to various ,,ss agencies and to the ,ahnenerbe ,society4 7#afab-,,ps1 ,pros4 ,ex4 #gi47 ,himmler's letter contained the following directive3 8#e4 ,the procurement of the apparatus needed for all the experiments should be discussed in detail with the offices of the ,reichsarzt ,,ss1 of the ,main ,office for ,economic ,administration1 and with the ,ahnenerbe4 99 99 990 ,the evidence proves that prior to #ba ,october #aidc1 ,rascher received an assignment from ,blome of the ,reich ,research ,council to conduct open-air freezing experiments4 7,,no-#dcb1 ,pros4 ,ex4 #aai47 ,sievers aided ,rascher in the matter of obtaining the location and personnel for these experiments4 7#cedf-,,ps1 ,pros4 ,ex4 #abc47 ,on #ac ,january #aidc1 ,rascher had a conference with ,grawitz and the defendant ,poppendick concerning the freezing experiments4 ,in this conference ,rascher's freezing experiments were discussed in detail4 ,he stressed the point that he was working with the ,ahnenerbe and that he reported to the ,ahnenerbe4 ,the documentary note of ,rascher's on this conference shows on its face that wet-freezing experiments had been conducted by him and that ,grawitz requested him to carry out further freezing experiments with dry cold until he would 8have a few hundred cases40 ,this documentary note was forwarded by ,sievers to the defendant ,rudolf ,brandt on #bh ,january4 7,,no-#cbj1 ,pros4 ,ex4 #ajc47 ,in his covering letter ,sievers requested ,brandt's opinion as to what attitude he and ,rascher were to take in respect of their position to ,grawitz1 with the implied request that ,brandt should strengthen his position with ,grawitz1 who considered it 8an unbearable situation to have a non-physician give information on medical matters40 ,what ,sievers wanted to achieve was an intervention of ,brandt with ,himmler on his behalf and1 therefore1 he stressed his personal importance by saying3 8,my duty merely consists in smoothing the way for the research men and seeing that the tasks ordered by the ,reich ,leader ,,ss are carried out in the quickest possible way4 ,on one thing ,i certainly can form an opinion--that is1 on who is doing the quickest job4 8,if things are to go on in the future as ,,ss ,gruppenfuehrer ,grawitz desires1 ,i am afraid that ,dr4 ,rascher's work will not continue to advance as fast and unhampered as hitherto40 7,,no-#cbj1 ,pros4 ,ex4 #ajc47 ,on #ag ,february1 ,rascher forwarded his report on the results of the experiment in which animal warmth was used for the rewarming of severely chilled persons4 7#afaf-,,ps1 ,pros4 ,ex4 #aje47 ,in his accompanying letter to ,himmler1 he informed him that he was conducting dry-cold experiments in ,dachau4 ,thirty experimental subjects had been experimented upon and had been exposed to cold out of doors from #i-ad hours1 thereby reducing their body temperature to #bg-bi ,c4 ,the extremities of the experimental subjects were frozen white4 ,rascher suggested a large series of experiments in the ,auschwitz concentration camp4 ,this place would be suitable for such experimentation because it was colder there1 and the spacious open country within the camp 8would make the experiments less conspicuous1 as the experimental subjects yell when they freeze severely40 ,emphasis supplied4 7#afaf-,,ps1 ,pros4 ,ex4 #aje47 ,himmler gave ,rascher permission to carry out additional freezing experiments in the concentration camps ,auschwitz and ,lublin4 7#afae-,,ps1 ,pros4 ,ex4 #aji47 ,rascher's letter to the defendant ,rudolf ,brandt1 dated #d ,april #aidc1 reveals that another series of dry-freezing experiments had been carried out on inmates of the ,dachau concentration camp during a period of heavy frost weather4 ,some of the experimental subjects were exposed to cold of -#f ,c4 in the open air for #ad hours and had reached an internal temperature of #be ,c4 7,,no-#bib1 ,pros4 ,ex4 #aaa47 ,the three fatalities which1 according to ,neff's testimony1 resulted from the dry-freezing experiments1 apparently occurred during this series of experiments4 7,tr4 pp4 #fcg-h47 ,on #aa ,april #aidc1 ,rascher submitted to ,himmler a brief report concerning 8freezing experiments on human beings exposed to the open air40 7,,no-#bdj1 ,pros4 ,ex4 #aab47 ,the report itself is not available1 but the letter of the defendant ,rudolf ,brandt of #af ,april to ,rascher proves that the defendant ,gebhardt received it from ,himmler for study4 7,,no-#bda1 ,pros4 ,ex4 #aac47 ,a conference between ,rascher and the defendant ,gebhardt took place in ,hohenlychen on #ad ,may in the presence of the defendant ,fischer4 ,gebhardt discussed with ,rascher the freezing experiments and other experimentation carried out in the ,dachau concentration camp and invited ,rascher to collaborate with him4 ,rascher feared to lose his independence and turned to ,sievers to settle this affair in a tactful way as ,gebhardt was a very close friend of ,himmler1 and ,rascher1 therefore1 feared his eventual enmity4 7,,no-#bca1 ,pros4 ,ex4 #aaf47 ,sievers1 in turn1 approached ,brandt in this matter on #bb ,may and requested information whether ,himmler had given any definite directive to ,gebhardt in regard to ,rascher's sphere of action and work4 ,he further asked ,brandt's intervention on behalf of ,rascher by saying3 8,i entrust you with this affair and ask you particularly to use it only for your strict personal information so that ,dr4 ,rascher does not encounter any difficulties with ,,ss ,gruppenfuehrer ,professor ,dr4 ,gebhardt40 7,,no-#bfg1 ,pros4 ,ex4 #aag47 ,when ,rascher visited ,gebhardt in ,hohenlychen1 the latter encouraged him to embark upon a career of university lecturer4 7,,no-#bca1 ,pros4 ,ex4 #aaf47 ,rascher followed this suggestion and ,sievers supported him wholeheartedly and collaborated with the defendants ,brandt and ,blome to have ,rascher appointed university lecturer4 7,,no-#bbi1 ,pros4 ,ex4 #aah2 ,,no-#bij1 ,pros4 ,ex4 #aba47 ,that ,rascher's thesis for habilitation was based on the freezing and high-altitude experiments is proved by ,rascher's memorandum on his medical training which he wrote for the purpose of his habilitation 7,,no-#bcj1 ,pros4 ,ex4 #aae7 and other evidence in the record4 7,,no-#bdj1 ,pros4 ,ex4 #aab47 c4 ,selections from the ,argumentation of the ,defense ,,extracts ,,from ,,the ,,closing ,,brief ,,for ,,defendant ,,sievers ,the ,freezing ,experiments ,freezing experiments on human beings were carried out in ,dachau concentration camp from the end of #aidb on4 ,it cannot be denied that a ruthless carrying-out of these experiments was liable to inflict torture and death upon the persons experimented on4 ,here1 too1 it seems necessary to distinguish between two groups of experiments4 ,one group comprises the experiments carried out by ,professor ,holzloehner1 ,dr4 ,rascher1 and ,dr4 ,finke1 and the other one1 those carried out by ,rascher alone4 ,the first group of experiments easily permits the assumption that the possible effects of the experiments on the persons subjected to them were taken into consideration4 ,after all that has become known about ,rascher by now1 the assumption is justified that1 during the experiments carried out by ,rascher alone1 considerations of the effect on life and health of the persons used were not of primary importance4 ,the only exceptions were probably the experiments ,rascher carried out in the presence of third persons who were not involved4 ,on the occasion of administrative conferences he had to attend in ,dachau1 ,sievers met ,professor ,holzloehner1 ,dr4 ,finke1 and ,rascher who had just finished a freezing experiment4 ,the person experimented on was placed under an arc of light ,lichtbogen4 ,that is all ,sievers saw of this experiment4 7,german ,tr4 p4 #efhd47 ,then ,sievers watched a second freezing experiment4 ,himmler had instructed ,professor ,hirt of ,strasbourg to have a look at ,rascher's work on freezing1 since he 7,himmler7 obviously had come to the conclusion that ,rascher alone was not sufficient for the clarification of these scientifically extensive and difficult questions4 ,for this experiment a professional criminal was introduced whom a regular court had sentenced to death for robbery and murder4 ,sievers and ,dr4 ,hirt made sure about this by examining the files of the criminal police department of the ,dachau concentration camp4 ,dr4 ,hirt then asked the person to be experimented on whether he realized that the experiment might prove fatal to him4 ,the person to be experimented on answered in the affirmative4 ,by personally questioning the person to be experimented on1 ,sievers then made sure that he agreed to the experiment4 ,the person in question answered in the affirmative and added3 8,if it does not hurt40 ,this assurance could be given since the experiment was carried out under full narcosis4 ,sievers did not take part in the entire experiment1 but he saw that it was carried out under full narcosis4 7,german ,tr4 pp4 #efhe-hf47 ,the witness ,dr4 ,punzengruber1 at that time an inmate of the ,dachau concentration camp and from #aidb-aidc assigned to ,dr4 ,rascher's station as a chemist1 confirms that the person used had been condemned to death4 ,the same witness confirms that ,sievers was not present during other freezing experiments4 ,dr4 ,punzengruber could establish this because his laboratory was located next to the room where ,dr4 ,rascher carried out his experiments4 7,affidavit of ,dr4 ,punzengruber1 #ad ,march #aidg47 ,a further presence of ,sievers at freezing experiments has not occurred and has not been claimed from any side4 ,in order to prove ,sievers' participation in the freezing experiments1 the prosecution pointed out the following documents3 ,rascher's letter of #aj ,september #aidb to ,himmler4 8,,ss ,obersturmbannfuehrer ,sievers1 who observed the experiments in ,dachau last week1 is of the opinion that if during a convention there would be a report at all1 ,i1 too1 would have to be called in for reporting40 7,,no-#bcd1 ,pros4 ,ex4 #hc47 ,himmler's letter of #bb ,september #aidb to ,rascher in which the former instructs ,rascher to carry out experiments in quick increase of body temperature and increase of body temperature through medicaments and animal heat medikamentanimalische ,erwaermung1 ,sievers received a copy of this letter for information on #be ,september #aidb4 7#afaa-,,ps1 ,pros4 ,ex4 #he47 ,rascher's letter of #c ,october #aidb to ,dr4 ,r4 ,brandt which contains the information that he 7,rascher7 had asked ,sievers to transmit at once a teletype communication to the camp commander stating that four female gypsies from another camp must be procured immediately2 that furthermore he had asked ,sievers to take steps to have the low-pressure chamber put at his disposal2 he finally mentioned that he informed ,sievers about the failure of the planned report to ,field ,marshal ,milch4 7,,no-#bhe1 ,pros4 ,ex4 #hf47 ,sievers' note of #f ,november #aidb concerning ,rascher's transfer to the ,,ss4 7,,no-#bhh1 ,pros4 ,ex4 #ie47 ,letter1 dated #ab ,january #aidc1 from the ,reich ,chief ,manager ,reichsgeschaeftsfuehrer of ,ahnenerbe to ,,ss ,obergruppenfuehrer ,wolff1 concerning ,rascher's transfer to the ,waffen ,,ss4 7,,no-#bcf1 ,pros4 ,ex4 #aja47 ,letter1 dated #bh ,january #aidc1 from the ,reichsgeschaeftsfuehrer of ,ahnenerbe to the personal staff of the ,reich ,leader ,,ss concerning the taking of ,dr4 ,rascher's work under the protection of ,ahnenerbe in pursuance of ,dr4 ,rascher's conversation on #ac ,january #aidc with the ,chief ,reich ,physician ,reichsarzt of the ,,ss1 ,dr4 ,grawitz4 7,,no-#cbj1 ,pros4 ,ex4 #ajc47 ,note1 dated #d ,february #aidc1 of the ,reichsgeschaeftsfuehrer of ,ahnenerbe concerning ,dr4 ,rascher's report to the medical inspection ,sanitaetsinspekteur of the ,luftwaffe on his activities since he was declared unassigned zur ,disposition4 ,furthermore ,rascher should go to ,,ss ,obersturmbannfuehrer ,professor ,dr4 ,pfannenstiel on #g ,february #aidc4 7,,no-#bch1 ,pros4 ,ex4 #ajd47 ,letter1 dated #ag ,may #aidc1 from ,dr4 ,rascher to the ,reichsgeschaeftsfuehrer of ,ahnenerbe concerning ,rascher's statement on his report to ,,ss ,gruppenfuehrer ,professor ,dr4 ,gebhardt on #ad ,may #aidc4 7,,no-#bca1 ,pros4 ,ex4 #aaf47 ,letter1 dated #bb ,may #aidc1 from the ,reichsgeschaeftsfuehrer of ,ahnenerbe to ,dr4 ,r4 ,brandt concerning ,rascher's statement on his report to ,,ss ,gruppenfuehrer ,professor ,dr4 ,gebhardt4 7,,no-#bfg1 ,pros4 ,ex4 #aag47 ,letter1 dated #bg ,september #aidc1 from the ,reichsgeschaeftsfuehrer of ,ahnenerbe to ,dr4 ,brandt concerning ,dr4 ,rascher's establishment as a college professor 7,habilitation74 7,,no-#bbi1 ,pros4 ,ex4 #aah47 ,letter1 dated #ba ,march #aidd1 from the ,reichsgeschaeftsfuehrer of ,ahnenerbe to ,dr4 ,r4 ,brandt concerning the establishment of ,dr4 ,rascher as a college professor4 7,,no-#bij1 ,pros4 ,ex4 #aba47 ,the prosecution furthermore refers to the testimony given on #ag and #ah ,december #aidf by witness ,neff4 ,neff testified that ,sievers frequently was at the experimental station2 that during experiments he was present several times2 that1 however1 he could not remember whether ,sievers had been present during experiments which ended fatally4 ,the prosecution furthermore accuses ,sievers of having procured female concentration camp inmates to be used in the rewarming experiments ,wiedererwaermungsversuche4 ,in this connection the following was submitted3 ,letter1 dated #c ,october #aidb1 from ,dr4 ,rascher to ,dr4 ,brandt3 899 99 99 ,today ,i asked ,obersturmbannfuehrer ,sievers to pass on immediately a teletype communication to the camp commander in which is stated that four female gypsies must be procured from another camp at once40 7,,no-#bhe1 ,pros4 ,ex4 #hf47 ,telephone call ,fernspruch of #g ,october #aidb from camp commander ,weiss to ,dr4 ,brandt1 concerning the putting at the disposal of staff physician ,stabsarzt ,dr4 ,rascher 8of the four women for experimental purposes as ordered by the ,reich ,leader ,,ss04 7#afai-,,ps1 ,pros4 ,ex4 #hg47 ,teletype communication1 dated #h ,october #aidb1 to ,,ss ,brigadefuehrer ,gluecks1 concerning the departure from their original station of 8the four women ordered by the ,reich ,leader ,,ss04 ,dr4 ,rascher's report of #e ,november #aidb on concentration camp prostitutes ,,kl-,dirnen4 ,refusal1 on account of her ,nordic racial characteristics1 to use one of those women1 and corresponding report to the camp commander and to the adjutant of the ,reich ,leader ,,ss4 7,,no-#cbc1 ,pros4 ,ex4 #id47 ,witness ,neff estimates that #aj women from the ,ravensbrueck concentration camp were put at disposal for experiments with body heat animalische ,waerme4 7,german ,tr4 p4 #fcb47 ,the following is to be said to the prosecution's accusation that ,sievers played an important part in procuring female concentration camp inmates to be used for the rewarming of persons used in experiments3 ,nowhere1 except in the letter1 dated #c ,october #aidb1 from ,dr4 ,rascher to ,dr4 ,brandt does there exist any indication that such an assumption might be justified4 ,but this letter only states that ,dr4 ,rascher had asked ,obersturmbannfuehrer ,sievers immediately to pass on to the camp commander a teletype communication reporting that four female gypsies must be procured from another camp at once4 7,,no-#bhe1 ,pros4 ,ex4 #hf47 ,the fact that the order to carry out experiments concerning the increase of temperature through medicaments and body heat medikamentanimalische ,erwaermung was given by ,himmler is proved beyond doubt by #afaa-,,ps1 ,prosecution ,exhibit #he4 ,furthermore1 ,i point to the interrogation of ,dr4 ,romberg4 7,german ,tr4 pp4 #fhfd-fe47 ,sievers claims not to have done anything in this connection since the orders originated with ,himmler himself4 ,consequently there was nothing caused by his own initiative4 7,german ,tr4 pp4 #efhe-hf47 ,at that time ,rascher was at ,dachau concentration camp most of the time1 while ,sievers came there very rarely4 ,therefore it was much easier for ,rascher than for ,sievers to inform the camp commander of his wishes4 ,rascher refused to use one of the four women for experiments in rewarming through body heat because this woman possessed beyond doubt the characteristics of the ,nordic race4 ,rascher reported this to the camp commander and to the adjutant of the ,reich ,leader ,,ss4 7,,no-#cbc1 ,pros4 ,ex4 #id47 ,in this connection1 too1 ,sievers did not play any part4 ,the prosecution furthermore accuses ,sievers of taking part in ,dr4 ,rascher's dry-freezing experiments ,trockenkaelteversuche4 ,sievers is not mentioned in the following documents submitted in this connection3 ,,no-#cai1 ,pros4 ,ex4 #if2 #aegi-,,ps1 ,pros4 ,ex4 #ig2 ,,no-#dca1 ,pros4 ,ex4 #ii2 #aehj-,,ps1 ,pros4 ,ex4 #ajg2 #afae-,,ps1 ,pros4 ,ex4 #aji2 ,,no-#bib1 ,pros4 ,ex4 #aaa2 ,,no-#bdj1 ,pros4 ,ex4 #aab2 ,,no-#bda1 ,pros4 ,ex4 #aac2 ,,no-#dcb1 ,pros4 ,ex4 #aai4 ,these letters are neither addressed to him nor signed by him4 ,neither have copies of them reached him nor have they passed through his hands4 ,the letter1 dated #ab ,january #aidc1 from the ,reichsgeschaeftsfuehrer of ,ahnenerbe to ,,ss ,obergruppenfuehrer ,wolff1 contains the following passage3 8,since the freezing experiments depend on the season1 valuable time is lost as long as ,dr4 ,rascher is not available40 7,,no-#bcf1 ,pros4 ,ex4 #aja47 ,the witness ,neff did not testify that ,sievers knew of the dry-freezing experiments ,trockenkaelteversuche4 ,sievers knew through ,himmler's order of #ac ,december #aidb1 that ,rascher was supposed to carry out dry-freezing experiments4 7#afab-,,ps1 ,pros4 ,ex4 #gi47 ,only during this trial did ,sievers come to know that ,rascher carried out such experiments in ,dachau4 ,himmler had ordered these experiments to be carried out on the terrain of ,berghaus ,sudelfeld4 ,they were planned for the winter of #aidc-dd4 ,sievers faked inquiries as a result of which the terrain at ,sudelfeld was supposed to be unsuited and by this he succeeded in not having the dry-freezing experiments carried out during the winter of #aidc-dd4 ,the experiments1 which ,himmler then ordered for the winter of #aidd-de1 did not take place because ,rascher was arrested in the spring of #aidd4 7,german ,tr4 pp4 #efhi-ij47 ,since the dry-freezing experiments in the mountains1 ordered by ,himmler1 did not take place at all1 ,sievers can rightfully claim to have helped to prevent them4 ,the freezing experiments which1 beginning at the end of ,august #aidb1 were carried out in ,dachau concentration camp1 originated from a scientific research order the medical inspector ,inspekteur des ,sanitaetswesens of the ,luftwaffe had given ,stabsarzt ,professor ,dr4 ,holzloehner on #bd ,february #aidb4 ,at ,stabsarzt ,dr4 ,rascher's suggestion1 corresponding experiments were carried out on human beings4 ,for this research work an experimental group 8,seenot0 78,hardships at sea071 consisting of ,professor ,dr4 ,holzloehner as chief1 and ,stabsarzt ,dr4 ,rascher and ,dr4 ,finke1 was organized4 7,,no-#bhf1 ,pros4 ,ex4 #hh2 ,,no-#bfh1 ,pros4 ,ex4 #ajf2 ,,no-#bcj1 ,pros4 ,ex4 #aae47 ,the freezing experiments were carried out in agreement with the ,reich ,leader ,,ss4 7,,no-#bhf1 ,pros4 ,ex4 #hh47 ,in his letter1 dated #ai ,february #aidc1 the medical inspector of the ,luftwaffe thanks the ,reich ,leader ,,ss for the great help which the cooperation with the ,,ss afforded in carrying out the research work4 7,,no-#bfh1 ,pros4 ,ex4 #ajf47 ,on #f ,march #aidc the medical inspector of the ,luftwaffe confirmed in a letter to ,obergruppenfuehrer ,wolff that he had at once agreed to freezing experiments on human beings4 7,,no-#bfb1 ,pros4 ,ex4 #ajh47 ,the prosecution argues that ,sievers gave special support to ,rascher as a person and thus he revealed that he also wanted to support ,rascher's experiments4 ,therefore reason exists for comment on ,rascher's personality and ,sievers' attitude toward him4 ,dr4 ,rascher was staff physician 7,stabsarzt ,captain1 ,m4 ,c47 of the ,luftwaffe reserve and at the same time a member of the general ,,ss1 holding the rank of an ,,ss ,hauptsturmfuehrer4 ,in a well-planned scheme he always put this last mentioned position and his direct connection with ,himmler in the foreground4 ,orally or in writing he submitted all his wishes to ,himmler2 to him directly did he send the reports on his work4 ,he referred to ,himmler whenever he wanted to assert himself and his work before other official agencies such as1 for example1 the ,luftwaffe4 ,he appealed to ,himmler when the chief physician of the ,,ss ,reichsarzt ,,ss ,dr4 ,grawitz1 and ,professor ,dr4 ,gebhardt1 did not give him the recognition and the support he believed were due him4 ,through ,himmler he tried to effect his establishment as a university lecturer4 7,,no-#bhc1 ,pros4 ,ex4 #hb2 ,,no-#bcd41 ,pros4 ,ex4 #hc2 ,,no-#cbj1 ,pros4 ,ex4 #ajc2 #afaf-,,ps1 ,pros4 ,ex4 #aje2 #aehj-,,ps1 ,pros4 ,ex4 #ajg2 ,,no-#bgj1 ,pros4 ,ex4 #aaj2 ,,no-#bdj1 ,pros4 ,ex4 #aab47 ,there can be no doubt that on account of his protection by ,himmler he showed an autocratic mind toward his surroundings and also toward his military superiors1 brutality toward his inferiors1 and disgusting servility toward his protector1 ,himmler4 7,german ,tr4 p4 #fgd47 ,in the ,dachau concentration camp he was able to move without restrictions and without control by accompanying guards4 ,this was impossible for occasional visitors like ,sievers4 7,german ,tr4 p4 #efgb2 ,german ,tr4 p4 #ecbj2 ,german ,tr4 pp4 #fedb-dc2 ,german ,tr4 p4 #hfbj2 ,german ,tr4 pp4 #hfig and #hhhg-hh2 ,beiglboeck #ca1 ,beiglboeck ,ex4 #ab47 ,holding the rank of a commanding general1 the medical inspector of the ,luftwaffe deemed it advisable to assure ,,ss ,obergruppenfuehrer ,wolff in his letter of #f ,march #aidc that he 8would discuss the entire problem in old comradeship with ,rascher personally40 7,,no-#bfb1 ,pros4 ,ex4 #ajh47 ,a commanding general deemed it advisable to adopt this attitude1 contrary to all military customs1 toward a staff physician because by this conciliatory attitude1 inconceivable under other circumstances1 he wanted to avoid a controversy with the latter on account of the latter's connections with ,himmler4 ,what ,rascher thought of ,medical ,inspector ,dr4 ,hippke's attitude is revealed in the letter of #ad ,march #aidc to ,dr4 ,rudolf ,brandt in which he states3 8,i would like to point out the extraordinary amiability of the inspector and his carefulness in all remarks relating to the ,,ss40 7,,no-#bgj1 ,pros4 ,ex4 #aaj47 ,to make sure that ,himmler would under all circumstances be informed about ,rascher's conference with ,medical ,inspector ,hippke1 he continues3 8,may ,i respectfully ask to inform1 wherever that seems necessary to you1 the ,reich ,leader ,,ss of my report40 7,,no-#bgj1 ,pros4 ,ex4 #aaj47 ,the statement that ,witness ,dr4 ,punzengruber made about ,rascher is very characteristic3 8,his 7,rascher's7 connections were so strong that practically every important superior trembled in fear of the intriguing ,rascher1 who consequently held a position of enormous power40 7,sievers #dd1 ,sievers ,ex4 #de47 ,rascher's servility toward ,himmler is already revealed by the bombastic phrases with which he closes his letters to ,himmler4 ,to give a few examples only3 ,letter dated #ag ,february #aidc1 from ,rascher to ,himmler3 8,with most obedient regards ,i remain in honest gratitude with ,heil ,hitler your very devoted ,s4 ,rascher40 7#afaf-,,ps1 ,pros4 ,ex4 #aje47 ,letter1 dated #aa ,april #aidc1 from ,rascher to ,himmler3 8,with most obedient regards and ,heil ,hitler ,i remain always1 devoted to you in gratitude1 your ,s4 ,rascher40 7,,no-#bdj1 ,pros4 ,ex4 #aab47 ,letter1 dated #aj ,september #aidb1 from ,rascher to ,himmler3 8,in grateful admiration with ,heil ,hitler your very devoted ,s4 ,rascher40 7,,no-#bcd1 ,pros4 ,ex4 #hc47 ,the picture of ,rascher is completed by the testimony that personally he went to the highest authorities only4 7,german ,tr4 p4 #giff47 ,sievers is also brought into connection with ,dr4 ,rascher's attempt to establish himself as a university lecturer4 ,in his 8educational history0 8,ausbildungsverlauf0 ,rascher mentions that the ,reich ,leader ,,ss 7,himmler7 ordered him to establish himself as a university lecturer with one of his two papers3 8,attempts at ,rescue from ,high ,altitude0 8,versuche zur ,rettung aus grossen ,hoehen0 and 8,attempts at the ,saving of ,frozen ,humans0 8,versuche zur ,rettung ausgekuehlter ,menschen04 7,,no-#bcj1 ,pros4 ,ex4 #aae47 ,by a letter1 dated #ab ,august #aidc1 from ,dr4 ,rudolf ,brandt of the personal staff of the ,reich ,leader ,,ss1 ,sievers is entrusted with this affair4 ,this letter is not at our disposal4 ,on #bg ,september #aidc1 that is after more than #f weeks1 ,sievers answers that he introduced ,rascher to ,professor ,dr4 ,blome and ,,ss ,brigadefuehrer ,mentzel4 ,the former had talked to ,professor ,dr4 ,pfannenstiel of ,marburg4 ,on #ba ,march #aidd1 that is almost #f months after the letter just mentioned1 ,sievers reports to ,dr4 ,brandt on the further development of the case of ,dr4 ,rascher's establishment as a university lecturer4 ,the attempt in ,marburg had failed and consequently they would have to try to establish ,rascher as a lecturer at ,strasbourg ,university4 7,,no-#bij1 ,pros4 ,ex4 #aba47 ,rascher's arrest freed ,sievers from the necessity of taking any further action4 ,the fact that ,sievers was involved1 as far as the establishment as a university lecturer is concerned1 not only in ,rascher's case1 is revealed1 for example1 by ,sievers' #aidc diary1 entry of #i ,february #aidc concerning the establishment as a lecturer of ,dr4 ,schuetrumpf 7,,no-#ech1 ,pros4 ,ex4 #abb72 furthermore1 entry of #bb ,february #aidc concerning the establishment as a lecturer of ,dr4 ,rudolph2 furthermore1 ,sievers' #aidd diary1 entry of #bb ,february #aidd1 concerning the establishment as a lecturer of ,dr4 ,schmidt-,rohr4 7#cedf-,,ps1 ,pros4 ,ex4 #abc47 ,if1 in case of ,rascher's establishment as a lecturer1 ,sievers was acting only as in other similar cases of members of ,ahnenerbe1 then this was one of his tasks as ,reich manager ,reichsgeschaeftsfuehrer of ,ahnenerbe and he cannot be charged with special activity on ,rascher's behalf4 99 99 99 99 99 ,there is no indication that ,sievers had known1 before the experiments started1 that they could become immoderate or inhuman4 ,neither as far as planning nor as far as the direction was concerned nor in any other way had ,sievers anything to do with the carrying out of the experiments4 ,furthermore the question must be answered whether ,sievers did not gain knowledge through ,rascher's reports1 which he received while the experiments were carried out1 of the criminal character of ,rascher's experiments4 ,the prosecution submitted the following reports of ,dr4 ,rascher3 ,final report1 dated #aj ,october #aidb1 of ,professor ,dr4 ,holzloehner1 ,dr4 ,finke1 ,dr4 ,rascher 7,,no-#dbh1 ,pros4 ,ex4 #ia47 ,interim report1 dated #ae ,august #aidb1 of ,dr4 ,rascher4 7#afah-,,ps1 ,pros4 ,ex4 #hd47 ,report1 dated #ag ,february #aidc1 of ,dr4 ,rascher4 7#afaf-,,ps1 ,pros4 ,ex4 #aje47 ,these reports were sent by ,rascher directly to ,himmler as can be ascertained from the documents themselves or from the accompanying letters4 ,none of the documents indicates that a copy of the reports went to the ,ahnenerbe or that they came to ,sievers' knowledge in some other way4 ,sievers denies that he obtained knowledge of these reports4 ,sievers did not take part in the conference of #bf-bg ,october #aidb1 as can be clearly seen from the list of those present4 7,,no-#dja1 ,pros4 ,ex4 #ic47 ,sievers1 also1 never received a written report on the conference4 ,also the secretary of many years' standing of the ,ahnenerbe1 the witness1 ,dr4 ,gisela ,schmitz1 has stated that she never saw reports about experiments of ,rascher4 ,since all the incoming mail was delivered first to her she would necessarily have seen any such reports4 7,sievers #de1 ,sievers ,ex4 #df47 ,even if ,sievers--as he did not--should have obtained knowledge of one or another of the reports1 he cannot be expected to have formed an independent opinion on the permissibility of human experiments from the point of view of medical professional ethics4 ,sievers had neither the power nor the opportunity to interfere with the sub-chilling experiments1 or to prevent them or bring them to a stop4 ,it must be pointed out again and again that ,sievers was competent only for administrative affairs4 ,everything that ,sievers could do for the prevention of the experiments was done4 ,in the cases of the experiments at ,dachau1 ,sievers' influence was nil4 ,on the other hand he was able to prevent some experimental activity on ,rascher's part by procrastinating the dry-cold experiments ,trockenkaelteversuche which should have been carried out in the mountains4 99 99 99 99 99 ,,extract ,,from ,,the ,,closing ,,brief ,,for ,,defendant ,,weltz ,document #cdc-;,a-,,ps1 ,prosecution ,exhibit #fb1 is the only document submitted in this connection freezing experiments and mentioning the name of ,professor ,weltz4 ,it is a letter by ,field ,marshal ,milch1 dated #bj ,may #aidb1 to ,,ss ,obergruppenfuehrer ,wolff1 ,chief of the ,personal ,staff1 ,reich ,leader ,,ss4 ,in this letter ,field ,marshal ,milch says that the high-altitude experiments were completed and that there was no real reason for their continuation4 ,the letter continues3 8,the carrying out of experiments concerning the problem of distress at sea1 on the other hand1 is important2 they were prepared in direct agreement with the authorities4 ,oberstabsarzt ,weltz is instructed to carry them through and ,stabsarzt ,rascher is also made available for them until further notice40 ,obviously1 the prosecution intends to take this letter as basis for the assertion that ,professor ,weltz participated in the planning and the carrying out of the experiments4 ,at the session of #h ,may #aidg1 7,tr4 p4 #gbcg7 the prosecutor referred to this letter and drew the conclusion therefrom that ,field ,marshal ,milch1 pursuant to the information he had obtained from ,professor ,hippke on #bj ,may1 thought that ,rascher still belonged to the office of ,weltz in ,munich and that ,professor ,weltz was entrusted with the carrying out of the freezing experiments for this reason4 ,if and to what extent ,field ,marshal ,milch was informed about the actual events may be left undecided4 ,it is merely established that ,professor ,hippke already knew at that time that ,stabsarzt ,rascher no longer belonged to the office of ,weltz4 ,this appears with certainty from ,,no-#bif1 ,prosecution ,exhibit #eh1 which is the letter of the ,medical ,inspector of the ,luftwaffe of #bg ,april #aidb to the ,chief of the ,personal ,staff of the ,reich ,leader ,,ss1 from the reply to ,wolff's application to ,hippke of #af ,april #aidb1 in which ,wolff asks for the extension of ,stabsarzt ,rascher's assignment to the ,,dvl 7,german ,research ,institute for ,aviation71 ,dachau ,branch4 ,there is1 therefore1 no doubt that on #bj ,may #aidb1 ,hippke knew that at that time ,rascher no longer belonged to ,weltz' office4 ,how it happened that the name of ,professor ,weltz was mentioned in this document was established by ,professor ,hippke's testimony as witness in the trial against ,erhard ,milch4 7,weltz #c1 ,weltz ,ex4 #g47 ,professor ,hippke testified in this connection that in a discussion at the beginning of ,june #aidb he was informed by ,rascher that the latter had received orders from the ,reich ,leader ,,ss 7,himmler7 to carry out freezing experiments4 ,a report on this conference is contained in ,,no-#bhc1 ,prosecution ,exhibit #hb4 ,supplementing this report1 ,rascher's report on his conference with ,professor ,hippke1 ,hippke himself testified that he was thinking of ,professor ,weltz because he knew that ,professor ,weltz--in his institute in ,munich--had been working on problems of freezing with animal experiments4 ,later1 he had abandoned this plan to ask ,professor ,weltz to cooperate in the carrying out of these experiments because he had become convinced that the theoretical work was not the point but the practical experience on freezing problems and that not ,professor ,weltz but ,professor ,holzloehner had the greater practical experience4 ,however1 it has been established that ,professor ,weltz never received such an order and also that he was not otherwise concerned in any way with the carrying out of the freezing experiments4 ,this is proved by the testimony of the defendant ,weltz in his own case1 7,tr4 #gajh-ji71 and by the affidavit of ,professor ,weltz' co-worker ,dr4 ,wendt4 7,weltz #bc1 ,weltz ,ex4 #ba47 ,for the rest1 ,weltz' name does not appear in any connection in any of the numerous documents relating to the problem of freezing experiments submitted by the prosecution4 ,on the contrary1 these documents show clearly who from the ,luftwaffe was actually ordered to carry out these experiments and who carried them out in ,dachau4 ,the fact that ,professor ,weltz was not even requested to participate in the planning of the freezing experiments1 appears clearly from ,document ,,no-#bhc1 ,prosecution ,exhibit #hb1 already discussed1 and above all without objection4 99 99 99 99 99 ,that ,professor ,weltz refused to participate in the experiments after he learned about them was firmly established on the other hand by the evidence submitted by the defense which in turn is supported by the documents submitted by the prosecution4 ,document #afaj-,,ps1 ,prosecution ,exhibit #gc1 submitted by the prosecution appears to have special weight as evidence in this connection4 ,it is ,rascher's letter to ,himmler of #i ,october #aidb4 ,in this letter ,rascher asks ,himmler to see to it that the apparatus necessary for chemical analysis be put at his disposal by laboratories not working to full capacity4 ,he points to the fact that the ,weltz ,institute does not make apparatus available to him1 as it was allegedly used there for freezing experiments with shaved cats1 and the institute needed these apparatus for its own use4 ,moreover1 the affidavit of the witness ,dr4 v4 ,werz 7,weltz #d1 ,weltz ,ex4 #aa7 according to which ,professor ,weltz refused to furnish apparatus for freezing experiments at ,dachau1 further proves this disapproval on the part of ,professor ,weltz of the freezing experiments carried out at ,dachau4 ,moreover1 it appears also from ,,no-#cfgd1 ,prosecution ,exhibit #edi4 ,here1 an attempt is made to procure the apparatus 7colorimeter7 which was not delivered by ,weltz from somewhere else4 ,from #afji-,,ps1 ,prosecution ,exhibit #ib1 it becomes apparent to what danger ,professor ,weltz exposed himself by his attitude against ,rascher4 ,it is a letter of the ,reich ,leader ,,ss of #bd ,october #aidb to ,rascher4 ,in it ,himmler acknowledges the receipt of ,rascher's letter1 dated #i ,october #aidb1 7#afaj-,,ps1 ,pros4 ,ex4 #gc7 mentioned above in which ,rascher complains about ,professor ,weltz' attitude4 ,in reply to this complaint ,himmler writes3 8,people who today still disapprove of human experiments and would rather have ,german soldiers die of the consequences of freezing ,i consider to be guilty of treason and high treason1 and ,i shall have no compunction to report the names of these gentlemen to the authorities concerned4 ,you are authorized by me to inform the offices concerned of this of my opinion40 ,from ,sievers' testimony in direct interrogation it appears1 unequivocally1 that this referred to ,professor ,weltz4 ,in this regard ,sievers declared the following3 8,i can only say this in respect to ,weltz himself1 for ,herr ,rascher1 as ,i already stated in reply to your question1 mentioned in this connection ,weltz as a participant40 ,the defendant ,sievers also declared that in view of ,rascher's character1 as known to him1 it could be expected that ,rascher would make use of the powers given him with respect to 8those guilty of treason and high treason10 among others also against ,professor ,weltz4 ,in the course of the cross-examination of ,weltz the prosecution intimated in a veiled manner that ,professor ,weltz might have moved objects and files or might have put apparatus at the disposal of the ,dachau experiments4 ,since the prosecution could not submit evidence of any weight in this respect it is unnecessary to go into this4 ,in the cross-examination itself it became apparent that all the files and apparatus were in existence at the end of the war and that ,weltz himself had made suggestions to hand over his institute in an orderly manner to the ,americans4 7,tr4 pp4 #gbda-gbdb47 99 99 99 99 99 d4 ,evidence ,prosecution ,documents ,pros4 ,doc4 ,no4 ,ex4 ,no4 ,description of ,document ,page ,,no-#bcd #hc ,letter from ,rascher to ,himmler1 #aj ,september #bai #aidb1 transmitting intermediate report on freezing experiments 7#afah-,,ps74 #afah-,,ps #hd ,intermediate report1 #aj ,september #aidb1 on #bbj intense chilling experiments in ,dachau concentration camp4 #afaa-,,ps #he ,letter from ,himmler to ,rascher and ,sievers1 #bb #bba ,september #aidb1 ordering rewarming in freezing experiments through physical warmth4 ,,no-#bhe #hf ,letter from ,rascher to ,rudolf ,brandt1 #c #bba ,october #aidb1 stating that ,sievers would obtain four gypsy women for rewarming through body warmth4 #afai-,,ps #hg ,teletype from commandant of ,dachau #bbc concentration camp to ,rudolf ,brandt1 #g ,october #aidb1 stating that four women would be available from ,ravensbrueck concentration camp for ,rascher's experiments4 ,,no-#bhf #hh ,letter from ,goering's office to ,himmler1 #h #bbc ,october #aidb1 with attached invitation to the conference on 8,medical ,problems ,arising from ,hardships of ,sea and ,winter40 #afac-,,ps #ij ,letter from ,rascher to ,himmler1 #af ,october #bbe #aidb1 transmitting report on cooling experiments on human beings 7,,no-#dbh74 ,,no-#dbh #ia ,report of #aj ,october #aidb1 on cooling #bbf experiments on human beings4 #afji-,,ps #ib ,letter from ,himmler to ,rascher1 #bd ,october #bdd #aidb1 and note by ,rudolf ,brandt4 ,,no-#cbc #id ,memorandum of ,rascher on women used for #bde rewarming warming in freezing experiments1 #e ,november1 #aidb4 ,,no-#cbj #ajc ,letter from ,sievers to ,brandt1 #bh ,january #bdf #aidc1 and ,rascher's report on his discussions with ,grawitz and ,poppendick4 #afaf-,,ps #aje ,letter from ,rascher to ,himmler1 #ag ,february #bdi #aidc1 and summary of experiments for rewarming of chilled human beings by animal warmth1 #ab ,february #aidc4 ,,no-#bfh #ajf ,letter from ,hippke to ,himmler1 #ai ,february #beb #aidc1 on freezing experiments in ,dachau4 #aehj-,,ps #ajg ,letter from ,himmler to ,rascher1 #bf ,february #bec #aidc1 on freezing experiments in the concentration camps ,auschwitz and ,lublin4 ,,no-#bib #aaa ,letter from ,rascher to ,rudolf ,brandt1 #d ,april #bec #aidc1 reporting on dry-freezing experiments in ,dachau4 ,,no-#cbb #aad ,letter from ,rascher to ,keindl1 #bh ,april #aidc1 #bed about previous freezing experiments conducted at ,sachsenhausen4 ,,no-#bca #aaf ,letter from ,rascher to ,sievers1 #ag ,may #aidc1 #bee concerning a conference with ,gebhardt on freezing experiments4 ,,no-#dcb #aai ,letter from ,rascher to ,neff1 #ba ,october #aidc1 #beh concerning dry-freezing experiments4 ,,no-#fij #abj ,list of research projects from the files of #bei the ,reich ,research ,council4 ,testimony ,extracts from the testimony of ,tribunal witness ,walter ,neff #bfj ,extract from the testimony of defendant ,handloser #bfe ,extract from the testimony of defendant ,schroeder #bfi ,extracts from the testimony of defendant ,sievers #bgd ,,translation ,,of ,,document ,,no-#bcd ,,prosecution ,,exhibit #hc ,,letter ,,from ,,rascher ,,to ,,himmler1 #aj ,,september #aidb1 ,,transmitting ,,intermediate ,,report ,,on ,,freezing ,,experiments 7#afah-,,ps7 ,dr4 med4 ,sigmund ,rascher ,munich1 ,trogerstr4 #ef at present ,berlin1 #aj ,sep #aidb ,my dear ,reich ,leader1 ,may ,i submit in the enclosure the first intermediary report about the freezing experiments8 ,in the beginning of ,october1 a meeting on the subject of freezing experiments is to take place4 ,professor ,dr4 ,holzloehner1 participating in our ,dachau experiments on behalf of the ,luftwaffe1 wants to give on this occasion an account of the results of our experiments4 ,,ss ,obersturmbannfuehrer ,sievers1 who surveyed the experiments in ,dachau last week1 believes that if any report was to be made at a meeting1 ,i should be called upon to submit the report4 ,a discussion with other experts on freezing experiments would surely be very valuable4 ,i therefore request your decision4 #a4 ,can a report be made elsewhere before the oral report has been submitted to you1 my ,reich ,leader8 #b4 ,is my participation in the conference on the subject of the freezing experiments of the ,luftwaffe ordered by you1 my ,reich ,leader8 ,i will take care that the report is submitted in the manner appropriate for top secret matter4 ,yours gratefully and respectfully ,heil ,hitler6 ,signed ,yours very devotedly1 ,s4 ,,rascher #a enclosure ,,translation ,,of ,,document #afah-,,ps ,,prosecution ,,exhibit #hd ,,intermediate ,,report1 #aj ,,september #aidb1 ,,on ,,intense ,,chilling ,,experiments ,,in ,,dachau ,,concentration ,,camp ,s4 ,rascher ,intermediate report on intense chilling experiments in the ,dachau ,camp1 started on #ae ,august #aidb ,experimental procedure ,the experimental subjects 7,,vp7 were placed in the water1 dressed in complete flying uniform1 winter or summer combination1 and with an aviator's helmet4 ,a life jacket made of rubber or kapok was to prevent submerging4 ,the experiments were carried out at water temperatures varying from #b4e to #ab4 ,in one experimental series1 the occiput 7brain stem7 protruded above the water1 while in another series of experiments the occiput 7brain stem7 and back of the head were submerged in water4 ,electrical measurements gave low temperature readings of #bf4d in the stomach and #bf4e in the rectum4 ,fatalities occurred only when the brain stem and the back of the head were also chilled4 ,autopsies of such fatal cases always revealed large amounts of free blood1 up to one-half liter1 in the cranial cavity4 ,the heart invariably showed extreme dilation of the right chamber4 ,as soon as the temperature in these experiments reached #bh1 the experimental subjects died invariably1 despite all attempts at resuscitation4 ,the above discussed autopsy finding conclusively proved the importance of a warming protective device for head and occiput when designing the planned protective clothing of the foam type4 ,other important findings1 common in all experiments1 should be mentioned1 marked increase of the viscosity of the blood1 marked increase of hemoglobin1 an approximate five-fold increase of the leukocytes1 invariable rise of blood sugar to twice its normal value4 ,auricular fibrillation made its appearance regularly at #cj4 ,during attempts to save severely chilled persons ,unterkuehlte1 it was shown that rapid rewarming was in all cases preferable to slow rewarming1 because after removal from the cold water1 the body temperature continued to sink rapidly4 ,i think that for this reason we can dispense with the attempt to save intensely chilled subjects by means of animal heat4 ,rewarming by animal warmth--animal bodies or women's bodies--would be too slow4 ,as auxiliary measures for the prevention of intense chilling1 improvements in the clothing of aviators come alone into consideration4 ,the foam suit with suitable neck protector which is being prepared by the ,german ,institute for the ,textile ,research1 ,munich-,gladbach1 deserves first priority in this connection4 ,the experiments have shown that pharmaceutical measures are probably unnecessary if the flier is still alive at the time of rescue4 ,signed ,,dr4 ,s4 ,,rascher ,munich--,dachau1 #aj ,september #aidb4 ,,translation ,,of ,,document #afaa-,,ps ,,prosecution ,,exhibit #he ,,letter ,,from ,,himmler ,,to ,,rascher ,,and ,,sievers1 #bb ,,september #aidb1 ,,ordering ,,rewarming ,,in ,,freezing ,,experiments ,,through ,,physical ,,warmth ,secret ,reich ,leader ,,ss ,rf_/,dr4 ,,ar_/#ai_/cj_/db ,personal ,headquarters ,reich ,leader ,,ss #bb ,september #aidb #a4 ,dr4 ,rascher ,munich--,dachau ,i have received the intermediate report on the chilling experiments in ,camp ,dachau4 ,despite everything1 ,i would so arrange the experiments that all possibilities1 prompt warming1 medicine1 body warming1 will be executed in positive experiment orders4 ,signed ,h4 ,,himmler #b4 ,,ss--,lt4 ,col4 ,sievers ,berlin ,a carbon copy with the request for acknowledgment4 ,,ss ,lt4 ,col4 #be ,sep #db ,,partial ,,translation ,,of ,,document ,,no-#bhe ,,prosecution ,,exhibit #hf ,,letter ,,from ,,rascher ,,to ,,rudolf ,,brandt1 #c ,,october #aidb1 ,,stating ,,that ,,sievers ,,would ,,obtain ,,four ,,gypsy ,,women ,,for ,,rewarming ,,through ,,body ,,warmth ,dr4 med4 ,sigmund ,rascher2 ,munich1 ,trogerstr4 #ef1 #c ,october #db ,most honored ,obersturmbannfuehrer6 ,first of all ,i want to thank you very much for 8,das glaeserne ,meer0 78,the ,glass ,ocean074 ,my wife and myself are very happy to possess now a complete set of these books4 ,i have already read the book with great interest4 ,the ,reich ,leader ,,ss wants to be informed of the state of the experiments4 ,i can announce that the experiments have been concluded1 with the exception of those on warming with body heat4 ,the final report will be ready in about #e days4 ,professor ,holzloehner1 for reasons that ,i cannot fathom1 does not himself want to make the report to the ,reich ,leader ,himmler and has asked me to attend to it4 ,this report must be made before #bj ,october1 because the great ,luftwaffe conference on freezing takes place in ,nuernberg on #be ,october4 ,the report on the results of our research must be made there1 to assure that they be used in time for the troops4 ,may ,i ask you to arrange for a decision from the ,reich ,leader regarding the final report to him1 and the submission to him of the relevant material8 ,today ,i received your letter of #bb ,september #aidb1 in which the ,reich ,leader orders that the experiments on warming through body heat must absolutely be conducted4 ,because of incomplete address it was delayed4 ,today ,i asked ,obersturmbannfuehrer ,sievers to send a telegram to the camp commander immediately1 to the effect that four gypsy women be procured at once from another camp4 ,moreover1 ,i asked ,,ss ,obersturmbannfuehrer ,sievers to take steps to have the low-pressure chamber made ready for use4 ,the report to ,field ,marshal ,milch planned for #aa ,september could not be made1 as you have discovered1 because he was prevented from attending1 and no representative was commissioned to receive it4 ,as the ,reich ,leader had not empowered me to report to anyone in the ,reich ,air ,ministry 7,,rlm71 ,i abstained from making the report1 which rather nettled the gentlemen of the ,medical ,inspectorate ,sanitaetsinspektion4 ,i immediately informed ,obersturmbannfuehrer ,sievers4 ,for the time being the report is being held as a military secret at the ,german ,aviation ,research ,institute 7,,dvl7 together with a distribution list prepared by the ,reich ,air ,ministry4 ,the distribution of the copies1 however1 has not yet taken place1 because1 as ,i said1 the report has not yet been made to ,milch4 ,i assume that you were informed of this whole business long ago4 ,what shall we do now8 ,i wish to enclose a letter of thanks to the ,reich ,leader from the former prisoner ,neff4 ,at the same time ,i should like to thank you very much for your efforts2 and let me beg you1 should opportunity offer1 to convey to the ,reich ,leader my most sincere thanks for his granting of this request4 ,i did not write to the ,reich ,leader in person1 in order not to make any further demands on his valuable time4 ,with best wishes and ,heil ,hitler6 ,yours most sincerely ,signed ,s4 ,,rascher4 ,,partial ,,translation ,,of ,,document #afai-,,ps ,,prosecution ,,exhibit #hg ,,teletype ,,from ,,commandant ,,of ,,dachau ,,concentration ,,camp ,,to ,,rudolf ,,brandt1 #g ,,october #aidb1 ,,stating ,,that ,,four ,,women ,,would ,,be ,,available ,,from ,,ravensbrueck ,,concentration ,,camp ,,for ,,rascher',s ,,experiments ,reich ,security ,main ,office 7,,rsha7 ,message ,center 99 99 99 99 99 ,,concentration ,,camp ,,dachau #igic #g ,,october #aidb #afcj-;,,fr- ,,to ,,ss ,,obersturmbannfuehrer ,,dr4 ,,brandt ,,berlin ,,prinz ,,albrecht ,,str4 #h4 ,,the ,,headquarters ,,concentration ,,camp ,,dachau ,,requests ,,chief ,,of ,,the ,,amtsgruppe ,,ss ,,brigadefuehrer ,,gluecks ,,to ,,have ,,the ,,four ,,women ,,ordered ,,by ,,the ,,reich ,,leader ,,ss ,,for ,,stabsarzt ,,dr4 ,,rascher ,,for ,,the ,,purpose ,,of ,,experiments ,,sent ,,immediately ,,from ,,ravensbrueck ,,to ,,dachau4 ,,signed ,,weiss1 ,,ss ,,sturmbannfuehrer ,,and ,,commandant ,,of ,,the ,,camp4 ,,partial ,,translation ,,of ,,document ,,no-#bhf ,,prosecution ,,exhibit #hh ,,letter ,,from ,,goering',s ,,office ,,to ,,himmler1 #h ,,october #aidb1 ,,with ,,attached ,,invitation ,,to ,,the ,,conference ,,on 8,,medical ,,problems ,,arising ,,from ,,hardships ,,of ,,sea ,,and ,,winter0 ,the ,reich ,air ,minister and ,commander in chief of the ,luftwaffe ,az3 #ee ,no4 #e #cdj_/secret_/#db 7,l4 ,i4 #ad1 #b;,,iib7 ,berlin ,w #h1 #h ,october #aidb ,leipziger ,strasse #g ,by ,messenger6 ,subject3 ,research order on ,freezing ,abkuehlung4 ,reference3 #a4 ,d4 ,r4 d4 ,l4 and ,ob4 d4 ,l4 ,ch4 d4 ,lw4 ,l4 ,in4 #ad ,az3 #ee ,no4 #bjjeh_/da 7#b;,,ii ,b7 dated3 #bd_/b_/db #b4 ,d4 ,r4 d4 ,l4 and ,ob4 d4 ,l4 ,ch4 d4 ,lw4 ,l4 ,in4 #ad ,az3 #ba o-r ,no4 #ajiji_/db 7#a ,,ii ,a7 dated3 #f_/h_/db ,to the ,reich ,leader ,,ss ,the ,inspectorate of the ,medical ,service of the ,luftwaffe has given an order for research to the ,stabsarzt ,professor ,dr4 ,holzloehner1 reference above1 dated #bd ,february #aidb1 for work on the following problem3 8,the effect of freezing on warm-blooded subjects40 ,at the proposal of ,stabsarzt ,dr4 ,rascher appropriate examinations were made of human beings1 and in agreement with the ,reich ,leader ,,ss suitable ,,ss facilities were used for the examinations4 ,in order to carry out these examinations a research group 8,hardships at ,sea0 78,seenot07 was set up1 consisting of ,professor ,dr4 ,holzloehner as leader and ,stabsarzt ,dr4 ,rascher and ,dr4 ,finke4 ,the leader of this research group reported that the examinations have been concluded4 ,it is intended to dissolve the research group at the latest by #ae ,october #aidb4 ,the research documents and an extensive report will be presented to the ,reich ,leader ,,ss by ,stabsarzt ,dr4 ,rascher4 ,it is requested that the originals or copies of the report and of the documents be put at the disposal of the ,inspectorate of the ,medical ,service of the ,luftwaffe4 ,it is intended to make the results1 in the form of an extract1 accessible to experts at a conference which will take place in ,nuernberg on #bf and #bg ,october #aidb4 ,the agenda schedule of the conference is closed4 ,the ,,ss ,central ,office1 ,medical ,department ,,ss ,hauptamt1 ,sanitaetsamt has been invited to this discussion by letter1 dated #cj ,september #aidb4 ,it is further requested to abstain from forwarding the documents and the report to other nonmedical offices4 ,draft signed ,im ,entwurf gez4 ,by order ,,wullen ,true ,copy ,signature ,,anthony #a enclosure ,enclosure ,the ,inspector of the ,medical ,service of the ,luftwaffe ,conference on 8,medical ,problems ,arising from ,hardships of ,sea and ,winter0 on #bf and #bg ,october #aidb in ,nuernberg1 ,hotel 8,der ,deutsche ,hof10 #bi-ce ,frauentorgraben4 ,chairman of the conference3 ,stabsarzt ,professor ,dr4 ,anthony1 ,l4 ,in4 #ad4 ,tentative schedule3 #bf ,october #aidb4 99 99 99 99 99 #ae4ce o'clock--,oberstabsarzt ,dr4 ,weltz3 8,warming ,up after ,freezing to the ,danger ,point04 #ae4ee o'clock--,stabsarzt ,professor ,holzloehner3 8,prevention and ,treatment of ,freezing40 #af4dj o'clock--,discussion4 ,,translation ,,of ,,document #afac-,,ps ,,prosecution ,,exhibit #ij ,,letter ,,from ,,rascher ,,to ,,himmler1 #af ,,october #aidb1 ,,transmitting ,,report ,,on ,,cooling ,,experiments ,,on ,,human ,,beings 7,,no-#dbh7 ,dr4 ,sigmund ,rascher ,munich #af ,october #db ,troger ,str4 #ef ,highly esteemed ,reich ,leader6 ,permit me to submit the attached final report on the super-cooling experiments performed at ,dachau4 ,this report does not contain the course and results of a series of experiments with drugs as well as experiments with animal body heat animalische ,waerme which are now being conducted4 ,likewise this report does not contain the microscopic pathological examinations of the brain tissues of the deceased4 ,i was surprised at the extraordinary microscopic findings in this field4 ,i will carry out experiments before the start of the conference in which the effect of cooling will be discussed and ,i hope to be able to present further results by that time4 ,my two coworkers left ,dachau about #h days ago4 ,in the hope that you1 highly esteemed ,reich ,leader1 will be able to spare a quarter of an hour to listen to an oral report1 ,i remain1 with the most obedient regards and ,heil ,hitler6 ,yours respectfully4 ,signed ,s4 ,,rascher4 ,,partial ,,translation ,,of ,,document ,,no-#dbh ,,prosecution ,,exhibit #ia ,,report ,,of #aj ,,october #aidb1 ,,on ,,cooling ,,experiments ,,on ,,human ,,beings ,,stabsarzt ,,prof4 ,,dr4 ,e4 ,,holzloehner ,,stabsarzt ,,dr4 ,s4 ,,rascher ,,stabsarzt ,,dr4 ,e4 ,,finke ,i4 ,problem of the ,experiment ,up to the present time there has been no basis for the treatment of shipwrecked persons who have been exposed for long periods of time to low-water temperatures4 ,these uncertainties extended to the possible physical and pharmacological methods of attack4 ,it was not clear1 for example1 whether those who had been rescued should be warmed quickly or slowly4 ,according to the current instructions for treating frozen people1 a slow warming up seemed to be indicated4 ,certain theoretical considerations could be adduced for a slow warming4 ,well-founded suggestions were missing for a promising medicinal therapy4 ,all these uncertainties rested in the last analysis upon the absence of well-founded concepts concerning the cause of death by cold in human beings4 ,in the meantime1 in order to clarify this question1 a series of animal experiments were started4 ,and1 indeed1 these officials who wished to make definite suggestions to the doctors in the sea-rescue service had to assume a great deal of responsibility if it came to a question of convincing and consistent results in these animal experiments4 ,at this particular point it is especially difficult to carry the findings in animals over into the human field4 ,in the warm-blooded1 one finds a varied degree of development in the heat-regulating mechanism4 ,besides this1 the processes in the skin of the pelted animals cannot be carried over to man4 ,,ii4 ,general ,procedure of the ,experiment ,the effect of water temperatures of #b1 #c1 to #ab ,c4 #cd1 #cg1 to #ed ,f4 were investigated4 ,a tank #bbb m4 #f-b_/cf-b_/cf-b_/c ft4 served as an experimental basin4 ,the water temperature was attained by addition of ice1 and remained constant during the experiment4 ,the experimental subjects were generally dressed in equipment such as the flier wears1 consisting of underclothing1 uniform1 a one piece summer or winter protective suit1 helmet1 and aviators fur-lined boots4 ,in addition they wore a life preserver of rubber or kapok4 ,the effect of additional protective clothing against water-cold was tested in a special series of experiments1 and in another series the cooling of the unclothed person was studied4 ,the bodily warmth was measured thermoelectrically4 ,following preliminary experiments in which gastric temperatures were measured by a thermic sound1 we adopted the procedure of continuously registering rectally the body temperature ,kerntemperatur4 ,parallel with this1 the recording of the skin temperature was undertaken4 ,the point of measurement was the skin of the back at the level of the fifth thoracic certebral process4 ,the thermoelectrical measurements were controlled before1 during1 and after the experiments by thermometric tests of the cheek and rectal temperature4 ,in severe cooling1 checking of the pulse is difficult4 ,the pulse becomes weaker1 the musculature become stiff1 and shivering sets in4 ,auscultation during the experiment by means of a tube stethoscope fastened over the tip of the heart proved effective4 ,the tubes were led out of the uniform and made possible the continuous listening to the heart during the stay in the water4 ,electrocardiographic controls were not possible in the water4 ,after removal from the water they were possible only in those cases in which1 a too severe muscle shivering did not disturb the electrocardiograph records4 ,the following chemical studies were carried out3 following up of the blood sugar picture 7continuous72 the sodium chloride picture in the serum2 the nonprotein nitrogen 7,rest-,n72 the alkali reserve2 the alkali reserve of the venous and arterial blood and sedimentation rate 7before and after the experiment74 ,besides this the general blood condition and viscosity were followed during the experiment1 and before and after the experiment the resistance of the red blood cells and the protein content of the blood plasma 7this refractometrically7 were measured4 ,the following urinalyses were made regularly3 sediment1 albumen1 sugar1 sodium chloride1 acetone1 acetic acid1 as well as a qualitative albumen determination4 ,in part of the experiment lumbar and suboccipital punctures were made as well as corresponding spinal fluid studies4 ,among physical and therapeutic measures the following were tested3 a4 ,rapid warming by means of a hot bath4 b4 ,warming by means of a light cradle4 c4 ,warming in a heated sleeping bag4 d4 ,vigorous massage of the whole body4 e4 ,wrapping in covers4 f4 ,diathermy of the heart4 ,in addition the following drugs were given3 ,strophanthin i4 v42 ,cardiaz #a i4 v4 and i4 c42 ,lobelin and ,coramin i4 v4 and i4 c4 ,in other experiments alcohol or grape sugar was given4 ,a part of the experiments was begun under narcosis 7#h cc4 ,evipan i4 v474 ,,iii4 ,the ,clinical ,picture of ,cooling ,the clinical picture as well as the behavior of the body temperature showed certain regularities in the general course2 the time of appearance of certain phenomena was1 however1 subject to very great individual variations4 ,as one might expect1 a good general physical condition delayed the cooling and the concomitant phenomena4 ,further differences were conditioned by the position of the subject in the water and the manner of clothing4 ,furthermore1 differences showed up between experiments in which the subject lay horizontally in the water so that the nape of the neck and the back of the head were splashed with water1 and others in which neck and head protruded freely out of the water4 ,peculiarly1 the actual water temperatures between #b ,c4 and #ab ,c4 #ce and #ed ,f4 had no demonstrable effect upon the rate of the cooling4 ,naturally such an effect must exist4 ,but since besides the already mentioned individual differences and those due to experimental conditions1 the various subjects cooled on different days at different rates of speed1 the effect of the actual water temperatures between #b and #ab disappears behind such variations4 ,if the experimental subject was placed in the water under narcosis1 one observed a certain arousing effect4 ,the subject began to groan and made some defensive movements4 ,in a few cases a state of excitation developed4 ,this was especially severe in the cooling of head and neck4 ,but never was a complete cessation of the narcosis observed4 ,the defensive movements ceased after about #e minutes4 ,there followed a progressive rigor1 which developed especially strongly in the arm musculature2 the arms were strongly flexed and pressed to the body4 ,the rigor increased with the continuation of the cooling1 now and then interrupted by tonic-clonic twitchings4 ,with still more marked sinking of the body temperature it suddenly ceased4 ,these cases ended fatally1 without any successful results from resuscitation efforts4 ,in the course of the narcosis experiments the evipan effects in a few cases went directly over into a cold narcosis2 in other cases one could determine a transitory return of consciousness1 immediately following the awakening effect already described2 at any rate1 the experimental subjects were dizzy4 ,cold pain was not expressed4 ,experiments without narcosis showed no essential differences in the course of cooling4 ,upon entry into the water a severe cold shuddering appeared4 ,the cooling of the neck and back of the head was felt as especially painful1 but already after #e to #aj minutes a significant weakening of the pain sensation was observable4 ,rigor developed after this time in the same manner as under narcosis1 likewise the tonic-clonic twitchings4 ,at this point speech became difficult because the rigor also affected the speech musculature4 ,simultaneously with the rigor a severe difficulty in breathing set in with or without narcosis4 ,it was reported that1 so to speak1 an iron ring was placed about the chest4 ,objectively1 already at the beginning of this breathing difficulty1 a marked dilatation of the nostrils occurred4 ,the expiration was prolonged and visibly difficult4 ,this difficulty passed over into a rattling and snoring breathing4 ,however1 the breathing at this point was not especially deep as in ,kussmaul's breathing nor were any ,cheyne-,stokes breathing or ,biot's breathing to be observed4 ,not in all subjects1 but in a great number1 a simultaneous hindering during this breathing through very profuse secretion of mucous could be established4 ,under these conditions sometimes a white1 fine-bubbled foam appeared at the mouth which reminded one of an incipient lung oedema1 though it was not possible to determine this symptom with certainty by clinical auscultation2 only a sharpened unclean breath sound was audible4 ,this foam might occur early1 that is1 at rectal temperatures of #cb ,c4 to #ce ,c42 #ij-ie ,f44 ,no special significance was to be attributed to this regarding the outcome of the experiment which is the opposite of the described relaxation of rigor4 ,the rate of breathing increased at the beginning of the experiment1 but after about #bj minutes it decreased to something like #bd per minute with slight variations4 ,in general a definite dulling of consciousness occurred at the dropping of the body temperature of #ca ,c4 #hh ,f4 rectal temperature4 ,next1 the subjects still responded to speech but finally answered very sleepily4 ,the pupils dilated markedly4 ,the contraction under light became increasingly weaker4 ,the gaze was directed overhead with a compulsive fixation4 ,after withdrawal from the water an increase in the reflexes was evident in spite of the rigor1 and regularly a very marked drawing up of the testicles occurred which practically disappeared into the abdomen4 ,early in the experiment the face was pale4 ,after #dj to #ej minutes cyanosis appeared4 ,with this the face appeared redder1 the mucous membrane bluish-red4 ,the skin veins were not maximally collapsed and were virtually always penetrable4 ,the heart activity showed a constant change independent of all other individual variations1 which was noticeable in all subjects4 ,upon introduction into the water with narcotized subjects as well as nonnarcotized subjects1 the heart rate went suddenly to about #abj per minute4 ,at a rectal body temperature of about #cd ,c4 #ic ,f4 it then began to become increasingly slower and to sink continuously to about #ej per minute4 ,the bradycardia at a body temperature of about #bi to #cj ,c4 #hd to #hf ,f4 changed suddenly to an arrythmia perpetua or1 as the case may be1 to a total irregularity and this began with a slow form of about #ej beats per minute2 this slow form of irregularity could be transformed into a faster one4 ,the transformation to the faster form was not an unfavorable sign regarding life4 ,when an electrocardiographic control after the experiment was possible1 it regularly showed a ,vorhof flutter4 ,let it be anticipated that this irregularity could continue to exist after the cessation of the cooling and a recovery of the body temperature to #cc or #cd ,c4 #ia or #ic ,f4 #a to #b hours after removal from the water1 but then customarily changed of itself and without therapeutic aids into a coordinated heart activity4 ,in the same way let it be anticipated that in all cases with a lethal termination1 a sudden cessation of the heartbeat ensued upon an irregularity of the slow type4 ,a check of the blood pressure was attempted1 but was in no case satisfactory since an exact measurement was not possible in the decisive stage of the experiment because of the severe rigor and muscle fibrillation4 ,reference has already been made to individual differences in the behavior of the rectal temperatures4 ,figure #d gives an example which includes four experiments1 in which four different experimental subjects were cooled at identical water temperatures and with identical clothing4 ,it was shown that in water at #d4e ,c4 #dj ,f4 temperature the time required for reaching a rectal temperature of about #bi4e ,c4 #he ,f4 varies between #gj and #ij minutes4 ,but nevertheless the diagram shows that in spite of these individual differences1 it is observable that the progress of the rectal temperature proceeds according to rule4 ,the body temperature begins to sink rapidly from about #ce ,c4 #ie-ig ,f44 ,it is of very great practical significance at this point that the body temperature continues to sink virtually lineally for a considerable time after removal from the water4 ,this continued drop can last #bj minutes or more4 ,during this drop an after-drop of #d ,c4 #g ,f4 could be observed1 and indeed not only at temperatures under #cj ,c4 #hf ,f44 ,in one case it was observed that an interruption of the experiment at #ce ,c4 #ie ,f4 after a further lapse of #bj minutes the rectal temperature had fallen #d to #e ,c4 #h ,f4 more4 ,we will later discuss the 8arresting0 of this after-drop by physical measures4 ,in our experimental series1 the lowest rectal temperatures which could be survived varied individually just as did the progress of the temperature drop4 ,in general 7in six cases7 death occurred with a drop in temperature to values between #bd4b and #be4g ,c4 #ge4f and #gg4f ,f44 ,in one case1 however1 a drop to #be4b ,c4 was survived4 ,this experiment fell outside the typical picture insofar as after #ij minutes at #bf4f ,c4 #gi4i ,f4 a virtually stationary condition of the rectal temperature had become established for #he minutes4 ,we will come back again to this special experiment4 ,the skin temperature sinks or drops much more rapidly than the rectal temperature4 ,within a minute there occurs a thorough saturation of the articles of clothing4 ,correspondingly the skin temperature falls already within #e minutes to values between #bd and #ai ,c4 #ge and #ff ,f44 ,after #aj minutes it may have already dropped to #ab ,c4 #ed ,f44 ,within #aj to #bj minutes more after the beginning of the experiment the steepness of the drop changes considerably4 ,the curve of the skin temperature runs for some time1 that is1 for #ae to #cj minutes virtually horizontal4 ,after this time there follows a further but now slower drop to the lowest figures1 which may lie below #ae ,c4 #ei ,f4 at the close of the experiment4 ,parallel experiments which compare the course of the rectal temperatures and the cooling of the body with and without submersion of neck and back of head showed great difference in temperature drop4 ,the curves pertain to the same experimental subject4 ,the one with the deep fall to #bf ,c4 #gi ,f4 in #gj minutes was obtained with a water temperature of #ab ,c4 #ed ,f4 the other with a drop to #cb4e ,c4 #ij4d ,f4 in the same time resulted from a water temperature of #e4e ,c4 #da4i ,f44 ,the very marked difference cannot be explained by a variation in resistance of the particular person1 but is to be attributed to the position of the subject in the water and his head covering4 ,in the experiment with the water at #ab ,c4 #ed ,f4 the subject1 in a kapok life preserver1 lay flat in the water so that his neck and the back of his head were well submerged2 beyond this he did not wear a flier's helmet4 ,in the other experiment with water at #e4e ,c4 #da4i ,f4 the head was covered with an aviator's summer helmet without headphones4 ,the subject wore a rubber life preserver open at the back2 with this1 the head is somewhat out of the water4 ,in order to follow up the effect of isolated cooling of the neck and the back of the head on consciousness1 body temperature1 and circulation1 this was undertaken in three special experiments4 ,the experimental subject lay horizontal2 the back of the head and the neck were dipped into a receptacle through which water of corresponding temperature was continuously run4 ,in an experiment of #c hours duration there occurred small temperature drops of not more than #j4h ,c4 #a4d ,f44 ,the water temperature was #a to #b ,c4 #cd to #ce ,f44 ,in one case after #ej minutes a marked sleepiness occurred which changed over into a deep narcosis4 ,the heart activity was variable1 and obvious bradycardia could not be observed4 ,irregularity never developed4 ,changes were not seen in the electrocardiograph4 ,on the other hand in all three subjects the spinal fluid pressure was markedly increased after the ending of the experiment to maximal values of #cjj mm4 ,after the experiment1 ataxia and definite ,romberg phenomena were observed1 as well as exaggeration of the normal reflexes2 pathological reflexes were absent4 ,,iv4 ,blood1 ,spinal ,fluid1 and ,urine ,during ,freezing ,the differential blood smears showed no special features during cooling4 ,on the other hand the number of white and red blood corpuscles shows a regular change4 ,the number of leukocytes rapidly increases1 roughly with the beginning of the steeper temperature drop at about #ce ,c4 #ie ,f4 rectal temperature to values of from #be1jjj to #bg1jjj per cu4 mm4 ,after one hour a maximum may be reached and a falling-off begins in the number of leukocytes1 while the body temperature falls still further4 ,the number of red corpuscles undergoes an increase1 though to a relatively small degree1 which in its course resembles the change in the number of leukocytes4 ,we saw increases up to #bj percent4 ,this increase is interrupted even earlier than the increase in the number of leukocytes1 so that both curves give no reflection of the temperature curve4 ,the increase of the erythrocytes corresponded to the increase of the hemoglobin of from #aj to #bj percent4 ,a reduction of the fragility of the red corpuscles could not be demonstrated with certainty1 on the other hand1 although in three experiments a definite hemolysis occurred4 ,the viscosity regularly increases with the beginning of the fall in temperature4 ,the rise can reach values up to #g4h4 ,this rise occurs very early1 indeed1 already at body temperatures of #ce ,c4 #ie ,f44 ,after that the values remain relatively constant with further temperature falls4 ,the albumen content of the plasma was likewise increased after the experiment1 on the average by #a percent of the absolute value4 ,since these measurements could not be made as often as those of viscosity for technical reasons1 the connection with the progress of the viscosity remained unclear4 ,such a connection could not be recognized from the absolute values obtained4 ,with the acceleration of the temperature drop1 there always occurs a more marked increase of the blood sugar to maximal values which may attain an average increase of #hj percent and in a few cases may reach an increase of over #ajj percent4 ,according to that1 the maximal value of about #bg4e ,c4 #ha4e ,f4 is reached and is maintained for some time4 ,it is to be observed that as long as the temperature drop continues1 in no experiment was it possible to observe a decrease in these high blood sugar values4 ,it is usually to be observed that a relatively rapid drop of the blood sugar values sets in when1 after removal from the water1 the temperature drop ceases and goes over into a temperature rise4 ,we consider these findings to be of theoretical significance4 ,during the isolated cooling of the neck and back of the head which was described in section ,,iii the blood sugar remained constant4 ,in striking contrast to the increase of the blood sugar1 there was never established a corresponding glycosuria in the urine collected immediately after the experiment or withdrawn through a catheter1 although considerable quantities of urine averaging #ejj cc4 were found in the bladder2 in only two cases could traces of sugar 7#j4e percent7 be demonstrated4 ,this paradoxical behavior can1 perhaps1 be explained in this manner3 during the time of great blood sugar increase1 a blocking of the kidneys had occurred1 and that the associated urine quantities were formed before or after this blocking under reflex polyuria4 ,acetone and acetic acid1 likewise1 could not be demonstrated in the urine4 ,the alkali reserve in the arterial and venous blood was regularly very much reduced at the end of the experiments4 ,experiments concerning oxygen saturation could not be carried out4 ,according to the color of the venous blood withdrawn from the arm veins1 the saturation of this blood must have been very greatly reduced2 the blood was virtually black as it came into the syringe4 ,noteworthy in this connection are the autopsy findings which were undertaken directly after death4 ,in these1 the blood in the right heart appeared very dark1 and in the left heart very bright red4 ,according to this1 one must calculate upon an increase in the saturation differential between the arteries and veins4 ,sodium chloride and nonprotein nitrogen in the blood were not clear in the blood at the end of the experiments or increased within the limit of error4 ,sodium chloride in the urine was generally less1 corresponding to a reduction of the specific gravity4 ,on the other hand at the end of the experiments traces of albumin could regularly be demonstrated in the urine and moderately increased leukocytes1 occasional erythrocytes1 and epithelial cells in the sediments4 ,in particular cases1 albumin casts were also observed4 ,the reaction of the urine remained identical before and after the experiments virtually without exception4 ,the studies of the bile yielded no results4 ,lumbar and suboccipital punctures immediately after the experiments showed a considerable increase in fluid pressure4 ,on the average it amounted to between #ej and #fj mm4 ,in one case1 an increase to #dbj mm4 was seen4 ,the protein values were always normal4 ,cell increases did not appear1 likewise no abnormal deviation of the colloidal gold curve was observed4 ,the meaning of these findings for therapy is still to be discussed later4 ,v4 ,recovery ,after ,cooling and ,its ,dependence ,upon ,physiotherapeutic ,measures ,the important fact has already been referred to that after rescue from the cold water1 the body temperature sinks further and so a further temperature reduction of #d ,c4 #g ,f4 may take place4 ,as was likewise emphasized1 this may occur as a postphenomenon not only when low temperatures have been obtained already during the experiments1 but it can be noted also at final temperatures of #ce ,c4 #ie ,f44 ,a dependence of this after-drop on the duration of the experiment could not be established2 as a result it is difficult to calculate in advance4 ,this fact becomes of great importance for practical measures2 on the other hand it makes it difficult to gain an insight into the manner in which various physiotherapeutic measures affect the arresting of this after-drop and the recovery of the body temperature4 ,only because of the large number of the experiments was it possible to obtain well-founded concepts of this4 ,the flattest rise of the body temperature was to be observed when the subject was merely dried off1 wrapped in warm cover1 and left to himself after removal from the water4 ,the recovery is greatly accelerated if the subject is placed in a hot bath as soon as possible after the removal of the wet articles of clothing4 ,warming under a light cradle assisted the temperature rise4 ,vigorous massage had a favorable effect1 however1 only if it was preceded by treatment in a hot bath or light cradle4 ,in no case was it established that there was any indication of bad effects from the hot water or the light cradle1 or that the subject had been harmed in any way4 ,on the other hand1 it was observed in three cases that a hot bath had doubtless a life saving effect4 ,in two of these cases there had been complete cessation of heart and breathing action1 and in one case the heart had stopped for several seconds after a markedly slackened irregularity before the subject was placed into water of not more than #ej ,c4 #abb ,f44 ,as a result of this we can discard all traditional objections to a sudden rewarming4 ,the favorable effect of a hot bath is still clearer in the observation of the general condition of the subject than in the temperature curves1 although it cannot be presented objectively4 ,the breathing very often becomes 8freer0 immediately upon introduction into the hot water4 ,the hot water releases a strong stimulus2 the unconscious subject often reacts with an outcry4 ,soon thereafter there occurs a distinct lessening of the severe rigor4 ,the return of consciousness occurs sooner1 and indeed at temperatures at which it did not usually happen under other methods of treatment4 ,in the first experiments with hot water treatment1 this was continued only for #aj minutes2 after that the subjects were removed and vigorously massaged4 ,under these circumstances it could be established that the temperature rise continued during the rubbing1 indeed in one experiment the rise became steeper4 ,as already indicated1 this favorable effect of dry rubbing was not so pronounced without preliminary treatment by heat4 ,it is important1 too1 that the rubbing be done when the severe spasm of the peripheral vessels has already passed4 ,in view of this1 the hot hath is the best method of treatment of the severely cooled person4 ,however1 in the practice of sea rescue service it will not be possible to carry out this method1 since the necessary means are not available in aircraft and boats4 ,under these circumstances we must consider next only the rapid rewarming with light cradle or electrically heated sleeping bag4 ,therefore a sleeping bag as now used in the sea rescue service was also tested4 ,it was evident that the temperatures which can be developed by this means are not sufficient for heat therapy4 ,with those it was possible to reach a temperature of only #cb ,c4 #ij ,f4 over the skin1 with the heat turned on fully4 ,besides this1 the wall of the foot-section of the sleeping bag is only partly heated2 on the outer sides it remains completely cold4 ,as long as no improvement and strengthening of the heating equipment of the sack is carried out1 the sleeping bag can be considered only as a substitute for wrapping in warm covers4 ,the warming by means of the light cradle is more uneven than with a hot bath4 ,with warming by light one might expect severe local vessel expansion with danger of collapse4 ,actually the subjects often complained of dizziness and nausea after reaching consciousness if the treatment lasted longer than #ae minutes4 ,occasionally vomiting occurred4 ,in these cases it is indicated to switch off the light cradle and to pack the subject with covers4 ,apart from this it must be remembered that during unconsciousness the subject should be protected against direct contact with the lamps by means of covers1 otherwise burns could occur during clonic-tonic convulsions4 ,this suggests that 8short waves0 be employed to supply heat1 since it was shown in animal experimentation that by this means it is possible to bring about a thorough warming of the whole animal1 which leads to a recovery of the animal with puzzling rapidity4 ,we did not have the proper equipment for a thorough warming of a human being by this means4 ,for this reason the short wave therapy of the heart was tried4 ,this did not have any demonstrable effect4 ,above all1 it is necessary to advise against a practical application of this method1 since there exists the danger of prolonged burning even in full consciousness1 as the result of cold anaesthesia1 even if the treating physician carefully tries to avoid this4 ,the severe difficulty in breathing as well as the formation of foam before the mouth1 which reminded one of incipient lung oedema1 seemed to indicate oxygen therapy4 ,therefore this therapy was tried in four experiments4 ,it showed no effect on either the breathing or the heart action4 ,it has been pointed out that the arterial blood appears especially light red4 ,,vi4 ,death ,after ,cooling in ,water ,practical and ,theoretical ,considerations ,reports to the effect that those who have been rescued at sea are imperilled for a considerable time after rescue has aroused special attention4 ,it has been reported especially that sudden cases of death occurred as much as #bj minutes to #ij minutes after rescue1 and that in mass catastrophes these sudden deaths could amount to mass-dying 7rescue collapse74 ,these observations have set off far-reaching discussions4 ,bleeding in the rewarming periphery1 break-downs of neural and humoral correlations and similar ideas have been brought up4 ,in contrast to this our experiments give a relatively simple explanation of cold-death under these conditions4 ,with the exception of a single case1 a total irregularity of the heart chamber could be definitely demonstrated in all cases of cooling under #cj ,c4 #hf ,f41 7#ej experiments71 when the rectal temperature reached #bi ,c4 #hd ,f4 and usually already at a cooling of #ca ,c4 #hh ,f44 ,the exception was an experiment on an intoxicated subject1 which is to be gone into more fully below 7see sec4 ,,vii74 ,furthermore heart-death was established clinically in all cases of death observed by us4 ,in two cases breathing ceased simultaneously with the heart activity4 ,these were cases in which it was specially noted that the neck and the back of the head lay deep in the water4 ,in all remaining cases breathing outlasted the clinical chamber cessation by as much as #bj minutes4 ,in part this was 8normal1 much decelerated breathing10 in part an angonal form of gasping4 ,as already referred to1 an auricular flutter could be demonstrated cardiographically during the irregularity4 ,in cases in which a special cooling of neck and back of head had existed before death1 the autopsy showed a marked brain oedema1 a tight filling of the general brain cavity ,hirngefaesse blood in the spinal fluid as well as blood in the ,michaelisrhomboid4 ,the heart findings warrant our taking a certain attitude toward the question of rescue collapse4 ,death occurred relatively quickly after removal from the water1 which may be compared with rescue4 ,the longest interval involved was #ad minutes4 ,it is to be noted1 however1 in the first place1 that almost certainly a much larger number of deaths would have been observed if an active heat therapy had not almost regularly been coupled directly with the completion of the experiment2 in the second place1 that in such cases there would have been very much longer intervals4 ,we have already called attention repeatedly to the after-cooling following the experiment4 ,in every case where this had proceeded to a certain point1 countermeasures were taken1 since the experiments were never planned to end in death4 ,one may well imagine1 however1 that in mass catastrophes1 in which almost exclusively rescue collapse has heretofore been described1 the therapeutic measures were confined to an undressing and drying off of the rescued together with a subsequent wrapping in covers4 ,under these conditions after-drops of great magnitude and long duration were to be expected4 ,in the course of this delayed fall in temperature1 a heart-death might occur as in our experiments4 ,we should like to emphasize that the irregularity per se is not to be regarded in our experiments as a symptom of danger to life any more than in the clinic1 but rather as a sign of direct heart damage1 which increases continuously with further falling off of temperature1 until finally the heart fails4 ,if the temperature drop is arrested1 the slow form of irregularity passes over into a rapid form4 ,this transition is a favorable sign for survival2 for this irregularity virtually always passes over of itself after a time averaging #ij minutes into normal heart activity4 ,it continues therefore for a long time after the body temperature has already risen markedly4 ,a danger to the circulatory system could not be demonstrated at this stage4 ,in three cases the return of the heart action to normal occurred in spite of simultaneous energetic physical work4 ,with the demonstration that cold-death of man is primarily a heart-death1 the essential points for therapy are also cleared up4 ,the cause of the severe heart damage is another question4 ,since our studies were primarily aimed at the development of practical methods of treatment1 we will not go very far into the theoretical concepts which may be developed in this connection4 ,still1 several hints may be drawn from the blood studies3 #a4 ,the great increase of the viscosity causes an increased loading upon the heart4 #b4 ,the choking of peripheral vessel areas by the severe vessel contraction leads to an over-filling of the central areas4 ,this appears not only from our autopsies4 ,in all available records of autopsies which pertain to cases of death from cold in the water after sea disaster1 we find uniformly a severe over-filling of the right heart4 #c4 ,it is to be calculated that1 under the effect of the low blood temperature1 the heart itself becomes severely hypodynamic4 ,it has been proved long ago in animal experimentation that a ,vorhof flutter can be developed by the overloading and cooling of the isolated heart4 ,besides a physical damaging of the heart musculature by the cold1 we must also keep in mind the damaging by pathological products of metabolism4 ,next1 the sharp increase in blood sugar may be connected with the increased outpouring of adrenalin4 ,the constancy of this increase of blood sugar during the temperature drop is1 however1 remarkable4 ,one may well assume that this flow of adrenalin exhausts itself with the continuance of the temperature drop4 ,with this there would have to be a rapid decrease in the blood sugar if the oxidation processes were to continue undisturbed4 ,the decrease in the alkali reserve or the development of an acidosis argues strongly for an injury4 ,animal experiments1 with general cooling1 give grounds for believing that the intermediary metabolism is disturbed during drops in temperature2 but this change is also discussed in connection with local freezing of the human being and has been proved to a certain extent4 ,furthermore1 not only this disturbance shows a transition between general and local damage by cold4 ,in both cases there occurs an increase in viscosity1 which points to a change in the capillary walls and indicates the conclusion that there is a change in the permeability of those walls for protein and water4 ,the heart-death remains prominent1 the regular increase of spinal fluid pressure with severe cooling of the neck and back of the head leaves it unsettled whether1 in addition1 this has pathognomonic significance for the outcome4 ,with a fluid pressure of #dbj mm4 it must in fact be assumed that this participates in the development of bradycardia4 ,the detection of an increase in fluid pressure is also not without significance for therapy4 ,one may think of a lumbar or suboccipital puncture as a measure to be prescribed4 ,after a lumbar puncture there occurs a transformation of the slow form of arrhythmia into the rapid form4 ,it must remain undecided whether such measures1 which delay a rapid1 active rewarming1 are to be recommended for practical application in the sea-rescue service4 ,the idea that cold-death in water depends upon failure of the heart1 accompanied or unaccompanied by breathing1 is subject to limitation4 ,one experiment among fifty-seven was typical4 ,this involved survival of a cooling to #be4b ,c4 #gg4d ,f4 during a stay of #c hours in water of #e4e ,c4 #da4d ,f44 ,the rectal temperature under these conditions remained constant within slight variations between #bg and #be ,c4 #ha and #gg ,f4 for the last hour and a half4 ,likewise1 quite irregularly1 no increase in blood sugar occurred4 ,but most striking was the fact that until the end of the experiment and after its termination consciousness was undisturbed4 ,the course of the experiment reminded one of the behavior of certain experimental animals which can withstand extremely low body temperatures for long periods of time4 ,lower1 warm-blooded animals 7for example1 rats7 can endure rectal temperatures of #bj ,c4 #fh ,f4 for several hours4 ,it is conceivable that this atypical experiment1 had it been continued1 would have shown also an atypical cause of death4 ,against this we have the fact that an irregularity had already set in but not before a temperature of #cj4a ,c4 #hf4b ,f4 had been reached4 ,also1 aside from the fluid pressure increase1 the part which the central nervous system plays in the outcome of the experiment seems to us to be secondary4 ,the experiments with simultaneous cooling of the neck of course showed how the cooling of the neck and back of the head speeds up the lowering of temperature4 ,this is to be explained by the fact that the counter-controls which are relayed from the temperature center to the periphery1 either cannot exist further because of hypofunction of the centers 7effect of oedema and cooling71 or are no longer transmitted because of cold-blocking of the pathways4 ,but likewise central counter-controls for the areas of the peripheral capillaries may fall2 thus delaying the overloading of the heart by extended periphera vasco friction4 ,,vii4 ,the ,influence of ,pharmacology and the ,question of ,alcohol ,now experiments by ,jarisch have shown that heart drugs like strophanthin and stimulants like cardiazol and coramine in therapeutic doses may react toxically upon cooled animals4 ,these findings are a warning to be most careful in the medicinal treatment of severely cooled persons1 though strophanthin and cardiazol have heretofore been expressly recommended in such cases4 ,in experiments with fatal outcome1 the stopping of the heart occurred either in the water or after an interval of not more than #ad minutes after removal from the water4 ,with such a rapid course of events it is unlikely that one can favorably influence the heart action by intravenous injections of strophanthin1 especially because the circulation is at a very low ebb before the heart-death4 ,for this reason1 in a case whose condition was already very dangerous1 strophanthin was given intracardially in a dose of #j4be mg4 ,thereupon the heart condition grew still worse and after #e minutes the heart stopped4 ,one had the impression that the heart action was made worse by the intracardial injection of strophanthin4 ,this is1 however1 the only case which left the possibility of damage by strophanthin in doubt4 ,no such damage could ever be established in the intravenous injection of strophanthin4 ,on the other hand no therapeutic effect1 even with maximal doses of #j4e mg41 could be detected4 ,figure #aa not reproduced1 last section1 shows the total duration in #aj cases of the irregularity observed without strophanthin dosage4 ,this varies between #be and #bjj minutes4 ,on the other hand in ,figure #ac in the last section1 first five cross-rows there are corresponding time values of #age to #cfj minutes4 ,at various experimental time points during these experiments #j4be to #j4e of strophanthin were given4 ,accordingly1 a shortening of the duration of the irregularity cannot be established4 ,furthermore no improvement of the pulse or general condition was ever noted4 ,obviously these experiments are too few to rule out a possible favorable effect in all cases4 ,several hundred experiments would be necessary to obtain statistically reliable data on this point4 ,and so1 since contrary to animal experimentation1 we could not unquestionably establish damage following intravenous strophanthin dosage1 we may leave it to the treating physician whether or not he may still want to make an experiment with strophanthin4 ,to be sure1 such an employment of it must be advised against in case of a very much decelerated form of irregularity4 ,this will be observed when there is the greatest danger2 under such circumstances time should never be lost by experimenting with drugs1 but every effort should be made in the direction of intensive heat therapy4 ,also in the experiments with cardiazol1 coramin and lobeline we restricted ourselves primarily to determining whether injurious effects occurred in the case of relatively large doses4 ,four cc4 of #aj percent coramin as well as #b cc4 of #a percent lobeline were injected intravenously at various stages of recovery without any marked objective and subjective deterioration of the state of the heart1 the breathing1 and the general condition4 ,but just as with strophanthin1 it is impossible to rule out a possible therapeutically favorable effect because of the small number of experiments4 ,we never observed such an effect4 ,especially the marked deepening of breathing and of the irritability of the trigeminal nerve which usually sets in very suddenly after coramin 7for example1 sneezing immediately after the injection7 were always missing4 ,contrary to strophanthin1 in the case of which we cannot advise against experimentation by intravenous injection under certain conditions1 we believe on theoretical grounds that such experiments with peripheral circulatory drugs which may heighten the vessel tonus are not indicated because of the following considerations3 ,the damage to the heart is to be attributed1 among other things1 to an overloading1 which is caused by a blocking of enlarged vessel areas1 aside from an increase in viscosity4 ,if the vessel tonus is further increased in the areas which have remained unimpeded1 the conditions for the heart are thereby made worse4 ,the sceptical attitude toward the effect of drugs is strengthened above all by the observation that in the majority of the experiments in which no drugs were given1 even the most severe disturbances of the peripheral circulation were reduced remarkably rapidly under intensive heat treatment4 ,in this connection it must be emphasized that besides the recovery of body temperature through heat therapy an unloading of the heart takes place because the blocked areas open up4 ,contrary to earlier concepts1 according to which there was danger of hemorrhage into the periphery during rapid rewarming1 and according to which one sought to avoid this hemorrhage by wrapping up the extremities as well as by very slow warming1 the 8venalous bleeding into the periphery0 may be life-saving under some circumstances4 ,an exception1 namely1 loval pyperacmia after considerable rise in temperature and corresponding reestablishment of circulation has already been described in the reference to the danger in some cases of very prolonged treatment in the light cradle4 ,the familiar increase of peripheral blood volume as a result of alcohol leads one to expect that very intoxicated persons cool more rapidly4 ,figure #adbh shows an experiment from which we may conclude that actually acceleration of the cooling does set in after partaking liberally of alcohol before the experiment4 ,it is very remarkable that in such an experiment1 the only exception among all cooling experiments1 irregularity was absent in a cooling to #bh4a ,c4 #hb4f ,f44 ,even if it was not possible to reproduce this apparent protection against irregularity caused by partaking of alcohol in control experiments on other subjects1 there remains the possibility that the distending of the peripheral vessels delays the overloading of the heart1 just as on the other hand it increases the speed of cooling4 ,our observations contradict the old seafaring custom of pouring alcohol into a person already cooled1 since1 according to these observations the temperature tends1 even in slight degrees of cooling1 to sink further for a long time after rescue4 ,as long as there is no active supply of heat from outside1 the disadvantage of an increased heat loss will reduce the utility of stopping the peripheral vessel blockage4 ,also in later stages of recovery one must obviously be very careful in giving alcohol2 above all1 this warning is emphasized by the possibility that one must reckon with a total irregularity after more than an hour1 which may go unnoticed by the inexperienced experimenter4 99 99 99 99 99 ,,viii4 ,preventive ,measures 99 99 99 99 99 ,,ix4 ,concerning ,life ,jackets ,schwimmwesten 99 99 99 99 99 ,x4 ,summary #a4 ,the curve of rectal temperature of human beings chilled in water of #b ,c4 #ce4f ,f4 to #ab ,c4 #ec4f ,f4 shows a gradual drop to about #ce ,c4 #ie ,f41 after which the drop becomes rapid4 ,death may occur at rectal temperatures below #cj ,c4 #hf ,f44 #b4 ,death results from heart failure4 ,the direct damage to the heart becomes evident from the total irregularity observed in all cases1 setting in at approximately #cj ,c4 #hf ,f44 ,this cardiac damage is due to overloading of the heart1 caused by the marked and regular increase in the viscosity of the blood1 as well as by the marked throttling of large peripheral vascular areas2 besides1 a direct injury to the heart by the cold is also probable4 #c4 ,if the neck is also chilled1 the lowering of the temperature is more rapid4 ,this is due to interference with the temperature-regulating and vascular centers2 cerebral oedema also makes its appearance4 #d4 ,the blood sugar rises as the temperature falls1 and the blood sugar does not drop again as long as the body temperature continues to fall4 ,this fact suggests an intermediary disturbance of metabolism4 #e4 ,respiration of the chilled subject is rendered difficult due to the rigor of the respiratory musculature4 #f4 ,after removal from the cold water1 the body temperature may continue to fall for #ae minutes or longer4 ,this may be an explanation of deaths which occur after successful rescue from the sea4 #g4 ,intensive rewarming never injures the severely chilled person4 #h4 ,strophanthin treatment was not observed to have been successful4 ,the question of the use of strophanthin remains open1 however4 ,remedies which influence the peripheral circulation are definitely not advisable4 #i4 ,the most effective therapeutic measure is rapid and intensive heat treatment1 best applied by immersion in a hot bath4 #aj4 ,by means of special protective clothing1 the survival time after immersion in cold water could be extended to double the survival time of subjects who were immersed without protective clothing4 #aa4 ,certain proposals for improvement of life jackets are being made4 ,concluded on #aj ,october #aidb4 ,signed ,prof4 ,,dr4 ,,holzloehner ,,dr4 ,,rascher ,,dr4 ,,finke 99 99 99 99 99 ,behavior of the heart action under the influence of medication ,occurance of ,therapy ,pulse becomes ,total ,irregularity regular dura- ,subj4,water ,after ,at ,at ,after exper4 tion temp4exper4 body ,mg4 min4time admin4 of ir- ,remarks ,c time temp4stroph4min4 strophanthin regu- min4 ,c larity 99 99 99 99 99 99 99 99 99 ,b4 ,l #d #ee #cjj4be #fe -- -- ,death in mg41 the #d cc4 seventie coram th in4 minute1 ten minutes after removal from water4 ,l4 ,h #d #cj #ca4ej4be #fj -- -- ,death mg41 7heart intra stopped7 cardi five al4 minutes after administ ering strophan thin1 ten minutes after removal from water4 ,v4 ,e #e4b #fj #cj4cj4be #fh -- -- ,death mg41 7heart heart stopped7 1 in the masag sixty-si e1 xth coram minute in1 during cardi removal azol1 from artif water4 icial respi ratio n4 ,s4 ,m #f #ge #ca4d;,artific #hb -- -- ,death ial 7heart respi stopped7 ratio in the n1 eighty-s cardi eventh azol4 minute1 seven minutes after removal from water4 ,l4 ,o #d4e #cj #ca4b,l4 ,p #eg -- -- ,death 7heart stopped7 in the sixty-fi fth minute1 eight minutes after removal from water4 ,,figure #ac4 ,,translation ,,of ,,document #afji-,,ps ,,prosecution ,,exhibit #ib ,,letter ,,from ,,himmler ,,to ,,rascher1 #bd ,,october #aidb1 ,,and ,,note ,,by ,,rudolf ,,brandt ,reich ,leader ,,ss ,nr #acig_/db ,field ,command ,post1 #bd ,oct #aidb ,dr4 ,sigmund ,rascher ,munich1 ,trogerstr4 #ef ,top ,secret #c copies #b;d copy ,dear ,rascher6 ,i acknowledge the receipt of your letter of the #ith and #ajth and both notes of #af ,october #aidb4 ,i have read your report regarding cooling experiments on humans with great interest4 ,,ss ,sturmbannfuehrer ,sievers should arrange the possibility of evaluation at institutes which are connected with us4 ,i regard these people as guilty of treason and high treason1 who1 still today1 reject these experiments on humans and would instead let sturdy ,german soldiers die as a result of these cooling methods4 ,i shall not hesitate to report these men to the offices concerned4 ,i empower you to make my opinion on this known to the offices concerned4 ,i invite you to a personal conference in ,november as ,i cannot make it sooner despite my great interest4 ,,ss ,obergruppenfuehrer ,wolff will once again get in touch with ,field ,marshal ,milch4 ,you are empowered to make a report to ,field ,marshal ,milch--and1 of course1 to the ,reich ,marshal if he has time--concerning those who are not doctors4 ,i think that covers which have heat packets or something similar sewed in their lining are the best for the warming of those who were stranded at sea and were picked up in boats or small vessels and where there is no possibility of placing these chilled people in a hot bath4 ,i take it for granted that you know these heat packets which we also have in the ,,ss and which were used by the ,russians a great deal4 ,they consist of a mass which develops a warmth of #gj to #hj upon addition of water and retains it for hours4 ,i am very curious as to the experiments with body warmth4 ,i personally take it that these experiments will probably bring the best and lasting results4 ,naturally1 ,i could be mistaken4 ,keep me informed on future findings4 ,of course we will see each other in ,november4 ,heil ,hitler6 ,yours ,signed ,h4 ,,himmler #b4 ,,ss ,obergruppenfuehrer ,wolff ,sent with request for acknowledgment4 ,i present the report with the request for acknowledgment and return since the ,reich ,leader ,,ss in ,munich wants these copies again4 ,signed ,,brandt ,,ss ,sturmbannfuehrer ,,translation ,,of ,,document ,,no-#cbc ,,prosecution ,,exhibit #id ,,memorandum ,,of ,,rascher ,,on ,,women ,,used ,,for ,,rewarming ,,in ,,freezing ,,experiments1 #e ,,november #aidb ,sigmund ,rascher1 ,m4 ,d4 ,munich1 ,trogerstrasse #ef1 #e ,november #aidb ,subject3 ,requested report on concentration camp prostitutes4 ,for the resuscitation experiments by animal warmth after freezing as ordered by the ,reich ,leader ,,ss ,i had four women assigned to me from the women's concentration camp ,ravensbrueck4 ,one of the assigned women shows unobjectionably ,nordic racial characteristics3 blond hair1 blue eyes1 corresponding head and body structure1 #ba years of age4 ,i asked the girl why she had volunteered for the brothel4 ,i received the answer3 8,to get out of the concentration camp1 for we were promised that all those who would volunteer for the brothel for half a year would then be released from the concentration camp04 ,to my objection that it was a great shame to volunteer as a prostitute1 ,i was told3 8,rather half a year in the brothel than half a year in the concentration camp04 ,then followed an account of a number of most peculiar conditions at camp ,ravensbrueck4 ,most of the reported conditions were confirmed by the three other prostitutes and by the female warden who had accompanied them from ,ravensbrueck4 ,it hurts my racial feelings to expose to racially inferior concentration camp elements a girl as a prostitute who has the appearance of a pure ,nordic and who could perhaps by assignment of proper work be put on the right road4 ,therefore1 ,i refused to use this girl for my experimental purposes and gave the adequate reports to the camp commander and the adjutant of the ,reich ,leader ,,ss4 ,signature ,,dr4 ,s4 ,,rascher ,,translation ,,of ,,document ,,no-#cbj ,,prosecution ,,exhibit #ajc ,,letter ,,from ,,sievers ,,to ,,brandt1 #bh ,,january #aidc1 ,,and ,,rascher',s ,,report ,,on ,,his ,,discussions ,,with ,,grawitz ,,and ,,poppendick ,the ,ahnenerbe ,the ,reich ,business ,manager ,to the ,reich ,leader ,,ss ,berlin1 #bh ,january #aidc ,personal ,staff ,g_/,r_/#h ,s #a_/,sb illegible shorthand notes ,attention3 ,,ss ,obersturmbannfuehrer ,dr4 ,r4 ,brandt ,berlin ,s4 ,w4 #aa1 ,prinz ,albrecht ,str4 #h ,secret6 ,subject3 ,research of ,dr4 ,rascher4 ,dear comrade ,brandt6 ,i submit to you enclosed a documentary note of ,dr4 ,rascher on his discussion with the ,reich ,physician ,,ss ,reichsarzt ,,ss of #ac ,january #aidc4 ,i would be much obliged to you if you could advise us as to what attitude we or ,dr4 ,rascher are to take in the future4 ,i am slightly astonished about the course of the discussion1 for the orders of the ,reich ,leader ,,ss were especially to the effect that we--that is the ,ahnenerbe--were to take ,dr4 ,rascher's work under our care4 ,the argument of ,,ss ,gruppenfuehrer ,grawitz1 that it constituted an unbearable situation to have a non-physician give information on medical matters1 is not pertinent4 ,i have never claimed to be a judge of medical matters1 nor do ,i consider it as one of my duties4 ,my duty merely consists of smoothing the way for the research men and seeing that the tasks ordered by the ,reich ,leader ,,ss are carried out in the quickest possible way4 ,on one thing ,i certainly can form an opinion--that is1 on who is doing the quickest job4 ,if things are to go on in the future as ,,ss ,gruppenfuehrer ,grawitz desires1 ,i am afraid that ,dr4 ,rascher's work will not continue to advance as fast and unhampered as hitherto4 ,with comradely greetings1 ,heil ,hitler6 ,yours ,signature ,,sievers ,stamp3 ,personal ,staff ,,rf ,,ss _/ ,enclosure ,received on3 #dth ,feb4 #aidc #a ,journal ,no3 #aghf_/dc ,to3 ,,rb ,please turn6 ,,copy ,documentary note on discussion ,reich ,physician ,,ss ,reichsarzt ,,ss ,dr4 ,grawitz--,,ss ,obersturmbannfuehrer ,dr4 ,poppendick--,,ss ,hauptsturmfuehrer ,dr4 ,rascher1 #ac ,january #aidc4 ,,rascher3 ,reports on freezing experiments with water and emphasizes that they have been concluded practically1 but not in theory4 ,,grawitz3 ,question about the memorandum4 ,whether ,rascher believes this to be absolutely established for dry freezings1 too8 ,,rascher3 ,no1 a lot of theoretical work is still to be done1 primarily many practical experiments have still to be conducted4 ,,grawitz3 ,that is my opinion1 too4 ,we cannot distribute a memorandum to the troops1 abolishing all former views1 if this is not entirely well-founded1 as otherwise uncertainties will arise among the troops4 ,i shall write to ,obersturmbannfuehrer ,dr4 ,brandt that ,i am asking the ,reich ,leader ,,ss not to distribute the memorandum before a well-founded method of treatment of dry frozen persons has been established4 ,,rascher3 ,very well1 that's why the ,reich ,leader ,,ss gave me the order of #ac ,december #aidb4 ,but ,i urgently want to emphasize that the results of the freezing experiments with water have been established and are well-founded4 ,,grawitz3 ,well1 now1 this had to be mentioned in the letter to ,brandt so that you are not blamed in any way6 ,you see1 from my former activities 7mention of some hospital7 ,i know so much about metabolism that ,i am almost a specialist in this field and can help you enormously4 ,,rascher3 ,as ,i understood1 ,gruppenfuehrer1 that's why ,i am to turn to your office for glass materials1 chemicals1 etc4 ,,grawitz3 ,no4 ,not only for that4 ,you have to turn to me in all medical matters1 since after all1 ,i am ,reich ,physician ,,ss and all medical affairs are subordinate to me4 ,it is absolutely necessary that all medical matters destined for the ,reich ,leader ,,ss go through my office4 ,,rascher3 ,i don't know1 ,gruppenfuehrer1 if this was the intention4 ,i am under the direct orders of the ,reich ,leader ,,ss and ,i have always reported directly to him4 ,i have never received orders to another effect4 ,,grawitz3 ,you certainly will be transferred to the ,waffen ,,ss8 ,,rascher3 ,yes1 ,i hope so4 ,the transfer is under way4 ,,grawitz3 ,there you are4 ,then you will be under my orders as a physician at any rate and all matters will have to go through my office1 otherwise the situation would be unbearable4 ,,rascher3 ,but ,i am under the orders of the ,ahnenerbe6 ,am ,i to report to you1 too1 what ,i have to report to the ,ahnenerbe8 ,,grawitz3 ,certainly6 ,at least a copy on all medical matters has to be sent to me for my information4 ,for it is an unbearable situation to have a non-physician1 such as ,standartenfuehrer ,sievers1 inform me on medical matters if he does not have the adequate special medical education4 ,i have nothing against ,sievers4 ,well1 yes1 ,i know you are of the ,ahnenerbe4 ,i don't say anything against your work for the ,ahnenerbe1 but ,i want you to work with the ,ahnenerbe for the ,reich ,physician4 ,i shall also write to ,brandt on that matter4 ,,poppendick3 ,well1 ,i already had to ask ,standartenfuehrer ,sievers several times to come to me to receive information4 ,in the long run all medical matters wind up with us1 anyway4 ,,grawitz3 ,you see1 this is the point6 ,when the ,reich ,leader ,,ss does not understand a medical matter clearly he hands the matter over to me1 anyway4 ,,rascher3 ,of course1 ,i am grateful for every kind of help1 but ,i believe that ,i am primarily under the orders of the ,ahnenerbe4 ,,grawitz3 ,certainly not when you are a member of the ,waffen ,,ss4 ,i am able to be of much use to you through my knowledge and ,i shall inform ,brandt to that effect4 ,it isn't that ,i bear a grudge against you or your work1 but all things have to follow their course4 ,don't be afraid1 scientific thefts don't occur with us4 ,as ,i know1 you have to acquire the right of giving lectures at universities as a qualified academic teacher under ,pfannenstiel4 ,and you will need support4 ,do you want to be supported by me8 ,,rascher3 ,of course1 ,i thank you most obediently4 ,where ,i need support1 ,i gladly accept it4 ,,grawitz3 ,well1 we shall wait then with the memorandum until you have a few hundred cases1 then we shall continue4 ,of course1 ,i would not like the ,reich ,leader ,,ss to believe that ,i want to impede you4 ,but if something has not yet been proved to a great extent1 we cannot distribute anything to the troops that might spread uncertainty among the responsible authorities6 ,everything may be true for freezing by water1 but we don't have that in the ,waffen ,,ss4 ,so you agree to wait with the distribution of the memorandum4 ,,rascher3 ,gruppenfuehrer1 anyway it is entirely your affair1 whether the memorandum is issued now1 as you are responsible for it4 ,i composed the memorandum on the basis of these few cases of dry freezing1 because the ,reich ,leader ,,ss pressed for its publication4 ,in composing the memorandum1 ,i was fully aware of the necessity that many experiments still have to be carried out1 and ,i also submitted this view on the occasion of a discussion with the ,reich ,leader ,,ss in ,dachau4 ,but the ,reich ,leader saw the results in ,dachau and in wanting to help the troops ordered the memorandum to be drawn up4 ,,grawitz3 ,in composing a memorandum or in any other scientific work you should not let anybody press you1 not even the ,reich ,leader ,,ss1 that will never do6 ,well now1 you'll send me a copy of all your medical correspondence with the ,ahnenerbe1 and you'll no longer write directly to the ,reich ,leader ,,ss in medical matters but write to me1 as it comes to me anyway4 ,will you do that8 ,,rascher3 ,i'll have to discuss the matter with ,standartenfuehrer ,sievers first1 this comes too much as a surprise4 ,,grawitz3 ,well1 ,i shall send you a copy of my letter to ,dr4 ,brandt so that you can get a clear picture4 ,i am very pleased to have established such a close contact with you4 ,this is a certified true copy4 ,signature ,,wolff ,,ss ,untersturmfuehrer ,,translation ,,of ,,document #afaf-,,ps ,,prosecution ,,exhibit #aje ,,letter ,,from ,,rascher ,,to ,,himmler1 #ag ,,february #aidc1 ,,and ,,summary ,,of ,,experiments ,,for ,,rewarming ,,of ,,chilled ,,human ,,beings ,,by ,,animal ,,warmth1 #ab ,,february #aidc ,dr4 ,s4 ,rascher ,,ss ,hauptsturmfuehrer ,munich1 #ag ,february #aidc ,to the ,reich ,leader ,,ss and ,chief of the ,german ,police ,heinrich ,himmler ,berlin ,,sw #aa1 ,prinz ,albrecht ,str4 #h ,dear ,reich ,leader1 ,enclosed ,i present to you in condensed form a summary of the results of the experiments made in warming up people who have been cooled off by using animal heat4 ,right now ,i am attempting to prove through experiments on human beings that it is possible to warm up people cooled off by dry cold just as fast as people who were cooled off by remaining in cold water4 ,the ,reich ,physician ,,ss1 ,,ss ,gruppenfuehrer ,dr4 ,grawitz1 doubted very much that that would be possible and said that ,i would have to prove it first by #ajj experiments4 ,up to now ,i have cooled off about #cj people stripped in the open air during #i-ad hours at #bg-bi4 ,after a time corresponding to a transport of #a hour1 ,i put these subjects in a hot bath4 ,up to now every single patient was completely warmed up within #a hour at most1 though some of them had their hands and feet frozen white4 ,in some cases a slight fatigue with slightly rising temperature was observed on the day following the experiments4 ,i have not observed any fatal results from this extremely fast warming up4 ,i have not so far been able to do any warming up by 8,sauna0 as ordered by you1 my dear ,reich ,leader1 as the weather in ,december and ,january was too warm for any experiments in the open air1 and right now the camp is closed on account of typhoid and ,i am not allowed therefore to bring in subjects1 for 8,sauna0 experiments4 99 99 99 99 99 ,with most obedient greetings and sincere gratitude1 and ,heil ,hitler6 ,yours very devotedly ,,rascher 7enclosure7 99 99 99 99 99 ,secret ,experiments for rewarming of intensely chilled human beings by animal warmth ,a4 ,purpose of the ,experiments ,to ascertain whether the rewarming of intensely chilled human beings by animal warmth1 i4 e41 the warmth of animals or human beings1 is as good or better than rewarming by physical or medical means4 ,b4 ,method of the ,experiments ,the experimental subjects were cooled in the usual way--clad or unclad--in cold water of temperatures varying between #d ,c4 and #i ,c4 ,the rectal temperature of every experimental subject was recorded thermoelectrically4 ,the reduction of temperature occurred within the usual span of time varying in accordance with the general condition of the body of the experimental subject and the temperature of the water4 ,the experimental subjects were removed from the water when their rectal temperature reached #cj ,c4 ,at this time the experimental subjects had all lost consciousness4 ,in eight cases the experimental subjects were then placed between two naked women in a spacious bed4 ,the women were supposed to nestle as closely as possible to the chilled person4 ,then all three persons were covered with blankets4 ,a speeding up of rewarming by light cradles or by medicines was not attempted4 ,c4 ,results #a4 ,when the temperature of the experimental subjects was recorded it was striking that an after-drop of temperature up to #c ,c4 occurred1 which is a greater after-drop than seen with any other method of rewarming4 ,it was observed1 however1 that consciousness returned at an earlier point1 that is1 at a lower body temperature than with other methods of rewarming4 ,once the subjects regained consciousness they did not lose it again1 but very quickly grasped the situation and snuggled up to the naked female bodies4 ,the rise of body temperature then occurred at about the same speed as in experimental subjects who had been rewarmed by packing in blankets4 ,exceptions were four experimental subjects who1 at body temperatures between #cj ,c4 and #cb ,c41 performed the act of sexual intercourse4 ,in these experimental subjects the temperature rose very rapidly after sexual intercourse1 which could be compared with the speedy rise in temperature in a hot bath4 #b4 ,another set of experiments concerned the rewarming of intensely chilled persons by one woman4 ,in all these cases rewarming was significantly quicker than could be accomplished by two women4 ,the cause of this seems to me that in warming by one woman only1 personal inhibitions are removed1 and the woman nestles up to the chilled individual much more intimately4 ,also in these cases1 the return of complete consciousness was strikingly rapid4 ,only one experimental subject did not return to consciousness and the warming effect was only slight4 ,this person died with symptoms suggesting cerebral hemorrhage1 as was confirmed by subsequent autopsy4 ,d4 ,summary ,rewarming experiments of intensely chilled experimental subjects demonstrated that rewarming with animal warmth was very slow4 ,only such experimental subjects whose physical condition permitted sexual intercourse rewarmed themselves remarkably quickly and showed an equally strikingly rapid return to complete physical well-being4 ,since excessively long exposure of the body to low temperatures implies danger of internal damage1 that method must be chosen for rewarming which guarantees the quickest relief from dangerously low temperatures4 ,this method1 according to our experiences1 is a massive and rapid supply of warmth by means of a hot bath4 ,rewarming of intensely chilled human beings by human or animal warmth can therefore be recommended only in such cases in which other possibilities for rewarming are not available1 or in cases of specially tender individuals who possibly may not be able to stand a massive and rapid supply of warmth4 ,as for example1 ,i am thinking of intensely chilled small children1 who are best rewarmed by the body of their mothers1 with the aid of hot water bottles4 ,dachau1 #ab ,february #aidc4 ,signature ,,dr4 ,s4 ,,rascher ,,ss ,hauptsturmfuehrer ,,translation ,,of ,,document ,,no-#bfh ,,prosecution ,,exhibit #ajf ,,letter ,,from ,,hippke ,,to ,,himmler1 #ai ,,february #aidc1 ,,on ,,freezing ,,experiments ,,in ,,dachau ,the ,inspector of the ,medical ,service of the ,luftwaffe ,berlin ,w#h1 #ai ,february #aidc ,leipziger ,strasse ,phone numbers3 illegible ,cable address3 ,reichsluft ,berlin ,file ,no4 #ee ,no4 #hajch_/dc 7#b ,,iib7 ,reich ,leader1 ,the experiments conducted in ,dachau concerning protective measures against the effects of freezing on the human body by immersion in cold water have led to results of practical use4 ,they were conducted by the ,stabsaerzte ,captains of the ,luftwaffe1 ,professor ,dr4 ,holzloehner1 ,dr4 ,fink1 and ,dr4 ,rascher in cooperation with the ,,ss1 and are now finished4 ,the results were reported upon by those who worked on them during a conference on medical problems arising from distress at sea and winter hardships1 on #bf and #bg ,october #aidb1 at ,nuernberg4 ,the detailed report on the conference is at present in state of preparation4 ,i thank you most gratefully for the great assistance that the cooperation of the ,,ss has meant for us in conducting the experiments1 and beg you to express our thanks1 too1 to the commander of the ,dachau camp4 ,heil ,hitler6 ,signature ,,prof4 ,,dr4 ,,hippke #b 8 ,feb #aidc #aeji_/dc ,,rf stamp illegible figures #aeji_/dc handwritten ,,translation ,,of ,,document #aehj-,,ps ,,prosecution ,,exhibit #ajg ,,letter ,,from ,,himmler ,,to ,,rascher1 #bf ,,february #aidc1 ,,on ,,freezing ,,experiments ,,in ,,the ,,concentration ,,camps ,,auschwitz ,,and ,,lublin ,the ,reich ,leader ,,ss #aeaf_/dc #bf ,february #aidc ,secret ,dear ,rascher1 ,best thanks for your letter of #ag ,february#bi with report on warming-up experiments4 ,i agree to experiments being made at ,auschwitz or ,lublin1 although ,i believe that the time for the cooling-off and warming-up tests under natural conditions of cold weather has nearly passed for this winter4 ,i am sending this letter at the same time to ,,ss ,obergruppenfuehrer ,pohl1 whom ,i request to order the execution of your experiments at ,lublin or ,auschwitz4 ,kind greetings and ,heil ,hitler6 ,yours ,signed ,h4 ,,himmler #b4 ,,ss ,obergruppenfuehrer ,pohl ,transmitted with request to take note and to take the necessary steps4 ,by order1 ,signature 7illegible7 ,,ss ,obersturmbannfuehrer ,,partial ,,translation ,,of ,,document ,,no-#bib ,,prosecution ,,exhibit #aaa ,,letter ,,from ,,rascher ,,to ,,rudolf ,,brandt1 #d ,,april #aidc1 ,,reporting ,,on ,,dry-,,freezing ,,experiments ,,in ,,dachau ,dr4 med4 ,sigmund ,rascher #d ,april #aidc ,to ,herr ,oberregierungsrat ,,ss ,obersturmbannfuehrer ,dr4 ,r4 ,brandt ,berlin ,,sw #aa1 ,prinz ,albrecht ,strasse #h ,much esteemed ,obersturmbannfuehrer6 99 99 99 99 99 ,the question of the saving of people frozen in the open air has in the meantime been cleared up1 since1 thank goodness1 there was once again a period of heavy frost weather in ,dachau4 ,certain people were in the open air for #ad hours at -#f ,c41 reached an internal temperature of #be ,c4 with peripheral freezings1 and were all able to be saved by a hot bath4 ,as ,i said3 it is easy to contradict6 ,but before someone does so1 he should come and see for himself4 ,moreover1 a report about freezing in the open air will be sent to the ,reich ,leader in the next few days4 ,with best wishes1 ,heil ,hitler6 ,yours gratefully1 ,signature ,s4 ,,rascher ,,translation ,,of ,,document ,,no-#cbb ,,prosecution ,,exhibit #aad ,,letter ,,from ,,rascher ,,to ,,keindl1 #bh ,,april #aidc1 ,,about ,,previous ,,freezing ,,experiments ,,conducted ,,at ,,sachsenhausen ,dr4 med4 ,s4 ,rascher1 ,,ss ,hauptsturmfuehrer ,personal ,staff ,leader ,,ss ,division 7,abteilung7 ,chief at the ,institute for ,military ,scientific ,research ,office ,a 7,amt ,a7 ,dachau #c,k1 #bh ,april #aidc ,to the ,commander of the ,sachsenhausen ,concentration ,camp1 ,,ss ,obersturmbannfuehrer ,keindl ,sachsenhausen1 near ,oranienburg ,obersturmbannfuehrer6 ,by order of the ,reich ,leader ,,ss1 ,i have been conducting freezing experiments on human beings in the ,dachau concentration camp for more than a year4 ,today ,i learned from an experimental subject that ,i was not the only one conducting these experiments1 but that1 on the contrary1 already in ,october and ,november #aich1 similar experiments were conducted in the ,sachsenhausen concentration camp4 ,,ss ,hauptsturmfuehrer ,dr4 ,samenstrang is said to have frozen experimental subjects--that is prisoners--in cold water1 and subsequently revived them by means of warm water or hot compresses4 ,as ,i was to work out and have worked out a prescription for the ,waffen ,,ss for the resuscitation of frozen persons 7for the campaign in the ,east71 knowledge of all preliminary experiments in my field of work is of great importance for me4 ,i therefore request that if possible you let me know what kind of experiments were conducted in your camp1 and1 if possible1 what results were obtained in connection with these experiments4 ,as you might not know anything about me1 please make inquiries about me1 if necessary1 either at the ,personal ,staff of the ,reich ,leader ,,ss 7,obersturmbannfuehrer ,baumert7 or from the ,commander of the ,dachau concentration camp1 ,,ss ,sturmbannfuehrer ,weiss4 ,yours sincerely ,heil ,hitler6 ,,translation ,,of ,,document ,,no-#bca ,,prosecution ,,exhibit #aaf ,,letter ,,from ,,rascher ,,to ,,sievers1 #ag ,,may #aidc1 ,,concerning1 ,a ,,conference ,,with ,,gebhardt ,,on ,,freezing ,,experiments ,copy ,by ,messenger6 ,dr4 med4 ,rascher1 ,,ss ,hauptsturmfuehrer ,dachau #c,k1 #ag ,may #aidc ,to3 ,reich ,business ,manager of the ,ahnenerbe ,society ,attn3 ,,ss ,standartenfuehrer ,sievers ,berlin-,dahlem1 #af ,pueckler ,street ,dear ,standartenfuehrer6 ,the following contains a short account of my report to ,,ss ,gruppenfuehrer ,dr4 ,gebhardt4 ,on #ad ,may #aidc1 ,i reported to ,,ss ,gruppenfuehrer ,prof4 ,dr4 ,gebhardt at ,hohenlychen4 ,i had hardly arrived1 when ,,ss ,gruppenfuehrer ,dr4 ,gebhardt asked me in a very loud voice to explain how ,i dared to submit specialist medical reports directly to the ,reich ,leader ,,ss 7he was referring to the treatise on 8,the ,cooling of ,human ,beings ,outdoors074 ,i actually did not even get a chance to speak and practically couldn't reply anything4 ,then1 when ,i tried to reply1 ,prof4 ,dr4 ,gebhardt said that if ,i wanted to defy him1 my train would be leaving for ,berlin at #c o'clock4 ,when ,i was finally given the opportunity to speak ,i was able to point out to ,prof4 ,dr4 ,gebhardt that the report in question was not meant to be a strictly scientific work1 but simply was a short information for the ,reich ,leader ,,ss on the results of the experiments conducted up to now4 ,dr4 ,gebhardt had taken the view that the report was unscientific1 and if a student of the second term dared to submit a treatise of that kind1 he would throw him out4 ,later on ,i was able to tell him that of course all the physiological-chemical experiments that could be carried out in ,dachau with the available instruments had indeed been conducted4 ,whereupon ,dr4 ,gebhardt replied3 8,i can imagine that you did a lot of work2 one can tell it from this job4 ,if ,i had not believed that you did a lot of work1 ,i would not have asked you to come at all40 ,in addition ,dr4 ,gebhardt said that he intended to merge all the groups of physicians working independently within the ,,ss1 since that would suit the ,reich ,leader ,,ss much better than individual people working on their own4 ,besides that1 he said that ,i somehow ought to learn university methods of working since very likely ,i did not yet have the proper training4 ,he suggested that it was necessary for me to get out of ,dachau since there ,i was quite left to myself and had no guidance whatsoever2 that since ,i intended to enter upon a university career1 ,i would by all means have to complete the training of a university assistant first4 ,he further said that all those ,,ss physicians1 who are qualified to enter upon a university career1 had the duty to do so4 ,upon my reply that for that reason ,i was already in touch with ,professor ,pfannenstiel1 ,professor ,gebhardt replied that these matters ought to be processed by a centralized agency4 ,in future it would not do that ,i send any reports directly to the ,reich ,leader ,,ss1 but that further reports to serve their purpose would have to be transmitted through him to the ,reich ,leader4 ,if the report had reached a suitable stage1 he would first inform the ,reich ,leader ,,ss1 and then go to see the ,reich ,leader ,,ss together with me4 ,finally ,dr4 ,gebhardt asked me to give him data on my personal and scientific career to enable him to make further arrangements4 ,he requested me to call again in the afternoon4 ,when ,i called in the afternoon1 ,i was1 as in the morning1 accompanied by ,,ss ,hauptsturmfuehrer ,dr4 ,fischer4 ,this time ,dr4 ,gebhardt was extremely amiable4 ,he asked me whether ,i now agreed with his arrangements2 it would be by far the best ,i could do1 if ,i joined him4 ,i should not worry1 but just continue my work in ,dachau1 until ,i had finished my jobs4 ,later1 one would see what was to be done for the future4 ,upon my question1 what it was all about1 and who was my superior1 whether the ,reichsarzt ,,ss1 ,,ss ,gruppenfuehrer ,dr4 ,grawitz1 who had come for an inspection several days ago1 the ,reich ,leader ,,ss1 as he personally had promised me1 or the ,ahnenerbe1 of which ,i had been a member for years1 ,dr4 ,gebhardt suggested that all that will be straightened out4 ,just trust it to me4 ,but ,i'll need your curriculum vitae soon1 since ,i have to report to the ,reich ,leader ,,ss on #bc ,may4 ,may ,i ask you1 ,standartenfuehrer1 under whom ,i am actually working8 ,under the ,reich ,leader ,,ss1 the ,ahnenerbe1 the ,reich ,physician ,,ss or ,dr4 ,gebhardt8 ,dr4 ,gebhardt has already asked me why ,i am not a member of the ,waffen ,,ss4 ,upon my answer that ,dr4 ,hippke does not like to let me go1 he declared that ,i was too able for him to let me go4 ,standartenfuehrer6 ,if the same tug of war starts in the ,waffen ,,ss as has been going on between ,luftwaffe and the ,,ss1 ,i'd rather do without a transfer to the ,waffen ,,ss4 ,i was promised that ,i would continue to work under the ,reich ,leader ,,ss or under the ,ahnenerbe4 ,but ,i cannot serve several masters at the same time4 ,of course ,i am convinced that ,,ss ,gruppenfuehrer ,prof4 ,dr4 ,gebhardt has the best of intentions4 ,his assistants are enthusiastic about him4 ,if ,i am compelled to ask ,prof4 ,dr4 ,gebhardt's advice each time ,i am going to start a new experiment1 ,i will get so much involved in the academic routine that ,i won't even be allowed to experiment with such a method as rapid resuscitation which overthrows all the established clinical experiences because the results contradict ,prof4 ,dr4 ,gebhardt's methods which are based upon centuries-old clinical experiences4 ,also the cooperation with ,professor von ,luetzelberg would thus come to an end1 as these experiments are from the very start contradictory to the hitherto recognized clinical experiences4 ,i think1 this arrangement would stop everything that really ought to be experimented4 ,i pray you with all my heart1 ,standartenfuehrer1 to handle this affair in such a way that ,prof4 ,dr4 ,gebhardt1 who is a very close friend of the ,reich ,leader ,,ss does not become my enemy4 ,i think that ,prof4 ,dr4 ,gebhardt can and will be an extremely disagreeable adversary4 ,before ,i get into trouble with him1 ,i would rather resign my job and ask for an immediate transfer to the ,luftwaffe for combat service4 ,i therefore ask you again to deal with this affair with as much circumspection as it actually requires1 because in addition ,i am convinced that ,prof4 ,dr4 ,gebhardt 7apart from his personal ambition7 really has good intentions4 99 99 99 99 99 ,very respectfully yours and ,heil ,hitler6 ,yours very devotedly ,signature ,s4 ,,rascher ,this is to certify that the above copy is true3 ,signature ,,sievers ,,ss ,standartenfuehrer4 ,,translation ,,of ,,document ,,no-#dcb ,,prosecution ,,exhibit #aai ,,letter ,,from ,,rascher ,,to ,,neff1 #ba ,,october #aidc1 ,,concerning ,,dry-,,freezing ,,experiments ,dr4 ,s4 ,rascher ,dachau1 #ba ,october #aidc ,to ,police-,rottwachtmeister ,walter ,neff ,police ,training ,battalion ,i ,dresden-,hellerau ,dear ,neff3 ,your letter dated #aa4aj reached me here on #ae4aj4 ,first of all many thanks for your decision to write such a detailed letter4 ,i really was very pleased about it4 ,to come right away to the affair concerned3 ,i am very sorry to hear that you are being bullied1 especially as there exists no reason at all for it4 ,please let me know the name1 rank1 and address of your commanding officer because ,i most certainly will take the matter up4 ,there is no purpose at all in your getting stuck there4 ,finally ,i too know how the general condition of your health had been1 when you were still here1 and ,i also am able to judge that you cannot go through heavy infantry training4 ,i am glad that you have become accustomed to the ideals of the place and ,i am convinced that you would be glad to go to the front4 ,but on the other hand1 ,i believe that ,i need you more urgently than you are needed at the front4 ,as a matter of fact ,i need you for the following3 ,from the ,reich ,research ,council ,reichsforschungsrat ,i got the order to carry out open country freezing experiments and ,i think they will take place on the ,sudelfeld4 ,now ,i need urgently a most reliable man1 acquainted with the material1 and that is you in this case4 ,during the next few days ,i will go with ,sievers to the ,fuehrer's ,headquarters ,fuehrerhauptquartier1 and report there in this sense1 and will let you know immediately4 99 99 99 99 99 ,i expect your notice soon1 and remain until then with sincerest comradely regards1 ,your old chief1 ,initialed ,r4 ,,translation ,,of ,,document ,,no-#fij ,,prosecution ,,exhibit #abj ,,list ,,of ,,research ,,projects ,,from ,,the ,,files ,,of ,,the ,,reich ,,research ,,council ,cancer ,research--#gj--;copies #ae pencil notation #beth copy4 ,worked on by3 ,professor ,dr4 ,k4 ,blome ,berlin ,,sw #fh ,lindenstr4 #db #gg pencil notation ,telephone3 #agdhga #ibi pencil notation ,priority3 8,,ss0 ,,ss-,no4 ,requested by-- ,topic ,registration,degree of ,no4 secrecy #jdec ,schwarz1 ,kruft ,combating of #bjeh_/ae potato bug4 #jdif ,seel1 ,poznan ,investigation of #baah_/ae means for combating agricultural parasites and for disinfection of the soil4 #jcbh ,rascher1 ,munich ,rewarming after #ahgi_/ae general freezing of the human body2 healing after partial freezings2 adjustment of the human body to low temperatures4 #jcbi ,hirt1 ,strasbourg ,changes in the #ahha_/ae living organism under the influence of poison gases4 #jdae von ,borstell1 ,colonel1,development of #aige_/ae ,secret4 ,weimar-,nohra4 aircraft apparatus for insecticides and fungicides which can be sprayed4 ,cancer ,research ,worked on by3 ,prof4 ,dr4 ,k4 ,blome ,berlin ,,sw #fh ,lindenstr4 #db ,telephone3 #agdhga ,deputy3 ,dr4 ,breuer ,berlin-,steglitz ,grunewaldstr4 #ce ,telephone3 #gbfjga ,no4 ,requested by-- ,topic #jded_/aheg_/ae,zipf1 ,koenigsberg ,tests of food colors for their cancer-causing effect on animals4 #jdgc_/ahch_/ae,spek1 ,heidelberg ,physio-chemical investigations on living cells4 ,stamp ,top ,secret ,the ,reich ,research ,council #bb pencil notation ,the ,director of the ,business ,management ,committee ,cancer ,research #c;d copy ,authorized person3 ,prof4 ,dr4 ,kurt ,blome ,berlin ,,sw #fh1 ,lindenstr4 #db 8,nesselsted0 ,prof4 ,dr4 ,blome1 ,commissioner for ,cancer ,research1 ,berlin ,,sw #fh4 ,lindenstr4 #db ,,de #adac--,,rps--,,vli_/#dd ,,ss #dhia--jbdb 7#agci_/ae7 #dd ,,extracts ,,from ,,the ,,testimony ,,of ,,tribunal ,,witness ,,walter ,,neff#cj ,,examination ,,by ,,prosecution 99 99 99 99 99 ,,mr4 ,,mchaney3 ,when did the freezing experiments start8 ,,witness ,,neff3 ,the first freezing experiments started during ,august or at the end of ,july4 ,they were conducted by ,prof4 ,holzloehner1 ,dr4 ,finke1 and ,dr4 ,rascher4 ,the freezing experiments can be divided into two separate classes1 the ,holzloehner-,finke series1 which were later dropped1 and a series where ,dr4 ,rascher conducted these experiments himself4 ,q4 ,all right4 ,suppose you describe the experimental basin4 ,a4 ,the experimental basin was built of wood4 ,it was #b meters long and #b meters high4 ,it was raised about #ej centimeters above the floor and it was in ,block ,no4 #e4 ,in the experimental chamber and basin there were many lighting instruments and other apparatus which were used in order to carry out measurements4 ,q4 ,now1 you have stated that you can divide the freezing experiments into two groups1 one where ,holzloehner and ,finke were working with ,rascher and then the period after ,holzloehner and ,finke had left8 ,a4 ,yes4 ,q4 ,now1 will you tell the ,tribunal approximately how many persons were used over the whole period8 ,that is1 including both groups that you have mentioned4 ,a4 ,two hundred and eighty to three hundred experimental subjects were used for these freezing experiments4 ,there were really #cfj to #djj experiments that were conducted1 since many experimental subjects were used for more than one such experiment--sometimes even for three4 ,q4 ,now1 out of the total of #bhj or #cjj prisoners used1 approximately how many died8 ,a4 ,approximately #hj to #ij subjects died as a result of these freezing experiments4 ,q4 ,now1 how many experimental subjects do you remember that they used in the ,holzloehner-,finke-,rascher experiments8 ,a4 ,during that period of time approximately #ej to #fj subjects were used for experimental purposes4 ,q4 ,did any of these experimental subjects die8 ,a4 ,yes4 ,during that period of time there were about #ae1 maybe even #ah cases of death4 ,q4 ,when was that experimental series concluded8 ,a4 ,it was concluded in the month of ,october4 ,i think it was at the end of ,october4 ,at that time ,holzloehner and ,finke discontinued these experiments1 giving the reason that they had accomplished their purpose and that it was useless to carry out further experiments of that kind4 ,q4 ,and then ,rascher continued experiments on his own8 ,a4 ,yes4 ,rascher conducted these experiments saying that he had to build a scientific basis for them and he prepared a lecture for ,marburg ,university on the subject4 ,q4 ,how long did ,rascher continue to experiment with freezing by cold water8 ,a4 ,until ,may #aidc4 ,q4 ,now1 were the experimental subjects for the freezing experiments selected in the same way as for the high-altitude experiments8 ,a4 ,no4 ,here ,rascher turned to the camp administration and told them that he needed so and so many experimental subjects4 ,then the political department of the camp selected #aj inmates by name4 ,that list was sent to the camp commandant and was signed by the camp commandant and they were then sent to ,rascher's station and the subjects on that list had to be experimented on4 ,i was able to use the original list as evidence in the first ,dachau trial4 ,q4 ,do ,i understand then that the experimental subjects used in the freezing experiments were political prisoners8 ,a4 ,there were a number of political prisoners and also a number of foreigners1 but there were also prisoners of war and inmates who had been condemned to death4 ,q4 ,these persons were not volunteers1 were they8 ,a4 ,no4 ,q4 ,suppose you describe to the ,tribunal exactly how these freezing experiments were carried out1 that is what tests they made1 how they measured the temperature and how the temperature of the water was lowered in the basin and so forth8 ,a4 ,these basins were filled with water1 and ice was added until the water measured #c1 and the experimental subjects were either dressed in a flying suit or were placed into the ice water naked4 ,during the period when ,holzloehner and ,finke were active1 most experiments were conducted under narcotics because he maintained that you could not find the exact condition of the blood1 and that you would exclude the will power of the experimental subject if he was under an anaesthetic4 ,now whenever the experimental subjects were conscious1 it took some time until so-called freezing narcosis set in4 ,the temperature was measured rectally and through the stomach through the ,galvanometer apparatus4 ,the lowering of the temperature to #cb was terrible for the experimental subject4 ,at #cb the experimental subject lost consciousness4 ,these persons were frozen down to #be body temperature1 and now in order to enable you to understand this problem1 ,i should like to tell you something about the ,holzloehner and ,finke period4 ,during the period when ,holzloehner and ,finke were active1 no experimental subject was actually killed in the water4 ,deaths occurred all the more readily because during revival the temperature dropped even further and so heart failure resulted4 ,this was also caused by wrongly applied therapy1 so that in contrast to the low-pressure experiments1 deaths were not deliberately caused4 ,in the air-pressure chamber on the other hand1 each death cannot be described as an accident1 but as willful murder4 ,however1 it was different when ,rascher personally took over these experiments4 ,at that time a large number of the persons involved were kept in the water until they were dead4 ,q4 ,now1 ,witness1 you have identified the defendant ,weltz in the defendants' dock4 ,on what occasion did you meet ,weltz8 ,a4 ,i met ,weltz in ,munich4 ,i saw him there once4 ,according to my recollection it was in ,luftgau ,kommando ,,vii1 ,prinzregenten ,strasse ,no4 #b1 and ,i saw him speak to ,rascher there1 and at a later date ,rascher told me that that was ,professor ,weltz4 ,i remember this incident especially since ,rascher often discussed ,weltz and his animal experiments1 which he carried out with reference to freezing4 ,i never saw ,professor ,weltz in ,dachau or anywhere in the camp4 ,q4 ,do you know1 ,witness1 whether ,rascher and ,weltz exchanged information on freezing problems8 ,a4 ,i don't know that4 ,i would assume so1 since ,rascher discussed ,professor ,weltz' experiments1 and he certainly must have had some discussions with ,weltz on the subject4 ,however1 ,i know of no correspondence with ,weltz4 ,q4 ,do you recall the occasion when two ,russian officers were experimented upon in the freezing experiments8 ,a4 ,yes4 ,q4 ,will you relate that incident to the ,tribunal8 ,a4 ,yes4 ,it was the worst experiment which was ever carried out4 ,two ,russian officers were carried out from the bunker4 ,we were forbidden to speak to them4 ,they arrived at approximately #d o'clock in the afternoon4 ,rascher had them undressed and they had to go into the basin naked4 ,hour after hour passed and while usually after a short time1 #fj minutes1 freezing had set in1 these two ,russians were still conscious after #b hours4 ,all our appeals to ,rascher asking him to give them an injection were of no avail4 ,approximately during the third hour one ,russian said to the other1 8,comrade1 tell that officer to shoot us40 ,the other replied1 8,don't expect any mercy from this ,fascist dog40 ,then they shook hands and said 8,goodbye1 ,comrade40 ,if you can imagine that we inmates had to witness such a death1 and could do nothing about it1 then you can judge how terrible it is to be condemned to work in such an experimental station4 ,after these words were translated for ,rascher in a somewhat different form by a young ,pole1 ,rascher went back into his office4 ,the young ,pole tried at once to give them an anesthetic with chloroform1 but ,rascher returned immediately and threatened to shoot us with his pistol if we dared approach these victims again4 ,the experiment lasted at least #e hours until death occurred4 ,both corpses were sent to ,munich for autopsy in the ,schwabing ,hospital4 ,q4 ,witness1 how long did it normally take to kill a person in these freezing experiments8 ,a4 ,the length of the experiment varied1 according to the individual case4 ,whether the subject was clothed or unclothed also made a difference4 ,if he was slight in build and if in addition to that he was naked1 death often occurred after only #hj minutes4 ,but there were a number of cases where the experimental subject lived up to #c hours1 and remained in the water until finally death occurred4 99 99 99 99 99 ,q4 ,will you describe to the ,tribunal the method used for rewarming the victims of the freezing experiments8 ,a4 ,during the period when ,rascher1 ,holzloehner1 and ,finke were there1 rewarming was in the beginning carried out by massage and partly by means of injections of drugs affecting the heart1 and also by means of rewarming by electrical heaters and sometimes by means of a warm bath4 ,at the end of the ,holzloehner period1 the hot water rewarming method was introduced1 and that was carried out until the end of the rewarming experiments with the exception of a few special experiments with animal heat4 ,about #aj women from the concentration camp at ,ravensbrueck were ordered to report to ,dachau to supply the heat and were forced to press themselves against the body of the frozen person in order to rewarm him in that manner4 ,these are the methods which were employed in order to rewarm the frozen body4 ,q4 ,now1 ,witness1 did ,i understand you to say that the hot water bath method of rewarming was not adopted until after ,holzloehner and ,finke had left8 ,a4 ,after ,holzloehner and ,finke had left the station1 hot water rewarming was also carried out4 ,q4 ,do you recall receiving orders in ,september #aidb from ,sievers to take the hearts and lungs of five inmates who had been killed to ,professor ,hirt in ,strasbourg for further scientific study8 ,a4 ,it is correct that ,i had to take specimens belonging to five persons who died during experiments from the morgue to ,hirt in ,strasbourg4 ,i myself1 of course1 have never done any dissecting and therefore did not prepare these specimens4 ,sievers ordered me to go to ,strasbourg and there deliver the glasses to ,professor ,hirt1 together with an accompanying letter4 ,this was the end of ,september or the beginning of ,october4 ,the travel warrant had been made out by ,sievers and the traveling expenses were also paid by the ,ahnenerbe4 ,q4 ,had the five experimental subjects been killed shortly before you left for ,strasbourg8 ,a4 ,i cannot remember with absolute certainty whether the specimens were fresh or whether they were taken from older corpses4 ,i do know that among the specimens there was one from a ,dutchman4 ,i cannot recollect for certain the nationality of the other four4 ,q4 ,did you deliver these hearts and lungs to ,professor ,hirt in ,strasbourg8 ,a4 ,i delivered them in ,strasbourg1 not to ,professor ,hirt himself but to the laboratory at the ,university there4 ,the letter to ,professor ,hirt ,i handed to him personally1 and he wanted me to return and see him in the afternoon1 since he had to give me something to take to ,dachau4 ,he gave me a sealed letter to ,dr4 ,rascher and a parcel for ,sister ,pia which ,i handed to ,rascher to pass on4 ,q4 ,now1 ,professor ,hirt was also a member1 in fact the head of the ,department of the ,ahnenerbe ,society1 was he not8 ,a4 ,we knew that ,professor ,hirt was also making experiments and belonged to the ,ahnenerbe ,society4 99 99 99 99 99 ,,extract ,,from ,,the ,,testimony ,,of ,,defendant ,,handloser#ca ,,cross-,,examination ,,mr4 ,,mchaney3 ,let us pass on1 ,general4 ,your attorney asked you whether or not you ever gained any information concerning the freezing experiments carried out by ,rascher1 ,holzloehner1 and ,finke4 ,do you deny that you ever received knowledge on that matter8 ,,defendant ,,handloser3 ,i said1 no4 ,q4 ,as a result of the ,eastern campaign weren't you very much interested in 8,cold0 problems8 ,a4 ,yes4 ,q4 ,isn't that why you sent army officers to the ,luftwaffe conference in ,october #aidb8 ,a4 ,of course the interest in cold problems was of an important nature4 ,i do not know who assigned them4 ,from ,may until the end of ,october ,i was with headquarters in the ,ukraine and ,i believe that the chief probably telephoned me as to whether or how many people we should send1 and he may have made some proposal1 and ,i think ,i would have told him on that occasion 8,yes1 ,i am in full agreement4 ,send somebody there40 ,it is quite a matter of course that we took people who knew something about cold because they were the people who would be interested in it4 ,q4 ,well1 having sent them1 you then immediately lost interest in the problem1 ,i suppose8 ,a4 ,no1 ,i did not lose interest4 ,at some period of time somebody probably reported to me whether something particular had happened or whether there were any particular results or not1 and what could be exploited by us4 ,but1 at that time there was no mention of anything in particular having occurred1 nor was it said that any particular revolutionary results were achieved4 ,at any rate1 ,i cannot recollect that anything like that happened4 ,i should merely like to point out that my interest in cold problems was in our particular sphere of these problems1 that is the so-called earth-bound cold1 at normal height or at the most in the mountains where it concerned soldiers in mountain troops4 ,that was something which we discussed during various meetings1 at first in #aidb2 it was discussed to a great extent1 and very exact directives were contained in the reports of these meetings4 ,you will find them in #aidb and you will find them in #aidc4 ,naturally we were interested in cold problems1 and it is quite a matter of course that whenever we were invited by the ,luftwaffe to send our experts we did4 ,the same thing is done everywhere1 not only in the army and in the field of medicine1 but in technical fields as well4 ,q4 ,well1 ,i thought that was probably correct1 ,general2 now ,i want to put it to you that ,holzloehner had made a very remarkable discovery and one which ,i am sure came to your attention4 ,holzloehner and ,rascher had found out that this massive warm bath was an extremely effective way of reviving persons from shock due to long exposure to cold1 a treatment which had been first discovered by a ,russian in the #aith century but had been forgotten somehow4 ,wasn't this a matter remarkable enough so that ,schreiber1 who was at this meeting1 or one of the many other army doctors who were down there1 would perhaps call it to your attention1 after the extreme cold you had suffered in ,russia the previous winter8 ,a4 ,i said already before that we were always interested in cold problems and as you say1 very correctly1 mainly because of this terrible winter of #aida-db4 ,i knew before that our regulations which were valid up to the war and perhaps during the first year of the war1 stated that people who were frozen had to be rewarmed very slowly4 ,the entire population was informed that a frozen person should not be rewarmed too quickly4 ,even before that we included in our regulations that one should concentrate on rewarming1 and certain forms of rewarming were described4 ,if we army people who knew the ,russian front were not as impressed by this warm bath1 as you may think we were1 it was probably because there were no warm baths available along the entire ,eastern front1 and this plays quite a large part in the impression any new invention may have made on us4 ,q4 ,well1 now1 ,general1 let me put it to you this way4 ,did you make any changes in the basic directives concerning the rewarming after shock from exposure to cold after this ,luftwaffe conference or after the conference in ,december #aidb8 ,a4 ,if you look through the reports of the meetings and the directives it is quite possible that somewhere1 ,i can't tell you exactly where although ,i have it1 something is said about warm or hot baths in regard to freezing4 ,you yourself brought to our knowledge again1 through a document1 that in ,december #aidb1 that is1 after ,nuernberg1 ,holzloehner spoke about his rewarming questions during a conference in the ,academy4 ,that was reported to #cjj or #djj men who transferred that information to the front and ,i am sure that later on new directives contained information about the warm bath1 too4 ,q4 ,i am sure it did1 too1 ,general4 ,that is the reason ,i asked you because ,i think that there is no doubt that great importance was attached to the results of this experiment in ,dachau by ,rascher1 ,holzloehner1 and ,finke4 ,i now want to ask you if you didn't actually hear ,holzloehner speak in ,december #aidb at the meeting of consulting physicians at the ,military ,medical ,academy8 ,a4 ,i cannot recollect that1 and ,i must say once more that that is something which was done within the various expert branches4 ,i am sure you will see that these expert branches dealt with these suggestions themselves4 ,however much one so desires1 it is not possible to participate in several expert branches simultaneously4 ,q4 ,well1 then1 to put it to you1 ,general1 this speech by ,holzloehner is reported in our ,document ,,no-#ibb1 ,prosecution ,exhibit #dce1 and it goes on--you have a very short synopsis here of his report but he does give clinical observations in cases of deaths resulting from cold1 and ,i find that you made some comments at this cold session on page #ea of the original report4 ,it reads3 8,handloser stresses the extraordinary importance of education also in combating cold effects and appeals to all medical officers1 in their capacity as leaders of the health service1 to see to it that through frequently repeated explanations each individual is taught to observe the necessary precautionary measures40 ,a4 ,may ,i ask you where it is8 ,is it with reference to the lecture by ,holzloehner8 ,at any rate1 it seems to be within the framework of the cold problem4 ,q4 ,general1 ,i will put the ,german to you so that you can see for yourself4 ,general1 let us read the little summary of the speech by ,holzloehner because the ,tribunal does not have this document before it4 ,it reads3 8,stabsarzt ,professor ,holzloehner3 8,prevention and ,treatment of ,freezing 8,in case of freezing in water of a temperature below #ae biological counter-measures are practically ineffective1 whether in the case of human beings or animals4 ,human beings succumb to reflectory rigidity1 increase of blood sugar1 and acidosis1 at an earlier stage and to a greater extent than animals4 ,at a rectal temperature of below #cj under such conditions of distress at sea auricular flutter regularly sets in2 at under #bh heart failure frequently occurs in human beings4 7,over-exertion due to unequal distribution of blood1 increased resistance1 and increased viscosity47 ,treatment with drugs is senseless and has no effect4 ,in the case of human beings1 best results are also achieved with hot baths4 ,the foam-suit was developed as a prophylaxis against freezing in water below #ae40 ,now1 ,general1 after that little summary of the talk by ,holzloehner there were several other lecturers on freezing problems and then at the end we have the gentlemen who made some comments on these lectures2 we find among them ,bremer1 ,dr4 ,hippke1 the man who commissioned these experiments1 and ,jarisch and ,buechner4 ,now ,i want to ask you if this document refreshes your recollection so that you can tell us whether or not you heard this report by ,holzloehner4 ,a4 ,yes1 after reading what ,i have in my hand now1 it is quite possible that ,i listened to this lecture4 ,at the same time1 it is a proof that ,i have not as good a memory as you assumed1 because ,i already had this document in my hands once before here in ,nuernberg2 you once gave it to me and ,i forgot about it4 ,q4 ,now1 did ,holzloehner describe clinical observations about human deaths resulting from cold in this lecture which you heard8 ,a4 ,i cannot tell you that4 ,q4 ,does it not say so in your own report here8 ,a4 ,it says here that ,holzloehner belonged to the ,luftwaffe and as far as ,i was informed later1 ,holzloehner had gained a large amount of experience from his service on the ,atlantic ,coast4 ,i am sure that was something which was mentioned during his lecture4 ,he had an emergency sea station near the ,atlantic coast and near that there was a hospital where he treated these frozen people who had been rescued from the sea4 ,there was no cause to suspect anything special behind this4 ,q4 ,was it apparent to you that he carried out experiments on human beings8 ,a4 ,no4 ,q4 ,well1 ,general1 we have heard some testimony here about the talk ,holzloehner gave in ,nuernberg #b months before this and1 as ,i recall1 there was some indignation in this meeting in ,october #aidb1 because all these gentlemen realized what had happened2 are you telling me that no rumor of this seeped up from ,nuernberg to ,berlin in #b months1 so when the same man gave the same talk1 you gentlemen were in complete ignorance about the fact that these experiments had been carried out on living human beings in a concentration camp8 ,a4 ,i cannot say how far any discussions or any indignations were noted in ,nuernberg4 ,at any rate1 ,i never heard anything about any rejection or any indignation4 ,i could well imagine that if ,i were to hold a lecture somewhere and ,i afterwards gained the impression that there was some kind of obscurity1 or some particular sensation1 and if #b months later1 ,i gave the same lecture at another place1 ,i would naturally change my lecture and would draw my conclusions from what ,i had learned previously4 ,i am sure that this might well have been the case here4 ,at any rate after reading this excerpt1 if a few pages are missing here and if one doesn't look at the pages exactly1 one must assume that the man noted down here as ,handloser spoke immediately after the lecture of ,holzloehner4 ,i believe that the report of the meeting itself will show you that a few other lectures took place between the lecture of ,holzloehner and the discussion4 ,you will also have to admit that considering the fact that we were approaching winter again 7this meeting took place in ,december #aidb7 my remarks did not refer so much to ,professor ,holzloehner's lecture1 but were merely a reminder that we wanted to do everything and in that way wanted to concentrate our entire interest on the front where freezing took place in order to help our soldiers4 ,that is all this discussion was4 99 99 99 99 99 ,,extract ,,from ,,the ,,testimony ,,of ,,defendant ,,schroeder#cb ,,cross-,,examination 99 99 99 99 99 ,,mr4 ,,mchaney3 ,i don't believe you have told the ,tribunal yet about the conversation you had with ,holzloehner on his freezing experiments1 have you8 ,,defendant ,,schroeder3 ,what experiments do you mean8 ,what conversation do you mean8 ,do you mean in #aidj8 ,q4 ,general1 you know as a matter of fact there apparently is some dispute between the prosecution and yourself about the precise date1 but you knew during the course of the war that ,holzloehner1 ,finke1 and ,rascher had carried out experiments on concentration camp inmates at ,dachau8 ,a4 ,yes1 ,i learned that in my office in #aidd1 as ,i said here before4 ,q4 ,and1 ,i am suggesting to you that after you learned that ,holzloehner had been implicated in those experiments you called him in and talked to him8 ,a4 ,yes1 oh yes4 ,i know when you mean now1 yes4 ,there are two things which play a part here4 ,i said yesterday that in #aidj ,holzloehner had furnished people who were rescued from the sea to the ,rescue ,station at ,witze1 where he first gained experience4 ,then ,i lost sight of ,holzloehner1 since ,i left the west in the year #aida1 and ,i saw him again for the first time in the fall of #aidd1 when for some reason that ,i do not know1 he visited one of the men in my office4 ,at that time ,i spoke to him briefly1 and since ,i had learned in the meantime that he was conducting1 experiments in ,dachau1 ,i asked him whether that was correct or how he was doing it4 ,i remember at that time he told me that he was conducting experiments based on the experience which he had gained on the coast1 and he was supplementing these experiments by conducting experiments on human beings in ,dachau4 ,at that time he was speaking about six or seven criminals who had been condemned to death were put at his disposal for that purpose4 ,at that time1 he said nothing about any fatalities4 ,i gained the impression then that the entire manner of the experiments had impressed him mentally4 ,i had the feeling that he did not want to speak about it2 his suicide later confirmed that4 ,q4 ,well1 ,general1 ,i think this is all rather significant4 ,i think you should have probably made some mention of it before this date4 ,when was this meeting with ,holzloehner8 ,a4 ,i mentioned it during my interrogation2 ,i think that was in the fall of #aidd4 ,i cannot remember the exact date4 ,it could have been ,november #aidd4 ,i am not quite sure4 ,q4 ,well1 this was after you had initiated the sea-water experiments1 then2 is that right8 ,a4 ,considerably later1 yes4 ,q4 ,and1 as ,i recall1 you also said in this interrogation that you had seen this report by ,holzloehner1 which ,i understand you have denied heretofore2 now1 had you seen ,holzloehner's report or not8 ,a4 ,no1 nor did ,i ever say that ,i had4 ,he reported to me on this1 but he did not show me a report4 ,q4 ,now1 ,general1 ,i am reading from a summary of an interrogation of you made on #ba ,october #aidf1 and one paragraph reads as follows3 8,schroeder also knows about the #8,see-,not' and #8,winter-,not' reports from which he could conclude that human beings were used for experiments4 ,this could also be concluded from ,holzloehner's report on the freezing experiments1 and it could furthermore be seen from the comments which ,dr4 ,rascher wrote on the above matter4 ,schroeder learned about these matters in #aidd40 ,now1 is this summary inaccurate8 ,a4 ,very inaccurate4 ,q4 ,all right1 let us get it straight4 ,in the first part of #aidc you received a report on the ,nuernberg meeting1 did you not8 ,a4 ,yes4 ,q4 ,in ,may #aidd1 ,becker-,freyseng told you that ,holzloehner1 ,finke1 and ,rascher1 had carried out experiments on concentration camp inmates at ,dachau1 did he not8 ,a4 ,that is not the right way of putting it4 ,he said that ,holzloehner had made the experiments2 nothing was said to me about ,rascher and ,finke4 ,i did not know them then4 ,i learned their names only since ,i was imprisoned4 ,q4 ,you mean you had not heard up to then that ,rascher had worked with ,holzloehner on these experiments2 is that right8 ,a4 ,no1 ,i did not say that4 ,i heard ,rascher's name for the first time in this report of #aide when ,i was imprisoned4 ,q4 ,well1 ,i do not know1 ,general1 but ,i am going to look in just a minute--,i think ,rascher's and ,finke's names are mentioned in this report which you got in the first part of #aidc on the ,nuernberg meeting4 ,you do not recall that8 ,a4 ,no4 ,q4 ,and ,i very well remember that ,rascher had made a comment on this rather long lecture by ,holzloehner1 from which it could clearly be seen that ,rascher himself was experimenting with ,holzloehner2 do you not remember that8 ,a4 ,i can say that now1 because in the meantime ,i have seen these reports1 8,see-,not0 and 8,winter-,not10 and have read them through carefully and acquainted myself with the various names1 and ,i know that in this report there is an extensive report by ,holzloehner and after that a short remark by ,rascher4 ,i did not pay any attention to it at that time because ,i had no connections with ,rascher1 nor did ,i see any reason why ,i should2 but ,i did interest myself in ,holzloehner's report because ,i knew him from working with him on the ,french coast4 ,q4 ,well1 we will come back to the report in just a moment1 but right now ,i want to go on with your discussion with ,holzloehner4 ,can you tell us1 more or less1 exactly what he told you8 ,a4 ,that is a little too much to ask me to recall a brief remark that ,i made in #aidd on the occasion of a very short visit4 ,i do recall that ,i met ,holzloehner outside my hut1 and ,i asked him to step in a moment2 then ,i asked him about the experiments4 ,he answered me briefly and that was the end of our conversation4 ,the only thing that struck me was that ,holzloehner1 who previously had been a very lively and brisk person1 seemed very depressed and worn out4 ,i attributed that to the #e years of war that had passed4 ,that there were other reasons1 perhaps1 for this1 ,i could only adduce later from his tragic demise4 ,it could be that ,i commented to my adjutant on this subject4 ,i am not sure at the moment1 but ,i think it is quite possible because ,augustinick knew ,holzloehner very well and liked him4 ,perhaps ,augustinick can be asked about that later4 ,q4 ,you said a moment ago you got the impression that ,holzloehner did not want to talk about these experiments1 and you also had been dabbling in ,dachau experiments yourself4 ,i think under these circumstances it might be expected that you would have questioned ,holzloehner rather closely about what went on in his experiments4 ,you did not do that8 ,a4 ,he told me briefly that his observations from the ,english channel coast could be checked on experiments being performed in ,dachau on criminals condemned to death1 and that these experiments had been described in the report which he had submitted4 ,that made it perfectly clear what was going on1 so why should ,i ask anything further8 ,i was not particularly interested in going into that specific result4 ,q4 ,well1 were the sea-water experiments over at that time8 ,a4 ,yes1 some time before1 and that must have been why ,holzloehner came to me because these experiments had long been concluded4 ,q4 ,you did not have any one in the nature of representative at the ,nuernberg meeting in ,october #aidb8 ,a4 ,no4 ,q4 ,now1 you mentioned this report which you received on that meeting2 that is ,document ,,no-#dja1 ,prosecution ,exhibit #ic4 ,you stated that you did not know that ,rascher and ,finke were working with ,holzloehner4 ,i found a statement on page #aa of this report which reads as follows3 8,for the relevant statements1 we have to thank the cooperation of ,stabsarzt ,dr4 ,rascher and ,stabsarzt ,dr4 ,finke2 they refer to a stay in water of #b to #ab degrees40 ,that statement indicates very clearly that ,rascher and ,finke were working with ,holzloehner1 does it not8 ,a4 ,yes4 ,q4 ,now1 ,i think you stated to your own defense counsel that it was impossible for you to conclude from this report that experiments had been carried out1 but rather1 you thought they were clinical observations made on people fished out of the ,north ,sea1 is that right8 ,a4 ,yes1 ,i based my testimony solely on the ,holzloehner report which was the only thing that interested me4 ,there were reports by ,rose and others but ,i did not read them4 ,i glanced through them briefly but gave no further attention to them because ,i did not know the people who had drawn them up4 ,q4 ,let's just look briefly at one or two points here and see if they might not indicate to you1 if you thought about it a little bit1 that these were really experiments and not clinical observations on people who accidentally fell into the sea4 ,for instance1 on page #aa of the translation it states as follows3 8,the rapidity with which numbness occurs is remarkable4 ,it was determined that already #e to #aj minutes after falling in1 an advancing rigor of the skeletal muscles sets in1 which renders the movement of the arms especially increasingly difficult4 ,this also affects respiration4 ,inspiration is deepened1 and expiration is delayed4 ,besides this1 heavy mucous secretions occur40 ,now1 when you read that little paragraph about a man who had been in the water #e to #aj minutes where it is said that he had rigor of the skeletal muscles1 where his inspiration is deepened and his expiration is delayed and where there is a heavy mucous secretion1 did you imagine that they had ,dr4 ,holzloehner in a lifeboat in the ,north ,sea making these observations on some aviator who had fallen in accidentally8 ,did you think that1 ,general8 ,a4 ,yes1 that's what ,i thought4 ,you don't know the local situation at ,visson4 ,there were a beach and dunes1 and a guard from the rescue station always stood on the dunes to keep an eye on the water and the surrounding country1 particularly when flights to ,england were taking place1 so that it actually did happen that fliers bailed out and fell into the water just in front of the shoreline4 ,rescue boats were ready at that time and went out to sea immediately1 so that it was altogether possible that fliers who fell into the water close to the coast could very quickly be observed and rescued4 ,these are the facts of what actually took place at that rescue station at that time4 ,q4 ,on the same page they have this remark3 8,with the drop of the rectal temperature to #ca1 a clouding of consciousness occurs1 which passes to a deep1 cold-induced anaesthesia if the decline reaches below #cj40 ,now1 do you suppose that they pulled this aviator in and inserted a rectal thermometer and found his temperature at #ca and then tossed him back and let it drop another degree1 all the time watching closely a clouding of consciousness1 and then hauled him back in when it was #cj and noted a deep1 cold-induced anaesthesia8 ,a4 ,no1 that isn't the correct way to put it either4 ,this is one of the observations that was new to us and to which we paid a great deal of attention in order to explain these incomprehensible fatalities1 namely1 the fact that when the people were removed from the water their temperature still dropped and simultaneously with the drop in temperature a fatal collapse of the heart occurred4 ,this was one of our fundamental and new observations4 ,and ,i must report again and again that this rescue house was a small place1 but it did have the apparatus for observing these people very exactly4 ,that was the sense of the whole thing4 ,q4 ,general1 you've already covered yourself a little bit by saying you didn't read these discussions after ,holzloehner's lecture very carefully2 but ,i want to read you the one by ,rascher1 in any event1 and see if you won't admit that if you had read this little comment by ,rascher that there could have been no doubt whatsoever in your mind that experiments were carried out and not observations on aviators in the ,north ,sea4 ,this is on page #ae of the translation1 and ,rascher has said3 8,supplementing the statements of ,holzloehner1 there is a report on observations according to which cooling in the region of the neck only1 even if it lasts for several hours1 causes merely a low sinking of the body temperature up to #a ,c41 without changing the blood sugar level or the heart function4 ,checking of the rectal temperature was carried out by taking the temperature in the stomach and showed complete agreement4 ,after taking alcohol1 body temperature decreases at a quicker pace4 ,after taking dextropur1 the decrease is slower than with the experiments in both a sober and an alcoholic condition4 ,hot infusions 7#aj percent dextro solution1 table salt solution1 tutofusin1 table salt solution with pancortex7 were successful only for a time40 ,now1 ,general1 if you had read that1 wouldn't it have been perfectly clear that these were experiments8 ,a4 ,today1 of course1 after this whole question has been exposed ,i should2 but at that time ,i never suspected the possibility from that report that these were a special group of human experiments4 ,i can say that here under oath1 and ,i should like to reiterate it4 ,that was my attitude toward the matter at that time and it has only been changed by what ,i have discovered here4 ,q4 ,i might also point out to you that ,benzinger's comment expressly speaks of ,holzloehner's experiments repeatedly2 but ,i assume that that also made no impression on you8 ,a4 ,i can say one thing to that4 ,my comrades1 the medical officers in my office at that time in ,italy1 had no notion either that human experiments were the basis for these reports4 ,never was one single word said about such a thing on the occasion of my inspection visits4 ,of course1 during my visits to the ,mediterranean such matters were brought up2 but ,i never heard any indication that these reports were the result of a long series of experiments on human beings4 ,in other words1 others1 too1 did not see so clearly as is pointed out here that these were human experiments4 ,q4 ,and you heard no rumors in the air force at all about these experiments1 although there had been a large meeting at ,nuernberg in ,october1 with considerable comment there about these experiments8 ,holzloehner later gave a lecture before all the consulting physicians1 at least those who attended the meeting on internal medicine where he spoke4 ,he gave another report there on these experiments4 ,you never heard any rumors in the air force about these things2 is that right8 ,a4 ,no4 ,q4 ,you never talked to ,finke about these experiments1 did you8 ,a4 ,i have stated frequently that ,i don't even know ,finke4 99 99 99 99 99 ,,extracts ,,from ,,the ,,testimony ,,of ,,defendant ,,sievers#cc ,,direct ,,examination ,,dr4 ,,weisgerber3 ,during the subsequent period you came in contact with the cold experiments of ,dr4 ,rascher8 ,,defendant ,,sievers3 ,i once went to ,dachau in order to participate in administrative conferences at the time when ,dr4 ,rascher1 ,professor ,holzloehner1 and ,dr4 ,finke were concluding a cold experiment4 ,that is to say1 the experimental subject had just been placed into a room1 but ,i didn't see anything else of this experiment4 ,q4 ,on the occasion of this experiment1 or on the occasion of a discussion which perhaps followed1 did you hear anything more in detail about ,rascher concerning these experiments8 ,a4 ,these three men were very busy reading the apparatus used in connection with that experiment4 ,i was told that it was necessary to apply the warm covers as quickly as possible4 ,professor ,holzloehner stated that they had almost concluded their experiments and that further experiments hardly seemed necessary4 ,no scientific questions were discussed at that time4 ,q4 ,did you see any report or did you receive reports from ,rascher about these cold experiments8 ,a4 ,no4 ,these reports also went directly to ,himmler from ,rascher1 as becomes evident from the documents which have been submitted here4 ,q4 ,in ,document #afaa-,,ps 7,pros4 ,ex4 #he71 you find a letter sent by the ,reich ,leader ,,ss to ,dr4 ,rascher1 dated #bb ,september #aidb4 ,in the second paragraph it states that it was sent to ,,ss ,obersturmbannfuehrer ,sievers for information4 ,paragraph #a mentions the interim report on the cold experiments by ,dr4 ,rascher at the ,dachau concentration camp4 ,one could conclude therefrom that you received this interim report4 ,a4 ,this interim report went directly from ,rascher to ,himmler1 otherwise ,himmler wouldn't have answered ,rascher direct4 ,i don't think1 however1 that it is out of the question that ,rascher had told ,hitler in this interim report1 or in some other way1 that when ,i heard of these cold experiments ,i considered them to be perverse4 ,i assume that by sending me that report ,himmler's opinion on that subject was to be transmitted to me1 and that is why ,i received a copy of that letter for my information4 ,q4 ,now1 would you be good enough to turn over one page1 and you will find there ,dr4 ,rascher's letter dated #c ,october #aidb4 7,,no-#bhe1 ,pros4 ,ex4 #hf47 ,this letter is obviously directed to ,dr4 ,rudolf ,brandt4 ,it becomes evident from that letter that ,rascher applied to you in a number of matters1 is that correct8 ,a4 ,yes1 ,i shall revert to that briefly1 first of all concerning the low-pressure chamber4 ,he says here that he turned to me in order to take steps regarding the low-pressure chamber4 ,i didn't do anything about that1 at least not on the basis of this request by ,rascher1 only later when ,himmler arrived at ,munich and when he himself ordered me to send him this draft letter which was previously discussed4 ,he further says that he turned to me regarding a teletype which requested the furnishing of women for these experiments4 ,since ,himmler had already issued orders regarding the furnishing of experimental subjects1 there was nothing left for me to do4 ,q4 ,didn't you participate in a second cold experiment8 ,a4 ,yes1 together with ,dr4 ,hirt1 whom ,i had to accompany by order of ,himmler1 as he had been included in ,rascher's experiments with ,himmler's approval4 ,himmler probably had realized in the meantime that ,rascher alone would not be sufficient in order to clarify these scientifically very extensive and difficult questions4 ,hirt could only come to ,munich for one day because of his state of health and for that reason asked that everything be prepared beforehand1 so that he could gain insight into all the work results which had been obtained so far4 ,i told ,rascher to prepare everything according to ,hirt's desire4 ,a professional criminal was presented for the purpose of this experiment4 ,q4 ,was that a professional criminal who had already been condemned to death1 and how did you know whether it was such a criminal8 ,a4 ,before the experiment started ,hirt wanted to look at the files because there was a possibility that this experiment would end fatally4 ,the sentence was furnished by the ,criminal ,police ,department of the ,camp ,administration4 ,we saw that this was a sentence which had been passed by a regular court1 and it became evident therefrom that this man had more than #aj years' penitentiary behind him1 and had been recently1 sentenced to death because of murder and theft4 ,hirt furthermore asked the man whether he knew that this experiment might end fatally1 whereupon the man answered that he was well aware of it4 ,he said that he would have to die anyway for he was a confirmed criminal1 and he just could not stop his criminal activity2 therefore he deserved death4 ,q4 ,did you convince yourself of that by asking the experimental subject whether he was actually a volunteer8 ,a4 ,after ,hirt's questioning ,i personally asked the man whether he agreed to that experiment4 ,he thereupon said that he was in full agreement1 providing it didn't hurt him4 ,this assurance could be given to him because the experiment was carried out under complete anaesthesia4 ,i didn't participate in the entire experiment1 but ,i saw that this man was given an anaesthetic4 ,q4 ,you yourself saw the files from the criminal police8 ,a4 ,yes1 ,i read through them1 together with ,hirt4 ,q4 ,well1 ,i guess there can be no doubt that this was a professional criminal sentenced to death by a regular court8 ,a4 ,this was a very regular sentence4 ,all previous sentences were listed in the files1 and ,i remember in addition to the death sentence1 he had already had #aj years' penitentiary4 99 99 99 99 99 ,q4 ,now1 would you please be good enough to turn to page #hf of the document book before you8 ,this is a report about a so-called 8,cold ,conference0 dated #bf and #bg ,october #aidb4 ,did you receive this report in the ,ahnenerbe8 ,a4 ,i certainly didn't receive it and ,i don't remember having seen it anywhere4 ,q4 ,didn't ,curator ,wuest receive that report8 ,a4 ,i do not believe so4 ,the scientific work in connection with ,rascher1 which only concerned ,himmler personally1 was always dealt with directly by ,rascher and ,himmler4 ,these matters were only sent to ,wuest if ,himmler actually sent them himself4 ,i don't believe that has happened in this particular case4 ,at any rate1 ,wuest never told me anything about it4 ,these reports and the research assignments just discussed lay completely outside the interests and sphere of ,wuest4 ,q4 ,what do you know about the so-called dry-cold experiments of ,dr4 ,rascher8 ,a4 ,i only know about these experiments on the basis of ,himmler's order which was sent by ,himmler to ,pohl and ,grawitz because of the furnishing of the equipment4 ,i don't know whether these experiments were actually carried out4 ,at any rate1 ,i only found out about that here in this courtroom4 ,as a prerequisite for the execution ,rascher said that it was necessary for them to be performed in the mountains4 ,himmler had also ordered that these experiments be carried out in the grounds of the mountain villa at ,sudelfeld4 ,i was to see to it that accommodation was available there4 ,investigations1 however1 proved that the terrain at ,sudelfeld was not suitable for that purpose4 ,at the same time ,i had heard that there were a sufficient number of cases of freezing to be found in hospitals at the front4 ,i therefore asked ,rascher why it was necessary for him to carry out any further experiments4 ,he evaded my question and merely declared categorically that he would have to abide by ,himmler's order4 ,q4 ,which year was that8 ,a4 ,that was at the end of #aidb4 ,q4 ,the order was at the end of #aidb8 ,a4 ,the end of #aidb4 ,the conversation with ,rascher about the accommodation took place afterwards4 ,q4 ,and that was intended for the winter of #aidc-dd8 ,a4 ,no1 for #aidb-dc4 ,since the terrain at ,sudelfeld was not suitable1 some other place had to be found and ,i handled this matter in a very dilatory manner4 ,rascher pressed me on the matter and ,himmler was rather indignant1 but after all ,i couldn't create a house by myself4 ,himmler subsequently ordered that preparations be made for these experiments to be carried out at least in the next winter4 ,i think ,i made a mistake1 ,i think it must have been the winter of #aidc-dd4 ,i'm sure it was #aidc-dd1 and ,i think that afterwards ,himmler said that preparations were to be made for #aidd-de4 ,these experiments1 however1 were never carried out because ,rascher was already arrested in the spring of #aidd4 ,q4 ,in that case you are saying that these dry-cold experiments were not carried out in the mountains in the winter of #aidc-dd4 ,you assisted in preventing these experiments from being carried out by delaying the finding of suitable accommodation8 ,a4 ,yes4 ,q4 ,i will now briefly summarize your testimony with reference to the count concerning cold experiments4 ,,mr4 ,,hardy3 ,if it please your ,honor1 the defense counsel has put questions to the witness and the witness has testified to these questions4 ,i really think summations after each experiment are unnecessary here4 ,that can take place in his closing statement4 ,,presiding ,,judge ,,beals3 ,a short summation on the part of defense counsel might be in order1 as long as it does not contain too much repetition4 ,,dr4 ,,weisgerber3 ,yes1 your ,honor4 ,you accidentally attended the completion of a cold experiment by ,dr4 ,rascher at ,dachau4 ,you had seen no reports about ,dr4 ,rascher's experiments and received no knowledge about them in any other way4 ,the furnishing of the experimental subjects for the rewarming experiments were not your business1 and you actually had nothing to do with it4 ,you attended a further experiment under the circumstances which you have previously described4 ,you know nothing about any dry-cold experiments being carried out in ,dachau itself4 ,you succeeded in delaying and finally completely frustrating the dry-cold experiments in the mountains4 ,is that correct8 ,,defendant ,,sievers3 ,yes1 that is correct4 ,q4 ,after searching your mind1 did you do anything in that connection which went beyond the orders given you by ,himmler8 ,a4 ,no1 in no way at all4 99 99 99 99 99 ----- #bh ,figure #ad1 headed 8,mean ,values from ,group of ,four ,experiments each at #d ,c4 #ci4b ,f4 to #d4e ,c4 #dj4a ,f4 ,water ,temperature10 is a chart showing the skin temperature and the rectal temperature of four experimental subjects each of whom respectively in a sober state1 was given #ajj cubic centimeters of alcohol one hour before the start of the experiment1 and was given #ajj grams of pure dextrose one hour before start of the experiment4 ,the three curves indicating skin temperature show drops to #af ,c4 and below after #fj to #hj minutes2 the three curves showing rectal temperature show a low of #bb4c ,c4 and #ba4c ,c4 after #gj1 #ajj1 and #aaj minutes respectively1 and then an increase to #ca4c ,c4 after #acj1 #bjj1 and #bcj minutes respectively4 #bi #afaf-,,ps1 ,pros4 ,ex4 #aje1 see p4 #bdi4 #cj ,complete testimony is recorded in mimeographed transcript1 #ag-ah ,december #aidf1 pp4 #eie-fie4 #ca ,complete testimony is recorded in mimeographed transcript1 #aa1 #ab1 #ac1 and #ah ,february #aidg1 pp4 #bhae-cajd4 #cb ,complete testimony is recorded in mimeographed transcript1 #be1 #bf1 #bg ,february #aidg1 pp4 #cdgj-cgjj4 #cc ,complete testimony is recorded in mimeographed transcript1 #i1 #aj1 #aa1 #ad ,april #aidg1 pp4 #efef-ehfi4 #c4 ,,malaria ,,experiments a4 ,introduction ,the defendants ,karl ,brandt1 ,handloser1 ,rostock1 ,gebhardt1 ,blome1 ,rudolf ,brandt1 ,mrugowsky1 ,poppendick1 and ,sievers were charged with special responsibility for and participation in criminal conduct involving malaria experiments 7par4 #f 7,c7 of the indictment74 ,only the defendant ,sievers was convicted on this charge4 ,in the case of the defendant ,mrugowsky the judgment of the ,tribunal makes no special reference to this charge4 ,although the defendant ,rose was not charged with special responsibility for participation in malaria experiments1 the prosecution offered proof to show some participation by ,rose in these experiments4 ,however1 the ,tribunal in its judgment refrained from making a finding of guilt or innocence as to ,rose1 since malaria experiments were particularized in paragraph #f 7,c7 of the indictment and since ,rose was not among those defendants who were charged with special responsibility by name 7judgment1 vol4 ,,ii74 ,the ,tribunal said that the manner of the prosecution's pleading 8constituted1 in effect1 a bill of particulars and was1 in essence1 a declaration to the defendants upon which they were entitled to rely in preparing their defenses1 and that only such persons as were actually named in the designated experiments would be called upon to defend against the specific items4 ,included in the list of names of those defendants specifically charged with responsibility for the malaria experiments the name of ,rose does not appear4 ,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 charged40 8,this does not mean that the evidence adduced by the prosecution was inadmissible against the charges actually preferred against ,rose4 ,we think it had probative value as proof of the fact of ,rose's knowledge of human experimentation upon concentration camp inmates40 ,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 responsibility4 ,for example1 the prosecution introduced evidence concerning phlegmon1 polygal and gas oedema experiments 7subsections #ab-ad1 see pp4 #fec to #fid7 under the general charge of paragraph #f of the indictment1 which alleges that the criminal experiments 8included1 but were not limited to0 the particularized experiments4 7,see also introductions to sub-section #ab-ad1 see pp4 #fec-d1 #ffi-gj and #fhd47 ,the prosecution's summation of the evidence on the malaria experiments is contained in its final briefs against the defendants ,rose and ,sievers4 ,extracts from these briefs are set forth below on pages #bhj to #bhc4 ,a corresponding summation of the evidence by the defense on these experiments has been selected from the closing briefs for the defendants ,sievers and ,rose4 ,it appears below on pages #bhc to #bhh4 ,this argumentation is followed by selections from the evidence on pages #bhi to #cad4 b4 ,selections from the ,argumentation of the ,prosecution ,,extract ,,from ,,the ,,closing ,,brief ,,against ,,defendant ,,rose 99 99 99 99 99 ,with respect to the malaria experiments1 two questions are presented for consideration3 first1 whether the malaria experiments were performed in a criminal manner1 and second1 whether the defendant ,rose was connected with such experiments4 ,that the performance of the malaria experiments in the ,dachau concentration camp from ,february #aidb until the end of the war was criminal has not been seriously disputed by any of the defendants4 ,in ,december #aida1 while working in ,italy1 ,dr4 ,claus ,schilling met ,conti who became interested in supporting further work by ,schilling on malaria problems4 ,a meeting was arranged with ,himmler who gave his permission for experiments to be carried out in the ,dachau concentration camp4 ,schilling began his work in ,dachau in ,february #aidb and continued his experiments until the end of the war4 ,he was primarily concerned with discovering a way of immunizing persons against malaria4 ,during the course of the experiments1 approximately #a1bjj concentration camp inmates were infected with malaria either by being bitten by infected mosquitoes or by injections of malaria-infected blood4 ,after having been infected1 the prisoners were treated with various drugs1 including quinine1 neosalvarsan1 and pyramidon4 ,most of the experimental subjects were non-,german nationals4 ,of the experimental subjects infected1 approximately #cj died as a direct result of the experiments and an additional #cjj to #djj died as a result of complications4 ,the above facts are established by the ,review of the ,general ,military ,commission in the case of the ,u4 ,s4 against ,weiss and others1 held at ,dachau1 ,germany4 7,,no-#hef1 ,pros4 ,ex4 #abe47 ,claus ,schilling was a defendant in that case and was convicted and sentenced to death4 ,in an affidavit submitted in evidence before that ,tribunal1 dated #cj ,october #aide1 ,schilling admitted that the experimental subjects were not volunteers4 ,one of the assistants to ,schilling in his experiments at ,dachau was ,dr4 ,ploetner1 who was a member of the ,institute for ,military ,scientific ,research of the ,ahnenerbe under the defendant ,sievers4 ,sievers conferred with ,ploetner regarding the malaria experiments and received reports from him4 7#cedf-,,ps1 ,pros4 ,ex4 #abc2 entries for #cj ,january1 #bb ,february1 #bc ,may1 #ca ,may1 #a ,june1 #bd ,august47 ,rose stated that he learned that ,ploetner was a collaborator of ,schilling through an inquiry to the ,journal of ,tropical ,medicine in the year #aidd4 ,ploetner had published an article in that magazine and it had come to ,rose's attention4 7,tr4 #fcci47 ,the witness ,august ,vieweg testified for the prosecution and substantiated the findings of the ,military ,commission at ,dachau4 ,vieweg was first subjected to the malaria experiments himself and thereafter served as an inmate-assistant in the malaria ward4 ,vieweg testified that ,schilling experimented on approximately #a1ajj inmates1 including ,germans1 ,poles1 ,russians1 and ,jugoslavs4 ,among the ,russian inmates used were prisoners of war4 ,seven or eight of the subjects died in the malaria station1 primarily as a result of pyramidon poisoning4 7,tr4 p4 #dbh47 ,he also testified that to his knowledge1 an additional #fj inmates died after having been transferred from the experimental station4 ,he further stated that none of the inmates volunteered1 that he personally did not1 and that the experimental subjects were not freed as a result of undergoing the experiment4 ,the original infection card from the files of ,schilling in ,dachau1 showing the date of infection of the witness ,vieweg with 8,culture ,rose10 was introduced4 7,,no-#ihc1 ,pros4 ,ex4 #abh2 see also ,tr4 pp4 #ehd-e47 ,the defendant ,rose participated in the criminal experiments of ,schilling by furnishing him material with which to carry out the experiments4 ,this material was furnished by ,rose with knowledge of facts which would have led any reasonable man to the conclusion that ,schilling was carrying out criminal experiments4 ,rose had known ,schilling for many years and succeeded him as ,chief of the ,department for ,tropical ,medicine in the ,robert ,koch ,institute4 ,moreover1 ,rose1 by his own admission1 was an adviser to ,dr4 ,conti1 who arranged for ,schilling to carry out his experiments in ,dachau4 ,it is highly unlikely that such an arrangement would have been made without consulting ,rose4 ,rose furnished ,schilling with malaria spleens for his experiments in ,italy during the year #aida1 a fact which ,rose denied on the stand until contradicted by his letter to ,schilling1 dated #c ,february #aida4 7,,no-#agef1 ,prog4 ,ex4 #dhf47 ,rose continued to furnish infection material to ,schilling after he set up his experimental station in ,dachau4 ,rose and his witnesses admitted that anopheles eggs were sent to ,schilling in #aidb1 but ,rose1 after that occasion1 issued instructions that no more material was to be sent to ,schilling because he did not agree with his research aims4 7,tr4 p4 #fdae47 ,on #d ,april #aidb1 ,schilling wrote to ,rose asking for 8,culture ,rose0 to continue his experiments4 ,this letter bears the dateline 8,dachau1 #c,k1 ,hospital for ,inmates10 and it was initialed by ,rose on #ag ,april #aidb4 ,schilling stated that he would be 8very thankful 99 99 99 for this new support of my work40 ,emphasis supplied4 ,that ,rose complied with this request of ,schilling's is established because the witness ,vieweg was himself infected with 8,culture ,rose40 ,on #e ,july #aidc1 in a letter1 also with the notation 8,dachau1 ,k#c1 ,malaria ,station10 ,schilling thanked ,rose for a consignment of atroparvus eggs and accepted ,rose's offer to send him his excess eggs4 ,this letter mentions the 8,prisoner ,august10 who obviously was the witness1 ,august ,vieweg4 ,this letter was initialed by ,rose on #bg ,july4 7,,no-#agec1 ,pros4 ,ex4 #dhh47 ,on the same date ,rose replied to ,schilling's letter1 advising him that at the next favorable opportunity1 a shipment of anopheles eggs would be made to him4 99 99 99 99 99 ,,extract ,,from ,,the ,,closing ,,brief ,,against ,,defendant ,,sievers 99 99 99 99 99 ,sievers had knowledge of and supported the criminal malaria experiments in ,dachau4 ,he testified that early in #aidb he learned from ,himmler that ,schilling was conducting malaria experiments in ,dachau4 7,tr4 p4 #efib47 ,in a memorandum dated #c ,april #aidb concerning a consultation between ,sievers and ,dr4 ,may on the location of an experimental station for the ,ahnenerbe1 ,sievers mentioned as a persuasive reason for locating in ,dachau the fact that ,schilling was carrying out his malaria experiments there4 7,,no-#gba1 ,pros4 ,ex4 #abf47 ,although this memorandum gives the name as 8,schling01 ,sievers testified that the name ,schilling was intended4 7,tr4 p4 #efic47 ,the witness ,vieweg testified that in late #aidc or early #aidd ,sievers made several visits to ,schilling's malaria station where he consulted with ,ploetner1 who was a collaborator of ,schilling's4 7,tr4 pp4 #dde-g1 #dfd47 ,he stated that ,sievers consulted with ,schilling and also inspected the laboratory4 7,tr4 p4 #dbc47 ,sievers testified that the purpose of these visits and consultations was to arrange for the transfer of ,ploetner to the ,institute for ,military ,scientific ,research of the ,ahnenerbe4 ,a number of entries in the ,sievers diary for #aidd prove that ,sievers was connected with and supported the malaria experiments4 ,on #cj ,january he received a memorandum by ,ploetner on malaria4 ,a notation of #bb ,february states that 8further work in the matter of ,,ss ,hauptsturmfuehrer ,dr4 ,ploetner to be done through ,,rgf ,reichsgesundheitsfuehrer ,conti40 ,ploetner1 in addition to his work with ,schilling1 was also collaborating with ,rascher in the blood coagulation experiments4 7,see entries of #bi ,january and #ad ,april47 ,on #aj ,may #aidd1 the entry indicates that ,rascher's research work was transferred to ,ploetner4 ,this was apparently a result of ,rascher's difficulties in connection with the kidnapping of children by him and his wife4 ,on #bc ,may #aidd1 ,ploetner was charged with the management of the ,ahnenerbe division in ,dachau4 ,the entry for #ca ,may indicates that ,sievers and ,grawitz reached an understanding concerning ,ploetner's continued collaboration with ,schilling4 ,on #ba ,june1 ,sievers conferred with ,schilling about limiting ,ploetner's activities with him after his transfer to the ,ahnenerbe4 ,ploetner was actually appointed department head in the ,institute for ,military ,scientific ,research of the ,ahnenerbe on #bg ,june4 ,the entry for #bd ,august #aidd notes that collaboration between ,schilling and ,ploetner had been agreed upon4 7#cedf-,,ps1 ,pros4 ,ex4 #abc47 99 99 99 99 99 c4 ,selections from the ,argumentation of the ,defense ,,extract ,,from ,,the ,,closing ,,brief ,,for ,,defendant ,,sievers 99 99 99 99 99 ,malaria ,experiments #a4 ,under the direction of ,professor ,dr4 ,schilling1 malaria experiments were carried out in ,dachau concentration camp in the years #aida-aidd4 #b4 ,according to the statements in the verdict of the ,united ,states ,military ,court at ,dachau of #bf ,january #aidf 7,,no-#hef1 ,pros4 ,ex4 #abe7 a great number of people were killed in these experiments4 #c4 ,sievers had not the slightest connection with either ,professor ,schilling's malaria experiments or with any other malaria experiments4 ,the prosecution charges ,sievers with participation in malaria experiments4 8,as can be seen in all spheres of this devilish experiment program in ,nazi ,germany1 the defendants charged with the malaria experiments had on their side an extensive knowledge of ,schilling's activity4 ,in some cases they worked actively with the late ,dr4 ,schilling04 7,tr4 pp4 #djc-d47 ,for proof1 the prosecution refers to ,,no-#gba1 ,prosecution ,exhibit #abf4 ,regarding #cedf-,,ps1 ,prosecution ,exhibit #abc1 ,sievers' diary #aidd1 entries of #bb ,february #aidd and #ca ,may #aidd1 the prosecution states3 8,from this document it can be seen that on or about #a ,april #aidb ,wolfram ,sievers had knowledge of ,dr4 ,schilling's activity in ,dachau4 ,this letter represents a proposal for planned further experiments and clearly shows that the distinguished ,wolfram ,sievers in his capacity as ,reich ,business ,manager of ,ahnenerbe had a finger in all these matters40 ,the defense has proved3 ,sievers stated in his cross-examination that the affairs which he discussed with ,dr4 ,may on #a ,april #aidb in ,munich had nothing whatsoever to do with malaria experiments4 ,sievers paid a social visit to ,dr4 ,schilling in ,dachau in the middle of the year #aidd in order to get ,dr4 ,ploetner released for the manufacture of pectin4 7,cross-examination of ,sievers1 ,german ,tr4 pp4 #efib-ic47 ,neither ,sievers nor the ,ahnenerbe nor the ,institute for ,military ,scientific ,research ,institut fuer ,wehrwissenschaftliche ,zweckforschung had anything to do with malaria experiments4 7,cross-examination of ,sievers1 ,german ,tr4 p4 #efic2 ,statement of the witness ,dr4 ,may1 ,german ,tr4 p4 #ehgg47 ,neither can there be proved from ,point four of the memorandum of #a ,april #aidb 7,,no-#gba1 ,pros4 ,ex4 #abf7 any connection of ,sievers with the malaria experiments4 ,an affidavit of the secretary ,hildegard ,wolff relates how the memorandum of #a ,april #aidb and the drawing up of ,point four came about4 ,she took down and typed the memorandum from ,sievers' dictation4 7,sievers #aa1 ,sievers ,ex4 #h47 ,according to this1 ,sievers1 in the very hurried dictation1 said ,frau ,wolff should write down as ,point four what ,himmler had said in his telephone conversation about the erection of the institute in ,dachau4 ,therefore1 not ,sievers' but ,himmler's opinion is stated here4 ,through the discussion of #a ,april #aidb between ,sievers and ,dr4 ,may it had been made completely clear that human experiments within the framework of the research order to ,dr4 ,may were absolutely out of the question1 not only for the reason that such experiments would have been rejected on principle1 but also because human experiments had nothing whatsoever to do with the task of developing an insecticide for insects harmful to human beings4 ,moreover1 no other kind of human experiment was carried out in connection with ,dr4 ,may's work4 ,the witness1 ,dr4 ,may1 testified concerning ,sievers' diary entry of #bb ,february #aidd that there never existed any cooperation between ,dr4 ,may1 ,dr4 ,ploetner1 and ,dr4 ,schilling4 7,witness ,dr4 ,may1 ,german ,tr4 p4 #ehgh47 ,that1 however1 would have been a necessary condition in order to classify ,sievers' administrative activity in this connection as participation4 ,as to points four1 five1 six1 seven1 there is no occasion for statements concerning these points4 ,summary ,since ,sievers took no part in the malaria experiments of ,professor ,schilling at ,dachau or any other malaria experiments1 he is not guilty of a crime4 ,thus any special responsibility and participation in malaria experiments is excluded4 99 99 99 99 99 ,,extract ,,from ,,the ,,closing ,,brief ,,for ,,defendant ,,rose 99 99 99 99 99 ,statements ,concerning the ,question of ,responsibility of the ,defendant ,rose for the ,malaria ,experiments ,carried ,out by ,professor ,claus ,schilling at the ,concentration ,camp ,dachau and ,concerning the ,question of ,rose's ,participation in ,these ,experiments4 ,in the indictment1 ,professor ,rose is not charged with special responsibility for the malaria experiments carried out by ,professor ,schilling at the ,dachau concentration camp or with participation4 ,the defendant ,rose is also not mentioned in ,document ,book ,no4 #d of the prosecution which deals with these malaria experiments4 ,in the course of the verbal proceedings in the court1 the prosecution has1 however1 preferred charges against ,professor ,rose to this effect and introduced several new documents in the trial during the cross-examination of defendant ,rose 7,,no-#ageb1 ,pros4 ,ex4 #dhg2 ,,no-#agec1 ,pros4 ,ex4 #dhh2 ,,no-#agee1 ,pros4 ,ex4 #dhi2 ,,no-#agef1 ,pros4 ,ex4 #dhf7 and also heard the witness ,vieweg concerning this question4 7,german ,tr41 #ac ,dec4 #df1 pp4 #dfd-eaf47 ,this evidence shows that among others also the ,department for ,tropical ,diseases of the ,robert ,koch ,institute in ,berlin1 under the direction of the defendant ,rose1 sent anopheles eggs and malaria cultures on a few occasions to ,professor ,schilling at ,dachau during the years #aidb to #aidc4 ,at this juncture it should be mentioned that it is completely immaterial for the judgment of the case what the name of the culture of malaria tertiana was and whether or not its name was first changed by ,schilling to 8,culture ,rose04 ,the above-mentioned evidence also shows that ,professor ,schilling told ,professor ,rose in two of his letters about his breeding of mosquitoes2 finally it also shows that ,professor ,schilling asked the defendant ,rose from ,italy to procure for him spleens of persons whose death had been caused by malaria4 ,this was in #aida1 at a time when ,schilling was not yet working in ,dachau4 ,according to the testimony given by the defendant ,rose during cross-examination 7,tr4 pp4 #fdab-c71 he evidently complied with ,schilling's request4 ,the ,tribunal will have to decide whether these above-mentioned activities of the ,department for ,tropical ,diseases of the ,robert ,koch ,institute under the management of the defendant ,rose or his own activities1 constitute1 within the meaning of the ,penal ,code1 participation on the part of the defendant ,rose in the deeds of ,professor ,schilling4 ,in my opinion this decision can only be a negative one1 for the followings reasons3 ,the delivery of material necessary for malaria research such as anopheles eggs and malaria cultures was one of the official duties of the ,department for ,tropical ,diseases of the ,robert ,koch ,institute4 7,rose #aa1 ,rose ,ex4 #bg47 ,this department had a section which dealt exclusively with these matters4 ,this can be seen from both the yearly reports of the ,robert ,koch ,institute and from the report covering the ,third ,conference ,east of ,consulting ,specialists discussing work-projects4 7,rose #ch1 ,rose ,ex4 #aj2 ,rose #aj1 ,rose ,ex4 #bf2 ,rose #ab1 ,rose ,ex4 #bh47 ,deliveries of this kind are internationally common practice and were never denied by the defendant ,rose4 ,it is also common practice to use the organs of human corpses for the carrying out of scientific research4 7,tr4 p4 #fdgd2 ,rose #ea1 ,rose ,ex4 #ej47 ,the prerequisites for such deliveries are that they are requested either by well-known institutes or by renowned research scientists4 ,it cannot be denied that ,schilling1 a coworker of ,robert ,koch and a member of the malaria commission of the ,league of ,nations1 was famous as a malaria research scientist4 ,in a case of this kind1 the non-delivery of such material would have been an express violation of traditional practice and of official duty4 ,it is also not international usage for the orderer to be questioned about the intended use of the material before its delivery4 7,compare ,mrugowsky #d;a1 ,mrugowsky ,ex4 #if2 ,rose #di1 ,rose ,ex4 #dh2 ,german ,tr41 #ai ,june #dg1 p4 #ifhj47 ,even if ,professor ,rose declared1 in the witness box during examination on his own behalf1 that he assumes full responsibility for it1 it should be mentioned here that such deliveries are carried out in such a routine way that the chief of the institute often knows nothing about it since these matters are dispatched independently by the personnel employed by him in the laboratory4 ,this also was the procedure in the case in question as the evidence shows unequivocally4 7,rose #ce1 ,rose ,ex4 #cb2 ,german ,tr41 #af ,dec4 #df1 p4 #ejg2 ,tr4 pp4 #fjbj1 #fceb47 ,thus1 it is by no means surprising that the defendant ,rose could no longer remember the correspondence with ,professor ,schilling put before him by the prosecution during cross-examination especially since undoubtedly it often happens that1 as in the case in question1 although the letters are sent by the orderer to the head of such an institute personally1 the dispatching of the order is nevertheless carried out independently by the personnel of the institute4 ,besides1 the delivery of these materials by the ,department for ,tropical ,diseases of the ,robert ,koch ,institute to ,professor ,schilling was by no means a prerequisite for the carrying out of his experiments in ,dachau1 since it has already been established that ,schilling obtained no less than #ab other malaria cultures from other institutes4 7,,no-#ageb1 ,pros4 ,ex4 #dhg2 ,german ,tr41 #af ,dec4 #df1 p4 #eji47 ,professor ,schilling also obtained mosquitoes from other institutes4 7,german ,tr41 #af ,dec4 #df1 p4 #ejg47 ,naturally these institutes could also not have had any scruples about sending material to ,professor ,schilling4 ,in addition to this1 ,professor ,schilling personally maintained a group of people to catch mosquitoes4 7,german ,tr41 #af ,dec4 #df1 p4 #ejh47 ,if ,professor ,schilling turned at all to the ,robert ,koch ,institute in this matter1 the main reason for doing so was that for decades he himself had been the head of the ,department for ,tropical ,diseases of the ,institute and that personnel were still working there who had formerly already been employed under his management4 ,the defendant ,rose did1 as a matter of fact1 oppose ,schilling's scientific approach to the problem as may clearly be seen from his opinion on ,schilling for the ,reich ,ministry of the ,interior 7,tr4 p4 #fjba7 and from his lecture in ,basel4 7,rose #be1 ,rose ,ex4 #ca47 ,however1 to judge by ,professor ,schilling's personality and past he could1 nevertheless1 not conceive the idea that ,professor ,schilling's work at ,dachau could be anything but completely above reproach4 ,experiments on human beings in malaria research are first of all1 a matter of course and common practice4 ,even if the defendant ,rose always limited his own work to the traditional evaluation of therapeutic malaria infections1 experiments on prisoners in this field must unquestionably be permissible from an ethical point of view1 as can be proved by the malaria experiments on many hundreds of prisoners in ,american prisons4 7,karl ,brandt #a1 ,karl ,brandt ,ex4 #a2 ,karl ,brandt #aag1 ,karl ,brandt ,ex4 #ajc2 ,mrugowsky #hj1 ,mrugowsky ,ex4 #gf2 ,rose #ej1 ,rose ,ex4 #di47 ,apart from the fact that the delivery of material to ,schilling by no means obliged him to inform himself about the latter's research work and its ways and means1 ,rose really had no knowledge whatsoever of the object of the research carried out by ,schilling1 and did not know the collaborators of the latter4 7,rose #bi1 ,rose ,ex4 #cd2 ,rose #cj1 ,rose ,ex4 #cc47 ,much less was he informed about the conditions under which ,schilling was working in ,dachau4 ,the defendant ,rose himself is a well-known malaria research scientist4 ,malaria research was the main study of his department at the ,robert ,koch ,institute in ,berlin and also later in ,pfaffenrode4 ,professor ,schilling only worked with malaria tertiana 7benign tertian7 in ,dachau4 7,,no-#ageb1 ,pros4 ,ex4 #dhg47 ,professor ,rose1 as an experienced malaria research scientist1 knew of course that this form of malaria is not a dangerous one and that no complications are to be expected from it4 7,rose #ej1 ,rose ,ex4 #di47 ,the witness ,vieweg 7,tr4 pp4 #deg-deh7 also expressly stated that none of the prisoners died of malaria1 but that the cause of death could be traced back to technical errors ,kunstfehler or to complications1 as1 for example1 faulty puncture of the liver resulting in hemorrhage due to omission of an operation and an overdose of pyramidon in therapy1 outbreak of typhus among the experimental subjects and finally1 wrong doses in the treatment with salvarsan4 ,just in passing it should also be mentioned here that the defendant ,rose also opposed this last-mentioned method of treatment4 ,this method was prohibited in the ,german ,luftwaffe at his suggestion4 7,,no-#ibb1 ,pros4 ,ex4 #dce47 ,no further explanation is necessary to show that solely the person carrying out the experiments is responsible for technical errors and negligence in the process4 ,it seems to me that not even his superiors who ordered the work1 namely ,himmler and ,grawitz1 were responsible for them4 ,however1 a person assigned to supervise these experiments would have been obliged to take action whenever he was informed of such technical errors or negligence4 ,the defendant ,rose1 however1 was neither assigned to supervise nor was he informed of these matters4 ,it is also unfair to assume that he knew about these matters1 because he happened to take part in the conference on freezing experiments which took place in ,nuernberg in ,october #aidb4 ,firstly1 the freezing experiments carried out by ,professor ,holzloehner1 although also taking place on ,dachau1 were in no way connected with the malaria experiments carried out by ,professor ,schilling4 ,furthermore1 the participants of the conference were misinformed about the method employed in these experiments and about the status of the experimental subjects4 7,handloser #cg1 ,handloser ,ex4 #ah2 ,german ,tr41 #ab ,dec4 #df1 p4 #cae47 ,now1 to be sure1 it is known that ,holzloehner's1 ,rascher's1 and ,finke's freezing experiments were carried out in ,dachau4 ,that1 however1 was certainly not made public at the above-mentioned ,nuernberg conference4 ,even if one of the participants suspected that experiments at a concentration camp were concerned1 he would not have had the slightest reason to suppose that the concentration camp in question was ,dachau4 ,schilling's reports about his work were always sent to ,himmler or ,grawitz but never went any further4 ,that also explains why no reports about ,schilling's experiments were found in the confiscated files of the defendant ,rose4 7,tr4 pp4 #eeff1 #fjba2 ,german ,tr41 #ac ,dec4 #df1 pp4 #dff-g2 ,german ,tr41 #bf ,mar4 #dg1 p4 #eajf2 ,german ,tr41 #b ,apr4 #dg1 pp4 #edbj-a47 ,rose personally was the prototype of a worker above reproach in the field of malaria research and with regard to his care for the well-being of his malaria patients 7,rose #dg1 ,rose ,ex4 #ce71 as shown by the investigation undertaken by the competent ,american authorities4 ,he risked his own life 7,rose #h1 ,rose ,ex4 #bi7 in order to assure the orderly handing-over of his ,malaria ,research ,institute in ,pfaffenrode to the ,americans--in contrast to ,dachau1 without burning files and the like1 and also to insure continued regular care and medical treatment for his patients4 7,rose #ca1 ,rose ,ex4 #cf2 ,rose #cb1 ,rose ,ex4 #cg2 ,rose #cc1 ,rose ,ex4 #ch2 ,rose #cd1 ,rose ,ex4 #ci47 ,it would be completely incomprehensible if such a man were to be made responsible for the technical errors and negligence of another who was not even under his influence4 d4 ,evidence ,prosecution ,documents ,doc4 ,no4 ,pros4 ,ex4 ,no4 ,description of ,document ,page ,,no-#hef #abe ,extracts from the review of the #bhi proceedings of the general military court in the case of the ,united ,states vs4 ,weiss1 ,ruppert1 et al41 held at ,dachau1 ,germany4 ,defense ,documents ,doc4 ,no4 ,def4 ,ex4 ,no4 ,description of ,document ,page ,rose ,document #aa ,rose ,ex4 #bg ,extracts from report of ,professor #bih ,dr4 ,e4 ,gildemeister concerning the activities of the ,robert ,koch ,institute--,reich institute for the fight against infectious diseases4 ,rose ,document #dg ,rose ,ex4 #ce ,affidavit of ,professor ,dr4 ,hans #cjj ,luxenburger1 #bd ,march #aidg1 concerning ,rose's interest in therapeutical malaria treatments4 ,rose ,document #ej ,rose ,ex4 #di ,extract from the affidavit of #cjb ,professor ,dr4 ,ernst ,georg ,nauck1 ,m4 ,d41 ,hamburg #d1 ,bernhard-,nocht-,institute for nautical and tropical diseases4 ,testimony ,extracts from the testimony of prosecution witness ,august ,h4 #cjc ,vieweg ,extracts from the testimony of defendant ,rose #cjh ,,partial ,,translation ,,of ,,document ,,no-#hef ,,prosecution ,,exhibit #abe ,,extracts ,,from ,,the ,,review ,,of ,,the ,,proceedings ,,of ,,the ,,general ,,military ,,court ,,in ,,the ,,case ,,of ,,the ,,united ,,states ,,vs4 ,,weiss1 ,,ruppert1 ,,et ,,al41 ,,held ,,at ,,dachau1 ,,germany 99 99 99 99 99 ,a series of experiments concerning the treatment of malaria were conducted under the supervision of the accused1 ,dr4 ,schilling 7,r #aeg74cd ,three hundred to four hundred persons died as a result 7,r #bjd1 #bjf74 ,the facts elicited with respect to these experiments are set out in detail infra in connection with ,dr4 ,schilling4 99 99 99 99 99 ,b4 ,the common design at the ,kaufering ,branch ,camps of ,dachau 99 99 99 99 99 ,c4 ,the ,individual ,defendants 99 99 99 99 99 #ae4 ,dr4 ,claus ,karl ,schilling4 ,a special experimental station had been set aside in the hospital for the performance of malaria experiments under the supervision of the accused ,dr4 ,schilling 7,r #aia1 #aeg1 #dhb74 ,schilling performed his research for the purpose of determining immunization for and treatment of malaria 7,r #aib74 ,requests for prisoners were made by ,schilling 7,r #aei-afj74 ,one such request which was admitted into evidence1 stated that ,polish prisoners were requested 7,r #afj1 ,pros4 ,ex4 #ch74ce ,a list of inmates was prepared in the camp physician's office1 the inmates being of all nationalities which were represented in the camp1 and was sent to the labor office which made a copy of the list 7,r #bhd1 #bhe1 #bhg1 ,pros4 ,ex4 #dg1 #dh1 #aeg74 ,there the list was confirmed by the ,schutzhaftlagerfuehrer who sometimes made a few changes in the list 7,r #bhe74 ,these lists appeared about once every month since about #aidc 7,r #bhe74 ,none of the #a1bjj selectees ever consented or volunteered 7,r #afj-afa74 ,priests were often selected for these experiments 7,r #cef1 #cec74 ,an inmate1 a priest named ,father ,koch1 related his experience in that connection 7,r #cef74 ,he was first ,x-rayed and then sent to the malaria station 7,r #cef-ceg1 #cec1 #bae74 ,he was put into a little room where he received a box with mosquitoes which he had to hold in his hands for about half an hour 7,r #ceh74 ,that occurred every day for one week 7,r #ceh1 #cfc74 ,every afternoon another box of mosquitoes was put in between his legs while he was in bed 7,r #ceh1 #cfc74 ,each morning a blood smear was taken from his ear and his temperature was measured each day and night 7,r #ceh1 #cfd74 ,he was given quinine 7,r #ceh1 #cfd74 ,in about #ag days he left the hospital 7,r #cei1 #cfd74 ,after being released from the hospital he had to report back every ,saturday 7,r #cfj1 #cfd74 ,eight months later he had an attack of malaria1 which recurred precisely every #c weeks for #f months 7,r #cei1 #cfc1 #cfd1 #cfe74 ,the symptoms he felt were high fever1 chills1 and pains in the joints 7,r #cei74 ,koch did not volunteer for the experiments nor did the other prisoners who were mostly ,poles and ,russians1 who underwent the treatment with him 7,r #cef1 #cfb74 ,the prisoners were infected with malaria by the injections of the mosquitoes themselves or the injections of extracts of the mucous glands of the mosquitoes 7,r #aeg74 ,after having contracted malaria the prisoners were treated in different ways 7,r #aeg74 ,some1 as ,father ,koch1 were given quinine 7,r #ceh74 ,others were given neosalvarsan1 pyramidon1 antipyrin1 a drug numbered #ibeaf1 and several combinations of these 7,r #aeg74 ,some people died as a result of these experiments 7,r #aeh74 ,schilling was present when autopsies were performed on some of those persons 7,r #aeh74 ,whenever anyone died who had been injected with malaria1 a report of that death was made to the accused ,schilling and the chief doctor 7,r #aeh74 ,some of the victims died from the intoxication of neosalvarsan and pyramidon1 for many individuals could not withstand large doses of these drugs 7,r #aei74 ,from the autopsy it could be determined that a patient died of neosalvarsan since the reactions were similar to arsenic 7,r #aic1 #aid74 ,in the beginning of #aidd three deaths resulted from the use of pyramidon 7,r #aid74 ,these people were brought directly from the malaria ward to the autopsy room 7,r #aig74 ,two young ,russian boys who were transferred from the malaria ward to the general medical ward died within a day after their arrival because of overdoses of pyramidon 7,r #cid-cie1 #dje74 ,they had been sent to the general ward so that the official cause of death which would be stated would not be malaria 7,r #dje74 ,pyramidon has a toxic on the blood corpuscles which causes them to disintegrate 7,r #aie74 ,malaria was the direct cause of #cj deaths and as a result of complications1 #cjj to #djj more died 7,r #aif1 #aig74 ,people who had died directly from malaria had come straight from the malaria ward while the #cjj to #djj others had undergone the malaria experiment 7,r #bjd74 ,these people who had been subjected to malaria may later have died of tuberculosis1 pneumonia1 or dysentery 7,r #aif74 ,some of the patients whom ,dr4 ,schilling used had had tuberculosis before undergoing the experiments 7,r #aa74 ,fever type diseases have adverse effects on tuberculosis 7,r #baa74 ,an index of the malaria diseased people was kept in the hospital office 7,r #aih74 ,schilling received various visitors such as ,dr4 ,rabbit1 who was a ,reich ,,ss physician at ,oranienberg 7,r #aib74 ,a pretrial affidavit of the accused ,schilling executed in his own handwriting on #cj ,october #aide before #b;d ,lieutenant ,werner ,conn was admitted into evidence 7,r #hbg1 ,pros4 ,ex4 #abb74 ,this statement reads in pertinent part and in translation as follows3 8,my name is ,professor ,dr4 ,claus ,schilling4 ,i have already worked on tropical diseases for #de years4 ,i came to the experimental station in ,dachau in ,february #aidb4 ,i judge that ,i inoculated between #ijj and #a1jjj prisoners4 ,those were mostly inoculations for protection4 ,these people1 however1 were not volunteers4 ,the inmates whom ,i gave protective inoculations were not examined by me but by the current camp doctor4 ,before the inoculation there was usually an observation of several days4 ,the last camp doctor was ,dr4 ,hintermayer4 ,as well as ,i can remember1 in #c years there were #di patients who died outside the malaria station4 ,the patients were always released by me as cured only after #a year4 8,as remedy ,i used quinine1 atabrine1 and neosalvarsan4 ,i know for sure of six cases where ,i used pyramidon tablets to hold down the fever 7,pros4 ,ex4 #abb740 99 99 99 99 99 ,v4 ,evidence for the ,defense4 99 99 99 99 99 #ae4 ,doctor ,claus ,karl ,schilling ,the accused ,doctor ,schilling elected to testify and made the following unsworn statement3 ,he was #gd years old1 married1 had one son1 and was a physician4 ,he had specialized in tropical diseases1 particularly malaria1 since #ahih 7,r #adij1 #aejj74 ,dr4 ,schilling studied under ,professor ,koch of ,berlin1 and graduated from ,munich as a physician in #ahid 7,r #ahid74 ,he did research work in ,africa on malaria1 sleeping sickness1 and tsetse fly diseases 7,r #adig1 #adih74 ,dr4 ,schilling worked for the ,rockefeller ,foundation in ,berlin1 receiving a grant in #aiaa for the study of various diseases and for a trip to ,rome 7,r #adii1 #aejj1 ,def4 ,ex4 #ai74cf ,in ,december #aida in ,italy ,dr4 ,schilling met ,dr4 ,conti1 the ,reich physician leader1 who invited him to see ,himmler 7,r #aejj1 #aeja1 #aejh74 ,schilling went to ,himmler who gave him the order to continue his studies at ,dachau 7,r #aejb74 ,schilling had selected ,dachau because it was near his birthplace 7,r #aefh-aefi74 ,the question of using prisoners for experiments was not discussed 7,r #aejb74 ,in ,january #aidb1 ,schilling went to ,dachau 7,r #aejb74 ,schilling only accepted this commission at ,dachau because the ,league of ,nations1 of which he was a member1 told him of the importance of curing the seventeen million known cases of malaria4 ,he believed it was his duty to humanity 7,r #aedj74 ,he never became a member of the ,,ss or the ,nazi ,party 7,r #aejc74 ,he was a 8free1 independent1 research man40 7,r #aefh47 ,dr4 ,schilling infected thousands of prisoners with malaria 8,benign ,tertian0 which is not fatal 7,r #aejc74 ,the purpose for this was to find a vaccination against malaria and today there is no vaccination against malaria except the one discovered by ,schilling 7,r #aejc74 ,dr4 ,schilling used mosquitoes and blood transfusions to infect the patients and received patients already infected 7,r #aejc1 #aejd74 ,the patients were divided into groups and were constantly watched1 one group for the purpose of keeping up the strain and another for immunization purposes 7,r #aeje-aejf74 ,the latter were injected repeatedly to step up their immunity 7,r #aejf74 ,schilling re-infected about #djj to #ejj patients and used quinine1 atabrine1 and neosalvarsan1 and a dye ,no4 #beaf which made the patients immune2 to prove this he had to test by infecting them again 7,r #aejg74 ,dr4 ,schilling could not work with animals because they are not receptive to malaria and men are used throughout the world 7,r #aejg74 ,he assumed that ,admiral ,stipp and ,mark ,boyd1 two malaria authorities1 used humans in their experiments 7,r #aejh74 ,infected malaria has been used to cure paralysis 7,r #aejh74 ,only about four or five of the patients refused to be immunized1 but they consented after ,schilling explained the importance of the work 7,r #aeji74 ,the selections of the patients were made as follows3 ,berlin allowed him thirty patients a month and he would requisition them through the camp physician from the commandant who contacted the labor leader 7,r #aeaj74 ,the latter selected healthy prisoners and ,schilling's assistants chose the final names and sent them to ,berlin1 where the selection was approved 7,r #aeji1 #aeaj74 ,these patients were carefully inspected and could not be refused by ,schilling by order of ,himmler 7,r #aeaa74 ,the doses of neosalvarsan were #a4ed grams and at no time failed 7,r #aeab74 ,he used pyramidon to lower the body temperature although the drug has a bad effect on the blood corpuscles 7,r #aeac1 #aead74 ,he used this drug only in #ae cases and found that two grams were not harmful4 ,this was important so the body could react without fever 7,r #aeae74 ,nobody died from pyramidon 7,r #aeae74 ,malaria has been used to cure syphilis and neosalvarsan can destroy parasites in a fever 7,r #aeae74 ,dr4 ,schilling never dealt with ,dr4 ,blaha on any autopsies involving neosalvarsan poisoning4 ,discharged patients were told to report back if they felt sick 7,r #aeaf74 ,periodic checks were made of them and any patient was received back if there was sign of relapse 7,r #aeag74 ,if ,schilling was asked to resume his work1 he would do so only on volunteers 7,r #aeah74 ,dr4 ,schilling was withdrawn as a witness1 at this point1 but resumed the stand later and testified as follows3 ,in death through neosalvarsan all organs are affected 7,r #aecf74 ,blood cells may die1 but nothing like this happened in his cases 7,r #aecf1 #aecg74 ,it is impossible to determine death by malaria by a mere autopsy without a microscope1 especially where there may be other complications 7,r #aecg74 ,pyramidon is rarely the cause of death 7,r #aecg74 ,out of the #ajj people infected by ,dr4 ,schilling with malaria1 not a single one of them died of uncomplicated malaria 7,r #aech74 ,weight of the patients during experiments increased4 ,additional food was given and people suffering from contagious disease would be isolated 7,r #aeci74 ,dr4 ,schilling never stated the wrong cause of death 7,r #aeci74 ,dr4 ,schilling stated he couldn't experiment on himself because he had had malaria in #aicc and men like him cannot be reinfected in most cases although malaria is a recurring disease 7,r #aeda74 ,if there is chronic malaria1 the heart muscles will suffer as in all chronic diseases 7,r #aedc74 ,malaria will increase the watery substance in the blood and the brain will suffer under chronic malaria 7,r #aedd74 ,chronic malaria will weaken the body to make it susceptible to other diseases and one may die of another disease while having malaria 7,r #aedf74 ,schilling had ,,ss doctors helping him and examined all patients personally and supervised the records 7,r #aedf74 ,schilling recognized ,prosecution ,exhibit #aca which stated that #ai cases were treated with pyramidon1 three of whom died 7,r #aedg74 ,he declared these patients were suffering from typhus and were removed from the ward 7,r #aedg1 #aedh74 ,although there was a typhus epidemic in ,november #aidd and he knew that people were dying1 he continued his experiments 7,r #aeej74 ,everyone who was inoculated remained at the station 7,r #aeej74 ,one patient was injected three times and later died of typhus 7,r #aeea74 ,he was given neosalvarsan1 atabrine1 and quinine4 ,pyramidon doses of three grams per day for five successive days were given4 ,dr4 ,blaha did not inform ,schilling of the deaths due to pyramidon poisoning4 ,if ,schilling had been notified he would have stopped the experiment4 ,an ,italian named ,calveroni was infected with blood and might have gotten typhus 7,r #aeef74 ,if a man is suffering from malnutrition1 a big dose of neosalvarsan is not advisable 7,r #aeeg74 ,if it would save his life1 ,schilling would give it to him 7,r #aeeg74 ,it depended on the physical condition of the man and of what he was suffering2 yet1 ,schilling gave the drug to ,father ,wicki who only weighed #ej kilos 7,r #aeeh71 but ,schilling says that ,wicki was not a severe case 7,r #aeei74 ,schilling gave #c grams of neosalvarsan in #e days1 which was the largest dose he ever gave over that period of time4 ,he does not remember giving drugs to sufferers of dysentery 7,r #aefb74 ,schilling did not remember specific cases where he did not use caution 7,r #aeff1 #aefg74 ,he recalled the priest ,stachowski who died1 but doesn't remember he died from neosalvarsan 7,r #aefg1 #aefh74 ,dr4 ,schilling was not under the control of the ,,ss 7,r #aefh74 ,he heard rumors about beatings1 but did not concern himself with 8things that were not my business0 7,r #aefi74 ,all his records had been burned 7,r #aegj74 ,schilling denied all accusations against him other than what he admitted as part of his duty 7,r #aegb1 #aegc74 ,he declared that his work was unfinished and that the court should do what it could to help him finish his experiments for the benefit of science and to rehabilitate himself 7,r #aegd74 ,mrs4 ,hubner1 who knew ,professor ,schilling for #cj years1 stated that she often saw him in ,italy and in ,germany and has known him to be of good reputation and of good veracity 7,r #aeai1 #aebj1 #aeba74 ,he told her his only aim was to help cure malaria 7,r #aebb74 ,she believed his intentions at ,dachau were good 7,r #aebc74 ,frau ,durck1 the wife of a university professor of anatomical pathology who was interested in malaria research1 knew ,professor ,schilling since #aibd 7,r #aebe1 #aebf74 ,schilling was always regarded in his field as a serious scientist 7,r #aebg74 ,she knew what he was doing at ,dachau but her husband would not have done it 7,r #aebg74 ,dr4 ,eisenberger1 a lawyer for #eb years1 knew ,dr4 ,schilling for #cj years 7,r #aebg74 ,he considered ,schilling highly respectable and reliable1 and said ,schilling was seeking to benefit science and would never do anything wrong 7,r #aebh74 ,heinrich ,stoehr1 a male nurse at ,dachau1 testified it was known that ,schilling worked on orders from ,himmler 7,r #afjh1 #afji74 ,the camp physician's and ,schilling's assistants examined the patients prior to experimentation 7,r #afji74 ,dr4 ,brachtel1 an ,,ss doctor and assistant to ,schilling1 also performed atabrine experiments 7,r #afaj74 ,if a patient had a relapse from malaria1 he was treated by ,dr4 ,schilling 7,r #afaa1 #afab74 ,others were given quinine by some of the hospital staff 7,r #afaa1 #afab74 ,max ,kronenfelder worked in the malaria station under ,schilling from ,february #aida to ,june #aidc 7,r #afad74 ,he knew about a ,dr4 ,brachtel1 who also made private experiments on malaria without the knowledge of ,dr4 ,schilling 7,r #afae74 ,kronenfelder took blood smears and performed minor details such as cleaning up 7,r #afaf74 ,brachtel experimented with patients who had tuberculosis1 helped by a man named ,adam 7,r #afag74 ,adam was often in the morgue with ,dr4 ,blaha 7,r #afah74 ,father ,rupieper had been subjected to the malaria experiment in ,august #aidb 7,r #iba74 ,other priests who were also subjected were ,peter ,bower1 ,gustav ,spitzick1 ,amon ,burckhardt1 ,fritz ,keller1 and ,kasinemer ,gasimer ,rikofsky 7,r #iba74 99 99 99 99 99 ,,vi4 ,prosecution ,rebuttal ,evidence4 ,common ,design4 99 99 99 99 99 #ae4 ,dr4 ,claus ,karl ,schilling4 ,when one of ,dr4 ,schilling's patients died there were orders to report that fact to the malaria station even though the man had died in another section of the hospital 7,r #agab74 ,toward the end of #aidb ,professor ,schilling was personally present at the autopsy of a man who died of neosalvarsan and he requested the brain1 liver1 kidneys1 spleen1 and a piece of stomach 7,r #agab1 #agca74 ,in that case ,dr4 ,schilling dictated part of the findings with respect to the cause of death 7,r #agab74 ,when the first three patients died from pyramidon in ,february #aide1 a member from the malaria station and ,dr4 ,hintermayer were present 7,r #agac1 #agbc1 #agca74 ,dr4 ,blaha stated that in his experience as a physician the average patient could receive #c4c pyramidon a day1 and that the largest dose would be #b grams per day1 but that of course assumed that the individual was healthy and strong 7,r #agac74 ,in ,dr4 ,blaha's judgment1 the prison inmates could not be given more than #a to #b grams for a few days 7,r #agad74 ,if these people were to receive #c grams per day for three successive days1 signs of poisoning would be revealed 7,r #agad74 ,dr4 ,blaha stated that an autopsy revealed that death from pyramidon was the result of sudden suffocation which was not true in the case of typhus 7,r #agbe74 ,death from typhus could be determined by certain indicia without a microscope 7,r #agbe74 ,dr4 ,blaha explained that the ordinary mydol tablet contained #c pyramidon and that it is sold over the open counter 7,r #agbb74 ,if taken in moderate doses it will not have any ill effects 7,r #agbb74 ,a leaflet of ,i4 ,g4 ,farben1 ,indiana1 which held the neosalvarsan contained the following instructions3 8,in between the individual infections1 spaces of time should be permitted to elapse1 from #c to #g days40 7,pros4 ,ex4 #acd7 ,these were instructions for syphilis 7,r #aefd74 ,in paragraph five in the leaflet it read in part1 8such caution in the use of neosalvarsan is recommended for undernourished and severe anaemic patients1 tuberculosis1 diseases of the lungs1 heart1 kidneys1 liver1 and intestines40 7,r #aefd1 #aefe47 99 99 99 99 99 ,x4 ,merits and ,defense4 99 99 99 99 99 #ae4 ,dr4 ,claus ,karl ,schilling4 ,dr4 ,schilling1 at the call of ,himmler1 began conducting his malaria experiments at ,dachau in ,february #aidb4 ,he continued these experiments until liberation of the camp4 ,it was undisputed that the inmates whom ,dr4 ,schilling used in his work were not volunteers4 ,dr4 ,schilling's research was performed for the purpose of determining immunization for and treatment of malaria4 ,his requests for inmates were made about every month4 ,these lists were prepared in the camp physician's office and then sent to the camp commander and labor office4 ,about #a1bjj selectees were thus chosen for subjection4 ,many of them were priests4 ,the number of people who died from the malaria or from the drugs such as pyramidon or neosalvarsan is not known4 ,certainly some died4 ,it is reasonable to infer that the deaths of many of the inmates from tuberculosis1 dysentery1 typhus1 and other diseases were caused in part by the fact that those people had been subjected to malaria4 ,although ,dr4 ,schilling's motive may have been simply and purely a scientific one1 his activities exemplified the ,nazi scheme which existed at ,dachau4 ,the part he played in that scheme is clear4 99 99 99 99 99 ,,xiv4 ,sentences4 99 99 99 99 99 ,in many respects the accused ,schilling was the most reprehensible4 ,he voluntarily came to ,dachau fully cognizant of the nature of the work he intended to perform4 ,being the educated and learned person that he was1 ,schilling undoubtedly must have realized the manner in which his work suited the needs of the ,nazis4 ,although his personal motives may have stemmed from his desire to aid humanity1 he permitted himself to utilize ,nazi methods in contrast to other eminent ,german artists and scientists who either fled or refused to make themselves a part of the ,nazi system4 ,it is believed that the sentence of the ,court1 which was aware of ,schilling's position in the scientific world1 should be approved4 99 99 99 99 99 ,,xvi4 ,actions4 ,a form of action designed to carry the foregoing recommendations into effect1 should they meet with your approval1 is submitted herewith4 ,signature ,charles ,e4 ,cheever ,typed ,,charles ,e4 ,,cheever ,colonel1 ,,jagd1 ,staff ,judge ,advocate4 ,,military ,,government ,,court ,,order ,,on ,,review ,order ,no4 #c4 ,whereas ,martin ,gottfried ,weiss1 ,friedrich ,wilhelm ,ruppert1 et al41 were convicted of the offenses of ,violations of ,laws and usages of war in that they acted in pursuance of a common design1 did encourage1 aid1 abet1 and participate in the subjection of ,allied nationals and prisoners of war to cruelties and mistreatments at ,dachau concentration camp and its subcamps by the ,general ,military ,court appointed pursuant to paragraph #c1 ,,so #cjd1 ,hq41 #b ,november #aide1 at ,dachau1 ,germany and each accused was sentenced to death by hanging except four3 ,peter ,betz who was sentenced to life imprisonment1 ,hugo ,alfred ,erwin ,lausterer who was sentenced to confinement at hard labor for #aj years1 ,albin ,gretsch who was sentenced to confinement at hard labor for #aj years1 and ,johann ,schoepp who was sentenced to confinement at hard labor for #aj years by judgment dated the #adth day of ,december #aide1 and ,whereas the case has now come before me by way of review and after due consideration and in exercise of the powers conferred upon me1 ,i hereby order3 ,that the findings and the sentence in the cases of ,weiss1 ,ruppert1 ,jarolin1 ,trenkle1 ,niedermeyer1 ,seuss1 ,eichberger1 ,wagner1 ,kick1 ,hintermayer1 ,witteler1 ,eichelsdorfer1 ,foerschner1 ,schilling1 ,knoll1 ,boettger1 ,betz1 ,endres1 ,kiern1 ,rewitz1 ,welter1 ,suttrop1 ,tempel1 ,lausterer1 ,becher1 ,kramer1 ,filleboeck1 ,schoettl1 ,gretsch1 ,kirsch1 ,langleist1 ,lippmann1 ,degelow1 ,moll1 ,schulz1 and ,wetzel be upheld4 ,that the sentence imposed in the case of ,eisele be reduced to confinement at hard labor for life4 ,that the sentence imposed in the case of ,puhr be reduced to confinement at hard labor for #bj years4 ,that the sentence imposed in the case of ,mahl be reduced to confinement at hard labor for #aj years4 ,that the sentence imposed in the case of ,schoepp be reduced to confinement at hard labor for #e years1 and for so doing this shall be sufficient warrant4 ,dated this #bdth day of ,january #aidf4 ,signed ,l4 ,k4 ,,truscott1 ,,jr41 ,lieutenant ,general1 ,u4,s4,a4 ,commanding4 ,,partial ,,translation ,,of ,,rose ,,document #aa ,,rose ,,defense ,,exhibit #bg ,,extracts ,,from ,,report ,,of ,,professor ,,dr4 ,e4 ,,gildemeister ,,concerning ,,the ,,activities ,,of ,,the ,,robert ,,koch ,,institute--,,reich ,,institute ,,for ,,the ,,fight ,,against ,,infectious ,,diseases 99 99 99 99 99 #b4 ,malaria ,research4 a4 ,cultures of strains4 ,the strain 8,greece0 of plasmodium vivax was bred in the department by ,miss ,lange till #ca ,december #aidb1 in the #cjth continuous passage of man-mosquito-man4 ,the number of infected patients up to that date was #cgi4 ,the main work concerned the malaria treatment of paralytics and schizophrenics4 ,in addition1 however1 there were a few therapeutic experiments with other diseases1 in cases where the clinics concerned required mosquito bite infections in order to obtain a reliable malaria free from lues4 ,the number of clinics and hospitals obtaining part or all their requirements of therapeutical malaria infection from the department rose to #aa4 ,in addition to the strain 8,greece01 various other malaria strains were taken into the mosquito passage for comparative experiments2 they were1 however1 not permanently maintained4 ,this considerable amount of incoming clinical material was continuously collected and sorted although it has not yet been used4 ,in the course of the research two more laboratory infections occurred due to mosquito bites4 ,the following examinations by ,dr4 ,hoering1 ,professor ,rose1 and ,dr4 ,emmel were made possible by the maintenance of the anopheles colony and the malaria breed4 b4 ,parasite straining4 ,dr4 ,hoering continued her work on the improvement of the microscopic presentation of malaria parasites4 ,despite certain improvements of the microscopic picture it was not possible to develop a procedure easily applicable in practice and superior to the established methods4 c4 ,artificial feeding and artificial infection of anopheles4 ,dr4 ,hoering continued to develop the methods of artificial blood feeding of anopheles1 evolved by ,dr4 ,olzscha4 ,in this artificial feeding the anopheles would not take citrated blood even though sugar had been added4 ,blood haemolized with water and saturated with sugar was taken1 as well as liquid blood1 although the addition of sugar was preferred4 ,artificial feeding of blood is biologically not altogether equal to natural feeding4 ,the duration of life was almost the same with artificial feeding as with the normal feeding of the animal4 ,however1 females which were merely artificially fed1 only laid eggs in exceptional cases4 ,it is known that with anopheles which suck blood from the animal1 the blood enters the duodenum without previously entering the sucking stomach1 while other nutritious matter first reaches the sucking and reserve stomachs4 ,it was previously assumed that the nature of the food1 especially the number of cells1 acted as indicative irritation4 ,dr4 ,hoering's experiments with artificial blood nutrition showed this assumption to be wrong4 ,sweetened as well as unsweetened blood1 which is used for artificial feeding1 first enters into the reserve stomachs in the same way as a sugar solution4 ,further experiments proved that the piercing of a membrane also causes no indicative irritation4 ,after the method of the artificial feeding with blood had been developed1 ,dr4 ,hoering carried out experiments with the feeding of infected blood containing malaria4 ,finally1 it was possible to infect anopheles by artificial feeding of blood1 so that normally developed sporozoites grew inside them4 ,this is the first time that such an experiment was successfully carried through4 d4 ,conservation of malaria parasites4 ,professor ,rose had the experiments continued concerning the conservation of malaria parasites in liquids suitable for the conservation of blood4 ,even after #aej days malaria parasites could be demonstrated morphologically in individual cases4 ,however1 attempt at infection with such blood did not succeed4 ,the continuation and repetition of these experiments are planned4 ,the as yet unknown possibility of keeping malaria parasites alive in vitro for such long periods raises the problem of whether malaria parasites may become also dormant in human beings4 ,the fact that an infection could be achieved in human beings with #ij-;day-old parasites proves that these preserved parasites did not lose their development and multiplying properties4 ,the assumption of such dormant forms in the human being would offer new explanations for malaria relapses after long intervals of recovery4 ,the department is engaged in morphologically characterizing the dormant forms observed in a test tube and in searching for the existence of such forms in clinical malaria cases4 e4 ,the appearance of anopheles in the ,warthegau4 ,dr4 ,olzscha investigated the appearance of anopheles in #bba hamlets1 villages1 and scattered settlements of the ,warthegau4 ,anopheles were found practically everywhere4 ,the investigation of #fjj individual clusters proved beyond doubt that except in a few cases where a definite determination was not possible1 they belonged to the genus of messaeae of anopheles maculipennis4 ,only in one case were ,a4 m4 artroparvus found4 99 99 99 99 99 h4 ,malaria treatment4 ,professor ,rose in cooperation with ,obermedizinalrat ,dr4 ,sagel1 director of the ,country ,mental ,institution in ,arnsdorf-,saxony1 and ,dr4 ,mertens1 ,dr4 ,koenig1 and ,dr4 ,peters1 ,leverkusen1 tested the efficacy of new synthetic remedies against mosquito sting malaria4 ,the best method of administering a new and proved preparation was developed4 99 99 99 99 99 ,,partial ,,translation ,,of ,,rose ,,document #dg ,,rose ,,defense ,,exhibit #ce ,,affidavit ,,of ,,professor ,,dr4 ,,hans ,,luxenburger1 #bd ,,march #aidg1 ,,concerning ,,rose',s ,,interest ,,in ,,therapeutical ,,malaria ,,treatments ,i1 ,professor ,dr4 med4 ,hans ,otto ,luxenburger1 born on #ab ,june #ahid in ,schweinfurt1 residing in ,munich1 #bb ,liebigstrasse #ce_/;,,ii1 have been informed that ,i will be liable to punishment if ,i make a false affidavit4 ,i declare under oath that my statement is true and was made in order to be submitted in evidence to ,military ,tribunal ,no4 #a at the ,palace of ,justice1 ,nuernberg1 ,germany4 ,being a psychiatrist myself1 ,i took an interest in ,professor ,rose's malaria research insofar as we talked now and again about ,rose's progress and the results of his research4 ,for me as a psychiatrist it was always noteworthy that ,rose regarded cooperation with the psychiatrists of hospitals for the insane by no means only from the point of view of his interest in malaria research4 ,on the contrary1 he always showed definite interest in the related psychiatric-therapeutic questions4 ,contrary to the opinion formerly advocated by ,wagner-,jauregg1 he hoped to attain more thorough and permanent success in treatment by infection with mosquitoes as advocated by him 7,rose7 instead of the formerly customary blood transfusion1 because in his opinion endothelia infection was also attained thereby4 ,he also was particularly interested in the question of finding a benign tropical strain and employing it in treatment1 in order to carry out thorough and long fever treatments on cases of paralysis relapse2 this is generally unsuccessful when employing the usual tertiana strains in cases of relapse4 ,he was especially interested in the possibility of therapeutic influence upon schizophrenia4 ,in the well-known psychiatrist ,dr4 ,sagel1 he had a co-worker who advocated the opinion that schizophrenia1 apart from its hereditary basis1 must be caused by an additional external impairment1 and he suspected that these causes lay in infectious diseases1 especially rheumatic infections4 ,working from this assumption1 he hoped for success with this disease similar to that with paralysis4 ,this idea was not a new one4 ,similar experiments were conducted earlier4 ,rose was especially encouraged in this work by some impressive isolated successes in quite hopeless cases of schizophrenia4 ,i can recall his joy as he told me1 apart from other1 cases1 of a woman who was about to be divorced1 after the head of the institution had declared her condition1 which had existed for more than #c years1 to be incurable4 ,in this case ,rose's treatment1 according to his report1 not only resulted in completely restoring the sick woman's health but also led to her return to her family and the reestablishment of the marriage4 ,munich1 #bd ,march #aidg ,signed ,,prof4 ,,dr4 ,,hans ,,luxenburger ,the above signature of ,professor ,dr4 med4 ,hans ,otto ,luxenburger1 residing in ,munich1 #bb ,liebigstrasse #ce_/;,,ii1 given before me1 ,notary1 ,theobald ,petri1 ,administrator1 is herewith certified and attested4 ,munich1 #bd ,march #aidg4 ,signed ,petri1 ,notary 7,theobald ,petri71 ,notary ,administrator of the ,notary's ,office1 ,munich ,,xvii ,seal ,i certify that the above document is a true and correct copy4 ,nuernberg1 #aj ,april #aidg4 ,signature ,dr4 ,,hans ,,fritz 7,dr4 ,hans ,fritz7 ,defense ,counsel ,,partial ,,translation ,,of ,,rose ,,document #ej ,,rose ,,defense ,,exhibit #di ,,extract ,,from ,,the ,,affidavit ,,of ,,professor ,,dr4 ,,ernst ,,georg ,,nauck1 ,m4 ,d41 ,,hamburg #d1 ,,bernhard-,,nocht-,,institute ,,for ,,nautical ,,and ,,tropical ,,diseases 99 99 99 99 99 ,experimental infections of human beings with malaria tertiana 7mild tertian malaria7 have proved to be harmless and have very frequently been carried out on voluntary experimental subjects4 ,it is well known that artificial infection with tertiana is also carried out as a cure against other diseases 7paralysis1 rabies74 ,if the artificial infection is carried out carefully and under medical supervision1 death or permanent damage to health should not occur4 ,if the experiment with malaria tertiana1 as carried out by ,claus ,schilling1 was carried out with the same care1 no danger to the experimental persons should have been entailed4 ,since ,claus ,schilling was a prominent scientist of international fame1 it must be assumed that he carried out his investigations with the intention or the knowledge not to harm human life4 ,this we find confirmed in the following3 #a4 ,stitt's diagnosis1 ,prevention and ,treatment of ,tropical ,diseases1 by ,richard ,p4 ,strong1 #gth edition1 ,london1 ,h4 ,k4 ,lewis ,co41 ,ltd41 #aide1 page #ei3 8,the question of the occurrence of immunity in malaria has been extensively studied in recent years1 not only from the epidemiologic standpoint but from experimental inoculations which have been carried on in both men and animals4 ,however1 in interpreting the results of the inoculations in man which have been carried out by direct injection of blood containing schizonts or by the injection of sporozoites from mosquitoes or by the bites of infected mosquitoes1 many factors regarding the virulence or number of the parasites inoculated1 the species and conditions of infectivity of the mosquitoes1 the temperature at which they have been kept1 and other factors1 must be taken into consideration in drawing conclusions with regard to the susceptibility of individuals to infection4 ,much of the work is still in the experimental stage1 though some definite progress has recently been made40 99 99 99 99 99 ,,extracts ,,from ,,the ,,testimony ,,of ,,prosecution ,,witness ,,august ,h4 ,,vieweg#cg ,,direct ,,examination 99 99 99 99 99 ,,mr4 ,,hardy3 ,while you were an inmate at the concentration camp1 did you ever undergo any medical experiments8 ,,witness ,,vieweg3 ,i was used for malaria experiments by ,professor ,dachfinney at the ,dachau concentration camp4 ,q4 ,how many times were you subjected to the malaria experiments by ,dr4 ,schilling8 ,a4 ,on five occasions ,i received injections of #e cubic centimeters of highly infectious malaria blood4 ,q4 ,would you kindly tell the ,tribunal what effect these experiments had on you2 that is1 did you have high fever1 serious illness1 and so forth8 ,a4 ,quite often ,i ran a very high temperature4 ,i got into a very exhausted condition1 and after the injection ,i received large doses of medical drugs1 quinine1 ephedrine1 and many others4 ,i was in bed for weeks1 and after one treatment there were #bj to #bf occasions in the course of the years #aidc1 #aidd1 #aide1 and #aidf1 when ,i had malaria attacks1 so that for a long time ,i was unable to work4 ,q4 ,at the present time1 do you have recurrences of this malaria fever8 ,a4 ,this last year ,i was in the hospital from ,august #ast to #aeth1 again with malaria attacks4 ,q4 ,how many recurrences of malaria have you endured since you were experimented on by ,dr4 ,schilling8 ,a4 ,after my treatments in the experimental station had been concluded ,i stayed with ,dr4 ,schilling1 and there were #bj occasions when ,i was treated for recurrences4 ,q4 ,are you completely cured now1 ,witness8 ,a4 ,no4 ,q4 ,after you had undergone the various experiments at the hands of ,dr4 ,schilling1 did you then become a worker in ,dr4 ,schilling's laboratory8 ,a4 ,after my first so-called immunization treatment had been concluded1 the chief medical officer of that department sent me over to ,dr4 ,schilling's department for laboratory duties4 ,q4 ,on what date did you assume those duties8 ,a4 ,i am afraid ,i can't tell you that exactly1 but it must have been on or about ,august #aidb4 ,q4 ,what were your duties in ,dr4 ,schilling's experimental station8 ,a4 ,in ,dr4 ,schilling's department ,i was in charge of animals4 ,in other words1 ,i cultivated animals1 white mice1 and canaries2 in fact1 ,i was in charge of that department4 ,q4 ,did you have any other or additional duties1 such as file clerk or typist1 ,witness8 ,a4 ,for a certain period1 ,i substituted for the clerk and ,i was in direct contact with ,dr4 ,schilling on various occasions4 ,i had a certain amount of business with the chemistry department1 purchases from ,dachau1 and ,i was also in charge of the detachment which had to search the water near ,dachau for anopheles mosquitoes4 ,q4 ,while with ,dr4 ,schilling1 did you have the opportunity to read any of ,dr4 ,schilling's correspondence8 ,a4 ,i had frequent occasions to see the reports which ,dr4 ,schilling sent in every #c months1 and sometimes ,i saw the answers which ,dr4 ,schilling received from ,berlin1 as well as from some other chemical manufacturers4 ,q4 ,witness1 can you recall to whom those reports were sent1 in ,berlin8 ,a4 ,these quarterly reports1 which ,dr4 ,schilling used to prepare1 went to the ,,ss ,obergruppenfuehrer ,dr4 ,grawitz1 ,reich ,medical ,officer4 ,q4 ,you have referred to the fact1 today1 that you saw some of the answers ,dr4 ,schilling received from ,berlin2 who was the originator of those letters that ,dr4 ,schilling received from ,berlin8 ,a4 ,as far as ,i can recollect1 these replies were sent to ,professor ,schilling by ,dr4 ,grawitz4 ,q4 ,do you know where ,dr4 ,schilling received his material to be used in this research1 that is1 infected blood for the malaria experiments1 fly eggs1 and so forth8 ,a4 ,i can remember that ,dr4 ,schilling received malaria fly eggs1 so-called eggs from which he bred other flies1 from ,duesseldorf2 they came from an insane asylum1 but ,i can't remember the name1 and some from the ,medical ,institute at ,rome that used to receive eggs4 ,in fact1 his material used to come from ,berlin4 ,according to my memory1 it came from ,professor ,rose1 and also from ,athens2 but ,i am afraid ,i cannot recollect the name there4 ,q4 ,do you know whether ,professor ,rose had any correspondence with ,dr4 ,schilling8 ,a4 ,i remember that in connection with previous breeding attempts we were not too successful1 and subsequently ,i saw a number of letters given to a stenographer by ,dr4 ,schilling4 ,they were addressed to ,professor ,rose4 ,he was making certain explanations in them regarding certain types of insects1 in connection with which my name was used4 ,i am certain it went to ,berlin and ,i am certain that answers were received on numerous occasions4 ,q4 ,did ,dr4 ,schilling ever send any reports of these experiments to ,professor ,rose1 to your knowledge8 ,a4 ,whether he sent reports about malaria patients1 ,i don't know4 ,at any rate1 as far as these fly-breeding experiments are concerned1 he had sent reports4 ,i know that for certain4 99 99 99 99 99 ,q4 ,witness1 we will go back to the malaria experiments for the moment4 ,what was the nationality of the people used for the malaria experiments1 what type of people were they8 ,a4 ,the biggest proportion1 approximately two hundred patients1 used for the malaria experiments were ,germans1 a large proportion were ,polish priests1 and the rest were partly ,russians1 some ,yugoslavs1 and some ,poles4 ,q4 ,were any prisoners of war used in these experiments8 ,a4 ,of the ,russians1 many were prisoners of war4 ,q4 ,what was the total number of people used in these malaria experiments from your knowledge8 ,a4 ,according to my knowledge1 #a1jhd experimental subjects were used for the malaria experiments4 ,q4 ,will you kindly tell us1 ,witness1 how many of these subjects used in the malaria experiments died as a result of the experiments8 ,a4 ,according to my knowledge seven or eight died at the malaria station1 either directly or because of the treatment with drugs4 ,i can describe the details if you like4 ,the first case was an ,austrian who afterwards became ill because of these malaria experiments4 ,the assistant at that time1 ,dr4 ,brachtel1 who was at the same time the deputy physician at the hospital1 made a liver puncture and the patient bled to death4 ,q4 ,witness1 then you state from your knowledge that seven or eight died from the experiments4 ,of that number who died1 did the deaths occur in the malaria station itself8 ,a4 ,this was the number of dead who were not transferred by us to another department1 but who died at our station or a few hours after they had been transferred to another station4 ,q4 ,have you any knowledge as to what happened to some of the other patients who were transferred to some other station after they were experimented on8 ,that is1 did some others die after they were experimented on8 ,a4 ,of our patients1 during the years after they came to us for observation1 ,i can recollect that another #fj patients died4 ,i cannot say for certain they died of malaria or other results of the experiments4 99 99 99 99 99 ,,cross-,,examination ,,dr4 ,,fritz3 ,i have a few questions to ask the witness4 ,witness1 on ,friday you seemed to be fairly well acquainted with certain malaria questions1 obviously on the basis of knowledge gained with ,professor ,schilling4 ,i would now like to ask you the following questions concerning some very important details3 ,during your examination by the prosecuting counsel you spoke of certain regrettable incidents4 ,a number of deaths had occurred during the course of the malaria experiments conducted by ,professor ,schilling4 ,at the time you mentioned about seven cases1 but you only described one in detail4 ,the patient had yellow fever in addition to malaria and then bled to death because the liver was punctured4 ,i now ask you to tell me something about the reasons for the other six deaths4 ,,witness ,,vieweg3 ,the other six patients were the so-called 8medicament death0 cases4 ,one patient died as a result of the salvarsan drug4 ,the other one died as a result of the so-called 8periphery0 experiment1 and the last four died as the result of a pyramidon experiment4 ,q4 ,were the patients who1 after being released from the station of ,schilling1 suffered relapses sent back to ,professor ,schilling's station8 ,a4 ,if they reported back to us1 they were taken back to the station4 ,q4 ,in that case did any patients die in ,professor ,schilling's department who later on had malaria or relapses8 ,a4 ,patients who were in danger of death were transferred to another station4 ,q4 ,do you remember whether malaria tertiana is a fatal illness8 ,a4 ,as far as ,i know nobody with us died of malaria tertiana4 ,the deaths were a result of the secondary diseases which appeared because of the drugs used in the malaria experiments4 ,q4 ,did ,professor ,schilling say anything to you about these fatal cases which were under his responsibility and observation1 and if so1 what8 ,a4 ,the first two cases1 the patient who died as a result of the punctured liver and the one who died because of the salvarsan injection1 ,dr4 ,schilling regretted very deeply4 ,he tried to prevent such happenings as much as possible4 ,in the last four cases1 concerning the pyramidon experiment1 he was told that the patients were in a very bad condition4 ,nevertheless1 he insisted that they continue to receive the pyramidon drugs--,i think it was #c grams per day--and when these patients arrived at the delirium stage1 they were transferred from our ward shortly before their death4 ,q4 ,and now something else4 ,on ,friday you testified that ,dachau received anopheles from ,dr4 ,rose's institute and that there was an exchange of correspondence about the difficulties you had in breeding these eggs4 ,do you know where ,dr4 ,rose worked1 in which institute8 ,a4 ,i think these letters were addressed to the ,robert ,koch ,institute in ,berlin4 ,q4 ,do you know from this correspondence whether these replies came from ,dr4 ,rose personally or from his assistant8 ,a4 ,that ,i cannot state from memory4 ,i recall one reply from a lady who was in charge of the breeding of these eggs in ,berlin4 ,q4 ,that was probably an assistant who had worked with ,rose for many years8 ,a4 ,yes1 but ,i think ,professor ,schilling first turned to ,professor ,rose1 and probably the replies primarily came from ,professor ,rose4 ,q4 ,can you remember the name of the lady8 ,a4 ,no4 ,q4 ,do you know with whom ,dr4 ,schilling had dealings and correspondence in addition to ,dr4 ,grawitz and ,dr4 ,rose8 ,a4 ,i cannot remember4 ,i know that he corresponded with an institution in ,duesseldorf called ,graefenrad or something like that1 and he requested the breeding of these eggs there1 and they sent us flies1 live flies4 ,q4 ,did you have the name 8,rose0 in mind1 or did you only recall his name when you were first examined8 ,a4 ,no4 ,the name 8,rose0 remained in my recollection because ,i1 myself1 was infected with the malaria called 8,rose04 ,he had these various immunization groups1 the so-called malaria stock1 which had various different names1 and ,i was with a group which was infected with a so-called ,rose ,culture4 ,q4 ,you have testified before that you received eggs from ,rome4 ,you could not however remember the name4 ,was it perhaps ,professor ,vissireli1 ,dr4 ,rosni1 or ,dr4 ,raphaeli8 ,a4 ,i think it was ,vissireli4 ,q4 ,did you also receive these eggs from ,hamburg8 ,a4 ,we received no eggs from the ,tropical ,institute in ,hamburg1 but ,professor ,schilling corresponded with that ,institute4 ,q4 ,can you remember in which year you received these eggs from the ,robert ,koch ,institute1 or rather from ,professor ,rose8 ,a4 ,it was in the summer of #aidb4 ,q4 ,you have told us about a number of these flies which you had to breed in the vicinity of ,dachau4 ,were you present8 ,a4 ,there was one special detachment for this purpose1 including an ,,ss man and one or two inmates4 ,that was in the swamps surrounding ,dachau during the summer months4 ,various water tests were made1 and according to the degree of heat of the swamps1 ,dr4 ,schilling ordered the waters to be infected with a mixture of pig food4 ,this special detachment went around the cellars of the ,dachau camp during the winter months and worked on that matter4 ,our laboratories then examined these anopheles flies1 and used them for breeding purposes4 ,q4 ,can you state anything about the quantities caught8 ,a4 ,it varied in the winter--sometimes they brought #aj1 sometimes #cj to #ej1 and sometimes #fj4 ,q4 ,did your department in ,dachau deliver any such eggs to other departments8 ,a4 ,we delivered such eggs on one occasion1 but ,i cannot remember where4 ,q4 ,i now come to the question of malaria culture4 ,from where did ,professor ,schilling receive his malaria cultures8 ,a4 ,i cannot say exactly4 ,i know that he received malaria cultures from ,essen and from ,berlin4 ,but this was in ,february #aidb1 when ,i had not yet arrived at the ward4 ,i remember we had #ab different malaria cultures4 ,i know that ,professor ,schilling used one1 and another man used one--,i think his name was ,flugg--in order to give one such culture the name of 8,flugg40 ,,extracts ,,from ,,the ,,testimony ,,of ,,defendant ,,rose#ch ,,cross-,,examination 99 99 99 99 99 ,,mr4 ,,mchaney3 ,let's go back to the malaria experiments4 ,what contact did you have with ,schilling in #aida8 ,,defendant ,,rose3 ,during my direct examination ,i testified that in #aida ,i saw reports about ,schilling's malaria work in ,italy on behalf of the ,italian ,government and with the support of the ,reich ,ministry of the ,interior2 then1 either at the end of #aida or the beginning of #aidb1 ,i gave an opinion1 a written opinion1 on an application which ,professor ,schilling had sent to ,state ,secretary ,conti1 or rather to the ,reich ,ministry of the ,interior4 ,then ,i saw ,professor ,schilling personally in #aida4 ,i am not certain whether he was in ,germany again at that time1 but ,i can't deny it with certainty under oath1 because after all that was #f years ago4 ,q4 ,did you supply him with any material while he was working in ,italy8 ,a4 ,no1 nothing4 ,q4 ,who was ,fraeulein von ,falkenberg8 ,a4 ,you mean ,fraeulein von ,falkenhayn8 ,q4 ,no1 ,i mean ,fraeulein von ,falkenberg4 ,a4 ,i don't know any ,fraeulein von ,falkenberg4 ,q4 ,you are sure you didn't supply ,schilling with any material in #aida8 ,a4 ,i cannot remember it4 ,it might have been done by my department without my knowledge4 ,then1 of course1 ,i would take the responsibility for it1 but ,i did not learn of it until now4 ,my assistants did not tell me anything about it1 if it happened4 ,if you can prove it happened1 ,i shall1 of course1 assume responsibility for it1 even if it was done without my knowledge4 ,q4 ,well1 it is not terribly important1 but let us let you have a look at ,document ,,no-#agef4 ,in the meantime1 when did this incident occur about your giving material to ,schilling1 after he had set up his institute at ,dachau8 ,a4 ,i beg your pardon1 ,i didn't understand your question4 ,q4 ,when did you give ,schilling material1 after he had gone to ,dachau8 ,a4 ,i cannot give any information about that myself4 ,i have to depend on the testimony of my assistant1 von ,falkenhayn1 and my secretary1 ,block4 ,my secretary1 ,block1 testified here that it was the end of #aida1 but ,i would assume that she is mistaken about that1 since ,fraeulein von ,falkenhayn testified that this material was given in the year #aidb4 ,i think the latter is more likely4 ,q4 ,document ,,no-#agef will be marked as ,prosecution ,exhibit #dhf for identification4 ,q4 ,isn't there a ,fraeulein von ,falkenberg mentioned in this letter of yours to ,schilling1 dated #c ,february #aida8 ,a4 ,no4 ,in the ,german copy of the document which you showed to me1 it says ,fraeulein von ,falkenhayn4 ,q4 ,that is a mistake then in the ,english translation4 ,a4 ,fraeulein von ,falkenhayn was an assistant in my department4 ,she had formerly worked for ,professor ,schilling4 ,there is an affidavit from her4 ,since ,i have this letter ,i can give you some information about the matter4 ,professor ,schilling wanted to have a serological reaction in malaria1 the so-called ,henry reaction2 that is a reaction which is carried out for the purpose of malaria diagnosis4 ,as in the antigen reaction1 in this reaction also the spleen of dead persons is used4 ,professor ,schilling apparently wrote to me to find out whether ,i1 as head of the tropical medical department1 was in a position to obtain a spleen from a corpse where the patient had died of malaria4 ,i answered saying that such material would hardly be available in ,berlin4 ,malaria was very rare in ,berlin and consequently deaths from malaria were also very rare4 ,the only cases of this type occurred in insane asylums1 in the treatment of paralytics4 ,it is well known that the first work of ,wagner-,jauregg shows that in the course of malaria treatment paralysis deaths occur1 just as death occurs following operations1 and such malaria deaths1 of course1 occurred in ,berlin insane asylums4 ,as far as ,i can remember the matter1 my assistants contacted various pathological institutes in ,berlin and asked that if such an autopsy should occur there1 the spleen should be preserved so that it could be sent to ,professor ,schilling4 ,this was what this letter was about4 ,q4 ,did you ever supply any to him8 ,a4 ,as far as ,i can recall1 in the course of several months1 one or two such cases occurred and the material was sent to ,schilling1 but ,i cannot say for certain today4 ,q4 ,well1 you are now qualifying at least the answer you gave to my earlier question as to whether you gave him any material in #aida2 isn't that right8 ,a4 ,i beg your pardon4 ,i didn't understand the question4 ,q4 ,i say you now wish to qualify the answer you gave me a few moments ago1 before you saw the letter1 to the effect that you had not given him any material in #aida4 ,you now1 after having seen the letter1 state you did in fact give him some4 ,a4 ,yes4 ,i am sorry4 ,my attention was entirely devoted to the question of the malaria parasite strains and mosquitoes4 ,i did not think of negotiations between ,schilling and the pathological institute in ,berlin4 ,q4 ,let's go back to what we were discussing4 ,you stated that although ,frau ,block said that the malaria eggs were supplied to ,schilling in the latter part of #aida1 you think probably it was #aidb8 ,a4 ,yes4 ,that is what ,i said4 ,perhaps ,i may correct myself4 ,when you speak of malaria eggs you mean anopheles eggs probably4 ,there are no malaria eggs4 ,q4 ,yes1 that is right4 ,a4 ,i am inclined to agree that von ,falkenhayn and ,block think differently4 ,i think that von ,falkenhayn was right and that it was in #aidb4 ,q4 ,did you know anything about this before it was sent8 ,a4 ,i cannot remember it4 ,i don't believe so4 ,as far as ,i remember ,i was informed of it by ,fraeulein von ,falkenhayn1 after ,i had been given a letter from ,professor ,schilling that the mosquitoes were thriving in ,dachau4 ,q4 ,did you thereafter issue orders that no more material was to be sent to ,schilling2 is that right8 ,a4 ,i did not issue a precise order4 ,i said that since we ourselves were using so many mosquitoes ,i didn't want any more material to be sent to ,mr4 ,schilling because ,i was not convinced of the scientific value of his work4 ,but ,fraeulein von ,falkenhayn in her testimony says that there was further correspondence with ,fraeulein ,lange4 ,i have not been able to find this correspondence and ,i can't clear up the question completely4 ,i have to rely fully on my assistant in this respect and ,i can't answer from my own knowledge4 ,in our first conversation on the subject when ,i told you that ,schilling got anopheles eggs from us1 which you didn't know at the time1 ,i did not tell you that he got a malaria strain from my department4 ,i didn't know that at the time4 ,i learned it only a short time ago from ,fraeulein von ,falkenhayn4 ,that was not in the affidavit4 ,apparently she was afraid of some objections and sent a letter to that effect to my lawyer4 ,i am not so timid4 ,i am not afraid to tell you about it4 ,q4 ,in other words you did supply a ,rose strain to ,schilling8 ,a4 ,no4 ,as ,i said on direct examination1 the ,rose strain could not come from my department because we didn't have any strain with the name ,rose4 ,where this strain with the name ,rose comes from is a puzzle to me4 ,i don't know of any ,rose strain in malaria literature4 ,but ,i don't think there is any point in quarreling about this name4 ,the information given by ,fraeulein von ,falkenhayn1 which ,i believe fully1 that a malaria strain was sent--that is quite sufficient--no matter whether it is called ,rose or some other name4 ,q4 ,your witness1 ,frau ,block1 testified you had no correspondence with ,schilling in #aidb and #aidc1 as ,i recall4 ,is that right8 ,a4 ,that is what ,frau ,block said4 ,i myself would not have been so definite in my testimony if you asked me the same question4 ,i would say ,i can't answer that question definitely4 ,i only know one thing1 that ,i never corresponded with ,professor ,schilling on the subject of his work4 ,whether ,schilling and ,i ever exchanged letters in those years ,i don't know1 since ,i don't have my files4 ,concerning any information about such infrequent correspondence and whether he wrote a certain letter #e or #f years ago1 he says1 8,i would like to look that up in my files40 ,unfortunately ,i cannot do so but perhaps you would be kind enough1 if you have copies of such a letter1 to make it available to me4 ,you have my files and they are much more easily available to you than to me4 ,for example1 ,i am trying to find my malaria opinion from the year #aida4 ,that was in the same filing cabinet from which you got the record of the typhus meeting on #bi ,december #aida in the ,ministry of the ,interior4 ,q4 ,you overestimate the prosecution1 ,herr ,professor1 but we needn't dwell on that4 ,now1 is your memory good enough to tell us how long you continued to furnish ,schilling with material for his ,dachau experiments8 ,you say that somewhere along in #aidb you told them not to send any more4 ,are you clear about it8 ,a4 ,yes1 ,i think ,i can remember reliably4 ,q4 ,well1 when did this malaria strain go down8 99 99 99 99 99 ,a4 ,i don't know4 ,fraeulein von ,falkenhayn merely told me that the malaria strain was given to ,schilling4 ,i don't know when4 ,she didn't mention that in her letter to ,dr4 ,fritz4 ,q4 ,let's look at ,document ,,no-#ageb4 ,this will be marked as ,prosecution ,exhibit #dhg for identification4 ,suppose you read the letter aloud1 ,professor8 ,a4 8,prof4 ,claus ,schilling 8,dachau1 #d ,april #aidb 8#c ,k1 ,hospital for ,inmates 8,to ,prof4 ,dr4 ,rose 8,berlin1 ,fohrerstrasse #b 8,robert ,koch ,institute 8,dear ,colleague3 8,i inoculated a person intracutaneously with sporocoides from the salivary glands of a female anopheles you sent me4 ,for the second inoculation ,i do not have the sporocoides material because ,i do not possess the ,strain ,rose in the anopheles yet4 ,if you could find it possible to send me a few anopheles infected with ,strain ,rose during the next few days 7in the last consignment #b out of #aj mosquitoes were infected71 ,i would be able to continue this experiment and ,i would naturally be very grateful to you for this new support of my work4 8,the mosquito breeding and the experiments are proceeding satisfactorily2 ,i am working now on six tertiary strains4 ,i remain with hearty greetings and 8,heil ,hitler6 8,yours truly 8,signed ,,claus ,,schilling0 ,q4 ,schilling apparently thought there was a 8,strain ,rose40 ,a4 ,yes4 ,that is indicated by the letter4 ,that clears up the matter4 ,he must have renamed this strain which came from my department and called it ,rose4 ,that is very unusual4 ,normally a malariologist would not do that4 ,q4 ,are those your initials on the bottom of this letter1 8,l4 g4 ,,ro #ag_/d08 ,a4 ,yes1 that indicates that #ac days after the letter was mailed1 #ab days after it arrived at the ,robert ,koch ,institute1 ,i saw it4 ,there is also the file note 8,settled ,,evf40 ,that is ,erna von ,falkenhayn on #ag ,april #aidb4 ,i find that in spite of my instructions to the department1 ,fraeulein von ,falkenhayn still sent mosquitoes to her old chief although she denies it now2 but ,i should like to emphasize that1 of course1 ,i am responsible for what ,fraeulein von ,falkenhayn did even if she did not tell me about it4 ,q4 ,well1 you saw the letter of #ag ,april #aidb4 ,did you reaffirm your instructions that no more material was to be sent to ,schilling8 ,a4 ,i cannot tell you now4 ,that is quite possible4 ,it is not even certain that ,i was in the ,robert ,koch ,institute when ,i saw the letter4 ,it is much more likely that ,frau ,block brought this letter to my home where such things were generally settled4 ,and1 from the fact that it had been dealt with #aj days before1 you can see that such letters were opened by my secretary4 ,q4 ,i thought we would be a bit generous with ,frau ,block and assume she hadn't seen the letter since she was so firm in the testimony that you hadn't corresponded with ,schilling during these years4 ,did you ever send ,schilling any atroparvus eggs8 ,a4 ,yes4 ,those are a type of anopheles eggs which he got from us4 ,as a type of anopheles ,i had anopheles eggs maculipenis atroparvus in my laboratory4 ,q4 ,suppose ,i put ,document ,,no-#agec to you4 ,this will be marked as ,prosecution ,exhibit #dhh for identification4 ,this is another letter from ,schilling4 ,this one is dated a year later--#e ,july #aidc1 acknowledging1 8with appreciation the receipt of your letter of #cj ,june and the consignment of atroparvus eggs40 ,i would also like to direct your attention1 ,professor1 to the last paragraph of the letter where it says3 8,please give ,fraeulein ,lange1 who apparently takes care of her breed with greater skill and better success than the prisoner ,august1 my best thanks for her troubles40 ,do you remember the ,christian name of the witness ,vieweg8 ,a4 ,no1 ,i am sorry ,i do not remember the name of this man4 ,q4 ,if you search the record ,i think you will find his forename was ,august4 ,now1 ,doctor1 apparently they completely ignored your orders of the year previous not to send any more material to ,schilling4 ,apparently you had a change of heart yourself4 ,isn't that right8 ,a4 ,i have already stated expressly that my orders not to send any more material to ,schilling meant that we did not have too much material ourselves4 ,it did not mean that ,i had any misgivings about the way in which ,schilling was carrying out his work4 ,it is quite possible that when we again had plenty of mosquito eggs we gave some to ,schilling again4 ,i am in a very difficult position4 ,it is difficult for me to testify anything from memory4 ,you see here again that this matter was apparently dealt with by ,fraeulein ,lange and ,schilling himself wrote to me again4 ,q4 ,well1 ,i didn't read it that way1 ,professor4 ,the first line acknowledges your letter of ,june #cjth4 ,a4 ,well1 then it's possible that ,i wrote to ,schilling4 ,q4 ,frau ,block suffered from bad memory about your correspondence with ,schilling in #aidc as well as #aidb1 didn't she8 ,a4 ,yes1 ,i am rather astonished because one would assume that a secretary remembers such things better1 but it is1 of course1 possible to make mistakes if one doesn't have access to the files4 ,i have told you that ,i cannot testify with any certainty to the details of such correspondence because ,i had too much correspondence4 ,q4 ,well1 isn't it possible you supplied material to him in #aidd8 ,a4 ,i consider that quite impossible4 ,we have the testimony of ,fraeulein von ,falkenhayn that the department for fever therapy never gave them any material and1 at that time1 ,i no longer had an office in ,berlin4 ,however1 ,i must again rely on ,fraeulein von ,falkenhayn's testimony4 ,i myself was at ,pfaffenrode once a month at the most1 and ,i called up once or twice over long distance4 ,q4 ,i put in ,document ,,no-#agee4 ,this will be marked 8,prosecution ,exhibit #dhi0 for identification4 ,this is a reply from you to ,schilling1 dated #bg ,july #aidc4 ,this letter speaks about shipping eggs to ,schilling1 doesn't it8 ,a4 ,yes1 apparently4 ,there must have been plenty of mosquito eggs1 so that we could give up some of them4 ,q4 ,there wasn't as big a shortage as you thought2 is that right8 ,,dr4 ,,fritz3 ,mr4 ,president1 ,i ask that the photostat be shown to the defendant ,rose4 ,it is not impossible that it was written by an assistant and initialed 8,r40 ,i know the signature of ,professor ,rose1 and ,i think the 8,r0 looks a little different4 ,perhaps he might be shown the photostat4 ,,presiding ,,judge ,,beals3 ,let the photostat be shown to the witness4 ,,defendant ,,rose3 ,i must say ,i do not understand this signature at all4 ,when ,i signed a letter ,i signed my name1 but ,i don't think it's very important4 99 99 99 99 99 ----- #cd ,all 8,r0 references in ,document ,,no-#hef are to pages of the ,record of the case of the ,united ,states vs4 ,weiss1 ,ruppert1 et al4 #ce 8,pros4 ,ex40 references in this document are to prosecution exhibits in the case of the ,united ,states vs4 ,weiss1 ,ruppert1 et al4 #cf 8,def4 ,ex40 references in this document are to defense exhibits in the case of the ,united ,states vs4 ,weiss1 ,ruppert1 et al4 #cg ,complete testimony is recorded in mimeographed transcript1 #ac and #af ,december #aidf1 pp4 #dah-dfh4 #ch ,complete testimony is recorded in mimeographed transcript1 #bd1 #be ,april #aidg1 pp4 #fdaj-fdhd4 #d4 ,,lost 7,,mustard7 ,,gas ,,experiments a4 ,introduction ,the defendants ,karl ,brandt1 ,handloser1 ,rostock1 ,gebhardt1 ,blome1 ,rudolf ,brandt1 and ,sievers were charged with special responsibility for and participation in criminal conduct involving mustard gas experiment 7indictment1 par4 #f 7,d774 ,on this charge the defendants ,karl ,brandt1 ,rudolf ,brandt1 and ,sievers were convicted and the defendants ,handloser1 ,rostock1 ,gebhardt1 and ,blome were acquitted4 ,the prosecution's summation of the evidence on the ,lost 7mustard7 gas experiments is contained in its final briefs against the defendants ,karl ,brandt and ,sievers4 ,extracts from these briefs are set forth below on pages #cae to #cbd4 ,a corresponding summation of the evidence by the defense on these experiments has been selected from the closing briefs for the defendants ,karl ,brandt and ,sievers4 ,it appears below on pages #cbd to #ccd4 ,this argumentation is followed by selection from the evidence on pages #ccf to #ced4 b4 ,selections from the ,argumentation of the ,prosecution ,,extract ,,from ,,the ,,closing ,,brief ,,against ,,defendant ,,karl ,,brandt 99 99 99 99 99 ,gas ,experiments ,the treatment of wounds caused by chemical warfare agents was of considerable interest to military medical circles of ,germany4 ,on #a ,march #aidd1 the ,fuehrer gave ,karl ,brandt broad powers in the field of chemical warfare4 7,,no-#jab1 ,pros4 ,ex4 #bgj47 ,the decree itself is not available1 but there is no dispute that ,brandt's jurisdiction extended to pharmaceutical products to treat gas wounds4 ,so much he admits4 7,tr4 p4 #bfbi47 ,this necessarily involved a determination of the most effective method of treatment4 ,that the decree included medical research on gas wounds can also be concluded from the fact that copies of the decree which ,brandt sent to ,himmler 7,,no-#jab1 ,pros4 ,ex4 #bgj7 were forwarded to ,grawitz and ,sievers who had previously worked on this problem4 7,,no-#jac;a1 ,pros4 ,ex4 #bga2 ,,no-#jac;b ,pros4 ,ex4 #bgb47 ,in any event1 on #ca ,march #aidd1 ,sievers reported to ,brandt about the research activities of ,hirt4 7,,no-#jae1 ,pros4 ,ex4 #bge47 ,hirt had been experimenting on inmates of the ,natzweiler concentration camp since ,november #aidb4 7,,no-#jih1 ,pros4 ,ex4 #bfc47 ,for a detailed description of ,hirt's experiments1 see the brief against ,sievers 7p4 #cah ff74 ,brandt admitted that ,sievers gave him the written report by ,hirt1 which was introduced as ,prosecution ,exhibit #bfh 7,,no-#jii7 and that this report shows on its face that experiments on human beings were performed by him4 7,tr4 p4 #bfbf47 ,it is significant to note that the report speaks of heavy1 medium1 and light wounds caused by ,lost4 ,moreover1 ,brandt admitted he talked to ,hirt in ,strasbourg in ,april after the meeting with ,sievers4 7,tr4 p4 #bfaj47 ,approximately #bbj inmates of ,russian1 ,polish1 ,czech1 and ,german nationality were experimented on with gas1 of whom about #ej died4 ,they did not volunteer4 7,tr4 pp4 #ajeb1 #ajeg47 ,hirt continued his gas experiments at ,natzweiler during the summer of #aidd4 7,tr4 p4 #ajeh47 ,his gas research was classified 8urgent0 by ,rostock in ,august #aidd4 7,,no-#fib1 ,pros4 ,ex4 #deg47 ,in addition to his participation in the gas experiments of ,hirt1 ,karl ,brandt personally furthered the criminal experimentation of ,otto ,bickenbach4 ,brandt testified that the gas experiments of ,bickenbach came to his attention in the fall of #aidc on the occasion of a visit to ,strasbourg to see a cyclotron2 that later he helped him to arrange a laboratory2 that he assisted him in obtaining experimental animals2 that ,bickenbach did not conduct experiments on human beings2 that he helped him in #aidd after he had established this laboratory4 7,tr4 pp4 #bfai1 #bfbj47 ,the ,sievers' diary for #aidd contains the following entry under #b ,february3 8,met ,professor ,bickenbach in ,karlsruhe and he advises that he has put his research work under the control of ,general ,commissioner ,professor ,dr4 ,brandt4 8,discussion with ,,ss ,hauptsturmfuehrer ,hirt3 #a4 ,professor ,dr4 ,bickenbach1 without instructions from ,hirt and ,professor ,stein1 contacted ,general ,commissioner ,professor ,dr4 ,brandt concerning the phosgene experiments that were and was in ,natzweiler with him4 ,commission is to be withdrawn2 for our part ,natzweiler is to be closed40 7#cedf-,,ps1 ,pros4 ,ex4 #abc47 ,phosgene is a chemical warfare agent4 7,tr4 p4 #bfcj47 ,brandt admits he was in ,natzweiler1 but insists that only animal experiments were conducted4 ,this is in direct contradiction to statements contained in an official war crimes report of the ,government of the ,netherlands4 7,,no-#ajfc1 ,pros4 ,ex4 #cbh47 ,josef ,kramer1 former camp commander at ,natzweiler1 also stated that ,bickenbach experimented on prisoners4 7,,no-#hjg1 ,pros4 ,ex4 #ahe47 ,brandt testified that he later assisted ,bickenbach in establishing a laboratory in ,fort ,franzeky1 which is near ,strasbourg1 and that he saw animal experiments there4 7,tr4 p4 #bfcj47 ,bickenbach was a professor at the ,university of ,strasbourg with ,hirt and ,haagen4 7,tr4 p4 #bfca47 ,the ,bickenbach reports sent to ,karl ,brandt not only prove that ,bickenbach and his collaborators ,helmut ,ruehl and ,fritz ,letz carried out phosgene experiments on #dj ,russian prisoners of war1 but that four of the subjects were killed as a result4 7,,no-#aheb1 ,pros4 ,ex4 #def47 ,this document completely destroys the credibility of the defendant ,brandt4 ,these reports on the phosgene experiments are designated top military secret and are numbered #b1 #c1 #d1 #e1 #f1 and #g4 ,they are all addressed to ,plenipotentiary ,general ,brandt4 ,these reports obviously cover the same series of experiments which culminated in experiments on #dj prisoners detailed in the #gth report4 ,they were found in the apartment of ,professor ,bickenbach by ,french authorities4 ,the purpose of these experiments was to determine the effectiveness of a drug called hexamethylentetramine against phosgene poisoning4 ,certain preliminary studies are detailed in the #dth report1 dated #aa ,august #aidd1 and mention is made of tests carried out on a 8nervous ,russian prisoner of war1 who could not be calmed down because of language difficulties 99 99 9904 ,the #gth report1 which is undated1 concerns experiments carried out shortly after #aa ,august #aidd 7the date of the #dth report7 as ,strasbourg was overrun by the ,allies a few months later4 ,these experiments were performed on 8#dj prisoners on the prophylactic effect of hexamethylentetramine in cases of phosgene poisoning4 ,twelve of those were protected orally1 twenty intravenously and eight were used as controls40 ,on the basis of the #dth report1 it can only be concluded that the #dj prisoners referred to were ,russian prisoners of war4 ,the experimental subjects are further described as being 8persons of middle age1 almost all in a weak and underfed condition4 ,on principle1 the healthier ones were used as controls1 only control number #ci 7,j4 ,rei7 and the orally protected experimental subject ,no4 #cg 7,a4 ,rei7 had a localized cirrhotic productive tuberculosis of the lungs4 ,with the others1 no pulmonary disease could be found40 7#aheb-,,ps1 ,pros4 ,ex4 #def47 ,the experimental persons were subjected to phosgene poisoning with resulting death to no less than four subjects4 7,tr4 p4 #cdjd47 ,other subjects suffered severe lung oedema4 ,defense counsel for ,karl ,brandt urged the possibility that this report was not received by him4 ,assuming arguendo that the report was not mailed to ,brandt1 and1 if received1 not read1 the fact remains that the experiments were performed by ,bickenbach and his collaborators1 whose work was directly controlled by ,brandt4 7,supra47 ,were there no other evidence on this point1 the circumstances of the report having been addressed to ,karl ,brandt are sufficient proof of his responsibility4 ,moreover1 the research of both ,bickenbach and ,hirt was classified urgent by ,brandt's ,office for ,science and ,research under ,rostock4 7,,no-#fib1 ,pros4 ,ex4 #deg47 ,the continued interest of ,brandt in research on chemical warfare agents and his knowledge of experiments on concentration camp inmates are shown by the report dated #ca ,march #aide concerning experiments at the ,neuengamme concentration camp4 7,,no-#aed1 ,pros4 ,ex4 #ddf47 ,water decontamination experiments were carried out there on inmates4 ,the report states that the 8third series of experiments was carried out with an agent of the ,lost group1 the asphyxiating gas ,lost2 in accordance with the suggestion made by ,oberstarzt ,dr4 ,wirth at the conference on #d ,december #aidd with ,reich ,commissioner ,brandt40 ,,extract ,,from ,,the ,,closing ,,brief ,,against ,,defendant ,,sievers 99 99 99 99 99 ,lost 7,mustard7 ,gas ,experiments ,from the winter of #aidb until the summer of #aidd1 experiments to determine the most effective treatment for wounds caused by ,lost 7mustard7 gas were conducted in the ,natzweiler concentration camp under the supervision of ,professor ,hirt of the ,reich ,university of ,strasbourg4 ,the experiments were ordered by ,himmler and the ,luftwaffe1 and sponsored by the ,reich ,research ,council4 ,the ,ahnenerbe ,society and the defendant ,sievers supported this research on behalf of the ,,ss4 7#dib-,,ps1 ,pros4 ,ex4 #bfg47 ,the arrangement for the payment of the research subsidies of the ,ahnenerbe was made by ,sievers4 7,,no-#chai1 ,pros4 ,ex4 #eej47 ,the defendant ,sievers participated in these experiments by actively collaborating with the defendants ,karl ,brandt and ,rudolf ,brandt1 and with ,hirt and his principal assistant1 ,dr4 ,wimmer4 ,the record shows that ,sievers was in correspondence with ,hirt at least as early as #aidb1 and that he established contact between ,himmler and ,hirt4 7,,no-#gia1 ,pros4 ,ex4 #bef2 ,,no-#gib1 ,pros4 ,ex4 #beg47 ,on #i ,april #aidb ,sievers wrote to ,hirt that ,himmler wanted detailed information from ,hirt on his ,lost experiments4 ,sievers went on to say3 8,we are sure to be in a position to put at your disposal for the furtherance of these experiments unique facilities in connection with special secret experiments which we are at present conducting at ,dachau4 ,could you not some day write a brief secret report for the ,reich ,leader ,,ss on your ,lost experiments8 8,but you should by no means go to ,berlin for the time being1 especially since the ,reich ,leader ,,ss is staying permanently at the ,fuehrer's ,headquarters4 ,i1 therefore1 intend to pay you a visit at ,strasbourg as soon as possible4 ,but perhaps it would be easier for you to come to ,munich1 where ,i would have the opportunity of introducing you to the ,chief of our ,institute for ,entomology and would be able to give you an insight into our secret experiments at ,dachau40 7,,no-#gic1 ,pros4 ,ex4 #beh47 ,the wording of the letter makes it apparent that it was ,sievers himself who brought ,hirt's research activities concerning ,lost gas to ,himmler's attention4 ,this is also proved by the fact that on #i ,february #aidb1 he had already submitted to the defendant ,rudolf ,brandt1 ,hirt's report concerning the creation of a skeleton collection and research in the field of intravital microscopy4 ,the latter experimentation involved the effect of ,lost on the living tissue4 7,,no-#jhe1 ,pros4 ,ex4 #age47 ,brandt informed ,himmler about ,hirt's report on #bg ,february1 and directed ,sievers to report again on ,hirt's work4 7,,no-#jij1 ,pros4 ,ex4 #agf47 ,it was thus ,sievers' report on ,hirt's research activities which prompted ,himmler to take an interest in ,hirt's ,lost experiments4 ,on #bg ,june #aidb ,sievers forwarded to the defendant ,rudolf ,brandt the information of ,hirt concerning the use of mustard gas on combatting rats4 ,in this letter he mentioned that he would have another conference with ,hirt on this subject4 ,according to ,sievers1 ,hirt had voiced his expert opinion that ,lost even 8in a dilution of #a-ajj is dangerous for man if it contacts the body in an adequate amount40 7,,no-#gid1 ,pros4 ,ex4 #bei47 ,it was ,sievers who forwarded on #b ,june #aidb ,hirt's report on his experiments in treating gas wounds by vitamins4 ,in his covering letter to this report1 ,sievers informed the defendant ,rudolf ,brandt that he was to meet ,hirt 8in order to discuss with him a more intensive application1 continuation1 and promotion of his research work04 ,in the report itself1 ,hirt stated that he had not been able to conduct experiments with ,lost gas on human beings because of the offensive against ,france1 but suggested such experiments particularly in order to determine the protective effect of vitamin treatment4 7,,no-#jig1 ,pros4 ,ex4 #bfj47 ,in a memorandum of #bf ,june #aidb concerning support by the ,ahnenerbe of the research work of ,hirt on mustard gas1 ,sievers proposed that an ,institute for ,military ,scientific ,research be established within the ,ahnenerbe to bring together ,hirt's and similar research and thus facilitate the organizational and technical execution of the experiments4 ,he proposed appointing ,hirt as an active member of the new institute as chief of ,department ,h 7,hirt74 ,he also stated that ,rascher1 who was then performing high-altitude experiments in collaboration with ,ruff and ,romberg1 should be appointed as chief of ,department ,r 7,rascher74 ,he stated that the necessary supplies for the new institute would be easier to explain and more reasonable than if applied for under the name of ,ahnenerbe alone4 7,,no-#bbaj1 ,pros4 ,ex4 #dhc47 ,as a result of this suggestion by the defendant ,sievers1 ,himmler directed the establishment of the ,institute for ,military ,scientific ,research within the ,ahnenerbe in ,july #aidb4 ,in his letter to ,sievers1 ,himmler requested that the new institute 8support in every possible way the research carried out by ,,ss ,hauptsturmfuehrer ,professor ,dr4 ,hirt and promote all corresponding research and undertakings2 to make available the required apparatus1 equipment1 accessories and assistants1 or to procure them 99 99 9940 7,,no-#dbb1 ,pros4 ,ex4 #cc47 ,sievers proceeded to make all the necessary arrangements for carrying out the ,lost gas experiments in the ,natzweiler concentration camp4 ,on #bg ,august #aidb in a letter to ,gluecks of the ,,wvha1 he stated that in connection with a visit to ,hirt in ,strasbourg he would like to take ,hirt with him to ,natzweiler on #ca ,august #aidb and he asked ,gluecks to make the necessary arrangements with the commander of the camp4 7,,no-#ice1 ,pros4 ,ex4 #dha47 ,in a file note dated #ag ,september #aidb ,sievers stated that the conference mentioned in his letter to ,gluecks had been held in ,natzweiler on #ca ,august #aidb1 and that the working conditions there for the proposed experiments were favorable4 ,professor ,hirt1 ,stabsarzt ,dr4 ,wimmer1 and ,dr4 ,kieselbach would require automobile transport for part of the trip from ,strasbourg to ,natzweiler in order to perform their work there1 and accordingly #bj liters of gasoline would have to be made available to the camp authorities each month4 7,,no-#igg1 ,pros4 ,ex4 #dhb47 ,in a letter of #aa ,september #aidb to ,gluecks1 ,sievers stated that the necessary conditions existed in ,natzweiler 8for carrying out our military scientific research work 99 99 9904 ,he requested that ,gluecks issue the necessary authorization for ,hirt1 ,wimmer1 and ,kieselbach to enter ,natzweiler1 and that provision be made for their accommodation and board4 ,he also stated that3 8,the experiments which are to be performed on prisoners are to be carried out in four rooms of an already existing medical barrack4 ,only slight changes in the construction of the building are required1 in particular the installation of the hood which can be produced with very little material4 ,in accordance with attached plan of the construction management at ,natzweiler1 ,i request that necessary orders be issued to same to carry out the reconstruction4 ,all the expenses arising out of our activity at ,natzweiler will be covered by this office 99 99 9940 7,,no-#igh1 ,pros4 ,ex4 #dhj47 ,in a memorandum on #c ,november #aidb to the defendant ,rudolf ,brandt1 ,sievers complained about certain difficulties which had arisen in ,natzweiler because of the lack of cooperation from the camp officials4 ,sievers was particularly outraged by the fact that the camp officials were asking that the experimental prisoners be paid for4 ,he said that3 8,when ,i think of our military research work conducted at the concentration camp ,dachau1 ,i must praise and call special attention to the generous and understanding way in which our work was furthered there and to the cooperation we were given4 ,payment of for prisoners was never discussed4 ,it seems as if at ,natzweiler they are trying to make as much money as possible out of this matter4 ,we are not conducting these experiments1 as a matter of fact1 for the sake of some fixed scientific idea1 but to be of practical help to the armed forces and beyond that to the ,german people in a possible emergency40 7,,no-#jih1 ,pros4 ,ex4 #bfc47 ,brandt was requested to give his help in a comradely fashion in setting up the necessary conditions at ,natzweiler4 ,the defendant ,rudolf ,brandt replied to this memorandum on #c ,december #aidb1 and told ,sievers that he had had occasion to speak to ,pohl concerning these difficulties1 and that he had reported that they would be remedied4 7,,no-#jib1 ,pros4 ,ex #ahj47 ,the witness ,holl gave in his testimony an accurate and detailed description of the manner in which the ,lost gas experiments were carried out4 ,the execution of the experiments was supervised by ,hirt in the experimental station ,ahnenerbe in the ,natzweiler concentration camp4 ,in the middle of ,october #aidb the preparation for these experiments was finished and the actual experimentation began sometime in ,october or ,november1 after the experimental subjects were given the same food as the ,,ss guards for approximately #ad days4 ,the first series of experiments was carried out by ,hirt on #cj experimental subjects with a liquid gas substance4 7,tr4 p4 #ajea47 ,in spite of the fact that ,hirt1 before selecting these experimental subjects1 had promised them that he would intervene with ,himmler in order that they should be released as a reward if they would volunteer for the experiments1 none of the experimental subjects of all the experiments carried out by ,hirt volunteered4 ,political prisoners1 ,russians1 ,poles1 ,czechs1 and also some ,german nationals were among the experimental subjects used4 7,tr4 p4 #ajeb47 ,the first series of experiments was carried out by ,hirt and an officer of the ,luftwaffe in the following manner3 ,one drop of the liquid was applied to the lower arm of the experimental subject4 ,approximately #aj hours later burns began to appear and spread over the whole body in every place where drops of the fluid contacted the skin4 ,some of the experimental subjects became partially blind4 ,the victims of these experiments suffered terrible pain4 ,photographic pictures of the burns were taken daily4 ,after the fifth or sixth day of the experiment1 the first fatality occurred4 ,the corpse of the victim was dissected and the autopsy showed that the greater parts of the lungs and other organs had been destroyed4 ,on the following day1 that is1 on the seventh day of the experiment1 another seven of the experimental subjects died4 ,the remaining #bb were sent to another concentration camp after approximately #b months when they had recovered sufficiently and became fit for transport4 7,tr4 pp4 #ajeb-c47 ,other experiments on concentration camp inmates of the ,natzweiler concentration camp were carried out in the gas chamber approximately #ejj meters distant from the camp4 ,the experimental subjects had to enter this gas chamber two by two4 ,they had to smash small ampules which contained the liquid4 ,this liquid evaporated and the experimental subject then had to inhale the resulting vapor4 ,usually the experimental subjects became unconscious and were returned to the ,ahnenerbe station for further observation of the results of the experiments4 7,tr4 pp4 #ajec-d47 ,these results were approximately the same as those observed in the first series4 ,the breathing organs of the experimental subjects were likewise destroyed4 ,their lungs had been eaten away by the gas4 ,about #aej concentration camp inmates were experimented upon in this manner4 7,tr4 pp4 #ajcd-e47 ,approximately the same percentage as in the first series died as a result of this type of experimentation4 7,tr4 p4 #ajef47 ,other ,lost gas experiments were carried out by means of injection4 ,these experiments were carried out in a special room adjoining the crematorium4 ,the victims of these experiments died without exception4 7,tr4 p4 #ajef47 ,another type of experiment was carried out on the experimental subjects1 who had to take the liquid orally4 ,as ,holl was transferred before ,christmas #aidc to an outside camp1 he was not able to give information on the results of this type of experiment4 7,tr4 p4 #ajef47 ,he1 however1 returned once a month to the ,natzweiler concentration camp and was therefore able to observe that the ,lost gas experiments continued until autumn #aidd1 when the ,natzweiler concentration camp was liberated by the ,allies4 7,tr4 pp4 #ajeg-h47 ,from ,holl's testimony it is proved that approximately #bbj inmates of ,russian1 ,polish1 ,czech1 and ,german nationalities were experimented upon with gas by ,hirt and his collaborators4 ,about #ej of them died4 ,none of the experimental subjects volunteered4 7,tr4 pp4 #ajeb1 #ajeg47 ,on #g ,april #aidc1 when the ,lost experiments were well under way 7supra71 ,himmler ordered an intensification of ,lost research4 ,at about this time the progress of ,hirt's ,lost research was threatened by the transfer of ,hirt's assistant1 ,wimmer1 a medical officer of the ,luftwaffe4 ,since personnel matters fell within the scope of ,sievers' duties1 he wrote to ,rudolf ,brandt protesting the proposed transfer of ,wimmer and stating that if ,wimmer left the ,institute for ,military ,scientific ,research1 the ,lost experiments would have to end4 ,sievers then outlined the proper procedure for securing the future services of ,wimmer at the ,ahnenerbe ,institute4 7,,no-#aic1 ,pros4 ,ex4 #bfd47 ,again1 on #c ,november #aidc1 ,sievers1 in order to further the ,lost experiments and assure their continuation1 made a certificate which enabled two of ,hirt's research assistants to obtain increased food rations4 ,sievers stated that the research activities in which these persons were engaged with ,department ,h 7,hirt71 ,strasbourg1 of the ,institute for ,military ,scientific ,research of the ,ahnenerbe involved health-damaging poisons which had caused injuries to their health4 7#dib-,,ps1 ,pros4 ,ex4 #bfg47 ,the evidence clearly indicated that during the entire period covered by the ,lost experiments1 ,hirt was associated with the ,ahnenerbe ,society4 ,in early #aidd ,hirt and ,wimmer summarized their findings from the ,lost experiments in a report entitled 8,proposed ,treatment of ,poisoning caused by ,lost04 ,the report was described as from the ,institute for ,military ,scientific ,research1 ,department ,h of the ,ahnenerbe1 located at the ,strasbourg ,anatomical ,institute4 ,light1 medium1 and heavy injuries due to ,lost gas are mentioned4 ,sievers received several copies of this report4 7,,no-#jii1 ,pros4 ,ex4 #bfh47 ,on #ca ,march #aidd1 after ,karl ,brandt had received a ,fuehrer ,decree giving him broad powers in the field of chemical warfare 7,,no-#jab1 ,pros4 ,ex4 #bgj71 ,sievers informed ,brandt about ,hirt's work and gave him a copy of the report4 ,this is proved by ,sievers' letter to ,rudolf ,brandt on #aa ,april #aidd4 7,,no-#jae1 ,pros4 ,ex4 #bge47 ,karl ,brandt admitted that the wording of the report made it clear that experiments had been conducted on human beings4 7,tr4 p4 #bfbf47 ,the proof has also shown that in ,october #aidc the defendant ,blome1 in his capacity as a ,plenipotentiary in the ,reich ,research ,council1 issued a research assignment for ,hirt in support of his gas experiments4 ,this is proved by the file index card on ,blome's research assignment in the ,reich ,research ,council1 where the assignment to ,hirt by ,blome is listed under ,,ss priority number #jcbi4 7,,no-#fij1 ,pros4 ,ex4 #abj47 ,sievers admitted that a ,reich research assignment to ,hirt 8on the behavior of ,lost gas in living organisms0 was made4 7,tr4 p4 #ehag47 ,he further admitted that at a conference in ,april #aidb1 ,himmler told him that ,hirt should make ,lost experiments on human beings other than volunteer military cadets4 7,tr4 p4 #efgi47 ,sievers testified that on #be ,january #aidc1 he went to ,natzweiler concentration camp and consulted with the camp authorities concerning the arrangements to be made for ,hirt's ,lost experiments4 ,these arrangements included the obtaining of laboratories and experimental subjects4 7,tr4 pp4 #ehdb-dc47 ,sievers testified that the ,lost experiments were harmful4 7,tr4 p4 #ehaj47 ,on the visit of #be ,january #aidc1 ,sievers saw ten persons who had been subjected to ,lost experiments and watched ,hirt change the bandages on one of the persons4 ,sievers said that the experimental subjects told him that they were volunteers and ,hirt confirmed this to ,sievers4 7,tr4 p4 #egcb47 ,the testimony of ,sievers was contradictory as to his knowledge that the ,lost experiments caused deaths4 ,sievers testified that in ,march #aidc he asked ,hirt whether any of the experimental subjects had suffered harm from the experiments and was told by ,hirt that two of the experimental subjects had died due to other causes4 7,tr4 p4 #egcc47 ,on the other hand1 ,sievers seemed to be referring to ,lost experiments when he stated that he knew of one condemned criminal who had died from the experiments4 7,tr4 p4 #ehaj47 ,as to the nationality of the experimental subjects1 ,sievers was of the opinion1 in view of their manner of speech1 that the test persons were ,germans4 7,tr4 p4 #ehab47 ,the proof1 however1 clearly shows that ,sievers already1 as early as ,january #aidb1 had knowledge that nonvolunteers were to be used for the ,lost experiments of ,hirt4 ,in his letter of #c ,january #aidb1 ,sievers requested ,hirt to submit comprehensive research reports to him in order that he might forward them to ,himmler4 ,sievers assured ,hirt that ,himmler would permit ,hirt to conduct experiments of any kind 8on prisoners and real criminals who would never be released anyhow and on persons scheduled for execution40 7,,no-#cfbi1 ,pros4 ,ex4 #edg47 ,sievers' diary entries indicate that his primary concern was making the necessary arrangements for the carrying out of the ,lost experiments4 ,on #be ,january #aidc ,sievers visited ,natzweiler and consulted with the camp administration2 on #bh ,january #aidc ,sievers consulted with ,pohl concerning the continuation of the ,lost experiments and undoubtedly arranged for the allocation of test persons1 although he testified that his conversation related to obtaining space for animals4 7,tr4 p4 #egcf47 ,on #bd and #be ,january ,sievers received reports from ,hirt on ,lost experiments and on #ag ,march #aidc ,sievers attended a conference at the ,institute for ,military ,scientific ,research where ,lost experiments were reported4 7,,no-#ech1 ,pros4 ,ex4 #abb47 c4 ,selections from the ,argumentation of the ,defense ,,extract ,,from ,,the ,,closing ,,brief ,,for ,,defendant ,,karl ,,brandt 99 99 99 99 99 ,i4 ,experiments performed4 ,counsel for the defense does not wish to make a statement in this connection4 ,,ii4 ,order to carry out the experiments4 ,the defendant ,karl ,brandt is not mentioned in connection with the order to carry out these experiments4 #a4 ,drug ,f #ajja4 ,,no-#aii1 ,prosecution ,exhibit #bec1 and ,,no-#aih1 ,prosecution ,exhibit #bed1 show that the order to carry out these experiments in the ,sachsenhausen concentration camp was given by ,himmler or ,reich ,physician ,,ss ,grawitz in #aici4 ,this is confirmed by the fact that the reports on the concluded experiments were submitted to ,grawitz or ,himmler4 #b4 8,lost0 experiments4 ,according to ,,no-#jih1 ,prosecution ,exhibit #bfc1 the order to ,hirt was given on #ac ,july #aidb as shown in the letter dated #c ,november #aidb1 which contains a research commission of the ,,ss ,institute for ,applied ,military ,scientific ,research of the ,ahnenerbe4 ,according to #dib-,,ps1 ,prosecution ,exhibit #bfg1 the order to carry out experiments was given by ,himmler or ,goering4 ,in accordance with ,sievers' testimony 7,tr4 pp4 #egcc-cd7 ,himmler1 on #h ,march #aidd1 ordered ,hirt to carry out human experiments despite the latter's arguments that only animal experiments could achieve further results4 ,the issuing of this order is supported by the fact that the reports were sent to ,reich ,physician ,,ss ,grawitz to be passed on to ,reich ,leader ,,ss ,himmler4 ,,no-#jhe1 ,prosecution ,exhibit #bfi1 contains a preliminary final report made by ,hirt of the year #aida2 ,,no-#jig1 ,prosecution ,exhibit #bfj1 ,hirt's final report of #b ,june #aidb to be submitted to the ,reich ,leader ,,ss2 also ,,no-#jii1 ,prosecution ,exhibit #bfh1 ,hirt's #aidd proposals for treatment4 ,this is also supported by the correspondence between ,sievers and ,hirt4 ,,no-#gic1 ,prosecution ,exhibit #beh1 reports on a conference with ,himmler4 #c4 ,n-substance4 ,the order to carry out the experiments was issued by ,reich ,physician ,,ss ,grawitz in connection with ,schwab and after ,gebhardt1 ,gluecks1 and ,panzinger had been heard4 ,reference is made to an instruction from ,hitler and an order from ,himmler of #ae ,may4 ,,iii4 ,reason for and aim of the experiments4 ,statement of the defendant ,karl ,brandt4 7,tr4 p4 #bchc47 #a4 8,lost0 and ,drug ,f #ajja4 ,research work on a healing drug for injuries1 not poisoning1 caused by 8,lost04 ,experiments of this kind have been carried out by all nations since ,world ,war ,i1 ,england being the leading nation in these experiments on human beings4 ,the general need for experiments on human beings1 and only those are relevant here1 has been recognized by all nations as a military necessity4 7,karl ,brandt #ajf1 ,karl ,brandt ,ex4 #di2 ,karl ,brandt #ajg1 ,karl ,brandt ,ex4 #ej47 ,the necessity to carry out experiments increased in ,germany1 particularly during ,world ,war ,,ii1 as all nations were eagerly engaged in the manufacture of 8,lost0 gas4 ,the need became imperative in #aidd when reliable sources reported that the enemy was getting chemical-warfare agents ready4 7,karl ,brandt #ajc1 ,karl ,brandt ,ex4 #db2 ,karl ,brandt #aja1 ,karl ,brandt ,ex4 #da2 ,karl ,brandt #aa1 ,karl ,brandt ,ex4 #aj2 ,karl ,brandt #ab1 ,karl ,brandt ,ex4 #aa47 #b4 ,n-substance4 ,reasons for and aim of the experiments are unknown4 ,n-substance is the name for 8normal0 substance4 ,it is not a chemical warfare agent but a fuel substance1 intended to be used for ignition4 ,this ,n-substance is not to be mistaken for ,n-8,lost01 that is1 nitrogen-,lost4 7,karl ,brandt #hh1 ,karl ,brandt ,ex4 #cf2 ,karl ,brandt #ajc1 ,karl ,brandt ,ex4 #db47 ,,iv4 ,participation in the performance of the experiments4 #a4 ,drug ,f #ajja4 ,the experiments were carried out exclusively at ,,ss offices on the orders of the ,reich ,leader ,,ss4 ,they were performed before the defendant ,karl ,brandt received his first official appointment4 #b4 8,lost04 ,the experiments were made by ,hirt and ,wimmer in the ,,ss ,institute for ,military ,scientific ,research in ,strasbourg4 ,according to ,sievers' testimony 7,tr4 p4 #eghh7 the defendant ,karl ,brandt did not have any influence on these institutions4 ,the 8,lost0 chemical warfare agent does not act like gas1 but in a dried form injures the skin4 ,ordinarily1 experiments are made by all nations by applying small drops of 8,lost0 to the skin4 ,they cause injuries to the tissue1 which are treated with healing drugs4 ,this procedure is demonstrated in ,holl's testimony4 7,tr4 p4 #ajeb47 #c4 ,n-substance4 ,sievers' testimony 7,tr4 p4 #egch7 shows that the experiments were not carried out due to a laboratory experiment of ,professor ,thyssen and an expert opinion sent to ,himmler4 ,v4 ,the experimental subjects4 ,a4 ,number of experimental subjects4 #a4 ,drug ,f #ajja4 ,no statement4 #b4 8,lost04 ,the statements made by the witness ,holl about the number of persons experimented upon must be treated with caution1 since they do not originate with ,holl1 but were stated by the prosecution and merely confirmed by ,holl4 ,the testimony of ,nales about experiments cannot refer to 8,lost04 #c4 ,n-substance4 ,since there were no experiments1 no statement is made4 ,b4 ,consent of the experimental subjects4 #a4 ,drug ,f #ajja4 ,no statement4 #b4 8,lost04 ,sievers' testimony 7,tr4 p4 #egcb7 shows that ,hirt said that the experimental subjects had volunteered1 following a lecture by ,hirt4 ,this testimony seems to be quite trustworthy1 as it was usual to make similar experiments on officer candidates of the ,academy of ,military ,medicine in ,berlin4 ,testimony of ,becker-,freyseng 7,tr4 p4 #hjgb7 as well as testimony of ,sievers 7,tr4 pp4 #egcj-ca72 also testimony of the witness ,nales 7,tr4 pp4 #ajdji-ajdga74 #c4 ,n-substance4 ,no experiments1 no statement4 ,c4 ,type of experimental subjects4 #a4 ,f #ajja4 ,the documents submitted do not reveal the nature of the experimental subjects1 though the year #aici indicates that in no case were foreigners used4 #b4 8,lost04 ,according to ,sievers' testimony1 the persons used in the experiments in the ,natzweiler concentration camp volunteered1 so that the nature of the experimental subjects would appear to be of no significance as a basis for judgment4 ,the testimony of the defendant ,rudolf ,brandt 7,,no-#cgb1 ,pros4 ,ex4 #beb7 is no basis to judge the true state of affairs1 as ,rudolf ,brandt's testimony 7,tr4 pp4 #dicj-cd7 shows that he himself never witnessed an experiment and that his statements are conclusions drawn from documents and statements submitted by the interrogators4 #c4 ,n-substance4 ,no experiments1 no statement4 ,d4 ,danger involved for the experimental subjects4 #a4 ,drug ,f #ajja and 8,lost04 ,the usual forms of the 8,lost0 experiments1 applying a drop to the skin1 as described by ,holl 7,tr4 p4 #ajeb7 do not entail any danger to life1 because the aim is to ascertain the most detailed reactions of the skin towards tiny drops of 8,lost04 ,experiments with deadly quantities would prevent this being ascertained4 ,the relevant statements of the witness ,holl must be due to ignorance of the manner of the experiment4 ,holl's statement 7,tr4 p4 #ajej ff47 and the affidavit of ,wagner 7,,no-#hha1 ,pros4 ,ex4 #bhj7 also1 to a certain degree1 contradict each other4 ,holl1 a miner by profession1 who was hospital ,kapo inmate trusty in ,natzweiler1 makes scientific statements with illustrations1 to which one can hardly attach any value4 ,the affidavit of ,wagner who1 as a scientific designer1 held1 during the experiments1 an elevated position within the inner working circle1 is far more reserved4 ,he knows nothing of deaths occurring during 8,lost0 experiments4 ,his conclusions as to how dangerous the 8,lost0 experiments were are based on a chart which was most likely intended for a committee4 ,sievers' statement 7,tr4 p4 #egcb7 reports a visit to ,wimmer at ,strasbourg during which the latter did not mention that there had been any deaths4 ,hirt also confirms this in ,march #aidc2 though he cites two deaths1 they had not resulted from 8,lost0 experiments4 ,the experiments with drug ,f #ajja1 too1 are 8,lost0 experiments4 ,the danger involved in the experiments has been described accurately4 ,there are no deaths and health is not impaired permanently4 ,in #bc cases general condition was not impaired4 7,,no-#aii1 ,pros4 ,ex4 #bec47 ,in contrast to this1 ,,no-#aih1 ,prosecution ,exhibit #bed1 mentions serious disturbances of the general condition in eight cases4 ,yet it must be assumed that these disturbances were of a temporary nature and occurred only when the climax of the injury was reached4 ,they did not last throughout the duration of the experiments4 #b4 ,n-substance4 ,the experiments were not carried out4 ,over and above that1 ,,no-#jje1 ,prosecution ,exhibit #bgi1 discloses that the experiments would1 most probably1 not result in any permanent bodily harm4 ,,vi4 ,special responsibility and participation of the defendant ,karl ,brandt4 #a4 ,the defendant ,karl ,brandt did not issue any order to carry out experiments4 ,karl ,brandt did not have authority to issue orders4 #b4 ,the decree of #a ,march #aidd concerning defense equipment in chemical warfare has been reconstructed by means of the following affidavits3 7,karl ,brandt #ajc1 ,karl ,brandt ,ex4 #db2 ,karl ,brandt #e1 ,karl ,brandt ,ex4 #f2 ,karl ,brandt #aa1 ,karl ,brandt ,ex4 #aj2 ,karl ,brandt #d1 ,karl ,brandt ,ex4 #e2 ,karl ,brandt #aja1 ,karl ,brandt ,ex4 #da2 ,karl ,brandt #hi1 ,karl ,brandt ,ex4 #cg74 ,they show that this decree does not refer to an authorization to give orders concerning chemical-warfare agents and their research1 but that it represents a production order referring to defense equipment in chemical warfare4 ,document ,,no-#jae1 ,prosecution ,exhibit #bge1 proves that ,hirt's experiments had been completed when the defendant ,karl ,brandt received1 through ,sievers1 ,hirt's treatment-instructions for injuries caused by 8,lost0 following the decree of #a ,march #aidd4 ,the very fact that in this way1 for the first time1 he gained knowledge of the results of the experiments proves that this was an ,,ss affair of ,himmler and ,hirt and that it belonged to a sphere where interference was denied to ,karl ,brandt by strict orders 7see statements on participation in experiments by virtue of contacts with ,himmler74 7,also ,karl ,brandt #abj1 ,karl ,brandt ,ex4 #ce47 ,the affidavit of ,rudolf ,brandt 7,,no-#cgb1 ,pros4 ,ex4 #beb7 is refuted by ,karl ,brandt #ac1 ,karl ,brandt ,exhibit #ab1 as well as statements made by ,rudolf ,brandt4 7,tr4 pp4 #dicj-cd47 ,as a matter of fact the name of the defendant ,karl ,brandt is never mentioned in the numerous documents extending over a period of several years4 ,the special secrecy surrounding the ,noli ,decree and its contents with regard to poison gas defense is made sufficiently clear by the necessity of safeguarding the inadequate poison gas defense in the least possible time1 and to hide this from the enemy4 7,karl ,brandt #ajc1 ,karl ,brandt ,ex4 #db2 ,karl ,brandt #aja1 ,karl ,brandt ,ex4 #da2 ,karl ,brandt #aa1 ,karl ,brandt ,ex4 #aj47 #c4 ,karl ,brandt's efforts not to experiment on human beings are proved by the fact that he had animal material1 i4 e41 man-like apes1 brought from ,spain and ,africa by the ,luftwaffe at great expense4 ,had he been predominantly inclined to experiment on human beings1 to be had free of cost1 he would hardly have gone to such expense4 7,karl ,brandt #ab1 ,karl ,brandt ,ex4 #aa47 ,the exhaustive enumeration of parties engaged on work with ,n-gas 7,,no-#jje1 ,pros4 ,ex4 #bgi7 proves that the defendant ,karl ,brandt did not participate4 ,the ,n-gas problems belong to a very different sphere1 as shown by the ,documents ,karl ,brandt #hh1 ,karl ,brandt ,exhibit #cf1 and ,karl ,brandt #ajc1 ,karl ,brandt ,exhibit #db4 ,this is further confirmed by ,sievers' letter to ,hirt of #i ,april #aidb4 7,,no-#gic1 ,pros4 ,ex4 #beh47 ,in it1 reference is made to the possibility of advancing experiments by 8single possibilities04 ,,no-#dbb1 ,prosecution ,exhibit #cc1 contains an order by ,himmler of #g ,july #aidb to ,sievers and the ,,ss ,institute ,ahnenerbe to support ,hirt's researches in every possible way4 #d4 ,the codefendant ,rudolf ,brandt does not know the contents of the decree of #a ,march #aidd1 though he distinctly alludes to it in his affidavit1 7,,no-#cgb1 ,pros4 ,ex4 #beb2 ,tr4 pp4 #dida-db47 ,,extract ,,from ,,the ,,closing ,,brief ,,for ,,defendant ,,sievers 99 99 99 99 99 #a4 ,lost gas experiments were carried out from ,november #aidb on by ,professor ,dr4 ,hirt in the ,natzweiler concentration camp4 #b4 ,according to the statement of the witness ,nales in the session of #cj ,april #aidg1 three experimental persons died4 ,other experimental persons are supposed to have suffered from severe burns4 #c4 ,sievers did not personally participate in these experiments4 ,the prosecution has submitted the following evidence to prove ,sievers' participation in the ,lost gas experiments3 ,letter of ,sievers to ,dr4 ,hirt of #ag ,january #aidb 7,,no-#gia1 ,pros4 ,ex4 #bef7 concerning experiments with insecticides4 ,letter of ,dr4 ,hirt to the ,ahnenerbe of #bj ,january #aidb 7,,no-#gib1 ,pros4 ,ex4 #beg7 concerning answer to ,sievers' letter4 ,sievers' letter to ,dr4 ,hirt of #i ,april #aidb 7,,no-#gic1 ,pros4 ,ex4 #beh7 concerning ,dr4 ,hirt's treatises on intravital microscopy and ,lost experiments4 ,sievers' letter to ,dr4 ,brandt of #bg ,august #aidb 7,,no-#gid1 ,pros4 ,ex4 #bei7 concerning the passing on of a message of ,dr4 ,hirt on the results of ,lost experiments4 ,letter of the ,ahnenerbe to ,dr4 ,brandt of #b ,june #aidb 7,,no-#jig1 ,pros4 ,ex4 #bfj7 concerning ,dr4 ,hirt's report on ,lost wounds4 ,experiments on human beings could not be made as ,hirt was at the front4 ,note of the ,reich ,business ,manager of #c ,november #aidb 7,,no-#jih1 ,pros4 ,ex4 #bfc74 ,letter of the ,reich ,business ,manager of the ,ahnenerbe to ,dr4 ,r4 ,brandt of #bb ,april #aidc--;concerning release of ,staff ,physician ,dr4 ,wimmer from the air force so that he can do further work with ,dr4 ,hirt on ,lost experiments4 7,,no-#aic1 ,pros4 ,ex4 #bfd47 ,letter of the personal staff of the ,reich ,leader ,,ss to ,ministerial ,councillor ,dr4 ,goernert1 of #i ,june #aidc--;concerning ,dr4 ,wimmer's transfer4 7,,no-#aie1 ,pros4 ,ex4 #bff47 ,certificate of the ,institute for ,military ,scientific ,research of #h ,november #aidc--;concerning the sending of special rations of food to ,dr4 ,wimmer and ,frl4 ,schmitt4 7#dib-,,ps1 ,pros4 ,ex4 #bfg47 ,proposed treatment of poison-gas injuries through ,lost4 7,,no-#jii1 ,pros4 ,ex4 #bfh47 ,letter of the ,reich ,business ,manager of the ,ahnenerbe to ,dr4 ,brandt of #i ,february #aidb--;concerning forwarding ,dr4 ,hirt's report on his medicinal experiments and a microscope1 which enables one to observe a living tissue4 7,,no-#jhe1 ,pros4 ,ex4 #bfi47 ,letter of the personal staff of the ,reich ,leader ,,ss to the ,ahnenerbe of #aj ,march #aidd--;concerning the transmission of a ,fuehrer ,decree of #a ,march #aidd4 7,,no-#jac1 ,pros4 ,ex4 #bgb47 ,the ,fuehrer ,decree mentioned--of #a ,march #aidd--;has not been submitted4 ,letter of the ,office 8,a0 to ,dr4 ,r4 ,brandt of #aa ,april #aidd concerning ,sievers' report to ,,ss ,brigadefuehrer ,prof4 ,dr4 ,brandt on the research work of ,dr4 ,hirt4 7,,no-#jae1 ,pros4 ,ex4 #bge47 ,letter of ,sievers to ,,ss ,brigadefuehrer ,gluecks of #aa ,september #aidb 7,,no-#igh1 ,pros4 ,ex4 #dhj7 concerning military scientific research in connection with the ,natzweiler concentration camp4 ,letter of ,sievers to ,,ss ,brigadefuehrer ,gluecks of #bg ,august #aidb concerning military scientific research in connection with the ,natzweiler concentration camp4 7,,no-#ice1 ,pros4 ,ex4 #dha47 ,sievers' memorandum concerning the carrying out of military scientific research in the ,natzweiler concentration camp of #ag ,september #aidb4 7,,no-#igg1 ,pros4 ,ex4 #dhb47 ,the defense refers to the following evidence3 ,lost experiments were carried out at the ,military ,medical ,academy in ,berlin4 ,the experimental persons were cadets studying at this ,academy4 7,,no-#jig1 ,pros4 ,ex4 #bfj2 ,tr4 p4 #efgi2 ,tr4 pp4 #hjga-gb47 ,professor ,dr4 ,hirt1 later ,director of the ,anatomical ,institute at the ,university of ,strasbourg1 took part in carrying out these experiments4 7,tr4 p4 #egca47 ,professor ,hirt also carried out ,lost experiments on himself4 7,tr4 p4 #egcc47 ,hitler then decreed that experiments were no longer to be carried out on cadets1 as they were more important as soldiers4 ,himmler gave ,dr4 ,hirt orders to carry out a few practical experiments on human beings in addition to his animal experiments4 ,then on #i ,april #aidb ,himmler asked ,sievers1 who in his discussion with him at ,easter #aidb had also mentioned the research done by ,professor ,hirt1 to ask the latter in writing to submit a secret report on his ,lost experiments4 7,,no-#gic1 ,pros4 ,ex4 #beh47 ,hirt then gave this report to the ,ahnenerbe1 from where it was forwarded1 with a letter on #b ,june #aidb to the personal staff of the ,reich ,leader ,,ss4 7,,no-#jig1 ,pros4 ,ex4 #bfj47 ,the heading of this letter is remarkable3 8,report on the ,lost experiments carried out by order of the ,wehrmacht40 ,dr4 ,hirt mentions further on page four of the report that he submitted the written report on the results of his ,lost experiments to the surgeon general who was his superior at that time4 ,from this report1 it is quite clear that experiments on human beings1 with the exception of cadets1 had not yet been carried out by ,hirt4 ,however1 ,dr4 ,hirt made a further short report1 which the ,reich ,business ,manager of the ,ahnenerbe forwarded to the personal staff of the ,reich ,leader ,,ss on #bg ,august #aidb4 7,,no-#gid1 ,pros4 ,ex4 #bei47 ,in a letter of #ac ,july #aidb the ,reich ,leader ,,ss ordered that ,dr4 ,hirt should carry out the research work assigned to him in the ,natzweiler concentration camp4 7,,no-#jih1 ,pros4 ,ex4 #bfc47 ,sievers set out for ,natzweiler with ,dr4 ,hirt at the end of ,august #aidb in order to ascertain whether the prerequisites existed4 ,as is shown in ,dr4 ,hirt's report of #ai ,october #aidb1 nothing had yet happened besides the drafting of ,oberscharfuehrer ,walbert1 the animal-keeper4 ,the extension of the laboratories and stables had not yet begun4 ,and now ,dr4 ,hirt's report continues3 8,we were further informed that prisoners1 who are later to be experimented on1 would have to be paid by us while they are subjected to the experiment4 ,for the prisoners in the ,l-experiment we propose that they are put on full diet 7guards' diet71 so that the experiments can be carried out under the same conditions as would prevail with the troops in an actual case4 ,to begin with we intend to take #aj prisoners for the experiment40 7,,no-#jih1 ,pros4 ,ex4 #bfc47 ,as ,hirt reported in addition that the assignment of a second physician to the ,natzweiler concentration camp would be difficult1 ,sievers was asked to participate in the efforts to obtain the release of ,dr4 ,wimmer1 surgeon captain of the air force1 in order to make him assistant to ,dr4 ,hirt1 especially as the ,reich ,leader ,,ss expressly wished that ,dr4 ,wimmer's transfer should take place as soon as possible4 7,,no-#aid1 ,pros4 ,ex4 #bfe47 ,it was the duty of ,sievers to deal with questions of billets1 laboratory finance and similar matters4 ,therefore1 in ,august and ,september #aidb he wrote to ,,ss ,brigadefuehrer ,gluecks1 who was responsible for the administration of the concentration camps4 7,,no-#ice1 ,pros4 ,ex4 #dha2 ,,no-#igg1 ,pros4 ,ex4 #dhb2 ,,no-#igh1 ,pros4 ,ex4 #dhj47 ,they contain only administrative matters4 ,how little ,sievers knew about concentration camps is seen from ,document ,,no-#ice4 ,sievers asks to be sent the exact address of the camp and of the commandant of ,natzweiler4 ,this letter is particularly worthy of notice4 ,as for the question whether and to what extent ,sievers had knowledge of the performance of ,lost experiments in the ,natzweiler concentration camp1 the following can be stated3 ,ferdinand ,holl1 witness for the prosecution1 when giving evidence on #c ,january #aidg1 said nothing about ,sievers' taking part in any way in the performance of the ,lost experiments at the ,natzweiler concentration camp4 ,the experimenters were ,dr4 ,hirt and officers of the ,luftwaffe4 ,the witness ,holl did not mention ,sievers at all4 ,if ,sievers1 who wore ,,ss uniform1 had become known at all in connection with the ,lost experiments1 this witness would certainly have made some such statement1 especially as he was dispensary assistant ,revierkapo and prisoners' guard in the so-called ,ahnenerbe block in the ,natzweiler concentration camp4 7,german ,tr4 pp4 #ajea-ajei47 ,the witness ,grandjean too1 who was at the ,natzweiler concentration camp hospital as medical assistant from ,april #aidd on1 knows nothing of ,sievers' presence at the ,natzweiler concentration camp or of any connection between ,sievers and the ,lost experiments4 7,tr4 p4 #ajii ff47 ,sievers was in ,natzweiler concentration camp on #be ,january #aidc and also visited the barracks where the experimental persons for the ,lost experiments were housed4 ,dr4 ,wimmer showed ,sievers some of the experimental persons with their forearms in bandages4 ,there were about #aj persons altogether who gave the impression of being quite lively4 ,one of the experimental subjects was just having his bandage changed1 and ,sievers saw that the place being treated on the arm was covered with a scab4 ,dr4 ,wimmer reported nothing about fatal incidents4 ,on the other hand1 by questioning the experimental subjects himself1 ,sievers found that they volunteered for those experiments after a lecture by ,professor ,hirt4 ,sievers also learned that from ,dr4 ,hirt himself1 who at the end of the experiments confirmed that he had sent to the camp commandant a report on the good behavior of the prisoners with a recommendation for their release4 7,german ,tr4 pp4 #egcb-cc47 ,the lecture which ,hirt had previously delivered to the experimental persons is also confirmed by the witness ,holl4 7,german ,tr4 pp4 #ajea-ajei47 ,this was the only visit ,sievers paid to the experimental subjects of the ,lost experiments4 ,after #be ,january #aidc ,sievers never went to ,natzweiler again4 ,this is already known from his diary entries4 ,sievers attached a certain danger to the experiments1 but1 not being a physician1 he was in no position to judge exactly from the experiments and the way in which they were carried out whether there was reason to be prepared for fatal results4 ,in ,march #aidc ,sievers asked ,dr4 ,hirt whether any experimental subjects had died4 ,hirt admitted two deaths which1 he remarked1 however1 had no connection with the ,lost experiments4 7,german ,tr4 pp4 #egcb-cc47 ,the statement of the witness ,nales1 heard in the session of #cj ,april #aidg1 deserves special attention4 ,this witness confirmed that the experimental subjects who had reported for the 8,burning ,experiments0 were volunteers4 ,the witness thereby confirmed ,sievers' statement of #aj ,april #aidg4 7,german ,tr4 pp4 #egcb-cc47 ,the witness admitted under cross-examination that ,professor ,dr4 ,hirt1 as well as the ,,ss camp physician1 explained to the experimental subjects the nature of the planned experiments4 ,it may be that the ,,ss camp physician did not precisely state the actual danger of the experiments4 ,but it may certainly be supposed that ,dr4 ,hirt described the nature of the planned experiments more closely in his instructions1 which are also confirmed by the witness ,holl4 ,here ,sievers had just as little to do with the choice of experimental subjects as in all the other cases4 ,he was present neither at the lecture of the camp physician nor at that of ,dr4 ,hirt4 ,he could and had to rely on what ,dr4 ,hirt told him concerning the question of volunteering4 #d4 ,in the case in question1 ,sievers was again not in a position to give instructions or orders on the carrying out of the ,lost experiments4 ,neither did he do so4 ,in as far as he came into contact with the ,lost experiments1 he only forwarded correspondence and did subordinate administrative work1 which had no decisive or important influence on the experiments carried out by ,dr4 ,hirt4 #e4 ,the knowledge that the experiments could exceed certain limits or become inhuman existed neither before they began nor in the course of the experiments4 ,we still have to examine whether ,sievers did not receive1 through some report or other1 more exact knowledge of the course of the experiments4 ,as a result of the experiments carried out by ,dr4 ,hirt and ,dr4 ,wimmer1 the 8,proposed ,treatment of ,poison-,gas ,injuries ,caused by ,lost0 was produced4 7,,no-#jii1 ,pros4 ,ex4 #bfh47 ,from this report nothing at all is to be learned of the course of the experiments in its effect on the experimental subjects4 ,since no further report exists1 the correctness of ,sievers' statement must be accepted1 according to which he knew no more of the ,lost experiments than what he had seen and heard himself at ,natzweiler4 ,there was nothing in that to make him believe in criminal experiments4 ,this must also form the basis for the judging of ,documents ,,no-#aie and ,,no-#jae1 ,prosecution ,exhibits #bff and #bge4 ,sievers could only give information on what he knew4 ,by virtue of his own observation of the information which he had received from ,dr4 ,hirt and the correspondence submitted here1 ,sievers could only give information on the subject of the experiments carried out by ,dr4 ,hirt and the circumstances under which they were carried out4 ,it is also quite absurd to suppose that anyone who himself had detailed knowledge of the course of the experiments would have been used to pass on information4 ,in his letter to ,dr4 ,rudolf ,brandt of #aa ,april #aidd1 ,sievers further stated that on #ca ,march he had given a report to ,,ss ,brigadefuehrer ,professor ,dr4 ,brandt on the research work of ,,ss ,hauptsturmfuehrer ,professor ,dr4 ,hirt4 ,the contents of this so-called report were reproduced by ,dr4 ,karl ,brandt in his examination on #d ,november #aidg4 ,according to that1 ,sievers only stated that he had been commissioned by order of ,himmler to hand over to him the final report on ,lost by ,dr4 ,hirt4 ,but ,sievers said nothing about being commissioned to discuss the contents with ,dr4 ,karl ,brandt4 ,no discussion took place between ,dr4 ,karl ,brandt and ,sievers on the performance of the experiments4 ,this was the 8report0 from which the prosecution believes it can draw the conclusion that ,sievers had detailed knowledge of the ,lost experiments4 7,german ,tr4 pp4 #bcfe-ff47 ,the question still arises1 whether ,sievers1 as a result of the report made by ,hirt on #h ,march #aidd to the ,reich ,leader ,,ss1 was not aware of deaths in connection with the ,lost experiments4 ,hirt's report did not disclose anything from which one could conclude that a special endangering of the experimental subjects was involved4 ,moreover ,hirt declared that he could arrive at further results only through experiments on animals4 7,german ,tr4 p4 #egcd47 ,finally1 an opinion is expressed in regard to the possible assertion of the prosecution that the application of intravital microscopy constituted a crime against humanity4 ,the intravital microscope used by ,dr4 ,hirt could only be used on animals4 7,tr4 p4 #egcd47 ,letter from the firm of ,zeiss of #ac ,january #aidg4 7,sievers #i1 ,sievers ,ex4 #aj2 ,tr4 p4 #ehgi2 ,sievers #ee1 ,sievers ,ex4 #ea47 ,that intravital microscopic experiments were carried out on human beings by ,dr4 ,hirt was not testified to by any of the witnesses and also cannot be seen from any document4 ,if this had been the case1 it certainly would have become known to third parties through experimental subjects or records4 #f4 ,sievers had neither the power nor the opportunity to prevent the ,lost experiments or to stop them4 ,sievers could in no way hinder the course of experiments against ,himmler's order4 #g4 ,under these circumstances ,sievers could not have become guilty of criminal negligence either4 99 99 99 99 99 d4 ,evidence ,prosecution ,documents ,pros4 ,ex4 ,doc4 ,no4 ,no4 ,description of ,document ,page ,,no-#gid #bei ,letter from ,sievers to ,rudolf ,brandt1 #bg #ccf ,june #aidb1 concerning mustard gas and its effect on human beings4 ,,no-#jih #bfc ,memorandum from ,sievers to ,rudolf #ccg ,brandt1 #c ,november #aidb1 concerning research in the ,natzweiler concentration camp4 ,,no-#aic #bfd ,letter from ,sievers to ,rudolf ,brandt1 #bb #cdj ,april #aidc1 regarding prevention of ,dr4 ,wimmer's to active duty with the air force4 ,,no-#jii #bfh ,report by ,hirt and ,wimmer on the #cda proposed treatment of poisoning caused by ,lost gas4 ,,no-#jje #bgi ,letter from ,grawitz to ,himmler1 #bb #cdd ,november #aidd1 requesting prisoners for experiments4 ,,no-#aheb #def ,extract from report on medical #cde experiments addressed to ,karl ,brandt4 ,,no-#igh #dhj ,letter from ,sievers to ,gluecks1 #aa #cdi ,september #aidb1 concerning military scientific research work to be conducted at ,natzweiler concentration camp4 ,defense ,documents ,doc4 ,no4 ,def4 ,ex4 ,no4 ,description of ,document ,page ,karl ,brandt #ab ,karl ,brandt ,affidavit of ,dr4 ,walther ,schieber #cej ,ex4 #aa on his efforts to purchase experimental animals in ,spain and bring them to ,germany4 ,karl ,brandt #aja ,karl ,brandt ,affidavit of ,dr4 ,otto ,ambros1 #ba #cea ,ex4 #da ,april #aidg1 concerning the urgency of experiments in the field of chemical-warfare agents and their countermeasures4 ,karl ,brandt #ajc ,karl ,brandt ,affidavit of ,dr4 ,walter ,mielenz1 #ba #ceb ,ex4 #db ,april #aidg1 concerning the assignment of ,karl ,brandt in connection with chemical warfare4 ,,translation ,,of ,,document ,,no-#gid ,,prosecution ,,exhibit #bei ,,letter ,,from ,,sievers ,,to ,,rudolf ,,brandt1 #bg ,,june #aidb1 ,,concerning ,,mustard ,,gas ,,and ,,its ,,effect ,,on ,,human ,,beings ,the ,ahnenerbe ,the ,reich ,business ,manager ,berlin-,dahlem1 #bg ,june #aidb ,g_/,h_/#f1 g_/,sch_/#d1 ,a_/#a_/aja ,s_/wo ,to3 ,,ss ,obersturmbannfuehrer ,dr4 ,r4 ,brandt ,personal ,staff of the ,reich ,leader ,,ss ,berlin ,subject3 ,use of mustard gas for exterminating rats4 ,re3 ,your letter of #ac ,july #aidb--;,a #ai_/ie_/aidb ,dear ,comrade ,brandt6 ,on request ,,ss ,hauptsturmfuehrer ,prof4 ,dr4 ,hirt1 ,strasbourg tells me3 8,mustard gas in a dilution of #a3ajj is dangerous to human beings if it contacts the body in an adequate amount4 ,above all1 mustard gas is dangerously effective to clothing1 as is known1 even when greatly diluted1 especially in connection with dampness4 ,mustard gas touching the skin even in a dilution of #a3ajj causes reddening1 possibly it causes little cysts without effecting necrosis4 ,that is1 the effect is much weaker than that of pure mustard gas4 ,in spite of that1 coming in contact with the clothes in sufficient quantities1 especially in the regions of perspiration as the armpit1 or the inguinal region1 it can have exactly the same effect as concentrated mustard gas4 ,for this1 only a trace of it is frequently sufficient4 ,this ,i experienced in a laboratory accident with a chemical student1 who touched his armpit with one of the rabbits only for a second and a reddening ensued which spread over the entire body the following day1 however1 without further consequences4 ,in my opinion1 only a place which can be temporarily evacuated by human inhabitants can be used for gassing4 ,the use of mustard gas in the vicinity of food stores1 especially grain dumps1 has to be absolutely excluded because one cannot know to what extent the rats carry the mustard gas there4 ,only gassing of rat holes would be possible with full application of precautionary measures4 ,how this will work out technically1 ,i cannot of course determine4 ,proper experts would have to judge that4 ,probably the case may be the same as with other poisons used for the extermination of rats 7,phosphor-arsenic1 strychnine1 etc47--that means that the use of every type of poison has two sides4 ,in spite of this1 your idea to try the extermination of vermin by means of poison gas does not seem strange at all1 but an expert on poison gas would have to determine if there are not other means of killing rats which are less harmful to human beings40 ,with kind regards ,heil ,hitler6 ,signature ,,sievers ,p4 ,s4 ,i shall talk over this matter thoroughly with ,professor ,hirt one of these days1 and ,i will see which poison gas expert we might consult for the solution of the problem4 ,,translation ,,of ,,document ,,no-#jih ,,prosecution ,,exhibit #bfc ,,memorandum ,,from ,,sievers ,,to ,,rudolf ,,brandt1 #c ,,november #aidb1 ,,concerning ,,research ,,in ,,the ,,natzweiler ,,concentration ,,camp ,the ,ahnenerbe ,reich ,business ,manager ,berlin-,dahlem1 #c ,november #aidb ,s_/,wo ,g_/,h_/#f ,personal ,staff ,reich ,leader ,,ss ,filing stamp ,file ,room ,document ,no4 ,secret_/#ea_/af shorthand notation ,note ,re3 ,research order ,,ss ,hauptsturmfuehrer1 ,professor ,dr4 ,august ,hirt1 ,strasbourg1 at the ,institute for ,military ,scientific ,research of the ,ahnenerbe4 ,the ,reich ,leader ,,ss ,himmler ordered1 in his letter of #ac ,july #aidb--;,journal number ,,ar_/#dh_/g_/db--that ,,ss ,hauptsturmfuehrer ,prof4 ,dr4 ,hirt carry out the research tasks assigned him1 in conjunction with the ,natzweiler concentration camp4 ,it was determined at a conference1 for which ,i drove1 along with ,,ss ,hauptsturmfuehrer ,prof4 ,dr4 ,hirt1 to ,natzweiler on #ca ,august #aidb1 that the necessary conditions exist in ,natzweiler4 ,i reported on this orally on #i ,september #aidb1 and afterwards in writing on #aa ,september #aidb to ,,ss ,brigadefuehrer ,gluecks1 who agreed and promised his full support4 ,in view of the urgency of these research tasks1 ,i asked ,,ss ,hauptsturmfuehrer ,professor ,dr4 ,hirt to go to ,natzweiler again because until then no report on the beginning of the work had arrived4 ,,ss ,hauptsturmfuehrer ,prof4 ,dr4 ,hirt reported the following1 among other things1 concerning this conference which took place at ,natzweiler on #ai ,october #aidb3 8,the conference was due to the fact that until now nothing besides the detachment of ,oberscharfuehrer ,walbert had been accomplished4 ,nor had the installation of the laboratories been started to date4 8,it has now been decided to start with the laboratories this week4 8,it was further established that the camp for security suspects1 ,schirmeck1 would erect the sheds4 ,its commander fortunately is ready1 as he told us at once1 to place the necessary people at our disposal free of charge2 whereas ,natzweiler would not have been in a position to do so owing to the overbearing and inconvenient demands of the workers4 8,we were furthermore informed that the prisoners who would later be used for experiments would have to be paid for by us during the period that experiments were being made upon them4 8,we are to request that the prisoners of the ,lost experiment receive full rations 7food for guards7 to enable the experiments to be carried out under the same conditions as the troops would be under in a possible emergency4 ,we intend for the time being to take #aj prisoners as subjects for experiments4 8,hauptsturmfuehrer ,dr4 ,blanke said that he was refused the assistance of a second physician in supervising the experiments on patients1 so that he probably would not have enough time to concern himself with the experiments4 8,the ,x-ray apparatus which ,i could procure here has not yet been definitely allocated by ,berlin4 ,we must get it immediately1 otherwise we may lose it4 8,the installation of direct current causes difficulties4 ,one1 however1 gets the impression that the building operators had not dealt with this problem at all4 ,according to their opinion1 a transformer should be procured which is able to transform #bbj volts alternating current into direct current4 ,this is most likely quite improbable at this place4 8,to equip the laboratory1 ,i would ship the needed things 7freezing microtome1 incubators1 etc47 from the stocks of the ,anatomical ,institute to ,natzweiler during the next week4 ,they remain1 of course1 the property of the ,anatomical ,institute4 ,the two prisoners trained in handling the microtome can then be put to work4 ,according to ,hauptsturmfuehrer ,dr4 ,blanke1 both should be proficient at it40 ,on the basis of this report1 ,i have the impression that not too much interest in cooperative work exists at ,natzweiler4 ,as such cooperation is ordered by the ,reich ,leader ,,ss and as ,,ss ,brigadefuehrer ,gluecks is willing1 the whole thing is not understandable to me4 ,i was very much surprised by the fact that the prisoners to be used for experiments should be paid for4 ,if we use only #aj prisoners for one experiment1 which might under certain circumstances last #aj months1 the cost for the prisoners alone would total approximately #d1jjj ,,rm4 ,when ,i think of our military research work conducted at the concentration camp ,dachau1 ,i must praise and call special attention to the generous and understanding way in which our work was furthered there and to the cooperation we were given4 ,payment of for prisoners was never discussed4 ,it seems as if at ,natzweiler they are trying to make as much money as possible out of this matter4 ,we are not conducting these experiments1 as a matter of fact1 for the sake of some fixed scientific idea1 but to be of practical help to the armed forces and beyond that to the ,german people in a possible emergency4 ,the budget of the institute will be met1 according to the order of the ,reich ,leader of the ,,ss and as already discussed by me in detail with ,,ss ,standartenfuehrer ,loerner1 out of the funds of the ,waffen ,,ss4 ,under the supposition that the prisoners needed for experiments are in the prescribed condition as regards nourishment by this time1 the experiments could start approximately on #aj ,november #aidb4 ,special treatment in ,dachau was never the subject of special instructions but was understood to be necessary and issued without further ado4 ,on the occasion of his personal inspection of the experiments at ,dachau1 the ,reich ,leader ,,ss also ordered special food as an additional measure4 ,just as the ,reich ,leader ,,ss appeared one day at ,dachau to have a look at the experiments there1 this is possible at ,natzweiler too4 ,signature ,,sievers ,,ss ,obersturmbannfuehrer #a4 ,to ,,ss ,obersturmbannfuehrer ,dr4 ,r4 ,brandt to read in reference to our discussion of today and with the request for help in comradely fashion in setting up the necessary conditions at ,natzweiler4 #b4 ,documents4 ,initials ,,si ,,translation ,,of ,,document ,,no-#aic ,,prosecution ,,exhibit #bfd ,,letter ,,from ,,sievers ,,to ,,rudolf ,,brandt1 #bb ,,april #aidc1 ,,regarding ,,prevention ,,of ,,dr4 ,,wimmer',s ,,transfer ,,to ,,active ,,duty ,,with ,,the ,,air ,,force ,copy ,ahnenerbe ,society ,the ,reich ,business ,manager ,berlin-,dahlem1 #bb ,april #dc ,g_/,h_/#f ,s_/,no ,note ,handwritten ,some information on ,w4 is also in the files of ,prof4 ,hirt ,diary ,no4 #da_/h_/dc ,g4 ,mue4 ,to3 ,,ss ,obersturmbannfuehrer ,dr4 ,r4 ,brandt ,personal ,staff ,reich ,leader ,,ss ,berlin ,,sw #aa1 ,prinz ,albrecht ,str4 #h4 ,subject3 ,dr4 med4 habil4 ,karl ,wimmer1 born on #bd ,october #aiaj1 staff physician of the ,luftwaffe1 commanded by ,air ,gau ,physician #g1 ,munich1 for service with the ,anatomical ,institute of ,strasbourg ,university4 ,co-worker at the ,institute for ,military ,scientific ,research of the ,ahnenerbe ,society1 ,department ,,ss ,hauptsturmfuehrer ,dr4 ,hirt1 ,strasbourg4 ,re3 ,your letter of #aj4db4 ,no4 ,,ar_/#dh_/g_/db4 ,our letter of #be4g4db4 ,dear ,comrade ,brandt6 ,effective immediately1 ,dr4 ,wimmer has been transferred to the ,x,ith ,fliegerkorps subordinate operational ,command of an ,air ,fleet1 and according to information given by the ,air ,gau ,medical ,department #g was to report today to ,oberstabsarzt ,dr4 ,jaeger1 ,berlin-,tempelhof1 ,manfred von ,richthofenstr4 #f4_/;,,ii4 ,as ,jaeger is going to be absent until #bg ,april1 ,dr4 ,wimmer will have to wait for a decision1 until that date4 ,the transfer of ,dr4 ,wimmer means discontinuance of the gas experiments at ,natzweiler and ,strasbourg1 as-- #a4 ,replacement cannot be supplied due to the specialized knowledge necessary4 #b4 ,the practical knowledge gained by ,dr4 ,wimmer through an extensive series of experiments can only be used by him4 #c4 ,on ,dr4 ,wimmer's leaving1 ,,ss ,hauptsturmfueherer ,prof4 ,dr4 ,hirt will have to take over his lectures and as he1 considering his state of health1 is already more than overworked1 he can no longer go on with research work4 ,interim report on experiment results up to now will follow next week to be submitted to the ,reich ,leader ,,ss4 ,the intensification of experiments and research1 as well as the continuation of the work at all1 as ordered by the ,reich ,leader ,,ss on the basis of our discussion on #g ,april1 is out of the question1 if the small staff of co-workers at the disposal of ,prof4 ,dr4 ,hirt1 especially ,dr4 ,wimmer1 is withdrawn4 ,the problems to be solved constantly demand scientists with long years of experience and specialized knowledge4 ,dr4 ,wimmer would now be employed only as an army doctor1 which is totally uneconomical considering his knowledge and abilities1 as his services as an army doctor will never be of vital importance as regards the war1 while this may well be said of his scientific activities4 ,obviously the ,recruiting ,office of the ,waffen ,,ss at that time contented itself with the information of the ,reich ,air ,minister and ,supreme ,commander of the ,german ,luftwaffe1 without concluding a definite agreement4 ,i request immediate steps for this to be remedied2 the best would be to order ,dr4 ,wimmer to the ,waffen ,,ss at least until #ca4ac4dc sic and if necessary the ,reichsarzt ,,ss should send an army doctor in his place to the ,luftwaffe for the time ,dr4 ,wimmer is assigned to the ,waffen ,,ss4 ,with best regards ,heil ,hitler6 ,yours ,signed ,,sievers typewritten ,,translation ,,of ,,document ,,no-#jii ,,prosecution ,,exhibit #bfh ,,report ,,by ,,hirt ,,and ,,wimmer ,,on ,,the ,,proposed ,,treatment ,,of ,,poisoning ,,caused ,,by ,,lost ,,gas ,top ,secret ,handwritten ,enclosure of ,top ,secret ,z4 ,i4 ,a4 ,h4 ,no4 #cf ,g4 ,tgb4 ,s4 #ai1 ,no4 #agj ,from the ,institute for ,military ,scientific ,research ,department ,h of the ,research and ,instruction ,society ,ahnenerbe 7,reich ,leader ,,ss ,personal ,staff1 ,office 8,a07 ,strasbourg1 ,anatomical ,institute4 ,proposed treatment of poisoning caused by ,lost ,gas 7,by ,professor ,dr4 ,a4 ,hirt1 and ,staff ,surgeon of the ,luftwaffe1 ,professor ,dr4 ,wimmer1 ,strasbourg1 #aidd7 ,general ,observations ,the effect of ,lost as a poison gas is immediate and1 by causing other pathological reactions within the cells and organs1 it damages the entire efficiency of the individual cell as well as that of the organs4 ,the organism stands the best chance of absorbing the damage caused by ,lost if there is a large vitamin reserve in the body4 ,in administering the vitamin treatment after ,lost damage has been inflicted1 care must be taken that the medicaments are not administered indiscriminately4 ,the vitamin combinations 7,a1 ,b complex1 ,c7 taken orally or vitamin ,b#a administered intravenously in glucose suspension have proved most effective4 ,both methods aim at raising the resistance of the reticuloendothelial system1 while simultaneously introducing therapeutic measures to protect the liver which can be further strengthened by food with a high carbohydrate and vitamin content4 ,when definite damage to the organs 7liver1 cardiac muscles1 kidneys7 manifests itself1 vitamin treatment has to be discontinued and injections of ,b#a glucose substituted1 as the excretion of the surplus quantity of vitamins results in a temporary additional overstimulation of the cells of the excretory organs4 ,in addition the inter-connection between the effect of sulfanilamide and vitamin ,b complex should be noted4 ,in the case of pulmonary complications 7bronchial pneumonia1 pulmonary abscess7 which are treated with sulfanilamides1 the administration of yeast is definitely not indicated4 ,the general treatment1 as set forth1 especially the administration of vitamin ,b#a glucose1 also has a salutory effect on the healing of cutaneous necrosis4 ,in average and serious cases1 the length of the healing process can thereby be considerably decreased4 ,supporting measures to be taken are bandaging the affected limb in splints until the appearance of clean granulation or placing the patient in a suitable recumbent position as well as vigorous1 systematic psychotherapy4 ,the psychological influencing of the largely apathetic ,lost patient constitutes an essential part of the treatment1 due to the possibility of thereby influencing the parasympathetic system 7circulation1 circulatory system74 ,outline of treatment #a4 ,all the directions given for the elimination of the ,lost poison are to be followed carefully4 ,only after elimination of the poison has resulted may ,lost patients be treated and accommodated together in enclosed rooms4 7,inhalation of ,lost vapors67 #b4 ,damp dressings with ,rivanol 7#j4a-j4je percent7 and ,trypaflavin 7#j4a percent7 have proved to be a successful treatment of the skin symptoms 7reddening1 swelling1 blisters7 of the first to fourth day4 ,if necessary1 ointment dressings 7#aj percent cod liver oil tannic ointment1 boric acid ointment1 etc47 may be applied4 ,with the opening of the blisters1 the exposed corium of the skin becomes extremely sensitive to the drying reflex4 ,introductory treatment2 daily bathing with a potassium permanganate solution1 constant damp dressings of ,rivanol-,trypaflavin solution2 later on ointment dressings 7#e percent cod liver oil tannic ointment1 boric acid ointment74 ,with the development of cutaneous necrosis and increasing disinfection of the affected parts of the skin1 the damp dressings are to be substituted--if only for nursing reasons--by ointment dressings1 after bathing with a potassium permanganate solution at body temperature1 which are to be changed daily4 ,usually after the #agth day1 the necrotic spots on the skin can be removed by drying them up or better still by brushing them off 7under narcosis if necessary7 with a potassium permanganate solution4 ,in this way the local healing process is considerably shortened4 ,with the beginning of the knitting of the skin granulation stimulating ointment dressings 7alternately cod liver oil ointment1 boric acid ointment1 unguentine1 etc47 are sufficient4 ,lexer's cod liver ointment 7only #b hours1 painful67 can provide a strong stimulus should granulation formation be slow and drag itself out4 #c4 ,general treatment of average and serious ,lost damage begins with administering a vitamin mixture compounded as follows3 ,vitamin ,a 7in the form of ,vogane oil7 increasing from #d to #aj drops daily4 ,vitamin ,c 7,cantan--,cebion tablets7 #b tablets #c times daily4 ,yeast powder #c teaspoonfuls daily4 ,one should consider whether a vitamin compound of similar preparation--if need be with the addition of glucose--should be produced for the combat troops4 ,such a powder mixture would have to be administered in increasing quantities as well4 ,in all cases of absorbed ,lost damage 7liver damage indicated by increased secretion of urobilinogen in the urine1 later icteric skin coloring1 cardiac muscle damage with tachycardiacs1 kidney damage with albumin secretion in the urine7 treatment with vitamin mixtures is to be discontinued and to be substituted by injections of vitamin ,b#a glucose4 7,betaxin--,betabion #b cc4--also in larger dosages--intravenously with #aj cc4 #bj percent glucose solution47 ,injections are to be given slowly1 since at the height of ,lost damage the veins of the arms incline to thrombosis6 ,in the latter case glucose has to be administered orally and vitamin ,b#a intramuscularly4 ,there exists the possibility1 in every case of considerable ,lost damage1 of a sudden failure of circulation 7frequently between the #gth and #agth day7 indicated by a weak response to heart and circulatory stimulants4 ,heart stimulants 7strophanthin1 caffeine1 digitalis7 and circulatory stimulants 7sympatol1 priscol1 camphor1 cardiazol7 have therefore to be administered with care in serious cases4 ,the therapeutic routine valid for all clinical treatment is particularly valid for cases of organic damage4 ,,translation ,,of ,,document ,,no-#jje ,,prosecution ,,exhibit #bgi ,,letter ,,from ,,grawitz ,,to ,,himmler1 #bb ,,november #aidd1 ,,requesting ,,prisoners ,,for ,,experiments ,the ,reich ,leader ,,ss ,reich ,physician ,,ss and ,police ,diary ,no4 #ci_/dd ,top ,secret ,berlin ,w4 #ae1 #bb ,november #aidd ,knesebeckstrasse #ej_/ea ,telephone3 #ibdbdi4ibdcgd4ibdcea4ibddjf4 ,top ,secret ,subject3 ,experiment with ,n-substance4 ,reference3 ,order of ,reich ,leader ,,ss of #ae ,may #aidd #b copies1 #ast copy ,to3 ,reich ,leader ,,ss ,h4 ,himmler ,field ,h4 ,q4 ,reich ,leader3 ,the ,chief of the ,technical ,office in the ,,ss ,administrative ,main ,office1 ,,ss ,gruppenfuehrer ,schwab1 contacted me in ,september of this year with the request to furnish him with two doctors1 who as medical experts were to witness experiments with ,n-substance1 which he was carrying out at the time by order of the ,fuehrer4 ,this was above all a matter of the clarification of the question whether ,n-substance was to be considered for chemical warfare or not4 ,for this purpose ,i have furnished my leading pathologist1 ,,ss ,hauptsturmfuehrer ,university ,teacher ,dr4 ,sachs1 as well as the doctor working on the ,ahnenerbe1 ,,ss ,hauptsturmfuehrer ,university ,teacher ,dr4 ,ploetner4 ,in accordance with the experiments carried out on #be ,september #aidd1 the necessity has now arisen to carry out several experiments on human beings for the final clarification of the physiological effect of ,n-substance on and through the human skin4 ,five prisoners are necessary for the execution of these experiments4 ,it is highly improbable that the experiments will cause any permanent damage4 ,in accordance with your order of #ae ,may #aidd1 ,reich ,leader1 ,i have obtained the opinion of ,,ss ,gruppenfuehrer ,professor ,gebhardt1 ,,ss ,gruppenfuehrer ,gluecks1 and ,,ss ,oberfuehrer ,panzinger4 ,they read as follows3 #a4 ,,ss ,gruppenfuehrer ,professor ,dr4 ,gebhardt 8,i am certainly in agreement with suggestion1 and request that the directions for the supervision of the experiments be issued directly by the ,reich ,physician ,,ss and ,police40 #b4 ,,ss ,gruppenfuehrer ,gluecks 8,i have received your letter of #g ,november #aidd with regard to the procurement of five prisoners for the experiments which are to be carried out with ,n-substance4 8,for this purpose ,i have had five prisoners in the ,sachsenhausen concentration camp who have been condemned to death placed in readiness1 on whom these experiments can be carried out40 #c4 ,,ss ,oberfuehrer ,panzinger 8,from the point of view of the criminal police the experiments to be carried out there are to be welcomed4 ,therefore1 no misgivings exist against the handing over of prisoners for inoculation4 8,if political prisoners should be considered1 the ,chief of ,office ,,iv1 ,,ss ,gruppenfuehrer ,mueller would still have to be consulted1 but he will certainly also grant permission40 ,i respectfully request the permission so that the experiments can be initiated4 ,heil ,hitler6 ,signed ,,grawitz stamp ,personal ,staff of ,reich ,leader ,,ss ,received3 #bf ,november #aidd ,no4 #aiia_/dd ,,translation ,,of ,,document ,,no-#aheb ,,prosecution ,,exhibit #def ,,extract ,,from ,,report ,,on ,,medical ,,experiments ,,addressed ,,to ,,karl ,,brandt ,contents ,report4 7#b;d copy7 #b and #c ,phosgene experiments ,ruehl #d and #e ,t-experiments ,letz #f ,aerosol experiment ,letz #g ,natzweiler 7#c;d copy7 #f4 #ast copy #g4 #ast copy 99 99 99 99 99 ,top ,secret #c copies--#c;d copy ,to the ,fuehrer's ,plenipotentiary ,general for ,health and ,medical ,services1 ,surgeon-,general ,professor ,dr4 ,brandt1 ,berlin ,ziegelstrasse #e_/i ,surgical ,clinic at the ,university #gth ,report ,on the protective effect of hexamethylentetramine in phosgene poisoning4 ,experiments were carried out on #dj prisoners on the prophylactic effect of hexamethylentetramine in cases of phosgene poisoning4 ,twelve of those were protected orally1 twenty intravenously1 and eight were used as controls4 ,the method ,the chamber has a capacity of #bj cbm4 ,in experiments ,i to ,,xiv the chamber was given a coat of paint which had a strong deteriorating effect on phosgene4 ,this decrease in concentration was measured after experiment ,,xi2 the curves are shown on chart ,i not reproduced4 ,the greatest decrease measured was taken as basis for the calculations of the average concentration for experiments ,i to ,,xi4 ,in experiments ,,xii to ,,xv1 the initial concentration and its decrease were measured separately in each case4 ,in the tables ,,ii and ,,iii1 co stands for the quantity of phosgene infused into the chamber in mg_/cbm1 cm for the calculated average concentration1 t for the time of reaction4 cm was measured as an arithmetic medium from #e to #g and calculated on the curve values obtained through interpolation4 ,b4 ,the experimental subjects were all persons of middle age1 almost all in a weak and underfed condition4 ,on principle1 the healthier ones were used as controls1 only control number #ci 7,j4 ,rei7 and the orally protected experimental subject ,no4 #cg 7,a4 ,rei7 had a localized cirrhotic productive tuberculosis of the lungs4 ,with the others1 no pulmonary disease could be found4 ,in the first experiments up to #f;g hexamethylentetramine were given orally1 later despite the much higher concentrations #j4jf g_/kg body weight1 orally as well as intravenously4 ,results ,the intravenously protected experimental subjects1 without exception1 all survived the phosgene poisoning with a c4 t4 of #bdg to #e1djj4 ,there were no symptoms of pulmonary oedema after intravenous protection even with a c4 t4 of #b1igj4 ,only experiment ,no4 #aj with a c4 t4 of #c1ifj suffered pulmonary oedema of the first degree1 which was overcome without any therapy and in experiment ,no4 ,,xiv the intravenous protection was penetrated to an extent to cause pulmonary oedema of the #c;d degree1 which however was overcome by oxygen inhalation4 ,the experimental subject recovered4 ,all control subjects fell ill4 ,with a c4 t4 of #gfh and #a1ahj a first degree pulmonary oedema resulted which was overcome4 ,with a c4 t4 of #b1bge1 one control subject died1 the second contracted a second degree pulmonary oedema but recovered4 ,a c4 t4 of #e1djj killed one control subject after #d hours1 the other after #ad hours4 ,after oral protection1 a c4 t4 of #bdg to #gfh was suffered without any oedema1 even when the protective solution of hexamethylentetramine was drunk only #b-c minutes before the inhalation of the phosgene4 ,two control subjects showed a marked oedema with a c4 t4 of #gfh4 ,with a c4 t4 of #a1dhe one protected subject fell seriously ill with a second degree oedema1 a second subject likewise protected1 having breathed the same phosgenic air1 was unaffected4 ,the cause of this striking difference must be sought in the different resorption of the hexamethylentetramine on the one hand and in the different reaction and the different volume of respiration of the experimental subjects on the other hand4 ,even a c4 t4 of #b1bge resulted in only a slight pulmonary oedema in an orally protected test subject1 whereas one control subject died after #d hours1 and a second contracted a second degree pulmonary oedema4 ,the oral protection was penetrated by a c4 t4 of #e1djj1 the protected test subject died1 as did the two control subjects4 ,experiment ,,xv is characteristic of the test schedule and its results1 and will therefore again be specially described4 ,of four test subjects1 the first was protected orally1 the second intravenously1 the third received an intravenous injection of hexamethylentetramine after the poisoning1 in order once more to ascertain the effect of therapeutic treatment1 the fourth was not treated at all4 ,the four subjects were placed in the chamber in which a phial containing #b4g grams of phosgene was smashed4 ,the test subjects remained in this concentration for #be minutes4 ,the phosgene content was measured three times during the inhalation4 ,the readings showed an average concentration of #ia mg4 per cbm4 ,the subject protected intravenously remained healthy1 and did not show the least signs of difficulties or symptoms1 the orally protected subject contracted a slight pulmonary oedema1 subsequently bronchopneumonia and pleurisy1 from which he recovered4 ,one control subject also survived his pulmonary oedema2 the second died a few hours later1 and the autopsy showed the characteristics of very serious pulmonary oedema4 ,summary ,the conclusions of the experiment are impaired by the varying constitutions and the general poor state of nutrition and of physique of the experimental subjects1 as well as by the different behavior and the different volume of respiration of the experimental subjects under gas1 which was here demonstrated for the first time4 ,but the experiments gave the following decisive conclusions3 #a4 ,a previous intravenous injection of #c grams of hexamethylentetramine completely prevents serious toxic and fatal phosgene poisoning from a c4 t4 of #b1bge4 #b4 ,an endurable quantity of hexamethylentetramine taken prophylactically weakens a fatal poisoning to such an extent that it can be overcome without treatment4 c4 t4#b1bge4 #c4 ,nonfatal but nevertheless oedema-producing poisonings are made positively ineffective by intravenous application1 and are weakened by oral application1 c4 t4 #bej to #a1ihj4 #d4 ,the oral application of hexamethylentetramine is no longer effective against phosgene poisoning of a c4 t4#e1djj1 the intravenous injection1 however1 weakens the effect to such an extent that the protected subject is able to overcome a lung oedema4 #e4 ,the dosis letalis minima 7minimum lethal dose7 based on these experiments cannot yet be determined with certainty4 ,one c4 t4 of #b1bge resulted in the death of one experimental subject1 and the second developed second degree oedema of the lungs which was cured4 #f4 ,some of the protected experimental subjects who did not develop oedema of the lungs remained completely healthy1 others suffered from slight bronchitis with a brief fever4 ,in every case they recovered without treatment4 99 99 99 99 99 ,,translation ,,of ,,document ,,no-#igh ,,prosecution ,,exhibit #dhj ,,letter ,,from ,,sievers ,,to ,,gluecks1 #aa ,,september #aidb1 ,,concerning ,,military ,,scientific ,,research ,,work ,,to ,,be ,,conducted ,,at ,,natzweiler ,,concentration ,,camp ,the ,reich ,leader ,,ss ,personal ,staff ,the ,chief of the ,office ,ahnenerbe ,berlin-,dahlem1 #aa ,september #db ,puecklerstr4 #af handwritten secret ,g_/,w_/#ab ,to3 ,,ss ,brigadefuehrer ,gluecks ,berlin-,oranienburg ,subject3 ,military ,scientific ,research in ,connection with the ,natzweiler ,concentration ,camp4 ,reference3 ,personal discussion of the #ith inst4 ,brigadefuehrer1 ,based on my report that1 as proposed by the ,reich ,leader ,,ss1 there is a good possibility for carrying out our military scientific research work in the ,natzweiler concentration camp1 ,i hereby summarize what awaits your approval3 #a4 ,information to the commander's office1 ,natzweiler concentration camp3 ,,ss ,hauptsturmfuehrer ,professor ,dr4 ,hirt1 ,stabsarzt ,dr4 ,wimmer1 and ,dr4 ,kieselbach are authorized to enter the ,natzweiler concentration camp4 ,during their activity in the ,natzweiler concentration camp1 they are to be provided with accommodations and board4 #b4 ,,ss ,oberscharfuehrer ,walbert1 at present supply sergeant in the administration of the ,natzweiler concentration camp1 is to be detached for service with the ,institute for ,military ,scientific ,research1 ,personal ,staff ,reich ,leader ,,ss1 ,strasbourg-,natzweiler section4 ,walbert will have to tend the animals under the supervision of ,,ss ,hauptsturmfuehrer ,professor ,dr4 ,hirt4 ,it is requested that another man be assigned to the administration of the ,natzweiler concentration camp in order to replace ,,ss ,oberscharfuehrer ,walbert4 #c4 ,the transfer of two prisoners from the group which has been trained on the microtome for pathological research in the ,buchenwald concentration camp is requested4 #d4 ,it is furthermore requested1 that a younger physician be assigned to assist the camp medical officer1 ,,ss ,hauptsturmfuehrer ,dr4 ,blanke1 in the ,natzweiler concentration camp4 #e4 ,the experiments which are to be performed on prisoners are to be carried out in four rooms of an already existing medical barrack4 ,only slight changes in the construction of the building are required1 in particular the installation of the hood which can be produced with very little material4 ,in accordance with attached plan of the construction management at ,natzweiler1 ,i request that necessary orders be issued to same to carry out the reconstruction4 #f4 ,all the expenses arising out of our activity at ,natzweiler will be covered by this office4 ,i have already discussed the accounting procedure with the administrative leader1 ,,ss ,obersturmfuehrer ,faschingbauer4 ,in conclusion ,i would be very grateful to you1 my dear ,brigadefuehrer1 if you would inform the commander of the ,natzweiler concentration camp1 that you have approved the execution of the work at ,natzweiler1 just as it was discussed with me there1 and about which ,i reported to you in detail1 and that you desire that we be given assistance in fulfilling the duties with which we have been entrusted by the ,reich ,leader ,,ss4 ,heil ,hitler6 ,signed ,,sievers ,,ss ,obersturmbannfuehrer #b4 ,to ,,ss ,hauptsturmfuehrer ,prof4 ,dr4 ,hirt ,,translation ,,of ,,document ,,karl ,,brandt #ab ,,karl ,,brandt ,,defense ,,exhibit #aa ,,affidavit ,,of ,,dr4 ,,walther ,,schieber ,,on ,,his ,,efforts ,,to ,,purchase ,,experimental ,,animals ,,in ,,spain ,,and ,,bring ,,them ,,to ,,germany ,affidavit #aaa ,i1 ,dr4 ,walther ,schieber1 at present in ,nuernberg1 ,justice ,prison1 have been duly warned that ,i am liable to punishment if ,i make a false statement4 ,i affirm under oath that my deposition corresponds to the truth and was made to be offered in evidence before ,military ,tribunal ,no4 ,i at the ,palace of ,justice1 at ,nuernberg1 ,germany4 ,during the summer of #aidd1 ,professor ,karl ,brandt informed me during discussions concerning the execution of the especially urgently operated ,brandt--and defense--program against chemical warfare agents that he was having considerable difficulties in procuring animals which were needed for test purposes concerning the effect of the top chemical warfare agents and for which he had requests from testing office4 ,at that time the problem was how to convert the production of chemical warfare agents on account of raw material shortage to the production of the top chemical warfare agent ,sarin1 the effect of which would not yet be finally determined4 ,to carry out these tests1 an action to procure animals was started by me in ,spain1 instigated by ,professor ,karl ,brandt2 because of the biological reaction parallels to human beings1 apes resembling men were allegedly needed4 ,an assistant was sent there especially for this purpose4 ,for this1 the armament office offered approximately #bjj1jjj ,swiss francs1 and after my resignation as ,chief of the ,armament ,supply ,office in ,october #aidd from the ,speer ,ministry ,i made strenuous efforts1 together with ,professor ,karl ,brandt1 to have a large number of animals brought by extremely difficult air transportation from ,spain to ,germany4 ,these were put at ,professor ,karl ,brandt's disposal for the testing offices4 ,signed ,,walther ,,schieber ,,translation ,,of ,,document ,,karl ,,brandt #aja ,,karl ,,brandt ,,defense ,,exhibit #da ,,affidavit ,,of ,,dr4 ,,otto ,,ambros1#ci #ba ,,april #aidg1 ,,concerning ,,the ,,urgency ,,of ,,experiments ,,in ,,the ,,field ,,of ,,chemical ,,warfare ,,agents ,,and ,,their ,,countermeasures ,i1 ,dr4 ,otto ,ambros1 at present in ,nuernberg1 ,justice ,prison1 having been duly informed that ,i shall render myself punishable if ,i submit a false affidavit1 declare under oath that my statement is true and was made for presentation in evidence to ,military ,tribunal ,no4 ,i in the ,palace of ,justice1 ,nuernberg1 ,germany4 ,during the war ,i was a director of ,i4 ,g4 ,farben and had to work on chemical warfare agents and protective agents1 and can therefore state the following3 ,i got into touch with ,professor ,dr4 ,karl ,brandt during #aidd4 ,on that occasion ,professor ,brandt told me he had to take an interest in chemical warfare agents and countermeasures4 ,at the same time he showed me a letter from ,adolf ,hitler referring to this subject4 ,furthermore1 he stated that he did not understand very much about chemical warfare1 as he was not an analytical chemist4 ,his primary concern in this field was the question of the supply of materials for gas masks1 i4 e41 activated charcoal and the synthetic materials and textiles which are necessary for these4 ,professor ,brandt visited two poison gas plants at ,dyherrnfurth and ,gendorf1 to become generally acquainted with the nature of poison gas itself4 ,there was the greatest uneasiness at that time regarding protection against chemical warfare1 as it was thought that the ,allies would use poison gas4 ,it was said that they had brought poison gas over with them when they landed at ,tunis4 ,it was also said that the ,russians had new gas masks which fact pointed to the possibility of the use of a new kind of poison gas4 ,on the ,german side1 there was definitely a serious shortage of chemical warfare protective equipment1 as not even the most urgently needed gas masks were available1 nor was it even possible to produce the required number4 ,nuernberg1 #ba ,april #aidg4 ,signature ,,dr4 ,,otto ,,ambros ,,translation ,,of ,,document ,,karl ,,brandt #ajc ,,karl ,,brandt ,,defense ,,exhibit #db ,,affidavit ,,of ,,dr4 ,,walter ,,mielenz1 #ba ,,april #aidg1 ,,concerning ,,the ,,assignment ,,of ,,karl ,,brandt ,,in ,,connection ,,with ,,chemical ,,warfare ,i1 ,dr4 ,walter ,mielenz1 born #bj ,november #ahhh in ,berlin1 residing in ,berlin-,friedenau1 ,ceciliengaerten #de 7business address3 ,berlin-,lichterfelde ,w1 ,kadettenweg #fg1 ,telephone #bdebah71 have been duly advised that ,i shall render myself liable to punishment if ,i give a false affidavit4 ,i declare under oath that my statement is true and was made to be submitted in evidence to ,military ,tribunal ,no4 ,i1 at the ,palace of ,justice1 ,nuernberg1 ,germany4 ,from #aicc to #aide ,i worked at the ,reich ,air ,ministry as an analytical chemist1 technical advisor on the question of the protection of the civilian population against gas4 ,i am familiar with the decree of #a ,march #aidd in which special tasks were assigned to ,professor ,dr4 ,karl ,brandt in connection with chemical warfare4 ,as far as ,i remember1 the decree was worded approximately as follows3 8,i have ordered my ,commissioner ,general for the ,medical and ,health ,service 7,professor ,dr4 ,brandt7 to take a major part in all matters concerning protection against chemical warfare 7of the army and the civilian population7 and to issue orders to the stations 7military and civilian7 established for this purpose4 ,in questions of the protection of the civilian population against chemical warfare1 he must obtain in advance the approval of the ,reich ,air ,minister and ,commander in ,chief of the ,luftwaffe40 ,the decree certainly did not contain any order for research in connection with chemical warfare agents4 ,the reason for the appointment of ,professor ,karl ,brandt was the assumption that the initiation of chemical warfare by the enemy was shortly to be expected4 ,this assumption was based on the fact that intelligence was accumulating1 according to which gas was being prepared in large quantities by the enemy4 ,thus confidential agents reported that poison gas ammunition was being stored at ,tunis and ,dakar1 and these reports were constantly being confirmed4 ,the greatest alarm was caused by the examination of captured ,russian gas masks1 which showed that they afforded protection against far stronger concentrations of poison gas than it had so far been believed possible to achieve at the front4 ,their protective capacity far surpassed that of the ,german ,army and civilian gas masks4 ,from this fact1 it could be concluded that the scientists and technicians of the ,red ,army had succeeded in developing new and particularly effective methods of attack in chemical warfare for known or new chemical warfare agents4 ,the ,german measures for gas defense were totally inadequate in number1 too4 ,the civilian population in particular was exposed almost without defense to gas attacks because the issue of civilian and infants' gas masks in many town and country districts was seriously behind schedule4 ,the relevant figures for civilian gas masks in the different supply areas were between #aj and #gj percent of the population to be equipped1 the average figure being about #cb percent1 and for infants' gas masks1 about #g percent4 ,this estimate is based on the total number of civilian and infants' gas masks manufactured up to that date1 in relation to the total number of persons entitled to supply4 ,this estimate did not take into consideration the fact that1 without doubt a large part of the equipment which1 in some cases had been in the hands of the population for years1 was no longer completely fit for use on account of faulty unsuitable storage1 or had been rendered useless by air raid damage1 evacuation of the owners1 and other reasons1 or lost completely4 ,the losses in civilian gas masks were estimated at about #ae1jjj1jjj 7almost #ej percent of the total output up to that date7 so that for the completion of the initial equipment 7without reserves7 the manufacture of #de1jjj1jjj gas masks had to be planned4 ,in view of these facts1 ,professor ,dr4 ,karl ,brandt was assigned the task of providing with the utmost speed for the improvement of gas defense to avert the danger which threatened4 ,through the initiative of ,professor ,brandt1 the gas defense program was finally given the highest priority and had an equal standing with the program for the construction of fighter planes and tanks4 ,i know that ,professor ,dr4 ,brandt was most strongly opposed to the propaganda demand spread by extreme ,party circles for the initiation of chemical warfare by ,germany4 ,i regularly had to work with ,professor ,karl ,brandt on gas defense and ,i know that in view of their importance and urgency1 he dispatched all matters himself4 ,the ,department of ,science and ,research and its chief1 ,professor ,rostock1 were not concerned with these matters4 ,the ,n-agent was not one of the chemical warfare agents4 ,it is an incendiary agent composed of chlorine and fluorine 7,cl,f#c72 this ,n-agent has never been mentioned in connection with gas defense4 ,i know that there existed in the ,armament ,ministry a special commission for the decontamination of drinking water2 this had neither been established by ,professor ,brandt nor was it under his command4 ,the task of this commission was the production of decontamination equipment but not the development of such equipment1 and especially not the development of new processes for the decontamination of water4 ,the repeated suggestions made by ,professor ,haase in this context were therefore beyond the field of activity of the commission4 ,they were discussed1 however1 at a meeting in ,december #aidd1 at which ,i was present4 ,at this meeting the representatives of the army and the air raid protection service stated that for their sphere1 i4 e41 for the gas defense of the troops and the civilian population1 there was no need to continue this work4 ,professor ,brandt who was present at the meeting had already agreed in advance with the general opinion that the efforts of ,haase did not admit of the expectation of any improvement on the experiences presented for consideration1 and that they should therefore be rejected4 ,he therefore asked me to work towards this end4 ,as far as ,i know1 the commission was never concerned with sea-water experiments4 ,in particular1 to my knowledge1 the commission had no knowledge of human experiments for the testing of agents designed to render sea-water potable4 ,i can state with certainty that the undertaking of gas experiments on human subjects was never spoken of by ,professor ,brandt and myself4 ,moreover1 during discussions with army experts concerned with gas defense and chemical warfare1 ,i never heard that ,professor ,brandt in any way suggested human experiments or otherwise spoke of such experiments4 ,nuernberg1 #ba ,april #aidg ,signature ,,dr4 ,,walter ,,mielenz ----- #ci ,defendant in case of ,united ,states vs4 ,carl ,krauch1 et al4 ,see ,vols4 ,,vii and ,,viii4 #e4 ,,sulfanilamide ,,experiments a4 ,introduction ,the defendants1 ,karl ,brandt1 ,handloser1 ,rostock1 ,schroeder1 ,genzken1 ,gebhardt1 ,blome1 ,rudolf ,brandt1 ,mrugowsky1 ,poppendick1 ,becker-,freyseng1 ,oberheuser1 and ,fischer were charged with special responsibility for and participation in criminal conduct involving sulfanilamide experiments 7par4 #f 7,e7 of the indictment74 ,during the trial the prosecution withdrew this charge in the cases of ,schroeder1 ,blome1 and ,becker-,freyseng4 ,on this charge the defendants ,karl ,brandt1 ,handloser1 ,gebhardt1 ,mrugowsky1 ,oberheuser1 and ,fischer were convicted and the defendants ,rostock1 ,genzken1 and ,poppendick were acquitted4 ,regarding the defendant ,rudolf ,brandt1 the judgment makes no reference to this charge4 ,the prosecution's summation of the evidence on the sulfanilamide experiments is contained in its final brief against the defendant ,gebhardt4 ,an extract from that brief is set forth below on pages #cee to #cfd4 ,a corresponding summation of the evidence by the defense on these experiments has been selected from the closing brief for the defendant ,gebhardt4 ,it appears below on pages #cfd to #cgj4 ,this argumentation is followed by selections from the evidence on pages #cga to #cia4 b4 ,selection from the ,argumentation of the ,prosecution ,,extract ,,from ,,the ,,closing ,,brief ,,against ,,defendant ,,gebhardt 99 99 99 99 99 ,a4 ,,sulfanilamide ,,experiments ,experiments to test the effectiveness of sulfanilamide on infections were conducted in the ,ravensbrueck concentration camp from #bj ,july #aidb until ,august #aidc4 ,these experiments were performed by the defendants ,gebhardt1 ,fischer1 and ,oberheuser4 7,,no-#bbh1 ,pros4 ,ex4 #bjf47 ,gebhardt personally requested ,himmler's permission to carry out the sulfanilamide experiments and their execution was his responsibility4 7,tr4 pp4 #djbd-e47 ,he himself carried out the initial operations4 7,tr4 p4 #djcb47 ,the experimental subjects consisted of #ae male concentration camp inmates1 who were used during the preliminary experiments in ,july #aidb1 and #fj ,polish women who were experimented on in #e groups of #ab subjects each4 ,the purpose of the experiments was stated in a preliminary report by ,gebhardt dated #bi ,august #aidb1 in which he stated3 8,by order of the ,reich ,leader ,,ss1 ,i started on #bj ,july #aidb at ,ravensbrueck concentration camp for women on a series of clinical experiments with the aim of analyzing the sickness known as gas gangrene1 which does not take a uniform course1 and to test the efficacy of the known therapeutic medicaments4 8,in addition1 the simple infections of injuries which occur as symptoms in war surgery had also to be tested2 and a new chemo-therapeutic treatment1 apart from the known surgical measures1 had to be tried out40 7,,no-#bgcd1 ,pros4 ,ex4 #dgc47 ,the sulfanilamide experiments1 as substantially all of the experiments with which the case is concerned1 were directly related to the ,german war effort4 ,allied propaganda about the 8miracle drug0 sulfanilamide was having considerable effect on the confidence of the ,german soldiers in their medical officers4 ,heavy casualties had been sustained from gas gangrene on the ,russian front in the winter of #aida-db4 ,the theoretical question to be answered by these experiments was whether the wounded should be treated surgically in the front line hospitals or should be treated by field medical officers with sulfanilamide and then sent down the long lines of communication to a base hospital for further treatment4 7,tr4 pp4 #djaj-ad47 ,the same report cited above states that the defendant ,fischer was appointed by ,gebhardt as his assistant2 ,dr4 ,blumenreuter1 a subordinate of the defendant ,genzken1 made available the surgical instruments and medicines2 the defendant ,mrugowsky put his laboratory and co-workers at the disposal of ,gebhardt2 and ,dr4 ,lolling1 chief medical officer of all concentration camps1 assigned ,dr4 ,schiedlausky and the defendant ,oberheuser as co-workers4 ,this preliminary report concerns itself with the early experiments on #ae male subjects to determine a mode of infection with gangrene4 ,gebhardt was assisted by the ,hygiene ,institute of the ,waffen ,,ss1 which made available the bacteria and gave advice on the method of bringing about gangrene infection artificially4 ,the experimental technique was described in the report as follows3 8,the point was to implant the lymph cultures on the damaged muscle tissue1 to isolate the latter from atmospheric and humoral oxygen supply1 and to subject it to internal tissue pressure4 ,the inoculation procedure was as follows3 a longitudinal cut of #aj centimetres over the musculus peroneus longus2 after incision into the fascia the muscle was tied up with forceps in an area the size of a five-,mark piece2 an anaemic peripheral zone was created by injection of #c cc4 adrenalin and in the area of the damaged muscle the inoculation material 7a gauze strip saturated with bacteria7 was imbedded under the fascia1 subcutaneous adipose tissue and skin sutured in layers40 7,,no-#bgcd1 ,pros4 ,ex4 #dgc47 ,in the first series of experiments the subjects were infected with staphylococci1 streptococci1 para oedema malignum1 bacteria ,fraenkel1 and earth4 ,the resulting infections were not considered serious enough1 and a conference was held with the ,hygiene ,institute of the ,waffen ,,ss and the bacteria used in bringing about the infections were changed4 ,six additional male subjects were then infected1 but again the results were not considered serious enough4 ,after further consultation with the collaborators in the ,hygiene ,institute of the ,waffen ,,ss1 the infectious material was changed by adding wood shavings4 ,during the course of these experiments the subjects were treated with various types of sulfanilamides1 including catoxyn and marfanil-prontalbin1 the latter being strongly recommended by the ,army ,medical ,inspectorate4 ,efforts continued to make the gangrene infection more serious1 and the report concluded with the following paragraph3 8,we are now investigating the problem as to why the gangrene in the present cases did not fully develop4 ,therefore1 the injuring of the tissue and the exclusion of a muscle from the circulation of the blood were undertaken during a separate operating session1 and the large-scale necrosis resulting therefrom1 was to be inoculated with bacteria strain which had already had one human passage4 ,for it is only when the really definite clinical picture of the gangrene has appeared that conclusions may be drawn on therapy with chemo-therapeutics in connection with surgical operations40 ,emphasis supplied4 7,,no-#bgcd1 ,pros4 ,ex4 #dgc47 ,this report was certified as a correct copy by the defendant ,poppendick4 ,in his zealousness to protect his fellow defendants1 ,gebhardt testified that neither the ,hygiene ,institute of the ,waffen ,,ss nor the defendant ,mrugowsky played any part in these experiments1 and that the infectious material was sent to him by ,grawitz4 7,tr4 p4 #dagi47 ,this is clearly contradicted by his own report cited above4 ,following the conclusion of the preliminary experiments on the male prisoners1 experiments were continued on female ,polish inmates4 ,the affidavit of the defendant ,fischer states that three series of operations were performed1 each involving #aj persons1 one using the bacterial culture and fragments of wood1 the second using bacterial culture and fragments of glass1 and the third using culture plus glass and wood4 7,,no-#bbh1 ,pros4 ,ex4 #bjf47 ,these experiments were undertaken during the month of ,august #aidb4 ,while ,fischer speaks of experimental groups of #aj persons each1 the defendant ,gebhardt testified that the groups were composed of #ab experimental subjects4 7,tr4 p4 #djef47 ,on #c ,september #aidb1 after #cf women had been experimented on1 ,reich ,physician ,,ss ,grawitz visited ,ravensbrueck and inspected the experimental subjects4 ,he asked ,gebhardt how many deaths had occurred1 and when it was reported that there had been none1 he stated that the experiments did not conform to battlefield conditions4 7,,no-#bbh1 ,pros4 ,ex4 #bjf2 ,tr4 p4 #djeg47 ,in order to make the gangrene infections still more severe1 a new series of experiments involving #bd ,polish female inmates was carried out4 ,in this series the circulation of blood through the muscles was interrupted in the area of infection by tying off the muscles on either end4 ,this series of experiments resulted in very serious infections and a number of deaths occurred4 7,,no-#bbh1 ,pros4 ,ex4 #bjf47 ,gebhardt1 ,fischer1 and ,oberheuser all admit that three of the experimental subjects died as a result of the experiments4 7,,no-#bbh1 ,pros4 ,ex4 #bjf2 ,tr4 pp4 #djei1 #edib47 ,other evidence1 however1 proves that five died as a direct result of the experiments and six were executed by shooting at a later date4 7,tr4 pp4 #adch1 #addi1 #gig1 #hde1 #hfc47 ,four of the ,polish women who were subjected to these experiments testified before the ,tribunal4 ,most of the women who were used as subjects had been active in a resistance movement4 7,tr4 pp4 #ghg1 #haf1 #hdj1 #heg47 ,only healthy inmates were used4 7,tr4 pp4 #ghf1 #hae1 #hcf1 #hef1 #hfj-a47 ,none of them volunteered for the experiments4 7,tr4 pp4 #ghi1 #hai1 #hdb1 #hdd-e1 #hfa47 ,on the contrary1 they protested against the experiments both orally and in writing4 7,tr4 pp4 #ghi1 #gid1 #hbc-e47 ,they stated that they would have preferred death to continued experiments1 since they were convinced that they were to die in any event4 7,tr4 pp4 #gie1 #hbd1 #hfc47 ,they testified that #gd ,polish women1 #a ,german1 and #a ,ukrainian woman were experimented upon4 7,tr4 pp4 #adch1 #gif1 #hah1 #hfb47 ,since ,gebhardt placed the total number of ,polish female experimental subjects in the sulfanilamide experiments at #fj1 the additional #af women mentioned by the witnesses may well have been subjects in the bone1 muscle1 and nerve regeneration experiments4 7,tr4 p4 #adfb47 ,the witness ,kusmierczuk was one of the subjects in the sulfanilamide experiments4 ,she is a ,polish national and arrived in the ,ravensbrueck concentration camp in the fall of #aida4 7,tr4 p4 #heg47 ,she was operated on in ,october #aidb and a severe infection developed in her case4 7,tr4 p4 #heh47 ,she remained in the hospital from ,october #aidb until ,april #aidc1 but her wound was still not healed at the time she was discharged from the hospital4 ,her condition deteriorated and she was readmitted to the hospital on #a ,september #aidc4 7,tr4 p4 #hfj47 ,she left the hospital the second time in ,february #aidd1 but her wound did not finally heal until ,june #aidd4 7,tr4 p4 #hfa47 ,she identified the defendants ,gebhardt1 ,fischer1 and ,oberheuser as having participated in the experiment upon her4 7,tr4 p4 #hfj47 ,kusmierczuk suffered permanent injuries as a result of this experiment1 and her condition was described by the expert witness ,dr4 ,leo ,alexander4 7,tr4 pp4 #hfd-i47 ,the post-operational care of this woman was not handled by ,gebhardt and ,fischer1 but by the camp doctors4 ,on the occasion of her second admission to the hospital in ,september #aidc1 ,kusmierczuk was operated on by ,dr4 ,treite in an effort to cure the deep-seated infection4 7,tr4 p4 #hfa47 ,see photographs1 pp4 #hih to #ijh4 ,the expert witness ,maczka1 who worked as an ,x-ray technician in the ,ravensbrueck concentration camp during the course of the experiments1 testified concerning deaths of the five ,polish experimental subjects resulting from the sulfanilamide experiments4 ,weronica ,kraska developed typical tetanus symptoms a few days after the experimental operation was performed on her4 ,after a brief illness she died under cramps caused by tetanus4 7,tr4 p4 #adch47 ,kazimiera ,kurowska was artificially infected with gangrene bacillus4 ,she was a healthy ,polish girl of #bc years4 ,from day to day her leg became blacker and more swollen4 ,she was given care for only the first few days4 ,after that she was taken to ,room #d in the hospital where she lay for days in unbelievable pain and finally died4 ,maczka was able to observe this case personally and in her opinion immediate amputation would have saved her life4 7,tr4 pp4 #adci-dj47 ,it is quite clear that if a ,german soldier's life had been endangered by gangrene infection1 an amputation would have been undertaken immediately4 ,in this experiment1 where the very effort was to develop a serious gangrene infection and to test the effects of sulfanilamide preparations1 it is equally clear why the leg of ,kurowska was not amputated4 ,aniela ,lefanowicz was infected with oedema malignum4 ,her leg kept swelling more and more1 the blood vessels eroded1 and she died from bleeding4 ,maczka testified that the blood vessels should have been tied off and an amputation carried out in order to save her life4 ,she was completely neglected after the first #b or #c days4 7,tr4 pp4 #addj-a47 ,zofia ,kiecol died under similar circumstances4 7,tr4 p4 #adda47 ,alfreda ,prus was infected with oedema malignum the same day as the witnesses ,kusmierczuk1 ,kiecol1 and ,lefanowicz4 ,she was a beautiful1 young #ba-year-old girl1 and a university student4 ,she proved to be stronger than ,kiecol and ,lefanowicz and for that reason she lived a few days longer4 ,she suffered terrible pain and finally died of hemorrhage4 7,tr4 pp4 #aadb-c47 ,kusmierczuk was the only subject to survive that series of experiments4 7,tr4 p4 #addc47 ,it is hardly necessary to point out that all of the experimental subjects suffered severe pain and torture4 7,tr4 pp4 #gij-a1 #hjb1 #hbj1 #hdb1 #hei2 ,,no-#hgf1 ,pros4 ,ex4 #bbe2 ,,no-#hga1 ,pros4 ,ex4 #bbg2 ,,no-#hgg1 ,pros4 ,ex4 #bbh47 ,the ,tribunal was able to observe for itself the mutilations to which the ,polish witnesses were subjected1 and pictures of their scars were introduced to form a permanent part of the record4 7,,no-#ajgi;a1 b1 and c1 ,pros4 ,ex4 #bji2 ,,no-#ajha;a1 and b1 ,pros4 ,ex4 #baa2 ,,no-#ajhb;a1 b1 and c1 ,pros4 ,ex4 #bad2 ,,no-#ajhj;a-g1 ,pros4 ,ex4 #bai47 ,the post-operational care of the experimental subjects was entirely inadequate4 7,,no-#hgc1 ,pros4 ,ex4 #bbf47 ,many of the subjects were given neither medicine nor morphine by order of defendant ,oberheuser4 7,,no-#hgg1 ,pros4 ,ex4 #bbh47 ,they were given bandages from time to time when the doctors felt like it4 ,sometimes they waited #c days1 sometimes #d days4 ,there was a terrible odor of pus in the rooms4 ,the girls were forced to help each other4 7,tr4 p4 #addd47 ,post-operational care1 such as it was1 was administered by the camp doctors4 ,the witness ,broel-,plater testified that3 8,my leg pained me2 ,i felt severe pain1 and blood flowed from my leg4 ,at night we were all alone without any care4 ,i heard only the screaming of my fellow prisoners1 and ,i heard also that they asked for water4 ,there was nobody to give us any water or bed pans40 7,tr4 p4 #gij47 ,the witness ,karolewska testified that3 8,i was in my room and ,i made the remark to fellow prisoners that we had been operated on under very bad conditions and were left here in this room1 and that we were not given even the possibility to recover4 ,this remark must have been heard by a ,german nurse who was sitting in the corridor because the door of our room leading to the corridor was open4 ,the ,german nurse entered the room and told us to get up and dress4 ,we answered that we could not follow her order because we had great pains in our legs and could not walk4 ,then the ,german nurse came into our room with ,dr4 ,oberheuser4 ,dr4 ,oberheuser told us to dress and go to the dressing room4 ,we put on our dresses2 and1 being unable to walk1 we had to hop on one leg going to the operating room4 ,after one hop we had to rest4 ,dr4 ,oberheuser did not allow anybody to help us4 ,when we arrived at the operating room quite exhausted1 ,dr4 ,oberheuser appeared and told us to go back because a change of dressing would not take place that day4 ,i could not walk1 but somebody1 a prisoner whose name ,i do not remember1 helped me to get back to the room40 7,tr4 p4 #hbb47 ,at least five human lives were sacrificed in the sulfanilamide experiments1 while an additional six were shot after having survived the operations4 ,all the surviving victims suffered terrible pains and were crippled for life4 ,nevertheless1 the experiments were not even scientifically successful4 ,the results1 as reported by ,gebhardt and ,fischer at the ,third ,conference of the ,consulting ,physicians of the ,wehrmacht at the ,military ,medical ,academy in ,berlin in ,may #aidc1 were not adopted1 and medical directives were issued which required the continued use of sulfanilamide4 7,gebhardt1 ,fischer1 ,oberheuser #c1 ,gebhardt1 ,fischer1 ,oberheuser ,ex4 #aj47 ,the sulfanilamide experiments were entirely unnecessary1 since similar results could have been achieved by the treatment of wound infections of ,german soldiers normally contracted during the course of the war4 7,tr4 pp4 #cccd1 #ccch47 ,gebhardt does not seriously contend that the experimental subjects were volunteers4 ,he admitted that he did not know whether the women consented4 ,he testified he was not interested in that4 ,he left it to the 8legal authorities40 ,he did not discuss this matter with ,himmler4 7,tr4 p4 #dbad47 ,by legal authorities1 ,gebhardt meant ,himmler who1 as he said1 8had the power to execute thousands of people by a stroke of his pen40 7,tr4 p4 #djbe47 ,gebhardt1 however1 showed no interest whatever in the moral or legal character of that power4 ,at one point in his testimony1 he stated that the subjects were nonvolunteers forced to submit to the experiments by the ,state4 7,tr4 p4 #djfd47 ,at still another point1 they were 8more or less volunteers1 condemned persons40 7,tr4 p4 #djba47 ,gebhardt's defense1 if it can be dignified with that word1 is rather that the ,polish women had been condemned to death for participation in a resistance movement and that by undergoing the experiments1 voluntarily or otherwise1 they were to have their death sentences commuted to some lesser degree of punishment whereby they would at least not be executed4 ,this was no bargain reached with the experimental subjects2 their wishes were not consulted in the matter4 ,it was1 according to ,gebhardt1 left to the good faith of someone unnamed to see to it the death sentence was not carried out on the survivors of the experiments4 ,certainly ,gebhardt assumed no responsibility1 or even interest1 in this matter4 ,the prosecution points out1 in connection with this alleged defense1 that the proof shows that the experimental subjects who testified before this ,tribunal were never so much as accorded a trial2 they had no opportunity to defend themselves against whatever crimes they were said to have committed4 ,they were simply arrested and interrogated by the ,gestapo in ,poland and sent to a concentration camp4 ,they had never so much as been informed that they had been marked for1 not sentenced to1 death4 7,tr4 p4 #hca47 ,article #cj of the ,regulations ,respecting the ,laws and ,customs of ,war on ,land annexed to the ,hague ,convention expressly provides that even a spy 8shall not be punished without previous trial40 ,the alleged defense of ,gebhardt is accordingly without merit4 ,gebhardt would have the ,tribunal believe that but for the experiments all these ,polish girls would be dead2 that he preserved the evidence now being used against him4 ,nothing could be further from the truth4 ,there is no proof in the record that these women would have been executed if they had not undergone the experiments4 ,the witness ,maczka is living proof of the contrary4 ,she was arrested for resistance activities on #aa ,september #aida1 and shipped to ,ravensbrueck on #ac ,september4 7,tr4 p4 #adcc47 ,she was not an experimental subject yet she lives today4 ,substantially all the ,polish experimental subjects arrived in ,ravensbrueck in ,september #aida4 7,tr4 pp4 #ghh1 #hag1 #hdj47 ,these girls had not been executed by ,august #aidb when the experiments began4 ,indeed1 it was a surprise to ,gebhardt1 according to his testimony1 that they were used at all since during ,july #aidb the experiments were conducted on men4 ,there were some #gjj ,polish girls in that transport4 7,,no-#hgg1 ,pros4 ,ex4 #bbh2 ,tr4 p4 #dbaf47 ,there is no evidence that a substantial number were ever executed even though most of them were not experimented on4 ,no1 the proof has shown beyond controversy that these ,polish women could not have been legally executed4 ,the right to grant pardons in cases of death sentences was exclusively vested in ,hitler by a decree of #a ,february #aice1 ,reich ,law ,gazette ,r,g,bl1 ,i1 page #gd4 7,,no-#cjgj1 ,pros4 ,ex4 #eca47 ,on #b ,may #aice1 ,hitler delegated the right to make negative decisions on pardon applications to the ,reich ,minister of ,justice4 7,,no-#cjga1 ,pros4 ,ex4 #ecb47 ,on #cj ,january #aidj 7,r,g,bl1 ,i1 p4 #cii71 ,hitler delegated to the ,governor ,general for the occupied ,polish territories the authority to grant pardons and to make denying decisions in pardon matters for the occupied ,polish territories4 7,,no-#cjgb1 ,pros4 ,ex4 #ecc47 ,by edict1 dated #h ,march #aidj1 ,,vob#a ,,ggp ,i p4 #ii1 the ,governor ,general of occupied ,poland ordered with reference to the execution of the right to pardon in the case of death sentences that3 8,the execution of a death sentence pronounced by a regular court1 a special court or a police court martial shall take place only when my decision has been issued not to make use of my right to pardon40 ,emphasis supplied4 7,,no-#cjgc1 ,pros4 ,ex4 #ecd47 ,assuming arguendo that the experimental subjects had all committed substantial crimes1 that they were all properly tried by a duly constituted court of law1 that they were legally sentenced to death1 it is still clear from the decrees set forth above that these women could not have been legally executed until such time as the ,governor ,general of occupied ,poland had decided in each case not to make use of his pardon right4 ,there has been no proof that the ,governor ,general had ever acted with respect to pardoning the ,polish women used in the experiments1 or1 for that matter1 any substantial number of those not used in the experiments4 ,the only reason these #gjj ,polish women were transported from ,warsaw and ,lublin to ,ravensbrueck was because the ,governor ,general had not approved their execution4 ,otherwise they would have been immediately executed in ,poland4 ,at the very least1 these women were entitled to remain unmolested so long as the ,governor ,general took no action4 ,he may never have acted or1 when he did1 he may have acted favorably on the pardon4 ,the affidavit of ,schiedlausky1 the camp doctor at ,ravensbrueck1 shows that the ,governor ,general had not turned down a pardon when the experiments started4 ,he said on page four of the original3 8,polish women who had been sentenced to death by court martial and who were awaiting execution1 after their sentences had been approved by the ,governor ,general1 were chosen as subjects40 7,,no-#ejh1 ,pros4 ,ex4 #bbd47 ,at still a later point1 on page #ae of the original1 he said3 8,during my tour of duty at ,ravensbrueck1 ,i estimate that about #be women were executed by shooting4 ,they were exclusively ,polish women1 who were already prisoners1 whose sentences were only approved after a long time by the ,governor ,general40 ,emphasis added4 ,schiedlausky was in ,ravensbrueck from ,december #aida until the middle of ,august #aidc4 ,during that long period of time only #be of over #gjj ,polish inmates were made eligible for execution by action of the ,governor ,general4 ,who is to say that the majority of these #gjj ,polish women did not live through the war even though they did not undergo the experiments8 ,certainly it was incumbent on the defense to prove the contrary by a preponderance of the evidence4 ,this it did not do by any evidence4 ,the defendants ,gebhardt1 ,fischer1 and ,oberheuser cannot claim that they believed in good faith that the ,polish women could have been legally executed4 ,even the camp doctor ,schiedlausky knew that the ,governor ,general had to approve the execution4 ,moreover1 the large number of #gjj women being sentenced to death at this early stage of the war was enough to put any reasonable person on notice that something was wrong4 ,additionally1 the uncontradicted evidence proves that survival of the experiments was no guarantee whatever of avoiding execution in any event4 ,at least six of the experimental subjects were executed after having survived the experiments4 7,tr4 pp4 #addi1 #gig1 #hde1 #hfc47 ,the names of the ,polish girls who were shot were ,pajaczkowska1 ,gans1 ,zielonka1 ,rakowska1 ,sobolewska1 and ,gutek4 7,,no-#hgc1 ,pros4 ,ex4 #bbf2 ,,no-#hfa1 ,pros4 ,ex4 #bcb47 ,it was not a question of experimentation or execution but experimentation and execution4 ,indeed1 in ,february #aide1 an effort was made to execute all the experimental subjects4 ,they were ordered to report to one block and remain there4 ,they were informed that they would be transferred to the ,gross-,rosen concentration camp1 but it was common knowledge that ,gross-,rosen was already in the hands of the ,allies4 ,they1 therefore1 knew that they were going to be executed and so took different identification numbers and hid themselves4 ,this was possible because of disorganization in the camp4 7,tr4 pp4 #adej-a1 #hfb-c2 ,,no-#hgf1 ,pros4 ,ex4 #bbe2 ,,no-#hgg1 ,pros4 ,ex4 #bbh47 ,if one takes the case of the defense at its face value1 the ,tribunal is in effect asked to rule that it is legal for military doctors of a nation at war to experiment on political prisoners of an occupied country who are condemned to death1 to experiment on them in such a way that they may suffer death1 excruciating pain1 mutilation1 and permanent disability--all this without their consent and in direct aid of the military potential of their enemy4 ,there is no valid reason for limiting such a decision to civilian prisoners2 the experiment would certainly have been no worse had it been performed on ,polish or ,american prisoners of war4 ,it is impossible to consider seriously the ruling being sought for by the defense4 c4 ,selection from the ,argumentation of the ,defense ,,extract ,,from ,,the ,,closing ,,brief ,,for ,,defendant ,,gebhardt 99 99 99 99 99 ,the ,sulfanilamide ,experiments ,of all medical experiments forming the subjects of the indictment1 the experiments for testing sulfanilamides were undoubtedly the most directly connected with the war4 ,the problem of wound infection is one with which every nation at war must concern itself especially in modern warfare4 ,this problem is not only one of great importance to the life and health of the individual wounded soldier1 but it may have a decisive effect on the strategical position and on the outcome of the war itself through the resultant gaps in the ranks4 ,already the ,first ,world ,war showed that the majority of soldiers do not die on the battlefield itself and that in most cases death is not the direct result of a wound1 but that the heavy losses must be attributed to infection of wounds received4 ,these experiences have been confirmed in the ,second ,world ,war and the special conditions prevailing in ,russia and the climatic conditions due to the winter there have shown even more than in the ,first ,world ,war that wound infection was a medical and tactical problem of the highest importance for the troops and their health4 ,as regards details1 ,i refer to statements made in this connection on the witness stand by several defendants in these proceedings4 ,consequently1 it could not come as a surprise that in this war1 too1 efforts were made to deal with wound infection not only by using surgical measures1 but that a way was sought to prevent the formation and spreading of bacterial infections or at least to confine them within reasonable limits by using chemical preparations4 ,such efforts seemed the more called for as the war in the ,east not only meant an immense strain on the resources in material and personnel in general1 but also in view of the fact that especially the supply of the army troops and the ,waffen ,,ss with medical officers and1 above all1 with trained field surgeons became more and more difficult4 ,had it been possible to assist the field medical officers at the front and at the main dressing stations with a reliable and effective chemo-therapeutic preparation against bacterial wound infection1 progress of vast importance would have been achieved4 ,on the other hand1 however1 it was impossible to overlook the fact that the introduction of a chemo-therapeutic preparation which did not operate safely involved a certain amount of danger to an effective medical care of the wounded and consequently to the war potential of the wounded and consequently to the war potential of the ,german ,wehrmacht and its striking power4 ,in his lecture on the chemo-therapy of wound infection as delivered before the ,first ,conference ,east of the ,consulting ,specialists on #ah ,may #aidc1 which ,i submitted as part of the report dealing with this conference1 7,gebhardt1 ,fischer1 ,oberheuser #a1 ,gebhardt1 ,fischer1 ,oberheuser ,ex4 #f47 ,professor ,dr4 ,rostock referred to the great danger of chemo-therapy1 i4 e41 the possibility 8of making negligent physicians careless in the surgical aspect of wound dressing1 since they may place a certain trust in chemo-therapy40 ,this warning was all the more in order since1 at that time there was not only complete uncertainty as regards the effects of sulfanilamides1 but also because there was a divergence in opinions as to the efficacy of this preparation4 ,it has been clearly shown by the evidence that1 in spite of close observation of the effects of sulfanilamides in peace time and in war1 it was impossible to answer this question4 ,opinions were very much divided4 ,while some were convinced of the efficacy of these preparations in connection with wound infections1 and ascribed extraordinarily good results to them1 others were of the opinion that these chemical preparations could at the best be used as a supplement and that if used by themselves1 they did not have the properties to prevent bacterial infection resulting from combat wounds4 ,with regard to the details ,i refer to the statements of the defendants ,karl ,brandt1 ,handloser1 ,rostock1 ,gebhardt1 and ,fischer and to ,gebhardt ,exhibits #f1 #g1 and #aj as submitted by me during the hearing of the evidence4 ,in this respect1 it is highly interesting to review the scientific discussions of the consulting specialists as contained in the report on the ,first ,conference ,east on #ah and #ai ,may #aidb4 7,gebhardt1 ,fischer1 ,oberheuser #a1 ,gebhardt1 ,fischer1 ,oberheuser ,ex4 #f47 ,these discussions which took place prior to the sulfanilamide experiments comprising the subject of the indictment give a true picture of the situation as it was at that time with regard to the efficacy of sulfanilamides4 ,in this respect we are able to distinguish three sharply defined groups4 ,in the group which rejected the chemo-therapeutic treatment of wound infection1 ,geheimrat ,professor ,sauerbruch was the leader4 ,he emphatically voiced the opinion that these chemical preparations tend to obscure surgical work and to lead to perfunctory treatment4 ,he requested that the preparations should be critically tested1 that is to say1 the test should be made by surgeons experienced in general surgery4 ,in the other camp there were surgeons who claimed to have obtained extraordinarily favorable results in the chemo-therapeutical treatment of bacterially infected wounds4 ,among them was ,dr4 ,krueger1 the ,berlin professor of surgery1 who claimed to have observed a favorable effect of sulfanilamide in as many as #e1jjj cases4 ,to the third group belonged the surgeons1 bacteriologists1 and pathologists who took the view that nothing definite could be said as yet as to the effects and the efficacy of sulfanilamides as agents in the fight against bacterially infected wounds and that further tests along these lines would have to be made4 ,thus it can be said that after the experiences of the ,russian winter campaign of #aida-aidb1 the fight against bacterial wound infections1 and the question of the efficacy of the sulfanilamides had become a military-medical and medical-tactical problem of the first importance1 about which opinions differed widely4 ,a solution of this problem was the more urgent as an answer had to be found quickly1 and on the other hand the fact was not to be disregarded that the experiences gained during nearly #aj years of peace and war in clinics as well as in laboratories were insufficient to answer this question4 ,the ,order for the ,execution of these ,experiments ,the evidence has shown that the order to ascertain the effectiveness of the sulfanilamides by experiments on human beings was given directly by the ,head of ,state and ,supreme ,commander of the ,wehrmacht4 ,hitler's order was not at first submitted by ,himmler to the defendant ,gebhardt1 but to ,dr4 ,grawitz1 ,reich ,physician of the ,,ss and police4 ,however1 the evidence showed further that another circumstance arose which from the point of view of time at least caused the order for these experiments to be given1 viz1 the death of the ,chief of the ,reich ,security ,main ,office1 ,general of the ,waffen ,,ss ,reinhardt ,heydrich1 who in ,may #aidb was assassinated in ,prague4 ,for the details ,i refer to the testimony of ,gebhardt in the witness box on this matter4 ,heydrich's death is connected with the experiments themselves only insofar as1 at that time1 the charge was leveled that ,heydrich's life could have been saved if sulfanilamides1 and especially a certain sulfanilamide preparation1 had been administered to the wounded man in sufficient quantities4 ,the whole problem of sulfanilamide therapy came to the fore once more in this one case1 and then in such an obvious manner that the ,head of ,state himself gave the order to clarify by way of all-out experiments the question which for a long time had been of general importance for the fighting troops at the front4 ,within the scope of this evaluation of evidence1 it is irrelevant to enter into the details which resulted in the experiments being carried out by the defendant ,gebhardt himself4 ,against the strict order of the ,reich ,physician ,,ss ,grawitz1 ,gebhardt carried out the experiments not by deliberately inflicting bullet wounds but by causing an infection while observing all possible precautionary measures4 ,it was further shown by the evidence that the experiments were started with #ae habitual criminals who had been sentenced to death and who had been transferred from the concentration camp ,sachsenhausen to ,ravensbrueck4 ,in view of the fact that this part of the experiment is not a subject of the indictment1 it seems to be unnecessary to enter into this matter4 ,it should1 however1 be kept in mind that at the conference on #a ,june #aidb1 at which the conditions for the experiments were determined in detail--the defendant ,gebhardt has described this conference in detail and ,i am referring to this--it was understood that the experiments should be carried out with the male habitual criminals who had been sentenced to death and who were to be pardoned in case of survival4 ,the ,experimental ,arrangements for the ,sulfanilamide ,experiments ,it was shown by the evidence that the experiments for testing the effectiveness of the sulfanilamides were carried out in three groups4 ,the first group included #ae men 7habitual criminals74 ,this group has nothing to do with the charges of the indictment and it is therefore superfluous to enter into this matter more closely4 ,the second group included #cf female prisoners who had been members of the ,polish ,resistance ,movement and who1 for this reason1 had been sentenced to death by the ,german court martial in the ,general ,government4 ,this second group was divided into #c subgroups of #ab experimental persons each4 ,as to the particulars of the provisions for the experiments1 ,i refer to the testimony of the defendants ,gebhardt and ,fischer in the witness box4 ,contrary to the first group1 contact substances were used in this second group to accelerate the process of infection4 ,the contact substances were inserted into the open wound together with the germs4 ,sterile and pulverized glass and sterile wood particles were used as contact substances4 ,these contact substances took the place of earth and uniform particles and were to produce war-like conditions for the wounds1 without1 however1 producing at the same time the general dangers created by infection of the wound by earth and parts of clothing4 ,as in the case of the first group1 staphylococci1 streptococci1 and gas gangrene bacilli were used as agents4 ,but the contention of the indictment that tetanus germs were also used is incorrect4 ,on the contrary1 the evidence has proved that the treatment of tetanus did not come within the scope of these experiments4 ,there was all the less reason for this as it was realized long ago by ,german military surgery that the sulfanilamide preparations are not suitable for the effective prevention of traumatic tetanus4 ,here ,i refer to the directives for the chemo-therapeutical treatment of wound infection which were issued at the ,first ,working ,conference ,east of the ,consulting ,specialists in ,may #aidc 7,gebhardt1 ,fischer1 ,oberheuser #a1 ,gebhardt1 ,fischer1 ,oberheuser ,ex4 #f7--that is prior to the performance of the sulfanilamide experiments charged in the indictment4 ,in these directives it is expressly pointed out that the outbreak of traumatic tetanus cannot be prevented by means of the sulfanilamides and that tetanus anti-toxin has to be administered as usual4 ,during the presentation of evidence1 only the witness ,dr4 ,maczka maintained that tetanus was actually used in one individual case4 ,this witness did not make her own observations of the case but drew conclusions based exclusively on the pathological picture presented by one of the experimental subjects according to her statements4 ,in view of the fact that even according to the testimony of this witness tetanus bacilli were employed only in one individual case1 the assertion of this witness can hardly be taken as a true representation of the facts1 for if it had really been the intention of the defendant ,gebhardt to determine the effect of sulfanilamides on tetanus too1 one experimental subject would certainly not have been sufficient1 and more experiments would have been necessary before a final decision regarding this question could possibly have been made4 ,the third group consisted of #bd experimental subjects who were not treated with any sort of contagion--unlike the procedure applied to the second group--but only had part of the muscle ligatured4 ,the defendants ,gebhardt and ,fischer have given detailed evidence regarding these new experimental arrangements1 how they originated1 what considerations had to be regarded1 and what part was played by ,,ss ,reich ,physician ,dr4 ,grawitz4 ,with regard to these details ,i refer to the testimony of the defendants in the witness box4 ,the experimental subjects were treated with sulfanilamides as described by the defendants in the witness box4 ,a few persons were not treated with sulfanilamides but were used as control subjects4 ,but that did not mean that these persons were not treated at all4 ,as the evidence has proved1 all experimental subjects were treated1 namely by surgical measures if the sulfanilamides did not prove effective against the inflammation4 ,for this reason too the experimental subjects to whom sulfanilamides were applied1 and where the inflammation did not pass away by itself1 were given direct surgical treatment under observance of the generally recognized principles of surgery1 particularly as developed in ,germany by ,gebhardt's teacher ,professor ,dr4 ,lexer4 ,this direct surgical treatment resulted in the scars which the court has seen on the experimental subjects questioned as witnesses4 ,as explained by ,professor ,dr4 ,alexander1 the expert produced by the prosecution1 these scars are the result not of the bacteriological infection but of the operations performed in order to eliminate this infection4 ,in the prosecution case1 four experimental subjects were called to give evidence4 ,in addition1 the prosecution submitted a series of affidavits given by other persons used as experimental subjects4 ,the statements of the four witnesses questioned in court coincide largely with the testimony given by the defendants ,gebhardt1 ,oberheuser1 and ,fischer themselves in the witness box4 ,for this reason alone it appears expedient and sufficient for the pronouncement of a just sentence and for the establishment of the true facts to base the sentence exclusively on the testimony of these four witnesses together with the statements of the defendants themselves4 ,this is not only in accordance with the principle of direct and oral proceedings in court prevailing in any modern criminal procedure and which should not be departed from without urgent reason1 but also such handling of the case seems suitable because the statements of the four witnesses are identical essentially so that they themselves1 together with the statements given by the defendants1 can be regarded as a safe basis for a finding--apart from one point which ,i shall go into later4 ,in addition1 the affidavits submitted by the prosecution not only differ in essential points from the statements made by the witnesses in court1 but are inconsistent and contradictory in themselves as well4 ,this is shown1 above all1 by the fact that in several of these affidavits contentions are quite obviously made which are not based on personal and factual observation1 but have become known to these witnesses by hearsay4 ,the affidavits1 moreover1 fail to represent the circumstances in clear chronological order1 which makes the whole matter all the more doubtful1 as it was proved by the evidence that in the ,ravensbrueck camp experiments were obviously also performed by other physicians with whom the defendant in this case had no connection4 ,considerable doubts also exist regarding the statements made by the witness ,dr4 ,maczka4 ,the prosecution has submitted two affidavits given by this witness as part of its evidence4 ,when questioned in court1 this witness could not maintain the most incriminating contentions which appeared in the two affidavits4 ,under these circumstances1 the court has to consider whether it regards the statements of this witness as sufficiently reliable to enter into the judgment4 ,i would answer this question in the negative1 not only because she had to revoke the most essential points of her previous affidavits1 but because a large part of her testimony was based not on her own observations1 but either on information obtained from other prisoners or on conclusions drawn by her4 99 99 99 99 99 d4 ,evidence ,prosecution ,documents ,doc4 ,no4 ,pros4 ,ex4 ,no4 ,description of ,document ,page ,,no-#bbh #bjf ,affidavit of defendant ,fischer1 #cga #ai ,november #aidf1 concerning sulfanilamide experiments conducted in the concentration camp ,ravensbrueck4 ,,no-#dgb #bcd ,affidavit of the defendant #cgf ,fischer1 #ba ,october #aidf1 supplementing his affidavit concerning sulfanilamide experiments4 ,,no-#ajhj ,a1 ,e1 ,f #bai ,a1 ,e1 ,f ,exposures of the witness ,maria #ija ,kusmierczuk who underwent sulfanilamide and bone experiments while an inmate of the ,ravensbrueck concentration camp4 7,see ,selections from ,photographic ,evidence of the ,prosecution47 ,,no-#ajhb ,a1 ,c #bad ,a1 ,c ,exposures of the witness ,jadwiga #ijc ,dzido who underwent sulfanilamide and bone experiments while an inmate of the ,ravensbrueck concentration camp4 7,see ,selections from ,photographic ,evidence of the ,prosecution47 ,defense ,documents ,doc4 ,no4 ,def4 ,ex4 ,no4 ,description of ,document ,gebhardt1 ,gebhardt1 ,fischer1 ,extract from affidavit of ,dr4 #cgg ,fischer1 ,oberheuser ,ex4 #bj ,karl ,friedrich ,brunner1 #ad ,oberheuser #ba ,march #aidg4 ,gebhardt1 ,gebhardt1 ,fischer1 ,extract from report on the ,first #cgg ,fischer1 ,oberheuser ,ex4 #f ,conference ,east of ,consulting ,oberheuser #a ,specialists on #ah and #ai ,may #aidb at the ,military ,medical ,academy1 ,berlin4 ,gebhardt1 ,gebhardt1 ,fischer1 ,extracts from report on the #cgh ,fischer1 ,oberheuser ,ex4 #aj ,third ,conference ,east of ,oberheuser #c ,consulting ,specialists on #bd to #bf ,may #aidc at the ,military ,medical ,academy1 ,berlin4 ,testimony ,extracts from the testimony of prosecution witness ,jadwiga ,dzido #cha ,extracts from the testimony of the prosecution expert witness ,dr4 #chf ,leo ,alexander ,extracts from the testimony of defendant ,gebhardt #chh ,,partial ,,translation ,,of ,,document ,,no-#bbh ,,prosecution ,,exhibit #bjf ,,affidavit ,,of ,,defendant ,,fischer1 #ai ,,november #aidf1 ,,concerning ,,sulfanilamide ,,experiments ,,conducted ,,in ,,the ,,concentration ,,camp ,,ravensbrueck ,,affidavit ,i1 ,fritz ,ernst ,fischer1 having been duly sworn1 depose and state under oath3 ,i am a doctor of medicine1 having been graduated from the ,university of ,hamburg4 ,i passed my state examination in #aicf4 ,on #ac ,november #aici ,i was inducted into the ,waffen ,,ss and after having served with a combat division as medical officer1 ,i was hospitalized and then assigned to the ,,ss hospital at ,hohenlychen1 as assistant surgeon4 ,in addition to my normal duties as surgeon at the ,,ss hospital at ,hohenlychen1 ,i was ordered by ,professor ,gebhardt to begin medical experiments in my capacity as assistant surgeon to ,professor ,gebhardt on or about #ab ,july #aidb4 ,the purpose of the proposed experiments was to determine the effectiveness of sulfanilamide1 which ,i was informed at that time was a matter of considerable importance to military medical circles4 ,according to the information which ,i received from ,professor ,gebhardt1 these experiments were directed initially by the ,reich ,leader ,,ss and the ,reich ,physician ,dr4 ,grawitz4 ,professor ,gebhardt instructed me1 before the operations were undertaken1 on the techniques to be followed and the procedure to be employed4 ,the persons who were to be the subjects of these experiments were inmates of the concentration camp at ,ravensbrueck who had been condemned to death4 ,the administrative procedure which was followed in obtaining the subjects for the experiments was established by ,professor ,gebhardt with the camp commandant at ,ravensbrueck4 ,after the initial arrangements had been made1 it was the general practice to inform the medical officer at ,ravensbrueck as to the date on which a series of experiments was to be begun and the number of patients who would be required1 and then he took the matter up with the commandant of the camp1 by whom the selections of subjects were made4 ,before an operation was undertaken1 the persons who had been selected in accordance with this procedure were given a medical examination by the camp physician to determine their suitability for the experiments from a medical standpoint4 ,the first of the series of experiments involved five persons4 ,the gangrenous bacterial cultures for use in the experiments were obtained from the ,hygiene ,institute of the ,waffen ,,ss4 ,the procedure followed in the operations was as follows3 ,the subject received the conventional anesthetic of morphine-atropine1 then evipan ether4 ,an incision was made #e to #h centimeters in length and #a to #a centimeters in depth1 on the outside of the lower leg in the area of the peronaeus longus4 ,the bacterial cultures were put in dextrose1 and the resulting mixture was spread into the wound4 ,the wound was then closed and the limb encased in a cast1 which had been prepared1 which was lined on the inside with cotton so that in the event of swelling of the affected member the result of the experiment would not be influenced by any factor other than the infection itself4 ,the bacterial cultures used on each of the five persons varied both as to the type of bacteria used and the amount of culture used4 ,after the initial operations had been performed1 ,i returned to ,ravensbrueck each afternoon to observe the progress of the persons who had been operated on4 ,no serious illnesses resulted from these initial operations4 ,i reported the progress of the patients to ,professor ,gebhardt each night4 ,when the five persons first operated on were cured1 another series of five was begun4 ,the surgical procedure and the post-operative procedure was the same as in the initial experiments1 but the bacterial cultures were more virulent4 ,the results from this series were substantially the same as in the first and no serious illnesses resulted4 ,since no inflammation resulted from the bacterial cultures used in the first two series of operations1 it was determined1 as a result of correspondence with ,dr4 ,mrugowsky1 the ,chief of the ,hygiene ,institute of the ,waffen ,,ss1 and conversations with his assistant1 to change the type of bacterial culture in the subsequent operations4 ,using the new culture1 two more series of operations were performed1 each involving five persons4 ,the difference between the third and fourth series was in the bacterial cultures used4 ,the ,hygiene ,institute of the ,waffen ,,ss prepared them from separate combinations of the three or four gangrene cultures which were available4 ,in the third and fourth series1 more pronounced infection and inflammation were discernible at the place of incision4 ,their characteristics were similar to a normal1 local infection1 with redness1 swelling1 and pain4 ,the circumference of the infection was comparable in size to a chestnut4 ,upon the completion of the fourth series1 the camp physician informed me that the camp commandant had instructed him that male patients would no longer be available for further experiments1 but that it would be necessary to use female inmates4 ,accordingly1 five women were prepared for the operation1 but ,i did not operate on them4 ,i reported the change of situation to ,professor ,gebhardt and suggested that in view of these circumstances1 it would be desirable to stop the experiments4 ,he did not adopt this suggestion1 however1 and pointed out that it was necessary for me as an officer to carry out the duties which had been assigned to me4 ,the experiments1 however1 were interrupted for a period of #b weeks1 during which ,professor ,gebhardt told me he had discussed the matter in ,berlin and had been instructed to carry on the experiments1 using ,polish female prisoners who had been sentenced to death4 ,in addition1 he instructed me to speed up the experiments since the ,reich ,physician1 ,dr4 ,grawitz1 intended to go to ,ravensbrueck soon to test the results of the experiments4 ,accordingly1 ,i went to ,ravensbrueck and operated on the female prisoners4 ,since the infections which resulted from the first four series of experiments were not typical of gangrenous battlefield infections1 we communicated with the ,hygiene ,institute of the ,waffen ,,ss to determine what steps could be taken more nearly to simulate infections caused by battle4 ,as a result of this correspondence and a conference at ,hohenlychen presided over by ,professor ,gebhardt1 it was decided to add tiny fragments of wood shavings to the bacterial cultures1 which would simulate the crust of dirt customarily found in battlefield wounds4 ,as a result of this conference1 three series of operations were performed1 each involving #aj persons1 one using the bacterial culture and fragments of wood1 the second using bacterial culture and fragments of glass1 and the third using the culture plus glass and wood4 ,about two weeks after these new series were begun1 ,dr4 ,grawitz visited ,ravensbrueck4 ,professor ,gebhardt introduced him to me and explained to him the general nature of the work4 ,professor ,gebhardt then left1 and ,i explained to ,dr4 ,grawitz the details of the operations and their results4 ,dr4 ,grawitz1 before ,i could complete my report on the procedures used and the results obtained1 brusquely interrupted me and observed that the conditions under which the experiments were performed did not sufficiently resemble conditions prevailing at the front4 ,he asked me literally1 8,how many deaths have there been80 and when ,i reported that there had not been any1 he stated that that confirmed his assumption that the experiments had not been carried out in accordance with his directions4 ,he said that the operations were mere flea bites and that since the purpose of the work was to determine the effectiveness of sulfanilamide on bullet wounds it would be necessary to inflict actual bullet wounds on the patients4 ,he ordered that the next series of experiments to be undertaken should be in accordance with these directions4 ,that same evening1 ,i discussed these orders of ,dr4 ,grawitz with ,professor ,gebhardt and we both agreed that it was impossible to carry them out1 but that a procedure would be adopted which would more nearly simulate battlefield conditions without actually shooting the patients4 ,the normal result of all bullet wounds was a shattering of tissue1 which did not exist in the initial experiments4 ,as a result of the injury1 the normal flow of blood through the muscle is cut off4 ,the muscle is nourished by the flow of blood from either end4 ,when this circulation is interrupted1 the affected area becomes a fertile field for the growth of bacteria2 the normal reaction of the tissue against the bacteria is not possible without circulation4 ,this interruption of circulation usual in battle casualties could be simulated by tying off the blood vessels at either end of the muscle4 ,two series of operations1 each involving #aj persons1 were begun following this procedure4 ,in the first of these1 the same bacterial cultures were used as were developed in the third and fourth series1 but the glass and wood were omitted4 ,in the other series1 streptococci and staphylococci cultures were used4 ,in the series using the gangrenous culture a severe infection in the area of the incision resulted within #bd hours4 ,eight patients out of ten became sick from the gangrenous infection4 ,cases which showed symptoms of an unspecific or specific inflammation were operated on in accordance with the doctrine and manner of septic surgery4 ,the ,lexer doctrine formed the basis of the procedure4 ,the technique is that an incision in the area of the gangrene is made1 from healthy tissue to healthy tissue on either side4 ,the wound and fascian corners were laid open1 the gangrenous blisters swabbed1 and a solution of ,h#b,o#b 7hydrogen peroxide7 was poured over them4 ,the inflamed extremity was immobilized in a cast4 ,with most patients it was possible to improve the gangrenous condition of the entire infected area in this manner4 ,in the series in which banal cultures of streptococci and staphylococci were used1 the severe resultant infection with accompanying increase in temperature and swelling did not occur until #gb hours later4 ,four patients showed a more serious picture of the disease4 ,in the case of these patients1 the normal professional technique of orthodox medicine was followed as outlined above1 and the inflamed swelling split4 ,due to the slight virulence of the bacteria it was possible in the case of all patients except one to prevent the threatened deadly development of the disease4 ,the incisions were made on the lower part of the leg only in all series to make an amputation possible4 ,it was not made on the upper thigh because then no area for amputation would remain4 ,however1 in this series the inflammation was so rapid that there was no remedy and no amputations were made4 ,since after the tying up of the circulation of the muscles1 a very severe course of infection was to be expected1 #e grams of sulfanilamide were given intravenously in the amount of #a gram each1 beginning #a hour after the operation4 ,after the wound was laid open to expose all its corners1 sulfanilamide was shaken into the entire area and the area was drained by thick rubber tubes4 ,the infection normally reached an acute stage over a period of #c weeks1 during which time ,i changed the bandages daily4 ,after the period of #c weeks the condition was normally that of a simple wound which was dressed by the camp physicians rather than by me4 ,the procedure prescribed for the post-operative treatment of the patients was to give them three times each day #a cc4 of morphine1 and when the dressings were changed1 to induce an esthesia by the use of evipan4 ,in all the series of experiments1 except the first1 sulfanilamide was used after the gangrenous infection appeared4 ,in each series two persons were not given sulfanilamide as a control to determine its effectiveness4 ,when sulfanilamide and the bacteria cultures together were introduced into the incision no inflammation resulted4 99 99 99 99 99 ,my behavior towards all patients was very considerate1 and ,i was very careful in the operations to follow standard professional procedure4 ,in ,may #aidc1 on the occasion of the ,fourth ,conference of the ,consulting ,physicians of the ,wehrmacht1 a report was made by ,professor ,gebhardt and myself as to these operations4 ,this medical congress was called by ,professor ,handloser1 who occupied the position of ,surgeon ,general of the ,armed ,forces1 and was attended by a large number of physicians1 both military and civilian4 ,in my lecture to the meeting ,i reported on the operations frankly1 using charts which demonstrated the technique used1 the amount of sulfanilamide administered1 and the condition of the patients4 ,this lecture was the focal point of the conference4 ,professor ,gebhardt spoke about the fundamentals of the experiments1 their performance and their results1 and then asked me to describe the technique4 ,he began his lecture with the following words3 8,i bear the full human1 surgical1 and political responsibility for these experiments40 ,this lecture was followed by a discussion4 ,no criticism was raised4 ,i am convinced that all the physicians present would have acted in the same manner as ,i4 ,subsequent to my repeated urgent requests1 ,i went to the front as surgeon immediately after this conference4 ,only after ,i was wounded did ,i return as a patient to ,hohenlychen4 ,i never entered the ,ravensbrueck camp again4 ,i protested vigorously against these experiments on human beings1 endeavored to prevent them1 and to limit their extension after they had been ordered4 ,in order not to be forced to participate in these experiments1 ,i repeatedly volunteered for front-line service4 ,insofar as it was in my power1 ,i tried to dissuade ,doctor ,koller and ,doctor ,reissmayer from performing these experiments4 ,i declined habilitation at the ,university of ,berlin because ,i felt that it might result in my being obliged to carry on additional experiments at ,ravensbrueck4 ,after ,i succeeded in scientific discoveries of the highest practical importance1 that is1 the solution of the cancer problem and its therapy1 ,i did not communicate this fact to ,professor ,gebhardt and did not publish this work in order not to be ordered again to carry out experiments4 ,,fritz ,,ernst ,,fischer ,,translation ,,of ,,document ,,no-#dgb ,,prosecution ,,exhibit #bcd ,,affidavit ,,of ,,the ,,defendant ,,fischer1 #ba ,,october #aidf1 ,,supplementing ,,his ,,affidavit ,,concerning ,,sulfanilamide ,,experiments 99 99 99 99 99 #c4 ,at the conference of ,may #aidc1 which ,i described on page #ab of my affidavit 7last paragraph7 the following officials were present to the best of my recollection3 ,dr4 ,paul ,rostock as chairman of the conference2 ,dr4 ,siegfried ,handloser1 who was then the ,chief of the ,medical ,service of the ,german ,armed ,forces1 who had sent out the invitations to the meeting2 ,professor ,karl ,brandt1 who sat in the center of the front row2 ,dr4 ,leonardo ,d4 ,conti1 the ,reich ,health ,leader2 ,professor ,dr4 ,sauerbruch2 ,dr4 ,frey2 and ,professor ,heubner4 ,the ,medical ,service of the ,luftwaffe was represented by ,dr4 ,hippke1 who was the ,chief of the ,medical ,service of the ,luftwaffe2 and by ,dr4 ,oskar ,schroeder4 ,the ,medical ,service of the ,waffen ,,ss was represented by its chief1 ,dr4 ,karl ,genzken4 ,dr4 ,helmut ,poppendick1 who was the ,chief of ,staff of the ,reich ,physician ,,ss and ,police1 and ,dr4 ,grawitz were also present4 99 99 99 99 99 #e4 ,it was made perfectly clear during the speeches made by ,dr4 ,gebhardt and myself that the experiments were conducted on inmates of a concentration camp4 #f4 ,six months after this1 the #ajth anniversary of the hospital at ,hohenlychen was celebrated4 ,dr4 ,karl ,brandt1 ,dr4 ,siegfried ,handloser1 ,dr4 ,leonardo ,d4 ,conti1 and ,professor ,dr4 ,sauerbruch were invited to the celebrations4 #g4 ,when the sulfanilamide experiments started1 ,i was told by ,professor ,gebhardt1 my military and medical superior1 that these experiments were being carried out by order of the ,chief of the ,medical ,office of the ,wehrmacht and the ,chief of the ,state ,medical ,office1 with the initial order from ,hitler1 and ,i must therefore carry out these orders4 #h4 ,dr4 ,herta ,oberheuser and ,dr4 ,schiedlausky assisted me in the sulfanilamide experiments4 #i4 ,as a result of these experiments1 three people died4 ,signed ,,fritz ,,ernst ,,fischer ,,translation ,,of ,,gebhardt1 ,,fischer1 ,,oberheuser ,,document #ba ,,gebhardt1 ,,fischer1 ,,oberheuser ,,defense ,,exhibit #bj ,,extract ,,from ,,affidavit ,,of ,,dr4 ,,karl ,,friedrich ,,brunner1 #ad ,,march #aidg ,i only heard of the sulfanilamide experiments on human beings at ,ravensbrueck after their conclusion through the public report made by ,professor ,gebhardt and ,dr4 ,fischer before the ,third ,conference ,east of ,consultant ,specialists of #bd and #bf ,may #aidc at the ,military ,medical ,academy1 ,berlin4 ,i attended this conference as ,stabsarzt in the army from a military reserve hospital in ,berlin4 ,later on ,i read a report in the directives4 ,professor ,dr4 ,gebhardt did not speak to us about this point subsequently4 ,on the other hand1 the existence of this sulfanilamide experiment was known and was not kept secret1 although even foreigners were continuously to be found among the assistants1 as1 for instance1 the ,swiss surgeon1 ,dr4 ,meyer1 during my time4 ,,translation ,,of ,,gebhardt1 ,,fischer1 ,,oberheuser ,,document #a ,,gebhardt1 ,,fischer1 ,,oberheuser ,,defense ,,exhibit #f ,,extract ,,from ,,report ,,on ,,the ,,first ,,conference ,,east ,,of ,,consulting ,,specialists ,,on #ah ,,and #ai ,,may #aidb ,,at ,,the ,,military ,,medical ,,academy1 ,,berlin 99 99 99 99 99 ,directives for the chemo-therapy of wound infections ,the treatment of war wounds with sulfanilamide preparations in order to combat wound infections seems to have prospects4 ,in stock now in the medical stores are3 prontalbin-marfanil powder1 prontosil1 neo-uleron-albucid1 eubasinum1 sulfapyridine-cibazol1 and eleudron pills4 ,traumatic tetanus cannot be prevented by these preparations2 tetanus antitoxin must therefore be given as usual4 ,chemotherapeutics are not a safe precaution against gas oedemata4 ,the collection of further experiences in this field is especially desirable4 ,when treating war wounds1 an operative arrangement of the wound must first be made by removing the dead tissue and opening all cavities of the wound4 ,then the remedy is applied with a powder distributor or with dredging boxes1 in dosages of from #e-bj grams according to the size of the wound4 ,this is repeated whenever a change of dressing is necessary4 ,independently of the change of dressing1 and spread evenly over the day1 the patient is given #h grams on the first day1 #f grams on the second day1 #e grams on the third day and on each of the fourth1 fifth1 and sixth days1 #d grams of sulfanilamide preparations per os 7if necessary1 rectal or intravenous injections74 ,then the drug treatment is discontinued and started again if necessary4 ,the earlier this treatment is begun the better are its chances4 ,local treatment with the available sulfanilamide powders together with an internal treatment with albucid1 cibazol1 eleudron1 eubasinum1 globucid 7particularly for gas oedema71 marfanil-prontalbin1 protosil is suggested4 ,if1 in rare cases1 secondary reactions occur such as nausea1 vomiting1 diarrhea1 buzzing in the ears1 headaches1 skin rashes1 or icterus1 these remedies must be discontinued at once4 ,a blood transfusion may be useful4 99 99 99 99 99 ,,partial ,,translation ,,of ,,gebhardt1 ,,fischer1 ,,oberheuser ,,document #c ,,gebhardt1 ,,fischer1 ,,oberheuser ,,defense ,,exhibit #aj ,,extracts ,,from ,,report ,,on ,,the ,,third ,,conference ,,east ,,of ,,consulting ,,specialists ,,on #bd ,,to #bf ,,may #aidc ,,at ,,the ,,military ,,medical ,,academy1 ,,berlin 99 99 99 99 99 #e4 ,,ss ,gruppenfuehrer and ,major ,general1 ,professor ,gebhardt1 and ,f4 ,fischer4 ,special ,experiments on ,sulfanilamide ,treatment ,,conclusions 8#a4 ,the development of suppuration on the soft parts caused by bacteriae cannot be prevented1 even if sulfanilamides are applied immediately1 locally1 or internally4 8#b4 ,it could not be proved that the course of an inflammatory illness caused by aerobic organisms on abscesses and phlegmons of the limbs was influenced by sulfanilamides4 ,we were of the impression that combined gas gangrene therapy took a milder course under the influence of sulfanilamides4 8#c4 ,surgical measures are indispensable for a successful treatment of inflammations40 ,additional ,remarks ,the sprinkling of sulfanilamide powder on wounds can be injurious1 if1 by so doing1 the fundamentals of surgery are infringed1 if1 for instance1 the powder basis is not dissolved by the tissue fluids1 and if the discharge of secretions is hampered by coagulation4 ,the wounds treated with sulfanilamide powder show a slight tendency to exudation4 ,hypothesis of ,functions ,the inflammation on the mesodermal soft parts shows a tendency towards necrosis at an early stage4 ,the necrosis is the seat of the bacterial culture4 ,its surroundings show thrombosed vessels4 ,access to it by chemo-therapeutic reagents is very difficult4 99 99 99 99 99 ,directives for the ,application of ,sulfanilamides ,experiments 7,gebhardt-,fischer7 showed the following results3 ,even the immediate internal and external application of sulfanilamide preparations cannot prevent a suppuration of the soft parts due to ordinary suppurative organisms4 ,it could not be proved that the course of the inflammatory disease caused by anaerobions is influenced by sulfanilamides4 ,the sulfanilamides seemed to have an easing effect on the course of combined gangrene therapy4 ,disorders caused by sulfanilamides 7,randerath7 are relatively rare4 ,they occur directly as liver disorders including acute yellow liver atrophy1 as kidney disorders1 and as agranulocytosis4 ,therefore1 as far as is possible under front-line conditions1 the white and red blood count should be controlled4 ,the decrease of the body temperature caused by an infection of the central regulatory system may be looked upon as an indirect disorder1 so that the temperature curve permits no conclusions as to the development of the wound infection4 ,furthermore1 local powder treatment may lead to an occasional increase in the depth of the wound infection4 ,direct injury to the tissue at the spot where the preparations were applied was not observed4 ,the endolumbal application of the sulfanilamides 7,mueller7 must also be rejected for the treatment of meningitis1 since it leads to serious disturbances in the region of the spinal cord and may result in paralysis4 ,the clinical discourse 7,frey7 emphasized the decrease of optimistic and the increase of critical opinions4 ,the clinical doctor considers the principal disorders to be anorexia1 nausea1 and increasing exhaustion4 ,early application in the wound itself is essential for the efficacy4 ,the enteral or parenteral inducing of sulfanilamide drugs cannot prevent wound infections1 but can favorably influence its course4 ,the following rules for practice therefore result3 ,all surface wounds1 that is1 grazing shot wounds1 sulcus-shaped wounds and large gaping wounds of the soft parts should be sprinkled as soon as possible with sulfanilamide powder4 ,the powder treatment is of no use if the depths of the wound are not reached4 ,it is ineffective to powder the small wounds caused by the penetration and exit of the bullet4 ,the powdering of the skin is senseless and may cause eczema4 ,deeper wounds must be treated in the quickest and most thorough manner4 ,after this1 the wound can be additionally treated with sulfanilamide powder which must reach the deepest cavities4 ,it is not advisable to powder granulating wounds4 ,if the powder treatment cannot be applied during the first hours or does not seem to suffice1 a pororal application of sulfanilamides should take its place or be performed supplementarily4 ,front-line conditions will not always allow intravenous injections4 ,according to the danger of a wound infection1 the wound should be treated for a short time with large doses of sulfanilamides 7#f-aj grams during #c-d days1 not more than a total of #ej grams74 ,on the whole1 small doses are insufficient and therefore have no influence on the course of an infection1 but if applied too long they may be injurious4 ,suitable preparations are preferably eleudron1 cibazol1 and globucide4 ,if possible1 the treatment should be applied by a medical officer4 ,wounds endangered by gas oedema--and this means all large and deep muscle wounds--should1 in addition to the local and oral treatment with sulfanilamide1 also be treated with gangrene serum4 ,at subsequent operations1 for example resection of the ribs1 empyema of the chest1 secondary sutures1 and late amputations1 the new wound caused by the operation may be powdered adequately with sulfanilamides when bleeding has stopped4 ,the thoroughness of the surgical wound treatment should in no way be lessened even by the additional application of sulfanilamides4 ,abdominal gunshot wounds can also be treated with sulfanilamide powder 7about one tablespoon7 or the sulfanilamide may be induced into the abdominal cavity in the form of an emulsion4 ,,extracts ,,from ,,the ,,testimony ,,of ,,prosecution ,,witness ,,jadwiga ,,dzido#dj ,,direct ,,examination ,,mr4 ,,hardy3 ,witness1 what is your full name8 ,,witness ,,dzido3 ,jadwiga ,dzido4 ,q4 ,do you spell that ,j-a-d-w-i-g-a1 last name spelled ,d-z-i-d-o8 ,a4 ,yes4 ,q4 ,witness1 you were born on #bf ,january #aiah8 ,a4 ,yes4 ,q4 ,you are a citizen of ,poland8 ,a4 ,yes4 ,q4 ,have you come here to ,nuernberg voluntarily to testify8 ,a4 ,yes4 ,q4 ,would you kindly tell the ,tribunal your present home address8 ,a4 ,warsaw1 ,garnoslonska #ad4 ,q4 ,witness1 are you married8 ,a4 ,no4 ,q4 ,are your parents living8 ,a4 ,no4 ,q4 ,what education have you received8 ,a4 ,i finished elementary school and high school at ,warsaw4 ,in #aicg ,i started to study pharmacology at the ,university of ,warsaw4 ,q4 ,did you graduate from the ,university in ,warsaw8 ,a4 ,no4 ,q4 ,what did you do after you had finished school in the ,university of ,warsaw8 ,a4 ,i started studying pharmacology at the ,university1 and then when ,i was studying the second year1 the war broke out4 ,q4 ,what did you do after the war broke out8 ,a4 ,in #aici ,i was working in a pharmacy during the holidays4 ,q4 ,were you a member of the ,resistance ,movement8 ,a4 ,in the autumn of #aidj ,i entered the ,resistance ,underground4 ,q4 ,what did you do in the ,resistance ,movement8 ,a4 ,i was a messenger4 ,q4 ,then were you later captured by the ,gestapo and placed under arrest8 ,a4 ,i was arrested by the ,gestapo on #bh ,march #aida4 ,q4 ,what happened to you after your arrest by the ,gestapo8 ,a4 ,i was interrogated by the ,gestapo in ,lublin1 ,lukow1 and ,radzin4 ,q4 ,and what happened after that8 ,a4 ,in ,lublin1 ,i was beaten while naked4 ,q4 ,did you then receive any further treatment from the ,gestapo1 or were you released8 ,a4 ,i stayed in ,lublin #f weeks in the cellar of the ,gestapo building4 ,q4 ,then were you sent to the ,ravensbrueck concentration camp8 ,a4 ,on #bc ,september #aida1 ,i was transported to the ,ravensbrueck concentration camp4 ,q4 ,were you told why you were sent to the concentration camp in ,ravensbrueck8 ,a4 ,no1 ,i was not told4 ,q4 ,were you ever given a trial in any ,german court8 ,a4 ,never4 ,q4 ,who sent you to ,ravensbrueck concentration camp8 ,a4 ,all the prisoners in the prison at ,lublin were sent there1 and ,i went with them4 ,q4 ,now will you tell the ,court1 ,miss ,dzido1 in your own words what happened to you after you arrived at ,ravensbrueck8 ,a4 ,when ,i arrived in the ,ravensbrueck concentration camp1 ,i thought that ,i would stay there till the end of the war4 ,the living conditions in the prison were such that we could not live there any longer4 ,in the camp we had to work1 but in the camp it was not so dirty1 and there were not so many lice as used to be in the prison4 ,q4 ,what work did you do in the camp1 ,witness8 ,a4 ,i did physical work inside or outside the camp4 ,q4 ,were you ever operated on in the ,ravensbrueck concentration camp8 ,a4 ,i was operated on in ,november #aidb4 ,q4 ,will you kindly explain the circumstances of this operation to the ,tribunal8 ,a4 ,in #aidb great hunger and terror reigned in the camp4 ,the ,germans were at the zenith of their power4 ,you could see haughtiness and pride on the face of every ,,ss woman4 ,we were told every day that we were nothing but numbers1 that we had to forget that we were human beings1 that we had nobody to think of us1 that we would never return to our country1 that we were slaves1 and that we had only to work4 ,we were not allowed to smile1 to cry1 or to pray4 ,we were not allowed to defend ourselves when we were beaten4 ,there was no hope of going back to my country4 ,q4 ,now1 ,witness1 did you say that you were operated on in the ,ravensbrueck concentration camp on #bb ,november #aidb8 ,see photographs1 pp4 #hih-ijh4 ,a4 ,yes4 ,q4 ,now1 on #bb ,november #aidb1 the day of this operation1 will you kindly tell the ,tribunal all that happened during that time8 ,a4 ,that day the policewoman1 camp policewoman1 came with a piece of paper where my name was written down4 ,the policewoman told us to follow her4 ,when ,i asked her where we were going1 she told me that she didn't know4 ,she took us to the hospital4 ,i didn't know what was going to happen to me4 ,it might have been an execution1 transport for work1 or operation4 ,dr4 ,oberheuser appeared and told me to undress and examined me4 ,then ,i was ,x-rayed4 ,i stayed in the hospital4 ,my dress was taken away from me4 ,i was operated on #bb ,november #aidb in the morning4 ,a ,german nurse came1 shaved my legs1 and gave me something to drink4 ,when ,i asked her what she was going to do with me she did not give me any answer4 ,in the afternoon ,i was taken to the operating room on a small hospital trolley4 ,i must have been very exhausted and tired and that is why ,i don't remember whether ,i got an injection or whether a mask was put on my face4 ,i didn't see the operating room4 ,when ,i came back ,i remember that ,i had no wound on my leg1 but a trace of a sting4 ,from that time ,i don't remember anything till ,january4 ,i learned from my comrades who lived in the same room that my leg had been operated on4 ,i remember what was going on in ,january1 and ,i know that the dressings had been changed several times4 ,q4 ,witness1 do you know who performed the operation upon your leg8 ,a4 ,i don't know4 ,q4 ,now1 you say that you had dressings changed4 ,who changed the dressings on your leg8 ,a4 ,the dressings were changed by ,drs4 ,oberheuser1 ,rosenthal1 and ,schiedlausky4 ,q4 ,did you suffer a great deal while these dressings were being changed8 ,a4 ,yes1 very much4 ,q4 ,witness1 will you step down from the witness box and walk over to the defendants' dock and see if you can recognize anyone in that dock as being at ,ravensbrueck concentration camp during the period and during the time that you were operated on8 ,a4 7,witness points47 ,q4 ,will you point to the person again that you recognized1 ,witness8 ,a4 7,witness points47 ,q4 ,and who is that1 ,witness8 ,a4 ,dr4 ,oberheuser4 ,,mr4 ,,hardy3 ,may we request that the record so show that the witness has identified the defendant ,oberheuser8 ,,presiding ,,judge ,,beals3 ,the record will so show4 ,,mr4 ,,hardy3 ,do you recognize anyone else in that dock1 ,witness8 ,,witness ,,dzido3 ,yes4 ,q4 ,point out who else you recognize1 ,witness8 ,a4 7,witness points47 ,q4 ,who is that1 ,witness8 ,a4 ,this man ,i saw only once in the camp4 ,q4 ,do you know who that man is1 ,witness8 ,a4 ,i know4 ,q4 ,who is that man1 ,witness8 ,a4 ,dr4 ,fischer4 ,,mr4 ,,hardy3 ,will the record so show that the witness has properly identified the defendant ,fischer as being at the ,ravensbrueck concentration camp8 ,,presiding ,,judge ,,beals3 ,the record will so show4 ,,mr4 ,,hardy3 ,witness1 do you have any other details to tell the ,tribunal about your operation8 ,,witness ,,dzido3 7,no answer47 ,q4 ,witness1 how many times were you operated on8 ,a4 ,once4 ,q4 ,when ,dr4 ,oberheuser attended you1 was she gentle in her treatment toward you8 ,a4 ,she was not bad4 ,q4 ,witness1 have you ever heard of a person named ,binz in the ,ravensbrueck concentration camp8 ,a4 ,i know her very well4 ,q4 ,do you remember what time your friends were called to be operated on in ,august of #aidc8 ,a4 ,yes4 ,q4 ,will you kindly tell the ,tribunal some of the details there and the names of the persons who were to be operated on8 ,a4 ,in the spring of #aidc the operations were stopped4 ,we thought that we could live like that till the end of the war4 ,on the #aeth of ,august a policewoman came and called ten girls4 ,when she was asked what for1 she answered that we were going to be sent to work4 ,we knew very well that all prisoners belonging to our transport were not allowed to work outside the camp4 ,the chief of the block where we were living was forbidden under capital punishment to let us outside the camp4 ,that's why we know that it was not true4 ,we didn't want to let our comrades out of the block4 ,the policewoman came1 and the assistants1 the overseers1 and with them ,binz4 ,we were driven out of the block into the street4 ,we stood there in line #aj at a time and ,binz herself read off the names of #aj girls4 ,when they refused to go because they were afraid of a new operation and were not willing to undergo a new operation1 she herself gave her word of honor that it was not going to be an operation and she told them to follow her4 ,we remained standing before the block4 ,then several minutes later our comrades ran to us and told us that ,,ss men have been called for in order to surround them4 ,the camp police arrived and drove our comrades out of the line4 ,we were locked in the block4 ,the shutters were closed4 ,we were #c days without any food and without any fresh air4 ,we were not given parcels that arrived in the camp at that time4 ,the first day the camp commandant and ,binz came and made a speech4 ,the camp commandant said that there had never been a revolt in the camp and that this revolt must be punished4 ,she believed that we would reform and that we would never repeat it4 ,if it were to happen again1 she had ,,ss people with weapons4 ,my comrade1 who knew ,german1 answered that we were not revolting1 that we didn't want to be operated on because five of us died after the operation and because six had been shot down after having suffered so much4 ,then ,binz replied3 8,death is victory4 ,you must suffer for it and you will never get out of the camp40 ,three days later1 we learned that our comrades had been operated on in the bunker4 ,q4 ,now1 ,witness1 how many women1 approximately1 were operated on at ,ravensbrueck8 ,a4 ,at ,ravensbrueck #gd women were operated on4 ,many of them underwent many operations4 ,q4 ,now1 you have told us that five died as a result of the operations1 is that correct8 ,a4 ,yes4 ,q4 ,and another six were shot down after the operation1 is that correct8 ,a4 ,yes4 ,q4 ,do you know why those other six were shot1 ,witness8 ,a4 ,i don't know4 ,q4 ,witness1 were any of these victims asked to volunteer for these operations8 ,a4 ,no4 ,q4 ,were any of them promised freedom if they would submit to operations8 ,a4 ,no4 ,q4 ,when you were operated on1 did you object8 ,a4 ,i could not4 ,q4 ,why8 ,a4 ,i was not allowed to talk and our questions were not answered4 ,q4 ,do you still suffer any effects as a result of the operation1 ,witness8 ,a4 ,yes4 ,q4 ,were you ever asked to sign any papers with respect to the operation8 ,a4 ,never4 ,q4 ,when did you finally leave ,ravensbrueck8 ,a4 ,on #bg ,april #aide4 ,q4 ,have you ever received any treatment since you have left ,ravensbrueck in the last year8 ,a4 ,yes4 ,q4 ,tell us what treatment you have received4 ,a4 ,dr4 ,gruzan in ,warsaw transplanted tendons on my leg4 ,q4 ,when did he do that8 ,a4 ,on #be ,september #aide4 ,q4 ,do you have to wear any special shoes1 now1 ,witness8 ,a4 ,yes1 ,i should wear them1 but ,i can't afford to buy them4 ,q4 ,what are you doing now1 ,witness8 ,are you working now1 or what is your occupation8 ,a4 ,i am now continuing my studies which ,i started before the war4 ,q4 ,i see4 ,i will ask the witness to identify these pictures4 ,,mr4 ,,hardy3 ,this is ,document ,,no-#ajhb;a1 b1 and c4 ,i will pass these up to the ,tribunal for your perusal4 ,were these photographs taken of you in ,nuernberg in the last day or two1 ,witness8 ,,witness ,,dzido3 ,yes4 ,q4 ,witness1 would you kindly take your stocking and shoe off your right leg1 please1 and will you step out to the side and show the ,tribunal the results of the operations at ,ravensbrueck8 7,witness complies47 ,that's all1 ,witness1 you may sit down4 ,,mr4 ,,hardy3 ,i have no further question on direct examination1 your ,honor4 ,,presiding ,,judge ,,beals3 ,is there any defense counsel who desires to cross-examine this witness8 ,,dr4 ,,seidl 7counsel for defendants ,gebhardt1 ,oberheuser1 and ,fischer73 ,i do not want to cross-examine the witness2 however1 ,i do not wish the conclusion to be drawn that my clients admit all the statements made by the witness4 ,,extracts ,,from ,,the ,,testimony ,,of ,,the ,,prosecution ,,expert ,,witness ,,dr4 ,,leo ,,alexander#da ,,direct ,,examination ,,mr4 ,,hardy3 ,dr4 ,alexander1 have you examined ,miss ,dzido before today8 ,,witness ,,dr4 ,,alexander3 ,yes1 sir1 ,i did1 on several occasions during the last #c days4 ,q4 ,during your examination1 did you have ,x-rays made of the patient's legs8 ,a4 ,i did1 sir4 ,,mr4 ,,hardy3 ,at this time ,i will introduce ,document ,,no-#ajia which is the ,x-ray of the witness1 ,miss ,dzido4 ,we will pass two copies to the ,tribunal and one copy to the ,secretary ,general4 ,dr4 ,alexander1 in the course of your diagnosis of these ,x-rays1 will you kindly diagnose this ,x-ray in ,english and then repeat in ,german for the benefit of the defendants8 ,,witness ,,dr4 ,,alexander3 ,yes1 sir4 ,q4 ,doctor1 will you identify that ,x-ray which carried ,document ,,no-#ajia8 ,a4 ,yes4 ,this is the ,x-ray which included the lower two-thirds of the thigh bone1 the femur1 and the knee joint1 and-- ,,mr4 ,,hardy3 ,i offer this ,x-ray as ,prosecution ,exhibit #bae4 99 99 99 99 99 ,q4 ,doctor1 this ,x-ray you are referring to now is ,document ,,no-#ajib8 ,a4 ,this is ,document ,,no-#ajia4 ,the arrow points to the osteoporotic atrophy of the tibia4 ,document ,,no-#ajib is the ,x-ray of the leg4 ,it shows the fibula which is the smaller of the two larger bones of the leg1 about in the middle between the area just mentioned under the bracket called 8,b04 ,on the side1 looking toward the tibia is the osteoperiostitis of the periosteum4 ,this group of marks is particularly severe in the smaller area which ,i have marked with the bracket 8,a01 which indicates a smaller area of the shaft of the tibia within the larger area of the disturbance marked as 8,b04 ,this alteration is indicative and consists of an ordinary inactive ,coxa1 which in view of the osteoperiostitis of the periosteum was probably an osteomyelitis process4 ,however1 there is no active osteomyelitis at the present examination of the right foot4 ,in pictures #ajic and #ajid1 it shows arthritic changes of the cuniform navicula joints with narrowing of the joint spaces and increased marginal sclerosis4 ,this has been marked in the ,x-ray with an arrow pointing to the joint4 ,the other prints are the same4 ,the prints have come out too dark1 but it shows the condition clearly in the film4 ,this arthritis is due to the immobilization of the right foot4 ,secondary to the muscles and especially the paralysis of the perineal nerve4 ,it is evidently arthritis of an immobilization nature which one sees also by inspection of the patient's foot4 ,q4 ,doctor1 can you determine from your examination---- ,a4 7,interposing7 #ajid--;have ,i mentioned it8--shows the same as #ajic in a slightly different exposure4 ,the marks are the same pointing to the most marked arthritis between the cuniform navicular joints4 ,q4 ,doctor1 in your opinion1 from your examination of this patient can you determine what was the purpose of the experiment8 ,a4 ,it appears that in this experiment a highly infectious agent was implanted1 probably without the addition of a bacteria static agent such as sulfanilamide1 and for that reason the infection got out of hand and became very extensive4 ,,extracts ,,from ,,the ,,testimony ,,of ,,defendant ,,gebhardt#db ,,direct ,,examination ,,dr4 ,,seidl3 ,the experiments on ,polish internees were carried out in such a way that1 first of all1 three series of experiments were performed on three groups of #ab persons each4 ,is that correct8 ,,defendant ,,gebhardt3 ,yes4 ,what ,i wanted to solve by means of this second experimental group was the task given me in my orders1 namely1 the testing of the drugs prescribed4 ,i definitely hoped in these experiments1 which produced gangrene1 that if there was anything in the sulfanilamide drugs1 which ,i had reason to hope1 then the advantages connected with one or the other drug would become apparent1 and ,i would be able to discontinue the experiments4 ,of course1 ,i could not stop at the initial instructions4 ,i really had to go on to a localized and definite infection1 and for that there is an internationally known precept1 not discovered by us1 which is to produce a locus minoris resistentia--that is to say1 the place of least resistance--where germs combine with contact substances4 ,so we did not insert dirt1 glass1 or earth1 cruelly2 the dirt in the wound was represented by sterile glass silicate2 soil and textiles which would enter a wound were replaced by us through sterile cellulose1 finely ground4 ,you all know that if you cut yourself and a nonsterile piece of glass remains in the wound1 if you do not move the spot1 it will heal with the glass inside without any aggravated symptoms4 ,the only effect it has is to produce a catalysis for the germs and a local obstruction to the flow of blood1 and possibly to damage a few cells slightly4 ,in other words1 we produced inflammation in the safest way possible for such an experiment4 ,that is an unquestionable scientific train of thought in this sphere4 ,we proceeded in just that manner and in addition1 we gave our sulfanilamide1 or zeibazol #a41 eleutron1 and nitron4 ,two control persons1 however1 were not without protection1 because they were taken care of in the old established way4 ,now1 don't suggest that ,i should know the schedule or that there was some schedule regarding the supply of sulfanilamide used4 ,a schedule is always bad in medicine because it is no longer original4 ,one thing is characteristic1 however1 with sulfanilamides and that is that you give a big dose at the beginning1 and here there is a question of whether it is correct to introduce it locally or to leave it open4 ,someone might mix it1 somebody else might have a different combination and that is how we did it4 ,i would be a bad scientist if ,i were to write down for you now that ,i knew exactly that they were all given in a certain manner on the third day1 or that they are all like this and this now4 ,it states expressly in ,thomas' statement1 of course1 that any prearranged table for the administration is wrong1 and that we also cannot prescribe the correct way to apply these drugs4 ,it was obviously clear that there was a strong impression made by sulfanilamides and1 even in the first group1 we were astonished to find a certain result1 which is useful for the idea as such1 but not for practical purposes4 ,among other things we immediately and simultaneously sprinkled a mixture of germs together with sulfanilamide powder into the wound4 ,that was the only exception made in the first group and it didn't produce any results at all4 ,now1 if ,i were a bad scientist then ,i would have assumed that that1 in itself1 was a success4 ,no matter whether it was the ultrasepsis or the powder we had used1 ,i would have been satisfied1 and ,i would have said1 8,everybody now has to take a little bag of sulfanilamide along with him and powder the wounds with it immediately because we know that if they are inserted simultaneously into the wound--the germ and the drug--then there will be no inflammation40 ,only in complete ignorance of wound conditions and war conditions could one adopt that point of view4 ,the disadvantage of the sulfanilamide bag is that a man who is badly shot isn't in a position to act2 he would be lying somewhere badly wounded and not be able to do anything4 ,on the other hand1 of course1 the position is that the surface of the wound can easily be powdered1 but of course not right down to the very bottom of the wound1 and we know particularly well that sulfanilamides when applied wrongly in this way have caused injury4 ,q4 ,the second group consisted of the #cf women1 #c times #ab women8 ,a4 ,yes4 ,infection1 plus contact materials4 ,q4 ,is it true that the ,reich ,physician ,,ss1 ,dr4 ,grawitz1 on #c ,september #aidb1 when inspecting ,ravensbrueck1 demanded that the experimental conditions had to be made more severe in order to create conditions similar to wartime conditions8 ,a4 ,at the beginning of ,september1 on the basis of my report1 ,i was called to ,grawitz to report on the results which might be expected4 ,grawitz1 and as ,i shall explain later1 ,stumpfegger1 came to me at the beginning of ,september4 ,since ,grawitz was coming to ,ravensbrueck ,i turned up on the same day1 so that ,fischer could demonstrate the patients under my protection4 ,that is the impression probably created repeatedly by the testimony of witnesses2 they have to wait for a time1 and then ,i say 8,these are the patients whom ,i operated on40 ,i assume the same description was given each time4 ,grawitz was able to prove to me that the effects were circumscribed and not of a war nature4 ,and he was able to prove to me that ,i had obtained no clear medical information1 only assumptions1 and the clinical conditions resulting might perhaps be expected after surgery at home4 ,for another reason1 which can be seen from the documents1 the argument became rather violent4 ,grawitz turned to ,fischer1 who presented the cases to him4 ,at any rate he then said1 unfortunately1 that a speedy clarification had to be reached and that wounds similar to combat wounds had to be created1 that is1 a gunshot wound infected by earth and matter4 ,of course1 ,i did not accept these conditions and ,i looked for some way to get the experiment into my own hands so that1 using all safeguards1 a higher degree of infection might be brought about1 and the cases might still remain under my control4 ,i did not want to give up and say1 8,i have not reached any conclusion10 thereby impliedly giving permission for wounds similar to combat wounds to be inflicted elsewhere4 ,and so we arrived at the idea of tying off the arteries of the third group1 which is also a customary means of bringing about a locus minoris resistentiae in international experimental technique4 ,q4 ,you did not carry out the order then8 ,a4 ,no4 ,q4 ,then how were the experiments continued in order to create severe local inflammation in warlike wounds8 ,a4 ,we kept to our old technique1 the infusion1 that is an incision on the outer side of the calf far from the joint1 where it is not under pressure1 and where the cast does not hurt it4 ,in other words1 we chose the most suitable place according to all medical considerations4 ,then we administered the infection in a place where the circulation of the blood had been reduced4 99 99 99 99 99 ,q4 ,what do you know about the deaths1 and why was there no amputation in these cases8 ,a4 ,i believe that ,i can remember the three deaths very well4 ,but ,i only remember three--,i have always testified that--with all the things that have happened in the meantime and all the patients ,i have taken care of4 ,it was not that ,fischer or ,i overlooked an amputation1 and it is certainly not true that an amputation can save the life of the patient in all cases of gangrene4 ,as ,i remember the case histories1 the most serious patient had a large abscess on the hip4 ,probably the corresponding glands had been affected4 ,the infection on the calf and the abscess on the hip--what can ,i amputate8 ,one can amputate when the infection is limited to the calf4 ,we did not have such cases because we forced the infection to the place where we wanted it1 but we were not able to prevent the infection spreading to a different area and running into the blood vessel as does happen occasionally4 ,there are infections of the veins1 and then the patient dies suddenly1 and it is a definite risk to perform an operation because the power of resistance is on the borderline1 hanging by a hair4 ,if we perform such major operations to save the patient's life1 then you may assume that we would have undertaken an amputation1 or would you assume that a surgeon of my experience does not know when he has to amputate8 ,unfortunately that is the first thing that an operative surgeon like ,fischer learns in wartime1 to amputate in time4 ,as far as ,i remember1 the deaths were from an abscess of the glands1 an inflammation of the veins1 an inflammation of the blood vessels1 and one died from general sickness1 in spite of all transfusions4 ,this happens in cases of infection when there is no possibility of stopping the infection by local surgery4 ,but one cannot conclude that any medical measures which should have been taken were overlooked1 because just by seeing a case history from a distance one cannot decide that at such and such a moment the patient should have been operated on4 ,i am convinced that in these three cases which ,fischer reported to me exactly1 which ,i saw1 and in which the therapy was discussed1 that we certainly did not overlook anything4 ,as far as one can humanly say1 we did what we considered necessary4 ,i wanted to publish this result or to report it to the public from the beginning4 ,therefore1 it was obvious from the very beginning1 if you did not assume that ,i had any humane or surgical motives1 that ,i did everything in order to be able to publish the results4 ----- #dj ,complete testimony is recorded in mimeographed transcript1 #bj ,december #aidg1 pp4 #hch-hdg4 #da ,complete testimony is recorded in mimeographed transcript1 #bj ,dec4 #aidf1 pp4 #hdh-hee4 #db ,complete testimony is recorded in mimeographed transcript1 #d1 #e1 #f1 #g1 #aj ,mar4 #dg1 pp4 #cica-dbef4 #f4 ,,bone1 ,,muscle ,,and ,,nerve ,,regeneration ,,and ,,bone ,,transplantation ,,experiments a4 ,introduction ,the defendants ,karl ,brandt1 ,handloser1 ,rostock1 ,gebhardt1 ,rudolf ,brandt1 ,oberheuser1 and ,fischer were charged with special responsibility for and participation in criminal conduct involving experiments on bone1 muscle1 and nerve regeneration and experiments on bone transplantation 7par4 #f 7,f7 of the indictment74 ,during the trial1 the prosecution withdrew this charge in the case of ,rudolf ,brandt4 ,on this charge the defendants ,gebhardt1 ,oberheuser1 and ,fischer were convicted and the defendants ,karl ,brandt1 ,handloser1 and ,rostock were acquitted4 ,the prosecution's summation of the evidence on these experiments is contained in its final brief against the defendant ,gebhardt4 ,an extract from this brief is set forth below on pages #cib to #cif4 ,a corresponding summation of the evidence by the defense on these experiments has been selected from the final plea for the defendant ,gebhardt4 ,it appears below on pages #cif to #cii4 ,this argumentation is followed by selections from the evidence on pages #djj to #dah4 b4 ,selection from the ,argumentation of the ,prosecution ,,extract ,,from ,,the ,,closing ,,brief ,,against ,,defendant ,,gebhardt ,bone1 ,muscle1 and ,nerve ,regeneration1 and ,bone ,transplantation ,experiments ,these experiments were carried out in the ,ravensbrueck concentration camp during the same period of time and on the same group of ,polish inmates as the sulfanilamide experiments4 7,tr4 p4 #adeh47 ,the defendant ,fischer made the following statement about these experiments in his affidavit3 8,after the arrival of ,doctor ,stumpfegger from general headquarters in the fall of #aidb1 ,professor ,gebhardt declared before some of his co-workers that he had received orders to continue with the tests at ,ravensbrueck on a larger scale4 ,in this connection1 questions of plastic surgery which would be of interest after the end of the war should be clarified4 ,doctor ,stumpfegger was supposed to test the free transplantation of bones4 ,since ,professor ,gebhardt knew that ,i had worked in preparation for my habilitation at the university on regeneration of tissues1 he ordered me to prepare a surgical plan for these operations1 which1 after it had been approved he directed me to carry out immediately4 ,moreover1 ,doctor ,koller and ,doctor ,reissmayer were ordered to perform their own series of experiments4 ,professor ,gebhardt was also considering a plan to form the basis of an operative technique of remobilization of joints4 ,besides the above1 ,doctors ,schulze and ,schulze-,hagen participated in this conference4 8,since ,i knew ,ravensbrueck ,i was ordered to introduce the new doctors named above to the camp physician4 ,i was specially directed to assist ,doctor ,stumpfegger1 since1 as physician on the staff of ,himmler1 he would probably be absent from time to time4 8,i had selected the regeneration of muscles for the sole reason because the incision necessary for this purpose was the smallest4 ,the operation was carried out as follows3 8,evipan and ether were used as an anaesthetic1 and a #e centimeter longitudinal incision was made at the outer side of the upper leg4 ,subsequent to the cutting through the fascia1 a piece of muscle was removed which was the size of the cup of the little finger4 ,the fascia and skin were enclosed in accordance with the normal technique of aseptic surgery4 ,afterwards a cast was applied4 ,after #a week the skin wound was split under the same narcotic conditions1 and the part of the muscle around the area cut out was removed4 ,afterwards the fascia and the sewed-up part of the skin were immobilized in a cast40 7,,no-#bbh1 ,pros4 ,ex4 #bjf2 ,tr4 p4 #ggd47 ,the responsibility of the defendant ,gebhardt for these experiments is also proved by the affidavit of ,oberheuser4 ,she stated3 8,the experiments with bone transplantations were carried out1 as far as ,i can remember1 at the end of #aidb and beginning of #aidc by ,dr4 ,stumpfegger of ,hohenlychen4 ,i helped ,dr4 ,stumpfegger in the same way as ,i helped ,dr4 ,fischer with the sulfanilamide experiments1 and as ,i have described already in paragraph #d of this affidavit4 ,before the operation ,i had to examine1 as in the other case1 the condition of health of the selected persons4 ,the operations consisted of the removal and transplantation of a piece of the bone from the tibia4 ,fifteen to twenty persons were used for these experiments4 8,the persons necessary for these experiments were requisitioned by ,dr4 ,schiedlausky from the camp commander4 8,dr4 ,karl ,gebhardt was in charge of the sulfanilamide experiments and bone transplantations4 ,i do not know whether he himself performed operations of this type4 ,but ,i know that all these experiments were performed under his direction and supervision and upon his instructions4 ,he was assisted by the doctors already mentioned1 ,dr4 ,fischer and ,dr4 ,stumpfegger1 and also by ,drs4 ,schiedlausky and ,rosenthal4 ,also only healthy ,polish prisoners were used for these experiments4 8,i cannot remember that a single one of the experimental subjects used was pardoned after the completion of the experiments40 7,,no-#dhg1 ,pros4 ,ex4 #bjh47 ,the witness ,maczka1 a graduate of the ,medical ,school of the ,university of ,krakow and a practicing physician1 testified that in the course of her duties as ,x-ray technician in the ,ravensbrueck concentration camp she had occasion to observe approximately #ac cases in which experimental operations were performed on the bones of inmates4 ,there were three kinds of bone operations--fractures1 bone transplantations1 and bone splints4 ,some of the ,polish girls were operated on several times4 ,in the case of ,krystyna ,dabska1 ,maczka took ,x-ray pictures of both legs and discovered that small pieces of the fibulae had been removed4 ,in the case of one leg the periosteum had also been taken out4 ,zofia ,baj was operated on in a similar manner4 ,janina ,marczewska and ,leonarda ,bien were subjected to the bone fracture experiments4 ,the tibia was broken in several places and in the case of one of the girls1 clamps were applied while in the case of the other they were not4 ,these operations impeded the locomotion of the girls operated on4 ,bone incision operations were performed on ,barbara ,pietczyk1 a ,polish girl #af years old4 ,she was operated on six times4 ,during the first operation incisions were made in each tibia4 ,during a later operation pieces of the tibia were cut out where incisions had been previously made4 ,maczka took an ,x-ray of the pieces of tibia that were removed4 ,as a result of these bone operations1 ,maczka observed the development of two cases of osteomyelitis1 ,maria ,grabowska and ,maria ,cabaj4 7,tr4 pp4 #adde-g47 ,a rather large group of muscle experiments were performed4 ,here again multiple operations were carried out on the same subject4 ,gledziewjowska was operated on most frequently4 ,during the first operation certain muscles were removed and during subsequent operations additional pieces were cut out1 always at the same place1 so that the legs got thinner and weaker all the time4 7,tr4 p4 #addg47 ,transplantation of whole limbs from one person to another was also carried out4 ,maczka testified that about #aj feeble-minded inmates were selected1 taken to the hospital and prepared for operation4 ,she knew personally that at least two of these persons were operated on4 ,one case was a leg amputation4 ,following this operation1 the experimental subject was killed and placed in a special room where the dead were kept4 ,maczka was able to observe the corpse and saw that there was only one leg4 ,in the second case an abnormal woman was operated on by ,dr4 ,fischer4 ,when he left the operating room he carried with him a bundle wrapped up in linen about the size of an arm4 ,he took this away with him4 ,the prison nurse1 ,quernheim1 informed ,maczka that the whole arm with shoulder blade was removed from this woman4 7,tr4 p4 #addh47 ,the amputation of the arm and shoulder blade mentioned by ,dr4 ,maczka obviously refers to the transplantation performed on the patient ,ladisch at ,hohenlychen4 ,as to this1 the defendant ,fischer stated in his affidavit as follows3 8,as a disciple of ,lexer1 ,gebhardt had already planned long ago a free heteroplastic transplantation of bone4 ,in spite of the fact that some of his co-workers did not agree1 he was resolved to carry out such an operation on the patient1 ,ladisch1 whose shoulder joint was removed because of a sarcoma4 8,i and my medical colleagues urged professional and human objections up until the evening before the operation was performed1 but ,gebhardt ordered us to carry out the operations4 ,dr4 ,stumpfegger1 in whose field of research this operation was1 was supposed to perform the removal of the scapula at ,ravensbrueck and had already made initial arrangements for it4 ,however1 because ,professor ,gebhardt required ,doctor ,stumpfegger to assist him in the actual transplantation of the shoulder to the patient ,ladisch1 ,i was ordered to go to ,ravensbrueck and perform the operation of removal on that evening4 ,i asked ,doctors ,gebhardt and ,schulze to describe exactly the technique which they wished me to follow4 ,the next morning ,i drove to ,ravensbrueck after ,i had made a previous appointment by telephone4 ,at ,hohenlychen ,i had already made the normal initial preparation for an operation1 namely1 scrubbing1 etc41 merely put on my coat1 and went to ,ravensbrueck and removed the bone4 8,the camp physician who was assisting me in the operation continued with it while ,i returned to ,hohenlychen as quickly as possible with the bone which was to be transplanted4 ,in this manner the period between removal and transplantation was shortened4 ,at ,hohenlychen the bone was handed over to ,professor ,gebhardt1 and he1 together with ,doctor ,schulze and ,doctor ,stumpfegger1 transplanted it40 7,,no-#bbh1 ,pros4 ,ex4 #bjf47 ,gebhardt admitted that he1 together with ,stumpfegger1 personally performed the bone transplantation operation on ,ladisch4 ,he testified further that ,fischer only removed the scapula1 shoulder blade1 from the ,polish female inmate at ,ravensbrueck4 7,tr4 p4 #dbce47 ,it is impossible to raise the arm above the horizontal if the scapula has been removed4 7,tr4 p4 #dbce47 ,gebhardt further admitted that ,stumpfegger reported to him on the bone experiments in ,ravensbrueck concentration camp4 7,tr4 p4 #dbce47 ,the affidavit of ,gustawa ,winkowska corroborates the testimony of ,maczka concerning the transplantation of whole limbs and establishes that the experimental subjects were later killed4 7,,no-#hfe1 ,pros4 ,ex4 #bca47 ,the witness ,karolewska was a subject in both the sulfanilamide and bone experiments4 7,tr4 pp4 #hcc1 #hcf-g47 ,she was operated on a total of six times4 ,the first operation was conducted on #ad ,august #aidb by ,fischer4 7,tr4 p4 #hai47 ,gebhardt inspected her early in ,september4 7,tr4 p4 #hba47 ,she was sent back to her block on #h ,september #aidb1 but was unable to walk and remained in bed for a week4 ,on #af ,september #aidb she was again taken to the hospital and operated on for the second time by ,fischer4 7,tr4 pp4 #hba-b47 ,she left the hospital on #f ,october #aidb and remained in bed for several weeks4 ,her leg did not heal until ,june #aidc 7,tr4 pp4 #hbb-c74 ,she filed a written protest with the camp commander1 together with other experimental subjects in ,february #aidc4 ,in ,august #aidc she was operated on literally by force in the bunker at ,ravensbrueck4 ,both her legs were cut open4 ,these operations were carried out on five other ,polish girls under indescribably filthy conditions4 ,on #ae ,september #aidc a further operation was performed on her right leg by a doctor from ,hohenlychen4 ,two weeks later her left leg was operated on and pieces of the shinbone were removed4 ,she stayed in the hospital for #f months--until the end of ,february #aidd4 7,tr4 pp4 #hbh-i47 ,karolewska identified the defendants ,gebhardt1 ,fischer1 and ,oberheuser as having participated in the experiments on her4 7,tr4 pp4 #hah1 #hcj47 ,the defendant ,fischer participated in these experiments until at least #bc ,february #aidc4 ,on that date he carried out a second operation on ,zofia ,baj4 7,,no-#hga1 ,pros4 ,ex4 #bbg47 ,the most disgusting series of operations were those carried out in ,august #aidc in the bunker4 ,the ,polish girls selected had revolted and refused to report to the hospital4 ,the barrack block in which they had barricaded themselves was then surrounded by male guards who carried these women off forcibly to the camp prison1 known as the ,bunker1 where they were held down by these male guards and forcibly anaesthetized without any pre-operative care1 and with their bodies still in a filthy condition from walking around the camp4 ,the experimental subject ,piasecka stated in her affidavit as follows3 8,i resisted and hit ,trommer in the face and called him a bandit4 ,he called some ,,ss male guards who threw me on the floor and held me down while ether was poured over my face4 ,there was no mask4 ,i fought and resisted until ,i lost consciousness4 ,i was completely dressed and my legs were filthy dirty from walking in the camp4 ,as far as ,i know my legs were not washed4 ,i saw my sister during this time unconscious on a stretcher1 vomiting mucous40 7,,no-#hfd1 ,pros4 ,ex4 #bbi7 ,piasecka stated that this operation was carried out by ,dr4 ,villmann who was an assistant doctor at ,hohenlychen4 ,a few weeks later two other assistant doctors to ,gebhardt came and operated on her right leg4 7,,no-#hfd1 ,pros4 ,ex4 #bbi47 ,in his testimony ,gebhardt attempted to disassociate himself from these experiments4 ,he admitted however that he received information from ,stumpfegger about the experiments4 7,tr4 pp4 #djhb1 #djhg-i47 ,stumpfegger was a former assistant of ,gebhardt's and he stayed at ,hohenlychen during the course of these experiments4 ,fischer assisted ,stumpfegger and ,gebhardt4 7,tr4 pp4 #dbcj1 #djij47 ,it is further established by ,fischer's own affidavit that the plan for the experiments was worked out with the knowledge and approval of ,gebhardt4 c4 ,selection from the ,argumentation of the ,defense ,,extract ,,from ,,the ,,final ,,plea ,,for ,,defendant ,,gebhardt#dc ,the ,experiments ,concerning ,bone1 ,muscle1 and ,nerve ,regeneration and ,bone ,grafting ,the defendant ,gebhardt is also charged in the indictment with particular responsibility in the experiments1 whose object according to the indictment was the examination of the conditions under which the regeneration of bones1 muscles1 and nerves resulted1 and under what conditions the grafting of bones was possible4 ,with regard to the general reasons why there can be no question of guilt1 ,i refer to the statements ,i have already made in connection with the sulfanilamide experiments4 ,these experiments1 too1 were occasioned by conditions of war and were to open up new ways of treating seriously wounded persons4 ,the evidence1 however1 has shown that the defendant ,gebhardt1 with a single exception1 had nothing to do with these experiments4 ,these experiments1 insofar as they were concerned with the regeneration and grafting of bones1 were carried out by ,sturmbannfuehrer ,dr4 ,stumpfegger4 ,it is correct that ,dr4 ,stumpfegger was assistant doctor in the clinic in ,hohenlychen before the war1 and to that extent subordinate to its chief doctor1 ,dr4 ,gebhardt4 ,dr4 ,stumpfegger1 however1 left in the early years of the war1 and in the year #aidb became consulting physician to ,reich ,leader ,,ss ,himmler and later consulting physician to ,hitler4 ,the experiments carried out by him in ,ravensbrueck were carried out on his own responsibility1 and upon direct orders from the ,reich ,leader ,,ss ,himmler4 ,dr4 ,stumpfegger at that time was neither under the military nor the medical supervision of the defendant ,karl ,gebhardt4 ,for the remainder1 ,dr4 ,stumpfegger limited himself to carrying out experiments in the removal and grafting of so-called bone splinters1 the exact number of which can no longer be determined now1 but which certainly did not exceed six to eight4 ,these were aseptic operations1 which constituted no danger to the life of the experimental subjects4 ,the evidence has shown that the experimental subjects from whom the bone splinters were removed suffered no reduction in the function of their limbs4 ,besides1 the examination of the transplantation process of bones achieved a research result that could not be attained from the animal experiments because of the variety of the stipulated regeneration areas caused by the location of the various species and for the other reasons given by ,gebhardt4 ,the evidence has further shown that the experimental subjects were members of the resistance movement who had been condemned to death and who were in this way given an opportunity to obtain a pardon1 and so to escape execution4 ,in view of the fact that no direct responsibility for these experiments falls on the defendant ,gebhardt1 it is not necessary to go into the purpose of these experiments further at this time4 ,it should1 however1 be emphasized once more that the experiments were to open up new possibilities in wartime surgery and restorative surgery on the wounded4 ,in #aidd1 ,dr4 ,ludwig ,stumpfegger published the results of his experiments in the periodical for surgery the editor of which was ,geheimrat ,dr4 ,sauerbruch 7vol4 #bei1 issue #i-ab7 and this article was also made available to the public in book form4 ,i have submitted to the ,court 7,gebhardt1 ,fischer1 ,oberheuser #f1 ,gebhardt1 ,fischer1 ,oberheuser ,ex4 #i7 a review of this work in the periodical1 8,clinic and ,practice0 of ,february #aidf and refer to this for the details4 ,the defendant ,karl ,gebhardt would certainly not have hesitated to admit his responsibility for these experiments if he had actually been more closely connected with them1 and if the experiments had taken place at his behest or under his medical supervision4 ,there would have been little reason to deny this responsibility since the experiments concerned were completely without danger2 they resulted in no reduction of the function of the limbs1 and1 moreover1 no fatalities occurred4 ,furthermore1 corresponding to the general practice in ,germany1 the work of ,dr4 ,stumpfegger under the scientific responsibility of the defendant ,gebhardt would have been made public if he had been directly concerned with the experiments1 and if they had been carried out under his scientific supervision4 ,nor did the evidence prove that there were any experiments carried out in connection with muscle and nerve regeneration under the scientific supervision and by order of the defendant ,gebhardt4 ,it even seems doubtful that any such experiments were ever carried out in ,ravensbrueck4 ,the witnesses called before this court were unable to make any statements about this matter and it may be taken for granted that in any case the defendant ,karl ,gebhardt had nothing to do with these experiments4 ,there was no point in carrying out such experiments as1 long before the war1 the surgical technique had already been developed on scientific principles and set down in a system4 ,it covers plastic surgical bone regeneration but does not advocate free transplantation4 ,the only new field of scientific research taken up by ,dr4 ,gebhardt during the war was that of experiments connected with nerve operations4 ,these experiments were1 however1 carried out on animals by the special order and under the scientific supervision of the defendant ,gebhardt himself4 ,i am here referring to the affidavits given by the witnesses ,koestler 7,gebhardt1 ,fischer1 ,oberheuser #bb1 ,gebhardt1 ,fischer1 ,oberheuser ,ex4 #ba7 and ,brunner 7,gebhardt1 ,fischer1 ,oberheuser #ba1 ,gebhardt1 ,fischer1 ,oberheuser ,ex4 #bj71 and to the statements made by the defendant ,gebhardt himself on the witness stand4 ,i am further referring to the report of the ,third ,session ,east of the ,consulting ,specialists on #bd-bf ,may #aidc 7,gebhardt1 ,fischer1 ,oberheuser #c1 ,gebhardt1 ,fischer1 ,oberheuser ,ex4 #aj7 which ,i have presented in ,court and which proves that during this session he himself and the aforementioned witness1 ,dr4 ,koestler1 spoke about grafting operations in cases of nervous paralysis4 ,this is the same report to which the witness ,dr4 ,koestler referred in his affidavit of #bg ,february #aidg4 ,furthermore1 ,i wish to draw the attention of this ,court to the lecture given by the defendant ,gebhardt in the same report on 8,gymnastic ,therapy and ,mobilization of the ,joints0 which is also based upon clinical experience in ,hohenlychen and also has nothing whatever to do with medical experiments on human beings4 ,the evidence has further proved that the defendant ,gebhardt was concerned with the transplantation of bones in one case only4 ,this experiment was the free transplantation of a shoulder blade from one person to another4 ,the defendant ,gebhardt has given a detailed account of this on the witness stand and ,i am referring you to his statement on this point4 ,generally speaking1 the following has to be added3 ,the free transplantation of bones from one person to another is one of the great problems of restorative surgery which has yet to be solved4 ,for decades1 physicians have been trying to find a solution to this problem4 ,as early as the end of the ,first ,world ,war1 ,geheimrat ,lexer1 the great teacher of the defendant ,gebhardt1 conducted experiments along these lines in #bc cases1 aiming at the replacement of completely destroyed bones4 ,the terrible injuries which occurred during the ,second ,world ,war made this problem still more urgent and it is1 therefore1 understandable that in view of the progress ,dr4 ,stumpfegger had made in his research1 he was ordered by the ,reich ,leader ,,ss to make use of this research result in the direct transplantation of bones4 ,the defendant ,gebhardt himself did not take any steps in this direction4 ,he himself has stated his fundamental attitude as to this question and ,i refer to his own statements4 ,only in one case did he give his approval1 viz3 when ,dr4 ,stumpfegger carried out the experiment of transplanting a shoulder blade4 ,the order to do this was given by the ,reich ,leader ,,ss4 ,this experiment was justified in this particular case as it took place for the benefit of a patient in serious danger4 ,the experimental person from whom the shoulder blade was taken was also a member of the resistance movement and she1 too1 thus escaped execution4 ,furthermore1 the shoulder blade in question belonged to a hand restricted in its function4 99 99 99 99 99 d4 ,evidence ,prosecution ,documents ,doc4 ,no4 ,pros4 ,ex4 ,no4 ,description of ,document ,page ,,no-#hge #bcj ,affidavit of ,mrs4 ,zdenka #djj ,nedvedova-,nejedla1 ,m4 ,d41 of ,prague1 concerning experimental operations conducted on fellow inmates at ,ravensbrueck concentration camp4 ,,no-#hfa #bcb ,affidavit of ,sofia ,maczka1 #af #djb ,april #aidf1 concerning experimental operations on inmates of the ,ravensbrueck concentration camp4 ,,no-#egi #bhh ,phosphorous burns artificially #ijd inflicted on inmates of the ,buchenwald concentration camp4 7,see ,selections from the ,photographic ,evidence of the ,prosecution47 ,defense ,documents ,doc4 ,no4 ,def4 ,ex4 ,no4 ,description of ,document ,page ,gebhardt1 ,gebhardt1 ,fischer1 ,extract from 8,clinic and #dje ,fischer1 ,oberheuser ,ex4 #i ,practice01 weekly journal for ,oberheuser #f the practicing physician1 regarding bone transplantation4 ,gebhardt1 ,gebhardt1 ,fischer1 ,extracts from affidavit of ,dr4 #djg ,fischer1 ,oberheuser ,ex4 #bj ,karl ,friedrich ,brunner1 #ad ,oberheuser #ba ,march #aide1 concerning scientific experiments conducted at the clinic of ,hohenlychen4 ,gebhardt1 ,gebhardt1 ,fischer1 ,extract from affidavit of ,dr4 #djh ,fischer1 ,oberheuser ,ex4 #ba ,josef ,koestler1 #bg ,february ,oberheuser #bb #aidg1 concerning ,dr4 ,gebhardt's activities4 ,testimony ,extracts from the testimony of prosecution witness ,miss ,karolewska #dji ,extract from the testimony of the prosecution expert witness ,dr4 ,leo #dag ,alexander4 ,,translation ,,of ,,document ,,no-#hge ,,prosecution ,,exhibit #bcj ,,affidavit ,,of ,,mrs4 ,,zdenka ,,nedvedova-,,nejedla1 ,m4 ,d41 ,,of ,,prague1 ,,concerning ,,experimental ,,operations ,,conducted ,,on ,,fellow ,,inmates ,,at ,,ravensbrueck ,,concentration ,,camp #a4 ,i1 ,zdenka ,nedvedova-,nejedla1 ,m4 ,d4 came to ,ravensbrueck concentration camp in a transport from ,auschwitz on #ai ,august #aidc1 and ,i worked in the sick bay as a doctor prisoner from ,september #aidc until #cj ,may #aide4 ,in the beginning ,i worked in the ,department for ,contagious ,diseases at ,station ,no4 #a and the ,ambulatory4 ,besides this1 ,i was in charge of ,sucking ,block from the fall of #aidd until ,may #aide4 #b4 ,of the victims of experimental operations1 ,i nursed personally ,helena ,piasecka1 who was suffering from chronic osteomyelitis after completed operation of both shin bones4 ,i knew that these operations were performed under ,professor ,gebhardt's supervision by ,doctor ,fischer1 and a woman1 ,doctor ,oberheuser1 from the ,,ss ,hospital ,hohenlychen1 but ,i do not know which one of them had operated on ,piasecka4 ,the operation was performed in the 8bunker10 camp prison1 where there were not even the most primitive sanitary installations and even fewer aseptic installations4 ,her general condition was good1 but the defect in both bones made her an invalid for life4 ,before the operation ,piasecka was completely healthy4 #c4 ,all women on whom experimental operations had been performed were placed in one block and they were generally known as 8rabbits10 so that ,i saw the effects of the operations on those women who had survived them4 ,in each case of abbreviation of limbs1 muscular atrophy of the highest degree set in1 proving a grave injury of nerves during operations and deep indrawn scars where parts of muscles had festered away4 #d4 ,from lay reports of nursing personnel without any special training1 ,i tried to construct the types of experimental operations4 a4 ,culture of virulent germs 7streptococci1 staphylococci1 maybe even tetanus and gas phlegmon7 were injected subcutaneously1 intramuscularly1 and even directly into bones4 ,these were the attempts to produce osteomyelitis experimentally4 ,the resulting sepsis was checked by daily examination of the blood and urine to test the effectiveness of new medicaments of the sulfanilamide group4 b4 ,parts of long bones1 as much as #e centimeters 7fibulae and tibiae71 were removed and in some cases replaced by metal or left without connection4 ,these operations were probably to prove the inability of bone to grow without periosteum4 c4 ,high amputations were performed2 for example1 even whole arms with shoulder blade or legs with osiliaca were amputated4 ,these operations were performed mostly on insane women who were immediately killed after the operation by a quick injection of evipan4 ,all specimens gained in operations were carefully wrapped up in sterile gauze and immediately transported to the ,,ss hospital nearby 7,hohenlychen presumably71 where they were to be used in the attempt to heal the injured limbs of wounded ,german soldiers4 #e4 ,operations were performed on #a ,yugoslav1 #a ,czech1 #b ,ukrainian1 #b ,german1 and about #ah ,polish women1 of whom #f were operated on by force in the bunker with the help of ,,ss men4 ,two of them were shot after their operation wounds had healed4 ,after operations1 no one except ,,ss nurses was admitted to the persons operated on1 whole nights they lay without any assistance and it was not permitted to administer sedatives even against the most intensive postoperational pains4 ,from the persons operated on1 #aa died or were killed1 and #ga remained invalids for life4 #f4 ,the report mentioned in paragraphs #c to #e was prepared on the basis of evidence given to me at ,ravensbrueck in the autumn of #aidc by these fellow prisoners3 ,sofia ,maczka1 ,m4 ,d41 ,poland2 ,isa ,siczynska1 medical student1 ,krakow1 ,poland2 ,jola ,krzyzanowska1 medical student1 ,krakow1 ,poland2 ,krisa ,iwanska1 medical student1 ,krakow1 ,poland2 ,emilie ,skrbkova1 medical student1 ,praha1 ,czechoslovakia2 and ,inka ,katnarova1 ,m4 ,d41 ,hradec ,kralove1 ,czechoslovakia4 99 99 99 99 99 ,,translation ,,of ,,document ,,no-#hfa ,,prosecution ,,exhibit #bcb ,,affidavit ,,of ,,sofia ,,maczka#dd1 #af ,,april #aidf1 ,,concerning ,,experimental ,,operations ,,on ,,inmates ,,of ,,the ,,ravensbrueck ,,concentration ,,camp 99 99 99 99 99 ,information concerning the experimental operations which took place in ,ravensbrueck concentration camp4 ,the operations were carried out in the period between the summer of #aidb and the summer of #aidc4 ,the operations were conducted in the camp hospital1 under the direction of ,professor ,dr4 ,gebhardt1 ,,ss ,brigadefuehrer4 ,professor ,gebhardt was the head of the ,hohenlychen sanatorium at ,hohenlychen 7,mecklenburg74 ,the operations were conducted with the help of ,dr4 ,fischer1 who was ,professor ,gebhardt's assistant4 ,there was also another assistant whose name ,i do not know4 ,the following camp doctors participated in this matter3 ,dr4 ,herta ,oberheuser1 ,dr4 ,rolf ,rosenthal1 ,dr4 ,schiedlausky2 all ,german nurses who were employed there at the time and two ,german prisoners 7,schutzhaftgefangene71 ,gerda ,quernheim and ,fina ,pautz1 gave assistance4 ,polish political prisoners in protective custody1 from the transports from ,warsaw and ,lublin1 numbering #gd1 were chosen as victims4 ,all those who were chosen were young1 healthy1 and well-built women4 ,many were college or university students4 ,the youngest was #af years of age1 the oldest #dh years of age4 ,the operations were to be carried out for scientific purposes1 but they had nothing to do with science4 ,they were carried out under horrible conditions4 ,the doctors and the assisting personnel were not trained properly medically4 ,conditions were neither aseptic nor hygienic4 ,after operations1 the patients were left in shocking rooms without medical help1 without nursing or supervision4 ,the dressings were made according to the whim of the doctors with unsterilized instruments and compresses4 ,dr4 ,rosenthal1 who did most of the dressings1 excelled himself in sadism4 ,in the summer of #aidc the last operations were carried out in the 8bunker04 8,bunker0 is the name of the horrible prison in the camp4 ,the victims were taken there because they resisted1 and there in the cell their dirty legs were operated on4 ,this was the 8scientific atmosphere0 in which the 8scientific0 operations were carried out4 ,all operations were carried out on the leg and all under anesthetic4 ,the operations were divided into two main groups3 #a4 ,operations for infecting the patient4 #b4 ,experimental aseptic operations4 ,the soft part of the calf of the leg was opened and the open wounds were infected with bacteria which were introduced into the wounds4 ,the following were used3 staphylococcus aureus1 oedema malignum 7clostridium oedematis maligni71 gas gangrene bacillus 7clostridium perfrim gens71 and tetanus4 ,weronika ,kraska was infected with tetanus4 ,she died after a few days4 ,kazimiera ,kurowska was infected with gas gangrene bacillus2 she died after a few days4 ,the following were infected with oedema malignum3 ,aniela ,lefanowicz1 ,zofia ,kiecol1 ,alfreda ,prus1 and ,maria ,kusmierczuk4 ,the first three died after a few days2 ,maria ,kusmierczuk survived the infection4 ,she was lying ill for more than a year and became a cripple1 but she is alive and is living evidence of the experiments4 ,mostly pyrogen stimulants were employed4 ,the wounds were stitched after the infection and serious illness began4 ,many of the patients were ill for months and almost all of them became cripples4 ,why did ,professor ,gebhardt1 with his education1 carry out these experiments8 ,to test the new drugs of the ,german pharmaceutical industry2 mostly cibazol and albucid were used4 ,even tetanus was treated in that way4 ,the results of the treatment were not checked1 or if they were1 it was done in such an inadequate and superficial manner1 that it was of no value4 ,the aseptic1 experimental operations consisted of bone experiments1 muscle experiments1 and nerve experiments4 ,the bone experiments were checked by ,x-ray photographs4 ,as ward attendant ,i had to do all the ,x-ray photographs4 ,in this way ,i was given the opportunity of gaining an insight in this matter4 ,the following were carried out3 7a7 bone breaking2 7b7 bone transplantation2 and 7c7 bone grafting4 a4 ,on the operating table1 the bones of the lower part of both legs were broken into several pieces with a hammer1 later they were joined with clips 7for instance ,janiga ,marczewska7 or without clips 7for instance ,leonarda ,bien7 and were put into a plaster case4 ,this was removed after several days and the legs remained without plaster casts until they healed4 b4 ,the transplantations were carried out in the usual way1 except that whole pieces of the fibula were cut out1 sometimes with periosteum1 sometimes without periosteum4 ,the most typical operation of this kind was carried out on ,krystyna ,dabska4 c4 ,bone grafting4 ,these operations were with the school of ,professor ,gebhardt4 ,during the preparatory operation two bone splints were put on the tibia of both legs2 during the second operation such bone splints were cut out together with the attached bones and were taken to ,hohenlychen4 ,as a supplement to the bone splint operations such operations were also carried out on two prisoners in protective custody who suffered from deformation of bones of the osteomyelitis type4 ,these two were not ,poles1 one of them was a ,german who was a ,jehovah's ,witness1 ,maria ,konwitschka1 and the other was a ,ukrainian1 ,maria ,hretschana4 ,it was interesting for ,professor ,gebhardt to see how the diseased bones would react to such an operation4 ,the muscle experiments consisted of many operations1 always on the same spot1 the upper or lower part of the leg4 ,at each further operation larger and larger pieces of muscles were cut out4 ,once a small piece of bone was planted into a muscle 7this happened to ,babinska74 ,during nerve operations parts of nerves were removed 7for instance ,barbara ,pytlewska74 ,what problem did ,professor ,gebhardt and his school wish to solve by these experiments8 ,the problem of the regeneration of bones1 muscles1 and nerves4 ,was the thing carried out8 ,no4 ,it was not checked at all1 or only insufficiently4 ,i do not know what was done at ,hohenlychen with those pieces of bone1 muscle1 and nerves which were cut out and taken there4 ,what was the fate of the patients after they left the hospital8 ,almost all of the patients became cripples1 and suffered very much as a result of these operations4 ,even more severe was the moral torture inflicted on them since they lived under the conviction that they would all be shot in order that they should not be evidence of these murderous operations4 ,the camp authorities--,commandant ,suhren1 ,adjutant ,braeuning and ,chief ,supervisor ,binz--ensured through their orders that the victims should not forget that they were condemned to death4 ,in the meantime1 six of the patients were shot after surviving the operations4 99 99 99 99 99 ,as a supplement to these operations ,i am submitting a description of 8special operations0 which were carried out at the same time4 ,a few abnormal prisoners 7mentally ill7 were chosen and brought to the operating table1 and amputations of the whole leg 7at the hip joint7 were carried out1 or on others1 amputation of the whole arm 7with the shoulder blade7 were carried out4 ,afterwards the victims 7if they still lived7 were killed by means of evipan injections and the leg or arm was taken to ,hohenlychen and served the purposes known to ,professor ,gebhardt4 ,ten such operations1 approximately1 were carried out4 ,during the whole of the time these operations were carried out1 ,i was employed as a worker in the ward and investigated this matter risking my own life1 with the idea that it was my duty1 if ,i were saved1 to tell the truth to the world4 ,i conclude my statement with two questions3 ,what kind of recompense can the world offer to those who were operated on in such a manner8 ,what kind of justice has the world for those who carried out such operations8 ,signed ,,dr4 ,,maczka1 ,,zofia ,dr4 med4 ,zofia ,maczka ,x-ray specialist from ,krakow4 ,former political prisoner in protective custody ,no4 #gdjc at ,ravensbrueck1 now in ,stockholm1 ,serafimerlasarettet1 ,roentgen4 ,stockholm1 #af ,april #aidf ,,translation ,,of ,,gebhardt1 ,,fischer1 ,,oberheuser ,,document #f ,,gebhardt1 ,,fischer1 ,,oberheuser ,,defense ,,exhibit #i ,,extract ,,from 8,,clinic ,,and ,,practice01 ,,weekly ,,journal ,,for ,,the ,,practicing ,,physician1 ,,regarding ,,bone ,,transplantation ,editors3 ,dr4 ,herbert ,volkmann and ,dr4 ,v4 ,e4 ,mertens1 ,munich #b1 ,alfonsstrasse #a ,no4 #a ,munich1 ,february #aidf ,volume #a page #ab ,discussions and extracts page #ad ,surgery ,ludwig ,stumpfegger--,hohenlychen3 ,the free autoplastic bone transplantation in the restorative surgery of limbs--experiences and results4 ,during the past #aj years1 #dga free autoplastic bone transplantations were carried out in ,hohenlychen4 ,recent research results clearly showed that apart from the osteoplastic activity1 a metaplastic formation of new bone occurs in the tissue4 ,the newly formed bone trabeculae between transplant and old bone begin to connect with those formed in the osteoid tissue in the seventh week1 and in this way constitute the bone connection between the graft and the original bone which have completely grown together in the ninth week4 ,after the twelfth week no old bone can be detected in the entire region of the original graft1 but only new bone trabecula4 ,the question of the ever present hematoma can be answered in this way3 a blood extravasation1 lying in the gap between the transplant and the old bone1 and not being subject to pressure1 represents an adequate stimulation to the mesenchymal germinal tissue formation1 while the large hemorrhage represents a negative stimulation and permits only a scarry connection of the transplant and the defective stump4 ,the periosteum is no more important than the other layers1 it is transplanted with the bone1 because in connection with the bone it has osteogenetic properties1 but above all it effects a speedy supply from the surroundings4 ,a careful technique must be employed to spare the tissue layers1 and bleeding must be stanched4 ,foreign bodies in the shape of wire slings to hold the transplant usually heal well into the body4 ,firm fixation in a plaster cast safeguards the result4 ,when the graft has taken1 a careful start with remedial exercises may be made in the third or fourth month4 ,the clinical use of free bone transplantations is discussed with the help of numerous examples and many ,x-ray illustrations4 ,the first task of the bone transplant to bridge over a gap in the bone is to provide sufficient support for the defective stump and1 therefore1 it has to be fairly strong4 ,bone splinters in the lower arm have roentgenologically completely taken after #a-a years1 those in the tibia after #a-b years4 ,the free bone transplant1 some distance from the joints1 has proved to be particularly valuable with the usual dislocations of the shoulder and the hip joints4 ,the overlapping bone ridge prevents the bone from coming out of the articular cavity4 ,in the course of years1 the piece lying in the soft parts is considerably reduced1 so that only a small bone ridge remains4 ,the graft effects a regeneration of the damaged edge of the articular cavity and in this way prevents further dislocation4 ,bone transplants in bone gaps after removal of growths are subject to special conditions of taking4 ,hyperemic phenomena in the zone of the tumor edge in the form of a mild inflammation1 possibly also fermentation processes1 accelerate the taking of the transplant compared with the process in healthy tissue4 ,increased local resorption processes1 occasionally with spontaneous fractures1 infrequently prevail1 but they again are apt to heal well4 ,in wounds which heal with difficulty owing to suppurative inflammations1 there is a great danger of the transplant being pushed out4 ,when the whole transplant region is inflamed1 total sequestration cannot be stopped4 ,if suppuration remains localized1 partial sequestration of the transplantation must be awaited4 7,german ,surgical ,journal1 #aidd1 ,vol4 #bii1 ,h4 #i-ab4 ,h4 ,floercken-,frankfurt am ,main47 ,,translation ,,of ,,gebhardt1 ,,fischer1 ,,oberheuser ,,document #ba ,,gebhardt1 ,,fischer1 ,,oberheuser ,,defense ,,exhibit #bj ,,extracts ,,from ,,affidavit ,,of ,,dr4 ,,karl ,,friedrich ,,brunner1 #ad ,,march #aidc1 ,,concerning ,,scientific ,,experiments ,,conducted ,,at ,,the ,,clinic ,,of ,,hohenlychen 99 99 99 99 99 ,i can state the following regarding the scientific experiments at the clinic of ,hohenlychen3 ,it was in accordance with the principles of the clinic and1 therefore1 of the chief and his deputy to collect scientific results arrived at through clinical observations4 ,all reports at congresses and lectures as well as publications were based on these results4 ,the scientific work and research were normally determined by the observations made on the patients4 ,in addition to this1 and in order to clarify the question of surgical treatment of nerve injuries1 experiments on dogs were carried out in close collaboration with ,gebhardt--first by ,dr4 ,koestler in #aici-dj1 later by myself from #aidc to the end of the war4 ,i was ordered by ,dr4 ,gebhardt to carry out the experiments on animals at the training and experimental station for dogs ,hundelehr- und ,versuchsanstalt1 which establishment was situated outside the concentration camp ,ravensbrueck1 and ,i was strictly cautioned not to enter into any kind of contact with the concentration camp itself4 ,the animal experiments were strictly continued until the end of the war4 ,the results were never published because of war conditions4 99 99 99 99 99 ,regarding ,dr4 ,stumpfegger1 ,i can state that he was an assistant of the clinic in peacetime1 before ,i arrived4 ,at the outbreak of war in #aici he joined the ,waffen ,,ss1 and was then1 as far as ,i know1 from #aidb onwards an escorting physician of ,himmler4 ,i did not see ,dr4 ,stumpfegger on my return to ,hohenlychen in autumn #aidc1 nor had he any official connection with the clinic up to the end of the war1 either in a medical or in a military sense4 ,he did not have to report his return or departure to the chief physician or to his deputy4 ,his family1 however1 still lived at ,hohenlychen4 ,i still met him occasionally outside the medical sphere4 ,i emphasize that during my presence at the clinic from #a ,september #aidc up to the end of the war1 as far as ,i know--and finally ,i was directing the clinic--no assistant was drafted from ,hohenlychen to ,ravensbrueck4 ,i know that the specialist in pulmonary diseases1 ,dr4 ,heissmeyer1 was working as an assistant and later as chief physician in the so-called sanatorium ,hohenlychen even before ,professor ,gebhardt took over ,hohenlychen4 ,this sanatorium was strictly detached from the surgical wards of the hospital at ,hohenlychen and was not under the professional supervision of the chief physician nor of his deputy2 i4 e41 ,dr4 ,heissmeyer looked after his patients without any supervision by the surgeon1 he made no reports to the chief or his deputy1 he did not participate in the daily discussions of the physicians1 he had his own staff of assistants and carried out his treatments and operations independently2 he also planned his duty journeys independently and made these without reporting to the chief or his deputy on departure or return4 ,,translation ,,of ,,gebhardt1 ,,fischer1 ,,oberheuser ,,document #bb ,,gebhardt1 ,,fischer1 ,,oberheuser ,,defense ,,exhibit #ba ,,extract ,,from ,,affidavit ,,of ,,dr4 ,,jose ,,koestler1 #bg ,,february #aidg1 ,,concerning ,,dr4 ,,gebhardt',s ,,activities 99 99 99 99 99 ,when ,professor ,dr4 ,karl ,gebhardt and ,i1 at the ,third ,conference of ,consulting ,specialists of the ,german ,wehrmacht in ,may #aidc1 lectured on surgical aid for peripheral nerve damage1 we were1 on the one hand1 interpreting the results of animal experiments carried out on dogs from #aich to #aidj in the ,langenbeck-,virchow ,hospital1 ,berlin1 and in the institutes of ,professor ,holz 7,institute for ,experimental ,hormone and ,cancer ,research7 and ,professor ,ostertag 7,pathological ,institute71 and1 on the other hand1 announcing surgical methods as they had been frequently used during the previous years4 ,under the title of 8,preparatory and ,restorative ,surgery in cases of ,peripheral ,nerve ,damage10 ,i recorded these experiences in the 8,german ,journal for ,surgery10 volume #bei1 ,nos4 #a-d1 #aidc1 and in my habilitation paper 7#aidc1 ,university of ,berlin74 ,i emphasize expressly that this series of experiments was carried out exclusively on animals4 ,from #a ,july #aich to #bf ,august #aici ,i was in the ,red ,cross hospital at ,hohenlychen 7,department for ,sport and ,industrial ,injuries74 ,during the following war years1 after ,i was drafted into the ,wehrmacht1 ,i worked there repeatedly for short periods4 ,i am convinced that the medical care there was on an especially high level and that ,professor ,gebhardt as chief physician did everything possible to improve the treatment and its results4 ,,extracts ,,from ,,the ,,testimony ,,of ,,prosecution ,,witness ,,miss ,,karolewska#de ,,direct ,,examination 99 99 99 99 99 ,,mr4 ,,mchaney3 ,what is your name1 please8 ,,witness ,,karolewska3 ,karolewska4 ,q4 ,and that is spelled ,k-a-r-o-l-e-w-s-k-a8 ,a4 ,yes4 ,q4 ,were you born on #ae ,march #aiji at ,yeroman8 ,a4 ,i was born on #ae ,march #aiji in ,yeroman4 ,q4 ,you are a citizen of ,poland8 ,a4 ,yes1 ,i am a ,polish citizen4 ,q4 ,and have you come here as a voluntary witness8 ,a4 ,yes1 ,i came here as a voluntary witness4 ,q4 ,what is your home address8 ,a4 ,warsaw1 ,inzynierska ,street1 ,no4 #i1 ,flat ,no4 #be4 ,q4 ,are you married8 ,a4 ,no4 ,q4 ,are your parents living8 ,a4 ,no1 my parents are dead4 ,q4 ,will you tell the ,tribunal what education you have received8 ,a4 ,i finished elementary school1 and completed the training school for teachers in #aibh4 ,q4 ,and what did you do between #aibh and the beginning of the war in #aici8 ,a4 ,i worked as a teacher in a children's school in ,grudenz4 ,q4 ,and when did you leave that post8 ,a4 ,i finished my work in ,june #aici and went on holiday4 ,q4 ,and did you go back to this position after your holiday8 ,a4 ,no1 ,i did not go back because the war broke out and ,i stayed in ,lublin4 ,q4 ,and what did you do while you were in ,lublin8 ,a4 ,i lived with my sister and did not work at all4 ,q4 ,were you a member of the ,polish ,resistance ,movement8 ,a4 ,yes1 ,i was4 ,q4 ,and what did you do in the ,polish ,resistance ,movement8 ,a4 ,i was a messenger4 ,q4 ,and were you ever arrested for your activity in the ,resistance ,movement8 ,a4 ,i was arrested on the #acth of ,february #aida by the ,gestapo4 ,q4 ,was your sister arrested with you8 ,a4 ,two sisters and two brothers-in-law were arrested with me on the same day4 ,q4 ,what happened to you after you were arrested8 ,a4 ,i was taken to the ,gestapo4 ,q4 ,and what did the ,gestapo do with you8 ,a4 ,the first day the ,gestapo took down my personal data and sent me to the prison in ,lublin4 ,q4 ,and then what happened8 ,just go on and tell the complete story about what the ,gestapo did with you and where you went4 ,a4 ,i stayed #b weeks in the prison in ,lublin and then ,i was taken again to the ,gestapo4 ,there ,i was interrogated and they wanted to force me to confess what kind of work ,i used to do in the ,resistance ,movement4 ,the ,gestapo wanted me to give them the names of persons with whom ,i worked4 ,i did not want to tell them the names and1 therefore1 ,i was beaten4 ,i was beaten by one ,gestapo man1 with brief intervals1 for a very long time4 ,then ,i was taken to a cell4 ,two days later1 at night1 ,i was taken again to the ,gestapo for interrogation4 ,there ,i was beaten again4 ,i stayed in the ,gestapo office one week and then ,i was taken back into the prison in ,lublin4 ,i stayed in the prison till #ba ,september #aida4 ,then ,i was transported with other prisoners to the concentration camp ,ravensbrueck1 where ,i arrived on the #bc;d of ,september #aida4 ,q4 ,now1 ,witness1 before you continue1 will you tell the ,tribunal whether you were ever tried by any court for the crime of being a member of the ,resistance ,movement8 ,a4 ,i was only interrogated by the ,gestapo and ,i think that the sentence must have been passed in my absence because no sentence was ever read out to me4 ,q4 ,all right4 ,will you tell the ,tribunal what happened to you at ,ravensbrueck8 ,a4 ,at ,ravensbrueck our dresses were taken away from us and we received the regular prison dress4 ,then ,i was sent to the block and ,i stayed in quarantine for #c weeks4 ,after #c weeks we were taken to work4 ,the work was hard physical work4 ,in the spring ,i was given other work and ,i was transferred to the workshop1 which was called in ,german 8,betrieb40 ,the work ,i did there was also very hard1 and one week ,i had to work in the daytime and the next week at night4 ,in the spring the living conditions in the camp grew worse and worse1 and hunger began to reign in the camp4 ,the food portions were smaller4 ,we were undernourished1 very exhausted1 and we had no strength to work4 ,in the spring of the same year1 shoes and stockings were taken away from us and we had to walk barefoot4 ,the gravel in the camp hurt our feet4 ,the most tiring was the so-called 8roll calls01 which we had to stand several hours1 sometimes even #d hours4 ,if a prisoner tried to put a piece of paper underneath her feet1 she was beaten and ill-treated in an inhuman way4 ,we had to stand at attention at the roll call place and we were not allowed to move our lips1 because then we were supposed to be praying and we were not allowed to pray4 ,q4 ,now1 ,witness1 were you operated on while you were in the ,ravensbrueck concentration camp8 ,a4 ,yes1 ,i was4 ,q4 ,when did that happen8 ,a4 ,on #bb ,july #aidb1 #ge prisoners from our transport that come from ,lublin were summoned to the chief of the camp4 ,we stood outside the camp office1 and present were ,kogel1 ,mandel1 and one person whom ,i later recognized as ,dr4 ,fischer4 ,we were afterwards sent back to the block and we were told to wait for further instructions4 ,on the #beth of ,july1 all the women from the transport of ,lublin were summoned by ,mandel1 who told us that we were not allowed to work outside the camp4 ,also1 five women from the transport that came from ,warsaw were summoned with us at the same time4 ,we were not allowed to work outside the camp4 ,the next day #ge women were summoned again and we had to stand in front of the hospital in the camp4 ,present were ,schiedlausky1 ,oberheuser1 ,rosenthal1 ,kogel1 and the man whom ,i afterwards recognized as ,dr4 ,fischer4 ,q4 ,now1 ,witness1 do you see ,oberheuser in the defendants' dock here8 ,,interpreter3 ,the witness asks for permission to go near to the dock to be able to see them4 ,,mr4 ,,mchaney3 ,please do4 7,witness walks to dock and points to ,dr4 ,oberheuser47 ,,mr4 ,,mchaney3 ,and ,fischer8 7,witness points to ,dr4 ,fischer47 ,,mr4 ,,mchaney3 ,i will ask that the record show that the witness properly identified the defendants1 ,oberheuser and ,fischer4 ,,presiding ,,judge ,,beals3 ,the record will show that the witness correctly identified the defendants ,oberheuser and ,fischer4 ,,mr4 ,,mchaney3 ,witness1 you have told the ,tribunal that in ,july #aidb1 some #ge ,polish girls1 who were in the transport from ,lublin1 were called before the camp doctors in ,ravensbrueck4 ,,witness ,,karolewska3 ,yes4 ,q4 ,now1 were any of these girls selected for an operation8 ,a4 ,on this day we did not know why we were called before the camp doctors and on the same day #aj out of #be girls were taken to the hospital1 but we did not know why4 ,four of them came back and six stayed in the hospital4 ,on the same day six of them came back to the block after having received some injection1 but we did not know what kind of injection4 ,on the #ast of ,august1 those six girls were called to the hospital again2 those girls who received injections were kept in the hospital1 but we could not get in touch with them to hear from them why they were put in the hospital4 ,a few days later1 one of my comrades succeeded in getting close to the hospital and learned from one of the prisoners that all were in bed and that their legs were in casts4 ,on the #adth of ,august1 the same year1 ,i was called to the hospital and my name was written on a piece of paper4 ,i did not know why4 ,besides me1 eight other girls were called to the hospital4 ,we were called at a time when executions usually took place and ,i thought ,i was going to be executed because some girls had been shot down before4 ,in the hospital we were put to bed and the ward in which we stayed was locked4 ,we were not told what we were to do in the hospital and when one of my comrades put the question she got no answer but an ironical smile4 ,then a ,german nurse arrived and gave me an injection in my leg4 ,after this injection ,i vomited and ,i was weak4 ,then ,i was put on a hospital cot and they brought me to the operating room4 ,there1 ,dr4 ,schiedlausky and ,rosenthal gave me the second intravenous injection in my arm4 ,a while before1 ,i noticed ,dr4 ,fischer1 who left the operating theater and had operating gloves on4 ,then ,i lost consciousness and when ,i revived ,i noticed that ,i was in a proper hospital ward4 ,i recovered consciousness for a while and ,i felt severe pain in my leg4 ,then ,i lost consciousness again4 ,i regained consciousness in the morning1 and then ,i noticed that my leg was in a cast from the ankle up to the knee and ,i felt very great pain in this leg and had a high temperature4 ,i noticed also that my leg was swollen from the toes up to the groin4 ,the pain was increasing and the temperature1 too1 and the next day ,i noticed that some liquid was flowing from my leg4 ,the third day ,i was put on a hospital trolley and taken to the dressing room4 ,then ,i saw ,dr4 ,fischer again4 ,he had on an operating gown and rubber gloves on his hands4 ,a blanket was put over my eyes and ,i did not know what was done with my leg but ,i felt great pain and ,i had the impression that something must have been cut out of my leg4 ,those present were ,schiedlausky1 ,rosenthal1 and ,oberheuser4 ,after the dressing was changed ,i was again put in the regular hospital ward4 ,three days later ,i was again taken to the dressing room1 and the dressing was changed by ,doctor ,fischer with the assistance of the same doctors1 and ,i was also blindfolded4 ,i was then sent back to the regular hospital ward4 ,the next dressings were made by the camp doctors4 ,two weeks later we were all taken to the operating theater again1 and put on the operating tables4 ,the bandage was removed1 and that was the first time ,i saw my leg4 ,the incision went so deep that ,i could see the bone4 ,we were told then that there was a doctor from ,hohenlychen1 ,doctor ,gebhardt1 who would come and examine us4 ,we were waiting for his arrival for #c hours1 lying on our tables4 ,when he came1 a sheet was put over our eyes1 but they removed the sheet and ,i saw him for a short moment4 ,then we were taken back to our regular wards4 ,on #h ,september ,i went back to the block4 ,i couldn't walk4 ,the pus was draining from my leg2 the leg was swollen up and ,i could not walk4 ,in the block1 ,i stayed in bed for one week2 then ,i was called to the hospital again4 ,i could not walk and ,i was carried by my comrades4 ,in the hospital ,i met some of my comrades who were there after the operation4 ,this time ,i was sure ,i was going to be executed because ,i saw an ambulance standing outside the office1 which was used by the ,germans to transport people intended for execution4 ,then we were taken to the dressing room where ,doctor ,oberheuser and ,doctor ,schiedlausky examined our legs4 ,we were put to bed again1 and on the same day1 in the afternoon1 ,i was taken to the operating theater and the second operation was performed on my leg4 ,i was put to sleep in the same way as before1 having received an injection4 ,this time ,i again saw ,doctor ,fischer4 ,i woke up in the regular hospital ward1 and ,i felt a much greater pain and had a higher temperature4 ,the symptoms were the same4 ,the leg was swollen and the pus flowed from my leg4 ,after this operation1 the dressings were changed by ,dr4 ,fischer every #c days4 ,more than #aj days afterwards1 we were again taken to the operating theater and put on the table2 and we were told that ,dr4 ,gebhardt was going to come to examine our legs4 ,we waited for a long time4 ,then he arrived and examined our legs while we were blindfolded4 ,this time other people arrived with ,dr4 ,gebhardt1 but ,i don't know their names1 and ,i don't remember their faces4 ,then we were carried on hospital cots back to our rooms4 ,after this operation ,i felt still worse1 and ,i could not move4 ,while ,i was in the hospital1 ,dr4 ,oberheuser treated me cruelly4 ,when ,i was in my room ,i remarked to fellow prisoners that we were operated on in very bad conditions and left here in this room and that we were not even given a chance to recover4 ,this remark must have been heard by a ,german nurse who was sitting in the corridor1 because the door of our room leading to the corridor was opened4 ,the ,german nurse entered the room and told us to get up and dress4 ,we answered that we could not follow her order because we had great pains in our legs and we could not walk4 ,then the ,german nurse came into our room with ,dr4 ,oberheuser4 ,dr4 ,oberheuser told us to dress and come to the dressing room4 ,we put on our dresses2 and1 being unable to walk1 we had to hop on one leg into the operating theater4 ,after one hop we had to rest4 ,dr4 ,oberheuser did not allow anybody to help us4 ,when we arrived at the operating theater1 quite exhausted1 ,dr4 ,oberheuser appeared and told us to go back1 because the change of dressing would not take place that day4 ,i could not walk1 but somebody1 a prisoner whose name ,i don't remember1 helped me back to the room4 ,q4 ,witness1 you have told the ,tribunal that you were operated on the second time on the #afth of ,september #aidb8 ,is that right8 ,a4 ,yes4 ,q4 ,when did you leave the hospital after this second operation8 ,a4 ,after the second operation ,i left the hospital on #f ,october4 ,q4 ,was your leg healed at that time8 ,a4 ,my leg was swollen up1 caused me great pain1 and the pus drained from my leg4 ,q4 ,were you able to work8 ,a4 ,i was unable to work1 and ,i had to stay in bed because ,i could not walk4 ,q4 ,do you remember when you got up out of bed and were able to walk8 ,a4 ,i stayed in bed several weeks1 and then ,i got up and tried to walk4 ,q4 ,how long was it until your leg was healed8 ,a4 ,the pus was flowing from my leg till ,june #aidc2 and at that time my wound was healed4 ,q4 ,were you operated on again8 ,a4 ,yes1 ,i was operated on again in the bunker4 ,q4 ,in the bunker8 ,that is not in the hospital8 ,a4 ,not in the hospital but in the bunker4 ,q4 ,will you explain to the ,tribunal how that happened8 ,a4 ,may ,i ask permission to tell something which happened in ,march #aidc1 ,march or ,february #aidc8 ,q4 ,all right4 ,a4 ,at the end of ,february #aidc1 ,dr4 ,oberheuser called us and said1 8,those girls are new guinea pigs02 and we were very well known under this name in the camp4 ,then we understood that we were persons intended for experiments1 and we decided to protest against the performance of those operations on healthy people4 ,we drew up a protest in writing and we went to the camp commandant4 ,not only those girls who had been operated on before but other girls who were called to the hospital came to the office4 ,the girls who had been operated on used crutches and they went without any help4 ,i would like to tell you the contents of the petition made by us4 8,we1 the undersigned1 ,polish political prisoners1 ask the commandant whether he knows that since the year #aidb experimental operations have taken place in the camp hospital1 under the name guinea pigs1 explaining the meaning of those operations4 ,we ask whether we were operated on as a result of sentences passed on us because1 as far as we know1 international law forbids the performance of operations even on political prisoners40 ,we did not get any answer2 and we were not allowed to talk to the commandant4 ,on #ae ,august #aidc1 a policewoman came and read off the names of #aj new prisoners4 ,she told us to follow her to the hospital4 ,we refused to go to the hospital1 because we thought that we were intended for a new operation4 ,the policewoman told us that we were probably going to be sent to the factory for work outside the camp4 ,we wanted to make sure whether the labor office was open because it was ,sunday4 ,the policewoman told us that we had to go to the hospital to be examined by a doctor before we went to the factory4 ,we refused to go then because we were sure that we would be kept in the hospital and operated on again4 ,all prisoners in the camp were told to stay in the blocks4 ,all of the women who lived in the same block where ,i was were told to leave the block and stand in line in front of ,block #aj at a certain time4 ,then the ,overseer ,binz appeared and called out #aj names1 and my name was among them4 ,we went out of the line and stood before ,block #i in line4 ,then ,binz said3 8,why do you stand in line as if you were to be executed80 ,we told her that operations were worse for us than executions and that we would prefer to be executed rather than to be operated on again4 ,binz told us that she might give us work2 there was no question of our being operated on1 but we were going to be sent for work outside the camp4 ,we told her that she must know that prisoners belonging to our group were not allowed to leave the camp and go outside4 ,then she told us to follow her into her office1 that she would show us a paper proving that we were going to be sent for work to the factory outside the camp4 ,we followed her and we stood before her office4 ,she was in her office for a while and then went out and went to the canteen where the camp commandant was4 ,she had a conference with him probably asking him what to do with us4 ,we stood in front of the office for half an hour4 ,in the meantime one fellow prisoner who used to work in the canteen walked past4 ,she told us that ,binz had asked for help from ,,ss men to take us to the hospital by force4 ,we stood for a while and then ,binz came out of the canteen accompanied by the camp commandant4 ,we stood for a while near the camp gate4 ,we were afraid that ,,ss men would come to take us1 so we ran away and mixed with other people standing in front of the block4 ,then ,binz and the camp police appeared4 ,they drove us out from the lines by force4 ,she told us that she was putting us into the bunker as punishment for not following her orders4 ,five prisoners were put into each cell although one cell was only intended for one person4 ,the cells were quite dark1 without lights4 ,we stayed in the bunker the whole night long and the next day4 ,we slept on the floor because there was only one couch in the cell4 ,the next day we were given a breakfast consisting of black coffee and a piece of dark bread4 ,then we were locked in again4 ,people were walking up and down the corridor of the bunker the whole time4 ,the same day in the afternoon we learned our fate4 ,the woman guard of the bunker unlocked our cell and took me out4 ,i thought that ,i was to be interrogated or beaten4 ,she took me down the corridor4 ,she opened one door and behind the door stood ,,ss man ,dr4 ,trommel4 ,he told me to follow him upstairs4 ,following ,dr4 ,trommel ,i noticed there were other cells1 with beds and bedding4 ,he put me in one of the cells4 ,then he asked me whether ,i would agree to a small operation4 ,i told him that ,i did not agree to it because ,i had already undergone two operations4 ,he told me that this was going to be a very small operation and that it would not harm me4 ,i told him that ,i was a political prisoner and that operations could not be performed on political prisoners without their consent4 ,he told me to lie down on the bed2 ,i refused to do so4 ,he repeated it twice4 ,then he went out of the cell and ,i followed him4 ,he went quickly downstairs and locked the door4 ,standing in front of the cell ,i noticed a cell on the opposite side of the staircase1 and ,i also noticed some men in operating gowns4 ,there was also one ,german nurse ready to give an injection4 ,near the staircase stood a stretcher4 ,that made it clear to me that ,i was going to be operated on again in the bunker4 ,i decided to defend myself to the last4 ,in a moment ,trommel came back with two ,,ss men4 ,one of these ,,ss men told me to enter the cell4 ,i refused to do it1 so he forced me into the cell and threw me on the bed4 ,dr4 ,trommel took me by the left wrist and pulled my arm back4 ,with his other hand he tried to gag me1 putting a piece of rag into my mouth1 because ,i shouted4 ,the second ,,ss man took my right hand and stretched it4 ,two other ,,ss men held me by my feet4 ,immobilized1 ,i felt somebody giving me an injection4 ,i defended myself for a long time1 but then ,i grew weaker4 ,the injection had its effect2 ,i felt sleepy4 ,i heard ,trommel saying1 8,that is all40 ,i regained consciousness again1 but ,i don't know when4 ,then ,i noticed that a ,german nurse was taking off my dress1 ,i then lost consciousness again2 ,i regained it in the morning4 ,then ,i noticed that both my legs were in iron splints and were bandaged from the toes up to the groin4 ,i felt a severe pain in my feet1 and had a temperature4 ,on the afternoon of the same day1 a ,german nurse came and gave me an injection1 in spite of my protests2 she gave me this injection in my thigh and told me that she had to do it4 ,four days after this operation a doctor from ,hohenlychen arrived1 again ,i was given an injection to put me to sleep1 and as ,i protested he told me that he would change the dressing2 ,i felt a higher temperature and a greater pain in my legs4 99 99 99 99 99 ,q4 ,how many times did you see ,gebhardt8 ,a4 ,twice4 ,q4 ,i will ask you to step down and walk over to the defendants' dock and see whether or not you find the man ,gebhardt sitting in the dock4 7,the witness complied and pointed to the defendant ,gebhardt47 ,thank you4 ,sit down4 ,i will ask that the record show that the witness properly identified the defendant ,gebhardt4 ,,presiding ,,judge ,,beals3 ,the record will show that the witness identified the defendant ,gebhardt in the dock4 ,,mr4 ,,mchaney3 ,i have no further questions at this time4 ,,presiding ,,judge ,,beals3 ,will ,dr4 ,alexander again be put on the stand in connection with the examination of this witness8 ,,mr4 ,,mchaney3 ,yes1 but if there is any cross-examination we can probably finish that before lunch4 ,,presiding ,,judge ,,beals3 ,do any of the defense counsel desire to cross-examine this witness8 ,,dr4 ,,seidl 7counsel for the defendants ,gebhardt1 ,oberheuser1 and ,fischer73 ,i do not intend to cross-examine this witness1 but this does not mean that my clients admit the correctness of all statements made by this witness4 ,,presiding ,,judge ,,beals3 ,does any other of the defense counsel desire to examine the witness8 7,no response47 ,,extract ,,from ,,the ,,testimony ,,of ,,the ,,prosecution ,,expert ,,witness ,,dr4 ,,leo ,,alexander#df ,,direct ,,examination ,,mr4 ,,mchaney3 ,doctor1 can you express any opinion as to the purpose of the type of operation to which she ,karolewska was subjected1 that is the bone removal8 ,,dr4 ,,alexander3 ,i think it must have been one of the experiments which aimed at the question of regeneration of bone or possible transplantation of bone4 ,chances are that this tibial graft was either implanted in another person or that grafts had been exchanged4 ,of course today1 #c years after the experiment1 no trace of transplantation is left in this individual4 ,or if the object was1 as alleged in some statements ,i have seen1 that tibial grafts were exchanged between the two legs1 one must conclude that the experiment was negative because there is no evidence that a graft took4 ,all we see now are the consequences of removal of a graft1 and the graft had included the entire compact part of the bone1 otherwise the repair would have been better4 ,if some part of the compact had remained1 the periosteum would have probably regenerated and today1 #c years after the operation1 no ,x-ray would have shown the defect4 ,so ,i feel that rather deep grafts were taken which went down into the spongiosa4 ,whether anything was replaced that later was destroyed1 ,i do not know1 except the patient stated that there was a purulent discharge1 indicating that the wound had become infected1 and her statement of a subsequent operation1 in fact1 if ,i am not mistaken1 two subsequent operations1 indicates the probability that the grafts did not take and that they were removed after infection had become obvious4 ----- #dc ,final plea is recorded in mimeographed transcript1 #ae ,july #aidg1 pp4 #ajhgd-ajiaj4 #dd ,dr4 ,maczka appeared as witness before the ,tribunal1 #aj ,january #aidg1 ,tr4 pp4 #adcj-adfb4 #de ,complete testimony is recorded in mimeographed transcript1 #bj ,dec4 #aidf1 pp4 #hae-hcb4 #df ,this testimony is recorded in mimeographed transcript1 #bj ,dec4 #aidf1 pp4 #hcb-hch4 #g4 ,,sea-,,water ,,experiments a4 ,introduction ,the defendants ,karl ,brandt1 ,handloser1 ,rostock1 ,schroeder1 ,gebhardt1 ,rudolf ,brandt1 ,mrugowsky1 ,poppendick1 ,sievers1 ,becker-,freyseng1 ,schaefer1 and ,beiglboeck were charged with special responsibility for and participation in criminal conduct involving sea-water experiments 7par4 #f 7,g7 of the indictment74 ,in the course of the trial the prosecution withdrew the charge in the case of ,mrugowsky4 ,on this charge the defendants ,schroeder1 ,gebhardt1 ,sievers1 ,becker-,freyseng1 and ,beiglboeck were convicted and the defendants ,karl ,brandt1 ,handloser1 ,rostock1 ,rudolf ,brandt1 ,poppendick1 and ,schaefer were acquitted4 ,the prosecution's summation of the evidence on the sea-water experiments is contained in its final brief against the defendant ,schroeder4 ,extracts from that brief are set forth below on pages #dai to #ddc4 ,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 ,beiglboeck4 ,it appears below on pages #dcd to #ddf4 ,this argumentation is followed by selections from the evidence on pages #ddg to #did4 b4 ,selection from the ,argumentation of the ,prosecution ,,extracts ,,from ,,the ,,closing ,,brief ,,against ,,defendant ,,schroeder ,sea-,water ,experiments 99 99 99 99 99 ,on #ai ,may #aidd a conference was held at the ,german ,air ,ministry which was attended by ,christensen1 ,schickler1 ,becker-,freyseng1 and ,schaefer1 among others4 ,this conference was concerned with the problem of the potability of sea-water4 ,two methods of making sea-water drinkable were then available to the ,medical ,service of the ,luftwaffe4 ,one1 the so-called ,schaefer method1 had been chemically tested and apparently produced potable sea-water4 ,it had the disadvantage1 however1 of requiring substantial amounts of silver which was available only in limited quantities4 ,the second method1 so-called ,berkatit1 was a substance which changed the taste of sea-water but did not remove the salt4 ,it had the advantage of simplicity of manufacture and use4 ,at the conference on #ai ,may the defendant ,becker-,freyseng reported on certain clinical experiments which had been conducted by von ,sirany to test ,berkatit4 ,he came to the conclusion that the experiments had not been conducted under sufficiently realistic conditions of sea distress4 ,he reported that the ,chief of the ,medical ,service of the ,luftwaffe was-- 899 99 99 convinced that1 if the ,berka method is used1 damage to health had to be expected not later than #f days after taking ,berkatit1 which damage will result in permanent injuries to health and--according to the opinion of ,unterarzt ,dr4 ,schaefer--will finally result in death after not later than #ab days4 ,external symptoms are to be expected such as dehydration1 diarrhea1 convulsions1 hallucinations1 and finally death40 7,,no-#aag1 ,pros4 ,ex4 #acc47 ,as a result of this conference it was agreed to conduct new experiments4 ,they were to include a series of experiments for a maximum of #f days during which one group was to be given sea-water processed with ,berkatit1 another group ordinary drinking water1 another group no drinking water at all1 and the final group such water as was available in the emergency sea distress kits then used4 ,a second series of experiments was decided upon and the report stated3 8,persons nourished with sea-water and ,berkatit1 and as diet also the emergency sea rations4 8,duration of experiments3 #ab days4 8,since in the opinion of the chief of the medical service permanent injuries to health1 that is1 the death of the experimental subjects has to be expected1 as experimental subjects such persons should be used as will be put at the disposal by ,reichsfuehrer ,,ss40 7,,no-#agg1 ,pros4 ,ex4 #acc47 ,thus1 with full knowledge that the use of ,berkatit for periods of #f days would result in permanent injuries to the experimental subjects and that death would result no later than the #abth day1 plans were made to conduct experiments of #f and #ab days' duration4 ,it should be noted that the conference report does not state that the duration was a maximum of #ab days as in the case of the first series of experiment4 ,the duration was to be #ab days in any event4 ,since it was known that volunteers could not be expected under such conditions1 the conference determined to use inmates of concentration camps which would be put at their disposal by the ,,ss4 ,at a second meeting on #bj ,may #aidd1 the report states that 8it was decided that ,dachau was to be the place where the experiments were 7to be7 conducted40 7,,no-#agg1 ,pros4 ,ex4 #acc47 ,copies of the report on the conferences were sent1 among others1 to the ,medical ,experimentation and ,instruction ,division of the ,air ,force1 ,jueterbog1 to which the defendants1 ,schaefer and ,holzloehner1 who conducted the freezing experiments with ,rascher1 were attached2 to the ,german ,aviation ,research ,institute1 ,berlin-,adlershof1 to which the defendants ,ruff and ,romberg were attached2 to the ,medical ,inspectorate of the ,luftwaffe 7,l4 ,in4 #ad72 and to the ,reich ,leader ,,ss4 ,the report was signed by ,christensen of the ,technical ,office of the ,reich ,air ,ministry4 ,on #g ,june #aidd the defendant ,schroeder wrote to ,himmler through ,grawitz asking for concentration camp inmates to be used as subjects in the sea-water experiments4 ,this letter reads in part as follows3 8,earlier already you made it possible for the ,luftwaffe to settle urgent medical matters through experiments on human beings4 ,today again ,i stand before a decision which1 after numerous experiments on animals as well as human experiments on voluntary experimental subjects1 demands a final solution4 ,the ,luftwaffe has simultaneously developed two methods for making sea-water potable4 ,the one method1 developed by a medical officer1 removes the salt from the sea-water and transforms it into real drinking water2 the second method1 suggested by an engineer1 leaves the salt content unchanged1 and only removes the unpleasant taste from the sea-water4 ,the latter method1 in contrast to the first1 requires no critical raw material4 ,from the medical point of view this method must be viewed critically1 as the administration of concentrated salt solutions can produce severe symptoms of poisoning4 8,as the experiments on human beings could thus far only be carried out for a period of #d days1 and as practical demands require a remedy for those who are in distress at sea up to #ab days1 appropriate experiments are necessary4 8,required are #dj healthy test subjects1 who must be available for #d whole weeks4 ,as it is known from previous experiments that necessary laboratories exist in the concentration camp ,dachau1 this camp would be very suitable40 ,emphasis supplied4 7,,no-#ahe1 ,pros4 ,ex4 #acd47 ,schroeder concluded his letter by stating that the experiments would be directed by the defendant ,beiglboeck4 99 99 99 99 99 ,that these experiments were carried out on nonvoluntary subjects is also proved by ,grawitz' letter to ,himmler on #bh ,june #aidd4 7,,no-#agi1 ,pros4 ,ex4 #ace47 ,in this letter ,grawitz reports the opinions of ,gebhardt1 ,gluecks1 and ,nebe1 as well as his own1 on the proposed experiments4 ,gluecks stated that he had no 8objections whatsoever to the experiments requested by the ,chief of the ,medical ,service of the ,luftwaffe to be conducted at the ,rascher experimental station in the ,dachau concentration camp4 ,if possible1 ,jews or prisoners held in quarantine are to be used40 ,it is impossible to imagine a ,jew being asked to volunteer for anything in the ,third ,reich when they were being slaughtered by the millions in the concentration camps4 ,nebe stated3 8,i proposed taking for this purpose the asocial gypsy half-breeds4 ,there are people among them1 who1 although healthy1 are out of the question as regards labor commitment4 ,regarding these gypsies1 ,i shall shortly make a special proposal to the ,reich ,leader1 but ,i think it right to select from among these people the necessary number of test subjects4 ,should the ,reich ,leader agree to this1 ,i shall list by name the persons to be used40 ,it is a little difficult to imagine how ,nebe1 chief of the ,reich ,criminal ,police1 could 8list by name0 gypsy volunteers for these experiments4 ,grawitz raised the objection to the use of gypsies on the ground that they were 8of somewhat different racial composition0 and he therefore wanted experimental subjects racially comparable to ,european peoples4 ,himmler decided that gypsies plus three others for control should be used4 7,,no-#ahc1 ,pros4 ,ex4 #acf47 ,schroeder testified that he tried to arrange for carrying out the sea-water experiments at the ,luftwaffe hospital in ,brunswick4 ,he remembered very specifically1 according to his testimony1 that he had contacted the commander of that hospital on #a ,june #aidd4 ,he stated that he also attempted to obtain students as experimental subjects from the ,luftwaffe ,medical ,academy in the latter part of ,may #aidd4 ,both of these attempts to obtain volunteers allegedly failed because of the lack of clinical facilities and the calling up of students to active service4 ,schroeder testified that he went to the ,,ss only after he had exhausted all other possibilities4 ,he would have the ,tribunal believe that there was no place to find #dj volunteers and the necessary clinical facilities1 although von ,sirany had conducted such experiments in ,vienna on ,wehrmacht soldiers1 but of course for only #d days4 7,tr4 pp4 #cfeg-i47 ,in connection with this testimony of ,schroeder's1 it should be noted that the records of the conference on #ai and #bj ,may #aidd were immediately sent to the ,,ss4 ,the decision to use concentration camp inmates did not await any efforts to find volunteers but was made at the conference of #ai ,may4 ,it was known that because of the very nature of the experiments which were planned volunteers could not be obtained4 ,contrariwise1 it is impossible to believe that the commanding officer of the whole of the ,medical ,service of the ,luftwaffe was unable to obtain #dj volunteers for the experiments which he claims were so innocuous4 ,there were no regulations which forbade experiments on members of the ,wehrmacht4 7,tr4 p4 #cffj47 ,the defense witness ,haagen1 in connection with his proposed epidemic jaundice experiments on human beings1 as set forth in his letter of #bg ,june #aidd to ,kalk1 who was attached to the staff of ,schroeder1 insisted at great length that he planned to use volunteers from the student companies of the ,wehrmacht at ,strasbourg1 ,freiburg1 or ,heidelberg4 7,tr4 p4 #iegh47 ,he was positive that student volunteers would have been made available4 ,he stated that he could have used them during their vacations4 7,tr4 p4 #iegi47 ,kalk was also sure that this could have been done4 ,haagen emphasized repeatedly that volunteers were available4 7,tr4 p4 #iehj47 ,clinical facilities would have been easily obtained in reserve hospitals4 7,tr4 p4 #ieha47 ,schroeder testified that he did not know that ,berkatit would cause death in not more than #ab days4 7,tr4 p4 #cfff47 ,he could not remember whether ,schaefer had told him that taking ,berkatit for #ab days would cause death4 ,in a pretrial interrogation1 he specifically denied that4 7,tr4 p4 #cffh47 ,he testified that while both ,becker-,freyseng and ,schaefer were at the ,nuernberg meeting in ,october #aidb at which the report on the freezing experiments at ,dachau was given1 neither of them reported to him about it when he proposed going to ,dachau to conduct the sea-water experiments4 7,tr4 p4 #cffi47 ,schroeder denied that he had ever seen the report on the meeting of #ai and #bj ,may #aidd 7,,no-#agg1 ,pros4 ,ex4 #acc7 on the sea-water experiments4 7,tr4 p4 #cffb47 ,although a copy of this report was sent to ,himmler1 he would have the ,tribunal believe that it was a sheer coincidence that he turned to ,himmler for experimental subjects without having seen the report4 7,tr4 p4 #cffi47 ,he testified that he told ,grawitz in a meeting with him that he wanted the experiments carried out on dishonorably discharged soldiers4 7,tr4 p4 #cfgj47 ,grawitz allegedly said that he would respect this wish4 ,schroeder stated that he made it clear to ,grawitz that the subjects had to be volunteers1 with a little food as a reward4 7,tr4 p4 #cfgb47 ,he further testified that he told ,grawitz that the experiments had to be controlled by the ,luftwaffe4 ,during a pre-trial interrogation1 he swore that he knew nothing about the sea-water experiments1 that the ,,ss took it out of his hands and he had no influence4 7,tr4 pp4 #cfaj-a47 ,schroeder had no idea1 according to his testimony1 that foreigners were incarcerated in concentration camps4 ,he said that he knew that gypsies were used as experimental subjects only after the report by ,beiglboeck in ,berlin in ,october #aidd4 7,tr4 p4 #cfgf47 ,he testified that he instructed ,beiglboeck that ,berkatit was to be used only until the subjects said they could not tolerate any more4 7,tr4 p4 #cfgg47 ,he admitted having heard the report by ,beiglboeck on the experiments1 together with ,becker-,freyseng and ,schaefer1 among others1 but that he did not hear the complete report as he had to leave the meeting early4 7,tr4 pp4 #cfgi-hj47 ,the charts kept by the defendant ,beiglboeck on each of the experimental subjects--which the defense was finally forced into submitting in evidence1 after attempting to use them through the defense 8expert0 ,vollhardt without offering the documents themselves--give some of the details as to the experiments1 although under the circumstances their reliability is doubtful4 7,tr4 p4 #icha47 ,certain alterations in these records which will be discussed at a later point1 indicate that they are not entitled to great weight4 ,the experiments began in ,august #aidd and continued until the middle of ,september4 ,forty-four experimental subjects were used4 ,subjects one to six were deprived of all food and water for periods from #e to #g days4 ,the duration of the experiments given herein is based upon the starting date of the morning of #bb ,august1 as contended by the defense1 although there is some evidence indicating that the starting date was #ba ,august4 ,if the experiment was interrupted in the forenoon1 no additional day or part thereof is counted4 ,if it was interrupted between noon and #agjj hours1 one-half day is added1 while if it was interrupted after #agjj hours1 a full day is added4 ,subjects #g through #aj were given #a1jjj cc4 of ,schaefer water for #ab1 #ac1 and #ab days1 respectively1 and hungered for #g1 #h1 and #i days1 respectively4 ,subject ,no4 #i was not used for reasons of health4 ,this was the defense witness ,mettbach4 ,subjects #aa through #ah were given #ejj cc4 of sea-water plus the emergency sea ration which contained approximately a total of #b1djj calories4 ,these experiments lasted from #e to #aj days4 ,they hungered up to #f days4 ,several of these subjects1 for example1 #aa1 #ac1 #ag1 and #ah were subjected to two separate experiments of #h and #f days1 #f and #e days1 #g and #e days1 and #aj and #d days1 respectively4 ,subjects #ai through #be were given #ejj cc4 of ,berkatit plus the emergency sea ration4 ,the duration of the experiments lasted from #e to #i days with periods of hunger up to #f days4 ,subjects #ai and #bj underwent two separate experiments of #g and #e days each4 ,subjects #bf through #cj were given #a1jjj cc4 of ,berkatit plus the emergency sea ration4 ,duration of the experiments was from #e to #i days with periods of hunger up to #f days4 ,subject #bi underwent two experiments of #h and #e days4 ,subjects #ca and #cb were given #a1jjj cc4 of sea-water for #h and #f days1 respectively4 ,subject #ca was subjected to an additional experiment of #e days4 ,subject #cc was given #ejj cc4 of ,berkatit for #f days2 subject #cd1 #a1jjj cc4 of ,schaefer for #ab days1 subjects #ce through #cg1 #ci1 #da1 and #db were given #ejj cc4 of sea-water for periods ranging from #d to #f days2 subjects #ch1 #dj1 and #dc were given #a1jjj cc4 of sea-water for #f1 #e1 and #f days2 and subject #dd was given ,schaefer water for #ab days4 ,the clinical charts on the experiments also supply us with the ages of the experimental subjects4 ,subjects #ag1 #ai1 #bj1 #ce1 #cg1 #dj1 and #dc were all under the age of #ba4 ,subject #dj was #af years old2 subjects #ag1 #ai1 and #cg were #ag years old2 subject #ce was #ah years old2 subject #dc was #ai years old2 and subject #bj was #bj years old4 ,needless to say1 no effort was made to obtain the consent of the parents or guardians of these minors4 ,the defendant ,beiglboeck testified that he reported to ,berlin at the end of ,june #aidd where he was told by ,becker-,freyseng that he was to carry out the sea-water experiments in ,dachau4 ,he also saw ,schroeder previously in connection with the experiments4 ,he said he attempted to withdraw because he had a horror of working in a concentration camp4 ,he did not refuse to perform the experiments because he was afraid of being called to account for failure to obey orders4 7,tr4 pp4 #hhbh-i47 ,becker-,freyseng told him that the purpose of the experiments was1 first1 to find out if ,berkatit was useful2 second1 to test the ,schaefer method2 and third1 to see whether it would be better to go completely without sea-water or to drink small quantities of it4 7,tr4 p4 #hhcb47 ,he said he was told by the officials in ,dachau that the gypsies who were to be used in the experiments were held as 8asocial0 persons4 ,beiglboeck apparently considers himself an expert on asocials4 ,he testified that it was his understanding that a whole family could be classified asocial1 although this 8does not exclude the possibility that1 in this family1 there may be a large number of persons who did not commit any crime40 7,tr4 p4 #hhdh47 ,he testified that he called the experimental subjects together and told them what the experiment was about and asked them if they wanted to participate4 7,tr4 p4 #hhdi47 ,he did not tell them how long the experiment would last4 ,he did not tell them that they could withdraw at any time4 ,he testified that he had to require that they thirst for a certain period4 ,the decision as to their being relieved from the experiment lay with him4 7,tr4 p4 #hhej47 ,during the course of the experiments he testified that the subjects revolted on one occasion because they did not get the food they had been promised4 7,tr4 p4 #hhfc47 ,they did not get food for several days because of a delay in delivery4 7,tr4 p4 #hhfh47 ,the subjects were locked in a room during the experiments4 ,beiglboeck testified that3 8,they should have been locked in a lot better than they were1 because then they would have had no opportunity at all to get fresh water on the side40 7,tr4 p4 #hhfd47 ,he stated that the danger point would be reached in about seven days drinking #ejj cc4 of sea-water1 while in cases of #a1jjj cc4 of sea-water1 it would be #d days4 7,tr4 pp4 #hhgf-g47 ,compare the much longer duration of the experiments as set out above4 ,it was readily apparent to the prosecution after an inspection of the clinical charts kept during the course of the experiments that a number of alterations had been made in them4 ,these records were in the exclusive possession of defense counsel prior to the testimony of ,vollhardt1 whose expert opinion was based in part upon such records4 ,in a large number of instances the names of the experimental subjects have been erased from the charts1 obviously in an effort to make it impossible to locate such persons for the purpose of giving testimony4 ,an examination of the charts further reveals that the final weights of the experimental subjects were written on the charts in a different shade of ink from the remainder of the records4 ,in some cases these weights were written over the original pencil notations2 for example1 on chart ,c-#b the final weight of #fb kilograms in pencil was written over in ink to read #fd kilograms4 ,beiglboeck admitted that the red arrows purporting to indicate the start of the experiments1 usually appearing under the date ,august #bb1 were made by him in #aide1 long after the experiment had been completed4 7,tr4 p4 #hiji47 ,in charts #a to #cb a red mark under the date ,august #ba appears1 which would indicate that the experiments very probably began on that date4 ,certain notes in ,german shorthand appear on the back of chart ,c-#bc4 ,beiglboeck admitted that he wrote these notes himself4 7,tr4 p4 #higj47 ,beiglboeck testified that3 8,we ,beiglboeck and his defense counsel were in agreement at all times that the charts and curves should be submitted in the same way as we received them here40 7,tr4 p4 #hiba47 ,he repeatedly stated that he did not make any erasures on the charts in ,nuernberg4 7,tr4 pp4 #hibb1 #higc1 #hige-f47 ,when the proof left him no alternative1 ,beiglboeck finally admitted having made changes and erasures in the notes on the back of chart ,c-#bc in ,nuernberg4 7,tr4 p4 #high47 ,these notes give a clinical report on one of the experimental subjects who was critically ill4 ,the following is a restoration of the original stenographic notes insofar as they could be translated3 8,the thirst assumes forms difficult to endure4 ,the patient lies there quite motionless with half-closed eyes4 ,he takes no notice of his surroundings4 ,he asks for water only when he awakes from his semiconscious condition 7half a line erased74 8,the appearance is very bad--looks doomed4 ,the general condition gives cause for alarm4 8,respiration more shallow1 labored1 moderately frequent4 8,respirations #be per minute4 8,the eyes are deeply hollowed1 the turgor of the skin greatly reduced4 8,skin dry1 tongue completely dry1 whitish coating in the middle fairly loose4 8,the mucous membranes of the mouth and the lips dry1 latter covered with crusts4 ,lungs show slight very dry bronchitis lower border ,,vi-,,xii1 sharpened vesicular respiration4 8,heartbeats very low hardly audible4 ,filling of the pulse weaker4 ,increased thickness of walls of blood vessels4 ,frequency #gb1 liver1 #b-c fingers below sternal margin1 rather soft1 moderately sensitive to pressure2 spleen on percussion slightly enlarged4 8,musculature hypotonic4 ,joints over-extendable4 ,calves slightly sensitive to pressure4 ,indications of transverse welt formation1 marked longitudinal welt formation4 ,romberg plus plus4 ,reflexes plus plus4 ,abdominal reflexes plus plus4 ,babinski negative4 ,eife phenomenon4 ,oppenheim negative4 ,rossolimo negative4 ,tonus of the bulb of the eye bad4 ,bulbus reflex positive4 7,interruption470 ,beiglboeck had substituted the word 8somnolent0 for the word 8semiconscious0 in the last line of the first paragraph4 ,in this same paragraph half a line was completely erased and could not be translated4 ,beiglboeck purported not to remember what it said1 an obvious falsehood since it was erased out of fear of the truth4 ,in the last sentence of the second paragraph1 ,beiglboeck altered the notes to read 8,the general condition gives no cause for alarm40 ,in the first line of the eighth paragraph1 ,beiglboeck substituted the word 8poorly0 for 8hardly40 ,the notation 8,romberg plus plus0 means that the subject has an 8uncertain0 ability to stand4 7,tr4 p4 #hihb47 ,he said that these notes refer to subject number #cj rather than subject #bc4 7,tr4 p4 #hihd47 ,beiglboeck testified that he made no further changes1 erasures1 or alterations in ,nuernberg4 7,tr4 p4 #hiib47 ,that ,beiglboeck's testimony as a whole is completely unreliable is evidenced by the fact that he also made erasures in the notes on the back of chart ,a-#bi4 ,these notes1 insofar as they can be translated1 read as follows3 8,the thirst again becomes very severe4 ,patient lies down on his back and rolls about4 ,also gets 99 99 99 a typical stereotyped organic rigid seizure with severe tetanic symptoms such as from his 99 99 991 symptoms 99 99 994 ,in view of the fact that in the last two days he has been drinking a great deal of water 99 99 99 quarter plus half liter1 he is being taken out of the experiment4 8#c_/i ,again taken into the experiment4 8#e_/i ,again complains about very severe thirst4 8#f_/i ,feeling of thirst very severe1 tongue dry and coated4 ,fetid smell from the mouth4 ,skin dry and hot1 liver significantly enlarged1 reflexes very lively1 blood vessels show thickening of walls1 musculature over-excitable4 8#g_/i ,psychic state has changed4 ,somnolence4 ,tongue dry1 musculature feels stiffened4 ,considerable weakness of musculature with atoxic manifestation4 ,romberg positive4 ,blood vessels still 99 99 991 pulse poorly filled1 marked bradycardia1 respiration accelerated4 ,general condition the next word erased and not legible1 liver greatly enlarged40 ,in the case of subject #be1 ,beiglboeck testified that this man was ,x-rayed several times and apparently had acute bronchitis4 ,his fever went up to #ci4h ,centigrade4 7,tr4 p4 #hiih47 ,he complained of a stomach ailment before the experiment began4 7,tr4 p4 #ijjj47 ,he was still sick when ,beiglboeck left ,dachau on #ae ,september4 7,tr4 p4 #ijjb47 ,subject #ci was a man #di years old2 ,he was given #ejj cc4 of ,berkatit for a period of four days1 namely1 from #a ,september to #d ,september1 when the experiment was interrupted at #aicj hours4 ,beiglboeck used the truth with characteristic economy when he testified that the man was undergoing the experiment only three days4 7,tr4 p4 #ijaj47 ,he admitted having performed numerous lumbar and liver punctures on the subjects4 7,tr4 p4 #hicc47 ,a number of experimental subjects were able to gain access to fresh water in spite of the efforts of ,beiglboeck to prevent them4 ,beiglboeck and his defense counsel assumed the anomalous position that this somehow mitigates his guilt4 ,it is difficult to understand how this self-help on the part of the subjects1 which undoubtedly saved the lives of the majority of them1 could be raised as a mitigating factor when ,beiglboeck did everything in his power to prevent that4 ,as a matter of fact he did not even know that the experimental subjects in the first group1 that is to say from #a to #cb1 had been able to get at fresh water4 ,he testified that3 8,i should like to say that in the second group1 when ,i knew their devices from my experience with the first group1 ,i knew what to do and broke off the experiments4 ,if ,i had wanted to continue the experiments1 ,i would have done it in the second group too4 ,this ,i did in the first group only became at first ,i did not realize the significance of their failure to lose weight40 ,emphasis supplied4 7,tr4 p4 #ijbb47 ,thus ,beiglboeck says1 in effect1 that although he did not know that the experimental subjects gained access to fresh water1 and although he continued the experiments far beyond what he himself knew to be the danger point1 nonetheless he is to be excused because some of the experimental subjects drank fresh water secretly in spite of his efforts to prevent it4 ,the expert witness1 ,dr4 ,ivy1 testified for the prosecution concerning sea-water experiments4 ,he1 himself1 participated in an experiment of three days during which he consumed #b1djj cc4 of sea-water with a caloric intake of #ajh per day in the form of candy4 ,he suffered marked dehydration and was at the point of developing hallucinations4 ,a second volunteer in these experiments took #b1jjj cc4 in a little over one day and developed vomiting and diarrhea to such an extent that the experiment had to be stopped4 7,tr4 p4 #ijch-i47 ,compare the amounts of sea-water taken by ,beiglboeck's subjects4 ,for scientific data concerning the effect of sea-water on the human body1 see ,transcript pages #ijci-da4 ,dr4 ,ivy pointed out certain basic inconsistencies in the testimony of the defense expert witness1 ,vollhardt4 7,tr4 pp4 #ijda-dc47 ,dr4 ,ivy testified that it was entirely unnecessary to perform these experiments for the purpose of establishing the potability of sea-water processed by the ,berka method4 ,this could have been determined chemically in a matter of one-half hour4 7,tr4 pp4 #ijdc-d47 ,he stated that if #a1jjj cc4 of sea-water or ,berkatit were taken per day1 it would cause death in less than #ab days4 ,death would occur between the #hth and the #adth day if #ejj cc4 were consumed per day under ideal conditions4 7,tr4 p4 #ijde47 ,the statement in the report of the conferences on #ai and #bj ,may #aidd that if ,berka water was used1 damage to health was to be expected not later than six days and would lead to death not later than #ab days is essentially correct4 7,tr4 p4 #ijdd47 ,this document shows that the planned duration of the experiments was #ab days4 ,dr4 ,ivy testified that it would be unnecessary to conduct experiments for more than three or four days to show that ,berkatit was just as dehydrating as sea-water4 7,tr4 p4 #ijdf47 ,he stated that these experiments make sense only if they were trying to determine the survival time of human beings on #ejj cc4 and #a1jjj cc4 of sea-water per day4 ,it is clear that the experimental plan anticipated deaths4 7,tr4 pp4 #ijdf-g47 ,dr4 ,ivy testified that1 on the basis of his studies of the charts kept during the course of the experiments1 there was an insufficient observation period after the experiments to determine whether there were any delayed damaging effects to the experimental subjects4 7,tr4 p4 #ijdi47 ,the results of the experiments are not scientifically reliable4 7,tr4 p4 #ijea47 ,dr4 ,ivy pointed out that the chart of subject #c proved that he was too weak to stand and have his blood pressure taken on several occasions4 7,tr4 p4 #ijeb47 ,this was one of the subjects in the fasting and thirsting group4 ,he was given an injection of coronine on #bi ,august and strychnine on #cj and #ca ,august4 ,both of these drugs are heart stimulants and the clinical picture indicates that this subject was ill or markedly disabled by the experiments4 7,tr4 p4 #ijec47 ,eight to fourteen days is the range of survival time of strong men under ideal conditions for thirsting and fasting4 7,tr4 p4 #ijec47 ,as a result of his study of the clinical records1 ,dr4 ,ivy testified that subjects #c1 #ad1 #cf1 #cg1 #ci1 #ca1 #bc 7or #cj71 #be1 #bh1 and #bi were ill during the experiments4 ,subjects #c1 #bc1 7or #cj71 and #be were especially ill and there is a possibility that they were permanently injured or died as a result of the experiments4 7,tr4 pp4 #ijeh-i47 ,the subject to whom the notes on the back of chart ,c-#bc applied was very sick and in a coma4 7,tr4 p4 #ijfa47 ,the changes made in the stenographic notes by the defendant ,beiglboeck make the subject appear to be in a better condition than he actually was4 7,tr4 pp4 #ijfb-c47 ,the bulbous reflex referred to in these notes means the pressing of the eyeball to determine the degree of coma4 8,tonus of ball of eyes is bad0 indicates the blood pressure was low and the circulation was quite poor4 ,this is a bad prognostic sign and might indicate impending death4 7,tr4 p4 #ijfd47 ,these notes indicate that the subject was in a dangerous condition and required immediate remedial therapy4 ,the follow-up observation for subject #bc was four days1 while for subject #cj it was five days4 ,this was entirely insufficient4 ,this subject could have died if not properly cared for4 7,tr4 pp4 #ijfe-f47 ,dr4 ,ivy testified that of the #dd subjects1 #ac were too weak to stand on one or more occasions1 had fever1 required cardiac stimulants1 or were unconscious--namely1 subjects1 #c1 #d1 #ad1 #ba1 #bc1 #be1 #bh1 #bi1 #cb1 #cf1 #cg1 #ci and #dj4 7,tr4 pp4 #ijfg-h47 ,the statement of the affiant ,bauer to the effect that he observed symptoms of heart weakness in the experimental subjects as a result of certain electrocardiograms he took was corroborated by ,ivy4 7,tr4 p4 #ijfi47 ,in ,dr4 ,ivy's opinion1 an experimental subject who agrees to undergo an experiment is no longer a volunteer if1 during the course of the experiment1 he is forced to continue after having expressed a desire to be relieved4 7,tr4 pp4 #ijgf-g47 ,the testimony of the defense expert ,vollhardt is entirely unreliable4 ,although ,vollhardt had nothing whatever to do with these experiments in ,dachau1 he repeatedly testified in a highly partial manner concerning matters about which he could not possibly have had any knowledge4 ,for example1 he insisted that the subjects in ,dachau were volunteers4 ,he testified that ,beiglboeck eliminated three subjects before the experiments began because of their physical condition1 and that three other persons immediately volunteered4 7,tr4 pp4 #hdeg-h47 ,even ,beiglboeck made no such contention4 ,he said that he considered it 8quite out of the question that the experimental subjects felt it necessary to drink water out of mops1 because there were air raid buckets and if they felt they needed a drink1 they could have drunk out of them40 7,tr4 p4 #hdfg47 ,it is passing strange that ,vollhardt could have such information when he was never in ,dachau4 ,he believed it quite impossible that any of the experimental subjects had cramps1 although subject #bi is proved to have had cramps and organic seizures by the notes quoted above4 ,although ,vollhardt admitted that the clinical data showed that a number of the experimental subjects had secretly obtained fresh water1 and although ,beiglboeck admitted that some of the subjects threw their urine away 7,tr4 p4 #hhfe71 ,vollhardt was quite sure that the experimental subjects were all volunteers4 ,vollhardt made no study of the clinical notes himself but turned them over to a #be-year-old assistant to digest for him4 7,tr4 p4 #hdcb47 ,he admitted that he relied on descriptions of the experiments made by ,becker-,freyseng and ,beiglboeck since the trial began4 7,tr4 p4 #hdch47 ,vollhardt had had no previous experience with sea-water problems1 nor had his assistant4 7,tr4 p4 #hdea47 ,vollhardt testified that he conducted a volunteer experiment on five of his doctor assistants after he had been approached by defense counsel4 ,his subjects drank #ejj cc4 of simulated sea-water per day and received #a1fjj calories per day4 7,tr4 pp4 #hddj-b47 ,four of the subjects continued the experiment for five days and one for six days4 ,the latter subject drank an extra #ejj cc4 on the last day4 ,the purpose of these experiments was to ascertain how much a person suffers when undergoing a sea-water experiment4 7,tr4 p4 #hddc47 ,vollhardt's subjects continued their work about the clinic1 although they ate and slept in the same room4 ,he does not know whether they went to the local cinema or left the clinic for other purposes during the course of the experiments4 7,tr4 p4 #hdde47 ,four of the subjects quit on the fifth day because of an engagement with a young lady4 7,tr4 p4 #hdej47 ,he testified that his subjects had no severe thirst on the first two days1 it became unpleasant on the third1 reduced thirst on the fourth1 and very strong thirst on the fifth day2 the subject who went six days reported that it made very little difference4 ,all continued their work during the experiment4 7,tr4 p4 #hdec47 ,it is obvious that this experiment in no way compared to those conducted in ,dachau4 ,while some of the experimental subjects in ,dachau were too weak on many occasions to have their blood pressure taken1 ,vollhardt's subjects were able to continue their work4 ,while ,vollhardt's subjects were trained doctors who participated in the experiment because of interest1 who were permitted to withdraw from the experiment at any time1 who were permitted to control their own activities during the experiment1 none of these important factors were present in the ,dachau experiments4 7,tr4 p4 #hdgi47 ,the wretched gypsies were not permitted to withdraw when they felt like it4 ,they did not know how long the experiments were to last1 they had no freedom of activity1 they had no interest in the experiment4 ,vollhardt's regard for these gypsies is apparent from his statement that 899 99 99 people like that will of course find a way0 to cheat4 7,tr4 p4 #hdfh47 ,that ,vollhardt knew nothing of the experiments he purported to testify about is apparent from his testimony regarding their duration4 ,for example1 he stated that in the ,berkatit group of #ejj cc41 the experiments were discontinued after six days4 7,tr4 p4 #hdfb47 ,the clinical charts which ,vollhardt had in his possession1 and upon which his testimony purported to be based1 show that the duration of the experiments in this group ran as high as #i days1 and in all but two cases exceeded six days4 ,he testified that the group on sea-water was also discontinued after six days while the clinical charts show some of them to have run as long as ten days4 ,in the fasting and thirsting group he testified that they were discontinued after four to five days1 while the chart shows that they lasted from #e to #g days4 7,tr4 pp4 #hdfb-c47 ,no1 ,vollhardt's testimony would indeed have been an unreliable substitute for the charts4 ,the testimony of the prosecution witnesses proves that the sea-water experiments resulted in murder and tortures4 ,the ,austrian witness ,vorlicek1 who was tried for 8preparation of high treason0 in #aici and sentenced to four years in a penitentiary1 was transferred to ,dachau in ,march #aidd and acted as an assistant nurse in the experimental station during the course of the sea-water experiments4 7,tr4 pp4 #ichc-e47 ,one of the inmate guards who fell asleep was transferred to a penal company4 7,tr4 p4 #ichf47 ,at least one of the subjects suffered a violent attack of cramps4 7,tr4 p4 #ichf47 ,on one occasion ,vorlicek spilled some fresh water on the floor and forgot the rag which he used to mop it up4 ,the experimental subjects seized the dirty rag and sucked the water out of it4 ,beiglboeck threatened to put him in the experiments if it ever happened again4 7,tr4 p4 #ichg47 ,the experimental subjects were not volunteers4 ,vorlicek talked to some of the ,czech subjects who told him they had been asked in another camp to volunteer for a good outside assignment and only when they got to ,dachau did they find out that they were to undergo the experiments4 7,tr4 pp4 #ichh1 #icib47 ,he testified that the subjects were of ,czech1 ,polish1 ,hungarian1 ,austrian1 and ,german nationalities4 7,tr4 p4 #ichh47 ,some of the subjects were quite ill and he was under the impression that they would not live much longer4 ,about three months after the experiments he met ,franz1 one of the subjects1 and he told him that one of the victims of the experiments had already died4 7,tr4 p4 #icij47 ,the witness ,laubinger1 who was subject number #g1 testified that he was arrested by the ,gestapo in ,march #aidc because he was a gypsy4 ,he was sent to ,auschwitz in the spring of #aidc without having been tried for any crime4 7,tr4 p4 #ajaii47 ,he was later transferred to ,buchenwald for a few weeks and while there1 together with other inmates1 was asked to volunteer for a cleaning-up work detail in ,dachau4 ,the inmates were under the impression that conditions were better in ,dachau1 so they agreed to go4 ,upon their arrival at ,dachau they were given a physical examination and ,x-rayed and then taken to the experimental station4 7,tr4 p4 #ajbjj47 ,beiglboeck told them that they were to participate in the sea-water experiment and that was the first they knew of it4 7,tr4 p4 #ajbja47 ,laubinger identified ,beiglboeck in the dock4 7,tr4 p4 #ajbjb47 ,he told ,beiglboeck that he had had two stomach operations1 but ,beiglboeck did not permit him to withdraw4 ,beiglboeck did not ask whether the subjects wished to volunteer1 and they did not volunteer4 7,tr4 p4 #ajbjc47 ,laubinger1 who was in the ,schaefer group1 was given ,schaefer water for #ab days and fasted for at least nine days4 ,he got so weak he could hardly stand up4 ,the experimental subjects received special food for only one day after the experiment4 ,beiglboeck had promised them extra rations and an easy work detail but these promises were not kept4 7,tr4 p4 #ajbje47 ,one of the subjects tried to persuade the others to refuse to drink the sea-water4 ,beiglboeck threatened to have him hanged for sabotage4 ,the subject later vomited after drinking sea-water whereupon ,beiglboeck had the water administered through a stomach tube4 7,tr4 p4 #ajbjg47 ,another subject was tied to his bed and adhesive tape was plastered over his mouth1 because he had obtained some fresh water and bread4 ,most of the subjects were ,czech1 ,polish1 and ,russian nationalities1 with approximately eight ,germans4 7,tr4 p4 #ajbjh474 ,a number of subjects suffered attacks of delirium and two were transferred to the hospital4 ,laubinger did not see them again4 7,tr4 p4 #ajbji47 ,the witness ,hoellenrainer corroborated the testimony of ,laubinger on all important points4 ,he testified that the experimental subjects did not volunteer 7,tr4 p4 #ajeji7 and that the majority of them were non-,german nationals4 7,tr4 p4 #ajeac47 ,hoellenrainer testified further that ,beiglboeck showed no concern for the experimental subjects1 but1 on the contrary1 threatened to shoot them when they became excited4 7,it hardly seems appropriate to wear a gun when experimenting on volunteers47 ,he had no pity for them when they became delirious from thirst and hunger4 7,tr4 p4 #ajeaj47 ,the witness ,hoellenrainer unfortunately assaulted ,beiglboeck in open ,court4 ,this impulsive act of the witness1 however1 speaks more forcibly than volumes of testimony as to the inhuman treatment of the experimental subjects and the suffering which was inflicted on them as a result of these experiments4 ,we may rest assured that ,hoellenrainer was no volunteer4 ,when explaining his behavior to the ,tribunal1 ,hoellenrainer characterized ,beiglboeck a 8murderer04 7,tr4 pp4 #ajbcc-d47 ,the witness ,tschofenig was committed to ,dachau in ,november #aidj where he remained until ,april #aide4 ,he was a political prisoner4 7,tr4 p4 #icca474 ,he is at present a member of the ,carinthian ,land ,diet in ,austria4 7,tr4 p4 #iccb47 ,from the summer of #aidb until the end1 he was in charge of the ,x-ray station in ,dachau4 7,tr4 p4 #iccd47 ,he examined the transport of gypsies in the summer of #aidd before the experiments began and excluded a number of them as being unfit4 7,tr4 pp4 #iccd-e47 ,he saw ,beiglboeck several times in the camp and in the ,x-ray station4 7,tr4 p4 #icce47 ,during the experiments a number of those who got sick were brought to the ,x-ray station for examination4 ,their physical condition had deteriorated considerably as a result of the experiments4 ,he heard that one of the subjects had a maniac attack4 7,tr4 p4 #iccf47 ,at the conclusion of the experiments1 three of the subjects were brought to the station for internal diseases4 ,one was on a stretcher and unable to walk4 ,all of them were ,x-rayed by ,tschofenig4 7,tr4 p4 #icch47 ,it was customary to send the results of the ,x-ray examinations to the hospital ward where the inmates were kept4 ,tschofenig received an official order from the station for internal diseases that it was not necessary to report on the stretcher case as he had died two days after his transfer4 ,the station physician reported that the death resulted from the sea-water experiments4 ,tschofenig examined the death records himself4 7,tr4 p4 #icci47 ,even ,dr4 ,steinbauer1 defense counsel for ,beiglboeck1 has apparently convinced himself that these experiments involved torture4 ,he said1 in explaining his conduct in withholding part of a document the ,tribunal had ordered to be produced1 that3 8,i do not want to say anything about the experimental subjects1 who suffered terribly40 7,tr4 p4 #icgh47 c4 ,selections from the ,argumentation of the ,defense ,,extract ,,from ,,the ,,final ,,plea ,,for ,,defendant ,,schroeder#dg 99 99 99 99 99 ,i now come to the count of the indictment 8,participation of the defendant ,professor ,dr4 ,schroeder in the sea-water experiments which were carried out in the ,dachau concentration camp40 ,in the case of these experiments1 ,professor ,schroeder's participation has been established1 and he has accepted the responsibility as far as the preparation and the planning of these experiments are concerned4 ,professor ,schroeder has mainly been accused by the prosecution of having permitted these experiments to be carried out in a concentration camp4 ,the prosecution in its case against ,professor ,schroeder further stated that these experiments were not necessary at all1 and it drew the conclusion that the experiments had only been ordered in order to torture people and in order to subject them to unnecessary cruelties2 it also stated that it was clear that in no case had the experimental subjects been volunteers4 ,therefore it is the task of the defense to show in the following paragraphs why from the point of view of ,professor ,schroeder1 as ,chief of the ,medical ,inspectorate of the ,luftwaffe1 these experiments had to be considered necessary1 and just what reasons motivated him to give his approval for the carrying out of the experiments in a concentration camp4 ,the first question therefore is--why and from what considerations were there experiments ordered at all8 ,it must be stated in advance here1 that as far as ,chief of the ,medical ,inspectorate ,professor ,schroeder was concerned1 he did not have to examine the question whether one or the other method for making sea-water drinkable was more suitable2 the problem for him existed in its entirety and it could not be divided4 ,it was to rescue shipwrecked persons from death from lack of water and find the best method of protection against this danger4 ,this problem had already been handled by various interested agencies for quite some time1 and various individual questions for the solution of this problem had arisen4 ,no method for making sea-water drinkable had been found and it was not clear what procedure should be advocated4 ,in the course of the year #aidc two methods for making sea-water drinkable were offered almost simultaneously4 ,one of them1 the so-called ,wofatit method1 had been developed by ,dr4 ,schaefer in collaboration with ,i4 ,g4 ,farben4 ,another1 the ,berkatit method1 represented the invention of ,stabsingenieur ,berka4 ,it was quite clearly recognized that ,schaefer's ,wofatit represented the ideal solution1 because this method removed all the salt from the sea-water and changed it into drinking water1 while the ,berka method let the salt remain in the sea-water and only improved the taste of the sea-water through the addition of various sugar and vitamin drugs4 ,we agree with the prosecution and the expert ,professor ,dr4 ,ivy when they state that a chemist in the course of one afternoon could have decided by means of a short experiment whether ,wofatit or ,berkatit was better4 ,the participating agencies of the ,medical ,service of the ,luftwaffe1 ,professor ,schroeder and ,dr4 ,becker-,freyseng1 realized that quite clearly4 ,from the chemical point of view this problem could also have been solved in a simple manner4 ,the difficulty which existed for ,professor ,schroeder with regard to this problem1 however1 lay in another field2 this was the shortage of raw materials prevailing at the time1 which had arisen in ,germany because of the war4 ,this circumstance made it possible for the ,technical ,office of the ,luftwaffe to oppose the introduction of the ,wofatit and to consider the ,berkatit method1 because the raw materials for the latter method could be procured without any difficulty and production could be started right away1 since production facilities for the appropriate amounts were already in existence4 ,it was different in the case of ,wofatit4 ,considerable amounts of silver were required for its production1 which could not be set aside for the production of ,wofatit without damaging other production branches which also needed this metal4 ,the ,technical ,office of the ,luftwaffe1 therefore1 had already decided in favor of the introduction of ,berkatit on #a ,july #aidd4 ,professor ,schroeder1 in his capacity as ,chief of the ,medical ,inspectorate1 however1 could not have assumed the responsibility for having the units which were entrusted to his professional medical care equipped with the ,berka method1 because the danger existed that shipwrecked aviators1 deceived by the improvement in the taste of sea-water1 would drink it in larger amounts and thus increase the danger of their dying of thirst4 ,the question also had to be clarified whether the shipwrecked crew of an airplane completely adrift at sea should go without any food or water whatsoever or whether they should consume a certain amount of sea-water rather than no water at all4 ,this last question could only be clarified by carrying out an experiment on human beings4 ,an experiment on animals would not suffice in this respect1 because the distribution of water in the body of animals differs from that in a human being4 ,by proving its medical objections1 the ,medical ,inspectorate would also have been able to make its point of view heard by the ,technical ,office1 if the medical expert1 ,professor ,dr4 ,eppinger1 one of the best known specialists for internal diseases not only in ,germany1 but in ,europe1 had not sided with the ,technical ,office4 ,professor ,eppinger1 in the conference at the ,technical ,office on #be ,may #aidd1 expressly voiced the opinion that the ,berka method was suitable1 because for a certain time the human kidney could concentrate salt up to #c percent1 and because the vitamins which had been added to the ,berka method would be suitable for speeding up the excretion of the salt from the human organism4 ,this opinion was also shared at the same conference by the pharmacologist ,professor ,heubner1 who is still one of the leading specialists in the field today4 ,professor ,schroeder would not have been able to turn down both methods4 ,he would then have been reproached with the fact that he had not done everything within his power in order to make the position of shipwrecked ,german soldiers more bearable and to save them from dying of lack of water4 ,it1 therefore1 becomes evident that these considerations on the part of ,schroeder give us proof of his great feeling of responsibility2 it was not easy for him to give his approval for the carrying out of such experiments4 ,further developments also show clearly that ,schroeder1 in spite of the fact that he was extremely busy with official matters1 devoted the greatest care and conscientiousness to this matter4 ,he did not just decide to select ,dachau as the place where the experiments were to be carried out4 ,originally he did not even harbor such a thought1 but he intended to have the experiments carried out as a troop experiment in institutes which were owned by the ,luftwaffe4 ,he was primarily considering the ,luftwaffe hospital at ,brunswick for this purpose4 ,on #a ,july #aidd he turned to the chief medical officer of this hospital1 who was competent in the matter1 who1 however1 disapproved of it4 ,this becomes evident from the certificate of ,dr4 ,harriehausen1 who was a ,generalarzt at the time4 ,now ,professor ,schroeder began to consider the ,military ,medical ,academy of the ,luftwaffe in ,berlin1 where he intended to use the young cadets in this academy as experimental subjects4 ,an inquiry which he made there was also unsuccessful4 ,the reason why his requests were turned down in each case was that just at this particular time the ,,okw had issued a strict order to the effect that all convalescents were to be returned immediately from the hospitals to their units1 and that the cadets of the academy were to be given a combat assignment4 ,for the same reason1 the suggestion of ,professor ,beiglboeck to carry out the experiments at the ,tarvis ,field ,hospital also remained unsuccessful4 ,the further possibility of perhaps using ,german civilians for the experiments was completely out of question because at this time it was not possible to find young men in the age groups necessary in this case among the ,german civilian population1 because all of them had either been conscripted for military service or for labor service4 ,professor ,schroeder1 therefore1 had no choice but to follow the suggestion of considering ,dachau concentration camp for his experimental station4 ,professor ,schroeder was not informed at all about conditions in a concentration camp4 ,he thought the circumstances in such a camp were no different from those prevailing in a military camp1 and only the names ,dachau and ,oranienburg were known to him as concentration camps4 ,in this connection1 it may be pointed out that the ,,ss surrounded events in the concentration camps with an almost impenetrable veil of secrecy4 ,schroeder never listened to foreign radio stations4 ,in the circles of his medical officers such events were never discussed4 ,i may point out here that an express opponent of ,national ,socialism1 no less than the former ,prussian ,minister of the ,interior1 ,severing1 testified as a witness in the ,,imt trial that he had had no knowledge of the events in the concentration camps1 and he had different sources of information at his disposal from ,professor ,schroeder4 ,if ,professor ,schroeder had had any idea of what happened in concentration camps while he was away from ,germany1 then in view of his ideology as a faithful ,christian1 he would have refused such contact with concentration camps arising out of ordering these experiments4 ,the decisive point in ,schroeder's favor is that the experiments were not to be carried out under the supervision and command of the ,,ss camp leadership but completely separate1 under the special leadership of a ,luftwaffe medical officer and recognized specialist4 ,as a further consideration1 ,professor ,schroeder had to take into account that a useful result could be achieved in these experiments only if they could be carried out without interruption or hindrance4 ,because of the then prevalent almost daily air raids over the whole of ,germany1 no guarantee for an uninterrupted execution of these experiments could be given in any spot in ,germany4 ,however1 it was known that air raids on concentration camps did not take place4 ,moreover1 the charge cannot be brought against ,professor ,schroeder that he chose a concentration camp because he then had available defenseless tools who perforce had to subject themselves to the experiments4 ,the very opposite is true4 ,it was clear to ,professor ,schroeder that if he wanted to be successful he could carry out these experiments only with voluntary experimental subjects1 for the director of the experiments was dependent on the willing cooperation of the experimental subjects1 since in no other way could usable clinical data be achieved4 ,every involuntary experimental subject would have had the power to drop out of the experiment prematurely by feigning indisposition or pain1 and1 in this way1 would have caused the director of the experiment to terminate it prematurely4 ,for the further evaluation of ,professor ,schroeder's conduct1 his conversation with the ,reich ,physician ,,ss ,grawitz must be considered especially4 ,professor ,schroeder expressed the opinion to ,grawitz that he could only work with healthy and voluntary experimental persons1 whose age corresponded to that of the pilots under his command1 and he made the further condition that the experimental persons should have the same physiological and racial requisites as the members of the ,german ,wehrmacht in question4 ,on direct examination1 ,professor ,schroeder testified under oath that in this connection he talked to ,grawitz about dishonorably discharged former members of the ,german ,wehrmacht who1 he knew1 had been transferred to concentration camps because of the seriousness of their offenses4 ,professor ,schroeder could not assume1 nor was any report on the part of ,grawitz or the ,,ss leadership made to him1 that the ,,ss leadership did not accept this suggestion and that instead of former members of the ,german ,wehrmacht1 gypsies had been decided upon for experimental purposes4 ,professor ,schroeder1 from his point of view1 could rely on ,grawitz to make arrangements according to his suggestions2 he had no reason to expect that the ,,ss would decide upon experimental subjects1 against his well-founded wish1 who1 racially and physiologically did not have the prerequisites demanded by ,professor ,schroeder4 ,because of the extremely heavy official duties caused for ,professor ,schroeder in his capacity as chief medical officer by the imminent collapse of ,german military resistance1 this affair was only a small segment of his official duties and it must be admitted that he could not concern himself further with this affair4 ,a further consideration which ,professor ,schroeder had to bear in mind was whether such experiments were dangerous and possibly damaging to the health of the experimental subjects4 ,professor ,schroeder had thoroughly studied this question and contemplated all possible aspects of the problem4 ,professor ,schroeder also knew that sea-water is used by doctors for drinking cures and that the criterion of harmfulness depends on the doses4 ,if there was medical supervision then there would be no danger to health4 ,therefore1 the prosecution's charge that he failed to take the possible hazards sufficiently into account is not justified4 ,nothing shows the high degree of responsibility which characterized ,professor ,schroeder more than the instructions which the medical inspector issued to the man carrying out the experiments4 ,professor ,schroeder was convinced that the experiments held no danger to the experimental subjects and he expressed this opinion to ,reich ,physician ,,ss ,grawitz4 ,such danger was excluded particularly if and when the quantity of sea-water to be taken was regulated in accordance with the best medical experiences1 and when it was definitely ordered that the experiments should be stopped at a certain time2 and1 furthermore1 if the selection of the man in charge of the experiments guaranteed1 on the basis of professional and ethical standards1 that the experiments would be carried out in a humane manner1 taking into account all medical and clinical considerations4 ,therefore1 it is fully justified if ,professor ,schroeder claims that he1 from his position as a physician and a leading medical officer1 considered all possible situations and attempted to avert all possible sources of danger as far as humanly possible4 ,his direction to the man in charge to discontinue the experiments as soon as the experimental subject refused to take in further water1 and if dangerous injury to the body were recognizable1 must be mentioned in ,schroeder's favor4 ,the person carrying out the experiments was furnished with all necessary assistants and a number of special co-workers from medical circles as well as all machinery to carry out his work in an orderly fashion4 ,the contention that both the planning and preparation of the experiments by ,schroeder can stand any examination1 that that planning was with full moral responsibility and with a true feeling of duty and humanity was reaffirmed1 too1 before this ,tribunal by ,professor ,dr4 ,vollhardt1 as well as by the ,american expert1 ,professor ,ivy4 ,it is simply unthinkable that instructions to one conducting experiments could be more correct from a medical point of view than those which ,professor ,schroeder worked out4 ,by this plea and the evidence1 all charges against ,professor ,schroeder in the sea-water complex are refuted4 99 99 99 99 99 ,,extracts ,,from ,,the ,,closing ,,brief ,,for ,,defendant ,,beiglboeck 99 99 99 99 99 ,the ,persons ,subjected to the ,experiments ,as regards this subject sea-water experiments ,i want to put the defendant's statements first 7,tr4 pp4 #hgjc-d73 8,,dr4 ,,steinbauer3 ,did you have influence on the selection of the experimental subjects8 8,,defendant ,,beiglboeck3 ,no4 ,i was told at the ,medical ,inspectorate that arrangements had been made with the ,,ss1 and the ,,ss in accordance with these arrangements would supply the experimental subjects4 ,i did not have to worry about that4 8,q4 ,did you have orders to find out where the experimental subjects came from and what the specified circumstances and conditions were8 8,a4 ,no4 ,that too was not a decision that ,i could have made1 nor could the ,luftwaffe4 8,q4 ,did you know before that gypsies had been used8 8,a4 ,i only found out that gypsies were coming into ,dachau from the camp commandant4 99 99 99 ,i1 therefore1 do not feel that ,i am responsible either for the selection of the place where the experiments were carried out nor for the selection of those persons who were used40 ,defendant ,professor ,dr4 ,schroeder states regarding this 7,tr4 pp4 #cfgf-g73 ,transcriber ,note3 ,the text ends here4 ,no further statement printed in the original text4 ,,cross-,,examination 8,,mr4 ,,mchaney3 ,did you say anything to ,beiglboeck about the experimental subjects8 8,,defendant ,,schroeder3 ,no4 ,we only spoke about the matter as such4 ,i am not quite sure whether the question #8concentration camp' was already established at that time4 ,please1 why don't you ask ,beiglboeck himself8 ,i don't know if it was before or after #a ,june4 8,q4 ,you didn't say anything to ,beiglboeck about making sure that only ,german volunteers were used in the experiments8 8,a4 ,that was a matter of course4 ,there was no discussion about it4 ,it was no subject of discussion4 ,there wasn't anything to be discussed4 8,q4 ,well1 you didn't tell him that then8 8,a4 ,i don't know4 ,i can't tell you that under oath4 ,i know that there were volunteers2 and ,i certainly did not say that they had to be ,german because ,i didn't take any other possibility into consideration at all and couldn't have said it4 ,these are all reconstructions which came up later1 but at that time weren't subjects of discussion at all40 ,these were gypsies wearing the black badge of the asocials4 ,the defendant states that the ,sturmbannfuehrer in charge of the shipment told him that these persons were all asocials1 who were interned on account of punishable offenses and not for social reasons4 ,as we read in ,kogon's book 8,the ,,ss ,state0#dh the black badge was in fact the designation of the asocials4 ,we see from ,document ,,no-#agi1 ,prosecution ,exhibit #ace1 that ,,ss ,gruppenfuehrer ,nebe suggested as persons to be used for the experiments asocial persons of mixed gypsy blood in ,auschwitz concentration camp1 who were in good health but at the same time unsuitable for labor4 ,in the book on gypsies of the ,royal ,police ,directorate ,munich #aije1 7,beiglboeck #bh1 ,beiglboeck ,ex4 #aa71 we read3 8,the greatest difficulty arises in securing a census of gypsies4 ,the majority of them make every effort to obscure their identity through false statements or through a pretense of ignorance 99 99 9940 ,their asocial character led to a series of police regulations1 of which the most important are the following1 as far as ,germany is concerned3 ,decree of #af ,may #aich1 ,,rmb#a4;i4,v4 7,bulletin of the ,reich ,ministry of the ,interior7 pages #hhc-d1 concerning measures against the gypsy nuisance4 ,decree of #h ,december #aich1 ,,rmb#a4;i4,v41 page #baje1 concerning measures against the gypsy nuisance4 ,decree of #aj ,november #aici1 ,,rmb#a4;i4,v41 page #bcci1 concerning employment records for gypsies4 ,decree of #b ,september #aici1 ,reich ,law ,gazette1 ,i1 page #aegh4 ,prohibition of wandering of gypsies in the frontier zone#di 7,sec4 #d of the ordinance concerning frontier protection74 ,the witness ,dorn states 7,tr4 p4 #hfah73 8,as far as ,i know1 the brown sign was done away with in ,buchenwald in #aidj and all gypsies arrested for racial reasons were asocial4 ,in other words1 from #aidj on1 there were no gypsies in the camp who were not designated in the filing system as asocial1 as unwilling to work40 ,the same witness states 7,tr4 pp4 #hffa-b73 8,i can merely say that initially all gypsies were arrested for racial reasons4 ,later on this was changed4 ,some of the gypsies who were not declared asocial elements were removed from ,dachau to the ,labor ,house in the ,rebdorf ,bavarian penitentiary40#ej ,the famous ,swiss ,psychiatrist ,e4 ,bleuler1 ,zuerich1 writes in his ,textbook on ,psychiatry1 ,berlin1 ,springer1 #aicg on pages #cig-djj about3 ,constitutional ethnical deviations 899 99 99 ,a large number of asocials show what type of character they are while still young4 ,most of them are backward at school1 even if their intelligence is good1 because they adjust themselves too little and show too little industry and attention4 ,extraordinary achievements in any single direction are rare4 ,many of them are lazy1 thieving1 lying1 cruel to animals and people1 exacting1 often deliberately and negligently damaging their own and others property1 vain1 unreliable1 and egotistical4 ,they cannot submit to authority1 run away if they do not like anything2 punishments are not respected1 altogether neither sugar plums nor the whip have any visible effects4 ,when carrying out mean tricks they develop cunning and energy1 soon learn from others what is bad1 with difficulty or not at all what is good1 have an instinctive inclination for bad company40 ,i have not made any special reference to asocial character to point out that we must be particularly careful when estimating their trustworthiness1 on account of their tendency to mendacity and because of a certain psychotic cupidity concerning claims for compensation4 ,this is not necessary where the judges are so experienced2 ,i am referring to this fact for legal reasons4 ,it is well known that there is no legal definition of crimes against humanity4 ,according to legal authors1 such crimes can only be committed against persons who are persecuted for political1 religious1 and racial reasons4 ,to complete this chapter in its legal aspects1 ,i would also like to mention the racial regulation of the gypsy question as far as it can be seen from ,german legislation4 ,according to the #abth decree implementing the ,reich ,citizenship ,law1 dated #be ,april #aidc 7,reich ,law ,gazette ,i1 p4 #bfh71 gypsies who are not yet ,german citizens cannot acquire citizenship4 ,section #d of this decree reads3 8,jews and gypsies cannot become citizens4 ,they cannot become citizens either subject to revocation1 or protected persons 99 99 9940 ,according to the first decree implementing the ,law for the ,protection of ,german ,blood and ,german ,honor of #ad ,november #aice 7,reich ,law ,gazette ,i1 p4 #accd71 marriage between gypsies and ,germans is prohibited4 ,section #f of this decree reads3 8,a marriage shall furthermore not be contracted if the progeny to be expected from it would endanger the purity of ,german blood40 ,in all fairness1 however1 one must admit in this connection that in the practice of the ,third ,reich no strict distinction seems to have been made when gypsies were put in a concentration camp1 so that we should need the criminal record and family history of each person subjected to the experiments to be able to ascertain accurately the asocial character of each individual4 ,it is a fact that in the gypsy book mentioned by me1 #aa names of persons subjected to experiments are to be found1 who must no doubt be characterized as asocial4 ,origin of the gypsies as to nationality ,as ,i have already mentioned1 the gypsies themselves like to leave this point vague4 ,therefore no point of the evidence contains so many conflicting statements as this particular one4 ,beiglboeck himself cannot make any definite statements as to this matter1 but as he used to speak to all of them1 they must all have understood ,german4 ,among the names we also find plenty of ,slav names1 having a ,polish1 ,ukrainian1 or ,southern ,slav sound4 ,in the old ,austrian ,monarchy1 these people were jumbled together a good deal and in their wanderings they also entered ,german ,reich territory4 ,after the break-up of the ,monarchy1 some of the so-called ,carpatho-,russians became citizens of ,hungary or ,slovakia4 ,in the eastern provinces of the ,german ,reich1 there were many ,poles or ,germanized persons with ,polish names4 ,the mere name1 therefore1 admits of no conclusion as to nationality4 ,the fact1 however1 that most of them could make themselves understood in the ,german language allows the conclusion that none of the persons subjected to experiments were imported from the ,allied countries4 99 99 99 99 99 ,the witness ,fritz ,pillwein states in his affidavit 7,beiglboeck #cb1 ,beiglboeck ,ex4 #ba73 8,the experimental subjects in most cases spoke their gypsy dialect4 ,many of them were obviously of ,slav origin4 ,i did not see identification papers1 however1 as this was quite impossible in a concentration camp and as ,i did not ask them anything of the kind1 ,i cannot make any exact statement regarding the nationality of the individual gypsies4 ,i did not ask them because the gypsies were very primitive people1 and some of them did not even know their own birthdays40 ,the witness ,mettbach stated when questioned by ,dr4 ,steinbauer 7,tr4 p4 #igbi73 8,,dr4 ,,steinbauer3 ,what language did you speak among yourselves8 8,,witness ,,mettbach3 ,mostly gypsy language4 8,q4 ,what was the citizenship of the individual experimental subjects8 8,a4 ,mostly they were ,germans4 ,there were a lot of ,austrians and a lot of them came from ,east ,prussia and ,upper ,silesia and the ,burgenland ,province bordering ,austria-,hungary40 ,when questioned by counsel for the prosecution the witness ,mettbach stated 7,tr4 pp4 #igcg-h73 8,,mr4 ,,hardy3 ,were there any foreign nationals--that is1 men other than ,germans--used in these experiments8 8,,witness ,,mettbach3 ,austrians and ,burgenlaender and some from ,upper ,silesia and ,east ,prussia4 8,q4 ,no ,czechs8 8,a4 ,no4 8,q4 ,no ,russians8 8,a4 ,no4 8,q4 ,no ,poles8 8,a4 ,a couple of them talked ,polish but ,i think they came from ,upper ,silesia or ,east ,prussia4 ,that very often happens4 ,lots of ,upper ,silesians can talk ,polish40 ,when questioned by counsel for the prosecution the witness ,joseph ,vorlicek stated 7,tr4 p4 #ichh73 8,,mr4 ,,hardy3 ,do you know the nationality of the various subjects8 8,,witness ,,vorlicek3 ,for the most part ,i do4 8,q4 ,can you tell the ,tribunal the nationality of the various subjects1 as near as you can recollect8 8,a4 ,there were ,czechs1 ,poles1 ,hungarians1 ,austrians1 and ,germans40 ,during direct examination the witness ,vorlicek stated 7,tr4 p4 #ichh73 8,,mr4 ,,hardy3 ,well1 did they ever volunteer for any special detachment or some such thing8 8,,witness ,,vorlicek3 ,well1 this is how it happened4 ,since ,i know the ,slavonic language1 and there were some ,czechs among them1 ,i spoke to them40 ,therefore1 the defendant's statement1 that the persons concerned were ,slovaks from the ,bratislava area 7,bratislava is the capital of ,slovakia7 is not without foundation4 ,the ,rations of the ,gypsies ,the defendant states that the persons subjected to the experiments got the ,luftwaffe flight rations before the experiments1 and the same rations after the experiments1 and that there was a hitch only once due to the bombing of the provisions warehouse4 ,during the experiments1 the persons got shipwreck rations4 ,the ,englishman1 ,ladell also says that he gave his soldiers shipwreck rations during the experiments4 ,on this point1 see extract from ,beiglboeck #bj1 ,beiglboeck ,exhibit #h3 899 99 99 ,in all the experiments the food given was the #8shipwreck diet'2 this comprises #a ounce each per day of biscuits2 sweetened condensed milk2 butter1 fat1 or margarine2 and chocolate40 ,that food was provided is evident from two documents4 7,beiglboeck #bf1 ,beiglboeck ,ex4 #ac2 ,beiglboeck #bg1 ,beiglboeck ,ex4 #ad47 ,the witness ,massion states in his affidavit 7,beiglboeck #ca1 ,beiglboeck ,ex4 #ab73 8,before beginning the experiment1 the experimental subjects were given the same food as that supplied to the flying personnel of the ,luftwaffe1 that is to say1 a very nutritious diet of sardines1 butter1 cheese1 milk1 meat1 etc4 ,during the experiment1 #d persons assigned to the thirst group received no food whatsoever1 the others received sea-emergency rations1 with chocolate1 etc4 ,i know that on one occasion difficulties arose in the food supply which possibly were connected with an air raid4 ,i was sent to ,frankfurt with the urgent order to obtain sea-emergency rations there40 99 99 99 99 99 ,the ,treatment of ,gypsies ,beiglboeck treated the experimental subjects in a humane manner4 ,it is natural that he insisted the strict observance of the whole experiment was not to be a farce4 ,the whole experiment was a constant struggle against the understandable attitude of the experimental subjects who wanted to save themselves by cheating the director of the experiment 7by secretly drinking water and pouring away the urine71 and by obtaining special favors1 in particular cigarettes1 which in #aidd were hard to get--and that not only in the concentration camps4 ,in regard to this point ,i refer to a document in which ,professor ,dr4 ,dennig writes 7,beiglboeck #bi1 ,beiglboeck ,ex4 #ae73 8,while the people are able for the first few days successfully to fight their thirst with good grace1 their strength of will is insufficient during the later stage2 they devise extremely subtle means of obtaining water1 e4 g41 the case of ,juergensen40 ,witness ,ernst ,mettbach states in regard to this point when questioned by ,dr4 ,steinbauer 7,tr4 p #igbb73 8,,dr4 ,,steinbauer3 ,the professor forbade your bringing them water4 ,did you nevertheless bring them water8 ,now1 be honest4 8,,witness ,,mettbach3 ,several times ,i brought my relative1 ,mettbach1 water to drink4 8,q4 ,where did you give it to him8 8,a4 ,sometimes ,i smuggled it in to the experimental station myself4 ,sometimes ,i stuck it through the fly screen on the window which was a little bit loose40 ,later we shall speak in detail about the secret drinking of water4 ,at this point ,i just want to say in general that every drop of water which was consumed in secret not only diminished the scientific value of the experiments1 but is also of greatest significance from the point of view of criminal law1 because it decreased the feeling of thirst4 ,as ,i said before1 the treatment of the experimental subjects was a humane one4 ,in regard to this point compare the statement of ,dr4 ,lesse 7,bieglboeck #ad1 ,bieglboeck ,ex4 #bj73 8,q4 ,what was his attitude to the prisoners in general8 8,a4 ,very humane and benevolent40 ,witness ,massion states in his affidavit 7,beiglboeck #ca1 ,beiglboeck ,ex4 #ab73 8,dr4 ,beiglboeck treated the prisoners as humanly as ordinary patients4 ,he was rough to them only when they obtained drinking water contrary to orders4 ,i know definitely that none of the experimental subjects were turned over to the ,,ss for punishment because of any offenses40 ,witness ,pillwein states in his affidavit 7,beiglboeck #cb1 ,beiglboeck ,ex4 #ba73 8,q4 ,how did ,beiglboeck treat the inmates8 8,a4 ,beiglboeck treated the patients well1 which was a striking contrast to the treatment which we inmates received from the ,,ss4 ,beiglboeck only became very angry when the gypsies lied to him regarding the drinking of water1 and when he found out about it from the blood test40 99 99 99 99 99 d4 ,evidence ,prosecution ,documents ,pros4 ,doc4 ,no4 ,ex4 ,no4 ,description of ,document ,page ,,no-#ahd #acb ,letter from the ,technical ,office of the ,reich #ddg ,minister of ,aviation 7,goering7 to ,himmler's office1 #ae ,may #aidd1 concerning methods to render sea-water potable4 ,,no-#agg #acc ,minutes of conference at the ,reich ,ministry of #ddh ,aviation1 #bj ,may #aidd1 concerning methods for making sea-water potable4 ,,no-#ahe #acd ,letter from ,schroeder to ,himmler and ,grawitz1 #deb #g ,june #aidd1 requesting subjects for sea-water experiments4 ,,no-#ahc #acf ,teletype from ,rudolf ,brandt to ,grawitz1 #dec undated1 concerning experimental subjects4 ,,no-#ahb #acg ,letter from ,sievers to ,grawitz1 #bd ,july #aidd1 #ded concerning experiments on the potability of sea-water4 ,defense ,documents ,doc4 ,no4 ,def4 ,ex4 ,no4 ,description of ,document ,becker-,freyseng ,becker-,freyseng ,affidavit of ,dr4 ,ludwig #dee #db ,ex4 #bi ,harriehausen1 #i ,january #aidg1 regarding use of patients in sea-water experiments4 ,testimony ,extracts from the testimony of prosecution witness ,karl #def ,hoellenrainer ,extracts from the testimony of defendant ,beiglboeck #dfh ,extracts from the testimony of defense expert witness ,dr4 ,franz #dgd ,vollhardt ,,translation ,,of ,,document ,,no-#ahd ,,prosecution ,,exhibit #acb ,,letter ,,from ,,the ,,technical ,,office ,,of ,,the ,,reich ,,minister ,,of ,,aviation 7,,goering7 ,,to ,,himmler',s ,,office1 #ae ,,may #aidd1 ,,concerning ,,methods ,,to ,,render ,,sea ,,water ,,potable ,stamped ,secret ,letterhead ,reich ,minister of ,aviation and ,commander in ,chief of the ,luftwaffe ,technical ,office ,ref4 ,nrs4 #ia;a1 #jjaf ,,gl_/,c-,e 7#ea,v7 ,no3 #bf #ggc secret 7,in your answer to the above reference1 please give date and short summary47 ,berlin ,w #h1 #ae ,may #aidd ,leipziger ,strasse #g ,cable address3 ,reichsluft ,berlin ,phones3 ,local3 #ebjjbd #bahbda #abjjdg ,long distance3 #bahjaa ,extension3 #dcce ,re3 ,rendering sea-water potable4 ,reference3 ,letter of the ,reich ,leader ,,ss ,no4 #ci_/d_/dd secret of #ag ,january #aidd4 ,to3 ,reich ,leader ,,ss and ,chief of the ,german ,police1 ,personal ,staff4 ,berlin ,with reference to the interoffice conference between ,oberstingenieur ,christensen and ,haupsturmfuehrer ,engineer ,dohle regarding the above-mentioned matter1 it is announced that two processes have been worked out by the office to render sea-water potable3 #a4 ,the ,i4 ,g4 method1 using mainly silver nitrate4 ,for this process quite a large plant needs to be set up1 which would require about #bjj tons of iron and cost about #bej1jjj ,,rm4 ,the amount of the product needed by the ,luftwaffe and ,navy requires #b4e to #c tons of pure silver a month4 ,besides1 the water which is rendered potable by this preparation has to be sucked through a filter in order to avoid absorption of precipitated chemicals4 ,these facts make the application of this process practically impossible4 #b4 ,the second process which was worked out is the so-called ,berka method4 ,according to this method1 the salts present in the sea-water are not precipitated1 but are so treated that they are not disagreeable to the taste4 ,they pass through the body without oversaturating it with salts and without causing an undue thirst4 ,no special plants are necessary for producing preparations needed for this process2 nor do the preparations themselves consist of scarce materials4 ,it can be presumed that this method will be introduced in the ,luftwaffe and the navy in a short time4 ,now that ,german technical science has actually succeeded in rendering sea-water potable for people in distress at sea1 in accordance with the above1 the knowledge as to how foreign countries intend to solve this problem is no longer of prime importance4 ,naturally the office is very much interested in ascertaining how1 above all1 the ,united ,states has solved this problem1 and it is requested that this information be sought1 without1 however1 compromising any person or any office too much4 ,should the office there be interested in the ,berka method1 let us know4 ,samples can then be delivered4 ,the cube dispensed is not a preparation to render sea-water potable1 but a milk cube such as is already familiar to the offices4 ,signature illegible ,enclosure3 ,notation3 both crossed out #a ,milk cube ,,translation ,,of ,,document ,,no-#agg ,,prosecution ,,exhibit #acc ,,minutes ,,of ,,conference ,,at ,,the ,,reich ,,ministry ,,of ,,aviation1 #bj ,,may #aidd1 ,,concerning ,,methods ,,for ,,making ,,sea ,,water ,,potable ,personal ,staff ,,rf-,,ss4 ,filing ,department1 ,file ,no4_/#bbj_/e ,technical ,office ,,gl_/,c-,e #e ,,iv ,no4 #bfhfj_/dd secret ,berlin1 #bc ,may #aidd ,handwritten ,w #bi4f ,handwritten3 ,just received for reading given to ,,rf ,himmler ,signature ,r4 ,br4 ,rudolf ,brandt ,reichsarzt ,,ss #d_/;,july ,minutes of the conference on #bj ,may #aidd re methods for making sea-water drinkable ,present3 99 99 99 99 99 #aj4 ,oberstingenieur ,christensen ,german ,air ,ministry-- ,,gl_/,c-,e #e ,,iv #abjjdg_/bh #aa4 ,stabsingenieur ,dr4 ,schickler dto4 #abjjdg_/dcce #ab4 ,stabsingenieur ,berka ,e-,tra ,vienna ,b #bceff #ac4 ,stabsarzt ,dr4 ,becker-,freyseng ,chief ,medical #bghcac ,service #ad4 ,unterarzt ,dr4 ,schaefer ,luftwaffe ,medical ,research #bg #hc #ac ,institute ,i4 ,on #ai ,may #aidd a preliminary discussion was held at the ,reich ,air ,ministry--,,gl_/,c-,e #e ,,iv4 ,present were the following persons3 ,,gl_/,c-,e #e ,,iv ,obersting4 ,christensen dto4 ,stabsing4 ,dr4 ,schickler ,e-,tra4 ,stabsing4 ,berka ,l4 ,in4 #ad ,major ,jeworrek ,chief of the ,medical ,service ,stabsarzt ,dr4 ,becker-,freyseng ,office dto4 ,unterarzt ,dr4 ,schaefer ,herr ,pahl4 ,at this meeting ,captain 7med47 ,dr4 ,becker-,freyseng reported on the clinical experiments conducted by ,colonel 7med47 ,dr4 von ,sirany and came to the final conclusion that he did not consider them as being unobjectionable and conclusive enough for a final decision4 ,the ,chief of the ,medical ,service is convinced that1 if the ,berka method is used1 damage to health has to be expected not later than #f days after taking ,berkatit1 which damage will result in permanent injuries to health and--according to the opinion of ,n4 ,c4 ,o4 7med47 ,dr4 ,schaefer--will finally result in death after not later than #ab days4 ,external symptoms are to be expected such as drainage1 diarrhea1 convulsions1 hallucinations1 and finally death4 ,as a result of the preliminary discussion it was agreed to arrange a new series of experiments of short duration4 ,a commission was to be set up for the arrangement of these series of experiments4 ,this commission should be set up together with the ,high ,command of the ,navy at the conference on #bj ,may #aidd4 ,the series of experiments should include the following3 #a4 a4 ,persons to be given sea-water processed with ,berka method4 b4 ,persons to be given ordinary drinking ,shorthand notation3 water4 ,one copy to be submitted to the ministry4 c4 ,persons without any drinking water at all4 d4 ,persons given water treated according to the present method4 7#j4g liters of drinking water for #d persons and #d days47 ,for the duration of the experiments all persons will receive only an emergency sea diet such as is provided for persons in distress at sea4 ,duration of experiments3 ,maximum #f days ,in addition to these experiments a further experiment should be conducted as follows3 #b4 ,persons nourished with sea-water and ,berkatit1 and as diet also the emergency sea rations4 ,duration of experiments3 #ab days ,since in the opinion of the ,chief of the ,medical ,service permanent injuries to health--that is1 the death of the experimental subjects--have to be expected1 as experimental subjects such persons should be used as will be put at the disposal by the ,reichsfuehrer ,,ss4 ,herr ,pahl reports that due to the latest improvements in the ,i4 ,g4 ,farben method1 smaller quantities of iron are needed for the construction of the manufacturing equipment than were originally provided for and estimated by ,i4 ,g4 ,herr ,pahl reports further that if the ,wofatit equipment which has to be constructed could not be used later for the manufacturing of the sea-water preparation another use would be quite possible4 ,as to the silver problem ,,gl_/,c-,e #e ,,iv will check whether the necessary quantities of silver are available4 ,with ,,gl_/,c-,b #e it is to be determined whether the same quantities of the preparations will be required as heretofore4 ,,ii4 ,at the main conference on #bj ,may #aidd1 ,stabsingenieur ,dr4 ,schickler will report on work done since the last conference1 especially re the results of the preliminary discussion described in part ,i4 ,the navy emphasizes that it is considered to be of great importance to obtain a method which under the given conditions could be introduced at once without undue delay4 ,in the opinion of the navy the results obtained at the clinical experiments are sufficient1 since they are mainly interested in being able to nourish their men #c to #e days with the preparation4 ,a longer nourishing period up to #ab days would probably only be necessary in very few cases4 ,but in spite of this the ,high ,command of the ,navy agrees that the series of experiments1 as proposed by the ,chief of the ,medical ,service in paragraph #a1 should still be carried out4 ,these series of experiments should be finished and reported on not later than the end of ,june4 ,during this period all preparations are to be made for the commencement of production according to the ,berka method at a date not later than ,july #ast #aidd1 and also1 if the ,i4 ,g4 method should be introduced1 for the start of the construction of the necessary manufacturing equipment by the ,i4 ,g4 ,the commission which has to determine the conditions for the series of experiments still to be conducted is composed as follows3 ,professor ,eppinger1 ,vienna1 ,representative of the ,chief of the ,medical ,service of the ,air ,force ,representative of the ,german ,air ,ministry ,,gl_/,c ,representative of the ,high ,command of the ,navy ,stabsarzt ,dr4 ,becker-,freyseng is being contemplated as representative of the ,chief of the ,medical ,service4 ,stabsingenieur ,dr4 ,schickler and ,stabsingenieur ,berka as representatives of ,,gl2 and ,professor ,orzichowski as representative of the ,high ,command of the ,navy4 ,it was decided that ,berlin1 ,reich ,air ,ministry ,,gl_/,c-,e #e ,,iv should be the meeting place of the commission4 7,the originally proposed meeting place was changed from ,munich to ,berlin after a telephone call from ,dr4 ,becker-,freyseng72 and that the meeting should be on #be ,may #aidd at #aj3jj a4 m4 ,it was decided that ,dachau was to be the place where the experiments should be conducted4 ,stabsarzt ,dr4 ,becker-,freyseng would invite ,professor ,eppinger and would get in touch with the ,reich ,leader ,,ss4 ,the ,high ,command of the ,navy would invite ,professor ,orzichowski4 ,distribution3 ,high ,command of the ,navy--,medical ,department ,high ,command of the ,navy1 ,department for ,research1 ,inventions and ,patents ,research ,operation of the ,reich ,ministry for ,aviation and ,high ,command of the ,luftwaffe ,for information of3 ,medical ,experimentation and ,instruction ,division of the ,air ,force ,jueterbog ,e-,office ,rechlin 7,e med7 ,institute for ,aviation ,medicine1 ,d4 ,v4 ,l41 ,berlin-,adlershof ,l4 ,in4 #ad4 #a4 ,abt4 #b ,abt41 ,gruppe #c1 ,,ktb ,reich ,leader ,,ss ,technical ,academy1 ,vienna ,signature ,c4 ,,christensen ,handwritten ,a-- ,,rsha4 ,through asocial gypsies ,,gerhabdt4 ,stamp ,personal ,staff ,,rfss--enclosures received on3 #ab ,june #aidd ,journal ,no4 #ci_/d_/dd;g4 to3 ,,translation ,,of ,,document ,,no-#ahe ,,prosecution ,,exhibit #acd ,,letter ,,from ,,schroeder ,,to ,,himmler ,,and ,,grawitz1 #g ,,june #aidd1 ,,requesting ,,subjects ,,for ,,sea-,,water ,,experiments handwritten ,top ,secret ,chief ,medical ,service of the ,luftwaffe ,file3 #ee ,nr4 #eaj_/dd top secret 7#b;,f74 ,saalow1 #g ,june #aidd ueber ,zossen_/,land #b ,copies--#ast copy ,to the ,reich ,minister of the ,interior and ,reich ,leader ,,ss through ,reich ,physician ,,ss and ,police ,berlin ,w1 ,knesebeckstr4 #ea ,highly respected ,reich ,minister6 ,earlier already you made it possible for the ,luftwaffe to settle urgent medical matters through experiments on human beings4 ,today again ,i stand before a decision which1 after numerous experiments on animals as well as human experiments on voluntary experimental subjects1 demands a final solution4 ,the ,luftwaffe has simultaneously developed two methods for making sea-water potable4 ,the one method1 developed by a medical officer1 removes the salt from the sea-water and transforms it into real drinking water2 the second method1 suggested by an engineer1 leaves the salt content unchanged1 and only removes the unpleasant taste from the sea-water4 ,the latter method1 in contrast to the first1 requires no critical raw material4 ,from the medical point of view this method must be viewed critically1 as the administration of concentrated salt solutions can produce severe symptoms of poisoning4 ,as the experiments on human beings could thus far only be carried out for a period of #d days1 and as practical demands require a remedy for those who are in distress at sea up to #ab days1 appropriate experiments are necessary4 ,required are #dj healthy test subjects1 who must be available for #d whole weeks4 ,as it is known from previous experiments that necessary laboratories exist in the concentration camp ,dachau1 this camp would be very suitable4 ,direction of the experiments is to be taken over by ,stabsarzt ,dr4 ,beiglboeck1 civilian2 ,chief ,physician of the ,medical ,university ,clinic in ,vienna1 ,professor ,dr4 ,eppinger4 ,after receipt of your basic approval1 ,i shall list by name the other physicians who are to participate1 in the experiments4 ,due to the enormous importance which a solution of this problem has for shipwrecked men of the ,luftwaffe and navy1 ,i would be greatly obliged to you1 my dear ,reich ,minister1 if you would decide to comply with my request4 ,heil ,hitler6 ,signature ,,schroeder ,,translation ,,of ,,document ,,no-#ahc ,,prosecution ,,exhibit #acf ,,teletype ,,from ,,rudolf ,,brandt ,,to ,,grawitz1 ,,undated1 ,,concerning ,,experimental ,,subjects stamp ,top ,secret ,teletype3 ,to the ,reich ,physician ,,ss and ,police ,,ss ,obergruppenfuehrer ,dr4 ,grawitz1 ,berlin ,subject3 ,experiments by the ,chief of the ,medical ,service of the ,luftwaffe4 ,reference3 ,your letter of #bh ,june #aidd--;,journal ,number #ac_/dd secret ,obergruppenfuehrer6 ,the ,reich ,leader ,,ss has decided that in accordance with the suggestion of ,,ss ,gruppenfuehrer ,nebe1 gypsies should be used for the experiments4 ,in addition1 three other prisoners will be made available4 ,heil ,hitler6 ,signed ,,brandt ,,ss ,standartenfuehrer ,,translation ,,of ,,document ,,no-#ahb ,,prosecution ,,exhibit #acg ,,letter ,,from ,,sievers ,,to ,,grawitz1 #bd ,,july #aidd1 ,,concerning ,,experiments ,,on ,,the ,,potability ,,of ,,sea ,,water ,reich ,leader ,,ss ,personal ,staff 8,office-,a0 7#ac;a7 ,waischenfeld_/,ofr4 ,no4 #ace1 ,tel4 ,no4 #b #bd ,july #aidd ,secret ,,ss ,standardtenfuehrer ,ministerialrat ,dr4 ,brandt1 for ,information4 ,to ,,ss ,obergruppenfuehrer ,reich ,physician ,,ss and ,police ,dr4 ,grawitz ,berlin ,w #ae1 ,knesbeckstr4 #ea ,handwritten remark ,gbl #bi4g ,subject3 ,experiments on the potability of sea-water4 ,refer3 ,your letter of #aa ,july #aidd1 ,journal ,no4 #ac_/,,ss top secret ,dear ,obergruppenfuehrer6 ,i want to inform you about my talks with ,,ss ,hauptsturmfuehrer ,dr4 ,ploetner and ,chief ,physician ,beiglboeck in ,dachau on #bj ,july4 ,there will be employed3 #a person in charge1 #c medical chemists1 #a female assistant1 #c ranks for supervision4 ,prospective time3 #c weeks4 ,in our research station only the #dj experimental persons can be accommodated1 otherwise there is absolutely insufficient room since the ,ploetner section is fully occupied and work cannot be interrupted4 ,our laboratory is insufficiently equipped1 since some essential equipment is wanting4 ,in spite of serious difficulties1 the following agreement was arrived at3 #a4 ,in the ,ploetner section a desk will be reserved 7in the laboratory74 #b4 ,the remaining rooms will be placed at our disposal in our ,entomological ,institute for a period of #c weeks4 ,equipment needed must be provided by the ,luftwaffe4 ,thus it will be assured that the female assistants can work in ,dachau too1 because the ,entomological ,institute is located outside the concentration camp4 #c4 ,billet must be arranged between ,chief ,physician ,dr4 ,beiglboeck and the commandant's office1 since we have no billets at our disposal4 #d4 ,,ss ,hauptsturmfuehrer ,dr4 ,ploetner will give his assistance1 help1 and advice4 ,he was1 however1 not selected for internal guidance1 because this is being done by the ,luftwaffe physicians themselves4 ,the experiments are to begin on ,july #bc if experimental persons are available by then and the camp commandant is in possession of the required order of the ,reich ,leader ,,ss4 ,dr4 ,beiglboeck himself wanted to get in touch with ,,ss ,hauptsturmfuehrer ,frowein1 ,adjutant of the ,reich ,physician ,,ss1 on this subject4 ,i hope that this arrangement may permit a successful conduct of the experiments4 ,when the results are reported at the proper time1 please arrange to point out the participation and assistance of the ,reich ,leader ,,ss4 ,with best regards and ,heil ,hitler6 ,signature ,,sievers ,,ss ,standartenfuehrer ,,partial ,,translation ,,of ,,becker-,,freyseng ,,document #db ,,becker-,,freyseng ,,defense ,,exhibit #bi ,,affidavit ,,of ,,dr4 ,,ludwig ,,harriehausen1 #i ,,january #aidg1 ,,regarding ,,use ,,of ,,patients ,,in ,,sea-,,water ,,experiments 99 99 99 99 99 ,dr4 ,schroeder1 as my superior1 often visited the hospitals in my charge1 especially the ,luftwaffe hospital in ,brunswick of which ,i had been medical superintendent since #aidb4 99 99 99 99 99 ,i recall very well that ,i was once asked whether it would be possible to carry out control experiments with sea-water1 made drinkable by various methods1 on patients suffering from minor complaints and the slightly wounded in the ,luftwaffe hospital in ,brunswick which was under my supervision4 ,whether ,professor ,dr4 ,schroeder or one of his representatives put this question to me1 and at what exact time1 ,i cannot recall exactly4 ,it could have been in ,june #aidd4 ,i had to refuse the undertaking of such experiments1 as ,i had strict orders to send all patients and wounded who could be released back to the troops2 thus ,i did not have at my disposal hospital inmates suitable for these experiments4 ,furthermore1 the hospital was overcrowded at this time and was1 therefore1 not suitable for scientific experiments4 ,i can also recall clearly that1 at a later time1 ,i again spoke to ,professor ,dr4 ,schroeder about this matter1 and that he expressed his regret on this occasion that these experiments could not be carried out in the ,luftwaffe hospital in ,brunswick which was under my direction4 99 99 99 99 99 ,,extracts ,,from ,,the ,,testimony ,,of ,,prosecution ,,witness ,,karl ,,hoellenrainer#ea ,,direct ,,examination 99 99 99 99 99 ,,mr4 ,,hardy3 ,now1 ,witness1 for what reasons were you arrested by the ,gestapo on #bi ,may #aidd8 ,,witness ,,hoellenrainer3 ,because ,i am a gypsy of mixed blood4 ,q4 ,and after your arrest you were sent to the ,auschwitz concentration camp8 ,a4 ,yes4 ,q4 ,how long did you remain in ,auschwitz8 ,a4 ,about #d weeks4 ,q4 ,and then where were you placed8 ,a4 ,i was sent to ,buchenwald4 ,q4 ,how long did you stay in ,buchenwald8 ,a4 ,i only stayed there for a few days4 ,q4 ,and then what happened to you8 ,a4 ,i was in ,buchenwald1 and suddenly our numbers were called4 ,forty men were called out1 including me1 and we were told that we were going to ,dachau to work4 ,as soon as we arrived at ,dachau we were put in a quarantine block4 ,one day an ,,ss man came and wrote down our numbers1 and then we were ,x-rayed4 ,afterwards they sent us to the surgical department of a certain ,luftwaffe doctor4 ,i am afraid ,i can't remember the physician's name4 ,i know that he was in the ,luftwaffe and that he was an ,austrian4 ,he examined all of us1 and then we were divided into groups for a sea-water experiment4 ,q4 ,just a moment1 ,witness4 ,i now want to ask you some brief questions concerning what you have just told us4 ,you state that you went to ,dachau to work4 ,did you consider going to ,dachau to be good fortune8 ,a4 ,yes2 a friend of mine1 a gypsy1 had already been to ,dachau1 and he told me that the situation was much better and that we would get better food4 ,but that was not the case4 ,q4 ,well1 did you understand what you were to do when you went to ,dachau1 what type of work was it1 bomb disposal or removal8 ,a4 ,yes4 ,we went there to work4 ,q4 ,did you understand that you were going to ,dachau to volunteer for sea-water experiments8 ,a4 ,no1 never4 ,q4 ,now1 upon arrival in ,dachau you then went to the quarantine block1 is that correct8 ,a4 ,yes4 ,q4 ,you stayed there for a day or two and were given a physical examination8 ,a4 ,yes4 ,q4 ,did you also get an ,x-ray examination8 ,a4 ,yes4 ,q4 ,and then you were transferred to the experimental block8 ,a4 ,yes4 ,q4 ,and there you met a professor or a doctor8 ,a4 ,yes4 ,q4 ,do you think you would be able to recognize that doctor if you saw him today8 ,a4 ,yes1 immediately4 ,i would recognize him at once4 ,q4 ,would you kindly stand up from your witness chair1 take your earphones off1 and proceed over to the defendants' dock1 and see if you can recognize the professor that you met at ,dachau8 7,witness leaves the stand47 ,q4 ,walk right over1 please4 7,witness attempts assault on the defendant ,beiglboeck47 ,,mr4 ,,hardy3 ,the prosecution apologizes for the conduct of the witness1 your ,honors4 ,due to the manner of this examination1 the prosecution will have no further questions1 your ,honors4 ,,presiding ,,judge ,,beals3 ,the marshal will keep the witness guarded before the ,tribunal4 ,,dr4 ,,steinbauer 7counsel for the defendant ,beiglboeck73 ,i have no questions to put to the witness4 ,,presiding ,,judge ,,beals3 ,will the marshal bring the witness before the bar of this ,court8 ,will an interpreter come up here who can translate to the witness8 ,witness1 you were summoned before this ,tribunal as a witness to give evidence4 ,,witness ,,hoellenrainer3 ,yes4 ,q4 ,this is a court of justice4 ,a4 ,yes4 ,q4 ,and by your conduct in attempting to assault the defendant ,beiglboeck in the dock1 you have committed a contempt of this ,court4 ,a4 ,your ,honors1 please excuse my conduct4 ,i am very excited4 ,q4 ,ask the witness if he has anything else to say in extenuation of his conduct4 ,a4 ,your ,honors1 please excuse me4 ,i am so worked up4 ,that man is a murderer4 ,he has ruined my whole life4 ,q4 ,your statements afford no extenuation of your conduct4 ,you have committed a contempt in the presence of the ,court1 and it is the judgment of this ,tribunal that you be confined in the ,nuernberg prison for the period of #ij days as punishment for the contempt which you have exhibited before this ,tribunal4 ,a4 ,would the ,tribunal please forgive me4 ,i am married and ,i have a small son4 ,this man is a murderer4 ,he gave me salt water and he performed a liver puncture on me4 ,i am still under medical treatment4 ,please do not send me to prison4 ,q4 ,that is no extenuation4 ,the contempt before this ,court must be punished4 ,people must understand that a court is not to be treated in that manner4 ,will the marshal call a guard and remove the prisoner to serve the sentence which this ,court has inflicted for contempt8 ,it is understood that the defendant is not to be confined at labor4 ,he is simply to be confined in the prison1 having committed a contempt in open court by attempting to assault one of the defendants in the dock4 ,,mr4 ,,hardy3 ,at this time1 your ,honor1 the prosecution will request a brief recess1 if your ,honors please4 ,,presiding ,,judge ,,beals3 ,very well1 the ,tribunal will be in recess for a moment4 7,a recess was taken47 99 99 99 99 99 ,,the ,,marshal3 ,the ,tribunal is again in session4 #a ,july #aidg4 ,,mr4 ,,hardy3 ,the prosecution wishes to recall the witness ,karl ,hoellenrainer to the witness stand1 your ,honors4 ,,presiding ,,judge ,,beals3 ,the marshal will summon the witness ,hoellenrainer4 7,the witness ,karl ,hoellenrainer took the stand47 ,,judge ,,sebring3 ,you will raise your right hand and be sworn4 ,i swear by ,god1 the ,almighty and ,omniscient1 that ,i will speak the pure truth and will withhold and add nothing4 7,witness repeated the oath47 ,,presiding ,,judge ,,beals3 ,counsel may proceed4 ,,direct ,,examination ,,mr4 ,,hardy3 ,witness1 your name again is ,karl ,hoellenrainer8 ,,witness ,,hoellenrainer3 ,yes4 ,q4 ,witness1 at the close of your testimony the other day1 you were proceeding to tell the ,tribunal about your activities after your arrival at the ,dachau concentration camp8 ,a4 ,yes4 ,q4 ,now1 when did you arrive for the first time at the ,dachau concentration camp8 ,a4 ,that was about the middle of ,july4 ,q4 ,and then you stayed at the camp hospital for a period of #a or #b days8 ,a4 ,in ,auschwitz8 ,q4 ,no1 in ,dachau1 after your arrival8 ,a4 ,yes1 yes1 in ,dachau4 ,q4 ,and then you were examined physically and also ,x-rayed8 ,a4 ,yes4 ,q4 ,after you had been physically examined and ,x-rayed1 what happened to you8 ,a4 ,then1 we came into the so-called surgical department4 ,we were #dj men4 ,then a ,luftwaffe doctor came and examined us4 ,we had to take our clothes off and stand in line4 ,then he said1 8,well1 you will be given good food1 such as you have never had1 and then you won't get anything to eat at all1 and you will have to drink sea-water40 ,one of the prisoners whose name was ,rudi ,taubmann jumped up and refused4 ,he was in an experiment1 a cold-water experiment1 and he didn't want to be in any more experiments4 ,the doctor from the ,luftwaffe said1 8,if you are not quiet1 and want to rebel1 ,i will shoot you on the spot40 ,the doctor from the ,luftwaffe always had a pistol1 and then we were all quiet4 ,for about one week we got cookies1 rusks1 and brown sugar4 ,there were about #ba little cookies1 and three or four little pieces of dextrose4 ,otherwise1 we got nothing4 ,the #h days-- ,q4 ,just a moment4 ,did you at any time volunteer for these experiments8 ,a4 ,no4 ,q4 ,were you asked whether or not you wished to volunteer for the experiments8 ,a4 ,no4 ,q4 ,were any of the other inmates asked if they would like to volunteer8 ,a4 ,no4 ,q4 ,was the young ,mettbach a volunteer1 the youngest ,mettbach8 ,a4 ,i know only one ,ernst ,mettbach from ,fuerth1 but ,i don't know whether he volunteered4 ,q4 ,was ,ernst ,mettbach in the experiments throughout2 that is1 did he complete the experiments8 ,a4 ,no1 he was only there a short time1 #b or #c days maybe4 ,then1 the doctor from the ,luftwaffe put him out1 and where he went ,i don't know4 ,q4 ,now1 did the professor ask anyone for his approval before he was subjected to the sea-water experiments8 ,a4 ,no4 ,q4 ,did the professor or any of the other ,luftwaffe physicians talk to the inmates and advise them as to the hazards of the experiment prior to the commencement of the actual experiments8 ,a4 ,no4 ,q4 ,now1 will you1 in detail1 tell the ,tribunal just what food the experimental subjects received prior to the experiments1 during the course of the experiments1 and after the experiments1 and in doing so1 ,witness1 kindly talk very slowly and distinctly so that the interpreters will be able to translate you more efficiently4 ,a4 ,yes4 ,at first we got potatoes1 milk1 and then we got these cookies and dextrose and rusks4 ,that lasted about #a week4 ,then we got nothing at all4 ,then the doctor from the ,luftwaffe said1 8,now1 you have to drink sea-water on an empty stomach40 ,that lasted about #a or #b weeks4 ,this ,rudi ,taubmann1 as ,i already said1 got excited and didn't want to participate2 and the doctor from the ,luftwaffe said1 8,if you get excited and mutiny1 ,i will shoot you10 and then we were all quiet4 ,then we began to drink sea-water4 ,i drank the worst kind1 that was yellowish4 ,we drank two or three times a day1 and then in the evening we drank the yellow kind4 ,there were three kinds of water1 white water1 and yellow water two kinds2 and ,i drank the yellow kind4 ,after a few days the people became raving mad2 they foamed at the mouth4 ,the doctor from the ,luftwaffe came with a cynical laugh and said1 8,now it is time to make the liver punctures40 ,i remember one very well4 ,q4 ,talk more slowly1 ,witness4 ,thank you4 ,a4 ,yes4 ,the first row on the left when you came in1 the second bed1 that was the first one4 ,he went crazy and barked like a dog4 ,he foamed at the mouth4 ,the doctor from the ,luftwaffe took him down on a stretcher with a white sheet over him1 and then he stuck a needle about this long 7indicating7 into his right side1 and there was a hypodermic needle on it1 and it bled1 and it was very painful4 ,we were all quiet and excited4 ,when that was over1 the other inmates took their turn4 ,the people were crazy from thirst and hunger1 we were so hungry--but the doctor had no pity on us4 ,he was as cold as ice4 ,he didn't take any interest in us4 ,then1 one gypsy--,i don't know his name any more--ate a little piece of bread once1 or drank some water2 ,i don't remember just what he did4 ,the doctor from the ,luftwaffe got very angry and mad4 ,he took the gypsy and tied him to a bed post and sealed his mouth4 ,q4 ,witness1 do you mean that he put adhesive tape over this gypsy's mouth8 ,a4 ,yes4 ,q4 ,go ahead1 continue4 ,a4 ,then a gypsy1 he was lying on the right1 a big strong1 husky fellow1 he refused to drink the water4 ,he asked the doctor from the ,luftwaffe to let him go4 ,he said he couldn't stand the water4 ,he was sick4 ,the doctor from the ,luftwaffe had no pity1 and he said1 8,no1 you have to drink it40 ,the doctor from the ,luftwaffe told one of his assistants to go and get a sun4 ,naturally1 we didn't know what a sun was4 ,then one of his assistants came with a red tube about this long 7indicating7 and thrust this tube first into the gypsy's mouth and then into his stomach4 ,q4 ,just a moment4 ,that tube was how long8 ,how long would that be1 a half a meter long8 ,a4 ,about this long 7indicating74 ,q4 ,that will be about a half a meter8 ,a4 ,yes1 about a half a meter4 ,and then the doctor from the ,luftwaffe took this red tube and put it in the gypsy's mouth and into his stomach4 ,and then he pumped water down the tube4 ,the gypsy kneeled in front of him and beseeched him for mercy but that doctor had none4 ,q4 ,witness1 during the experiments was your temperature taken8 ,a4 ,yes4 ,q4 ,who took your temperatures8 ,a4 ,there were two ,frenchmen1 one tall thin and one short blond one2 and they took the temperatures and the doctor from the ,luftwaffe took the temperatures1 too4 ,q4 ,when you say 8the doctor from the ,luftwaffe0 you mean the man you referred to as the 8professor40 ,the professor and the doctor from the ,luftwaffe are the same or are they two different people8 ,a4 ,yes4 ,q4 ,i see4 ,thank you4 ,now1 who performed the liver punctures8 ,a4 ,the doctor from the ,luftwaffe carried out the liver punctures himself4 ,some people were given liver punctures and at the same time a puncture in the spinal cord4 ,the doctor from the ,luftwaffe did that himself4 ,it was very painful4 ,something ran out at the same time at the back4 ,it was water or something--,i don't know what it was4 ,q4 ,well1 did you receive a liver puncture8 ,a4 ,yes4 ,q4 ,did the professor tell you for what reason he gave you that liver puncture8 ,a4 ,the doctor from the ,luftwaffe came to me and said1 8,now1 ,hoellenrainer1 it's your turn40 ,i was lying on the bed4 ,i was very weak from this water and from not having anything to eat4 ,he said1 8,now1 lie on your left side and take the clothes off your right side40 ,i held on to the bedstead on top of me and the doctor from the ,luftwaffe sat down next to me and pushed a long needle into me4 ,it was very painful4 ,i said1 8,doctor1 what are you doing80 ,the doctor said1 8,i have to make a liver puncture so that the salt comes out of your liver40 ,q4 ,now1 ,witness1 can you tell us whether or not the subjects used in the experiments were gypsies of purely ,german nationality or were there some ,polish gypsies1 some ,russian gypsies1 ,czechoslovak gypsies1 and so forth8 ,a4 ,yes1 there were about seven or eight ,germans and the rest of them were all ,poles and ,czechs1 ,czech gypsies and ,polish gypsies4 ,q4 ,were any of the experimental subjects ever taken out of the station room to the yard outside the experimental barracks8 ,a4 ,yes1 at the end when the experiments were all finished2 and three people were carried out with white sheets over them on a stretcher4 ,they were covered with sheets but ,i don't know whether they were dead or not4 ,but we1 my colleagues and ,i1 talked about it4 ,we never saw these three again1 neither at work nor anywhere in the camp4 ,we often talked about it and wondered where they were4 ,we never saw them again4 ,we thought that they were dead4 ,q4 ,do you know where they were taken8 ,a4 ,no1 ,i don't know4 ,q4 ,well1 during the course of the experiments were you weighed every day8 ,a4 ,yes4 ,we were weighed1 too4 ,q4 ,was that every day or every other day8 ,a4 ,i don't remember exactly4 ,q4 ,well1 now1 after the completion of the experiments in early ,september what happened to you8 ,a4 ,when we had finished the experiments8 ,q4 ,yes4 ,a4 ,i told you that already4 ,we were sent to the hospital and the doctor from the ,luftwaffe came and said we were to take our clothes off and we lined up and were divided into three groups4 ,the doctor from the ,luftwaffe said1 8,now you will be given good food4 ,you have never had such good food40 ,we were given potatoes1 dextrose1 cookies1 milk-- ,q4 ,just a minute1 ,witness4 ,i am referring to the end of the experiments1 after the experiments were all completed4 ,could you tell us what date your experiments were completed and you were transferred from the experimental station8 ,a4 ,the experiment lasted1 maybe1 #d or #e weeks altogether4 ,i don't know the date4 ,q4 ,well1 then1 they were completed in early ,september4 ,is that correct8 ,you arrived-- ,a4 ,yes4 ,q4 ,now1 after the experiments were completed did you then return to the camp proper or to the camp hospital8 ,a4 ,no1 to the camp1 into ,block #bb4 ,we couldn't walk4 ,we all had to support each other4 ,we were exhausted4 ,i forgot to tell you one thing4 ,before we began the experiments and we had this good food for about one week1 the doctor took us out into the courtyard near the hospital4 ,the doctor from the ,luftwaffe came4 ,he had a little bottle in his hand and we all had to line up4 ,there was some liquid in the bottle and he put a number on our chest4 ,i had number 8#bc40 ,it burned a lot4 ,then we went back into the block4 ,on every bed there was a number1 the same number we had on our chests4 ,one man--but ,i don't remember who it was--one of the inmates1 said3 8,that is what they call the death number40 ,i was pretty scared and the inmates said1 8,yes1 that is the death number so that the doctor of the ,luftwaffe will know right away who is dead40 ,we didn't want to go on with the experiments but what choice did we have8 ,we were just poor prisoners4 ,nobody bothered about us4 ,we had to let them do with us what they wanted4 ,we couldn't resist4 ,i haven't got the power to relate everything as it-- ,q4 ,all right4 ,just a moment4 ,was your bed number 8#bc08 ,a4 ,yes4 ,q4 ,then you were considered to be experimental subject number #bc8 ,a4 ,yes4 ,q4 ,were you sick during the course of the experiments1 ,witness8 ,a4 ,yes4 ,q4 ,now1 ,witness1 after the completion of the experiments in early ,september were you then called in and weighed to determine your weight about #b weeks later8 ,a4 ,no1 not after #b weeks4 ,q4 ,were you called in and weighed #a week after you had completed the experiments8 ,do you remember8 ,a4 ,i don't remember4 ,but we were weighed4 ,q4 ,you were weighed every day during the experiments8 ,a4 ,yes4 ,q4 ,what ,i want to know is1 were you weighed after the completion of the experiments8 ,for instance1 you were weighed every day during the experiments2 then the experiments were completed2 then you were not weighed again for a period of #a or #b weeks4 ,did you get weighed #a or #b weeks after the completion of the experiments8 ,a4 ,when the experiment was all finished8 ,no4 ,q4 ,well1 now after you left the experimental block and went to the camp how long was it before you were able to resume work8 ,a4 ,a few days4 ,then we were sent in a detachment to a farm in ,feldmochingen4 ,we had to work hard and the food was better than in the camp but1 you know1 if you are a prisoner1 what did the farmers give you8 ,a little bread1 some soup--but1 in any case it was better than in the camp2 and then every evening we came back to our block and then we got the regular camp food4 99 99 99 99 99 ,,cross-,,examination 99 99 99 99 99 ,,dr4 ,,steinbauer3 ,when you were examined the first time you said that you had no previous convictions4 ,do you maintain this assertion8 ,,witness ,,hoellenrainer3 ,no1 ,i have been convicted4 ,q4 ,then why did you lie8 ,a4 ,i did not lie4 ,i meant from the experiments4 ,q4 ,the question was whether before you came to the ,gestapo you had ever been convicted and punished by the police4 ,nothing was mentioned about experiments at that time4 ,that's an excuse4 ,do you admit that you lied8 ,it's much better for you4 ,a4 ,no4 ,i did not lie4 ,q4 ,well1 you have been convicted8 ,a4 ,yes4 ,q4 ,for theft8 ,a4 ,yes4 ,q4 ,for fraud8 ,a4 ,yes4 ,q4 ,for assault8 ,a4 ,yes4 ,q4 ,for blackmail8 ,a4 ,what do you mean by that8 ,q4 ,well1 coercion4 ,a4 ,no4 ,q4 ,for using a false name8 ,a4 ,no4 ,i never used a false name4 ,q4 ,you have to speak more slowly4 ,we will come back to that4 ,you were arrested then for desertion8 ,a4 ,yes4 ,q4 ,you were prosecuted for desertion8 ,a4 ,yes4 ,q4 ,you refused to obey your draft order8 ,a4 ,yes4 ,q4 ,isn't that why you were sent to the concentration camp8 ,a4 ,no1 ,i was sent to the concentration camp merely because ,i am a gypsy4 ,my brothers were in the war and they came back from ,russia and were sent to ,sachsenhausen and were murdered there1 because there weren't supposed to be any more gypsies in the ,german ,army4 ,q4 ,what kind of a badge did you wear in the camp8 ,a4 ,a black one4 ,q4 ,you and your wife1 too1 have stated that you participated in malaria1 phlegmon1 typhoid1 and sea-water experiments8 ,a4 ,no1 only this one experiment1 no malaria4 ,q4 ,do you admit that you lied to the young doctor who talked to you8 ,a4 ,no1 ,i didn't lie to the doctor4 ,i just told him the exact truth4 ,my wife and ,i weren't allowed to marry4 ,my wife had a child from me and it was cremated in ,birkenau4 ,my sister was cremated and both her children4 ,q4 ,don't get excited4 ,i asked you whether you told the young doctor that you were in four different experiments4 ,all you have to say is yes or no4 ,a4 ,i told the doctor ,i drank salt water4 ,q4 ,listen1 ,herr ,hoellenrainer1 don't be evasive as gypsies usually are4 ,give me a clear answer as a witness under oath4 ,did you tell the doctor that you participated in other experiments1 yes or no8 ,a4 ,no4 ,i just drank salt water4 ,,mr4 ,,hardy3 ,your ,honor1 the testimony of this doctor is not in evidence before this ,tribunal4 ,i don't understand what ,dr4 ,steinbauer is referring to4 99 99 99 99 99 ,,dr4 ,,steinbauer3 ,you said you were in ,auschwitz8 ,,witness ,,hoellenrainer3 ,yes4 ,q4 ,were you in the ,birkenau extermination camp8 ,a4 ,yes4 ,q4 ,were the gypsies in a big camp there8 ,a4 ,yes4 ,q4 ,were there women and children there8 ,a4 ,yes4 ,q4 ,did you have a wife there8 ,a4 ,yes1 my fiancee1 ,ida ,schmidt4 ,she was gassed4 ,she was burned to death4 ,i never saw her again4 ,q4 ,didn't you once beat your wife until the blood spurted out on to the wall8 ,a4 ,no4 ,q4 ,did you ever beat her8 ,a4 ,no4 99 99 99 99 99 ,q4 ,i asked you whether what ,i have just read to you is true1 that you were divided up and your numbers were called out1 etc48 ,a4 ,we weren't asked at all4 ,forty of us were collected together and we were sent to ,dachau4 ,q4 ,now1 ,i have to tell you that your countryman--he is from ,fuerth too1 called ,mettbach--said that he talked to you and particularly said that he wanted to go to ,dachau because it was nearer ,fuerth than ,buchenwald2 is that true8 ,a4 ,that might be4 ,i didn't mind going to ,dachau either because my brother lived in ,munich4 ,q4 ,then you did go voluntarily8 ,a4 ,no1 ,i did not4 ,q4 ,how does it happen that ,laubinger said something else8 ,laubinger said you were deceived1 that is why you volunteered8 ,a4 ,no1 ,i never volunteered4 ,i certainly wouldn't volunteer for these death experiments4 ,q4 ,well1 you went to ,dachau8 ,a4 ,yes4 ,q4 ,do you know the old ,herzberg8 ,a4 ,no4 ,q4 ,you don't remember the gypsy from ,bratislava8 ,a4 ,no4 ,q4 ,who was the oldest gypsy8 ,a4 ,i don't remember4 ,q4 ,you were with your comrades for weeks and don't know their names8 ,a4 ,no4 ,q4 ,it is possible that ,mettbach did not know all the names then1 isn't it8 ,a4 ,how should ,i know8 ,i did not have time to ask everybody what his name was4 ,q4 ,when the experiments were to begin1 did the professor explain the purpose8 ,that it was for rescuing people from shipwrecks1 and that it was a sea-water experiment8 ,a4 ,yes1 of course4 ,q4 ,did he explain that you would be very thirsty8 ,a4 ,yes1 he did first4 ,q4 ,and that thirst was very unpleasant8 ,a4 ,yes4 99 99 99 99 99 ,q4 ,witness1 the thirst dried out the mouth8 ,a4 ,yes4 ,q4 ,how can you explain that these people foamed at the mouth8 ,a4 ,they had fits and foamed at the mouth1 they had fits of raving madness4 ,q4 ,i am just asking you how there can be foam on a mouth which is completely dried out8 ,a4 ,i don't know4 ,q4 ,you don't know4 ,then some became mad8 ,a4 ,yes4 ,q4 ,you gypsies stick together1 don't you8 ,a4 ,yes1 of course4 ,q4 ,then you must be able to tell me who became mad8 ,a4 ,i don't remember4 ,q4 ,you must know4 ,if a friend of mine--,i was a soldier twice--and if a friend of mine had gone mad then ,i would have noticed it4 ,a4 ,it was a tall man who was in the first row4 ,he was the first one to start4 ,he became raving mad and had fits and thrashed around with his hands and feet4 ,he was a tall slim gypsy4 ,q4 ,you said that you were weighed8 ,a4 ,yes4 ,q4 ,isn't it possible that after the experiment1 when you received good food again and plenty of water1 you were re-weighed8 ,a4 ,no4 ,q4 ,but then they had a chart showing where you were weighed every day8 ,a4 ,i don't know4 ,q4 ,were you weighed standing up or lying down8 ,a4 ,standing up4 ,q4 ,were some of the people weighed lying down8 ,a4 ,i don't remember4 ,q4 ,were the scales ones on which people could be weighed lying down8 ,a4 ,i don't know4 ,q4 ,what did these scales look like8 ,a4 ,well1 they were big scales4 ,you had to stand on it4 ,there was an indicator which showed the weight4 ,q4 ,the man who had his mouth sealed1 did he have a tube in his stomach too8 ,a4 ,i don't remember4 ,q4 ,your liver was punctured8 ,a4 ,yes4 ,q4 ,do you have a scar8 ,a4 ,a scar8 ,i don't know4 ,q4 ,don't you ever look at your body8 ,a4 ,yes4 ,you want to see it8 ,q4 ,no4 ,i am just asking you if you have a scar8 ,a4 ,you mean a little mark8 ,q4 ,have you a little round scar there8 ,a4 ,i did not look as carefully as that4 ,q4 ,well1 do you think you have one or not8 ,a4 ,i don't know4 ,i didn't bother with these camp matters any more1 otherwise ,i would go crazy4 ,i don't want to hear anything more about the camp4 ,we suffered long enough4 ,q4 ,witness1 do you think you are mad or mentally retarded8 ,a4 ,no4 ,i don't think ,i am mad4 ,i said1 ,i'd very soon go mad if ,i thought about these things at the camp4 ,q4 ,do you think there is something wrong with you mentally8 ,a4 ,no4 ,q4 ,you say you are going crazy8 ,a4 ,well1 if ,i keep thinking of that camp4 ,,mr4 ,,hardy3 ,i object to this line of questioning1 your ,honor4 ,,dr4 ,,steinbauer3 ,well1 your liver was punctured8 ,a4 ,yes4 ,q4 ,do you know whether you have a scar1 yes or no8 ,a4 ,i don't know4 ,q4 ,what was the nationality of the people in the camp who were experimental subjects8 ,a4 ,poles and ,czechs4 ,q4 ,how many ,germans were there8 ,a4 ,seven or eight1 who spoke ,german4 ,q4 ,were there some ,hungarians and ,burgenlaender8 ,a4 ,no4 ,i don't know4 99 99 99 99 99 ,,extracts ,,from ,,the ,,testimony ,,of ,,defendant ,,beiglboeck#eb ,,cross-,,examination 99 99 99 99 99 ,,mr4 ,,hardy3 ,do you have any ability to write shorthand1 ,doctor8 ,,defendant ,,beiglboeck3 ,yes1 ,i know shorthand4 ,q4 ,are these your stenographic notes on the back of ,document ,c-#bc8 ,a4 ,yes4 ,q4 ,would you kindly read those to the ,tribunal--transcribe them8 ,would that be too difficult1 or would you like to have me give you my transcription of them to aid you8 ,a4 ,it says3 8,the thirst acquires forms which are difficult to bear4 ,the patient is apathetic40 ,q4 ,pardon me1 ,doctor4 ,it might be helpful if you used this transcription4 ,i have had experts transcribe the notes2 and then the interpreters can follow us more readily4 ,i have the ,english copies also for the ,tribunal to follow you1 and if you have any discrepancy to point out with transcription as set out in the ,english-- ,,judge ,,sebring3 ,are you offering this1 ,mr4 ,hardy8 ,,mr4 ,,hardy3 ,that is a problem1 your ,honor4 ,i want to have him transcribe the notes1 and when the ,tribunal settles who will offer this document into evidence1 either the defense or prosecution1 at that time1 if necessary1 ,i will give this a document number4 ,i think we will have to wait to clarify that point later4 ,q4 ,would you check that transcription1 ,professor8 ,a4 ,that is correct1 except in the first line it says-- ,,presiding ,,judge ,,beals3 ,you have read your own stenographic notes1 have you not8 ,,defendant ,,beiglboeck3 ,yes1 and ,i have compared them with this transcription4 ,q4 ,what you should now read is your own version of these shorthand notes as you say they are correctly read4 ,you understand that8 ,you can read them from that1 as you corrected it4 ,you can read them from shorthand direct or from the typewritten transcription1 as you please4 ,read slowly1 too1 please4 ,,mr4 ,,hardy3 ,while he is reading that1 your ,honor1 ,i suggest that he stop at the correction he wishes to make and we can correct our ,english copy and the interpreters can correct the ,german copy4 ,,presiding ,,judge ,,beals3 ,he will call attention to the corrections which you make4 ,,defendant ,,beiglboeck3 8,the thirst assumes forms difficult to endure40 ,the second version reads3 8already unendurable04 ,my notes do not read like that4 8,the thirst assumes forms difficult to endure4 ,the patient lies there quite motionless with half-closed eyes4 ,the patient lies apathetically4 ,he takes little notice of his surroundings4 ,he asks for water only when he awakes from his somnolent condition4 8,the appearance is very bad and shows signs of a decline4 ,the general condition gives no cause for alarm4 8,respiration somewhat flatter1 moderately frequent4 8,respirations #be per minute4 8,the eyes are deeply hollowed01 it should read 8deeply04 ,here it says 8often04 8,the turgor of the skin greatly reduced4 8,skin dry1 tongue completely dry1 whitish coating in the middle fairly free4 8,the mucous membranes of the mouth and the lips dry1 latter covered with crusts4 ,lungs show slight very dry bronchitis1 lower border ,,vi-,,xi40 ,it is supposed to read 8,,xi04 ,originally it said 8,,xii0 and apparently ,i corrected it to read 8,,xi40 8,sharpened vesicular01 the word 8breathing0 is omitted here1 of course4 8,sharpened vesicular breathing0--that is a medical expression4 8,heart beats very low1 barely audible4 ,pulse weak4 ,filled4 ,palpability of the pulse worse40 ,here it says that the pulse is 8felt0 and it should be 8filled04 ,the pulse is less full4 ,then this which is described here as undecipherable reads3 8,the cell walls are somewhat thickened40 ,here ,i probably said 8more strongly thickened04 8,liver #b-c fingers below sternal margin1 rather soft1 moderately sensitive to pressure40 8,spleen soft0 is wrong4 ,it says3 8,spleen reutoric1 enlarged in a ring form1 slightly enlarged40 8,musculature hypotonic4 ,joints can be extended excessively4 ,calves slightly sensitive to pressure40 ,then what is described here as illegible reads3 8,indication of horizontal welt formation strong welt vertical formation40 ,that refers to the reaction of the muscle upon knocking1 the so-called ideo-muscular welt4 ,q4 ,would you kindly start that paragraph again and read it as it is written8 ,a4 ,it reads here3 8,musculature hypotonic4 ,joints can be extended excessively4 ,calves slightly sensitive to pressure4 ,indication of horizontal welt formations4 ,strong vertical welt formations40 ,up to this point1 that is how it reads in the text2 then in order to explain it1 ,i added that we were concerned with the so-called ideo-muscular welt4 ,further the text continues3 8,reflexes0 with two little crosses1 that is1 they react strongly4 8,abdominal reflexes01 also two little crosses4 8,romberg0 as it says here4 8,babinski negative04 8,left0--here it says 8,leif0 8phenomenon04 ,here on the left1 8phenomenon of ,becher04 8,oppenheim negative04 8,rosselimo negative04 8,bulbous reflex bad04 8,tonus of the bulb of the eye bad04 8,bulbous reflex0 with a little cross--that is positive4 ,interruption4 ,q4 ,now1 ,professor ,beiglboeck1 looking over these stenographic notes in the sentence in the first paragraph1 which will be the third sentence1 which states3 8,he takes little notice of his surroundings01 has an erasure been made in the stenographic notes in that sentence8 ,a4 ,no4 ,i can't see any4 ,q4 ,in place of the word 8little0 which appears in the present text on the back of ,c-#bc1 was there originally a symbol1 stenographic symbol for the word 8no0 and then the word 8no0 was erased and replaced by the word 8little08 ,a4 ,i see here that actually something else had been written there2 probably at the time ,i wrote over it4 ,i don't see anything erased4 ,q4 ,now1 in the sentence in the same paragraph1 the first paragraph1 the fourth sentence where it states3 8,he asks for water only when he awakes from his somnolent condition01 did another word appear in the same place as the character for 8somnolent condition08 ,did another word appear in the same place as the character for 8somnolent0 now appears1 and can you make out whether or not that other character that has been erased was the word 8semiconscious0 and has now been replaced by 8somnolent08 ,i think the original character can be well recognized to read 8semiconscious04 ,a4 ,what is legible under here says3 8,numb04 ,q4 ,after the sentence that ,i have just read3 8,he asks for water--0 ,,presiding ,,judge ,,beals3 ,i did not understand the witness' explanation of that last double reading of the shorthand4 ,what was your explanation1 ,witness8 ,,defendant ,,beiglboeck3 ,the ,german word 8benommen01 numb4 ,q4 ,numb8 ,not unconscious8 ,a4 ,numb4 ,,mr4 ,,hardy3 ,in the first instance1 in the sentence3 8,he takes little notice of his surroundings01 is an erasure noticeable there1 in that the word 8no0 has been replaced by the word 8little08 ,,defendant ,,beiglboeck3 ,something has been written over4 ,q4 ,will you show that to the ,tribunal1 please1 that character that has been written over8 ,would you point that out to them1 ,doctor8 ,point out the character in that sentence3 8,he takes little notice of his surroundings01 and point that out1 this character here 7indicating7 on the second line of characters4 ,,mr4 ,,hardy3 ,here it is1 your ,honor1 the last character on the page4 ,q4 ,now1 would you show the ,tribunal also where the word 8semiconscious0 or 8numb0 appeared and that has also been written over8 ,that is the last character on the third line4 ,a4 ,yes1 here 7indicating74 ,q4 ,now1 after the sentence3 8,he asks for water only when he awakes from his somnolent condition10 which is the fourth stenographic line on the back of chart ,c-#bc1 we notice that an entire line or half line has been erased4 ,this half line had previously contained stenographic symbols but they are now no longer identifiable4 ,is that correct8 ,a4 ,yes4 ,something has been erased here4 ,,mr4 ,,hardy3 ,your ,honors can see the red erasure that has been used to erase that half line of characters2 the impression of the eraser is still obvious there4 ,q4 ,now1 ,professor1 in the sentence in the next paragraph of stenographic notes1 the second sentence reads3 8,the general condition gives no cause for alarm40 ,is that correct8 ,a4 ,yes4 ,q4 ,now1 throughout your writing of these characters1 between each word you usually leave a space to indicate another word1 do you not8 ,that is very clear throughout your transcription4 ,you have left spaces between each character signifying words4 ,is that correct8 ,a4 ,no4 ,it varies4 ,sometimes the words are written closer together1 quite closely1 for example here 7indicating74 ,q4 ,well now1 here in this sentence where it says1 8,the general condition gives no cause for alarm01 the word 8no0--that is1 this character here--does not have the spaces between it that all the other characters on the sheet have1 does it8 ,in fact1 the symbol for 8no0 touches the previous symbol for 8general condition01 leaving no spacing4 ,did you add the word 8no0 at a later date in a different pencil8 ,a4 ,no4 ,i do that quite frequently4 ,when something is written above the line in shorthand ,i raise the adjoining sign as well4 ,q4 ,now1 if you will turn to the sentence in the third paragraph which reads3 8,respiration somewhat flatter1 moderately frequent04 ,the word 8is0 appeared instead of 8somewhat0 originally1 did it not1 before an erasure was made8 ,didn't it read originally 8,respiration is flatter1 moderately frequent08 ,a4 ,it still says so3 8somewhat frequent2 moderately frequent40 ,i wrote that twice4 ,q4 ,well1 now1 how does that sentence read8 ,a4 8,respiration somewhat flatter1 moderately frequent2 respiration #be per minute40 ,q4 ,did the word 8is01 the character for the word 8is01 appear in that sentence before a change was made8 ,a4 ,which word8 ,q4 8,is0--8i-s04 ,a4 ,no4 ,q4 ,can't you clearly see in that sentence that the word 8is0 has been erased and in its place the word 8somewhat0 has been written1 the character 8somewhat08 ,a4 ,no4 ,q4 ,you can't see that4 ,did you look at it through the glass1 ,doctor8 ,a4 ,in shorthand ,i write the word 8is0-- ,q4 ,now1 later in this same sentence1 ,dr4 ,beiglboeck1 after the word 8flatter01 didn't the word 8hardly0 appear originally in place of the word 8moderately08 ,the word 8hardly0 was erased and replaced by 8moderately0 and then crossed out twice4 ,a4 ,here it said 8troublesome04 ,q4 ,it says1 8respiration flatter04 ,it could say 8hardly frequent0 before the changes1 couldn't it8 ,a4 8,hardly moderately0 it says here4 ,that means3 8,hardly moderately frequent04 ,q4 ,has the character been changed at all8 ,a4 ,i said already originally it read 8troublesome04 ,q4 ,have any erasures been made in that sentence8 ,a4 ,it was written over4 ,q4 ,and then crossed out8 ,a4 ,yes4 ,q4 ,what word was written over8 ,is that word there that is written over1 that is now legible1 the word 8moderately0 or is that the word 8hardly08 ,a4 ,it didn't read 8hardly04 ,it read3 8troublesome04 ,q4 ,well1 which character said 8troublesome01 the one that is legible now or the one that has been written over8 ,a4 ,it is legible2 it was 8troublesome04 ,q4 ,well now1 in the sentence which starts out in the eighth paragraph with the words3 8,heartbeats very low1 poorly audible10 in that sentence has a character been erased and another one written over8 ,has the character 8scarcely0 been erased and replaced by 8poorly08 ,i believe the marks of the original symbol for 8scarcely0 can still be clearly distinguished1 can they not8 ,a4 ,yes1 that is correct4 ,q4 ,who made these changes1 ,doctor8 ,did you make them yourself8 ,a4 ,yes1 ,i did4 ,q4 ,when did you make them8 ,a4 ,i am no longer able to tell you exactly when ,i made them4 ,q4 ,did you make them at ,dachau8 ,a4 ,no4 ,q4 ,did you make them in ,nuernberg8 ,a4 ,yes4 ,q4 ,did you erase these shorthand characters that appear on the fourth line here in ,nuernberg8 ,a4 ,yes1 ,i did that too4 99 99 99 99 99 ,q4 ,now1 ,doctor1 you have had the opportunity to think over during the course of last evening your examination yesterday1 and you have told this ,tribunal that these stenographic notes were altered by yourself here in ,nuernberg2 are you prepared to tell this ,tribunal now just why it became necessary for you to alter these stenographic notes8 ,a4 ,i ask permission to be allowed to make the following explanation4 ,i changed these notes before these sheets were handed in1 that is1 after they had been returned from ,professor ,vollhardt4 ,i only made some changes in these stenographic notes1 and then ,i told my defense counsel1 whom ,i had not informed about this--this ,i want to emphasize--,i said to him we should withdraw the weight chart1 because ,i was immediately sorry that ,i had changed something4 ,i originally intended to submit the weight charts of these persons1 because ,i believe from the changed weights alone one can see on the whole how this experiment developed4 ,and then1 when ,i had committed this thoughtless action1 my conscience immediately bothered me1 and ,i told my defense counsel that ,i should not submit it4 ,but ,i want to state that ,i did not make any changes in the rest of the report on the course of the experiments2 that in the urine amounts1 as well as in the temperatures1 and especially in the case of the weights1 they are definitely the original values1 as also in the case of the blood pressure4 ,so in what you see here1 on the front pages of the chart1 nothing has been changed since these charts arrived here4 ,q4 ,could you tell us just what was your reason for changing some of the stenographic notes8 ,a4 ,because a person who does not know the condition of thirst would receive a stronger impression of the condition from the description as it was here than the actual condition really was4 ,q4 ,do you have anything further to say about those alterations1 ,doctor8 ,you may at this time explain to the ,tribunal anything else in connection with those alterations if you wish4 ,a4 ,well1 ,i want to state again that ,i am very sorry that ,i did it4 ,as ,i said1 ,i only intended to submit the charts to show the weights1 and not because of the other results of the medical examinations1 because ,i am of the opinion that from the weight charts one can definitely recognize1 first1 how much weight the experimental subject lost2 secondly1 they reveal unequivocally on which days water was drunk2 thirdly1 they reveal clearly that immediately after the conclusion of the experiment there was a gain in weight in the case of all the experimental subjects2 and1 fourthly1 one sees that when the persons were discharged in most cases they had again reached their original weight4 ,,judge ,,sebring3 ,well1 ,doctor1 how do you explain the fact that names have been erased from many of these charts8 ,,defendant ,,beiglboeck3 ,this erasing of names must have been done before4 ,i did not do that here4 ,i did not change anything on the front pages of these charts4 ,it is possible that this already happened in ,dachau4 ,i can't tell you that4 ,it is possible that ,i erased them later on in ,tarvis4 ,i did not erase them here4 99 99 99 99 99 ,,extracts ,,from ,,the ,,testimony ,,of ,,defense ,,expert ,,witness ,,dr4 ,,franz ,,vollhardt#ec ,,direct ,,examination 99 99 99 99 99 ,,dr4 ,,marx3 ,please1 would you briefly tell the ,tribunal what your scientific activities have been and in what special field you have taken a particularly great interest1 and since when8 ,,witness ,,vollhardt3 ,i am ,professor of ,internal ,medicine at ,frankfurt and predominantly ,i have dealt with the questions of circulation1 metabolism1 blood pressure1 and kidney diseases4 ,q4 ,which are the ,german universities where you have been a lecturer8 ,a4 ,halle and ,frankfurt4 ,q4 ,are you an author of scientific works regarding this special field of activity8 ,a4 ,yes4 ,q4 ,have they been circulated and translated in foreign countries and in foreign languages8 ,a4 ,yes1 they have been translated into ,russian1 behind my back4 ,q4 ,considering the facts you have just stated1 it would be right to say that you have had honors allotted to you in this country and abroad2 so would you please tell the ,tribunal what types of decoration you have received abroad8 ,a4 ,i really have to8 ,q4 ,which foreign academies and foreign societies have you been a member of8 ,professor1 ,i really want you to answer my questions because my questions pursue certain purposes4 ,a4 ,i am ,honorary ,doctor of the ,sorbonne1 ,paris1 of ,goettingen and ,freiburg2 and1 as far as societies are concerned1 there are a lot of them1 ,medical ,society at ,edinburgh1 at ,geneva1 at ,luxembourg4 ,i am an ,honorary ,member of the ,university at ,santiago1 and so on and so forth4 ,q4 ,thank you very much4 ,then ,i would be interested to hear from you whether you had connections with the ,,nsdap and what sort of connections they were and whether the ,party persecuted you in any way4 ,perhaps you might answer the last question first4 ,a4 ,when ,i was lecturing in ,spanish in ,south ,america1 and when ,i was giving a lecture in ,cordoba1 ,argentina1 before a medical congress1 ,i received a telegram to the effect that ,i had been relieved from my office and the reason given was lack of anti-,semitic attitude4 ,q4 ,when was that8 ,a4 #aich4 ,q4 ,and since when have you been reinstated and active again8 ,a4 ,since #aide4 ,q4 ,as a full professor8 ,a4 ,yes1 as full professor for internal medicine at the ,university of ,frankfurt4 ,q4 ,now1 ,professor1 a few questions regarding your own research work4 ,you have dealt particularly with hunger and thirst treatment in the case of kidney diseases4 ,is that correct8 ,a4 ,yes4 ,q4 ,so that you have personal medical and scientific experience regarding the observation of human beings when they undergo hunger and thirst treatment8 ,a4 ,yes4 ,,dr4 ,,marx3 ,mr4 ,president1 before continuing with the examination of this expert witness1 ,i should like to permit myself to make a suggestion4 ,there are two types of possibilities for the examination of ,professor ,vollhardt regarding questions which interest us here4 ,one possibility1 the one which ,i myself consider the correct one1 is that ,professor ,vollhardt should give us a continuous expert opinion regarding the entire complex of questions which are of interest here1 and that at the end ,i would then permit myself to put a few concluding questions to the expert here as1 of course1 any defense counsel and prosecutor is entitled to do1 too4 ,the other possibility would be that ,i put a number of individual questions to the expert which would deal with the subject chronologically and technically from a medical point of view4 ,but1 that would distort the context and would not give as clear a picture of the situation as would the first possibility4 ,i should like therefore1 ,mr4 ,president1 for you to make a decision whether the expert is to give an opinion in the form of a lecture first4 ,,presiding ,,judge ,,beals3 ,if counsel would propound to the witness a hypothetical question covering the basic facts which here are at issue1 and if the witness would answer that hypothetical question without further question from counsel and make his response brief and to the point1 and without enlarging too much upon the fact that salt water is not fit to drink and is injurious1 which the ,tribunal very well knows1 we might proceed as suggested by counsel4 ,the hypothetical question should cover the facts here at issue1 that experiments were tried upon a group of people1 a control group1 a noncontrol group1 and others1 then the witness may answer that question without further interruption by counsel if his answer is1 as ,i said1 brief and not enlarging too much on generalities4 ,,dr4 ,,marx3 ,very well1 ,mr4 ,president4 ,q4 ,now1 ,professor1 have you sufficient insight into the planning and carrying out of the so-called sea-water experiments to give an expert opinion on that subject8 ,,witness ,,vollhardt3 ,yes4 ,q4 ,what documentary evidence did you have8 ,a4 ,i had the original records prepared by ,beiglboeck4 ,q4 ,i shall first of all deal with the character and type of the experiments4 ,are there differences between the character of these sea-water experiments and experiments with artificial infection with malaria and cholera and if there are differences1 what are they8 ,a4 ,you can't compare the two at all1 because in the case of the sea-water experiments you have things so perfectly under control and can interrupt so instantaneously1 and because the experiments take such a short time that the danger of injury could be excluded with absolute certainty4 ,in the case of artificial infection you cannot do that4 ,q4 ,you are saying that in the case of sea-water experiments1 providing they are interrupted in time1 danger to health and body can be avoided with certainty or bordering on certainty4 ,a4 ,not the latter4 ,i said with absolute certainty4 ,q4 ,i shall now come to the planning of these experiments4 ,i suppose you know of the meeting of #be ,may #aidd1 which was decisive for the planning of the experiments4 ,did the presence of ,professors ,eppinger and ,heubner guarantee the purely scientific and medically proper treatment of the problem8 ,a4 ,undoubtedly it did4 ,professor ,heubner is a leading scientist and an extremely critical person1 and ,professor ,eppinger was one of the leading clinicians in the world and a most outstanding expert1 and ,i assume both of these gentlemen had reasons for allowing these experiments to be carried out1 presumably in order to strengthen the medical men1 vis-a-vis1 the technicians4 ,secondly1 ,eppinger's idea apparently was that under such stringent experimental conditions1 the kidney would suffer to an unusual degree and that ,berkatit1 which contains vitamins1 might assist the work of the kidney4 ,q4 ,professor1 what is your opinion about the individual experimental groups8 ,a4 ,i think that scientifically speaking the planning was excellent and ,i have no objection to the entire plan4 ,it was good to add a hunger-and-thirst group because we know by experience that thirst can be borne less well than hunger1 and if people are suffering from hunger and thirst too1 they do not suffer from hunger1 but do suffer from thirst2 and that resembles what shipwrecked persons would be subjected to because they only suffer from thirst4 ,it was excellent that ,wofatit was to be introduced into the experiments too1 although it was expected from the beginning that this wonderful discovery would show its value4 ,it turned out that groups given sea-water treated according to the ,schaefer method reacted similarly to a group that was subjected to a reasonable hunger treatment and did not suffer any great discomfort4 ,in the hunger treatment of #ab1 or1 we should say #h days1 because the people still ate during the first #d days1 that is a minor affair1 and we carry that out innumerable times for medical reasons4 ,there exists a sanitarium where people are made to go without food for #d weeks1 and as long as they get water in the shape of fruit juice1 they still carry on well and often with enthusiasm4 ,group #b was ,schaefer's group1 groups #c and #d were the groups that received #ejj cc4 of sea-water1 once without and once with ,wofatit4 ,group #c was the one which drank #a1jjj cc4 of sea-water4 ,that one could only use volunteers for this group is an obvious fact1 since the cooperation of the experimental subject is indispensable2 without his good will such an experimental arrangement is impossible4 ,that sufficient volunteers could be found for a case was a matter of course1 since a period of #aj days of excellent food before and after the experiment was before them1 and since one could assure them with the best of confidence that there would not and could not be any danger4 ,q4 ,we will come to that1 ,professor4 ,you have just started to speak about food1 nourishment4 ,what is your opinion about the food before1 during1 and after the actual experiments8 ,a4 ,well1 before the experiments it was splendid4 ,during the experiments it was meager1 corresponding to that of shipwrecked persons and afterwards quite excellent4 ,in my opinion during such brief experiments nourishment doesn't play any part4 ,,mr4 ,,hardy3 ,may it please the ,tribunal1 might ,i inquire whether the witness is now testifying to facts as he has ascertained them from studying graphs and charts made by ,professor ,beiglboeck or is he testifying from hearsay that food was given to these inmates1 or what is the basis of his knowledge that he is eliciting here8 ,a4 ,i was giving my testimony based on the records which ,i have studied4 ,,mr4 ,,hardy3 ,thank you4 ,a4 ,but ,i don't attach any importance to the meager food served during the experiments because that is an insignificant point which as ,i have said we have allotted to others many times4 ,,presiding ,,judge ,,beals3 ,witness1 when you referred to this examination of the records1 state briefly just what records you examined4 ,a4 ,the original records4 99 99 99 99 99 ,,dr4 ,,marx3 ,professor1 how do you judge the individual examinations carried out by ,professor ,beiglboeck8 ,were they adequate for the solution of the practical question whether ,berkatit was sufficiently useful and preferable to thirst treatment1 and was it sufficient to judge the daily condition of the experimental subjects so that the right time to interrupt the experiments could be ascertained8 ,did you get my question8 ,a4 ,yes4 ,i got it4 ,i thought that the arrangement of these experiments was splendid from the scientific point of view1 and ,beiglboeck apparently devoted himself with tremendous industry and great responsibility to carrying out of these experiments which he had been ordered to do4 ,q4 ,would it be right to say that a personality such as ,beiglboeck1 as a professor of internal medicine and chief medical officer at a clinic for many years on the basis of daily examinations and through his personal consideration and examination of the experimental subject1 would be in a position to recognize any threat to the health of the person before such a threat could actually become serious8 ,a4 ,that was a matter of course4 ,beiglboeck is an excellent internal medical man and the great care with which he carried out these experiments shows that he was fully conscious of his responsibility4 ,only1 it's hard to imagine that1 during such brief experiments1 serious damage could have occurred at all4 99 99 99 99 99 ,q4 ,professor1 a little earlier you briefly dealt with the question of starving1 of hunger or of thirst for the purpose of treatment1 and ,i now want to ask you whether the administration of hunger and thirst cures of several days is a medically recognized fact1 and also how long would you consider that hunger and thirst with complete refusal of food and liquid could take place without putting someone's health in jeopardy8 ,a4 ,it depends who it is4 ,initially1 ,i recommended hunger and thirst treatment in the case of acute inflammation of the kidneys1 but there people have a great deal of water in their system and the water is absorbed during such a cure4 ,astonishing as it may seem1 a cure is effected very rapidly4 ,in such cases1 three1 five1 seven1 and even more days of hunger are employed4 ,in other cases1 where no water surplus is in existence1 we would only apply #f days of hunger treatment4 ,during the time when ,i had to be interested in these particular experiments1 there were four women in my clinic1 all of whom were there because of high blood pressure4 ,they were aged #ej1 #ea1 #ec1 and #fc years4 ,one had a blood pressure of #baj_/ajj1 and #f days later it had been reduced to #agj_/ajj4 ,the third had a blood pressure of #bhj_/afj and #f days later it dropped to #ahj_/ajj4 ,the loss of weight amounted to #c or #d kilograms and the patients naturally1 during those days1 suffered from thirst and felt weak at the end of the sixth day1 but they were so happy about the improved condition that they considered the unpleasantness of the recent days as being worth forgetting4 ,q4 ,is it correct that when water is withdrawn1 nourishment should also be withdrawn8 ,a4 ,it's easier to suffer thirst when you are also hungry because the supply of nourishment makes claims upon the kidneys and1 if you exclude salt in the nourishment1 the water loses further humidity4 ,thus1 appetite disappears when you are thirsty4 ,therefore1 it is definitely better to be hungry and thirsty simultaneously4 ,q4 ,professor1 is it right to observe the individual doses in order to prevent diarrhea1 and1 if individual quantities of less than #cjj cc4 are admitted1 can you prevent diarrhea8 ,a4 ,in the case of sea and bitter water you only suffer from diarrhea if you drink a large quantity at once4 ,if you distribute it over a day you suffer from constipation4 ,q4 ,yes1 but you didn't quite answer my question4 ,i inquired about the individual doses4 ,a4 ,yes1 well1 ,i'm trying to say that if you spread it out over a day1 giving smaller individual doses instead of giving it all at once1 then there isn't any danger of diarrhea4 ,q4 ,can you describe sea-water as poisonous at all8 ,a4 ,absolutely not4 ,there is a trend towards treatment with sea-water which is increasing1 and people drink half a liter of sea-water every day for weeks4 ,there can't be any question of any poisonous quality4 ,in fact1 people say they feel splendid4 ,the only difference is that in the case of such cures fresh water is administered1 too1 in the manner of tea1 coffee1 and soup1 so that the dehydrating effect of the sea-water is counteracted4 ,q4 ,professor1 ,i wonder if you would speak a little more slowly and make a pause after individual answers in order to enable the interpreters to follow4 ,has there been an experiment during which a dose of #ejj to #a1jjj cc4 of sea-water daily was taken and is it to be described as dangerous1 providing the experiment is discontinued as soon as there is a threat of danger to health8 ,a4 ,there can't be any question of there being any danger to health during the first few days4 ,the only question is1 how long can the body stand up to this continued deprivation of humidity8 ,sea-water has a three-percent salt water content4 ,generally speaking1 at least so far1 we have assumed that the kidneys cannot deal with such a salt concentration4 ,this means that salt will remain in the system1 collecting water from the tissues4 ,in the beginning1 this is of no importance1 but after #f or #g or #h days1 this becomes unpleasant and it is to be expected that after the twelfth day there is some danger4 ,there have been cases of sea rescue when even #ag or more days afterwards recovery was achieved1 but ,i would say that ,i would never dare to continue such an experiment beyond the twelfth day1 and in this case with which we are concerned1 all experiments were discontinued after the sixth day1 so that danger to health during that period was out of the question4 ,q4 ,could the aim of these experiments have been achieved with a semipermeable membrane8 ,a4 ,i don't understand how one can imagine this4 ,what we are concerned with is the question of how long the human body can survive without water and under the excess quantity of salt4 ,now1 that is subject to the water content of the body and it depends first of all1 upon whether water is only used by the intermediary tissues or whether the cell liquid too is being used up4 ,in the latter case1 there is a danger which becomes apparent through excess potassium quantities1 and this was also continuously observed and checked during such experiments1 and there were no excess potassium quantities such as can be expected after #f days4 ,q4 ,nor would it be right to say that these experiments were not planned scientifically and medically1 is that correct8 ,a4 ,absolutely not4 ,q4 ,could they have been planned differently8 ,a4 ,i couldn't imagine how4 ,q4 ,were these experiments in the interests of active warfare1 or in the interests of the care of shipwrecked sailors or soldiers8 ,a4 ,the latter4 ,q4 ,in other words1 for aviators and sailors who were shipwrecked or might be shipwrecked8 ,a4 ,towards the end of the war there was an increase in the number of pilots shot down as well as of shipwrecked personnel1 and it was1 therefore1 the duty of the hygiene department concerned to consider the question of how one could best deal with such cases of shipwrecked personnel2 that was the reason for this conference4 ,previously ,schaefer1 as we heard yesterday1 had recommended that no liquid should be taken4 ,when1 together with ,i4 ,g4 ,farben1 he succeeded in eliminating salt and bitter salt from sea-water through ,wofatit1 the problem was really solved scientifically4 ,there were1 however1 considerable technical difficulties1 and it isn't exactly simple to equip each flier with so much ,wofatit in addition to everything else he has to carry in order to protect him against the danger of shipwreck4 ,that is no doubt why ,eppinger and ,heubner were in favor of the experiment1 and it was unfortunate that ,mr4 ,berka appeared with ,berkatit at the same time1 and impressed the technicians because his method was more simple and cheaper4 ,q4 ,professor1 was there any reason to expect symptoms of injury which might appear later than #aj days after the end of the experiment8 ,a4 ,it was entirely out of the question1 even after the seventh day4 ,later injury is out of the question1 because the duration of the experiments is too short4 ,q4 ,to what do you attribute the loss of weight during such experiments8 ,a4 ,that is almost entirely the loss of water4 ,as ,i have already told you1 the excess salt supply in the body deprived the body of water4 ,the body must have a supply of water if it is to supply salt4 ,in other words1 if the body is not receiving any other water than sea-water1 an attack on the water held by the body must take place1 and therefore loss of weight is bound to occur which1 however1 can be made up very quickly4 ,q4 ,what would you say was to be expected in the way of the loss of substance of the body and how much loss of water8 ,a4 ,i would say the bulk is the loss of water1 but to split this up is something ,i consider impossible to do with certainty4 ,you might possibly compare just how much was lost during the time applied by ,schaefer when there was considerable hunger and how much was lost in the case of ,berka4 ,q4 ,does the speed with which the loss of water takes place play an important part8 ,a4 ,yes1 of course1 a tremendous part4 ,the colored nostras is a well-known example1 during which disease the most tremendous loss of water and salt takes place during #bd hours4 ,i knew a case where #aj liters of water and #aej grams of salt had to be added intravenously through the veins1 the skin1 and through the stomach in order to save the life of a person suffering from such an acute loss of water4 ,if1 on the other hand1 this is spread out over a period of days and if you do not have to expect such a dangerous loss of salt1 then the body can stand up to it for a much longer period4 ,i might perhaps add that the loss of salt is just as dangerous as excess quantities of salt1 and also in the event of the loss of salt which is always connected with loss of water1 considerable losses of weight are suffered4 ,it is well known that an expedition on the mountain ,monte ,rose lost #e kilograms of salt and water in weight1 and that the weight could not be replaced in spite of the addition of water when salt was also added4 ,q4 ,professor1 according to the documents at your disposal were these experiments sufficiently well prepared8 ,a4 ,it was my impression that they were extremely well prepared1 and ,i was particularly impressed by the fact that ,beiglboeck had sufficiently examined the participants carefully and had considered the use of three of them to be unsuitable since he found a defect of the lungs4 ,q4 ,i also want to deal with such preparations-- ,,mr4 ,,mchaney3 ,i do not think by any stretch of the imagination this witness can testify from the records that ,beiglboeck conducted an examination or rejected three experimental subjects4 ,in my opinion it does not appear from the records1 and he can only testify what ,beiglboeck told him4 ,unless he can say it does appear in the records1 ,i think it should be stricken4 ,,presiding ,,judge ,,beals3 ,counsel has an opportunity of cross-examining the witness at the close of his testimony4 ,,dr4 ,,marx3 ,professor1 would you not say that regulations for these experiments also mean that certain experiments1 such as experiments on one's self and animal experiments1 printed regulations1 if you like1 must have been in existence or was that true of this case8 ,a4 ,yes1 a report from ,beiglboeck about an experiment carried out upon himself is in existence which describes most efficiently the condition in which he found himself during a sea-water experiment1 and this description tallies to the highest possible degree with what my volunteers who submitted themselves to these experiments described4 ,i might deal with that later4 ,q4 ,what opinion do you have regarding the experiments which were carried out by ,sirany in ,vienna8 ,a4 ,there appeared to me to be a lack of critical attitude4 ,i think ,schaefer had the same impression yesterday4 ,q4 ,are symptoms recognizable regarding the planning of these experiments which would go beyond the absolutely essential practical purposes and which would lead to considerable pains or painful feelings or might have led to that8 ,a4 ,of course it isn't fun to be thirsty1 and that is the major complaint in these cases4 ,these people are increasingly thirsty1 and they are disappointed to find that drinking sea-water doesn't decrease but increases their thirst1 and towards the end of the experiments there are disturbances of the muscles1 and the temper doesn't exactly improve4 ,it is the same in the salt water experiments where there are cramps of the calf because of the lack of water1 but the characteristics of that are that these symptoms disappear instantaneously at the very moment when the first glass of water is drunk4 ,q4 ,would you consider it possible that disturbances of the nerve end might appear8 ,temperature8 ,a4 ,temperature doesn't happen at all1 and ,i can't imagine there being disturbances of the nervous system at all4 ,q4 ,how about fits8 ,a4 ,in the case of insane people there may appear insane fits1 maybe1 but not in the case of normal human beings4 ,q4 ,if you yourself had been placed in this position1 and considering your attitude toward medical ethics1 would you have objected to carrying out the same type of experiment as was carried out here1 if healthy1 strong1 young men had been at your disposal8 ,a4 ,i actually did it4 ,since ,i was interested in connection with sea-water experiments1 ,i called for volunteers among my young doctors1 and five of them volunteered1 among them my youngest son1 and they drank synthetic sea-water1 having the exact salt content of real sea-water1 drinking up to #ejj cc42 they got a little food1 because they were to continue on duty during the experiment4 ,the loss of weight varied and was around one kilogram a day4 ,at the end of the experiment1 my son was pretty thin1 but after having a cup of tea was fine4 ,two days later he had regained his lost weight fully4 ,all five participants described the experiment in the same way as ,beiglboeck described the experiment carried out on himself4 ,four of these subjects interrupted the experiment after #e days4 ,one carried it out for #f days1 and apart from continuous thirst1 he had no complaints4 ,any serious disturbance or damage is out of the question1 and the extraordinary fact was the speed with which all symptoms of thirst disappeared after water had been taken4 ,q4 ,now1 ,professor1 the experiments we were talking about2 did they have a practical valuable aim and did they show a corresponding result8 ,a4 ,yes1 that is correct4 ,for instance an important observation was made which ,eppinger had expected2 he wanted to see if the kidneys did concentrate salt under such extreme conditions to an even higher extent than one expected previously4 ,one thought that it would be something like #b4j percent but #b4f or #b4g percent and record figures of #c4j1 #c4e1 #c4f1 and #d percent are shown1 so that the fortunate man who is in a position to concentrate #c4f percent or #d percent of salt would be able to live on sea-water for quite a long period4 ,,presiding ,,judge ,,beals3 ,witness1 after a question is propounded to you by your counsel1 would you pause a moment before giving your answer so that the question may be translated and conveyed and when you begin to make your answer1 would you speak a little more slowly8 ,a4 ,finally1 one unsuspected fact was shown which may be connected with this1 and that is that the drinking of small quantities of sea-water up to #ejj cc4 given over a lengthy period turned out to be better than unalleviated thirst4 ,,dr4 ,,marx3 ,what do you think of ,wofatit generally8 ,a4 ,it is a wonderful thing4 ,q4 ,is it correct to say that sea-water really assumes the character of drinking water through it8 ,a4 ,yes1 the only difficulty would appear to be to obtain the drug in sufficiently large quantities for a man who is shipwrecked and did not have his luggage2 but it is a wonderful discovery4 ,q4 ,so1 you think that the result of these experiments is not only of importance in wartime1 but is also of importance for the problems of seafaring nations8 ,a4 ,quite right1 it is a wonderful thing for all sea-faring nations4 ,q4 ,so that both the experiments with ,wofatit1 as well as the experiments made regarding the symptoms when such a drink was not available1 were important to show1 for instance1 the result of the consumption of sea-water in certain given doses4 ,a4 ,that is quite correct4 ,q4 ,that was only discovered by these experiments8 ,a4 ,quite correct4 99 99 99 99 99 ,,cross-,,examination 99 99 99 99 99 ,,mr4 ,,hardy3 ,on what precisely is your testimony with respect to the experiments by ,beiglboeck based8 ,,witness ,,vollhardt3 ,on the records and the descriptions that ,beiglboeck gave of the experiments4 ,q4 ,precisely what records have you seen of these experiments8 ,a4 ,the records that the defense counsel had in his hand yesterday or today4 ,q4 ,doctor1 ,i will have passed up to you a set of records which are numbered from #a to #dd in red pencil1 and ,i ask you1 did you have those records before you and did you make a study of them8 ,a4 ,yes1 ,i had these records1 and ,i asked one of my collaborators who took part in these experiments to read through these records and to make excerpts from them4 ,he happens to be here also4 ,q4 ,who was this collaborator8 ,a4 ,one of my assistants by the name of ,werner4 ,he is in the audience at the moment4 ,q4 ,you said something about his having participated in experiments2 you don't mean the ,dachau experiments1 do you8 ,a4 ,no4 ,in experiments that ,i carried out with my students4 ,q4 ,did you personally examine these records at all8 ,a4 ,i saw them1 but ,i didn't study every one of them4 ,i left that up to the young man4 ,q4 ,and what did the young man do8 ,a4 ,he gave me a very exhaustive report on them4 99 99 99 99 99 ,q4 ,your testimony1 then1 is based upon a summary made by your assistant1 is that correct8 ,a4 ,yes4 ,that is so4 ,q4 ,now what other records were made available to you upon which your testimony is based here8 ,a4 ,the charts that were filled out in pencil with figures4 99 99 99 99 99 ,q4 ,now1 were there any other records that you got which we have not heard about1 on which your testimony here is based8 ,a4 ,i cannot say at the moment4 ,i would have to confer with-- ,q4 ,i believe that the defense had reports by ,becker-,freyseng and by ,beiglboeck8 ,a4 ,these were reports on the whole development of the question4 ,q4 ,well1 ,professor1 what sort of reports were they8 ,we have not seen them1 you know1 and we would like to know on what you are basing your opinion before this ,tribunal4 ,a4 ,descriptions of the whole course that the matter took regarding the conference1 how the decision was reached1 how the experiments were planned1 and then ,beiglboeck's report on his own experiments on himself1 which is a very careful description and corresponds exactly to what my subjects experienced when they carried out experiments on themselves4 ,q4 ,did you read and study these experiments carried out by ,becker-,freyseng and ,beiglboeck8 ,a4 ,of course4 ,q4 ,and they influenced your testimony before this ,tribunal2 you relied on them in making your testimony here8 ,a4 ,from these ,i had an idea of the situation as a whole2 in order to form my own opinion ,i performed experiments myself4 ,q4 ,and your testimony here is based in part upon the reports made by ,becker-,freyseng and ,beiglboeck2 that is true1 isn't it1 ,doctor8 ,a4 ,yes4 ,q4 ,and these records made by ,becker-,freyseng and ,beiglboeck were not contemporaneous records of these experiments1 were they1 ,professor8 ,a4 ,i don't believe so4 ,q4 ,they were1 rather1 essays or reports which they have written up since their arrest and incarceration2 isn't that true1 ,professor8 ,a4 ,that is very possible4 ,q4 ,how old a man is this assistant of yours1 ,professor8 ,a4 ,twenty-six4 ,q4 ,twenty-six years old8 ,a4 ,twenty-seven4 ,q4 ,twenty-seven years old2 has he studied medicine8 ,a4 ,of course4 ,q4 ,where did he study8 ,a4 ,heidelberg4 ,q4 ,herr ,professor1 ,i will ask you to testify from your own memory1 and if the defense counsel wishes to put your assistant on the stand1 they are privileged to do so2 but ,i am interested primarily in knowing what you know about your assistant4 ,now1 you did not know he studied at ,heidelberg until he told you just now8 ,a4 ,i have #dj to #ej young men at the clinic1 and it is impossible for me to know of each one where he studied1 but ,i made his acquaintance at the clinic4 ,he is a very industrious and intelligent person and for that reason ,i asked him to do this work and take some work off my shoulders4 ,q4 ,how long has he been working with you8 ,a4 ,more than a year4 ,q4 ,working with you about a year1 and since that time you have conducted these sea-water experiments yourself8 ,a4 ,we carried them out shortly before ,shrove ,tuesday4 ,q4 ,of #aidg8 ,a4 ,yes1 this year4 ,q4 ,how did you happen to carry out these experiments2 were you requested to do so by defense counsel8 ,a4 ,no4 ,i had been asked very often to interest myself in this matter1 and ,i was interested to see for myself the effect of sea-water on the experimental subjects4 ,this was interesting to me because ,i already had considerable experience in the field of hunger and thirst4 ,q4 ,were you approached at all with respect to this case before the time you started these sea-water experiments8 ,a4 ,yes1 that is why ,i started to interest myself in the matter1 because ,i was asked to appear here as a witness1 but ,i carried out these experiments entirely spontaneously1 without outside interference and for my own interest4 ,q4 ,but the fact that you were approached to come here and testify influenced your decision to carry out these experiments1 is that right8 ,a4 ,of course1 of course4 ,q4 ,and did you make any effort to have these experiments coincide with the conditions which you were told existed in the ,dachau experiments8 ,a4 ,yes1 we made only one distinction in this1 namely1 that the experimental subjects received roughly #a1fjj calories a day1 because they were not to interrupt their work4 ,to be sure1 as the experiment went on they ate less and less of the #a1fjj calories1 because thirst made them lose their appetite4 99 99 99 99 99 ,q4 ,now how many experimental subjects did you use in your experiments8 ,a4 ,five of them4 ,q4 ,and you say that they were volunteers1 your assistants1 is that right8 ,a4 ,yes1 they were all doctors1 volunteers1 and1 as ,i said1 also included my youngest son who also happens to be here4 ,q4 ,and precisely what happened during these experiments8 ,a4 ,these persons were assembled in one room1 received the same amount of salt each and more or less continued their work4 ,they drank #ejj cc4 of sea-water1 and one of them drank #a1jjj1 and they stuck pretty closely to the provisions set down for the experiment4 ,q4 ,you say four of them drank #ejj cc4 of sea-water per day and the fifth one drank #a1jjj cubic centimeters of sea-water8 ,a4 ,the fifth drank on one day1 on the last day ,i think1 an additional #ejj cc4 because he was very thirsty4 ,q4 ,when did you start the experiments8 ,a4 ,on the ,monday before the beginning of ,lent4 ,q4 ,and how long did they run8 ,a4 ,as ,i said1 four broke off the experiment after four days because of the carnival season and one of them stuck it out for six4 ,q4 ,well1 you spoke of four days1 do you know how many hours they were under the experiments8 ,a4 ,five times twenty-four in general and the other one six times twenty-four4 ,q4 ,well1 ,i misunderstood you1 or else your testimony has changed2 you said four of the students stayed on the experiments for four days and one went on for six days4 ,is that right8 ,a4 ,no1 four did it for five days1 four broke off at the end of the fifth day1 and one stayed until the end of the sixth day4 ,q4 ,and you are prepared to testify it was five times twenty-four1 is that right1 #fj hours sic8 ,a4 ,i would have to check on that for sure in the record1 whether it was five times twenty-four or four times twenty-four1 or sixteen or eighteen4 ,those things didn't seem very important to me4 ,i was interested primarily in seeing how greatly the persons suffered under the experiments1 but the man who did it for six days did do it for six times twenty-four hours4 ,however1 ,i don't want to make a statement for certain under oath regarding the number of hours4 ,q4 ,well this little experiment conducted by you1 as ,i take it1 had as its purpose to find out how much a man suffers1 is that right8 ,a4 ,yes4 ,q4 ,you didn't know that before you conducted this experiment1 is that right8 ,a4 ,i assumed that they would be very thirsty1 but ,i wanted to see what the subjective sensations or feelings of the experimental subjects were4 ,what was most important to me was to know whether these experiments could be characterized as cruel or inhumane or brutal1 and if they were experiments which led to a pretty strong sense of discomfort1 namely1 thirst1 but did not do any damage to health1 that is what ,i wanted to know4 ,q4 ,and your testimony before this ,tribunal is based upon those experiments2 is that right8 ,a4 ,no1 on both1 of course1 both on those carried out by ,beiglboeck and on my own4 ,q4 ,well1 your judgment was also influenced by what ,beiglboeck told you about how much the experimental subjects suffered1 is that right8 ,a4 ,beiglboeck drew up his own report on his own experiment on himself and a general report on whatever complaints the subjects uttered4 ,q4 ,what is the experiment that ,beiglboeck conducted by himself8 ,you mean he has been undergoing an experiment back in the prison8 ,a4 ,no1 before the experiments began1 he carried out a sea-water experiment on himself4 ,q4 ,where did these experimental subjects of yours stay during this experiment8 ,i seem to recall you said they continued their work or something of that sort4 ,a4 ,they all stayed in one room where they ate and slept1 and this was done to make the conduct of the experiment easier1 as they were to receive special rations4 ,q4 ,well1 now all five experimental subjects were in one room during the whole course of the experiment1 is that right8 ,a4 ,yes4 ,q4 ,and what did they do8 ,a4 ,they went from this room to wherever they had to work1 but they returned to the room for sleeping and eating4 ,q4 ,well1 ,doctor1 we are having great difficulty in really getting a clear picture about how this experiment went on4 ,now you mean to say they carried on their work about the clinic8 ,they didn't stay in this room the whole time1 is that right8 ,a4 ,yes4 ,q4 ,they actually only ate in the room and slept in the room2 is that right8 ,a4 ,that is correct4 ,q4 ,did they leave the clinic at all8 ,a4 ,i believe that they did not during those days4 ,q4 ,but you don't know8 ,a4 ,i can't swear to it4 ,q4 ,you can't swear that they didn't go to a local cinema during the course of the experiments for example8 ,a4 ,no1 ,i can't swear to that4 ,i just don't know4 ,q4 ,in other words1 they had their normal daily life available to them during these experiments8 ,a4 ,they carried on their daily work and in this case it is perfectly certain that they did not drink any fresh water4 ,they knew perfectly well what the point of the experiment was4 ,q4 ,how much food did they get1 again8 ,a4 #a1fjj calories4 ,q4 ,and do you know what the food was8 ,a4 ,yes1 that is also in the record4 ,it was meat1 fat1 and what not1 but ,i can't tell you that from memory4 ,however1 ,i could give you the record in writing4 ,q4 ,in what record8 ,have we any record on these experiments8 ,a4 ,yes4 ,there was a record4 ,q4 ,now1 they got absolutely no fresh water during the course of the experiments1 is that right8 ,a4 ,no4 ,q4 ,did they get any other water or fluid other than salt water8 ,a4 ,no1 that was the whole purpose1 that they should receive no other fluid and that is why they lost their appetite later4 ,q4 ,they got no milk and no fruit juices8 ,a4 ,no1 no1 that would have violated the whole experiment1 and then they would not have lost so much weight4 ,q4 ,i can appreciate that1 ,professor4 ,where did you get the sea-water that these experimental subjects drank8 ,a4 ,we manufactured it carefully in the chemical laboratory according to a chemical analysis of sea-water that can be found in many text books4 ,i have a chemist who was in charge of the laboratory and he made this sea-water according to the formula4 ,we couldn't get any natural sea-water for this experiment4 99 99 99 99 99 ,q4 ,now1 you didn't keep any of your experimental subjects without any water whatever1 did you8 ,a4 ,five hundred cc4 of sea-water was the liquid they received4 ,q4 ,well1 were there not some experimental subjects at ,dachau who did not get any water at all1 sea-water or otherwise8 ,a4 ,yes1 the first group fasted and thirsted4 ,i have already spoken about that and said that thirst can more easily be tolerated if one is fasting at the same time1 so that the kidney has as little as possible to do2 thus the body is able to retain more water4 ,q4 ,but you can't testify to the ,tribunal about what pain and suffering those experimental subjects were subjected to1 can you8 ,you didn't run any similar experiments yourself8 ,a4 ,i do not understand you4 ,i carried out these experiments to know what sort of suffering the experimental subjects went through4 ,q4 ,but you didn't carry out one where a man fasted for #e or #f days without either food or water4 ,they did carry out such an experiment in ,dachau4 ,so you have no basis to testify about pain and suffering to which that group of experimental subjects were subjected1 do you8 ,a4 ,i mentioned that at the same time ,i was having four women fast and thirst who had come to the clinic with very high blood pressure and for six whole days these women fasted and thirsted4 ,this so improved their condition that they consequently forgot the unpleasantness involved in the fasting and thirsting4 ,i also mentioned among them one woman who weighed only #ea4g kilo1 and who lost #c4 ,however1 her blood pressure went down from #bde_/abe to #ahe_/ajj4 ,i carried out such experiments almost daily in the clinic4 ,that is done by the hundred4 ,and1 in the case of persons with kidney disease1 that is the accepted method so that during the war people from the fronts went through thousands of such hunger and thirst cures4 ,i didn't have to have any control experiment in this2 that was furnished daily by the clinic4 ,q4 ,and these women went without food and water for #d days8 ,a4 ,six days without food and water4 ,q4 ,and what was the result on them aside from their blood pressure8 ,did they suffer much pain8 ,a4 ,there is no question of pain in such cases4 ,they simply felt thirst4 ,strangely enough they do not complain of being hungry4 ,the body water that still remains is enough to keep the body metabolism supplied with the necessary chemicals4 ,however1 there is a lack of sodium nitrate in the body which1 however1 can be overcome by giving sodium nitrate4 ,they never complain about hunger1 only thirst4 ,sometimes they complain of a feeling of weakness but fasting for #f days is nothing very special4 ,as ,i said1 some people carry out hunger cures for #d weeks4 ,to be sure1 they drink fruit juice during such a long cure4 ,we also make use of it for therapeutic purposes4 ,they will receive fruit juice but that is by no means so unpleasant as an #h-;day long hunger and thirst cure4 ,q4 ,and you gave them no compensation for going without food and water whatever8 ,you gave them no injections of any sort8 ,a4 ,no1 no4 ,my whole purpose is to eliminate from the body all the unnecessary fluids in the blood so that the blood pressure will drop4 ,i gradually bring these people over to a form of nourishment without any salt4 ,q4 ,now you say that four out of five of your experimental subjects broke off on the fifth day8 ,a4 ,yes4 ,for external reasons only1 not because they could no longer tolerate it4 ,it just happened that four of the men had dates on the #eth day1 but the #eth one stayed on until the sixth day and ,i asked him specifically whether he felt particularly tortured or in pain and he said no4 ,he said that with the first drink of water he took all unpleasantness and discomfort vanished4 ,i observed my son myself4 ,as soon as he drank a cup of tea1 he was perfectly all right and #b days after the experiment he had recovered all the weight he had lost4 ,he had lost roughly one kilo a day4 ,q4 ,you say these four men had a date on the #eth4 ,you mean they had an engagement with a young lady8 ,a4 ,i do not know what details were planned for the carnival celebration4 ,i could simply draw the regrettable conclusion that their interest in the carnival was a little greater than their interest in the experiment4 ,but this does indicate that the experiments did not have a very deleterious effect on them1 otherwise they could not have gone to the carnival and enjoyed it4 ,q4 ,well1 it might also indicate that they didn't regard the experiments as being very serious and that1 even though several men in this dock are quite interested in the results of this particular experiment1 your four young assistants didn't regard it as serious enough to refrain from going out on a date4 ,isn't that about the size of it8 ,a4 ,i can't deny that4 ,i wasn't too pleased by their behavior4 ,q4 ,were these men informed of the seriousness of this undertaking8 ,a4 ,no4 ,q4 ,and what reason did you advance to them for undergoing the experiments8 ,a4 ,of course1 ,i told them1 and they knew1 that such sea-water experiments were an issue1 but ,i was perfectly convinced that these experiments could by no means be called inhumane or brutal and consequently we didn't approach the experiments in too tragic a manner4 ,all we wanted to know was how unpleasant such an experiment was4 99 99 99 99 99 ,,examination ,,by ,,the ,,tribunal ,,presiding ,,judge ,,beals3 ,professor1 these subjects upon whom you conducted an experiment in your institute were very excellent subjects for such an experiment1 were they not8 ,,witness ,,vollhardt3 ,they were characterized by the fact that they were medical men who understood the meaning of the experiment and that ,i could rely on them4 ,physically1 they certainly were no better-conditioned1 according to the photographs at least1 than those rather well nourished experimental subjects4 ,q4 ,i was not thinking so much of their physical condition1 but they were men who were interested in this work1 were they not8 ,a4 ,yes4 ,q4 ,the results of the experiment--each upon himself and upon each of his associates--would be interesting to each one1 would it not8 ,is that not true8 ,a4 ,i would assume so1 yes4 ,q4 ,each one was entirely controlling his own participation in the experiment1 was he not8 ,a4 ,yes4 ,q4 ,if1 at any time1 any one of the subjects felt that the conditions which he was undergoing in the experiment were becoming too heavy for him1 he would have been released from further participation upon his request1 would he not8 ,a4 ,no doubt he would have reported and he would have said1 8,i want to step out4 ,this is too much for me40 ,q4 ,that's what ,i meant4 ,he would have asked to be released and he would have been immediately released8 ,well1 is it or is it not a fact that a human being will voluntarily undergo hunger1 thirst1 pain1 discomfort1 and stand it better when he knows that he is doing it under his own volition with a scientific objective1 than a person of equal physical condition will stand such an experiment when1 insofar as he is concerned1 he has no personal interest whatsoever8 ,a4 ,no doubt that is correct1 and ,i am perfectly convinced that ,professor ,eppinger tried everything he could in order to obtain such volunteers4 ,he was most uncomfortable about the fact that these experiments were carried out in ,dachau4 ,he would much rather have seen them carried out in ,vienna on his own students but1 at that time1 there weren't any students any more4 ,they had all been called up1 and medical officers were very scarce so that there was no question of obtaining volunteers4 ,hence1 in this very tense and difficult time1 no subjects could be found1 to carry out such a series of experiments as was planned here1 in a hospital or clinic of any kind4 ,it would have been better1 more practical and more sensible1 by all means1 if the experiments had been carried out at that time upon medical students1 but1 unfortunately1 that was impossible4 ,q4 ,you prefaced your statement1 ,doctor1 by saying that ,dr4 ,eppinger had this sentiment4 ,how do you know that8 ,a4 ,because1 during the conference1 it was mostly ,professor ,eppinger who was in favor of these experiments being made and1 since ,professor ,eppinger had earmarked his favorite pupil1 ,beiglboeck1 for the carrying out of these experiments1 it is a matter of course that ,eppinger would have liked nothing better than that these experiments should be carried out under his own control in ,vienna4 ,q4 ,you are assuming that ,eppinger would have felt as you would have felt under similar circumstances1 is that correct8 ,a4 ,i know that all those who were interested in these experiments were making efforts to find places where these experiments could be carried out in a military hospital on soldiers or convalescent patients or other persons1 but1 unfortunately1 everything turned out to be impossible4 ,you can only imagine the situation if you know how every hospital bed and every doctor was being utilized in this time4 ,that was the final period of the war4 ,q4 ,you prefaced this last statement by saying1 8,i know40 ,now1 how do you know8 ,by any other method than assuming that these gentlemen would have felt as you felt8 ,a4 ,no4 ,i recollect that ,i read that in one of the reports1 that an attempt had been made to carry out the experiments elsewhere and that one had come across locked doors everywhere4 ,for instance1 one had ,brunswick in mind1 ,i know that by chance1 the ,luftwaffe hospital at ,brunswick1 and that was impossible4 ,thus1 all inquiries had negative answers4 ,q4 ,i gathered from your answer to one of my questions a short time ago--,i would like to return to that subject--that a person of intelligence will endure more discomfort1 pain1 and suffering1 pursuing a voluntary experiment which he knows he can terminate at any moment than a person1 probably of less intelligence1 would display upon undergoing an experiment which he could not stop at his own volition4 ,is that correct8 ,a4 ,well1 there is no question but that1 for those persons in ,dachau1 the only bait was the good food before and afterwards and the cigarettes that they had been promised4 ,that was not possible in the case of my doctors4 ,they did it because they were interested and1 of course1 that would have been by far the best solution if it had been possible4 ,q4 ,and1 insofar as the subjects at ,dachau1 if any of them1 at any time during the course of the experiments1 believed that the pain or discomfort or whatever it might be called1 which they were suffering would not be compensated by cigarettes1 or other promises which had been made to them1 they would be very anxious then to be released from prosecution of that experiment4 ,is that true8 ,a4 ,certainly4 ,that's why quite a number of experimental subjects secretly drank water1 because the strict course didn't please them too much4 ,q4 ,well1 unlike the experimental subjects in your institute1 those subjects would not be particularly interested in the result1 would they8 ,they had no scientific interest in the result1 did they8 ,a4 ,no1 no4 ,none at all4 ,none whatever4 99 99 99 99 99 ----- #dg ,final plea is recorded in mimeographed transcript1 #af ,july #aidg1 pp4 #ajidb-ajiga4 #dh ,eugen ,kogon3 ,der ,,ss ,staat2 published #aidf1 ,verlag der ,frankfurter ,hefte1 ,frankfurt-,main4 #di ,counsel for the defendant ,beiglboeck quoted the testimony of the prosecution witnesses ,stoehr1 ,pillwein1 and ,tschofenig and the testimony of the defense witness ,mettbach who stated that approximately #dj to #ej gypsies were used for the sea-water experiments and that they wore either black or green triangles4 ,black triangles had to be worn by those concentration camp inmates who were considered asocial and green triangles by those who were considered criminal4 #ej ,same as ,footnote #di above4 #ea ,complete testimony is recorded in mimeographed transcript1 #bg ,june1 #a ,july #aidg1 pp4 #ajbbi-ajbce1 #ajejh-ajede4 #eb ,complete testimony is recorded in mimeographed transcript1 #f1 #i1 #aj1 #aa1 #ab1 #ag ,june #aidg1 pp4 #hfff-ijbh1 #icbf-icbi4 #ec ,complete testimony is recorded in mimeographed transcript1 #c ,june #aidg1 pp4 #hdjj-hdic4 #h4 ,,epidemic ,,jaundice ,,experiments a4 ,introduction ,the defendants ,karl ,brandt1 ,handloser1 ,rostock1 ,schroeder1 ,gebhardt1 ,rudolf ,brandt1 ,mrugowsky1 ,poppendick1 ,sievers1 ,rose1 and ,becker-,freyseng were charged with special responsibility for and participation in criminal conduct involving epidemic jaundice experiments 7par4 #f 7,h7 of the indictment74 ,during the trial the prosecution withdrew this charge in the case of ,sievers1 ,rose1 and ,becker-,freyseng4 ,on this charge only the defendant ,karl ,brandt was convicted1 and the defendants ,handloser1 ,rostock1 ,schroeder1 ,gebhardt1 ,rudolf ,brandt1 ,mrugowsky1 and ,poppendick were acquitted4 ,the prosecution's summation of the evidence on the epidemic jaundice experiments is contained in its final briefs against defendants ,handloser and ,schroeder4 ,extracts from these briefs are set forth below on pages #did to #dih4 ,a corresponding summation of the evidence by the defense on these experiments has been selected from the final plea for the defendant ,handloser4 ,it appears below on pages #dii to #ejc4 ,this argumentation is followed by selections from the evidence on pages #ejc to #ejh4 b4 ,selections from the ,argumentation of the ,prosecution ,,extract ,,from ,,the ,,closing ,,brief ,,against ,,defendant ,,handloser 99 99 99 99 99 ,epidemic ,jaundice ,following the attack on ,russia1 epidemic jaundice 7hepatitis epidemica7 became a disease of major proportions for the ,german ,wehrmacht4 7,tr4 p4 #bgjg47 ,in some units1 casualties up to #fj percent were reported from this disease4 7,,no-#jaj1 ,pros4 ,ex4 #ahg47 ,accordingly1 an intensive effort was made to discover the causes of and vaccinations against epidemic jaundice4 ,dohmen and ,gutzeit of the ,army ,medical ,inspectorate and ,haagen of the ,medical ,service of the ,luftwaffe were among the doctors working on this subject4 ,dohmen and ,gutzeit were attached to the ,military ,medical ,academy and directly subordinated to ,schreiber4 7,tr4 p4 #bgeb47 ,the ,military ,medical ,academy was1 of course1 subordinated to ,handloser as ,army ,medical ,inspector4 7,tr4 p4 #bgdj47 ,gutzeit was also consulting internist to ,handloser4 7,tr4 p4 #bgjj47 ,dohmen was one of the first to isolate a virus which was claimed to be the cause of jaundice4 ,this was accomplished by inoculating animals with germs taken from human beings suffering from the disease4 7,tr4 p4 #bfie47 ,however1 considerable divergence of opinion still existed as to whether jaundice was caused by bacteria or a virus4 7,tr4 p4 #cjde47 ,on #a ,june #aidc1 ,grawitz1 ,reich ,physician of the ,,ss1 requested ,himmler to make concentration camp inmates available for infection by ,dohmen with his virus4 ,he stated that cases of death among the experimental subjects were to be anticipated4 7,,no-#jaj1 ,pros4 ,ex4 #ahg47 ,it was not stated whether the deaths were to be brought about for the purpose of performing autopsies 7as in the cases of the high-altitude experiments71 or whether they were to be expected from the disease itself 7as in the cases of the typhus experiments74 ,himmler consented to the use of eight ,polish ,jews1 who had been condemned to death in the ,auschwitz concentration camp1 and to ,dohmen's conducting the experiments4 7,,no-#jaa1 ,pros4 ,ex4 #ahh47 ,the experiments were carried out by ,dohmen in the ,sachsenhausen concentration camp1 and according to the affidavit of the defendant ,rudolf ,brandt1 some of the experimental subjects died as a result4 7,,no-#cga1 ,pros4 ,ex4 #ahf47 ,even the defense witness ,gutzeit1 who collaborated closely with ,dohmen1 admits that ,dohmen worked in ,sachsenhausen1 but stated that this was merely a ruse to avoid turning over the jaundice virus to ,grawitz1 and in reality no infection experiments were performed4 7,tr4 p4 #bgbb47 ,gutzeit did not explain1 however1 why ,dohmen1 who was in no way subordinated to ,grawitz1 should have engaged in such ridiculous scientific 8horseplay40 7,tr4 p4 #bgeh47 ,in weighing the credibility of the testimony of ,gutzeit1 consideration should be given to the fact that he was a member of the ,,ss himself and that he was closely associated with ,dohmen in his work4 7,tr4 p4 #bgfj47 ,in ,june #aidd1 a conference of experts was called by ,handloser for the purpose of coordinating jaundice research4 ,this conference took place at ,breslau and was presided over by ,schreiber4 7,tr4 p4 #gbeb47 ,handloser1 ,gutzeit1 and ,haagen1 a consulting hygienist of the ,air ,fleet1 were all present at this conference4 7,tr4 p4 #bgag47 ,schreiber assigned groups of physicians to work together on jaundice problems4 ,dohmen1 ,gutzeit1 and ,haagen were assigned to one of these groups4 7,tr4 p4 #bgag47 ,on #ab ,june #aidd1 ,haagen himself requested ,schreiber to assign ,dohmen to work with him4 ,generalarzt ,schreiber at that time was commander of the ,military ,medical ,academy4 7,,no-#bii1 ,pros4 ,ex4 #aij47 ,schreiber complied with this request4 7,,no-#cjj1 ,pros4 ,ex4 #aia47 ,on #bd ,june #aidd1 ,gutzeit wrote to ,haagen that he was also requesting ,schreiber to assign ,dohmen to ,haagen4 ,he went on to state that he was making preparations for experiments on human beings and he wanted ,haagen to supply him with his virus material4 7,,no-#abd1 ,pros4 ,ex4 #aic47 ,haagen replied to ,gutzeit's letter on #bg ,june #aidd stating that he was glad that ,dohmen would be assigned to him as of #ae ,july4 ,he further stated that he was working with ,kalk1 ,buechner1 and ,zuckschwert1 all officers of the ,luftwaffe1 on jaundice problems and that he had arranged with ,kalk to conduct human experiments with his material4 7,,no-#abe1 ,pros4 ,ex4 #aid47 ,on the same date ,haagen wrote to his collaborator ,kalk1 who was attached to the staff of the defendant ,schroeder1 stating as follows3 8,in the enclosure ,i send you a copy of a letter from ,gutzeit and my reply4 ,we must proceed as soon as possible with the experiments on human beings4 ,these experiments1 of course1 should be carried out at ,strasbourg or in its vicinity4 ,could you in your official position take the necessary steps to obtain the required experimental subjects8 ,i don't know what sort of subjects ,gutzeit has at his disposal1 whether they are soldiers or other people40 7,,no-#abf1 ,pros4 ,ex4 #aie47 ,the remark about 8other people0 is an obvious reference to concentration camp inmates1 upon whom ,haagen had long since been experimenting with virulent typhus virus1 while the reference to 8,strasbourg or in its vicinity01 indicates the concentration camp ,natzweiler4 7,see typhus experiments supra47 ,herr ,kalk and his chief1 the defendant ,schroeder1 were well advised on how to procure concentration camp inmates for medical experiments because only a few weeks before ,schroeder himself had requested inmates from ,himmler for the sea-water experiments4 7,,no-#ahe1 ,pros4 ,ex4 #acd47 ,the record shows that ,dohmen did in fact go to ,strasbourg to work with ,haagen on the direct orders of ,schreiber4 7,tr4 p4 #bgeb47 ,handloser was advised of this collaboration of ,dohmen and ,haagen4 7,tr4 p4 #bgeg47 ,still another series of jaundice experiments was planned with which ,handloser was connected4 ,on #bi ,january #aide ,mrugowsky wrote to ,grawitz as follows3 8,hauptsturmfuehrer ,professor ,dr4 ,dresel1 ,director of the ,hygienic ,institute of the ,university of ,leipzig1 has cultivated a virus from persons suffering from hepatitis and succeeded in transplanting it on animals4 8,it is necessary to make experiments on human beings in order to determine the fact that this virus is indeed the effective virus hepatitis epidemica4 ,the plenipotentiary for research on epidemics in the ,reich ,research ,council therefore addressed himself to me with the request to carry out the above experiments4 8,i am asking you to obtain authorization from the ,reich ,leader ,,ss to carry out the necessary experiments on #bj suitable prisoners who have hitherto never suffered from hepatitis epidemica1 at the typhus experimental station of the concentration camp in ,buchenwald40 7,,no-#acjc1 ,pros4 ,ex4 #dfg47 ,the plenipotentiary for research on epidemics in the ,reich ,research ,council who requested these experiments on concentration camp inmates was ,generalarzt ,schreiber1 at the same time commander of ,lehrgruppe ,c of the ,military ,medical ,academy under ,handloser4 7,tr4 p4 #edjb47 ,schreiber had been designated by ,handloser for the very purpose of coordinating jaundice research1 and the meeting in ,breslau was called to that end4 ,in view of this evidence outlined above1 it can only be concluded that the jaundice experiments were carried out by subordinates of the defendant ,handloser with his knowledge and approval4 99 99 99 99 99 ,,extract ,,from ,,the ,,closing ,,brief ,,against ,,defendant ,,schroeder 99 99 99 99 99 ,,epidemic ,,jaundice ,,experiments ,in ,june #aidd a conference of experts was called for the purpose of coordinating jaundice research4 ,this conference took place at ,breslau and was presided over by ,schreiber4 7,tr4 p4 #bgeb47 ,handloser1 ,gutzeit1 and ,haagen were all present at this conference4 7,tr4 p4 #bgag47 ,haagen admitted during cross-examination that experiments on human beings were discussed4 ,that criminal experiments on concentration camp inmates were discussed is clear from the fact that ,schreiber in ,january #aide personally requested ,mrugowsky to make available inmates for hepatitis experiments by ,dr4 ,dresel4 7,,no-#acjc1 ,pros4 ,ex4 #dfg47 ,schreiber assigned groups of physicians to work together on jaundice problems4 ,dohmen1 ,gutzeit1 and ,haagen were assigned to one of these groups4 7,tr4 p4 #bgag47 ,on #ab ,june #aidd ,haagen himself requested ,schreiber to assign ,dohmen to work with him4 ,generalarzt ,schreiber at that time was commander of the ,military ,medical ,academy under ,handloser4 7,,no-#bbi1 ,pros4 ,ex4 #aij47 ,schreiber complied with this request4 7,,no-#cjj1 ,pros4 ,ex4 #aia47 ,on #bd ,june #aidd ,gutzeit wrote to ,haagen that he was also requesting ,schreiber to assign ,dohmen to ,haagen4 ,he went on to state that he was making preparations for experiments on human beings and he wanted ,haagen to supply him with his virus material4 7,,no-#abd1 ,pros4 ,ex4 #aic47 ,haagen replied to ,gutzeit's letter on #bg ,june #aidd stating that he was glad that ,dohmen would be assigned to him as of #ae ,july4 ,he further stated that he was working with ,kalk1 ,buechner1 and ,zuckschwert1 all officers of the ,luftwaffe1 on jaundice problems and that he had arranged with ,kalk to conduct human experiments with his material4 7,,no-#abe1 ,pros4 ,ex4 #aid47 ,on the same date ,haagen wrote to his collaborator ,kalk1 who was a consultant to defendant ,schroeder and a specialist on hepatitis 7,tr4 p4 #cfcb71 stating as follows3 8,in the enclosure ,i send you a copy of a letter from ,gutzeit and my reply4 ,we must proceed as soon as possible with the experiments on human beings4 ,these experiments1 of course1 should be carried out at ,strasbourg or in its vicinity4 ,could you in your official position take the necessary steps to obtain the required experimental subjects4 ,i don't know what sort of subjects ,gutzeit has at his disposal1 whether they are soldiers or other people40 7,,no-#abf1 ,pros4 ,ex4 #aie47 ,the remark about 8other people0 is an obvious reference to concentration camp inmates1 upon whom ,haagen had long since been experimenting with virulent typhus virus1 while the reference to 8,strasbourg or in its vicinity01 indicates the concentration camp ,natzweiler4 ,the witness ,olga ,eyer1 secretary to ,haagen1 testified that prisoners were requested for the epidemic jaundice experiments4 7,tr4 p4 #agei47 ,haagen would have the ,tribunal believe that he referred to ,freiburg and ,heidelberg which are #fj and #ajj kilometers respectively from ,strasbourg1 while ,natzweiler was only a few kilometers away4 7,tr4 p4 #iegi47 ,herr ,kalk and his chief1 the defendant ,schroeder1 were well advised on how to procure concentration camp inmates for medical experiments because only a few weeks before ,schroeder himself had requested inmates from ,himmler for the sea-water experiments4 7,,no-#ahe1 ,pros4 ,ex4 #acd47 99 99 99 99 99 c4 ,selection from the ,argumentation of the ,defense ,,extract ,,from ,,the ,,final ,,plea ,,for ,,defendant ,,handloser#ed 99 99 99 99 99 ,epidemic ,jaundice 7,hepatitis7 ,the problem of experiments in the field of hepatitis research consists in finding the most efficient treatment of the disease and identifying the virus in order to evolve a vaccine4 ,discussions of this problem were extensive during this trial4 ,the indictment on this point applies only when experiments on human beings1 as understood by the prosecution1 such as infection with jaundice germs1 could have effects detrimental to health4 ,on this the experts1 ,professors ,gutzeit and ,rose1 have expressed their opinions4 ,professor ,gutzeit1 as one of the foremost specialists for problems connected with epidemic jaundice1 on the basis of his extensive practical clinical experience and experiments on his own person1 has described the effects as follows3 8,as far as ,i1 as clinical physician1 can judge1 the development of vaccines1 and of experiments to gain these vaccines1 is harmless4 ,this harmlessness is shown by the fact that spontaneous outbreaks of jaundice are not dangerous in themselves4 ,like every other vaccine1 a potential vaccine which is being developed for or against hepatitis may cause harmless local reactions on the place of vaccination40 ,furthermore he said1 8it 7epidemic jaundice7 is a harmless disease0 7,german ,tr4 p4 #bgfa72 8it has no damaging after-effect on the liver40 7,german ,tr4 p4 #bgfc47 ,professor ,rose has expressed his expert opinion in the following words3 8,hepatitis epidemica as such is not considered a dangerous disease by hygienists40 7,german ,tr4 pp4 #edcc1 #edcd47 ,then he continues that naturally1 just as in the case of a nasal cold1 so in the case of hepatitis1 complications may arise as after-effects1 8but no one would consider hepatitis as a dangerous disease for that reason40 7,german ,tr4 p4 #fded47 ,as to the experiments1 ,professor ,rose says3 8,in ,germany1 experiments with hepatitis virus have been carried out by ,eppinger1 ,vogt1 ,esser1 and ,lembel and no incidents occurred4 ,all experiments took place without ill effects4 ,this is1 of course1 very limited experimental material1 but material concerning hundreds of cases which permit a more accurate judgment has been published in ,england and ,america4 ,up to date ,i have knowledge of about #fj experiments on human beings for hepatitis and no single incident has been reported yet40 ,the prosecuting counsel furnished no proof in this trial that infection experiments with jaundice organisms on unwilling persons took place at all in the concentration camps4 ,whereas in the case of the other facts the prosecution produced medical records or a witness to prove that such experiments had been carried out1 this was not possible with regard to epidemic jaundice4 ,proof was limited to the presentation of documents which one must admit might have given any layman1 or even a doctor who was not a hygienist or a clinical physician1 the impression that the experiments in question must have been dangerous4 ,the letter of ,dr4 ,grawitz dated #a ,june #aidc to ,himmler 7,,no-#jaj1 ,pros4 ,ex4 #ahg7 contains the sentence1 8,we must expect deaths40 ,according to the expert opinions expressed by ,rose1 ,gutzeit1 and ,hoering this view is incorrect and incomprehensible4 ,the experts exclude in practice all possibility of death4 ,rose declares 7,german ,tr4 p4 #fdee73 8,grawitz1 who had only concerned himself for years with the business of administration1 did not have sufficient understanding of the matter10 or 8that he was cautious to an exaggerated degree 99 99 9940 ,professor ,gutzeit 7,german ,tr4 p4 #bgfd7 says of ,document ,,no-#jaj1 ,prosecution ,exhibit #ahg3 8,the only way ,i can explain it to myself is that ,grawitz himself was not sufficiently informed about this jaundice1 the course of the disease1 and its danger4 ,certainly ,grawitz was no specialist on this matter1 this jaundice1 and has for a considerable time been out of touch with practical medicine40 ,professor ,gutzeit gives the mortality figure for jaundice as less than #j4a percent2 finally he declares 7,german ,tr4 p4 #bgfb7 that severe pain and suffering1 such as mentioned in the indictment1 do not occur when a patient is injected with jaundice organisms4 ,a layman can also understand that over-injection can only produce at the most the disease itself1 the effects of which have already been represented as harmless4 ,as already stated1 the prosecution furnished no concrete assertions that the intended experiments were made in ,sachsenhausen4 ,here we are speaking of the time from ,june #aidb4 ,at this time ,stabsarzt ,dr4 ,dohmen was allowed to work in the concentration camp at ,sachsenhausen in accordance with permission given by ,himmler4 ,professor ,gutzeit worked together with ,stabsarzt ,dr4 ,dohmen insofar as he conducted the hepatitis research work from the clinical side1 while ,dr4 ,dohmen was occupied with basic bacteriological research1 in the ,robert ,koch ,institute where he was stationed at the time in question and worked under ,professor ,gildemeister4 ,evidence was given by ,professor ,rose 7,german ,tr4 p4 #fdfh7 and ,dr4 ,lentz4 7,rose #af1 ,rose ,ex4 #ab47 ,as a result of the mutual exchange of experience which took place1 we must assume that ,professor ,gutzeit was informed about ,dohmen's research work in this field4 ,gutzeit also testified upon oath what ,dohmen had reported to him about his activity in ,sachsenhausen4 ,according to this1 ,dohmen was only able to escape pressure from ,himmler and ,grawitz to leave him his breeding stocks by apparently acceding to the offer that he should conduct experiments in ,sachsenhausen1 but in actual fact undertaking experiments only on prisoners of concentration camps which could be carried out without any risk of bodily harm or loss of life4 ,in like manner the prosecution was obliged to furnish proof with regard to the experiments asserted to have been made on concentration camp prisoners in ,natzweiler4 ,the only witness provided by the prosecution for this1 a woman by the name of ,eyer1 did not confirm what the prosecution affirmed1 namely that experiments intended by ,professor ,haagen in the research into hepatitis had been carried out in the concentration camp at ,natzweiler4 7,german ,tr4 p4 #agfe47 ,dr4 ,cording testified in an affidavit submitted by ,professor ,rose3 8,for my training in the study of hygiene and bacteriology ,i was detailed in ,february #aidd to the ,hygiene ,institute of ,strasbourg ,university where ,i was engaged1 until the military occupation of the town on #bc ,november #aidd1 almost exclusively on work connected with hepatitis 7series of inoculations of mice and proof of virus in the organs of mice7 under ,professor ,haagen40 99 99 99 99 99 8,it did not come to my ears that during the time ,i was in ,strasbourg experiments with hepatitis were made on human beings within the framework of this cooperation4 ,in the middle of ,july #aidd ,stabsarzt ,dr4 ,dohmen went from ,giessen to visit ,professor ,haagen in ,strasbourg for about #b-c days4 ,during this time he saw for himself in the ,institute the results obtained from our research work in hepatitis4 ,he confirmed that the results of his experiments had been similar but that all his research material had been destroyed in an air raid on ,berlin4 ,at present he was busy in ,giessen making a fresh start with his own experiments4 8,i know for a fact that ,dr4 ,dohmen was not in ,natzweiler during the time of his visit to ,strasbourg4 ,i know nothing of any further cooperation between ,professor ,haagen and ,dr4 ,dohmen40 ,thus it is proved that ,dr4 ,dohmen was not at the ,natzweiler concentration camp and did not take part in any experiments on human beings there in this particular branch of medicine4 ,in correcting his affidavit 7,,no-#cga1 ,pros4 ,ex4 #ahf7 the defendant ,rudolf ,brandt declared upon oath that he had no knowledge that these experiments had been carried out in ,sachsenhausen and that some of the prisoners died4 ,in like manner he revoked his evidence concerning the cooperation of ,dr4 ,dohmen and ,dr4 ,haagen in the ,natzweiler concentration camp and declared that no facts were known to him about this4 7,german ,tr4 pp4 #aiij-aiic47 ,finally ,rudolf ,brandt declared in his affidavit 7,handloser #aa1 ,handloser ,ex4 #ce7 that no facts were known to him from which could be deduced that the defendant ,handloser had any knowledge of the experiments in ,sachsenhausen and ,natzweiler4 ,if one also takes into consideration ,professor ,gutzeit's testimony that ,professor ,handloser had reported nothing about ,dohmen working in the concentration camp in ,sachsenhausen or of his activity there1 the following emerges3 ,professor ,handloser's answer is correct that he had no knowledge that experiments with epidemic jaundice were conducted on human beings in the concentration camps of ,sachsenhausen and ,natzweiler4 ,on the other hand ,professor ,handloser declares that he had a considerable interest in the hepatitis research work1 as it is also established that not only his consulting physician ,gutzeit but also numerous other offices had concerned themselves with hepatitis research4 ,professor ,handloser gave reasons1 confirmed by ,professor ,gutzeit1 why he1 as medical officer responsible for the management of health matters in the army1 had the duty to give importance to the research in order to find out what caused epidemic jaundice4 ,as far as ,handloser knew1 this research was carried out in accordance with recognized medical practice1 i4 e41 by experiments on animals and on the persons of the experimenters themselves2 likewise by unobjectionable clinical examinations of human beings4 ,this also emerges from the hepatitis meeting of ,june #aidd in ,breslau4 ,professor ,gutzeit also reported about this meeting and declared upon oath that six or seven different hepatitis research workers had given reports on their experiments and the results obtained4 ,nothing was said about experiments on human beings4 ,from this ,professor ,handloser1 who took part in the meeting which included the military and civilian sector1 must have gained the impression that research into hepatitis was conducted in a generally recognized medical fashion4 ,as it could not be established at this meeting whether the organisms bred by the various offices were identical1 or whether it was a question of different viruses 7,german ,tr4 p4 #bgcg71 the suggestion made by ,generalarzt ,dr4 ,schreiber1 who as the delegate of the ,reich ,research ,council for the combat of epidemics was the chairman of the meeting1 was to the point and served the purpose4 ,his suggestion was that various working groups for hepatitis research be formed in order that results obtained on each side might be compared4 ,on both direct and cross-examination1 ,professor ,gutzeit gave a convincing explanation for his letter of #bd ,june #aidd 7,,no-#abd1 ,pros4 ,ex4 #aic71 in which he speaks of the experiments 8crucis ad hominem40 ,he declared that he had prepared with his students and candidates a vaccination with the virus material placed at his disposal in ,breslau4 7,german ,tr4 pp4 #bgci-bgdj47 ,dr4 ,dohmen's visit to ,strasbourg1 which was requested by ,haagen1 was to have been made in compliance with the suggestion of ,dr4 ,schreiber to form a circle of research groups4 99 99 99 99 99 d4 ,evidence ,prosecution ,documents ,pros4 ,ex4 ,doc4 ,no4 ,no4 ,description of ,document ,page ,,no-#cga #ahf ,affidavit of defendant ,rudolf ,brandt1 #ad #ejc ,october #aidf1 concerning experiments to determine the cause of epidemic jaundice4 ,,no-#jaa #ahh ,note from ,himmler to ,grawitz1 #af ,june #aidc1 #ejd concerning epidemic jaundice experiments at concentration camp ,sachsenhausen4 ,,no-#bii #aij ,letter from ,haagen to ,schreiber1 #ab ,june #eje #aidd1 concerning epidemic jaundice experiments4 ,,no-#abe #aid ,copy of letter from ,haagen to ,gutzeit1 #bg #ejf ,june #aidd1 concerning epidemic jaundice experiments on human beings4 ,testimony ,extract from the testimony of defendant ,karl ,brandt #ejf ,,partial ,,translation ,,of ,,document ,,no-#cga ,,prosecution ,,exhibit #ahf ,,affidavit ,,of ,,defendant ,,rudolf ,,brandt1 #ad ,,october #aidf1 ,,concerning ,,experiments ,,to ,,determine ,,the ,,cause ,,of ,,epidemic ,,jaundice ,i1 ,rudolf ,brandt1 being duly sworn1 depose and state3 99 99 99 99 99 ,experiments to ,determine the ,cause of ,epidemic ,jaundice 7,hepatitis ,epidemica7 #c4 ,about the middle of #aidc1 ,dr4 ,grawitz1 ,reichsarzt ,,ss1 wrote to ,himmler that ,dr4 ,karl ,brandt wished to obtain prisoners for experimentation on the causes of a jaundice epidemic4 ,he had been doing research on this problem with the assistance of ,dr4 ,dohmen1 a medical officer attached to the ,army ,medical ,corps and the ,robert ,koch ,institute4 ,experiments had thus far disclosed that contagious jaundice is transferred by a virus and human beings were desired for inoculation with germs which had been cultivated in animals4 ,grawitz advised that death of some of the experimental subjects must be expected4 ,he wanted to know if ,dr4 ,dohmen could be permitted to carry out the experiments at the ,sachsenhausen concentration camp1 as desired by ,dr4 ,karl ,brandt4 #d4 ,himmler wrote ,grawitz that ,dr4 ,dohmen had his permission to conduct the experiments at ,sachsenhausen1 and for that purpose he had ,oswald ,pohl of the ,,wvha allocate a number of prisoners to be used as experimental subjects4 ,i know that these experiments were carried out and that some of the prisoners died as a result4 #e4 ,dr4 ,eugen ,haagen1 ,oberstabsarzt and consultant in hygiene for the ,luftwaffe1 had also been doing research work at the ,natzweiler concentration camp in an effort to discover an effective inoculation against epidemic jaundice4 ,as ,i recall1 ,dr4 ,dohmen collaborated with ,haagen in #aidd at ,natzweiler and experiments on involuntary human beings were conducted which resulted in deaths4 #f4 ,these experiments were of course well known to ,karl ,brandt as he was personally furthering them4 ,handloser and ,schroeder must also have known of them because ,dohmen and ,haagen were doctors in the ,medical ,services of the ,army and the ,luftwaffe respectively4 ,generalarzt ,paul ,rostock was also well informed on all research work of this nature4 ,i have read the above statement in ,german1 consisting of two 7#b7 pages1 and it is true and correct to the best of my knowledge and belief4 ,i have had the opportunity to make any changes and corrections in the foregoing statement4 ,this statement was given by me freely and voluntarily1 without promise of reward and ,i was subjected to no duress or threat of any kind4 ,signed ,r4 ,,brandt ,,translation ,,of ,,document ,,no-#jaa ,,prosecution ,,exhibit #ahh ,,note ,,from ,,himmler ,,to ,,grawitz1 #af ,,june #aidc1 ,,concerning ,,epidemic ,,jaundice ,,experiments ,,at ,,concentration ,,camp ,,sachsenhausen ,the ,reich ,leader ,,ss ,day ,book ,no #afeb_/dc1 ,,rf_/,,bn ,x,ia-_/-#dc ,field ,h4 ,q41 #af ,june #aidc ,subject3 ,investigation of the cause of the infectious jaundice 7hepatitis epidemica7 ,reference3 ,yours of #a ,june #aidc--;,az43 #dbj_/;,,iv_/#dc--;,diary ,no4 #f_/dc g4,kdos4 ,top ,secret ,reich ,physician ,,ss and ,police #d ,copies ,berlin #c;d ,copy ,i acknowledge the receipt of your letter of #a ,june #aidc4 #a4 ,i approve that eight criminals condemned in ,auschwitz 7eight ,jews of the ,polish resistance movement condemned to death7 should be used for experiments4 #b4 ,i agree that ,dr4 ,dohmen should make these experiments in ,sachsenhausen4 #c4 ,i agree with your opinion that a real fight against infectious jaundice would be of unheard of value4 ,signed ,h4 ,,himmler4 #b4 ,,ss ,obergruppenfuehrer ,pohl1#ee ,berlin ,carbon copy forwarded with request that you will duly note4 ,signature ,,ss ,obersturmbannfuehrer ,,translation ,,of ,,document ,,no-#bii ,,prosecution ,,exhibit #aij ,,letter ,,from ,,haagen ,,to ,,schreiber1 #ab ,,june #aidd1 ,,concerning ,,epidemic ,,jaundice ,,experiments #ab ,june #aidd ,generalarzt ,professor ,dr4 ,schreiber ,academy of ,military ,medicine ,berlin ,,nw ,dear ,generalarzt3 ,enclosed ,i am sending you my hepatitis report for further use4 ,at the same time ,i would like to use this opportunity to renew my invitation to ,stabsarzt ,dohmen4 ,since ,i do not know his present address1 may ,i direct this invitation to you and suggest that ,dr4 ,dohmen be assigned to me for several weeks so that we may discover and possibly work on questions we have in common4 ,this would probably be the quickest way to determine whether we have the same virus or not4 ,a satisfactory date for ,dohmen's visit to begin would be #ae ,july4 ,at the same time ,i should like to approach the subject of your negotiations for mice4 ,my supplies1 and particularly my cultures1 are so depleted that they absolutely must be rejuvenated and refilled4 ,you told me in ,hohenlychen that it is possible for you to secure mice1 even in large numbers4 ,may ,i ask you to endeavor to secure for me several thousand mice of both sexes1 preferably only young animals4 ,thirdly ,i would like to ask whether the hepatitis research will be carried on in future out of funds of the ,reich ,research ,council8 ,my funds for this branch are now exhausted and ,i am faced with the question as to whether to apply for further funds to my ,medical ,chief of the ,luftwaffe or to you4 ,i would be grateful to you to be informed about this shortly4 ,with kindest greetings and compliments1 ,heil ,hitler6 ,very devotedly yours1 ,signed ,,haagen ,,translation ,,of ,,document ,,no-#abe ,,prosecution ,,exhibit #aid ,,copy ,,of ,,letter ,,from ,,haagen ,,to ,,gutzeit1 #bg ,,june #aidd1 ,,concerning ,,epidemic ,,jaundice ,,experiments ,,on ,,human ,,beings ,oberstabsarzt ,professor ,dr4 ,e4 ,haagen1 ,consulting ,hygienist to the ,air ,fleet ,physician ,reich ,strasbourg1 #bg ,june #aidd ,to3 ,oberstarzt ,professor ,dr4 ,gutzeit ,consulting ,physician to the ,army ,medical ,inspector1 ,medical ,clinic of ,university of ,breslau1 ,hobrechtufer #d ,my dear colleague ,gutzeit1 ,many thanks for your letter of #bd_/f_/dd4 ,i am glad that ,herr ,dohmen will come here on #ae ,july4 ,we shall then review all common hepatitis questions and perhaps also set up the experiments together4 ,i cannot at present definitely answer your inquiry about human experiments4 ,as you know1 ,i am working with ,herr ,kalk1 ,herr ,buechner1 and ,herr ,zuckschwert4 ,naturally1 ,i have already arranged with ,herr ,kalk that we shall undertake that type of experiment with our material4 ,i must therefore first determine the point of view of the others concerned4 ,i shall be very glad to begin work on the nephritis material from your ,oberstarzt ,k 787 sic4 ,with best greetings1 ,heil ,hitler6 ,yours ,,extract ,,from ,,the ,,testimony ,,of ,,defendant ,,karl ,,brandt#ef ,,direct ,,examination 99 99 99 99 99 ,,dr4 ,,servatius3 ,the indictment mentions experiments with hepatitis4 ,a letter from ,grawitz to ,himmler says that you furthered these experiments4 ,did you yourself do any clinical work on this question8 ,,defendant ,,karl ,,brandt3 ,i never did any work in connection with hepatitis epidemica1 for that would have been during the war1 as before the war this disease was not given much importance in ,germany4 ,during the war ,i did not deal with this question because ,i was too busy with other things1 and also because such a purely internal disease1 although perhaps of interest to the hygienist1 was relatively uninteresting to me as a surgeon4 ,q4 ,did you allocate research assignments on this subject8 ,how about ,dr4 ,dohmen8 ,a4 ,i do not know why ,i should have given a research assignment to ,dr4 ,dohmen4 ,of course the question of hepatitis was a question which interested everyone1 for it was encountered everywhere in the ,east4 ,but1 for that reason ,i would not have given special attention to that disease4 ,it had no relation to other things which were of more interest to me as a surgeon4 ,i know the letter4 ,i was told about it last year4 ,i saw it here again for the first time this year4 ,it says that ,i had asked ,grawitz to have special hepatitis work carried out by ,dr4 ,dohmen4 ,dr4 ,dohmen1 the letter goes on1 was to obtain seven or eight prisoners for that purpose and the lives of these prisoners would be endangered4 ,it is not clear to me in what connection1 and for what reason1 my name was mentioned as the instigator of hepatitis research1 for in all the rest of the correspondence1 and in all the other documents1 there is not even the slightest hint that ,i had any particular interest in this question1 or that ,i was so interested that ,i would have started the research4 ,i never really knew that the experiments were actually carried out1 and ,i never received any report of results4 ,there are indications contrary to the sense of this letter1 especially when it says these experiments are to be carried out on persons condemned to death4 ,hepatitis epidemica is not a disease as dangerous as all that4 ,i have inquired meanwhile1 and know that compared with malaria1 for example1 it is only about a fifth or a tenth as dangerous4 ,i have already discussed today my relationship with ,himmler and with ,grawitz4 ,i did not invent that2 that was actually the truth4 ,on the other hand1 it is interesting to note that in all the correspondence concerning hepatitis1 one year later1 after the first letter failed to have the desired effect1 ,professor ,schreiber sought a way to approach ,himmler in order to have hepatitis research work continued4 ,schreiber was the deputy for epidemic control in the ,reich ,research ,council1 so that ,i may assume that1 for some reason which is not quite dear to me1 ,grawitz possibly confused ,schreiber and me in the first letter4 ,that is conceivable4 ,the letter is dated #a ,june #aidc4 ,a short time before that there was a meeting of the ,military ,medical ,academy1 and probably ,grawitz1 who was present1 talked to ,schreiber as well4 ,in any case ,i am not able to give any information about this question of hepatitis1 and certainly not about any experiments which actually took place4 ,i have no information2 ,i received no report2 and ,i have not heard from any other source even now that these experiments were really conducted4 ,it seems to me significant that the witness ,schmidt1 who was heard here1 testified that the experiments were certainly not conducted in ,strasbourg1 as ,dohmen1 who wanted to conduct them1 was there for only two or three days himself4 99 99 99 99 99 ----- #ed ,final plea is recorded in mimeographed transcript1 #ad-ae ,july #aidg1 pp4 #ajhah-ajhdi4 #ee ,defendant in ,case of ,united ,states vs4 ,oswald ,pohl1 et al4 ,see ,vol4 ,v4 #ef ,complete testimony is recorded in mimeographed transcript1 #c1 #d1 #e1 #f1 #g ,feb4 #aidg1 pp4 #bcja-bffa4 #i4 ,,typhus ,,and ,,other ,,vaccine ,,experiments a4 ,introduction ,the defendants ,karl ,brandt1 ,handloser1 ,rostock1 ,schroeder1 ,genzken1 ,gebhardt1 ,rudolf ,brandt1 ,mrugowsky1 ,poppendick1 ,sievers1 ,rose1 ,becker-,freyseng and ,hoven were charged with special responsibility for and participation in criminal conduct involving typhus experiments 7par4 #f 7,j7 of the indictment74 ,in the indictment1 8spotted fever0 was used for the ,german word 8,fleckfieber01 but later this was translated as 8typhus04 7,see also judgment1 ,vol4 ,,ii47 ,on this charge the defendants ,handloser1 ,schroeder1 ,genzken1 ,rudolf ,brandt1 ,mrugowsky1 ,sievers1 ,rose1 and ,hoven were convicted1 and the defendants ,karl ,brandt1 ,rostock1 ,gebhardt1 ,poppendick1 and ,becker-,freyseng were acquitted4 ,the prosecution's summation of the evidence on the typhus experiments is contained in the final briefs against the defendants ,mrugowsky and ,schroeder4 ,extracts from them are set forth below on pages #ejh to #ebh4 ,the extract of the prosecution brief against ,mrugowsky summarizes evidence concerning experiments with old blood plasma1 blood transfusions1 and withdrawal of blood from inmates of the ,buchenwald concentration camp for the purpose of manufacturing a typhus convalescent serum4 ,a corresponding summation of the evidence by the defense on these experiments has been selected from the closing brief for the defendant ,rose and the final plea and closing brief for the defendant ,mrugowsky4 ,these appear below on pages #ebh to #eed4 ,this argumentation is followed by selections from the evidence on pages #eee to #fca4 b4 ,selections from the ,argumentation of the ,prosecution ,,extracts ,,from ,,the ,,closing ,,brief ,,against ,,defendant ,,mrugowsky ,typhus and ,other ,vaccine ,experiments ,the attack against ,russia in #aida gave rise to many military medical problems1 not the least of which was typhus4 ,the disease reached serious proportions in the fall of #aida1 and typhus vaccines were so scarce that only doctors1 nurses1 and other medical personnel in exposed positions could be given inoculations4 7,tr4 pp4 #cafj-cafa47 ,one of the most important problems with respect to the increased production of typhus vaccines was the effectiveness of the so-called ,cox-,haagen-,gildemeister vaccine1 which was produced from egg-yolk cultures4 ,the effective ,weigl vaccine1 produced from the intestines of lice1 was available1 but its manufacture was expensive and complicated4 ,the egg-yolk vaccine was relatively simple to produce but its protective qualities were not regarded as having been sufficiently proved4 7,,no-#gcb1 ,pros4 ,ex4 #dea47 ,the entry for #bi ,december #aida in the ,ding diary proves that a conference was held on that date between ,handloser1 as ,army ,medical ,inspector2 ,conti1 of the ,ministry of ,interior2 ,reiter1 of the ,public ,health ,department2 ,gildemeister1 of the ,robert ,koch ,institute2 and ,mrugowsky1 of the ,hygiene ,institute of the ,waffen ,,ss4 7,,no-#bfe1 ,pros4 ,ex4 #bhg47 ,at the conference it was decided that the typhus vaccine from egg yolks was to be tested on human beings to determine its efficacy4 ,on the same day an earlier conference was held which discussed the same problem4 ,it took place at the ,reich ,ministry of the ,interior1 and was attended by ,bieber of the ,interior2 ,gildemeister2 representatives of the ,general ,government in ,occupied ,poland2 officials of the ,behring ,works of ,i4 ,g4 ,farben1 and ,oberstabsarzt ,scholz1 of the ,army ,medical ,inspectorate4 ,the minutes of this conference state that3 8,the vaccine which is presently being produced by the ,behring ,works from chicken eggs shall be tested for its effectiveness in an experiment4 ,for this purpose ,dr4 ,bieber will contact ,obersturmfuehrer ,dr4 ,mrugowsky40 ,since ,mrugowsky was not present at this conference1 it is obvious that other conferences took place in which this matter was discussed with him1 which is corroborated in the entry of the ,ding diary referred to above4 ,as a result of the decision reached at these conferences1 the experimental station in the ,buchenwald concentration camp under ,,ss ,sturmfuehrer1 later ,hauptsturmfuehrer ,dr4 ,ding-,schuler 7hereinafter referred to as 8,ding07 was established4 7,,no-#bfe1 ,pros4 ,ex4 #bhg2 ,tr4 p4 #aaed47 ,the charts drawn by the defendant ,mrugowsky1 among other proof1 show that the experimental station in ,buchenwald was subordinated to the ,hygiene ,institute of the ,waffen ,,ss under ,mrugowsky from the date of its establishment until the end of the war4 7,,no-#daf1 ,pros4 ,ex4 #bb2 ,,no-#dag1 ,pros4 ,ex4 #bc47 ,in the beginning of #aidc1 the research station in ,buchenwald was officially called the 8,department of ,typhus and ,virus ,research0 of the ,hygiene ,institute of the ,waffen ,,ss4 ,the experiments were carried out in ,block #df1 the so-called ,clinical ,block1 with the exception of a few experiments early in #aidb4 ,in the autumn of #aidc a vaccine production department was established in ,block #ej4 ,both ,blocks #df and #ej were part of the ,division for ,typhus and ,virus ,research4 ,the defendant ,hoven was the deputy to ,ding in both blocks4 7,,no-#bfe1 ,pros4 ,ex4 #bhg2 ,tr4 pp4 #aaee-aaef47 ,criminal experiments on concentration camp inmates without their consent were carried out in ,block #df to test typhus1 yellow fever1 smallpox1 typhoid1 para-typhoid ,a and ,b1 cholera1 and diphtheria vaccines4 ,the typhus experiments in ,buchenwald were carried out on a very large scale and resulted in many deaths4 ,the manner of execution and the results of the experiments are proved in great detail by the ,ding diary and the testimony of ,kogon as well as other evidence4 ,the first experiment began on #f ,january #aidb with the vaccination of #ace inmates with the ,weigl1 ,cox-,haagen-,gildemeister1 ,behring ,normal1 or ,behring ,strong vaccines4 ,all vaccinations were completed by #a ,february4 ,on #c ,march #aidb1 all of the vaccinated subjects and #aj inmates who had not been vaccinated 7known as the 8control group07 were artificially infected with virulent virus of ,rickettsia-,prowazeki furnished by the ,robert ,koch ,institute4 ,the experiment was concluded on #ai ,april #aidb4 ,five deaths occurred1 three in the control group and two among the vaccinated subjects4 7,,no-#bfe1 ,pros4 ,ex4 #bhg2 ,mrugowsky #aj1 ,mrugowsky ,ex4 #bj47 ,in later experiments the number of experimental subjects usually varied between #dj and #fj1 but the proportion of control subjects was increased4 ,approximately two-thirds of the experimental subjects were vaccinated while one-third remained without protection4 ,a few weeks after vaccination1 all experimental subjects were artificially infected with typhus4 ,the course of the disease was then observed in the protected and control groups and the effectiveness of the vaccine was determined4 7,tr4 p4 #aafh47 ,therapeutic experiments were conducted in the same manner with various drugs4 ,for example1 between #bd ,april and #a ,june #aidc1 experiments were performed to test the effect of acridine granulate and rutenol on typhus4 ,of a total of #ci inmates used1 #ba died4 7,,no-#ehb1 ,pros4 ,ex4 #bhf47 ,artificial infection was accomplished in various ways4 ,in the beginning the skin was lacerated and infected with a typhus culture4 ,contagious lice were used to a limited extent4 ,for the most part1 however1 infection was brought about by the intravenous or intramuscular injection of fresh blood containing the typhus virus4 ,for the sole purpose of maintaining a constant source of infected fresh blood1 #c to #e inmates per month were artificially infected with typhus4 ,the use of these so-called 8passage persons0 began at least as early as ,april #aidc and continued until ,march #aide4 ,substantially all of them died4 ,these victims were so much 8a matter of course0 that their fatalities were not included by ,ding in his diary4 7,tr4 pp4 #aafh-aaga47 ,an analysis of the ,ding diary proves that a total of #gbi inmates were experimented on with typhus1 of whom #aed died4 ,to these figures must be added the passage persons1 of whom between #ij and #abj died4 ,so much for the cold statistics of the experiments4 ,block #df1 where the experiments were carried out1 was a horror for every inmate of the ,buchenwald concentration camp4 ,everyone selected for the experiments expected to die a slow and frightful death4 ,the man-to-man passage of the typhus virus created a form of 8super0 typhus4 7,tr4 p4 #aafh47 ,while typhus normally has a mortality of about #cj percent in unprotected cases1 in an experiment on #ac ,april #aidc five out of six persons infected died4 7,,no-#bfe1 ,pros4 ,ex4 #bhg47 ,many of the experimental subjects became delirious4 7,tr4 pp4 #aagb1 #aagc47 ,in the experiments with acridine and rutenol1 the subjects vomited up to seven times a day4 ,bronchial pneumonia1 nephritis1 intestinal bleeding1 subcutaneous phlegmones below the larynx1 parotitis1 gangrene of the shank1 furunculosis1 bronchitis1 and decubital sores developed as a result of this treatment4 7,,no-#ehb1 ,pros4 ,ex4 #bhf47 ,experimental subjects who survived and had a lighter course of the disease because the vaccine with which they were vaccinated was effective were forced to watch the death struggle of their fellow inmates4 ,there was an iron discipline in ,block #df1 the cat-o'-nine-tails ruled supreme1 and the experimental subjects were completely deprived of the last vestige of personal freedom which they had in the camp4 7,tr4 pp4 #aagb1 #aagc47 ,it is hardly necessary to state that the experimental subjects used in the typhus1 as well as all other experiments in ,buchenwald1 were not volunteers4 ,one does not normally volunteer to be killed4 ,in the first series of typhus experiments1 a number of inmates were duped into submitting after being told it was a harmless affair and that they would get additional food4 ,they were not informed that they would be artificially infected with typhus nor that they might die4 7,tr4 p4 #aafb2 see also the testimony of ,kogon in ,case #d1eg ,tr4 pp4 #gca1 #gcb2 ,,no-#cfhj1 ,pros4 ,ex4 #ecf47 ,these subjects cannot be described as volunteers4 ,after the first few experiments1 it was no longer possible to deceive inmates into offering themselves for the experiments4 ,thereafter1 up until about the fall of #aidc1 experimental subjects were chosen arbitrarily from among the inmates1 whether criminals1 political prisoners1 or homosexuals4 ,intrigue among the prisoners themselves sometimes played a role in the selection4 ,in the fall of #aidc1 the camp administration no longer desired to take the responsibility for the selection of the experimental subjects4 ,ding no longer was satisfied with verbal orders from ,mrugowsky to carry out the experiments and he asked for written orders4 ,he approached ,mrugowsky with the request that the ,reich ,leader ,,ss should appoint the experimental subjects4 ,according to a directive from ,himmler to ,nebe of the ,reich criminal police1 only those inmates were to be used who had been confined for #aj years or more4 ,thereafter1 most of the experimental subjects were habitual criminals1 many of whom were transported to ,buchenwald from other camps4 ,but political prisoners were still included because they were in disfavor with the camp administration or because of camp intrigues4 ,none of the experimental inmates had been condemned to death1 except a few ,russian prisoners of war who had not been tried or sentenced4 ,they were from some #i1ejj ,russian prisoners of war who were killed in ,buchenwald4 ,the experimental subjects were generally in good physical condition4 7,tr4 pp4 #aafb1 #aafc47 ,the experimental subjects included not only ,germans1 but also ,poles1 ,russians1 and ,frenchmen1 as well as prisoners of war4 ,the testimony of ,kogon is applicable not only to the typhus experiments but to the other experiments in ,buchenwald as well4 7,tr4 p4 #aafg47 ,this testimony of ,kogon is corroborated by the letter from ,himmler to the ,chief of the ,security ,police dated #bg ,february #aidd4 ,he said3 8,i agree that professional prisoners be taken for experiments with the typhus vaccine4 ,but only those professional criminals should be chosen who have served more than ten years in prison2 that is1 not with ten prior convictions but with a total penalty of ten years4 8,,ss ,gruppenfuehrer ,nebe is to supervise the disposal of these inmates4 ,i don't wish the physician to pick out inmates without my counter-control40 7,,no-#aahi1 ,pros4 ,ex4 #dga47 ,the same document shows that ,mrugowsky received a copy of this decision on change in procedure and that it had been arrived at after a conference between ,mrugowsky and ,nebe4 ,the testimony of ,kogon is further corroborated by the witness ,kirchheimer 7,tr4 pp4 #acba-accb7 and the affidavit of ,hoven4 7,,no-#dbi1 ,pros4 ,ex4 #bha47 ,the defense has contested the authenticity of the ,ding diary4 ,it is impossible to determine from the record precisely what their position is in that regard4 ,that the diary does not consist of entries made day by day is obvious from the face of the document itself4 ,it is rather a document which periodically summarizes the experiments which in many cases lasted several months4 ,ding also kept a daily diary and work reports4 7,tr4 p4 #abbf47 ,these obviously form the basis of the diary in evidence4 ,the defense lays great stress on the fact that page one of the diary was typed with an older ribbon than pages two et seq41 and hence was probably typed later4 ,the prosecution has no quarrel with that4 ,kogon gave the very obvious explanation that the page was probably re-typed when the name of the experimental station was designated as the 8,department for ,typhus and ,virus ,research04 7,tr4 p4 #abbh47 ,at best1 the reasons for re-typing pages are now a matter of sheer speculation4 ,no valid inference can be drawn from that fact alone4 ,the ,ding diary was taken by ,kogon from ,buchenwald4 ,it was in his exclusive possession until delivered to the ,office of ,chief of ,counsel for ,war ,crimes4 ,he testified that he did not alter the document in any respect and that the signatures of ,ding1 and later ,schuler1 are genuine4 7,tr4 pp4 #aafd-aaff47 ,he had no motive for changing the diary4 ,the document was authenticated by the prosecution as being in the same condition as when received4 ,the experts of the defense established that the document was written on the same typewriter with the same kind of paper4 ,mrugowsky admitted that ,ding's signature is on substantially all of the pages of the diary4 7,tr4 p4 #edaj47 ,there is no contention they have been forged4 ,a comparison of the admittedly genuine signature of ,ding on a vaccination chart 7,,no-#egh1 ,pros4 ,ex4 #bhd71 and of ,schuler on an affidavit signed by him after the war 7,,no-#beg1 ,pros4 ,ex4 #bhc71 with the signatures of ,ding-,schuler in the diary prove beyond any doubt that the signatures are authentic4 ,the defense has not established a single inaccuracy in the ,ding diary4 ,the prosecution1 on the other hand1 has proved the detailed accuracy of the diary time and again by the introduction of independent documents4 ,it will suffice to cite a few examples4 ,the work report of the 8,division for ,typhus and ,virus ,research0 for the year #aidc1 which was sent to ,mrugowsky1 substantiates the corresponding entries in the diary in every detail4 7,,no-#ega1 ,pros4 ,ex4 #bhe47 ,the paper written by ,ding on the treatment of typhus with acridine derivatives1 approved by ,mrugowsky1 checks to the last detail with the experiment reported by the entries in the diary for #bd ,april and #a ,june #aidc4 7,,no-#ehb1 ,pros4 ,ex4 #bhf47 ,mrugowsky's letter of #e ,may #aidb to ,conti1 ,grawitz1 ,genzken1 ,gildemeister1 ,eyer1 and ,demnitz reporting on a typhus vaccine experiment is in fact a description of the first experimental series in ,buchenwald as given in the diary4 ,this was a document submitted by the defense4 7,mrugowsky #aj1 ,mrugowsky ,ex4 #bj47 ,mrugowsky admitted he was reporting on that experiment4 7,tr4 p4 #edad47 ,the entry in the diary for #ai ,august #aidb concerning the testing of the ,bucharest ,cantacuzino vaccine made available by ,rose1 is corroborated by ,mrugowsky's letter to ,rose1 dated #af ,may #aidb1 asking for the vaccines4 7,,no-#aged1 ,pros4 ,ex4 #dia47 ,the entry for #h ,march #aidd concerning the experiments with the ,ipsen ,copenhagen vaccine1 which the diary shows were suggested by ,rose1 is substantiated by ,rose's letter to ,mrugowsky of #b ,december #aidc 7,,no-#aahf1 ,pros4 ,ex4 #dib71 and by ,lolling's letter to ,grawitz of #ad ,february #aidd4 7,,no-#aahh1 ,pros4 ,ex4 #dgj2 see also1 ,,no-#aahi1 ,pros4 ,ex4 #dga47 ,the yellow fever vaccine experiments reported in the diary on #aj ,january #aidc are dealt with in a letter from the ,behring ,works to ,mrugowsky dated #e ,january #aidc4 7,,no-#acje1 ,pros4 ,ex4 #dfi47 ,the phosphorus bomb experiments are noted in the ,ding diary under the dates of #ai to #be ,november #aidc4 ,the report on these experiments dated #b ,january #aidd shows the burning of inmates began on #ai ,november and ended on #be ,november #aidc4 7,,no-#egi1 ,pros4 ,ex4 #bhh47 ,as to the conference held on #bi ,december #aida reported in the ,ding diary1 ,mrugowsky made the following statement in a pre-trial interrogation3 8,i remember that meeting and it occurred to me that there were present ,schreiber1 ,gildemeister1 ,ding1 and myself40 ,mrugowsky admitted in open court having made such a statement4 7,tr4 p4 #echj47 ,the above analysis of the authenticity and accuracy of the ,ding diary1 while not exhaustive1 suffices to show that the defense objection to this document is completely without merit4 ,there is scarcely a line in the whole diary which has not been substantiated either by documents or testimony4 ,the diary must be accepted as accurate in its entirety4 ,there is no basis whatever for accepting some entries and rejecting others4 ,the defense has presented no credible evidence of any inaccuracies4 ,the living record of the deceased ,ding is the best evidence of what actually happened4 ,other vaccine experiments were carried out in the experimental station in ,buchenwald4 ,on request of the ,medical ,inspectorate of the ,army1 yellow fever vaccine containing a live virus was tested in a large-scale experiment on inmates which began on #aj ,january #aidc4 ,the arrangements were made by ,schreiber through the defendant ,mrugowsky4 7,,no-#acje1 ,pros4 ,ex4 #dfi47 ,a very large number of inmates were vaccinated between #ac ,january and #ag ,may #aidc at which time production of the yellow fever vaccine was abandoned because of the military situation in ,north ,africa4 ,the results of these experiments were sent to ,amt ,,xvi in the ,,ss ,operational ,headquarters1 which was the hygiene office under ,mrugowsky1 and to the ,army ,medical ,inspectorate4 7,,no-#bfe1 ,pros4 ,ex4 #bhg47 ,in the first part of #aidc1 ,mrugowsky conferred with ,handloser concerning multiple vaccinations4 7,tr4 p4 #cjfd47 ,there can be no doubt that this was the motivation for the large scale vaccination experiments on #de inmates of ,buchenwald between #bd ,march and #bj ,april #aidc1 as set forth in the ,ding diary4 ,each person was vaccinated on eight different days within four weeks against smallpox1 typhoid1 typhus1 para-typhoid ,a and ,b1 cholera1 and diphtheria4 ,the report on these experiments was sent to ,mrugowsky's office4 ,kogon testified that the experimental subjects were given para-typhoid bacilli in potato salad4 ,he also stated that the experiments in ,buchenwald with diseases other than typhus resulted in deaths1 although relatively fewer4 7,tr4 pp4 #aahb1 #aahc47 ,mrugowsky would have the ,tribunal believe that he is in no way responsible for the experiments carried out by ,ding and ,hoven in the ,buchenwald concentration camp4 ,he testified1 in effect1 that ,ding was directly subordinated to ,grawitz as far as the experiments were concerned4 7,tr4 p4 #ejfg47 ,while he did admit that ,ding was subordinated to him for purposes of vaccine production in ,block #ej in ,buchenwald1 he said he had nothing whatever to do with the experiments carried out in ,block #df4 ,the same contention was made by the defendant ,genzken4 ,mrugowsky testified that he was outraged by the idea of experimenting on human beings since he was of the opinion that human life is sacred4 7,tr4 p4 #ejff47 ,the proof1 however1 is overwhelming that ,mrugowsky ordered the experiments carried out by ,ding in ,buchenwald4 ,in his own pre-trial affidavit ,mrugowsky stated that the ,division for ,typhus and ,virus ,research of the ,hygiene ,institute of the ,waffen ,,ss in ,buchenwald was established in the beginning of #aidb by ,genzken4 ,he admitted that as ,chief of ,amt ,,xvi 7hygiene7 in the ,,ss ,operational ,headquarters and as ,chief of the ,hygiene ,institute of the ,waffen ,,ss1 he was the immediate superior of ,ding4 ,he stated further that experiments on inmates were carried out by ,ding in order to determine the effect of various typhus vaccines4 ,he admitted he obtained full knowledge of the work of ,ding2 that he received reports from him on the experiments1 including the death rates1 and that he informed ,genzken4 7,,no-#dbc1 ,pros4 ,ex4 #bhb47 ,the two charts drawn by the defendant ,mrugowsky clearly show that the experimental station in ,buchenwald under ,ding was directly subordinated to ,mrugowsky from the time of its establishment until the collapse of ,germany4 7,,no-#daf1 ,pros4 ,ex4 #bb2 ,,no-#dag1 ,pros4 ,ex4 #bc47 ,mrugowsky admitted ,ding's connection with the ,hygiene ,institute of the ,waffen ,,ss on cross-examination4 7,tr4 p4 #ecga47 ,the pre-trial affidavit of the defendant ,hoven who was deputy to ,ding and certainly in a position to know the facts1 states that the ,hygiene ,institute of the ,waffen ,,ss under ,mrugowsky received all the reports on the experiments in ,block #df and that ,ding received orders directly from ,mrugowsky4 ,hoven outlined the chain of command as3 ,grawitz1 ,genzken1 ,mrugowsky1 and ,ding4 ,ding went to ,berlin for discussions with ,mrugowsky nearly every second week4 ,mrugowsky visited the home of ,ding on one of his trips to ,buchenwald4 7,,no-#dbi1 ,pros4 ,ex4 #bha47 ,kogon testified that ,ding reported personally to ,mrugowsky on the experiments1 and when he did not go to ,berlin himself1 he reported regularly every three months in writing4 7,tr4 pp4 #aaee-aahf47 ,the reports on the experiments carried out in ,block #df were sent to ,mrugowsky in ,berlin4 7,tr4 p4 #aafj47 ,ding's official correspondence was primarily with ,mrugowsky4 7,tr4 p4 #aaeg47 ,the instructions for the execution of the experiments came from ,mrugowsky4 7,tr4 pp4 #aafc1 #abai47 ,in the late summer of #aidc ,mrugowsky became the sole chief of ,ding and issued all orders to him4 7,tr4 p4 #abjb47 ,mrugowsky occupied such an important position that it would have been dangerous for ,ding to contact ,grawitz over his head4 7,tr4 p4 #abda47 ,mrugowsky visited the experimental block in ,buchenwald on several occasions4 7,tr4 pp4 #abdd1 #abde2 ,tr4 p4 #acbi47 ,the proof outlined above as to ,mrugowsky's responsibility is repeatedly supported by documentary evidence4 ,ding's work report for the year #aidc1 which lists the experiments carried out in ,block #df1 was sent to ,mrugowsky and carried the letterhead 8,hygiene ,institute of the ,waffen ,,ss1 ,division for ,typhus and ,virus ,research1 ,weimar-,buchenwald40 7,,no-#ega1 ,pros4 ,ex4 #bhe47 ,this work report covers the experiments in ,block #df and the production of vaccines in ,block #ej1 which conclusively proves that ,mrugowsky's assertion that his responsibility was limited to ,block #ej is completely false4 ,the same report shows that ,mrugowsky inspected the ,division for ,typhus and ,virus ,research in ,buchenwald on #c ,september #aidc1 and that ,ding had several conferences with ,mrugowsky4 ,mrugowsky's own secretary admitted that ,ding's reports about his experiments on inmates went via the ,hygiene ,institute of the ,waffen ,,ss to ,grawitz4 7,mrugowsky #ch1 ,mrugowsky ,ex4 #ac47 ,mrugowsky received ,ding's report on the treatment of typhus with acridine derivatives4 7,,no-#ehb1 ,pros4 ,ex4 #bhf47 ,this report speaks of clinical tests on human beings who were afflicted with typhus1 but ,mrugowsky knew that ,ding experimented by artificially infecting the subjects4 7,tr4 p4 #ejff47 ,the report shows on its face that #ba of the experimental subjects died and that the inmates who survived had to fight severe complications of the disease4 ,this same experimental series is reported in the ,ding diary under the entries for #bd ,april and #a ,june #aidc4 ,the first experimental series on typhus carried out in ,buchenwald between #f ,january and #ai ,april #aidb in which #ade inmates were used as experimental subjects was the basis of a report by ,mrugowsky to ,conti1 ,grawitz1 ,genzken1 ,eyer1 and ,demnitz1 dated #e ,may #aidb4 7,mrugowsky #aj1 ,mrugowsky ,ex4 #bj47 ,five of the subjects died as a result of these experiments4 7,,no-#bfe1 ,pros4 ,ex4 #bhg47 ,the experiments with the ,cantacuzino vaccine from ,bucharest1 reported in the ,ding diary under the entry for #ai ,august #aidb1 were ordered by ,mrugowsky4 ,this vaccine was furnished by the defendant ,rose1 who requested ,mrugowsky to arrange for the experiments4 ,on #af ,may #aidb ,mrugowsky wrote to ,rose stating that ,grawitz had consented to the execution of the experiments and that the vaccine should be sent to him 7,mrugowsky74 ,he also agreed to conduct experiments to determine whether the louse could be infected by a vaccinated typhus patient4 ,this1 of course1 necessitated the infection of the experimental subject with typhus4 7,,no-#aged1 ,pros4 ,ex4 #dia47 ,as a result of these experiments1 four of the subjects died4 7,,no-#bfe1 ,pros4 ,ex4 #bhg47 ,the typhus experimental series ,no4 ,,viii1 during which the ,ipsen vaccine from ,copenhagen was tested1 was also ordered by the defendant ,mrugowsky4 ,on #b ,december #aidc ,rose asked ,mrugowsky to have the ,ipsen vaccine tested in ,ding's experimental station in ,buchenwald4 7,,no-#aahf1 ,pros4 ,ex4 #dib47 ,mrugowsky expressly denied1 during cross-examination1 that he was ever approached by ,rose to have the ,copenhagen ,ipsen vaccine tested in ,buchenwald4 ,he stated that3 8,if he had come to me ,i would have sent him on to someone else4 ,i would have said3 #8,my dear man1 that does not have anything to do with me4'0 7,tr4 pp4 #edcd1 #edce47 ,on #ba ,february #aidd ,mrugowsky was notified that #cj 8appropriate gypsies0 would be made available for testing the ,ipsen vaccine4 7,,no-#aahh1 ,pros4 ,ex4 #dgj47 ,mrugowsky was further advised on #bi ,february #aidd that the experimental subjects would be designated by the office of ,nebe of the ,reich criminal police4 7,,no-#aahi1 ,pros4 ,ex4 #dga47 ,the ,ding diary proves that the experiments with the ,ipsen vaccine began on #h ,march #aidd with #cj experimental subjects1 of whom six died as a result of the experiments4 ,on #ab ,august #aidd the defendant ,mrugowsky ordered ,ding to carry out experiments to determine the infectious character of blood of slight cases of typhus compared with that of serious cases4 7,,no-#aaig1 ,pros4 ,ex4 #dgb47 ,mrugowsky ordered a series of experiments to determine whether the course of typhus could be tempered by intravenous or intramuscular injection of typhus vaccine4 ,of the #be experimental subjects used1 #ai died4 ,this experiment was carried out between #aa ,november and #bb ,december #aidd4 7,,no-#bfe1 ,pros4 ,ex4 #bhg47 99 99 99 99 99 ,experiments with ,old ,blood ,plasma and the ,production of ,blood ,plasma and the ,typhus ,serum ,experiments with old blood plasma were conducted on inmates in ,buchenwald by order of ,mrugowsky at the request of the ,military ,medical ,academy4 ,blood transfusions were carried out in order to determine whether old blood plasma could be used without danger1 especially without danger of shock4 ,several series of experiments were performed1 each with #aj to #bj experimental subjects4 ,some of the victims died1 probably due to the combined effect of shock and poor physical condition4 ,mrugowsky received reports on these experiments4 7,tr4 pp4 #aaij-aaib2 ,,no-#bfe1 ,pros4 ,ex4 #bhg47 ,the entries for #bf ,may and #ac ,october #aidd in the ,ding diary show that blood was withdrawn from inmates recovering from typhus for the purpose of making a typhus convalescent serum4 ,the witness ,kogon testified that this work was done by ,,ss ,hauptsturmfuehrer ,dr4 ,ellenbeck on order from ,mrugowsky4 ,ellenbeck obtained the blood from typhus convalescents in ,block #df from the summer of #aidd until the spring of #aide4 ,blood was taken from these experimental subjects regularly1 usually in amounts between #bej and #cej cubic centimeters4 ,taking the blood from the convalescent patients meant an extraordinary burden on them and a number died4 ,while the precise cause of death could not be definitely ascertained under the circumstances1 there is no doubt that the withdrawal of blood was a contributing factor4 7,tr4 pp4 #aaib1 #aaic47 ,kogon further testified that ,ellenbeck1 on orders from ,mrugowsky1 systematically selected invalids and old persons1 especially ,frenchmen1 who were in the so-called 8little camp0 of ,buchenwald1 for the purpose of withdrawing blood to be used in making blood plasma4 ,the horrible conditions in the 8little camp0 were vividly described4 ,the blood was demanded from the victims and was taken from them4 ,sometimes extra food was given to these starving patients4 7,tr4 pp4 #aaid-aaif47 ,upon being asked whether any of these blood donors in the 8little camp0 in ,buchenwald died from this blood-letting1 ,kogon replied3 8,the question shows that it is very difficult to gain a real concept of the #8little camp' at ,buchenwald4 ,the people died there in masses4 ,during the night corpses were lying in the blocks naked because they were thrown out of the bunks by the other prisoners so that they would have a little more space4 ,even the smallest pieces of clothing were torn off by those who wanted to survive4 ,it is impossible to determine if anybody died as the direct and immediate result of the taking of blood1 because many people fell and died while walking around in the #8little camp'4 8,but it is beyond doubt to anyone who knew the conditions there1 that the taking of blood--even if a small measure of strength was given to these people as far as food was concerned--was a considerable contributing factor in the death of very many of them40 7,tr4 p4 #aaif47 ,ellenbeck also conducted research concerning the oxygen content of the blood of human beings in various stages of exhaustion and artificially produced starvation oedema4 ,mrugowsky gave his approval to these experiments4 7,tr4 pp4 #abeg-abff47 ,,extracts ,,from ,,the ,,closing ,,brief ,,against ,,defendant ,,schroeder 99 99 99 99 99 ,typhus and ,other ,vaccine ,experiments in the ,natzweiler ,concentration ,camp ,the appearance of ,haagen as a defense witness requires consideration of his testimony on these experiments4 ,haagen testified that in the summer of #aidc the defendant ,rose1 as consulting hygienist to the ,chief of the ,medical ,service of the ,luftwaffe1 prevailed upon him to resume active status as consulting hygienist to the ,air ,fleet ,physician ,reich4 ,haagen also accepted a typhus research commission from the ,luftwaffe and as a result of this commission and his position in the ,luftwaffe1 he carried out certain typhus experiments4 7,tr4 pp4 #iefd1 #iefe47 ,haagen stated that ,stabsarzt ,graefe was assigned to him at the ,hygiene ,institute of the ,university of ,strasbourg in #aidb by the ,luftwaffe and that ,graefe acted as his assistant4 ,graefe was militarily subordinated to ,luftgau ,physician #g but technically subordinated to ,haagen4 7,tr4 p4 #iehb47 ,haagen was also militarily subordinated to ,luftgau ,physician #g4 7,tr4 p4 #iefc47 ,haagen had developed a murine typhus 7rat typhus7 vaccine which contained an attentuated virulent 7living7 virus4 7,tr4 pp4 #ieif1 #ieig47 ,haagen testified that he performed compatability tests with this vaccine on #bh inmates of ,schirmeck concentration camp1 which was a sub-camp of ,natzweiler4 ,eight inmates were vaccinated with 4#e cc4 of this virulent vaccine1 ten with 4#e cc4 of virulent vaccine1 and ten with a dead vaccine plus 4#e cc4 of the virulent vaccine4 ,three additional inmates were vaccinated with a dead vaccine for purposes of comparison4 ,he stated that no serious reactions occurred as a result of these vaccines4 7,tr4 p4 #ifjc47 ,all of these vaccinations were carried out in the month of ,may #aidc and no vaccinations occurred after that date1 according to ,haagen4 7,tr4 p4 #ifcf47 ,in the fall of #aidc ,haagen transferred his activities to ,natzweiler on the alleged ground that he felt a typhus epidemic was more likely there than in ,schirmeck4 7,tr4 p4 #ifjc47 ,he requested through ,hirt that #ajj concentration camp inmates be put at his disposal in ,natzweiler for purposes of these experiments4 ,these inmates were transferred from ,auschwitz to ,natzweiler during the month of ,november #aidc1 #ah of whom died on the way4 ,haagen found the remainder unsuitable for his purposes and requested an additional #ajj which were made available during ,december #aidc4 ,he testified that of these1 #dj inmates were subjected to a series of two vaccinations by injection to bring about immunity and a third vaccination by scarification to test the immunity4 ,for purposes of comparison1 a second group of #dj inmates designated as 8controls0 was given only the third scarification vaccination4 ,the same vaccine was used for all of these alleged vaccinations and was a new vaccine containing an attenuated virulent ,rickettsia-,prowazeki virus 7louse typhus74 ,the scarification vaccine applied to both groups of subjects contained a smaller quantity of vaccine than the first two injection vaccinations given to the group immunized4 ,in the first group the injected vaccine produced what ,haagen described as the normal vaccine reaction4 ,substantially the same reaction occurred in the control group which received only the third scarification vaccine4 ,the reaction was no more serious than in those who were vaccinated by injection4 7,tr4 pp4 #ifae-g47 ,haagen admitted that the subjects used by him both in ,schirmeck and ,natzweiler were of many different nationalities1 among whom were gypsies and ,poles4 7,tr4 p4 #ifjg47 ,he further testified that these inmates were not volunteers because1 as he said1 he was only carrying out protective vaccinations4 7,tr4 pp4 #ieda-b47 ,haagen stated that the only reason he performed these vaccinations in ,schirmeck and ,natzweiler was because he was asked to do so by ,kramer1 camp commandant in ,natzweiler4 ,he and ,kramer were disturbed about the possibility of a typhus epidemic in the middle of #aidc1 although he testified that in fact no typhus cases actually occurred until ,march #aidd4 7,tr4 pp4 #ieid-e47 ,he went to ,schmireck only because he and ,kramer feared an epidemic4 7,tr4 p4 #ifjj47 ,haagen's testimony1 as outlined above1 is completely incredible on its face as well as in view of the documents which were submitted by the prosecution and available to ,haagen at the time he testified4 ,firstly1 it is utterly ridiculous to credit his statement that he went to ,schirmeck and ,natzweiler only because he feared an epidemic4 ,it is ridiculous to suppose that a concentration camp commander1 on his own initiative1 sought medical assistance from doctors in the towns surrounding a concentration camp4 ,the ,,wvha1 to which all concentration camps were subordinated1 had a very elaborate medical system and it is unthinkable that a local camp commander would ask aid from an outsider4 ,secondly1 it is ridiculous to suppose that ,haagen1 out of the kindness of his heart and the fear of an epidemic spreading beyond the confines of the camp1 would use his precious typhus vaccine to protect the miserable wretches who were imprisoned in the concentration camps4 ,haagen himself stated that he had very little typhus vaccine4 7,tr4 p4 #ifac47 ,it has been repeatedly testified to during the course of this trial that typhus vaccines were critically short in ,germany during the war and that there were not even sufficient quantities to vaccinate doctors1 nurses1 and other personnel exposed to special danger4 ,that this vaccine would be used to protect concentration camp inmates is unthinkable4 ,thirdly1 it is ridiculous to suppose that any scientist could have possibly thought that vaccinating #bh inmates in ,schirmeck and #hj in ,natzweiler could have had any possible effect on the likelihood of a typhus epidemic4 ,that ,haagen perjured himself with respect to what he was really doing in ,natzweiler during the course of his typhus experiments is clearly evident from his own letter of #bg ,june #aidd to ,hirt4 ,in a letter of #i ,may #aidd to ,hirt1 ,haagen requested that an additional #bjj persons be furnished to him for his experiments4 7,,no-#abc1 ,pros4 ,ex4 #cjc47 ,supplementary to this request1 he stated in his letter of #bg ,june #aidd that1 8in the subsequent inoculations with virulent typhus which are to be made for the purpose of testing the protective vaccine1 one must count on sickness particularly in the control group which has not received the protective vaccines4 ,these after-inoculations are desirable in order to establish unequivocally the effectiveness of the protective vaccines4 ,this time #aej persons will be used for the protective vaccine and #ej for the control inoculations40 7,,no-#abg1 ,pros4 ,ex4 #cjf47 ,it should be noted specifically that in the letter quoted above1 ,haagen pointed out to ,hirt that sickness was to be expected in the control group which had not received the protective vaccine4 ,haagen testified that this additional group of #bjj inmates requested by him was merely for the purpose of vaccination1 just as he had done in ,december #aidc and ,january #aidd on the #hj experimental subjects4 ,he added that in ,may he had enough vaccine for #bjj more persons and he was merely trying to increase the protection in the camp4 7,tr4 p4 #ifac47 ,the falsity of ,haagen's testimony is clearly apparent from the statement in the letter that sickness was expected in the control group4 ,he had previously testified that there was no reason whatever to expect any more serious reaction to the scarification vaccination in the control group than to the injected vaccine in the immunized group4 7,tr4 p4 #ifah47 ,indeed1 there was every reason to expect that the vaccine injected in the immunized group would bring about a more serious reaction since more vaccine was given by injection than by scarification4 ,haagen applied a much larger quantity of the vaccine in the first two injections of the immunized group than in the scarification vaccination of both the immunized and the control group4 ,the same vaccine was used throughout4 7,tr4 p4 #igaj47 ,the method of vaccination1 whether by injection or scarification1 has no effect on reaction to the vaccine4 ,haagen specifically testified that 8if we vaccinate by scarification we can expect that the effect of the vaccine will be the same as if we inject subcutaneously or intramuscularly40 7,tr4 p4 #igaj47 ,haagen was quite unable to reconcile his statement in his letter to ,hirt of #bg ,june #aidd that 8one must count on sickness1 particularly in the control group0 with his testimony that there was no difference in the reaction to the vaccine as between the immunized and control groups4 ,indeed1 the only possible interpretation of his letter is that instead of vaccinating the immunized and control groups by scarification1 he1 in fact1 infected them with typhus4 ,haagen knew that the unprotected control subjects would become ill with typhus4 ,haagen also had no explanation for the letter of ,kahnt1 ,chief of ,staff to ,schroeder1 of #bi ,august #aidd1 in which he was asked 8whether it may be assumed that the typhus epidemic prevailing at ,natzweiler at present is connected with the vaccine research40 7,,no-#aca1 ,pros4 ,ex4 #cji47 ,he testified that he had completed his vaccinations of the #hj experimental subjects during ,january #aidd and that all of his serological examinations were finished no later than ,february #aidd and that the experimental subjects were released from confinement4 ,haagen submitted a report to the ,luftwaffe no later than ,may or ,june #aidd to the effect that the vaccine had been a success4 7,tr4 pp4 #ifbg-i47 ,there was no reason whatever for ,kahnt and ,rose to address such an inquiry to ,haagen when he had long since completed his experiments1 according to his testimony1 and submitted a success report to the ,luftwaffe at least two months before the inquiry4 ,it is quite impossible that vaccine tests which caused no typhus in the vaccinated persons could cause typhus in other persons1 as suggested by ,rose during his examination4 ,moreover1 it should be noted that ,kahnt's letter clearly indicated an understanding on his part that ,haagen's vaccine research in ,natzweiler was contemporaneous with the epidemic4 ,this1 ,haagen testified1 he could not understand4 ,haagen also had considerable difficulty explaining why1 in his letter of #ai ,september #aidd1 in reply to ,kahnt's inquiry1 he didn't state that he had conducted no vaccinations or experiments in ,natzweiler since ,january #aidd and that his vaccinations had caused no illness in the subjects1 let alone caused a typhus epidemic4 ,haagen simply stated in his letter that1 8,we hereby inform you that no connection existed between the cases of typhus in ,natzweiler and the examinations dealing with typhus vaccine that is to be tested40 ,emphasis added4 7,,no-#acb1 ,pros4 ,ex4 #caj47 ,indeed1 ,haagen himself stated in his reply that the vaccine was still under test1 contrary to his testimony before this ,tribunal4 ,haagen would have the ,tribunal believe that he had no typhus virus strain which was pathogenic to human beings1 that he could not have brought on a serious case of typhus even had he tried to do so4 7,tr4 pp4 #ifjh1 #ifab47 ,in the very same breath he testified 8that there was considerable danger of infection in working about the laboratory and that he gave his assistants a 8risk bonus40 7,tr4 p4 #ifjh47 ,haagen testified that he performed no vaccinations after ,january #aidd4 ,he reiterated this time and again during the course of his examination4 7,tr4 pp4 #ifad-e47 ,when asked his reason for not vaccinating during the typhus epidemic in ,natzweiler in the spring and summer of #aidd1 which offered an opportunity to test the anti-infectious effect of his vaccine under natural conditions1 he lamely answered that he had to make so many official military trips that he had no time4 7,tr4 p4 #ifad47 ,although he had sufficient vaccine to justify his asking for #bjj additional experimental victims in ,may #aidd1 his only effort in the typhus epidemic1 according to his testimony1 was to send them decontamination equipment4 7,tr4 p4 #ifad47 ,it is not readily apparent1 to say the least of it1 just why some other doctor or an assistant of ,haagen could not have performed the vaccinations which ,haagen would have the ,tribunal believe he was so anxious to have done for the protection of the camp4 ,all of the above contradictions and falsifications appear upon the face of ,haagen's testimony as well as from the documents which he had so carefully studied before his appearance4 ,the documents submitted to him during cross-examination reveal his testimony to have been perjurious from start to finish4 ,haagen repeatedly testified that he carried out no vaccinations in ,schirmeck after ,may #aidc4 ,he stated that in ,schirmeck he only performed a single vaccination and not the series of vaccinations to test 8anti-infectious immunity0 because at that time his 8knowledge hadn't progressed so far40 7,tr4 p4 #ifcf47 ,in connection with the ,ipsen vaccine1 about which ,rose had corresponded with him1 he especially denied that he ever proposed to ,rose that experiments be carried out with it4 ,haagen's letter to ,rose of #d ,october #aidc squarely contradicts him on both of these significant points4 7,,no-#bhgd1 ,pros4 ,ex4 #ebj47 ,he stated in his letter that3 8,i already reported to you the numeral results of experiments on human beings4 ,the serum titer is considerably higher1 also after a single vaccination1 in comparison with three vaccinations with deactivated vaccines4 ,i regret that it was not possible so far to perform infectious experiments on the vaccinated persons2 ,i requested the ,ahnenerbe of the ,,ss to provide suitable persons for vaccination1 but have not received an answer yet4 ,we are now performing a further vaccination of human beings2 ,i shall report later about the result4 ,i guess we will then have reached the point of being able to recommend the introduction of our new vaccine for the time being without infectious experiments40 ,emphasis added4 99 99 99 99 99 ,in this same letter of #d ,october #aidc1 ,haagen discussed ,rose's report concerning the ,ipsen vaccine from ,copenhagen4 ,he concluded his letter by stating3 8,if we can get experimental subjects from the ,,ss for test vaccinations1 it would be an opportunity to test the liver vaccine as well on its anti-infectious effect4 ,i would then suggest that our material be used parallel with the ,ipsen tests40 ,thus1 ,haagen testified falsely when he said that he did not propose experiments with ,ipsen vaccine4 ,in his letter he very specifically proposed performing anti-infectious experiments with the ,ipsen vaccine as well as his own vaccine4 ,this again proves that the use of the phrase 8infectious experiments0 could not possibly mean multiple vaccinations with living typhus vaccine4 ,the ,ipsen vaccine was a dead vaccine2 it contained no attenuated virulent virus4 ,three vaccinations with a dead vaccine could not be designated an 8infectious experiment0 even by ,haagen4 7,tr4 p4 #ifee47 ,moreover the defense's own proof shows that the ,ipsen vaccine had already been tested for tolerability and found comparable with other vaccines used by the ,wehrmacht4 ,this is clear from ,rose's letter to the ,behring-,works and ,haagen1 among others1 dated #bi ,september #aidc4 7,rose #hh1 ,rose ,ex4 #ba47 ,it is quite clear that the only type of experiment left open for the ,ipsen vaccine was precisely the kind that ,haagen proposed1 namely1 after-infection of the vaccinated and control subjects with typhus4 ,haagen was further impeached by the notes kept on his typhus experiments by his assistant1 ,miss ,crodel4 7,,no-#cheb1 ,pros4 ,ex4 #eba47 ,haagen definitely identified these notes as having been written by ,miss ,crodel4 7,tr4 p4 #ifia47 ,miss ,crodel had been an assistant of ,haagen's for many years and he found her most reliable4 7,tr4 p4 #igja47 ,he conceded that ,miss ,crodel was very careful in her work4 7,tr4 p4 #ifig47 ,on page three of the notebook appears a series of entries dating from #cj ,april #aidc to #bg ,january #aidd concerning a series of experiments in ,schirmeck4 ,the entry for #ai ,may #aidc shows that two out of four mice injected with his vaccine died4 ,the entry for #bf ,may reads3 87#d weeks7 #c-f1 #j4e per person and #f mice #j4e i4 p41 #e dead1 after #aj1 #ad1 #ad days1 the rest after #d weeks40 ,this entry proves that on that date human beings were inoculated with ,haagen's vaccine4 ,to say the least of this entry1 five mice who were similarly vaccinated died as a result4 ,the phrase 8the rest after #d weeks0 can obviously refer also to deaths among experimental persons since it is quite impossible that this phrase could be used to refer to the one remaining mouse4 ,the entry for #f ,july indicates that on that date ,haagen and his assistants appeared in ,schirmeck for the purpose of withdrawing blood from ten persons1 who had been previously vaccinated1 for a ,weil-,felix reaction test4 ,the entry gives the serum titer value of eight of the experimental subjects4 ,the entry is ended with the laconic note1 8the other two were not here anymore40 ,this entry is conclusive corroboration of the testimony of the witness1 ,george ,hirtz1 who stated that ,haagen had tested his vaccine at ,schirmeck in the summer of #aidc4 ,approximately #bj ,polish inmates were used in these experiments and1 following the inoculations1 two of the experimental subjects died4 ,hirtz testified that he himself sewed up the bodies of the inmates in paper bags and delivered them for cremation4 ,the other experimental subjects had reactions such as high fevers1 shock1 and impairment of speech4 7,tr4 pp4 #abic-abii47 ,his testimony is further corroborated by ,haagen himself1 who stated that two groups of ten inmates were inoculated by him in ,schirmeck4 ,the entry in the ,crodel notes obviously has reference to one of these groups of ten1 and upon arrival of ,haagen and his assistants in the camp for the purpose of withdrawing blood1 it was found that two of the subjects had died4 ,the entry for #d ,october #aidc on page three of the ,crodel notes reads 87six months7 inoculated #bj persons in ,schirmeck1 ,tube--#b cc4 distilled water1 #j4e per person40 7,,no-#cheb1 ,pros4 ,ex4 #eba47 ,this proves not only that ,haagen testified falsely when he stated that he carried out no typhus vaccinations in ,schirmeck after ,may #aidc but also that multiple vaccinations with his vaccine were performed4 ,this entry bears the same date as ,haagen's letter to ,rose1 referred to above1 which also stated that he was performing further vaccinations4 ,the last entry on page three is dated on the original as #bg ,january #aidc and reads3 87#i months7 mixed with the same amounts 7as #ba ,may7 distilled water tube1 #bj persons #a4a cc4 each40 ,the date #aidc is obviously a mistake on the part of ,miss ,crodel in making the entry4 ,this is proved by the fact that the period of time indicated in parentheses in the notes refers to the period of time the vaccine had been stored4 ,haagen so admitted4 7,tr4 p4 #igaa47 ,thus the reference 87#i months70 means that the vaccine being used in that series of experiments had been stored for nine months since #cj ,april #aidc1 the date of the first entry on page three and the time the vaccine was first prepared4 ,that #aidc in the original entry should really be #aidd also is apparent from page four of the notes wherein the last entry is for #bg ,january #aidd4 ,it is a common mistake for one to use the date of the old year during the first month of the new year4 ,haagen inoculated another group of ten persons in ,schirmeck on #aj ,october #aidc and #bj more on #bg ,january #aidd as seen from the entries on page four of the ,crodel notes4 ,again on page five of the original1 the entry for #ad ,october #aidc proves that ten persons were inoculated for the third time with #a4j cc4 of ,haagen's new vaccine4 ,that this entry refers to the virulent murine vaccine and not to the ,gildemeister dead vaccine can be seen from the preceding entry which speaks of four control persons being inoculated three times with ,gildemeister vaccine4 ,this fact is further apparent by comparing the quantity of the injections plus the amount of distilled water used per tube of ,haagen's new vaccine as set forth in other entries4 ,the entry for #be ,may #aidd on page #g of the ,crodel notes states that #cj persons were inoculated in ,natzweiler4 8,the inoculation took place during the incubation period 7in a transport containing also sick people74 ,thirteen became sick in the period from #bi ,may to #i ,june1 of these1 two died40 ,haagen had repeatedly testified that he performed no vaccinations after ,january #aidd in ,natzweiler4 ,not only did he perform experiments after ,january #aidd1 but as proved by the entry quoted above1 subjects died during the course of such experiments4 ,by his own testimony ,haagen proves that these entries deal with an experiment during which the subjects were artificially infected with typhus4 ,although the entry euphoniously states that the vaccinations 8took place during the incubation period10 ,haagen testified1 as had been repeatedly suggested by the prosecution1 that it is impossible to know when persons are in the incubation period4 ,the incubation period is that time between the infection and the first manifestations of the disease4 ,accordingly1 it is impossible to know that a vaccination takes place during the incubation period unless the person has been artificially infected so that the date of infection is known4 7,tr4 pp4 #igja-b47 ,it is significant to note also that the chart on page #ad of ,miss ,crodel's notes uses the word 8nachimpfung10 meaning after-vaccination or re-inoculation1 in connection with multiple vaccination experiments on two mice 7both of which incidentally died71 rather than the word 8nachinfektion10 meaning after-infection or subsequent infection1 which was repeatedly used by ,haagen in his letters concerning experiments on human beings4 ,haagen testified that the defendant ,schroeder visited him on #be ,may #aidd1 the very day on which he was carrying out experiments in ,natzweiler4 7,tr4 p4 #ifcb47 ,while it is1 of course1 entirely possible that ,schroeder may have visited ,haagen on #bd or #bf ,may1 rather than on #be1 the fact is quite clear that in any event ,haagen's very important experiments on typhus were discussed with ,schroeder1 contrary to the testimony of both men4 ,the same is true with respect to the visit of the defendant ,becker-,freyseng which took place shortly after that of ,schroeder 7,tr4 p4 #iefi7 and of ,rose who visited ,haagen both in #aidc and #aidd4 7,tr4 p4 #iegj47 ,haagen's statement that ,becker-,freyseng came all the way from ,berlin to discuss with him the procurement of rabbits and mice is as incredible as the rest of ,haagen's testimony4 ,the defendant ,schroeder testified that ,haagen's research assignment was not secret and attempted to argue on that basis that nothing criminal could have happened4 7,tr4 p4 #cfed47 ,without pausing to point out the stupidity of such an argument1 suffice it to say that ,schroeder's testimony was proved to be false by a list of research assignments issued by ,schroeder's office in #aidd4 ,haagen's typhus work was classified secret4 7,,no-#icd1 ,pros4 ,ex4 #deh47 ,the testimony of the witness ,nales corroborates the proof outlined herein above3 ,that ,haagen performed experiments to test the immunity of his vaccine by artificially infecting the subjects with typhus4 ,nales1 a ,dutch citizen1 was arrested by the ,gestapo in #aidj for allegedly participating in a resistance movement4 ,although he was tried and acquitted1 he was committed to ,buchenwald concentration camp in ,april #aida4 ,in ,march #aidb he was transferred to ,natzweiler and in ,november #aidb he became a nurse in the ,ahnenerbe experimental station there4 7,tr4 pp4 #ajdji-ab47 ,he stated that in the latter part of #aidc1 #ajj gypsies were sent to ,natzweiler from ,auschwitz for ,haagen's typhus experiments4 ,haagen found them physically unsuitable and thereafter an additional #ij gypsies were shipped in4 ,these were divided into two groups and confined in separate rooms in the ,ahnenerbe experimental station4 ,one group was vaccinated against typhus4 ,approximately #ad days later1 both groups were artificially infected with typhus4 ,as a result1 about #cj of the subjects died4 ,nales nursed the victims himself and saw the bodies4 ,he talked to the subjects frequently and knows they did not volunteer1 as indeed ,haagen himself admitted on the stand4 ,the gypsies were of various nationalities including ,poles1 ,czechs1 ,hungarians1 and ,germans4 7,tr4 pp4 #ajdai-bc47 99 99 99 99 99 ,haagen's long continued activity in ,schirmeck and ,natzweiler can be clearly seen from his account book on research tasks on yellow fever and typhus4 ,his work in ,schirmeck began as early as #bj ,april #aidc4 ,he was placing telephone calls to ,schirmeck late in ,august #aidd1 over a year after ,haagen's alleged 8last vaccination0 there4 ,these accounts were charged to the ,medical ,service of the ,luftwaffe4 7,,no-#chcg1 ,pros4 ,ex4 #edb47 ,they were in such detail as to reveal on their face his activity in the concentration camps4 7,,no-#cdej1 ,pros4 ,ex4 #eai47 ,haagen admitted that by infection experiments one could mean only one of three things--7#a7 subsequent artificial infection with typhus1 7#b7 vaccinations of large groups of people and then studying efficacy during a natural epidemic1 and 7#c7 ,weil-,felix reaction tests carried out before and after a subsequent vaccination4 7,tr4 p4 #ifja47 ,he admitted that the prosecution's interpretation of 8infection experiments0 and 8subsequent infection0 was equally consistent with his own4 7,tr4 p4 #ifaa47 ,he admitted that the word 8nachimpfung0 7subsequent vaccination7 could have been used as well as 8nachinfektion0 7subsequent infection74 7,tr4 p4 #ifaa47 ,there are no refined questions of documentary interpretation presented to the ,tribunal4 ,the simple issue is whether ,haagen committed crimes during the course of his experiments4 ,there is no dispute that these were 8experiments04 ,haagen repeatedly used the word in his own letters4 ,there is no dispute that the inmates used as subjects were nonvolunteers1 among whom were nationals of ,german occupied countries4 ,haagen admitted as much4 ,the documents and the testimony prove that a substantial number of subjects were killed during the course of these experiments4 ,against this overwhelming proof stands the testimony of ,haagen and ,rose1 both of whom perjured themselves repeatedly on the stand4 ,indeed1 their own testimony is the best circumstantial proof as to the criminality of the experiments4 ,one does not gratuitously testify falsely4 ,those who fear the light of truth commit perjury4 ,these men regard their oaths as lightly as they did the lives of their helpless victims4 ,the guilt of ,rose and ,haagen is the measure of the guilt of ,schroeder4 ,as a medical officer of the ,luftwaffe1 ,haagen was subject to his orders4 7,tr4 p4 #cfcf47 ,the office of ,schroeder issued the research assignments pursuant to which these experiments were carried out4 ,it provided the funds with which to carry them out4 ,it received reports on the experiments and knew they were performed on concentration camp inmates4 7,tr4 p4 #ageh47 ,schroeder was himself in ,strasbourg at the very time the experiments were going on4 ,his guilt is clear and unequivocal4 c4 ,selections from the ,argumentation of the ,defense ,,extract ,,from ,,the ,,closing ,,brief ,,for ,,defendant ,,rose ,statements ,regarding the ,question of ,responsibility of the ,defendant ,rose for the ,typhus ,experiments of ,professor ,eugen ,haagen in the ,concentration ,camps at ,schirmeck and ,natzweiler and the ,question of the ,participation in ,these ,experiments ,in order to reach a decision on the question of whether punishable behavior on the part of the defendant ,rose is established1 the ,tribunal will have to examine the following3 ,did ,professor ,rose1 in his capacity as consulting hygienist with the ,luftwaffe ,medical ,inspectorate1 have any commanding authority or the right and obligation of supervision at all over ,professor ,eugen ,haagen at the ,university of ,strasbourg8 ,did the defendant ,rose participate in a penally relevant form in the experiments with typhus vaccine conducted by ,haagen in the concentration camps at ,natzweiler and ,schirmeck8 ,if so1 the question of whether ,haagen made himself liable to punishment or not can be left completely undecided4 ,as far as the first question is concerned1 one thing is certain4 ,above all1 ,professor ,haagen was a full professor at the ,university of ,strasbourg at the time and also director of the ,institute for ,hygiene at this ,university4 ,at the same time he was consultant on hygiene for the civil administration of ,alsace4 7,german ,tr4 p4 #iebf47 ,during the war1 in addition to this1 he was a part-time consulting1 hygienist with an ,air ,fleet4 ,finally1 he applied for so-called research assignments for his experiments1 including his typhus experiments1 that is1 in practice1 financial aid4 ,first of all1 it must be ascertained in which of his many capacities ,professor ,haagen conducted his experiments4 ,in this connection the facts are perfectly clear4 ,as a witness1 ,professor ,haagen himself explained that he requested and received the research assignments which made possible his experiments1 not as an officer of the ,luftwaffe1 but as director of a civilian research institute4 ,as usual1 therefore1 the initiative was taken by the scientist4 7,becker-,freyseng #gj1 ,becker-,freyseng ,ex4 #dh2 ,tr4 pp4 #fbea-c2 ,german ,tr4 pp4 #gida-b1 #hcii1 #iehc-e47 ,the correctness of this description can be seen from the letter of ,professor ,haagen1 submitted by the prosecution1 addressed to the rector of the ,university of ,strasbourg1 dated #g ,october #aidc4 7,,no-#acg1 ,pros4 ,ex4 #ahi47 ,in this letter ,haagen requests his civilian superior1 the rector of the ,university of ,strasbourg1 for special privileges for the ,institute for ,hygiene of the ,university 7i4 e41 a civilian institution7 based on the research commissions assigned to him4 ,the fact that the position of ,professor ,haagen was also interpreted by the ,luftwaffe in this manner can be seen1 for example1 from the style of the letters addressed to him in matters relevant to his research and vaccine production assignments4 ,they are not clothed in the manner of military orders1 but possess the character of correspondence with a civilian office which was not subordinate to the ,luftwaffe1 either in the matter of receiving orders or of being under its supervision4 ,a number of those invested with such research assignments have described to the ,tribunal how they accepted these assignments for opportunistic reasons1 e4 g41 to obtain priority grading and to protect their personnel from being drafted to military service4 ,however1 the fact that no subordinate relationship or supervisory right arose through the acceptance of such an assignment1 can be seen likewise from the numerous statements of the recipients of such ,luftwaffe assignments4 7,schroeder #cj1 ,schroeder ,ex4 #bb2 ,schroeder #ca1 ,schroeder ,ex4 #bc2 ,becker-,freyseng #gi1 ,becker-,freyseng ,ex4 #fc2 ,german ,tr4 p4 #fgbj47 ,obligations arose solely with regard to the computation of the money allowed1 the reporting of any possible results achieved1 as well as the mention of assistance in the event of a scientific publication4 ,moreover1 such financial aid is in no way limited to ,germany but is common in many countries4 ,no responsibility for possible errors and crimes1 which the recipients might commit1 can result from such financial assistance4 ,as a matter of fact1 ,haagen never received a special individual assignment to carry out a certain series of experiments1 but he was accorded1 as per request1 assistance for 8typhus research40 ,however1 financial assistance for typhus research is something quite normal4 ,incidentally1 ,haagen not only utilized the means put at his disposal by the ,luftwaffe1 but also contributions from the ,reich ,research ,council and1 most important1 the personnel and equipment of his institute4 ,therefore1 his typhus research was not a part of his military activities but was carried out within the scope of his civilian activities4 ,also1 the fact that a reserve officer of the ,luftwaffe1 namely1 ,staff ,physician ,stabsarzt ,graefe1 appears as a collaborator in his typhus research work1 alters none of the facts of the case4 ,it is true that ,graefe was a reserve officer in the same way as ,haagen4 ,however1 his main profession was that of assistant in the ,institute for ,hygiene of the ,university of ,strasbourg1 and in this capacity he was subordinate to ,professor ,haagen who was1 of course1 the director of this institute4 ,he was in no way subordinate to ,haagen in the military sense1 but to the ,air ,force ,area ,,vii4 7,german ,tr4 p4 #igah47 ,staff ,physician ,graefe1 who was drafted into the ,luftwaffe1 was transferred1 therefore1 for purposes of further training1 to the civilian institute where he worked as an assistant in peacetime4 ,such incidents occurred quite frequently in order to enable research activities in civilian institutes to be continued in wartime4 ,as a result of this assistance given in respect of personnel1 these civilian offices did not fall under the command and supervision of the military authorities4 ,the fact that ,professor ,haagen felt himself to be completely independent in his research activities can also be seen unequivocally from the fact that he procured further assistance from other offices disregarding his subordinate position with respect to the military4 ,this means1 without going through the military channels which were prescribed as binding in military matters4 ,in his capacity as ,oberstabsarzt of the ,luftwaffe1 he could not deal with the ,reich ,research ,council without informing his superior thereof4 ,even less could he deal with the ,reich ,leader ,,ss1 with other offices of the ,,ss1 or1 for example1 with the ,generalarzt ,schreiber1 who belonged to the army4 ,he was1 however1 well able to do all of this in his capacity as director of the ,institute for ,hygiene of the ,university of ,strasbourg4 ,the correctness of this statement is shown most clearly in the important point1 namely the procurement of experimental subjects in the concentration camps4 ,in this case he did not conduct negotiations through military channels via the ,medical ,inspection of the ,luftwaffe1 but through his civilian channels1 through the mediation of his university colleague1 ,professor ,hirt1 via the ,ahnenerbe4 ,he never informed his military superiors of these negotiations nor asked for their assistance therein1 for as matters were1 there was no reason to do so4 ,the files show quite clearly that ,professor ,haagen had already conducted his experiments on prisoners in ,schirmeck in ,may of #aidc in the same way as he continued them until the middle of #aidd4 ,in ,may of #aidc1 however1 ,haagen was--in a military sense--on leave of absence1 and as far as his activities were concerned he was in no way subject to the supervision of the ,luftwaffe4 ,his appointment as consulting hygienist did not ensue until after #ad ,july #aidc1 because the letter from the ,reich ,minister of the ,luftwaffe dated #ad ,july #aidc was not addressed to ,consulting ,hygienist ,haagen1 but to ,staff ,physician ,stabsarzt ,haagen1 who had been given leave to work in his institute4 7,,no-#big1 ,pros4 ,ex4 #caf47 ,after his appointment as consulting hygienist1 however1 his research activities do not differ in any way from those which he performed before this appointment4 ,they remained civilian research activities as formerly4 ,further attention should be called to the fact that the ,luftwaffe showed no special interest in ,professor ,haagen's research work4 ,the only real interest of the ,luftwaffe might have been in the actual production of vaccine4 ,they tried to influence him in this connection1 but without practical success4 ,the ,luftwaffe received no typhus vaccine from ,haagen4 ,his research activities had no connection with the wishes of the ,luftwaffe regarding production2 they were even in conflict with these interests4 ,the prosecution1 it is true1 has submitted a number of accounts from which it can be seen that telephone calls to ,schirmeck and ,natzweiler were paid for from ,luftwaffe funds4 7,,no-#cdej1 ,pros4 ,ex4 #eai2 ,,no-#chcg1 ,pros4 ,ex4 #edb47 ,even if one were to consider the fact proved that these calls were in connection with his work in concentration camps1 the whole nature of the accounts shows that ,haagen treated his research work as a unit and divided the costs according to his own point of view among the different funds which had been placed at his disposal4 ,the purpose served by the telephone calls cannot be inferred from the accounts alone4 ,the arbitrary division of costs can be seen1 for example1 from the fact that a whole series of expenditures entered under 8,influenza ,account0 referred to his typhus work4 ,the department receiving the expense sheets had no possibility of checking in detail the purpose to which each enumerated item was put1 and who the participants in the telephone conversations were4 ,sufficient facts have already been produced to show that1 in general1 the ,luftwaffe bore no responsibility for the research activities of the ,university ,professor ,haagen4 ,nevertheless1 it is proposed to examine the question of whether a responsibility on the part of the defendant ,rose for ,haagen's research work can be deduced from the fact that ,professor ,rose was consulting hygienist with the ,medical ,chief of the ,luftwaffe2 because the prosecution is mainly attempting to construe responsibility on the part of the defendant ,rose from 7#a7 the existence of the research assignments given by the ,luftwaffe2 and 7#b7 the fact that ,professor ,haagen belonged to the ,luftwaffe as a reserve officer4 ,there can be no doubt that ,haagen was the medical officer of the ,luftwaffe4 ,first of all1 he was consulting hygienist with the ,air ,fleet #a until the year #aida4 ,then he was given leave to work in his ,institute for ,hygiene until a certain time1 which must have been shortly after #ad ,july #aidc4 ,then he became consulting hygienist with the ,air ,fleet 8,mitte0 which was later renamed ,air ,fleet 8,reich04 ,however1 he did not conduct his experiments in his capacity as consulting hygienist4 ,the tasks of a consultant did not include scientific research4 ,they lay in other fields4 ,professor ,haagen was never subordinate to the defendant ,rose even in this military position as consulting hygienist of an ,air ,fleet4 ,on the other hand1 the defendant ,rose had neither commanding authority1 and neither the right nor the duty of supervision as far as ,haagen was concerned4 ,from a military standpoint ,haagen was subordinate to his air fleet physician in every respect4 ,incidentally1 the defendant ,rose had no superior rights nor supervisory obligations either with respect to ,professor ,haagen or to all the other consulting hygienists of the ,luftwaffe4 ,his official duties were exclusively limited to consultations with the ,medical ,inspector1 that is1 the ,chief of the ,medical ,service of the ,luftwaffe4 7,compare ,rose #f1 ,rose ,ex4 #f2 ,rose #g1 ,rose ,ex4 #g2 ,rose #h1 ,rose ,ex4 #bi2 ,handloser #ab1 ,handloser ,ex4 #ab2 ,tr4 pp4 #bihg1 #fbei2 ,german ,tr4 p4 #ccdf47 ,there is no need to comment further on the fact that the defendant ,rose particularly did not possess such rights and obligations with respect to ,haagen in his capacity as a research scientist and director of the institute of the ,university of ,strasbourg1 which was in no way subordinate to the ,luftwaffe4 ,the correctness of these statements was unequivocally confirmed on the witness stand during my examination1 not only by ,professor ,haagen himself 7,german ,tr4 pp4 #ifgi-hj7 but also by the defendant ,schroeder1 who1 after all1 should know1 having been the former ,chief of the ,medical ,service of the ,luftwaffe4 7,german ,tr4 p4 #cgcd47 ,these facts should be sufficient to show that the defendant ,rose had neither the power of command and neither the right nor obligation of supervision over ,professor ,haagen4 ,we still have to examine the second question of the possible participation of the defendant ,rose in ,professor ,haagen's research work in the concentration camps at ,natzweiler and ,schirmeck4 ,it is incontestable that the defendant ,rose was cognizant of the fact that the ,luftwaffe gave several research assignments to ,professor ,haagen1 and that the reports issued by ,haagen within the framework of these assignments were sent to him for his information4 ,however1 these reports never contained details from which a criminal activity on the part of ,professor ,haagen could have been inferred or assumed4 ,even the prosecutor1 ,mr4 ,mc,haney1 during his interrogation of the defendant ,rostock1 expressly declared that even he doubted whether ,haagen would have disclosed such details4 7,german ,tr4 p4 #ccdf47 ,this interpretation corresponds completely with the facts4 ,professor ,haagen's reports consisted purely of scientific research work which was designated for publication4 ,no reader could gather that they were based on illegal experiments4 ,a plan of experiments was never submitted by ,haagen in detail4 ,as has already been stated1 it is true that the defendant ,rose knew of the research commissions which had been assigned to ,professor ,haagen by the ,luftwaffe4 ,according to the nature of his official position1 however1 he exercised no influence on the assignment of such commissions4 ,there were no misgivings about the assignments as such1 for nothing of a suspicious or objectionable nature could be seen from their formulation4 7,becker-,freyseng #cg1 ,becker-,freyseng ,ex4 #bc47 ,this situation is not altered by the fact that the defendant ,rose visited ,professor ,haagen twice in ,strasbourg during the course of the war1 the first time in the year #aidc and the second time in #aidd4 ,clearly outlined assignments were dealt with on both occasions4 ,during the first visit the question was discussed whether ,haagen wished to reassume in addition the functions of a consulting hygienist of an ,air ,fleet4 ,the second visit resulted from the desire of the medical inspection of the ,luftwaffe that ,haagen should comply with the request repeatedly made to him1 to take up the production of vaccine4 ,this second visit further served the purpose of discussing the question of a particularly expensive but necessary installation for reproducing various climates for the rabbit hutch in ,professor ,haagen's ,institute4 ,the reasons just mentioned for these two visits will be substantiated by documents submitted4 ,the question regarding ,professor ,haagen's assumption of the functions of a consulting hygienist with the ,air ,fleet 8,mitte0 is mentioned in the letter from ,rose addressed to ,haagen1 dated #i ,june #aidc1 7,,no-#cjf1 ,pros4 ,ex4 #bif7 the procurement of the climate installation in ,document ,,no-#bhgd1 ,prosecution ,exhibit #ebj4 ,moreover1 the first of these two documents just mentioned shows quite clearly that the defendant ,rose had no influence on the assignment of research commissions to ,haagen4 ,in answering a question from ,haagen relevant to this matter1 ,rose had to limit his reply to the statement that the competent expert was absent4 ,in examining the relationship between ,rose and ,haagen1 their further exchange of correspondence must also be mentioned4 ,rose met ,haagen when they were both division chiefs at the ,robert ,koch ,institute in ,berlin from #aicg until #aida4 ,both were specialists in the field of research into infectious diseases4 ,haagen specialized in virus diseases including typhus4 ,the defendant ,rose specialized in tropical diseases1 parasitology1 and vermin control4 ,this fact explains the existence of a scientific private correspondence1 part of which can be found in the files4 ,according to the testimony of the witness1 ,olga ,eyer1 this correspondence was extremely cursory and consisted of only five to six letters from #aida to #aidd1 during which time ,fraeulein ,eyer was ,haagen's secretary4 7,german ,tr4 p4 #agha47 ,the prosecution is obviously in possession of the entire exchange of correspondence between ,rose and ,haagen4 ,the letters the prosecution has submitted from this correspondence deal with two subjects3 ,the first group consists of the two letters of #e ,june #aidc and #i ,june #aidc 7,,no-#cje1 ,pros4 ,ex4 #bie2 ,,no-#cjf1 ,pros4 ,ex4 #bif7 which contain an answer to the questions on the production technique of typhus vaccine4 ,rose1 who himself is not a specialist in this field1 had requested technical information and had received it4 7,in passing1 it should be stated that the #cj to #dj persons mentioned in this exchange of correspondence signified the required manpower figure and not possible experimental subjects1 as the prosecution asserts47 7,german ,tr4 p4 #ijfc47 ,the principal letter of ,haagen to ,rose1 dated #d ,june #aidc1 which is mentioned in ,rose's reply dated #i ,june #aidc1 would clear up the matter absolutely unequivocally4 ,unfortunately1 it has not been submitted by the prosecution4 ,the second part of the correspondence between ,rose and ,haagen concerns the attitude of ,haagen to the ,copenhagen vaccine4 ,among others1 ,rose had also informed ,professor ,haagen1 one of the leading ,german typhus-research scientists1 about the result of his conversation with ,dr4 ,ipsen in ,copenhagen1 as can be seen from the distribution of the report on the ,copenhagen trip4 7,rose #bb1 ,rose ,ex4 #ba47 ,this second part of the correspondence developed as a result of the transmission of this strictly scientific information1 and the following letters from it were introduced by the prosecution during the trial3 ,letter from ,haagen to ,rose dated #d ,october #aidc 7,,no-#bhgd1 ,pros4 ,ex4 #ebj74 ,letter from ,haagen to ,rose dated #bi ,november #aidc 7,,no-#ajei1 ,pros4 ,ex4 #dij74 ,letter from ,rose to ,haagen dated #ac ,december #aidc 7,,no-#abb1 ,pros4 ,ex4 #bih74 ,professor ,rose furnished a detailed explanation of this exchange of correspondence during his direct examination4 ,at the time he was only in possession of his aforementioned letter to ,haagen dated #ac ,december #aidc1 whereas the two other letters were still withheld by the prosecution4 ,although1 as a result of this1 he was put in the difficult position of having to testify regarding an exchange of correspondence which took place four years ago1 only a part of which he had available for reference1 the correctness of his statements was completely confirmed in the essential points by the two other letters which were not introduced until later in the trial4 7,tr4 p4 #fbha47 ,it can be seen quite definitely from the first paragraph of ,haagen's letter to ,rose dated #d ,october #aidc that the actual interest of the defendant ,rose lay in inducing ,professor ,haagen to produce a proven vaccine4 ,the question hinged on the climate installation which was necessary for the production of the ,giroud vaccine from the lungs of rabbits4 ,it was only necessary to establish an additional production plant for the ,luftwaffe because the vaccine concerned was obtained from dead typhus bacilli and had been introduced for some time4 ,at the end of his letter ,professor ,haagen once more refers to this purely technical question of production4 ,in his letter ,haagen also expresses his opinion and valuation of the ,ipsen method4 ,the penultimate paragraph of this letter is particularly important4 ,it describes the great importance ,professor ,haagen attached to the serological experiments in weighing the results of the vaccination and of the state of immunity4 ,he writes in this connection3 8,i generally regret that1 in judging immunity1 much too little consideration is being given to the serological reaction4 ,my experiments with the nonphenolized vaccine particularly proved again that the titer of agglutination should be considered4 ,no doubt1 much greater importance must again be attached to the serological result when judging the state of immunity in accordance with our present opinion on the course of the infection of the virus diseases1 especially in their initial stages40 7,,no-#bhgd1 ,pros4 ,ex4 #ebj47 ,at the end of his letter1 ,haagen suggests that his own vaccines and the ,ipsen vaccine be compared by examination4 ,this is unequivocal proof of the proposal having been made by ,haagen4 ,the defendant ,rose had not the slightest reason to assume that ,professor ,haagen intended to perform an immunity check with a virulent virus causing disease in human organism1 since the ,professor particularly stressed the importance of serological methods when testing the condition of immunity4 ,on the contrary1 he had to assume that ,professor ,haagen considered such an infection superfluous4 ,the prosecution objects to the fact that ,haagen1 when discussing the planned experiments in his correspondence with ,rose1 used such terms as 8experiments of infection0 and 8subsequent infection40 ,but ,professor ,rose knew that ,haagen was engaged in the development of live vaccine nonpathogenic to human beings4 ,he even mentioned this in his lecture on typhus and malaria at ,basel in #aidd4 7,rose #be1 ,rose ,ex4 #ca47 ,every expert knows that the application of living virus for the purpose of protective vaccination is a procedure of infection4 ,he was aware that ,haagen worked on the further development of the method evolved by the ,frenchman ,blanc4 ,this1 too1 can be found in the same passage of his ,basel lecture mentioned above4 ,the fact that the term 8subsequent infection0 was used by ,professor ,haagen in distinguishing protective vaccinations from live and weakened vaccines could in no way surprise or startle him4 7,rose #fi1 ,rose ,ex4 #ei2 ,rose #fj1 ,rose ,ex4 #fj2 ,tr4 pp4 #fbie-f2 ,german ,tr4 #ifci47 ,it must be pointed out in this connection that the notes of the ,natzweiler camp physician himself distinctly describe the vaccination which ,haagen had occasionally called 8subsequent infection10 as 8vaccination04 ,his entries of #bb ,march #aidd state that 8the actual #8vaccination' will now be carried out after two protective vaccinations have taken place40 7,german ,tr4 p4 #ighb47 ,the report taken from the ,tropical ,diseases ,bulletin which ,i introduced in this trial shows1 however1 quite clearly that these infections were not dangerous and could1 in the main1 be controlled4 7,rose #eh1 ,rose ,ex4 #eh47 ,this report states that the ,blanc live typhus vaccine was used by the ,french ,government in ,algeria in #c4e million cases to combat typhus1 and that as a result of these protective vaccinations1 real typhus illness was found in only #e-f cases per thousand4 ,if one compares this figure of #e-f per thousand with the total number of the vaccinations1 it appears that in the course of this vaccination action carried out by the ,french ,government1 #ag1ejj to #ba1jjj cases of typhus illness took place as a result of vaccination4 ,this result may justly give weight to the assumption that the ,french ,government considered these incidents a justifiable and tolerable risk in view of the extent of the threatened danger4 ,it would be unfair to blame the defendant ,rose for having taken no steps at all on learning that another research scientist1 namely ,haagen 7who was not subordinated to him7 was using a method which he knew was widely practiced4 ,he had much less reason to do so since it was ,haagen who tried by preliminary vaccinations with dead vaccines to avoid and to reduce the extent of the vaccination reactions and the danger of sickness as a result of the vaccination4 ,haagen's reports and publications only deal with this object of a preliminary vaccination with dead vaccines and of the subsequent vaccination with a live1 virulent vaccine nonpathogenic to human beings 7subsequent infection74 ,this field1 with which he was not so familiar1 was described in detail by the defendant ,rose in his direct testimony4 ,when interrogated1 ,professor ,haagen1 as the actual originator of the plans1 substantially enlarged and in some instances corrected this description4 ,it does not seem feasible to me to classify as criminal1 experiments which tend to make more bearable and less dangerous a recognized method already applied on millions of people4 ,in addition1 there is no reply from the defendant ,rose to this letter from ,professor ,haagen of #d ,october #aidc4 ,it is not certain whether he actually received it4 ,however1 the possibility that he did receive it cannot be denied4 ,chronologically1 the next letter in this correspondence is ,haagen's letter to ,rose of #bi ,november #aidc4 7,,no-#ajei1 ,pros4 ,ex4 #dij47 ,the defendant ,rose cannot remember ever having received this letter4 ,it is true that after this letter had been submitted to him by the prosecution during cross-examination1 ,professor ,rose assumed that he must have received it1 judging by the date and the conditions of the postal service at that time4 7,tr4 p4 #fdbh47 ,however1 he was misled when making this statement by a mistake in the reproduction4 ,whereas this letter is actually dated #bi ,november #aidc1 the date on the letter is given as #bi ,november #aidb in the ,german mimeographed copies distributed by the prosecution in the course of the cross-examination4 ,thus it was sent at a time when large quantities of mail were destroyed in trains or at post offices by the heavy air raids on ,german towns and communications4 ,according to the resultant state of affairs1 it is probable that he actually did not receive this letter4 ,in this very letter ,professor ,haagen mentions that #ah of the #ajj inmates had already died en route4 ,the answers the defendant ,rose gave on cross-examination before this letter had been submitted to him show clearly that he could not remember such information4 7,tr4 p4 #fdbd-e47 ,he would hardly have been able to forget such a gruesome report if he had actually received this letter4 ,it also cannot be stated that the defendant ,rose could only have written his letter to ,haagen of #ac ,december #aidc 7,,no-#abb1 ,pros4 ,ex4 #bih7 after having received ,haagen's letter of #bi ,november #aidc4 ,prosecuting counsel1 ,mr4 ,mc,haney1 however1 alleged this when cross-examining ,rose 7,tr4 p4 #fdca7 thus causing confusion in the mind of the defendant ,rose4 ,for1 in reality1 ,rose's letter of #ac ,december #aidc is the reply to a further letter from ,haagen dated #h ,december #aidc1 as appears clearly from the introductory sentence in ,rose's letter of #ac ,december #aidc4 ,from this state of affairs it can only be concluded that either ,professor ,haagen did not mail this letter at all--perhaps in view of the information contained therein about the unfavorable conditions of health of the inmates--or else the defendant ,rose did not receive the letter because it was destroyed along with a lot of other mail of the same date in the heavy air raids4 ,the prosecution1 no doubt1 would not have failed to introduce this letter into evidence if the defendant ,rose had replied to ,haagen's letter dated #bi ,november #aidc4 ,professor ,haagen's suggestion in his letter of #d ,october #aidc that the ,copenhagen vaccine be tested1 is again dealt with in ,rose's letter of #ac ,december #aidc4 ,in this letter ,rose exclusively speaks of the testing of vaccine1 without mentioning infections at all4 ,in the letter a parallel is drawn to the ,buchenwald typhus experiments only insofar as he indicated the advantage of the simultaneous testing of several vaccines4 ,on direct examination1 that is1 prior to the submission of other documents which give greater clarification to the whole matter1 the defendant ,rose stated quite clearly and in agreement with subsequent evidence and the later testimony of ,haagen1 that the point in question was the application of the ,copenhagen vaccine for preliminary vaccination1 aiming at the weakening of the vaccination reaction in connection with subsequent vaccination with a live1 avirulent vaccine nonpathogenic to human beings4 ,the two biologically parallel conditions which are obvious to every layman1 one1 the weakening of a reaction following vaccination with a live vaccine1 and two1 the weakening of a natural sickness1 were explained in detail by ,professor ,rose on direct examination4 7,tr4 p4 #fbha47 ,finally1 it must be emphatically pointed out that the plan discussed in this correspondence to test the effect of the ,copenhagen vaccine on the weakening of vaccination reactions followed by the application of the new live avirulent typhus vaccine pathogenic to human beings as compared with other vaccines1 was not carried out at all4 ,after ,haagen had succeeded in weakening the reaction in another way1 namely by long storage1 he was no longer interested in the ,copenhagen vaccine4 7,becker-,freyseng #fbeh2 ,german1 ,tr4 #ifad-e47 ,therefore1 there only remains the examination of the question of whether the defendant ,rose was responsible for ,haagen's activities1 knowing that ,professor ,haagen had performed experiments on inmates with live avirulent typhus vaccines still in the testing stage4 ,apart from the correspondence discussed just now 7part of which did not deal with experiments at all1 while the other part referred to the discussion of an experimental plan which had been temporarily under consideration71 the defendant ,rose was only informed of ,haagen's activities through the latter's reports which were sent to him for information and comments by the chief of the ,medical ,service of the ,luftwaffe1 through official channels4 ,these1 however1 either contained simple information about the fact that ,professor ,haagen had asked for and received a commission for research1 or else they were scientific publications containing nothing to which objections could be made4 ,the prosecution concluded from the letter of the ,luftwaffe ,medical ,academy1 dated #g ,july #aidd to the ,luftlottenarzt ,reich ,air ,fleet ,physician ,reich that ,haagen must have infected human beings with virulent typhus bacilli which were pathogenic to human beings because 8control persons0 were mentioned in this letter4 7,,no-#abh1 ,pros4 ,ex4 #cjg47 ,this letter approves the publication of ,professor ,haagen's work and that of his assistant ,crodel3 8,experiments with a ,new ,dried ,typhus ,vaccine40 ,this work which had been submitted to the defendant ,rose prior to publication actually shows clearly that these controls were meant to be a comparison of the results of serological examinations on patients from the camp epidemic with the serological examinations on persons protectively vaccinated4 ,haagen1 whose main interest was in serological examinations1 as already mentioned1 had no reason whatsoever to perform artificial infections since the epidemic in the concentration camp at ,natzweiler offered an abundance of persons for the purposes of comparison4 ,finally it must be stated1 in addition1 that the experimental plans discussed in ,haagen's letter of #bg ,june #aidd to ,professor ,hirt never became known to the ,luftwaffe ,medical ,inspectorate nor to ,rose4 7,,no-#abg1 ,pros4 ,ex4 #cjf47 ,moreover1 the general development of the situation 7,haagen's absence from ,strasbourg1 evacuation of the camp at ,natzweiler1 etc417 shows that this planned experiment could never have been performed4 ,the truth of this statement is further clearly proved by the testimonies of the witnesses ,broers and ,nales1 according to which no more typhus vaccinations took place after ,april #aidd4 99 99 99 99 99 ,,extracts ,,from ,,the ,,final ,,plea ,,for ,,defendant ,,mrugowsky#ei ,the prosecution stated in its plea3 ,if ,grawitz were still alive1 he would sit here as one of the principal defendants on the defendants' bench4 ,this is certainly true4 ,but ,grawitz passed sentenced on himself4 ,and what does the prosecution do8 ,it indicts ,mrugowsky instead of ,grawitz4 ,it does not consider in its arguments that ,mrugowsky was not a private person but a medical officer in the ,waffen ,,ss1 that is a soldier1 and that ,grawitz and ,himmler were his military superiors4 ,it speaks of conspiracy but it does not examine thereby to what extent a conspiracy may be conceived when military subordination plays its part4 ,in its summing-up1 both written and oral1 the prosecution merely submitted the original allegations of the indictment4 ,it completely ignored the evidence produced by the defendants1 and merely pointed out a little scornfully that this evidence was mostly composed of affidavits4 ,but this is no fault of the defendants4 ,they would have preferred to be able to produce counter-proof taken from their own records4 ,but all the documents belonging to the defendants and to other offices1 from which the prosecution evidence emanates1 are in the hands of the prosecution4 ,it merely submitted those parts of the documents which1 torn from their context1 seem to incriminate the defendants4 ,on the other hand1 the prosecution made it impossible for the defendants to find the records connected with the prosecution evidence which would ensure a complete elucidation of the true facts4 ,i would ask the ,tribunal to consider in particular this difficult position of the defendants with regard to evidence4 ,it places particular emphasis on the old legal principle that the defendant is considered not guilty until his guilt has been proved1 and in doubtful cases the ,court is to decide in favor of the defendant4 ,the charges against ,mrugowsky are composed of three groups3 7#a7 ,the typhus experiments and the aconitine execution which did not concern volunteers4 ,in these cases the ,tribunal will have to consider whether state emergency contended by ,mrugowsky really existed1 and if so1 if the typhus experiments and the aconitine execution were justified4 ,if the answer is in the affirmative1 then neither the typhus experiments nor the aconitine execution is criminal1 since there is no objection raised as to the manner in which they were performed4 ,if the question is answered in the negative1 then the next consideration is1 if and to what extent ,mrugowsky participated in them and if he is responsible under criminal law4 7#b7 ,the second group consists of the actions of ,ding which he performed on his own initiative1 e4 g41 his participation in a killing by phenol and the poison experiment on #f persons4 7#c7 ,the third group consists of the protective vaccinations for which volunteers were available1 according to the evidence produced by the prosecution4 ,the defendant ,mrugowsky is indicted first of all for his alleged participation in the typhus experiments at ,buchenwald and in other medical experiments4 ,in its submission of evidence1 the prosecution treated these experiments as criminal and as experiments performed by doctors4 ,during the examination of the experts1 ,professor ,leibbrandt and ,professor ,ivy1 the prosecution also treated these medical experiments as experiments performed by doctors and asked the experts if these experiments were to be considered as admissible from the point of view of medical ethics4 ,i am convinced that the experiments on which the prosecution bases its indictment were in no way experiments which originated from the initiative of the executive physicians themselves4 ,the experiments were a form of research work necessitated by an extraordinarily pressing state emergency1 and ordered by the highest competent governmental authorities4 ,professor ,ivy also admitted that there is a fundamental difference between the physician as a therapeutist and the physician as a scientific research worker4 ,when asked by ,dr4 ,tipp3 8,so you admit that to the physician as a therapeutist1 the physician who cures1 other rules and1 therefore1 other paragraphs of the oath of ,hippocrates apply10 he gave the answer3 8,yes1 ,i do1 very definitely40 ,consequently1 experiments on human beings1 performed for urgent reasons of a public character and ordered by the competent authorities of the state1 cannot simply be considered as criminal merely because the experimental persons chosen by the state for the research work were not volunteers4 ,the prosecution ought to have brought additional evidence with regard to the individual experiments to prove why they were criminal1 apart from the fact that the experimental persons were not volunteers4 ,the largest space in the indictment against ,mrugowsky is taken up by the typhus experiments at ,buchenwald4 ,the prosecution does not contend that ,mrugowsky participated in them personally1 but ,i further think ,i have proved in my written arguments that he neither suggested nor ordered nor controlled these experiments2 that he did not further them nor even approve of them4 ,nevertheless for precaution's sake1 ,i also must prove that the experiments in question were not illegal and that under no aspect can they be considered as criminal since they were caused by an urgent state emergency4 ,this proof can be produced in a particularly impressive manner in the case of the typhus experiments4 ,in the ,flick trial1#fj the prosecution submitted ,document ,,ni-#ebbb which ,i have offered to the ,tribunal4 7,mrugowsky1 ,ex4 #ii47 ,this document1 which comes from the ,labor ,office ,westphalia and is dated #c ,february #aidb1 states that according to information from military quarters1 until recently the number of ,soviet prisoners of war dying of typhus was still #ae1jjj daily4 ,i think ,i need no longer emphasize that a most pressing state emergency is considered to exist if from one single epidemic there are1 ,i repeat1 #ae1jjj deaths daily in the camps for ,russian prisoners alone4 ,on the other hand1 the prosecution stated that from the beginning of #aidb until the beginning of #aide1 a total of #adb persons died as a result of the typhus experiments at ,buchenwald4 ,i place these two figures intentionally at the beginning of my argument4 ,they show that during the entire period of the experiments in ,buchenwald1 the number of fatalities amounted to one percent of the toll taken every day by typhus in the ,russian prisoner camps alone in winter #aida-db4 ,in addition to these victims in the ,russian ,p4 ,w4 camps1 one has to consider the enormous number of people who died of typhus among the civil population of the occupied eastern territories and the ,german ,armed ,forces4 ,it is clear that under these conditions drastic measures had to be taken4 ,when judging the typhus experiments carried out in the concentration camp ,buchenwald one must not forget that ,germany was engaged in war at the time4 ,millions of soldiers had to give up their lives because they were called upon to fight by the state4 ,the state employed the civil population for work according to state requirements4 ,in doing so it made no distinction between men and women4 ,the state ordered employment in chemical factories which was detrimental to health4 ,it ordered work on the construction of new projectiles which involved considerable danger4 ,when unexploded enemy shells of a new type were found at the front1 or unexploded bombs of new construction were found after an air raid at home1 it ordered gunnery officers to dismount such new shells or bombs with the aid of assistants in order to learn their construction4 ,this implied great danger4 ,then the fillings of the new shells and bombs had to be examined by analytical chemists to determine their composition4 ,in certain cases this work was detrimental to the health of the chemists and their assistants and always considerably dangerous4 ,in the same way the state ordered the medical men to make experiments with new weapons against dangerous diseases4 ,these weapons were the vaccines4 ,the fact that during these experiments not only the experimental persons but also the medical men were exposed to great danger was proved when ,dr4 ,ding infected himself unintentionally at the beginning of his typhus experiments and became seriously ill with typhus4 ,with regard to such medical experiments1 one has to agree on principle with the opinion of ,professor ,ivy and ,professor ,leibbrandt that such experiments may only be performed on volunteers4 ,but even ,professor ,ivy admitted that there is a difference between those cases in which a scientific research worker starts such experiments on his own initiative and the cases in which the competent organs of the state authorize him to do so4 ,he answered the question of whether the organ of the state is responsible in the affirmative2 but he added that this has nothing to do with the moral responsibility of the experimenter towards the experimental subject4 ,if the experiment is ordered by the state1 this moral responsibility of experimenter towards the experimental subject relates to the way in which the experiment is performed1 not to the experiment itself4 ,the prosecution did not contest that the experiments at ,buchenwald were carried out correctly4 ,by way of precaution1 ,i offered evidence for the correct execution in my closing brief4 ,in answer to a question by ,dr4 ,sauter1 ,professor ,ivy observed that he did not think the state could take the responsibility of ordering a scientist to kill a man in order to obtain knowledge4 ,the case with the typhus experiments is different4 ,no order was given to kill a man in order to obtain knowledge4 ,but the typhus experiments were dangerous experiments4 ,out of #gbd experimental persons1 #aed died4 ,but these #aed deaths from the typhus experiments have to be compared with the #ae1jjj who died of typhus every day in the camps for ,soviet prisoners of war1 and the innumerable deaths from typhus among the civilian population of the occupied eastern territories and the ,german troops4 ,this enormous number of deaths led to the absolute necessity of having effective vaccines against typhus in sufficient quantity4 ,the newly developed vaccines had been tested in the animal experiments as to their compatibility4 ,i explained this in detail in writing4 ,the ,tribunal will have to decide whether1 in view of the enormous extent of epidemic typhus1 in view of the #ae1jjj deaths it was causing daily in the camps for ,russian prisoners of war alone1 the order given by the government authorities to test the typhus vaccines was justified or not4 ,if the answer is in the affirmative1 then the typhus experiments at ,buchenwald were not criminal1 since the prosecution did not contest that they were carried out according to the rules of medical science4 ,in this case1 any responsibility of ,mrugowsky for these experiments is excluded4 ,if1 on the other hand1 the ,tribunal answered the question in the negative and declared the typhus experiments at ,buchenwald to be criminal1 then examination would have to be made as to whether ,mrugowsky was responsible for them in any way4 ,in my written statement ,i explained in detail that ,block #df at ,buchenwald1 where the experiments were carried out1 was not subordinate to ,mrugowsky1 but that ,dr4 ,ding worked under the immediate orders of ,grawitz4 ,out of the extensive evidence ,i offered to prove this fact1 ,i only want to stress1 one1 the letter addressed by ,grawitz to ,mrugowsky in which ,grawitz declared explicitly on #bd ,august #aidd that he gave his consent for the series of experiments he mentioned in the letter to be performed in ,block #df at ,buchenwald1 and two1 the letter addressed by ,mrugowsky to ,grawitz on #bi ,january #aide in which he suggests the testing of a jaundice virus and writes3 8,please obtain permission from the ,reich ,leader ,,ss to perform the infection experiments in the typhus experimental station of the concentration camp ,buchenwald40 ,these two letters demonstrate that even in autumn #aidd and early in #aide ,mrugowsky could still only have performed a series of experiments in ,block #df with special permission4 ,this refutes the assumption of the prosecution that ,block #df was subordinate to ,mrugowsky4 ,but above all1 ,i want to stress again the affidavit given by ,dr4 ,morgen on #bc ,may #aidg in which he stated that when he investigated the occurrences in ,block #df at ,buchenwald1 ,dr4 ,ding showed him an order signed by ,grawitz in which ,ding was commissioned explicitly to carry out the experiments4 ,dr4 ,morgen has further stated that he had to report to ,grawitz personally about the result of his investigations as an examining magistrate at ,buchenwald4 ,the results here1 too1 according to the affidavit given by ,dr4 ,morgen showed that ,grawitz ordered the experiments4 ,on this occasion he called ,dr4 ,ding 8his man10 and said he would be very sorry if the investigation caused any charges to be brought against ,dr4 ,ding1 since he had employed him for the experiments4 ,morgen emphasized that the name of ,mrugowsky was not mentioned in the course of his conversations with ,ding and ,grawitz4 ,this clearly shows1 ,i think1 that ,mrugowsky had nothing to do with ,block #df at ,buchenwald4 ,as further evidence that ,ding was actually subordinate to ,mrugowsky in ,block #df1 the prosecution referred to the sketches designed by ,mrugowsky4 7,,no-#daf1 ,pros4 ,ex4 #bb and ,,no-#dag1 ,pros4 ,ex4 #bc47 ,these pictures show that the ,division for ,typhus and ,virus ,research in ,buchenwald was subordinate to ,mrugowsky2 ,mrugowsky does not deny this4 ,division for ,typhus and ,virus ,research was only ,block #ej4 ,block #df was called as formerly 8,experimental ,station of the ,concentration ,camp ,buchenwald40 ,mrugowsky's letter just quoted shows this4 ,block #df was merely attached to the ,division for ,typhus and ,virus ,research without establishing thereby any relationship of subordination to ,mrugowsky4 ,this is described and proved in detail in my closing brief4 ,from the two sketches designed by ,mrugowsky1 showing that the ,division for ,typhus and ,virus ,research was under his control from its establishment to the end of the war1 nothing can be deduced1 therefore1 about whether he was ,ding's superior in ,block #df4 ,this fact and the further evidence brought in my closing brief demonstrate that ,block #df at ,buchenwald was not subordinate to ,mrugowsky4 ,therefore1 ,mrugowsky bears no responsibility for the typhus experiments in ,block #df4 ,in this connection1 ,i want to emphasize that ,mrugowsky never denied that he knew the typhus experiments at ,buchenwald were ordered by ,grawitz and carried out by ,dr4 ,ding4 ,he never denied that he saw1 for instance1 the report about the series ,i of the experiments1 which he rewrote in his letter of ,may #e1 #aidb1 and that he saw ,ding's essay about acridine which ,ding sent to ,grawitz for approval to publish #ah months after the experiments were completed1 and which ,grawitz then gave to ,mrugowsky to return to ,ding4 ,but from this knowledge1 no responsibility on the part of ,mrugowsky can be deduced for the typhus experiments4 ,the experiments were ordered by ,himmler and ,grawitz as his highest military superiors4 ,as a medical officer of the ,waffen ,,ss1 ,mrugowsky had no possibility at all of opposing these experiments ordered by his superiors4 ,when ,grawitz first suggested the experiments1 he resisted at once1 and induced him to ask for a decision from ,himmler as the highest superior4 ,himmler decided against ,mrugowsky4 ,under these conditions ,mrugowsky could do no more4 ,his opposition1 however1 resulted in the fact that he was not commissioned with the experiments1 but that ,ding received the order for execution4 ,nor has the prosecution brought any evidence to show that ,mrugowsky subsequently intervened in any way in the typhus experiments at ,buchenwald2 that he furthered them1 or participated in them in any way4 ,on account of the fact that ,mrugowsky knew about the typhus experiments1 no charge can be made against him under criminal law1 because neither in law nor in fact had he any possibility of preventing the experiments or enforcing their cessation later on4 ,the prosecution further based its charge against ,mrugowsky on the depositions of several witnesses to the effect that he had been ,ding's chief in ,block #df1 also insofar as the experiments carried out by ,ding in ,block #df were concerned4 ,i have energetically contested this4 ,all the statements produced by the prosecution in this respect originate from ,ding4 ,none of these statements comes from anybody who worked in ,block #df himself4 ,it is significant that the prosecution has not been able to submit one single order given by ,mrugowsky to ,ding for the execution of typhus experiments1 although its witness1 ,balachowsky1 stated that ,kogon had managed to collect and secure extensive evidence which he had handed over to the ,american ,army4 ,if there had been any written orders from ,mrugowsky to ,ding1 the latter would certainly not have destroyed them for the sake of his own protection1 and ,kogon would have given them to the ,american ,army with his other documents4 ,it is true that the witness ,kogon 7whose unreliability ,i shall prove later7 maintains that ,mrugowsky gave mostly only oral orders to ,ding4 ,but he further testified that from the year #aidc onwards1 ,ding was no longer satisfied with oral orders from ,mrugowsky but asked for them to be given in writing4 ,in spite of this1 not a single written order from ,mrugowsky to ,ding concerning the execution of a series of typhus experiments was produced4 ,the only witness who might be able to state from his own knowledge anything about the order given to ,ding in respect of the typhus experiments is the witness ,dr4 ,morgen4 ,i just indicated that ,morgen saw the order given by ,grawitz to ,ding for the execution of the typhus experiments1 and that ,grawitz personally told ,dr4 ,morgen that ,ding was his man at ,buchenwald and said he employed him there4 ,the error of the witnesses1 who stated that ,mrugowsky had been ,ding's chief1 results from the fact that ,ding was dependent on ,mrugowsky in respect of the production of vaccine in ,block #ej and also concerning his activity as a hygienist4 ,i proved in my closing brief that from #aidb to #aide ,ding was only working on the typhus vaccine experiments for about #b months1 if one adds up all the hours he worked on them4 ,all the rest of his activity in approximately #c years was devoted to the vaccine production and the work of a hygienist1 that is1 work in which he was ,mrugowsky's subordinate4 ,it is comprehensible that during the approximate period of #cc months when he worked for ,mrugowsky1 he received many more orders from him than from ,grawitz for the execution of the #ac typhus vaccine experiments4 ,it is1 therefore1 comprehensible that the main part of his correspondence under these circumstances was carried on with ,mrugowsky4 ,in consequence of the description of the prosecution which hardly spoke of anything except the typhus vaccine experiments1 and only produced documents thereon1 the impression was certainly given that the typhus vaccine experiments were ,ding's main activity at ,buchenwald4 ,that is not so4 ,in his main activity at ,buchenwald1 ,ding was ,mrugowsky's subordinate4 ,therefore1 because his main correspondence was with ,mrugowsky and he called ,mrugowsky his superior1 one cannot assume that also in respect of the typhus vaccine experiments there was some connection between ,mrugowsky and ,ding1 and that ,mrugowsky participated in these experiments in any way or was responsible for them4 ,the prosecution did not deny that such double subordination1 as it existed between ,ding on the one hand and ,grawitz and ,mrugowsky on the other1 is possible in a military organization and happened frequently4 ,i can refer also in this respect to the statement in my closing brief4 ,the testimony of the witness ,kogon and ,ding's diary 7,,no-#bfe1 ,pros4 ,ex4 #bhg7 are the chief items of evidence submitted by the prosecution against ,mrugowsky4 ,this is why1 in my closing brief1 ,i explained in detail that neither ,kogon's statement nor the ,ding diary furnish any substantial proof4 ,as to ,kogon's testimony1 ,i want to emphasize once more the principal points3 ,kogon described on the witness stand the dramatic circumstances under which he pretends to have saved the so-called ,ding diary4 ,i needn't point out that the particular occurrences which happened when he saved the diary would have impressed him so much that he would not forget them if his statement were true4 ,therefore1 he couldn't possibly give a different description of this event on several different occasions4 ,in fact1 in the doctors' trial and in the ,pohl trial1#fa he gave two reports about the way he allegedly saved the diary4 ,these reports differ so fundamentally and in a manner which could only be possible if his contention that he saved the diary is untrue1 and the descriptions he gives of this event are pure invention4 ,kogon stated in the doctors' trial that ,ding sorted the secret documents to be burned in ,block #df4 ,while ,ding and ,dietzsch went into the adjoining room for a moment1 he threw the diary and a heap of papers into a box to save them from destruction4 ,two days later he had told ,ding that he had saved the diary and a heap of other papers from being destroyed and received permission to fetch them from ,block #df2 otherwise1 he wouldn't have been able to get them out4 ,he fetched them and kept them ever since4 ,this description is quite plausible and would be hard to refute if there was not ,kogon's own testimony in the ,pohl trial4 ,in the ,pohl trial1 the same ,kogon testified about three months later that he was standing with ,ding and ,dietzsch at the same table when the secret documents were sorted for destruction4 ,suddenly ,ding pushed the diary and other papers towards him4 ,he took them and carried them to ,block #ej1 together with ,ding4 ,ding did not know at this time that ,kogon had the diary and the other documents with him1 but he told ,ding this on the same day4 ,a more striking contradiction than these two statements about the saving of the diary is hardly possible4 ,if ,kogon had really saved the diary in the way he described in the doctors' trial1 then the moment when he threw the diary into the box and his reflections during the two days before he told ,ding that the diary had not been burned would have remained indelibly in his memory4 ,he would have remembered the way from ,block #df to ,block #ej to fetch the diary and the way back with the diary so well1 that a different description would be impossible4 ,also1 if the preservation of the diary had occurred in the way described by ,kogon in the ,pohl trial1 it certainly would have been recollected by him so clearly that a different description would also be impossible4 ,so the two descriptions about the preservation of the diary1 differing so fundamentally from each other1 can only be explained in two ways4 ,either ,kogon's statement is untrue and he didn't save the diary at all--in this case1 if he told the ,tribunal a falsehood about such an important point1 then his whole testimony is unreliable--or ,kogon must have such a bad memory that his contradictions in his testimony can be explained therefrom4 ,in this case1 too1 his entire testimony would have no probative value on account of his bad memory4 ,the ,dietzsch testimony submitted by me speaks against the correctness of ,kogon's statement on the saving of the diary4 ,dietzsch states that during the destruction of the secret documents in ,block #df ,ding tore up the diary in his presence and threw it into the lighted stove where it was burned4 ,dietzsch declared explicitly that ,ding made sure that all the documents were entirely burned after the destruction of the papers was finished4 ,i should say that ,dietzsch's statement combined with the contradiction between the two statements of ,kogon's proves that what ,kogon said about the saving of the diary is a falsehood4 ,in my closing brief ,i dealt in detail with still further points on which the statements made by ,kogon in the doctors' trial and in the ,pohl trial contradict each other in a similarly marked manner concerning the preservation of the diary4 ,it will not be necessary to repeat all these arguments here4 ,i should like to refer the ,tribunal to them4 ,the second main evidence of the prosecution against ,mrugowsky is the diary which is said to have been saved4 ,the two fantastic descriptions of the saving of the diary given by ,kogon are unreliable4 ,therefore1 ,dietzsch must be believed4 ,he said that ,ding burned the original diary of ,block #df in his presence4 ,this statement is supported by the opinion given by the handwriting experts1 ,zettner and ,nastvogel1 treated in detail in my closing brief4 ,in the meantime the prosecution declared while discussing the ,beiglboeck evidence that it could have handwriting examined to determine the date of its origin at an institute in ,frankfurt and also documents investigated in every way4 ,the prosecution thereupon stressed explicitly that ,i also had the ,ding diary examined by experts4 ,the ,ding diary is of importance for the prosecution for the charges against several defendants4 ,therefore1 the prosecution ought to have found it more important to have the genuineness of the ,ding diary examined rather than the ,beiglboeck documents4 ,ding signed in ink4 ,so the institute at ,frankfurt would have been able to ascertain without any difficulty whether the signature on the first page is several years older than the signature on the last page4 ,furthermore1 the institute could have ascertained without any difficulty whether the whole diary from the end of the year #aida till spring #aide was written on exactly the same paper or not4 ,but the prosecution did not hand the diary to this institute for examination4 ,this fact shows that it was itself convinced that such examination would not have given a result favorable to the prosecution4 ,in my opinion1 this is a particularly strong argument for the assumption that the diary was really composed and written subsequently4 ,i also want to refer the ,tribunal to my closing brief with reference to this point4 ,the probative value of a diary lies in the fact that the man who kept it cannot foresee the future development when making his entries4 ,therefore it is to be presumed that the entries portray the events objectively and in their entirety4 ,if a document which is subsequently composed is given the external form of a diary1 one can deduce therefrom the intention to influence the reader in a certain direction and also to deceive him for this purpose4 ,that is the reason why any record written subsequently and made up in the form of a diary has no probative value4 ,the prosecution tried to show that the ,ding diary is of probative value by comparing its contents with a number of documents having the same contents as the entries in the diary4 ,in my closing brief ,i dealt with these documents in detail and proved that they all1 without exception1 came from ,ding4 ,all documents which the prosecution compared with the diary1 ,ding still had at hand when he made the belated compilation after the original diary had been burned4 ,they are vouchers he used for the entries he made in the diary we have now4 ,therefore1 it cannot be deduced from the conformity of these documents and the diary that the latter is good evidence4 ,one of the documents the prosecution compared with the diary is the so-called work report of ,ding4 ,this work report is really only a draft which was not signed and was not sent to ,mrugowsky4 ,i explained this in detail in my closing brief and offered evidence for it4 ,according to ,kogon's statement1 this draft of the report was written in ,block #ej by the second compound clerk4 ,such draft has no probative value unless it is signed by the person who should sign it4 ,in this instance1 it would have been ,ding4 ,mr4 ,hardy admitted that this work report was only prepared for signature by ,ding4 ,he thereby admitted that it was not signed4 ,therefore1 the draft has no probative value4 ,if these three main elements of evidence fail1 ,kogon's statement1 the work report1 and the ,ding dairy1 the chief part of the evidence brought forward against ,mrugowsky fails4 ,the prosecution contended in its summing-up that the experimental subjects volunteered neither for the typhus experiments nor for the other experiments at ,buchenwald4 ,in respect of the other experiments1 this is not correct4 ,i shall deal with this later4 ,in respect to the typhus experiments1 it may be correct that most of the experimental subjects did not volunteer4 ,on the other hand1 the closing brief of the prosecution shows no allegation for the period up to the fall of #aidc that ,mrugowsky had anything to do with the selection of the prisoners for the experiments4 ,this is correct and was also put in in my closing brief4 ,in autumn #aidc according to the contentions of the prosecution1 again relying on ,kogon's testimony1 ,ding is said to have asked ,mrugowsky for the experimental subjects to be chosen by the ,reich ,leader ,,ss4 ,this statement of ,kogon's is also untrue4 ,i have pointed this out in detail in my written statement4 ,in this connection1 the prosecution mentions ,himmler's order of #bg ,february #aidd relating to the selection of the prisoners by the ,reich police agency4 ,but this order of ,himmler was not given pursuant to a suggestion made by ,mrugowsky4 ,it is really due to the attempts of ,dr4 ,morgen4 ,he explained this accurately in his affidavit of #bc ,may #aidg1 which ,i offered in evidence4 ,so it is an established fact that until autumn #aidc ,mrugowsky had nothing to do with the selection of the prisoners1 and that from this time on1 the prisoners for the typhus experiments were chosen by the ,reich criminal police agency pursuant to ,himmler's order suggested by ,dr4 ,morgen1 so that after this time ,mrugowsky had also nothing to do with the choice of the prisoners4 ,the prosecution calls the typhus experiments criminal1 in particular1 because control persons were used and above all because of the alleged 8passage persons04#fb ,as to the control persons1 ,i explained at length in my closing brief that such vaccine experiments are impossible without the use of control subjects and lead to no practical result without them4 ,if one takes the ,ding diary for information1 it appears that in a number of test series the cultural virus used was no longer pathogenic to human beings4 ,if no control persons had been infected1 the fact that the experimental persons were not taken ill would have been explained as a consequence of the protection obtained by the vaccination4 ,this would have led to entirely wrong deductions and to the use of inferior vaccines in practice4 ,if one considers the typhus experiments as admissible1 the use of control subjects is1 therefore1 indispensable4 ,i explained this in detail in my closing brief4 ,on the other hand there was no justification for the use of passage persons who were infected merely in order to have live virus always on hand4 ,i have demonstrated in my written arguments that such passage persons were never used4 ,until ,april #aidc there was no reason to use them4 ,for until ,april #aidc it is stated explicitly in the ,ding diary that in each series of experiments the infection was performed by means of cultural virus bred in the yolk sacs of hens' eggs which ,ding obtained from the ,robert ,koch ,institute in ,berlin4 ,after #aa ,april #aidc1 ,ding infected with fresh blood taken from persons suffering from typhus4 ,but during this period1 too1 the use of passage persons was superfluous because ,ding always had persons at his disposal who had contracted typhus spontaneously1 and he could take the fresh infected blood from them4 ,if the prosecution had wanted to bring evidence to show that passage persons were used in ,block #df1 this could have been done best of all by ,ding and ,dietzsch4 ,the prosecution produced statements from both in which the question of the passage persons is not mentioned4 ,the prosecution knew from the examination of ,mrugowsky on the witness stand that he denied the use of passage persons4 ,when ,i said at the end of the presentation of my evidence that ,i did not call ,dietzsch to the witness stand but only offered an affidavit from him1 ,mr4 ,hardy asked the ,tribunal for permission to interrogate ,dietzsch on certain facts4 ,however1 he never produced a record of such an interrogation4 ,this is further evidence that ,dietzsch did not confirm the use of passage persons4 ,all the witnesses who testified on the use of passage persons did not work in ,block #df4 ,they1 therefore1 know nothing from their own observation1 but only through third persons4 ,dr4 ,morgen discovered nothing about passage persons during his investigations as an examining magistrate in ,block #df in ,buchenwald4 ,so there is no conclusive evidence of any kind to show that passage persons were used in ,block #df4 ,on the contrary1 ,i proved in my closing brief that passage persons actually were not used4 ,if the ,tribunal were1 nevertheless1 to assume that the use of passage persons was proved1 there would be no guilt of ,mrugowsky involved in the use of these passage persons because ,i demonstrated that ,ding was not his subordinate in respect of his activity in ,block #df1 and also there is no evidence whatever to show that he even as much as knew about the use of passage persons4 ,in my written statements1 ,i then dealt in detail with the experiments with acridine preparations within the framework of the typhus experiments4 ,i proved that ,ding did not obtain these preparations from ,mrugowsky but from the ,i4 ,g4 ,farbenindustrie ,a4 ,g4 ,there is no evidence whatever to show that ,mrugowsky had any knowledge of these experiments performed by ,ding4 ,ding's report on the acridine experiments submitted for publication was handed to ,mrugowsky by ,grawitz only about #ah months after the termination of the experiments4 ,therefore1 no charge can be made against ,mrugowsky under criminal law for the experiments with acridine preparations which caused a particularly high number of deaths4 ,,extract ,,from ,,the ,,closing ,,brief ,,for ,,defendant ,,mrugowsky 99 99 99 99 99 ,convalescence ,serum1 ,blood ,conservation1 and ,blood ,serum ,conservation ,,convalescence ,,serum ,in ,ding's diary 7,,no-#bfe1 ,pros4 ,ex4 #bhg7 two entries are found concerning the taking of blood for the purpose of extracting convalescence serum4 ,during the period from #bf ,may to #ab ,june #aidd1 #f1ejj cc4 of blood were taken from #ae defervescent typhus patients1 and between #ac ,october and #ca ,october #aidd1 #bj1hjj cc4 of blood were taken from #dd defervescent typhus patients4 ,the blood was taken between the #abth #adth and the #bast day following the disappearance of the fever4 ,thus an average of #dfe cc4 for each patient can be calculated4 ,the witness for the prosecution1 ,kogon1 has testified on this question4 7,tr4 pp4 #aaib-c47 ,his statement contains several serious misinterpretations4 ,in the first place1 it must be stressed that the taking of blood from a convalescent patient by no means constitutes an 8experiment10 as indicated by ,mr4 ,mc,haney4 ,what would be the experiment in that case8 ,the only thing to find out is whether the person in question is suitable or not for the taking of blood4 ,even ,kogon admits that the taking of blood from convalescent patients is an ordinary procedure4 ,i have proved the same thing through ,mrugowsky #ad1 ,mrugowsky ,exhibit #cg4 ,the same appears from the affidavit of the expert1 ,professor ,dr4 ,siebeck4 7,mrugowsky #ae1 ,mrugowsky ,ex4 #ch47 ,there it says3 899 99 99 ,it is correct that in the case of typhus1 convalescence serum is frequently used for therapeutical purposes 99 99 9940 ,the expert1 ,professor ,dr4 ,vollhardt1 also confessed to the same opinion4 ,it is then a fact that the taking of blood from former typhus patients during convalescence is1 in principle1 in accordance with medical usage4 ,it has been proved that no objections can be raised against the treatment in ,block #df4 ,accordingly1 it is very improbable that the physician in charge should have exposed particularly asthenic patients to the taking of blood4 ,the witness ,dorn has stated that the delivery of drugs to ,block #df took place through the prison hospital and that he personally discharged the deliveries twice a week4 ,furthermore1 the examining judge1 ,dr4 ,morgen 7,mrugowsky #bc1 ,mrugowsky ,ex4 #bf7 demonstrated that even in #aidd-- 899 99 99 the treatment and supply of the sick persons was careful and good in every respect4 ,according to the impression ,i gained1 the sick persons were treated similar to those in a good military hospital40 ,this is also confirmed through the indictment of ,morgen against ,koch4 7,,no-#bcff1 ,pros4 ,ex4 #ebf47 ,consequently1 there is no reason to doubt that they were in a condition favorable to the taking of blood and that this constituted no danger for them4 ,mrugowsky expressed his opinion on this question during his examination4 7,tr4 p4 #eaff47 ,he pointed out that the taking of blood in a quantity not exceeding #ejj cc4 is in complete compliance with medical regulations and that the convalescent patients received additional food as compensation for the loss of blood4 ,in his affidavit ,dr4 ,ellenbeck propounded his view concerning the extraction of typhus convalescence serum4 7,mrugowsky #abj1 ,mrugowsky ,ex4 #aaj47 ,from this it appears that ,ellenbeck also received blood from patients belonging to the ,waffen ,,ss1 consequently not exclusively from prisoners in the concentration camps4 ,in the above-mentioned document 7,mrugowsky #ae1 ,mrugowsky ,ex4 #ch7 ,professor ,siebeck expressly points out3 8,it is at least quite improbable1 if not impossible1 for human beings1 who are in the convalescent stage of typhus1 to be so harmed by a single bloodletting of #dci cc4 that they die after a certain period has elapsed in consequence of the loss of blood40 ,the same opinion is endorsed by ,professor ,dr4 ,vollhardt4 ,in face of this evidence no support is to be found for the assertion of ,kogon that many convalescent patients died at that time1 nor for his suspicion that they died as a consequence of the taking of blood4 ,the result of this exposition then is that3 #a4 ,the taking of blood for the purpose of extraction of convalescence serum is not an experiment but a medical measure4 ,it is not criminal but customary throughout the world4 #b4 ,the bleedings were carried out according to the regulations of medical science4 #c4 ,the quantities taken were below the usual limit1 probably even very far below4 #d4 ,it is absolutely impossible that any person whatsoever died as a consequence of the taking of blood4 ,on the other hand1 the blood pressure of persons convalescing from typhus1 in particular1 is often too low4 ,their blood vessels are still not as elastic as before4 ,in such cases1 a withdrawal of blood within the normal limits is very often a practiced method of relieving the circulation4 ,,preservation ,,of ,,blood ,,serum ,furthermore1 ,kogon states that ,dr4 ,ellenbeck carried out the taking of blood in the small camp to obtain a stock of blood serum4 7,tr4 p4 #aaib47 ,kogon further states that in the part of the ,buchenwald concentration camp1 where blood was taken1 there were enough volunteers and they received additional food4 ,he answered the question as to whether anybody died as a consequence of the taking of blood as follows3 899 99 99 ,it is impossible to establish whether anybody died directly or indirectly as a consequence of the taking of blood 99 99 9940 ,dr4 ,ellenbeck made the following statement concerning that question3 8,from the fall of #aidd onwards1 as far as ,i know by request of the leading physician of the concentration camps1 the department for the conservation of blood produced a conserved blood serum to be used for the emergency treatment of prisoners since drugs became more and more scarce4 ,i had nothing whatsoever to do with the drawing of blood and the supply4 ,i had the blood sent to ,berlin4 ,on account of reasons to be found in the aerial warfare1 the production of this conserved blood serum was only very small4 8,kogon maintained that ,,ss medical personnel from ,berlin drew the blood for this conserved blood serum4 ,that is untrue4 ,no ,,ss medical personnel came from ,berlin to ,buchenwald in order to fetch blood1 but ordinary couriers came who were not in a position to draw the blood40 7,mrugowsky #abj1 ,mrugowsky ,ex4 #aaj47 ,therefore these amounts of blood1 too1 were only small4 ,ellenbeck can state positively that such stocks of serum were not made for other purposes in his laboratory4 ,the medical officer of the concentration camp gave him the order4 ,the stocks of serum he had prepared were made available to him again4 99 99 99 8,to the question as to whether people died after the removal of blood1 ,i refer to the above-quoted statements of the specialists1 ,professor ,dr4 ,vollhardt and ,professor ,dr4 ,siebeck40 ,i would also like to point out that according to ,kogon's statement1 ,dr4 ,ellenbeck himself saw to it that the prisoners actually received their additional food after the removal of blood4 ,the prisoners volunteered for the removal of blood and received additional food for it4 ,that somebody died as a consequence of the removal of blood is a statement without any basis4 ,i cannot imagine how a criminal character can be attached to this removal of blood4 ,the taking of blood from volunteers is not criminal in any way4 99 99 99 99 99 d4 ,evidence ,prosecution ,documents ,doc4 ,no4 ,pros4 ,ex4 ,no4 ,description of ,document ,page ,,no-#dbi #bha ,extract from the affidavit of defendant #eee ,hoven1 #bd ,october #aidf1 concerning typhus and virus experiments4 ,,no-#bfe #bhg ,diary of the division for typhus and #eeg virus research at the ,institute of ,hygiene of the ,waffen ,,ss1 #aida to #aide 7,ding diary74 ,,no-#beg #bhc ,extract from the affidavit of ,dr4 ,erwin #egb ,schuler1 #bj ,july #aide1 concerning typhus experiments4 ,,no-#ega #bhe #aidc work report for department for #egc typhus and virus research4 ,,no-#aba #bic ,letter from ,haagen to ,hirt1 #ae ,november #egh #aidc1 concerning prisoners to be used as experimental subjects for tests with typhus vaccine4 ,,no-#abb #bih ,letter dictated by ,rose1 addressed to #egi ,haagen1 #ac ,december #aidc1 concerning experimental subjects for vaccine experiments4 ,,no-#abc #cjc ,letter from ,haagen to ,hirt1 #i ,march #aidd1 #ehj concerning experiments conducted with typhus vaccine and requesting experimental subjects4 ,,no-#aci #cag ,letter from ,dr4 ,grunske to ,haagen1 #g #eha ,march #aidd1 concerning reports on yellow fever virus experiments requested by a ,japanese medical officer4 ,defense ,documents ,doc4 ,no4 ,def4 ,ex4 ,no4 ,description of ,document ,page ,rose #af ,rose #ab ,extracts from the affidavit of ,professor #eha ,otto ,lenz1 director of the ,robert ,koch ,institute in ,berlin4 ,rose #df ,rose #bj ,extract from a certified statement1 #d #ehb ,march #aidg1 of ,j4 ,oerskov1 ,m4 ,d41 director of the ,state ,serum ,institute in ,copenhagen4 ,testimony ,extracts from the testimony of prosecution witness ,eugen ,kogon #ehc ,extracts from the testimony of defendant ,rose #ehf ,extract from the testimony of defendant ,mrugowsky #eie ,extracts from the testimony of defense witness ,dr4 ,eugen ,haagen #fjf ,,translation ,,of ,,document ,,no-#dbi ,,prosecution ,,exhibit #bha ,,extract ,,from ,,the ,,affidavit ,,of ,,defendant ,,hoven1 #bd ,,october #aidf1 ,,concerning ,,typhus ,,and ,,virus ,,experiments ,i1 ,waldemar ,hoven1 being duly sworn1 depose and state3 99 99 99 99 99 ,typhus and ,virus ,experiments #d4 ,in the latter part of #aida an experimental station was established in the ,buchenwald concentration camp in order to determine the effectiveness of various typhus vaccines4 ,this section was called the 8,typhus ,experimental ,station--,division for ,typhus and ,virus ,research0 and was under the direct supervision of ,dr4 ,ding1 alias ,schuler4 ,this experimental station was set up in ,block #df of the camp4 ,the ,hygiene ,institute of the ,waffen ,,ss in ,berlin1 under the command of ,dr4 ,joachim ,mrugowsky1 received all the reports of these activities and ,dr4 ,ding took orders from ,mrugowsky4 ,in the early days1 that is1 between #aida and the summer of #aidc1 ,dr4 ,ding had many meetings in ,berlin with ,dr4 ,karl ,genzken concerning his work at ,buchenwald in connection with the typhus experiments4 ,dr4 ,ding told me that ,dr4 ,genzken had a special interest in these matters and that he sent him reports at various times4 ,dr4 ,ding also said that ,dr4 ,karl ,genzken was one of his superiors4 ,from my association with ,dr4 ,ding1 ,i understood that the chain of command in the supervision of the typhus experimental station was as follows3 ,reichsarzt ,,ss ,grawitz1 ,genzken1 ,mrugowsky1 and ,ding4 #e4 ,i can recollect that ,dr4 ,genzken gave orders to ,dr4 ,ding in ,january #aidc to enlarge the experimental station4 ,at this time ,block #fj was cleaned out and made into a station for the production of the various vaccines to be used in the experiments at ,block #df4 ,from this time on the experimental station was known as the 8,division for ,typhus and ,virus ,research of the ,hygiene ,institute of the ,waffen ,,ss04 ,then in the summer of #aidc1 ,dr4 ,genzken turned all his duties over to ,dr4 ,mrugowsky1 and from that time on ,genzken no longer actively participated in these matters4 ,i can recall meeting ,dr4 ,mrugowsky in the home of ,dr4 ,ding on one of his visits to ,buchenwald4 #f4 ,inasmuch as ,i was constantly associated with ,dr4 ,ding at ,buchenwald1 we became very friendly4 ,i frequently discussed matters with ,ding and visited his experimental station from time to time4 ,as a matter of fact1 ,dr4 ,ding had to go to ,berlin for discussions with ,dr4 ,mrugowsky and others nearly #c days out of every two weeks1 and on such occasions ,i was in charge of the typhus institute4 ,however1 when ,ding went to ,berlin the experiments were discontinued until he returned4 #g4 ,the experiments in ,block #df in the ,buchenwald concentration camp were conducted as follows3 ,one group of victims was first vaccinated with the typhus vaccine and then infected with the typhus virus4 ,in order to contrast the effectiveness of the vaccine1 another group of inmates was merely infected with the typhus virus without previous vaccination4 ,between the autumn of #aidb and the summer of #aidc about #ejj inmates of the ,buchenwald concentration camp were used in these experiments4 ,during my time about #aj percent of the total number of the inmates used1 died as a result4 ,i heard that a larger number of the victims died after my time1 that is1 about #bj percent4 #h4 ,the selection of inmates to be used for the purposes of medical experiments in ,block #df by the ,division for ,typhus and ,virus ,research was as follows3 ,whenever ,dr4 ,ding needed human beings for his work1 a request was made to the office of the camp commandant and referred to me for action4 ,usually a man named ,schober1 an ,,ss ,hauptsturmfuehrer1 notified me to select the necessary number of prisoners for these purposes4 ,in accordance with this request ,i selected various inmates1 at random1 from the roster of the camp4 ,they were placed on a list over my signature and returned to ,schober1 who often removed certain names from the list for political reasons4 ,in the event of particular prisoners being removed from the list1 ,i was requested to select substitutes in order to provide ,dr4 ,ding with the desired number of victims4 ,after ,i returned the completed list to ,schober1 it was given to ,dr4 ,ding for approval4 ,he made a final check to ascertain1 from a medical point of view1 the physical condition of the selected inmates and to determine whether or not they met with his requirements4 99 99 99 99 99 ,,translation ,,of ,,document ,,no-#bfe ,,prosecution ,,exhibit #bhg ,,diary ,,of ,,the ,,division ,,for ,,typhus ,,and ,,virus ,,research ,,at ,,the ,,institute ,,of ,,hygiene ,,of ,,the ,,waffen ,,ss1 #aida ,,to #aide 7,,ding ,,diary7 #bi ,dec #da3 ,conference between ,army ,sanitation ,inspection ,inspector1 ,general ,chief ,surgeon ,professor ,dr4 ,handloser2 ,state ,secretary for the ,department of ,health of the ,reich1 ,,ss ,gruppenfuehrer ,dr4 ,conti2 ,president ,professor ,reiter of the ,health ,department of the ,reich2 ,president ,professor ,gildemeister of the ,robert ,koch ,institute 7,reich ,institute to ,combat ,contagious ,diseases7 and ,,ss ,standartenfuehrer and ,lecturer ,dozent ,dr4 ,mrugowsky of the ,institute of ,hygiene1 ,waffen ,,ss1 ,berlin4 ,it has been established that the need exists to test the efficacy of1 and resistance of the human body to1 the typhus serum extracted from the egg yolks4 ,since tests on animals are not of sufficient value1 tests on human beings must be carried out4 #b ,jan #db3 ,the concentration camp ,buchenwald is chosen for testing the typhus vaccines4 ,,ss ,hauptsturmfuehrer ,ding is charged with these tests4 #e ,jan #db3 ,preliminary test ,a3 ,preliminary test to determine the surest and most practical way of infecting human beings artificially4 ,five experimental subjects received intramuscular and subcutaneous injections of vitelline membrane diluted #a3be with an emulsified ,rickettsia-,prowazeki strain from the ,robert ,koch ,institute in doses of #a cc4 ,infection was not possible4 ,,dr4 ,,ding ,,ss ,hauptsturmfuehrer #aj ,jan #db3 ,preliminary test ,b3 ,preliminary test to establish a sure means of infection3 ,much as in smallpox vaccination1 #e persons were infected with vitelline membrane culture virus 7strain ,rickettsia-,prowazeki1 ,robert ,koch ,institute7 through #b superficial and #b deeper cuts in the upper arm4 ,all experimental subjects used for this test fell ill with genuine typhus4 ,incubation period #b to #f days4 #bj ,jan #db3 ,preliminary report of reactions to vaccinations4 ,through continuous blood pictures a strong surplus of neutrophile myelocytes was discovered4 #bj ,feb #db3 ,case history and charts of the preliminary tests to establish a sure means of infection sent to ,berlin4 #a death out of #e sick4 ,,dr4 ,,ding ,,ss ,hauptsturmfuehrer #f ,jan #db3 #a ,feb #db3 ,typhus ,vaccine1 ,research ,series ,i ,vaccination for immunization against typhus using the following vaccines3 #a4 #ca persons with ,weigl vaccine from the intestines of lice from the ,institute for ,typhus and ,virus ,research of the ,army ,high ,command1 ,krakow4 #b4 #ce persons with vaccine from vitelline membrane cultures made by the ,cox1 ,gildemeister1 and ,haagen process4 #c4 #ce persons with vaccine 8,behring ,normal0 7#a egg in an emulsion of #dej cc4 vaccine4 ,mixture of #gj percent ,rickettsia ,mooseri and #cj percent ,rickettsia-,prowazeki74 #d4 #cd persons with 8,behring ,normal0 8,behring ,strong0 7#a egg emulsified in #bej cc4 solvent74 #e4 #aj persons for control4 #c ,mar #db3 ,all persons vaccinated for immunization between #f ,jan #db and #a ,feb #db1 and the #aj control persons were infected with a virus culture of ,rickettsia-,prowazeki in the presence of ,professor ,gildemeister4 ,,ss ,hauptsturmfuehrer ,dr4 ,ding infected himself in the process 7laboratory accident74 #ag ,mar #db3 ,visit of ,professor ,gildemeister and ,professor ,rose 7,head of the ,department for ,tropical ,medicine in the ,robert ,koch ,institute7 to the experimental station4 ,all persons experimented on fell sick with typhus except two who1 as was established later1 had already had typhus during an epidemic at the police prison in ,berlin4 ,,ss ,hauptsturmfuehrer ,dr4 ,ding fell sick with typhus and is in the hospital in ,berlin4 ,,ss ,hauptsturmfuehrer ,hoven1 station medical officer of the ,waffen ,,ss in ,weimar1 is supervising the stations in the meantime 7,blocks #dd and #di74 #ai ,apr #db3 ,final report on the #ast typhus vaccine research series3 ,stone ,block #df will be made available for the purpose of these typhus experiments4 #e deaths 7#c control persons1 #a 8,behring ,normal01 and #a 8,behring ,strong074 ,,dr4 ,,ding ,,ss ,hauptsturmfuehrer #ai ,aug #db3 #d ,sep #db3 ,typhus ,vaccine1 ,research ,series ,,ii ,vaccination for immunization against typhus using the following vaccines3 #a4 #bj persons with vaccines made by the ,durand and ,giroud process 7,pasteur ,institute1 ,paris7 from rabbit lungs4 #b4 #bj persons with vaccine made by the process of ,combiescu1 ,zotta1 and collaborators from dog lungs4 7,producer3 ,cantacuzino1 ,bucharest47 ,this vaccine was made available by ,professor ,rose1 who received it from ,naval ,doctor ,professor ,ruge from ,bucharest4 #ae ,oct #db3 ,artificial infection of all persons vaccinated for immunization between #ai ,september #aidb and #d ,october #aidb1 and #ai persons for control with vitelline membrane virus 7,rickettsia-,prowazeki74 #be ,oct #db3 ,infection has started with all persons experimented on4 #bj ,nov #db3 ,charts and case history sent to ,berlin4 #d deaths of control persons4 ,,dr4 ,,ding ,,ss ,hauptsturmfuehrer #aj ,sep #db3 #aj ,oct #db3 ,unit of ,,ss ,hauptsturmfuehrer ,dr4 ,ding ordered to the ,pasteur ,institute in ,paris to ,professor ,giroud4 #bb ,oct #db3 #e ,nov #db3 ,typhus ,vaccine1 ,research ,series ,,iii ,vaccination for immunization against typhus of #bj persons with vaccine made according to the process of ,giroud1 ,paris4 7,this vaccine was brought from ,paris by ,,ss ,hauptsturmfuehrer ,dr4 ,ding immediately after production47 #cj ,nov #db3 ,artificial infection with vitelline membrane material from the ,robert ,koch ,institute of the #bj persons vaccinated for immunization and of #f control persons4 ,this research series was observed for #f weeks and then abandoned without results1 as no sickness broke out in the control group4 ,,dr4 ,,ding ,,ss ,hauptsturmfuehrer #bg ,oct #db3 #h ,nov #db3 ,typhus ,vaccine1 ,research ,series ,,iv ,vaccination for immunization of #bj persons with a vaccine from intestines of lice made by the ,weigl process 7sent by lecturer ,dr4 ,haas of the typhus institute 8,emil v4 ,behring0 in ,lvov71 #cj ,nov #db3 ,to test the effect of the immunization1 the infection is to be carried out with lice suffering from typhus4 ,the lice and their cages must be burnt immediately1 as the latter became leaky during transport1 and therefore represent a danger of epidemic in ,buchenwald camp4 #c ,dec #db3 ,newly sent lice applied to #ae persons 7#e immunized and #aj persons for control74 ,the lice must again be destroyed1 as the cages are not tight4 ,report made that infection with live typhus lice is not possible because the danger to the camp inmates is too great4 #d ,jan #dc3 ,due to infection by lice on #c ,december #aidb1 five persons show short nontypical illness4 ,the research series is concluded4 ,,dr4 ,,ding ,,ss ,hauptsturmfuehrer #ae-ah ,dec #db3 ,unit of ,,ss ,hauptsturmfuehrer ,dr4 ,ding ordered to the opening of the typhus research institute 8,emil v4 ,behring0 in ,lvov in the ,general ,government 7lecturer ,dr4 ,haas74 #bh-ca ,dec #db3 ,vaccination for immunization against diphtheria of the ,reserve ,battalion of the ,leibstandarte ,,ss 8,adolf ,hitler0 7approx4 #b1ejj men71 because of the outbreak of an epidemic4 ,inspection of quarters and advice to the medical officer on the fighting of the epidemic4 ,,dr4 ,,ding ,,ss ,sturmbannfuehrer #aidc #a ,dec #db3 #bj ,dec #db3 ,typhus ,vaccine1 ,research ,series ,v ,to determine the immunization effect1 #bj persons are being actively vaccinated for immunization with 8,,em0 vaccine of the ,behring ,works--,dr4 ,demnitz--7vaccine in which vitelline membrane as well as chicken embryos were used74 #bf ,jan #dc3 ,artificial infection with vitelline membrane virus ,,op ,no4 #bbc and #bbf 7,rickettsia-,prowazeki--strain from ,robert ,koch ,institute74 ,,dr4 ,,ding ,,ss ,sturmbannfuehrer #i ,jan #dc3 ,by order of the ,chief of the ,medical ,service of the ,waffen ,,ss1 ,,ss ,gruppenfuehrer and ,major ,general of the ,waffen ,,ss ,dr4 ,genzken1 the typhus research station at the ,buchenwald concentration camp becomes the 8,division for ,typhus and ,virus ,research40 ,the head of the division will be ,,ss ,sturmbannfuehrer ,dr4 ,ding4 ,during his absence1 the station medical officer of the ,waffen ,,ss1 ,weimar1 ,,ss ,hauptsturmfuehrer ,hoven1 will supervise the production of vaccines4 ,the ,chief of the ,,wvha1 ,,ss ,obergruppenfuehrer and ,lt4 ,general of the ,waffen ,,ss1 ,pohl1 has ordered the extension of the block of stone buildings4 ,,ss ,sturmbannfuehrer ,dr4 ,ding is at the same time appointed chief departmental head for special missions in office ,,xvi 7,hygiene71 of office group ,d 7medical affairs of the ,waffen ,,ss7 of the ,,ss ,main ,operational ,headquarters4 #aj ,jan #dc3 ,therapeutic ,experiments with ,acridine and ,methylene ,blue ,at the suggestion of the ,i4 ,g4 ,farbenindustrie ,a4 ,g4 the following were tested as typhus therapeutica3 a4 ,preparation #c1ehb 8,acridine0 of the chemical pharmaceutical and sero-bacteriological department in ,frankfurt-on-,main1 ,hoechst1 ,professor ,lautenschlaeger and ,dr4 ,weber4 7,therapeutic experiment ,a7 b4 ,methylene ,blue1 tested in an experiment on mice by ,professor ,kiekuth1 ,elberfeld4 7,therapeutic experiment ,m7 #bf ,jan #dc3 ,artificial infection with vitelline membrane virus ,,op ,nos4 #bbc and #bbf3 #bj persons for therapeutic experiment ,a3 ,acridine4 #bj persons for therapeutic experiment ,m3 ,methylene ,blue4 #g persons for control4 #bj ,feb #dc3 ,the control persons from the typhus infections of the #bf ,january #aidc show no typical typhus symptoms2 in the groups1 vaccine 8,,em0 of the ,behring ,works1 ,acridine1 ,methylene ,blue1 about are also not sick1 the remainder have medium typhus4 ,the research series was designated to the manufacturer as 8negative10 since the persons for control could not be infected properly4 ,one death in therapeutic experiment ,acridine4 ,,dr4 ,,ding ,,ss ,sturmbannfuehrer #aj ,jan #dc3 ,yellow ,fever ,vaccine ,tests ,the ,behring ,works1 ,marburg-,lahn1 the ,robert ,koch ,institute1 ,berlin1 and the ,institute for ,typhus and ,virus ,research of the ,army ,high ,command in ,krakow were commissioned by the ,army ,high ,command to manufacture the yellow fever vaccine of ,beltier and collaborators4 ,since a live virus is being handled1 a test is to be performed on #e persons for safety's sake from each vaccine charge4 ,at the same time #ej persons are to be vaccinated once with ,,op ,no4 #be of the ,robert ,koch ,institute1 which has already been tested for its harmlessness1 to determine the decrease of working capacity4 ,the results of the yellow fever vaccine tests are to be sent to office ,,xvi in the ,,ss ,main ,operational ,headquarters1 in duplicate1 who will forward one to the manufacturer1 and one to the ,army ,high ,command1 attention3 ,oberstabsarzt ,dr4 ,schmidt1 ,army ,medical ,inspectorate4 ,list of ,tested ,,op ,numbers ,manufacturer ,no4 #a4 ,behring ,works1 ,marburg4 #a1 #b1 #d4 #ac ,jan-#bf ,jan #dc4 #b4 ,robert ,koch ,institute1 #bh1 #cj1 #cg1 #ch1 #aa ,jan-#bf ,jan #dc4 ,berlin4 #ci4 #c4 ,robert ,koch ,institute1 #df1 #dg1 #dh1 #di1 #cj ,jan-#h ,feb #dc4 ,berlin4 #ej4 #d4 ,behring ,works1 ,marburg4 #d1 #e1 #f1 #g1 #h1 #cj ,jan-#h ,feb #dc4 #i1 #aj1 #aa1 #ab1 #ac1 #ad1 #ae1 #af1 #ag1 #ah1 #ai1 #bj1 #ba1 #bb1 #bc4 #e4 ,army ,high ,command1 ,krakow4 #ai1 #ba1 #bb1 #bc1 #i ,feb-#bb ,feb #dc4 #be1 #bf1 #bg4 #f4 ,behring ,works1 ,marburg4 #bd1 #be1 #bf1 #bg1 #aa ,feb-#bb ,feb #dc4 #bh1 #bi1 #cj1 #ca1 #cb1 #cc4 #g4 ,behring ,works1 ,marburg4 #cd1 #ce1 #cf1 #cg1 #be ,feb-#g ,mar #dc4 #ch1 #ci1 #dj1 #da1 #db1 #dc4 #h4 ,army ,high ,command1 ,krakow4 #bh1 #bi1 #cj1 #cb1 #be ,feb-#g ,mar #dc4 #cd4 #i4 ,robert ,koch ,institute1 #ed1 #ee1 #eg1 #eh4 #be ,feb-#g ,mar #dc4 ,berlin4 #aj4 ,behring ,works1 ,marburg4 #ed1 #ee1 #ef1 #eg1 #f ,may-#ag ,may #dc4 #eh1 #ei1 #fj1 #fa4 ,production is being abandoned for the time being because of the military situation4 ,,dr4 ,,ding ,,ss ,sturmbannfuehrer #c ,feb #dc3 ,sterility ,experiment with an ,egg ,vaccine ,a package was sent to us with a small bottle of #bj cc4 typhus vaccine from egg-yolk cultures4 ,op ,no4 #ce of #ae ,october #aidb4 ,a second injection on #h ,december #aidb1 a third injection on #ac ,december #aidb1 of a typhus vaccination for immunization was carried out on ,sister ,lilli ,boehm1 born on #c ,april #aiab1 by resident surgeon ,dr4 von ,eysmond4 ,towards evening a temperature of #ajd ,f4 7#dj ,c474 ,forty-eight hours after the last vaccination1 death in coma in the ,german clinic in ,kovno4 ,section protocol3 ,typhus 7,no4 #bjcc1 ,university of ,kovno1 pathological institute1 ,dr4 ,starkus74 ,investigation3 ,material vaccinated on #a4 #b percent ,schraegagar #b4 ,bouillon #c4 #b percent ,glucose ,bouillon #d4 ,tarrozzi ,no growth after #dh hours #e4 ,blood slide #f4 ,klauberg slide ,during animal experiments1 guinea pigs and mice were vaccinated intraperitoneally and under the skin of the back4 ,no pathological symptoms at all4 ,results3 ,the vaccine not responsible for the death4 ,vaccination took place during the incubation period4 ,,dr4 ,,ding ,,ss ,sturmbannfuehrer #h ,feb #dc3 ,visit of ,oberstabsarzt ,dr4 ,eyer from the ,institute for ,typhus and ,virus ,research of the ,army ,high ,command in ,krakow and ,oberstabsarzt ,dr4 ,schmidt from the ,army ,medical ,inspectorate4 #bb ,feb #dc3 ,examination of ,unknown ,bacteriological ,material ,during ,august #aidb ,soviet parachutists were dropped in the ,marienburg district2 they carried in their baggage amphiole material1 which was turned over by the ,,rsha 7,dept4 ,,iv ,a_/#b ,book ,no4 #baeb_/dci on #be ,feb #aidc74 ,they were dysentery bacteriophaga which could be clearly diagnosed by animal and culture experiments2 this can be used for therapeutic purposes in cases of diarrhea4 ,,dr4 ,,ding ,,ss ,sturmbannfuehrer #bh ,feb #dc3 #f ,mar #dc3 ,unit of ,,ss ,sturmbannfuehrer ,dr4 ,ding ordered to ,paris to procure laboratory material for the ,division for ,typhus and ,virus ,research1 and the ,institute of ,hygiene4 #bc ,mar #dc3 ,conference between ,,ss ,sturmbannfuehrer ,barnewald1 ,,ss ,sturmbannfuehrer ,dr4 ,ding and ,,ss ,hauptscharfuehrer ,schlesinger of department ,w #e1 ,w ,v ,h ,a concerning the breeding of rabbits1 guinea pigs1 and mice as experimental animals for the experimental department4 #be ,jan #dc3 #bh ,feb #dc3 ,typhus ,vaccine1 ,research ,series ,,vi ,to determine the immunization effect1 the following were actively vaccinated for immunization3 #bj persons with vaccine 8,zuerich0 from the hygiene institute of the ,university of ,zuerich 7lungs of mice71 and #bj persons with vaccine 8,riga0 from the serum institute of the ,university of ,riga 7,professor ,darsin1 from vitelline membrane cultures74 #ca ,mar #dc3 ,artificial infection with egg ,rickettsia 7,rickettsia-,prowazeki7 of the ,robert ,koch ,institute1 ,berlin4 #aa ,apr #dc3 ,the infection of #ca ,march #aidc has not resulted in any sickness so far4 #bh ,apr #dc3 ,experimental series abandoned4 ,,dr4 ,,ding ,s ,sturmbannfuehrer #g ,mar #dc3 ,examination of the water and inspection of the concentration camp ,vught1 near ,hertogenbosch4 #h ,mar #dc3 #aj ,mar #dc3 ,inspection of billets in ,apeldoorn-,arnhem and vicinity4 ,advising chief surgeon of the commander of the ,netherlands re a diphtheria epidemic in ,apeldoorn4 ,,dr4 ,,ding ,,ss ,sturmbannfuehrer #bd ,mar #dc3 #bj ,apr #dc3 ,carrying out of a large scale experiment on #de persons by the process of the hygiene institute of the ,waffen ,,ss by ,,ss ,standartenfuehrer ,lecturer ,dr4 ,mrugowsky4 ,vaccinations were made on #h different days within #d weeks against smallpox1 typhoid1 paratyphus ,a and ,b1 cholera1 typhus1 and diphtheria4 ,compatibility was generally good4 ,exact records and report were delivered on #bg ,april #aidc to department chief of office ,,xvi4 ,it led partly to a strong decrease in working capacity1 loss of strength1 increase of temperature1 and swelling of the lymph glands4 ,typhoid and smallpox were not vaccinated on the same side of the body1 otherwise great swelling of the lymph glands takes places4 ,the diphtheria adsorbat vaccine led to about #bj cases of strong formation of abcesses4 ,where still in the camp1 the persons were again vaccinated for smallpox within year4 ,,dr4 ,,ding ,,ss ,sturmbannfuehrer #ca ,mar #dc3 ,therapeutic ,experiments 8,acridine ,granulate0 and 8,rutenol0 ,for the therapeutic experiments 8,acridine ,granulate0 7,a4 ,gr7 and ,rutenol 7,r71 #dj persons were infected with egg ,rickettsia4 #aa ,apr #dc3 ,after observation lasting several weeks1 no sickness started4 ,report to ,,ss ,standartenfuehrer ,lecturer ,dr4 ,mrugowsky and ,president ,professor ,gildemeister4 ,the strain 8,matelska0 of the ,robert ,koch ,institute1 which was highly virulent until a year ago1 apparently is no longer pathogenic to humans4 ,a new means of artificial infection must therefore be found1 which will lead to typhus with certainty4 ,,dr4 ,,ding ,,ss ,sturmbannfuehrer #aa ,apr #dc3 ,preliminary ,experiment ,c3 ,to determine a sure means of infection1 experiments with fresh blood from persons stricken with typhus were made4 ,infection took place as follows3 #c persons--#b cc4 each of fresh blood intravenously4 #b persons--#b cc4 each of fresh blood intramuscularly4 #b persons--#b cc4 each of fresh blood subcutaneously4 #b persons--after scarification4 #b persons--with a vaccinating scalpel cutaneously4 ,those infected intravenously contracted typical1 serious typhus and died from failure of the circulatory system4 ,the other experimental subjects complained only of minor discomfort1 without becoming hospital cases4 ,,dr4 ,,ding ,,ss ,sturmbannfuehrer #ac ,apr #dc3 ,preliminary ,experiment ,d3 ,the following were infected3 #f persons with #b cc4 each of fresh blood intravenously4 #f persons with #b cc4 each of fresh blood intramuscularly4 #f persons with #b cc4 each of fresh blood subcutaneously4 #f persons by scarification4 #f persons by means of vaccinating scalpel cutaneously4 ,the #f intravenously infected persons again contracted very serious typhus2 #e died4 ,of the #f infected intramuscularly1 one person contracted medium typhus4 ,the others had no serious complications1 and were not hospital cases4 ,the surest means of infection to produce typhus in humans is1 therefore1 the intravenous injection of #b cc4 fresh typhus-infected blood4 ,,dr4 ,,ding ,,ss ,sturmbannfuehrer #ac and #ad ,apr #dc3 ,unit of ,,ss ,sturmbannfuehrer ,dr4 ,ding ordered to ,i4 ,g4 ,farbenindustrie ,a4 ,g41 ,hoechst4 ,conference with ,professor ,lautenschlaeger1 ,dr4 ,weber1 and ,dr4 ,fussgaenger concerning the experimental series 8,acridine ,granulate and ,rutenol0 in the concentration camp ,buchenwald4 ,visit to ,geheimrat ,otto and ,professor ,prigge in the ,institute for ,experimental ,therapeutics in ,frankfurt_/,main4 #bd ,apr #dc3 ,therapeutic ,experiments ,acridine ,granulate 7,a-,,gr#b7 and ,rutenol 7,r-#b7 ,to carry out the therapeutic experiments ,acridine ,granulate and ,rutenol1 #cj persons 7#ae each7 and #i persons for control were infected by intravenous injection of #b cc4 each of fresh typhus-infected blood4 ,all experimental persons contracted very bad typhus4 #a ,jun #dc3 ,charts and case history completed4 ,the experimental series was concluded4 #ba deaths 7#h with ,acridine ,granulate1 #i with ,rutenol1 #e control74 ,,dr4 ,,ding ,,ss ,sturmbannfuehrer #bg ,apr #dc3 #a ,may #dc3 ,unit of ,,ss ,sturmbannfuehrer ,dr4 ,ding ordered to ,paris to procure laboratory material for the ,division for ,typhus and ,virus ,research and the ,hygiene ,institute4 #aj ,jun #dc3 ,typhoid-,therapeutic ,experiment 8,otrhomin0 ,at the suggestion of the ,robert ,koch ,institute1 ,berlin 7,professor ,dr4 ,lockemann7 the effect of a new therapeuticum of the ,rhoda series--,otrhomin is to be tested on humans4 ,for this purpose1 #bj persons of the series 8,otrhomin0 and #bj persons for control 7#aj immunized1 #aj not immunized7 were infected on #aj ,june #aidc and on #ah ,june #aidc with #b cc4 each of typhoid bacteria in a physical salt solution1 given in potato salad4 ,of the #dj persons1 #g became slightly sick1 #bc more seriously4 ,furthermore1 there were #f ambulatory cases4 ,four persons did not show any symptoms4 #bh ,jul #dc3 ,charts and case history of the series 8,otrhomin0 completed and sent to ,berlin4 #e ,aug #dc3 ,charts and case history of the control series completed and sent to ,berlin4 #aj ,aug #dc3 ,delivery of the records to ,reich ,senior ,medical ,counsellor ,christiansen in the ,reich ,ministry of the ,interior4 ,the experimental series was concluded4 #a death 7control not immunized74 ,,dr4 ,,ding ,,ss ,sturmbannfuehrer #bh ,may #dc3 #ah ,jun #dc3 ,typhus ,vaccine1 ,experimental ,series ,,vii ,carrying out of typhus vaccination for immunization with the following vaccine3 #a4 #bj persons with vaccine 8,asid04 #b4 #bj persons with vaccine 8,asid ,adsorbat0 of the ,anhaltinischen ,serumwerke ,g4 m4 b4 ,h41 ,berlin #g4 #c4 #bj persons with vaccine 8,weigl0 of the ,institute for ,typhus and ,virus ,research of the ,army ,high ,command1 ,army 7,,okh7 ,krakow 7,eyer74 #bg ,aug #dc3 ,infection of-- #bj persons in the series 8,asid04 #bj persons in the series 8,asid ,adsorbat04 #bj persons in the series 8,weigl04 #aj persons for control by intravenous injection of cc4 each of fresh typhus-infected blood1 strain ,bu ,,ii1 ,passage ,i4 ,all experimental persons got very serious typhus4 #g ,sep #dc3 ,chart and case history completed4 ,the experimental series was concluded-- #ec deaths 7#ah with 8,asid01 #ah with 8,asid ,adsorbat01 #i with 8,weigl01 #h control74 #i ,sep #dc3 ,charts and case histories delivered to ,berlin4 ,,dr4 ,,ding ,,ss ,sturmbannfuehrer #h ,nov #dc3 #ag ,jan #dd3 ,high ,immunization ,experiment with ,fraenkel ,vaccines ,according to an immunization plan of the ,fraenkel high immunization for humans1 the compatibility of ,fraenkel-,formol-,toxoid 7,formol-,toxin of bacterium perfringens7 of humans was tested4 ,at first #ae experimental subjects were vaccinated #c times at intervals of #ad days with #a cc4 ,fraenkel-,a#a4 ,f4 ,t4 7,fraenkel-,toxoid absorbed in aluminum hydroxide74 ,after an interval of #ad days1 vaccinations with ,fraenkel-,formol-,toxoid 7,formol-,toxin of bacterium perfringens7 as follows3 #bj ,dec #dc #a cc4 subcutaneously left upper arm4 #bf ,dec #dc #b cc4 subcutaneously right upper arm4 #ca ,dec #dc #d cc4 subcutaneously left upper arm4 #c ,jan #dd #f cc4 subcutaneously right upper arm4 #f ,jan #dd #i cc4 subcutaneously right and left chest4 #aj ,jan #dd #ab cc4 subcutaneously both upper arms4 #ad ,jan #dd #ae cc4 subcutaneously right and left chest4 #ag ,jan #dd3 ,observation of vaccination reactions completed and sent away4 ,,dr4 ,,ding ,,ss ,sturmbannfuehrer #ai ,nov #dc3 #be ,nov #dc3 ,phosphorus-,rubber ,incendiary ,bomb ,experiment ,to test the preparation 8,r #ag0 on fresh phosphorus burns and to test 8,echinacine0 ointment and 8,echinacine extern0 for the later treatment of wounds from phosphorus burns 7all from the ,dr4 ,madaus ,works in ,dresden-,radebeul71 burning tests were carried out on five experimental subjects on the above-mentioned dates with phosphorus1 matter taken from an ,english incendiary bomb found near ,leipzig4 #e ,jan #dd3 ,records delivered to the ,reich medical officer of the ,,ss with the request to forward it to the ,dr4 ,madaus ,works4 ,,dr4 ,,ding ,,ss ,sturmbannfuehrer #cj-ca ,dec #dc3 ,special ,experiment on #d ,persons in the ,koch-,hoven ,case ,by order of ,,ss ,gruppenfuehrer ,nebe1 the experiment was carried out in the presence of ,dr4 ,morgen and ,dr4 ,wehner4 ,,dr4 ,,ding ,,ss ,sturmbannfuehrer #ba ,dec #dc3 #af ,jan #dd3 ,control of ,blood ,plasma ,by order of the ,military ,academy of ,medicine1 ,berlin1 #ah capsules of blood plasma were tested on #ah experimental persons for their compatibility on humans4 #ag ,jan #dd3 ,test records sent away4 #be ,jan #dd3 #ai ,feb #dd3 ,control of ,blood ,plasma ,by order of the ,military ,academy of ,medicine1 ,berlin1 #cj more capsules of blood plasma were tested on #cj experimental persons for their compatibility on humans4 #bb ,feb #dd3 ,test papers sent to ,reich medical officer of ,,ss by courier4 ,,dr4 ,,ding ,,ss ,sturmbannfuehrer #bb ,jan #dd3 #ca ,jan #dd3 ,vaccine ,preliminary ,experimental ,series 8,weimar0 ,to test compatibility and the immunization effect1 five persons were immunized by three vaccinations with typhus vaccine 8,weimar0 7producer3 ,hygiene ,institute of the ,waffen ,,ss1 ,division for ,typhus and ,virus ,research74 ,on #bb ,jan #dd1 #j4e cc41 on #bg ,jan #dd1 #a4j cc41 on #ca ,jan #dd1 #a4j cc4 were injected subcutaneously in the left or right upper arm4 ,for comparison1 #e persons were immunized on the above-mentioned dates with #j4e cc41 #j4e cc41 and #a cc4 of typhus egg-culture vaccine 8,asid0 7,anhaltinische ,serumwerke1 ,berlin7 and #e persons were immunized with typhus vaccine 8,giroud0 7produced by the ,pasteur ,institute1 ,paris1 from rabbit lungs71 #a cc4 each4 #be ,feb #dd3 ,twenty persons 7#ae immunized and #e for control7 were infected by subcutaneous injection of #a_/bj cc4 fresh typhus-infected blood4 ,donor3 ,g 99 99 99 ,nr #gac1 #cf years old 7#fth day of sickness7 ,strain ,bu ,,iv_/,passage #ac4 ,all those infected fell sick with slight to serious typhus4 #e ,apr #dd3 ,chart and case history completed4 #be ,apr #dd3 ,the experimental series was concluded-- #e deaths 7#a ,asid1 #a ,weimar1 #c ,control74 ,,dr4 ,,ding #h ,mar #dd3 #ah ,mar #dd3 ,typhus ,vaccine1 ,experimental ,series ,,viii ,suggested by ,colonel ,m4 ,c4 of the ,air ,corps1 ,oberstarzt ,professor ,rose the vaccine 8,kopenhagen0 7,ipsen-,murine vaccine71 produced from mouse liver by the ,national ,serum ,institute in ,copenhagen1 was tested for its compatibility on humans4 #bj persons were vaccinated for immunization by intramuscular injection into the ,musculus ,glutaeus ,max4 on the following dates3 #h ,mar #dd1 #j4e cc42 #ac ,mar #dd1 #j4e cc42 #ah ,mar #dd1 #a4j cc4 #aj persons were contemplated for control and comparison4 #d of the #cj persons were eliminated before the start of the artificial injection1 because of intermittent sickness4 #af ,apr #dd3 ,the remaining experimental persons were infected on #af ,apr #dd by subcutaneous injection of #a_/bj cc4 typhus sick fresh blood4 ,donor3 ,w 99 99 99 ,no4 #gfc1 #bg years old 7#fth day of sickness7 ,strain ,bu ,,vii_/,passage #a4 ,the following fell sick3 a4 #ag persons immunized2 #i medium1 #h seriously4 b4 #i control persons2 #b medium1 #g seriously4 #b ,jun #dd3 ,the experimental series was concluded4 #ac ,jun #dd3 ,chart and case history completed and sent to ,berlin4 #f deaths 7#c ,kopenhagen1 #c ,control74 ,,dr4 ,,ding #bf ,may #dd3 #ab ,jun #dd3 ,taking of ,blood to ,produce ,typhus ,convalescent ,serum 7,,ffrs7 ,to produce ,,ffrs1 #f1ejj cc4 blood were taken from #ae typhus convalescents between the #adth and #bast day after the fever had subsided1 and sent by courier to the ,,ss ,main ,operational ,headquarters1 office group ,d1 office ,,xvi 7blood conservation7 attn3 ,,ss ,hauptsturmfuehrer ,dr4 ,ellenbeck1 in ,berlin-,lichterfelde4 ,,ding #bb ,may #dd3 #af ,jun #dd3 ,control of ,blood ,plasma ,by order of the ,military ,academy for ,medicine1 ,berlin1 #dd capsules of blood plasma were tested on #dd experimental persons for their compatibility on humans4 #ai ,jun #dd3 ,test protocol sent to the senior hygienist of the ,reich ,medical ,office of the ,,ss and ,police1 ,berlin4 ,,ding #ag ,jul #dd3 #bg ,jul #dd3 ,typhus ,vaccine1 ,experimental ,series ,,ix ,the typhus vaccine 8,weimar01 produced by the ,division for ,typhus and ,virus ,research of the ,hygiene ,institute of the ,waffen ,,ss1 ,weimar-,buchenwald1 was tested according to orders for its efficacy on humans4 ,this vaccine was produced from rabbit lungs according to the process ,durand-,giroud4 ,it contains virus 7,rickettsia-,prowazeki7 of self-isolating types deadened and suspended in #b_/jj ,formol4 #bj persons were immunized on the following dates with #a cc4 each3 #ag1 #bb1 #bg ,july #aidd4 ,the vaccinations were made subcutaneously on the right or left upper arm4 ,for comparison #bj persons were immunized at the same time with 8,weigl0 vaccine1 produced from lice by the ,army ,high ,command in ,krakow according to regulations4 ,furthermore1 #bj persons were provided for control purposes4 #f ,sep #dd3 ,the #fj experimental persons were infected by subcutaneous injection of #a_/aj cc4 fresh typhus-infected blood each into the right upper arm4 ,all persons fell sick as follows3 a4 8,weimar0--#i slightly1 #g slightly to medium1 #d medium4 b4 8,weigl0--#f slightly to medium1 #h medium1 #f seriously4 c4 ,control--#a medium1 #ai seriously4 #ag ,oct #dd3 ,the experimental series was concluded4 #d ,nov #dd3 ,chart and case history completed4 #bd deaths 7#e 8,weigl01 #ai ,control74 ,,dr4 ,,schuler #ac ,oct #dd3 #ca ,oct #dd3 ,taking of ,blood to ,produce ,typhus ,convalescent ,serum 7,,ffrs7 ,to produce ,,ffrs1 #bj4h liters of blood were taken from #dd typhus convalescents between the #adth and #bast day after the fever had subsided1 and sent by courier to the ,,ss ,main ,operational ,headquarters1 office group ,d1 office ,,xvi 7blood conservation7--,,ss ,sturmbannfuehrer ,dr4 ,ellenbeck1 ,berlin-,lichterfelde4 ,,schuler #bf ,oct #dd3 ,special experiment on #f persons according to instructions of ,,ss ,oberfuehrer ,lecturer ,dr4 ,mrugowsky and ,,rkpa 7report on this orally74 ,,schuler #ac ,nov #dd3 ,therapeutic ,experiment with ,typhus ,vaccine ,by order of the senior hygienist of the ,waffen ,,ss of #ab ,august #dd1 it is to be determined whether the course of typhus can be tempered by the intravenous or intramuscular injection of typhus vaccine4 ,for the experimental series #bj persons were considered1 of these1 #aj for intravenous injection 7,series ,a71 #aj for intramuscular injection 7,series ,b7 and1 in addition1 #e persons for control4 ,on #ac ,nov #dd1 the #be experimental persons were infected by subcutaneous injection of #a_/aj cc4 each fresh typhus-infected blood4 ,all persons fell sick as follows3 ,series ,a--#aj serious2 ,series ,b--#a medium #i serious2 ,control--#e serious4 #bb ,dec #dd3 ,the experimental series was concluded4 #b ,jan #de3 ,chart and case history completed4 #ai deaths 7#i ,series ,a1 #f ,series ,b1 #d ,control74 ,,dr4 ,,schuler ,,translation ,,of ,,document ,,no-#beg ,,prosecution ,,exhibit #bhc ,,extract ,,from ,,the ,,affidavit ,,of ,,dr4 ,,erwin ,,schuler1 #bj ,,july #aide1 ,,concerning ,,typhus ,,experiments 99 99 99 99 99 ,hoven's ,share in ,block #df ,in ,february #aidb the order to conduct typhus experiments came through4 ,i was chosen to carry out these experiments4 ,since ,i had my office in ,berlin1 a deputy had to be appointed for my absence in ,buchenwald4 ,reichsarzt ,,ss ,dr4 ,grawitz1 in agreement with the leading doctor of the concentration camps1 ,lolling1 appointed ,,ss #ast ,lt4 ,dr4 ,hoven as station doctor at ,buchenwald4 ,my presence in ,buchenwald always lasted only a few days1 while the experiments and the typhus epidemic lasted about #aj weeks4 ,dr4 ,hoven had orders to get the prisoners 7professional criminals sentenced to death71 who had been released for the experiments from the ,reich ,security ,office and the chief of the concentration camps1 for vaccination or infection after an examination of their physical fitness4 ,as deputy1 he often ordered ,dr4 ,plaza to take over the guard of ,block #df4 ,dr4 ,plaza1 in addition1 continued to work independently under ,kapo ,dietzsch4 ,for experiments that did not result in death1 such as the effectiveness of yellow fever vaccine1 #bjj to #cjj volunteers stood in readiness4 ,this ,i know from rosters that ,dietzsch showed me once4 ,such experiments did not only take place in the block but also1 in a certain case1 in the camp itself4 ,for that experiment about #hj ,dutchmen were taken2 they did not have to work and they were given extra rations4 ,for that they had to have their temperature taken three times daily and every two days they had to give #aj cc4 blood for a blood count4 ,hoven worked as my deputy until my permanent entrance into ,buchenwald in ,august #aidc4 ,in ,september he was arrested4 ,in the year #aidb he had to work a lot by himself1 since ,i contracted typhus and after that was sent to a rest home4 ,immediately after that ,i was detailed to the ,pasteur ,institute in ,paris4 ,during this time the sick reports bore the signature of ,hoven or ,plaza4 ,signed ,,dr4 ,,schuler ,,translation ,,of ,,document ,,no-#ega ,,prosecution ,,exhibit #bhe #aidc ,,work ,,report ,,for ,,department ,,for ,,typhus ,,and ,,virus ,,research ,weimar-,buchenwald1 ,january #aidd4 ,hygiene ,institute of the ,waffen ,,ss ,department for ,typhus and ,virus ,research ,work ,report for the ,year #aidc ,i4 ,division for ,typhus and ,virus ,research1 ,clinical ,section #a ,december #db to #bj ,experiment with typhus vaccines 8,,em0 of the ,behring ,february #dc ,works1 carried out on #bj experimental subjects4 #aj ,january to #bj ,experiment with typhus therapeutics1 ,acridine and ,february ,methylene ,blue1 carried out on #dg experimental subjects4 #aj ,january to #ag ,may ,tests with yellow fever vaccines1 carried out on #dce experimental subjects4 #be ,january to #bh ,experiment with typhus vaccines 8,riga0 and ,april 8,zuerich10 carried out on #dj experimental subjects4 #bd ,march to #bj ,april ,performance of a large-scale experiment according to the scheme of the ,hygiene ,institute of the ,waffen ,,ss1 carried out by ,,ss ,standartenfuehrer ,lecturer ,dr4 ,mrugowsky1 with smallpox1 typhoid1 paratyphus ,a and ,b1 cholera1 typhus1 and diphtheria1 on #de experimental subjects4 #ca ,march to #aa ,april ,experiment with typhus therapeutics ,acridine ,granulate and ,rutenol1 carried out on #dj persons4 #aa ,april to #bd ,may ,preliminary experiments with fresh blood infected with typhus for the purpose of investigating an infallible method of infection1 carried out on #da persons4 #aa ,april--not yet ,infections with typhus so far applied to #dg persons4 terminated #bd ,april to #a ,june ,experiment with typhus therapeutics ,acridine ,granulate 7#b7 and ,rutenol 7#b7 carried out on #dj experimental subjects4 #bh ,may to #i ,experiment with typhus vaccines 8,asid10 ,september 8,asid-,adsorbat10 and 8,weigl0 carried out on #gj persons4 #aj ,june to #h ,august ,experiment with typhoid therapeutics 8,otrhomin10 carried out on #dj experimental subjects4 #h ,november--not yet ,gangrene--high immunization experiment1 carried out terminated on #ae experimental subjects4 #ai ,november--not yet ,experiments with burns by means of phosphorus rubber terminated incendiary bombs carried out on #e persons4 #ba ,november--not yet ,control of blood conservation4 terminated #bc ,december to #ca ,special experiment carried out on #d persons4 ,december ,,ii4 ,division for ,typhus and ,virus ,research1 ,production of ,vaccines #aj ,august ,termination of the exterior alterations on the prisoners' ,block #ej in ,buchenwald concentration camp4 #af ,august ,opening of the ,division for ,typhus and ,virus ,research4 ,transfer of the head of the department1 ,,ss ,sturmbannfuehrer ,dr4 ,ding to ,buchenwald4 ,beginning of the preliminary work for production4 #bj ,september ,first infection of #c guinea pigs with typhus-infected blood1 strain ,bu ,i4 ,up to the end of the year #h successful infections from this strain and positive adaptation of the strain to mice 7with only #b infections due to lack of these experimental animals71 as well as to the lungs of rabbits through mice with the brains of guinea pigs as starting material4 #bd ,september ,isolation of the strain ,bu ,,ii on #c guinea pigs with typhus-infected blood4 ,after successful adaptation at the end of the year #hth infection4 ,performance of #d infections of mice4 ,great quantities of standard type ,rickettsia4 ,furthermore successful adaptation of the strain ,bu ,,ii to the lungs of rabbits through mice4 #i ,october ,due to lack of mice experiment to adapt the mixed strains ,bu ,i and ,bu ,,ii directly from infected brains of guinea pigs to the lungs of rabbits4 ,at the end of the year this strain is contained fully virulent in the #fth infection of rabbits4 ,since the #eth infection1 particularly1 great quantities of ,rickettsia on the lungs of rabbits4 ,the results of the direct adaptation experiments are being checked by pathogenic and skin virulence tests4 #ab ,october ,reported to the ,hygiene ,institute of the ,waffen ,,ss that the experiments for the breeding of ,rickettsia strains on the lungs of rabbits were successful and production was only handicapped by the lack of the refrigerator and of the ,calabeius meat-triturator model4 #bb ,october ,isolation and transfer to guinea pigs of the strain ,bu ,,iv of subjects infected with typhus after strain ,bu ,,iii had died during the first infection4 ,in this case the lack of mice was once more especially noticeable4 ,first half of ,outbreak of an epidemic among #cge recently supplied ,november mice to which #bhi animals succumbed within a few days4 ,as the remaining mice were not healthy either1 they were killed4 #aa ,november ,vaccination of rabbits with infected lungs of mice4 ,later on1 performance of two more infections of rabbits4 ,experiments are a complete success2 large quantities of ,rickettsia with well-developed bacilli-shaped elements on the lungs of the rabbits4 #cj ,november ,successful direct adaptation of the strain ,bu ,,iv from the brains of infected guinea pigs to the lungs of rabbits4 ,after performance of another infection of rabbits1 mixing of the strain with the strain ,bu ,i and ,bu ,,ii4 ,all infections continue to be successfully carried out4 #d ,december ,experiment1 by making use of the night frosts and by using the handshake technique without refrigerator and without ,calabeius1 to produce the first sample of vaccine4 ,for this purpose1 lungs of rabbits of the #eth or #fth infection series of the mixed strain ,bu ,i and ,bu ,,ii1 which are rich in ,rickettsia1 were used4 #ad ,december ,centrifugation of the suspension produced on #d ,december4 #ae ,december ,starting of the refrigerator which had arrived in the meantime4 ,result of the examination of the sediment of the vaccine produced on #d ,december3 after #b hours of centrifugation great quantities of ,rickettsia 7bacilli-shaped1 point-shaped1 dumbell-shaped74 ,the sterility control proved the suspension free from bacteria4 #ag ,december #d guinea pigs were given intraperitoneal injections of #a cc4 of vaccine each1 in order to check whether the vaccines produced on #d ,december agreed with them4 ,the guinea pigs did not show any alterations of voracity nor of temperature and were still alive at the end of the year4 #bd ,december ,vaccination of a series of #aj guinea pigs1 with our own vaccine and ,giroud vaccine1 in order to infect them later on with typhus-infected blood4 #bi ,december ,the reactions for skin virulence according to ,giroud show a virulence of the suspension at a dilution of #a3b4jjj to #a3d4jjj4 ,for the performance of the breeding experiments #ef mice1 #acd guinea pigs1 and #aab rabbits were used up to the present date4 ,in the serological department #abbf proteus ,,ox #ai agglutinations1 #c ,gruber-,widal tests1 and #d ,takata-,ara reactions were performed for the ,,ss infirmary and ,buchenwald concentration camp and its branch camps4 ,for our own requirements up to this date1 about #a1ejj cubic cm4 of typhoid-paratyphus ,b deposits have been produced1 in order to reduce the power of resistance of the experimental animals4 ,,iii4 ,inspections of the ,division for ,typhus and ,virus ,research #h ,february ,inspection of the clinical section by ,oberstabsarzt ,dr4 ,eyer of the ,institute for ,typhus and ,virus ,research of the ,army ,high ,command1 ,krakow and by ,oberstabsarzt ,dr4 ,schmidt of the ,army ,medical ,inspectorate4 #bd ,august ,inspection of the department by the ,director of the ,central ,building ,section of the ,waffen ,,ss and ,police1 ,,ss ,obersturmfuehrer ,huehnefeld1 and discussion of necessary improvements4 #bf ,august ,inspection by the ,higher ,,ss and ,police leader in ,kassel1 ,,ss ,obergruppenfuehrer and ,general of the ,waffen ,,ss1 the ,prince of ,waldeck and ,pyrmont1 and by the commandant of ,buchenwald concentration camp4 #c ,september ,inspection by the head of the ,hygiene ,institute of the ,waffen ,,ss1 ,,ss ,standartenfuehrer ,lecturer ,dr4 ,mrugowsky4 #bi ,september ,inspection by the ,chief of ,office ,d ,,iii in the ,,ss ,economic and ,administrative ,main ,office 7,,wvha71 ,,ss ,obersturmbannfuehrer ,dr4 ,lolling and ,professor ,dr4 ,schenk4 ,,iv4 ,official ,trips by the ,head of the ,division for ,typhus and ,virus ,research #bh ,february to #f ,,ss ,obersturmbannfuehrer ,dr4 ,ding ordered to ,paris ,march for the purchase of laboratory equipment for the ,division for ,typhus and ,virus ,research ,weimar-,buchenwald1 and for the ,hygiene ,institute of the ,waffen ,,ss4 #bg ,april to #a ,may ,once more on detached service to ,paris for the same purpose4 #be ,june to #ae ,august ,ordered sick leave at ,sellin on ,ruegen4 #bg ,august ,conferences with the ,zeiss firm at ,jena1 with the ,landesgewerbearzt and in the ,university ,library4 #d ,september ,inspection in the village of 8,x0 with the ,head of the ,hygiene ,institute1 ,,ss ,standartenfuehrer ,lecturer ,dr4 ,mrugowsky1 with the ,standortarzt of the ,waffen ,,ss ,weimar-,buchenwald1 and with the adjutant of the commandant of the ,buchenwald concentration camp4 #h ,september ,another inspection in the village of 8,x04 #af,september ,purchase of laboratory requisites at ,jena1 conference with the ,zeiss firm concerning the alteration of #b microscopes4 #bc ,september ,purchase of laboratory requisites at ,erfurt4 #bi ,september to #d ,conference in ,berlin with the ,head of the ,hygiene ,october ,institute of the ,waffen ,,ss1 ,,ss ,standartenfuehrer ,lecturer ,dr4 ,mrugowsky4 #ac ,october ,inspection at 8,dora0 and 8,laura0 with the commandant of the ,buchenwald concentration camp4 #ba ,october ,inspection of the branch commands ,leipzig ,wernigerode1 ,schoenebeck1 and 8,dora0 with the camp commandant4 #be ,october to #ae ,on detached service with the ,german ,hygiene ,november ,institute for the ,eastern ,territories in ,riga1 and subsequently conference with the ,madaus firm in ,dresden at the instance of ,,ss ,obergruppenfuehrer and ,general of the ,waffen ,,ss von ,woyrsch4 ,,ss ,sturmbannfuehrer4 ,,translation ,,of ,,document ,,no-#aba ,,prosecution ,,exhibit #bic ,,letter ,,from ,,haagen ,,to ,,hirt1 #ae ,,november #aidc1 ,,concerning ,,prisoners ,,to ,,be ,,used ,,as ,,experimental ,,subjects ,,for ,,tests ,,with ,,typhus ,,vaccine #ae ,november #aidc ,secret ,to3 ,professor ,dr4 ,hirt ,anatomical ,institute of the ,reich ,university ,strasbourg ,on #ac-aa-dc1 an inspection was made of the prisoners that were furnished to me in order to determine their suitability for the tests which have been planned for the typhus vaccines4 ,of the #ajj prisoners that have been selected in their former camp1 #ah died during transport4 ,only #ab prisoners are in such a condition that they can be used for these experiments1 provided their strength can first be restored4 ,this should take about #b-c months4 ,the remaining prisoners are in such a condition that they cannot be used at all for these purposes4 ,i might point out that the experiments are for the purpose of testing a new vaccine4 ,such experiments only lead to fruitful results when they are carried out with normally nourished subjects whose physical powers are comparable to those of the soldiers4 ,therefore1 experiments with the present group of prisoners cannot yield usable results1 particularly since a large part of them are apparently afflicted with maladies which make them unsuitable for these experiments4 ,a long period of rest and of good nourishment would not alter this fact4 ,i request1 therefore1 that you send me #ajj prisoners1 between #bj-dj years of age1 who are healthy and who are so constituted physically that they furnish comparable material4 ,heil ,hitler6 ,,stabsarzt ,,prof4 ,,dr4 ,e4 ,,haagen ,,translation ,,of ,,document ,,no-#abb ,,prosecution ,,exhibit #bih ,,letter ,,dictated ,,by ,,rose1 ,,addressed ,,to ,,haagen1 #ac ,,december #aidc1 ,,concerning ,,experimental ,,subjects ,,for ,,vaccine ,,experiments ,professor ,rose1 ,chief ,surgeon4 ,o4 ,u41 #ac ,december #aidc4 ,stabsarzt ,professor ,haagen ,institute of ,hygiene of the ,reich ,university ,strasbourg1 ,alsace1 ,adolf ,kussmaulstrasse #c ,dear ,herr ,haagen1 ,many thanks for your letter of #h ,december4 ,i regard it as unnecessary to make a renewed special request to the ,,ss ,main ,office in addition to the request you have already made4 ,i request that1 in procuring persons for vaccination in your experiment1 you requisition a corresponding number of persons for vaccination with the ,copenhagen vaccine4 ,this has the advantage1 as also appeared in the ,buchenwald experiments1 that the testing of various vaccines simultaneously gives a clearer idea of their value than the testing of one vaccine alone4 ,with best wishes1 ,heil ,hitler6 ,yours 7,dictated by ,prof4 ,rose and signed after his departure7 ,by order ,signed ,,schwarze ,private1 #ast ,class 7,med4 ,corps7 ,,translation ,,of ,,document ,,no-#abc ,,prosecution ,,exhibit #cjc ,,letter ,,from ,,haagen ,,to ,,hirt1 #i ,,march #aidd1 ,,concerning ,,experiments ,,conducted ,,with ,,typhus ,,vaccine ,,and ,,requesting ,,experimental ,,subjects #i ,may #aidd ,main ,office ,,ss through ,professor ,dr4 ,hirt ,anatomical ,institute of the ,reich ,university ,strasbourg ,i enclose herewith a carbon copy of a paper on our experiments with a dry typhus vaccine4 ,the paper was sent to the ,chief of the ,luftwaffe ,medical ,service as a manuscript1 with the request for permission to publish it4 ,it constitutes a report concerning further experiments with a typhus vaccine which has not been made sterile by chemical agents or by heating4 ,as may be seen from the results1 it has been possible to produce a vaccine which provides not only an antitoxic immunity but also a definite anti-infection immunity which is of particularly practical significance4 ,however1 it is clearly pointed out that vaccination is followed by a rather long fever reaction and1 therefore1 its introduction cannot yet be recommended4 ,further tests are now in progress to alter the vaccine so that1 without losing its antigenic property1 it will produce so weak a reaction that no general indisposition will result4 ,these tests will be made by reducing the dose or by storing the vaccine for a longer interval4 ,to carry out this research1 experimental subjects will again be needed4 ,i1 therefore1 again request that subjects be furnished to me for this purpose4 ,in order to obtain results which are accurate and which can be statistically evaluated1 ,i ask that #bjj persons be furnished to me for inoculation4 ,i may point out that they must be in a physical condition similar to that of members of the armed forces4 ,it is highly desirable that ,i again be permitted to carry out these experiments at camp ,natzweiler4 ,,professor ,,dr4 ,e4 ,,haagen ,,translation ,,of ,,document ,,no-#aci ,,prosecution ,,exhibit #cag ,,letter ,,from ,,dr4 ,,grunske ,,to ,,haagen1 #g ,,march #aidd1 ,,concerning ,,reports ,,on ,,yellow ,,fever ,,virus ,,experiments ,,requested ,,by ,a ,,japanese ,,medical ,,officer ,high ,command of the ,navy ,flottenarzt ,dr4 ,grunske ,berlin1 #g ,march #aidd ,landgrafenstr4 #ab ,tel3 #bd #ieia ,ext #bda ,to3 ,professor ,dr4 ,haagen ,strasbourg ,hygiene ,institute of the ,university ,dear ,professor3 ,in connection with my letter of #bf ,february and your long distance telephone call of #f ,march1 ,i must advise you that the ,japanese ,oberstabsarzt has in the meantime contacted ,oberstarzt ,professor ,dr4 ,rose of the ,luftwaffe ,medical ,service1 and that the latter has promised to secure for him from ,strasbourg all the accounts concerning the yellow fever virus experiments which are important to him4 ,therefore1 ,oberstartz ,dr4 ,rose will give you further details4 ,i therefore ask that the matter be considered closed between us4 ,with fraternal esteem and ,heil ,hitler6 ,respectfully yours ,signed ,,dr4 ,,grunske ,flottenarzt ,,translation ,,of ,,rose ,,document #af ,,rose ,,defense ,,exhibit #ab ,,extracts ,,from ,,the ,,affidavit ,,of ,,professor ,,otto ,,lenz1 ,,director ,,of ,,the ,,robert ,,koch ,,institute ,,in ,,berlin 99 99 99 99 99 ,professor ,rose was not the 8typhus expert0 of the ,robert ,koch ,institute1 nor did he work on typhus there4 ,but he was the ,chief of the ,department of ,tropical ,medicine1 and was in this capacity1 with the exception of one field of research1 7that of the transmission of dysentery and typhoid bacilli by insects7 exclusively concerned with tropical diseases and parasites 7insects74 ,the typhus expert of the institute was rather ,professor ,haagen1 the ,chief of the ,virus ,division4 ,after his departure1 following his appointment to the ,chair of ,hygiene at ,strasbourg ,university1 ,professor ,gildemeister1 the then ,president of the ,institute1 continued the research on typhus4 ,thus1 various physicians1 among them ,dr4 ,ding1 received instruction on typhus from ,professor ,haagen in the ,virus ,division1 but not from ,professor ,rose4 ,owing to the destruction by air raids of many of the files of the ,robert ,koch ,institute1 ,i can no longer ascertain whether ,professor ,rose was associated with the decisions taken on typhus experiments4 ,several of the men who were at that time departmental chiefs1 however1 assured me unanimously1 that this had not been the case4 99 99 99 99 99 ,finally1 nothing is known of ,professor ,rose's having had the opportunity to become aware of ,geheimrat ,lockemann's chemo-therapeutical experiments 7chemo-therapy of abdominal typhoid with otrhomin74 ,the only research on abdominal typhoid carried on in ,rose's department consisted of the experiments on the role of the house fly in the transmission of dysentery caused by bacteria and of abdominal typhoid4 99 99 99 99 99 ,,translation ,,of ,,rose ,,document #df ,,rose ,,defense ,,exhibit #bj ,,extract ,,from ,a ,,certified ,,statement1 #d ,,march #aidg1 ,,of ,j4 ,,oerskov1 ,m4 ,d41 ,,director ,,of ,,the ,,state ,,serum ,,institute ,,in ,,copenhagen 99 99 99 99 99 ,in answer to questions asked us about the visit of ,professor ,rose1 ,i can say the following3 to #a4 ,did ,professor ,rose1 when he visited the ,institute at the end of ,september #aidc1 request the ,copenhagen ,institute to take up the production of the typhus vaccine from ,r4 pr4 in order to help overcome the great shortage of typhus vaccine8 ,yes4 to #b4 ,was this request refused by ,director ,oerskov for valid reasons8 ,yes4 to #c4 ,was ,r4 then taken to visit ,dr4 ,ipsen's section8 ,i do not remember this1 but it is apparent from ,dr4 ,ipsen's experimental records that ,professor ,rose actually was in ,dr4 ,ipsen's laboratory on #bd ,september and probably discussed these problems with him4 ,unfortunately1 ,dr4 ,ipsen is at present in ,america on a study trip and will not return before ,june or ,july4 ,it is1 however1 apparent from our records that if ,profesor ,rose ever received samples of our vaccine it could only have been a small quantity1 and neither ,i nor ,dr4 ,ipsen's colleagues have ever heard anything of the possible effects of our vaccine4 ,through the ,danish ,red ,cross we sent our vaccine to ,danish as well as to ,norwegian prisoners of war camps1 so that the vaccine was given only to ,danish or ,norwegian colleagues4 ,we heard from ,danish colleagues that the effect of these vaccinations was good4 ,i can add that ,i am grateful to ,professor ,rose because he probably helped to prevent our ,institute's being compelled to take over the production of typhus vaccine4 ,it is entirely unpredictable what calamities might have arisen if we had been forced to take up the production of this vaccine4 ,signed ,j4 ,,oerskov ,director of the ,state ,serum ,institute ,not4 ,k4 ,j4 ,no4 #aigd_/dg ,,extracts ,,from ,,the ,,testimony ,,of ,,prosecution ,,witness ,,eugen ,,kogon#fc ,,direct ,,examination 99 99 99 99 99 ,,mr4 ,,mchaney3 ,now1 will you please explain to the ,tribunal in your own words exactly how these typhus experiments were carried out4 ,,witness ,,kogon3 ,after #dj to #fj people1 sometimes up to #abj1 had been detailed for a series of experiments1 one-third of them were separated1 and the other two-thirds were either vaccinated with a protective treatment1 or it was otherwise administered to them1 if it was a chemical therapeutical treatment4 ,those people who were protected against typhus remained in ,block #df for several weeks until their infection with ,rickettsias ,prowazeki1 the typhus agent4 ,the first selection1 that is to say1 the first third1 was also infected together with them4 ,they served as so-called control persons1 with the help of whom it was possible to ascertain whether the infection took and what course the disease took in their cases1 so that this course could be compared with that of those who had been vaccinated and then infected4 ,the infection was performed in various ways4 ,either typhus was transferred through fresh blood injected intravenously or intramuscularly4 ,at the beginning1 too1 by scratching the skin1 or by making a small incision in the arm4 ,in the initial stages1 two cubic centimeters of fresh blood infected with typhus were used for the infection1 unless the infection concerned was one with an infectious solution4 ,two cubic centimeters of fresh blood containing typhus were then usually injected into the veins4 ,later on that dosage was reduced to #a_/bj of #a cubic centimeter because the large quantity of #b cubic centimeters would penetrate any security achieved by the vaccination4 ,even #a_/bj of a cubic centimeter of fresh blood containing typhus was usually enough to produce a very high degree of typhus if injected into the veins4 ,in the course of years the typhus cultures used at ,buchenwald had been cultivated from man to man and had increased their strength1 their virulence to a considerable degree1 so that the very smallest quantity was sufficient4 ,i suggested to ,sturmbannfuehrer ,dr4 ,ding in #aidd that in order to increase the scientific value he should reduce the quantity of these injections to the extreme minimum so that the so-called threshold value could be ascertained--in other words1 so that the artificial infection should be as similar to normal infection by lice as possible4 ,he turned this suggestion down because he believed that then no convincing proof could be achieved of the real strength of the protective treatment used4 ,a third category of the experimental persons was used to maintain the typhus cultures4 ,those were the so-called passage persons1 amounting to three to five persons per month4 ,they were merely infected for the purpose of ensuring a constant supply of fresh blood containing typhus4 ,very nearly all those persons died4 ,i do not think ,i am exaggerating if ,i say that #ie percent of these cases were fatal4 ,q4 ,witness1 do you mean to say that they deliberately infected three to five persons a month with typhus just to have the viruses alive and available in blood8 ,a4 ,just for that particular purpose4 ,q4 ,can you tell the ,tribunal approximately how many of those persons died who were infected just to keep the viruses alive8 ,a4 ,from the so-called passage persons1 as ,i have already said1 between three to five were used per month1 that is1 when ,i was working for ,dr4 ,ding-,schuler--every month until the end of the ,buchenwald concentration camp4 ,that is to say1 from ,april #aidc until ,march #aide4 ,as far as the previous period is concerned1 ,i only know that passage persons had been used1 but ,i do not know the figures4 ,q4 ,now1 ,witness1 were experimental persons also infected with lice8 ,a4 ,as far as ,i know1 only one single experiment took place in ,buchenwald where an original infection with typhus was performed with lice4 ,the infected lice were brought from the ,,okh ,institute in ,krakow by a courier and were taken to ,block #df4 ,there they were kept in small cages which were applied to the thighs of the experimental persons1 and a number of persons1 ,i do not know how many1 were infected4 ,some of our comrades let a few lice escape in a room of ,block #df1 but they kept them under control and reported to the ,kapo that infected lice had escaped from the cages4 ,kapo inmate trusty ,arthur ,dietzsch immediately reported this to the camp physician1 ,dr4 ,hoven1 who was deputizing at that time for ,dr4 ,ding-,schuler4 ,dr4 ,hoven1 following ,dietzsch's advice1 then ordered the destruction of these infected lice4 ,a second delivery from ,krakow was also burned because it was not desired that experiments should be performed which entailed such danger for the camp4 99 99 99 99 99 ,q4 ,can you tell the ,tribunal whether these experimental subjects suffered to any appreciable extent during the course of these typhus experiments8 ,a4 ,there we must draw a strict dividing line between the general mental condition of such experimental persons and the physical condition caused by this disease4 ,every man in the camp knew that ,block #df was a dreadful place4 ,only a very few people in the camp had an exact idea of what was going on in ,block #df4 ,a dreadful horror seized anyone who was brought into any kind of connection with this block4 ,if people were selected and taken to ,block #df through the sick bay1 then they knew that the affair was a fatal one4 ,the untold horror which was attached to this block made things even worse4 ,apart from this1 it was generally known in the camp that ,kapo ,arthur ,dietzsch exercised iron discipline in ,block #df4 ,there the cat-o'-nine-tails really ruled supreme4 ,everyone1 therefore1 who went to ,block #df as an experimental person did not only have to expect death1 and under certain circumstances a very long drawn out and frightful death1 but also torture and the complete removal of the last remnants of personal freedom4 ,in this mental condition these experimental persons waited in the sick bays for an unknown period of time4 ,they waited for the day or for the night when something would be done to them2 they did not know what it would be1 but they guessed that it would be some frightful form of death4 ,if they were vaccinated1 then sometimes the most horrible scenes took place1 because the patients were afraid the injections were lethal4 ,kapo ,arthur ,dietzsch had to restore order with iron discipline4 ,after a certain period1 when the actual illness had set in after the infection1 ordinary symptoms of typhus would appear1 which1 as is well known1 is one of the most serious illnesses4 ,the infection1 as ,i have already described to you1 became so powerful during the last two and a half years that the typhus almost always appeared in its most horrible form4 ,there were cases of raving madness1 delirium1 people would refuse to eat1 and a large percentage of them would die4 ,those who experienced the disease in a milder form1 perhaps because their constitutions were stronger or because the vaccine was effective1 were forced continuously to observe the death struggles of the others4 ,and all this took place in an atmosphere hardly possible to imagine4 ,just what happened to those people who survived the typhus was something which they did not know during the period of convalescence4 ,would they remain in ,block #df to be used for other purposes8 ,would they be used as assistants8 ,would they be feared as surviving witnesses of the experiments on human beings and therefore killed8 ,all this was something which they did not know and which aggravated the conditions of these experiments4 ,,extracts ,,from ,,the ,,testimony ,,of ,,defendant ,,rose#fd ,,cross-,,examination 99 99 99 99 99 ,,mr4 ,,mchaney3 ,when did you first learn that ,haagen was conducting experiments on concentration camp inmates8 ,,defendant ,,rose3 ,that ,haagen was performing experiments on concentration camp inmates8 ,i don't believe that even today1 but ,i knew that he carried out vaccinations in concentration camps4 ,i cannot remember when ,i first learned of it--probably in #aidc4 ,q4 ,well1 you remember the letter in ,december #aidc8 ,a4 ,i certainly must have known it by then because there ,i refer to it4 ,q4 ,well1 did you know about this sordid occasion when ,haagen had #ah men who had been assigned to him die on transport8 ,a4 ,i never learned anything about that at the time4 ,i found it out from the files4 ,i never knew that prisoners were especially taken to these concentration camps in order to be vaccinated4 ,q4 ,what would you have done if you had known about it8 ,wouldn't that have given you an indication that maybe things were not so nice in the concentration camp1 or maybe proper care wasn't being taken of the inmates in these experiments8 ,a4 ,if ,i had learned anything about it ,i probably would have reacted exactly as ,haagen did4 ,the documents he wrote to the ,,ss office prove that one cannot conduct any experiments of any consequence on such unfortunate people4 ,the record is in the documents here4 ,if ,i had learned about it1 ,i would probably have reacted in exactly the same way1 perhaps more violently4 ,q4 ,well1 ,i should have hoped so4 ,a4 ,i beg your pardon4 ,i didn't understand you4 ,q4 ,i should have hoped you would have reacted somewhat more violently than ,haagen apparently did4 ,a4 ,that is possible4 ,our temperaments are different4 ,q4 ,you recall ,fraeulein ,eyer testified that ,haagen sent reports every three months to the ,medical ,inspector of the ,luftwaffe4 ,do you agree to that testimony8 ,a4 ,i heard the testimony4 ,yesterday in my direct examination ,i commented on it4 ,if ,haagen had reported every three months ,i certainly wouldn't have forgotten it4 ,i had many things on my mind during the war1 but such an exemplary condition of reporting would certainly have impressed itself on my memory4 ,it is quite out of the question that the ,medical ,inspectorate received a report from ,haagen every #c months4 ,i said yesterday that ,i consider ,fraeulein ,eyer's testimony quite credible1 because in view of the number of offices with which ,haagen was in connection1 and from which he received reports1 there were so many reports and accounts necessary that it is a marvel that ,fraeulein ,eyer didn't say she had to write a report every month4 ,i explained with the aid of the documents what obligation to report is apparent from the documents alone4 ,you probably haven't had an opportunity to read the record yet1 but as soon as the record is ready you will be able to see that4 ,i don't think there is any purpose in holding up the proceedings with that any further4 ,q4 ,and you are quite clear that ,haagen never suggested to you that he was going to carry out infection experiments with typhus after vaccination8 ,a4 ,that is not known to me4 ,q4 ,let's have a look at ,document ,,no-#ajei4 ,this will be marked as ,prosecution ,exhibit #dij for identification4 ,now1 will you please read this letter in a loud and resonant voice8 ,a4 ,perhaps ,i may see the photostat4 ,q4 ,will you read the letter aloud1 please8 ,a4 7,reading7 8#bi ,november #aidc--,registered 8,to ,oberstarzt ,professor ,dr4 ,rose 8,inspectorate of the ,medical ,service of the ,luftwaffe 8,saalow 7,post ,office ,zossen-,land7 8,dear ,herr ,rose3 8,enclosed ,i am sending you the report about our experiments with dehydrated typhus vaccine which ,i promised you several days ago4 ,as ,i intend to publish the findings1 ,i have already written the report in manuscript form4 ,after it has been reviewed1 ,i would like it to be submitted to the competent authorities for their approval of its publication in the #8,zentralblatt fur ,bakteriologie' ,central ,periodical for ,bacteriology4 8,one hundred persons from a local concentration camp were put at my disposal for immunization and subsequent infection4 ,unfortunately1 these people were in such a poor physical condition that eighteen of them already died during transport2 the remainder were likewise in such bad physical shape that they could not be used for inoculation purposes4 ,in the meantime ,i have requested #ajj additional persons from the ,,ss ,main ,office1 who should1 however1 be in a normal physical and nutritional condition1 so that the experiments can be carried out on material which at least approaches the physical condition of our soldiers4 8,for the time being1 we will concentrate on an epidemic culture in the form of a virus1 which we have received from ,giroud in the meantime4 ,this seems to be a very good culture4 8,with best regards1 8,heil ,hitler6 8,yours-- 8,enclosure3 one report40 ,and no signature4 ,this is the matter which ,i discussed yesterday4 ,haagen's plan to test the inoculation reactions to his live and virulent dry vaccine by prevaccination with dead vaccine to weaken the reaction4 ,that is the same matter4 ,q4 ,i thought you said about two minutes ago that you didn't know of the incident where eighteen of the inmates put at ,haagen's disposal had died during transport4 ,a4 ,yes1 that's true4 ,that's what ,i said4 ,i had forgotten about it4 ,i thought that ,i had learned it for the first time from the records4 ,if ,i had remembered it1 ,i would1 of course1 not have exposed myself by denying it4 ,but now ,i see this letter4 ,it is obviously a carbon copy4 ,i must assume that on #bi ,november #aidc the mail was still fairly normal1 and that ,i received the letter1 since a report is mentioned which ,i was to deal with4 ,it was apparently one of ,haagen's papers on his dry vaccine1 on which my knowledge is based and on account of which ,i can give any information here at all as to ,haagen's experiments4 ,this knowledge of mine goes back to these papers of his which he wanted to publish4 ,q4 ,it would appear that in spite of your fiery temperament your reaction was even less significant than ,haagen's himself1 wouldn't it8 ,a4 ,since ,i was not concerned in the matter1 as it was something between ,haagen and the concentration camp1 there was no reaction in this case4 ,if somebody else tells me that he has had direct contact with abuses1 then there is no occasion for me to interfere1 since that is settled between the persons concerned4 ,i had nothing to do with the concentration camps4 ,i did not have to carry out any inoculations there4 ,q4 ,and you insist that the words1 8one hundred persons from a local concentration camp were put at my disposal for immunization and subsequent infection0 really don't mean subsequent infection at all1 but a subsequent immunization8 ,a4 ,with the live and virulent dry vaccine1 yes4 ,q4 ,well1 that is certainly an inarticulate way of saying that1 isn't it8 ,a4 ,this is correspondence between experts1 and they know what it's about4 ,q4 ,you state yourself that you are still not sure exactly what ,haagen did1 although you were down there in the middle of #aidc and got him back on the pay roll of the ,luftwaffe1 and you knew he was staying at the laboratory and you knew he was going to work on typhus vaccines1 but you now sit here and say you don't know exactly what he was doing4 ,a4 ,yes4 ,that is true4 ,i have given considerable information here about ,haagen's work1 and ,i have gone to considerable pains to get it all together2 but of course ,i can't give you complete information1 simply because all these experiments were not under our direction and supervision4 ,q4 ,herr ,professor1 the first time the question of subsequent infection came up was in a letter dated #aidd1 and you spent the best part of a day rationalizing 8subsequent infection0 as meaning something entirely different--that it was simply a subsequent vaccination1 after the man had already been vaccinated by the dead vaccine4 ,now1 if you were told on #bi ,november #aidc that he was going to carry out immunization and subsequent infection experiments1 you certainly would have known as a matter of fact what he was doing1 and you would not need to speculate on this stand as you did yesterday4 ,these words are entirely susceptible to the meaning that they mean exactly what they say4 ,a4 ,at this stage of his experiments ,haagen did not yet have a fully developed vaccine4 ,he was working exclusively on the problem of weakening the reaction to this live virulent vaccine4 ,that was the problem he was dealing with at the end of #aidc and the beginning of #aidd4 ,he was looking for various methods of achieving this aim4 ,q4 ,what does he mean in the last paragraph when he says1 8,for the time being1 we will concentrate on an epidemic culture in the form of a virus1 which we have received from ,giroud in the meantime08 ,a4 ,that means that up to that time he had worked with a murine strain1 and that now for the development of the dry vaccine he wanted in addition to use a strain of ,rickettsia-,prowazeki4 ,q4 ,well1 ,i now want to point out to you again that ,i am having considerable difficulty in construing the word 8infection0 to mean vaccination4 ,a4 ,yes4 ,i admit that many of these documents are written in a confusing way1 but ,i believe that ,i can remember the whole matter adequately enough to know what the problem is4 ,the vaccine was not developed enough to be used in vaccination without reaction and then to determine the effect4 ,there were strong fever reactions1 and the problem was how to avoid this fever reaction4 ,q4 ,well1 why call that infection8 ,a4 ,that is a similar condition biologically4 ,an injection of a live1 a virulent vaccine1 from the biological point of view1 is an infection4 ,this expression is used often enough1 but it is an infection which one can absolutely control4 ,q4 ,and after receipt of this letter1 you then wrote him on the #acth of ,december--and this is ,document ,,no-#abb1 ,exhibit #bih--you sent him the ,copenhagen vaccine1 didn't you1 and asked him to test it in his experiments on his concentration camp inmates1 didn't you1 just as they did in ,buchenwald1 as you put it8 ,a4 ,i beg your pardon8 ,q4 ,you sent him the ,copenhagen vaccine after receiving this letter of #bi ,november1 and asked him to test that in his experiments on concentration camp inmates4 ,a4 ,when this discussion of the ,copenhagen vaccine took place1 ,haagen was specially interested in it1 because it was a murine vaccine2 and since he could not yet control fever reaction with murine vaccine--he only succeeded in doing that at the beginning of #aidd by storing the vaccine for a considerable time--he was no longer interested in this ,copenhagen vaccine4 ,but at the end of #aidc1 when he still had the same difficulties as ,blanc with the reactions with the live murine vaccine1 he was considerably interested in the ,copenhagen vaccine4 ,for it was the only vaccine from murine virus available in ,europe at the time4 ,q4 ,you sent it to him1 told him to test it just like they did in a series of experiments in ,buchenwald1 didn't you8 ,a4 ,i don't remember that4 ,q4 ,well1 you remember mentioning ,buchenwald to ,haagen in your letter of #ac ,december #aidc8 ,a4 ,oh1 that's what you mean4 ,yes1 ,i pointed it out as a parallel1 because several vaccines were tested in ,buchenwald for their effect against infection1 and ,haagen in ,strasbourg wanted to test various vaccine for their reaction effect4 ,q4 ,you sent that ,copenhagen vaccine to ,buchenwald also to be tested8 ,a4 ,no4 99 99 99 99 99 ,q4 ,herr ,professor1 did ,mrugowsky ever request you to give him vaccines for use in typhus experiments8 ,a4 ,no4 ,q4 ,did you ever discuss the question as to whether the louse could be infected by a vaccinated typhus patient with the defendant ,mrugowsky8 ,a4 ,that could be possible4 ,this question played an important role for a time in the discussion about the vaccines and their effectiveness4 ,we had some old ,polish observations available to the effect that if vaccinated persons received typhus in spite of the vaccination1 no further illnesses could be transferred by such persons4 ,it is possible throughout1 since this question was of considerable importance that something like that could well have been discussed by ,mrugowsky and myself4 ,we talked a lot about that question4 ,q4 ,did you ever negotiate with ,mrugowsky concerning vaccines to be tested in ,buchenwald8 ,a4 ,no4 ,q4 ,let's look at ,document ,,no-#aged4 7,document submitted to the witness47 ,,mr4 ,,mchaney3 ,i will ask that document ,,no-#aged be marked as ,prosecution ,exhibit #dia for identification4 ,q4 7,continuing7 ,herr ,professor1 will you read this document aloud8 ,a4 8,hygiene ,institute of the ,waffen ,,ss2 ,journal ,no4 #gie_/db 8,berlin ,w #ae1 ,knesebeckstrasse #dc_/dd2 #af ,may #aidb 8,to ,oberfeldarzt ,professor ,dr4 ,rose2 ,berlin ,n4 ,w41 ,foehrerstrasse #b 8,robert ,koch ,institute 8,dear ,professor3 8,the ,reich ,physician ,,ss and ,police has consented to the execution of experiments to test typhus vaccines4 ,may ,i therefore ask you to let me have the vaccines8 8,the other question which you raised1 as to whether the louse can be infected by a typhus patient vaccinated for protection1 will also be dealt with4 ,in principle1 this has also been approved4 ,there are1 however1 still some difficulties at the moment about the practical execution1 since we have at present no facilities for breeding lice4 8,your suggestion to use ,olzscha has been passed on to the personnel department of the ,,ss ,medical ,office4 ,it will be given consideration in due course4 8,with kind regards1 and 8,heil ,hitler6 8,yours 8,dr4 ,,mrugowsky1 ,,ss ,obersturmbannfuehrer40 ,there is a footnote to this letter1 and ,i quote3 8,according to telephone inquiry1 ,dr4 ,mrugowsky asks to be called by telephone after ,professor ,dr4 ,rose's return4 ,dr4 ,mrugowsky will not be in ,berlin in ,june4 ,his deputy1 ,dr4 ,ding1 is informed4 #bj ,may #aidb40 ,this letter shows that ,dr4 ,mrugowsky once informed me that the ,reich ,physician ,,ss and ,police had consented to the testing of typhus vaccines4 ,he then asks me to send him these vaccines4 ,i cannot recall what vaccines he is speaking of4 ,then the question is discussed about lice being infected by typhus patients vaccinated for protection4 ,i admitted that a possibility exists1 and ,i said that this question was at one time discussed with me4 ,the final paragraph says that one of my assistants had been drafted into the ,waffen ,,ss and that ,i endeavored to have him used in the hygiene service4 ,q4 ,herr ,professor1 let's go to the footnote first4 ,what are the initials 8,b4 ,l40 at the end of that footnote for8 ,isn't that ,frau ,block8 ,a4 ,yes1 that would be ,frau ,block1 yes4 ,q4 ,and ,frau ,block has been in touch with ,dr4 ,mrugowsky4 ,she notes that ,dr4 ,ding1 who ,i suppose you will admit is ,dr4 ,ding1 has been informed4 ,in view of this note we can pretty well disregard the testimony of your witness ,frau ,block before this ,tribunal1 can't we8 ,she testified that you had not corresponded with ,mrugowsky1 didn't she8 ,a4 ,she said that she could not recollect any correspondence with ,mrugowsky1 but you will see from my documents which you have before you1 that this correspondence in effect was so small that it is quite understandable if she does not remember it in detail4 ,it is a result of my express order that you have these documents available4 ,i ordered that in my institute at ,pfaffenrode no documents should be destroyed under any circumstances4 ,there is a written document available to show that ,i gave such an order4 ,q4 ,herr ,professor1 this letter is in response to one which you wrote to ,mrugowsky1 isn't it8 ,a4 ,that's possible4 ,q4 ,and in the letter that you wrote to ,mrugowsky you asked him to have the ,bucharest vaccine tested in ,buchenwald1 didn't you8 ,a4 ,i told you before in great detail that ,i could not remember this matter about the ,bucharest vaccine4 ,if you have a letter before you about this matter1 it would1 of course1 give me a possibility to refresh my memory4 ,q4 ,i should think this letter would refresh your memory1 ,herr ,professor1 particularly in view of the ,ding diary1 which has an entry shortly following the date on this letter where ,ding carries out his experiments with the ,bucharest vaccine among others1 and says in the diary that the vaccine was obtained from you2 and ,mrugowsky in this letter asked you to send him the vaccines which you have mentioned in your previous letter4 ,there's really no doubt about it1 is there1 ,professor8 ,a4 ,this possibly becomes apparent4 ,q4 ,and was this person ,olzscha mentioned in the letter8 ,was he to assist in ,buchenwald8 ,a4 ,he was to be used in the hygiene service4 ,since he particularly dealt with entomological questions1 ,i asked that he should work on these questions there4 ,q4 ,you got a report from ,ding1 too1 on these experiments testing the ,bucharest vaccine1 didn't you1 ,professor8 ,a4 ,i cannot remember that1 and ,i already told you once that had ,i received any such report1 ,i would have drawn the conclusions from it2 and since ,i did not do that1 ,i think it is improbable that ,i received such a report4 ,q4 ,in view of this letter1 ,doctor1 do you want to go back and change your testimony about the ,copenhagen vaccine8 ,didn't you also suggest those experiments1 and didn't you also supply the ,copenhagen vaccine for the experiments in ,buchenwald8 ,a4 ,no4 ,i have no intention of doing that4 ,q4 ,well1 in that event ,i will ask that ,document ,,no-#aahf be passed up to you1 and this will be marked as ,prosecution ,exhibit #dib for identification4 ,will you read this letter aloud please8 ,a4 8,oberstarzt ,professor ,rose 8,o4 ,u41 #b ,december #aidc 8,to ,standartenfuehrer ,dr4 ,mrugowsky1 8,head of the ,hygiene ,institute of the ,waffen ,,ss 8,berlin-,zehlendorf #f 8,spanische ,allee #aj 8,dear ,herr ,mrugowsky3 8,at present ,i have at my disposal a number of samples of a new murine virus typhus vaccine which was prepared from mice livers and proved in animal experiments to be quantitatively a thousand times more effective than the vaccine prepared from mice lungs4 ,in order to decide whether this first-rate murine vaccine should be used for protective vaccination of human beings against lice typhus1 it would be desirable to know if this vaccine showed in yours and ,ding's experimental arrangement at ,buchenwald an effect similar to that of the classic virus vaccines4 ,would you be able to have such an experimental series carried out8 ,unfortunately1 ,i could not reach you over the phone4 ,considering the slowness of postal communications ,i would be grateful for an answer by telephone4 ,my numbers1 all of which go through the same switchboard1 are3 ,berlin #bghcac2 ,rapid ,exchange ,berlin #ij1 ,zossen #eei2 ,luftwaffe ,exchange #gb1 there you ask for ,,rlm1 ,l ,in #ad4 8,with best regards 8,heil ,hitler6 8,yours 8,rose0 ,the signature which you see on this photostatic copy is1 in effect1 my signature4 ,this letter shows that ,i also informed ,mrugowsky about the ,copenhagen vaccine1 which ,i did not remember up to this point4 ,q4 ,and you asked him to test the vaccine in ,buchenwald didn't you8 ,a4 ,the question of whether this vaccine can be tested in ,buchenwald is dealt with here4 ,q4 ,do you see the name 8,ding0 written at the bottom of the letter8 ,a4 ,yes1 it is at the bottom of the page4 ,q4 ,and it appears that the testimony of ,kogon was very precise1 wasn't it1 because ,ding got a copy of this letter1 didn't he8 ,a4 ,yes4 ,ding's utterances do not only refer to my memorandum but also to the correspondence between ,mrugowsky and myself4 ,apparently it was then transferred to the ,reichsarzt ,,ss4 ,q4 ,is the date on this letter #b ,december #aidc or #ab ,february #aidc--;and ,i direct your attention to the receipt stamp on the letter which is #ba ,february #aidd8 ,a4 ,the difference between the two dates can be explained by the fact that a considerable time had elapsed between the sending of my letter and when this letter finally reached ,ding4 ,during this time the competent agency dealt with the matter of the approval and execution of the experiments on human beings4 ,q4 ,so you maintain that #b ,december #aidc is the correct date on the letter8 ,a4 ,certainly4 ,that is certainly the correct date4 ,q4 ,on the basis of the two letters which ,i have exhibited to you1 you will concede that the ,ding diary was precisely accurate in what it said1 won't you8 ,a4 ,no1 one can't conclude that just like that4 ,the order to carry out experiments in ,buchenwald could not be issued by me in any way4 ,q4 ,that's very clear-- ,a4 ,that vaccines were requested from me seems to be evident from one letter4 ,i didn't remember it and ,i still don't remember it now1 but on the basis of this letter one has to consider that fact proved4 ,then it also becomes evident that in this case ,i drew the attention of ,herr ,mrugowsky to this vaccine1 and that ,i mentioned a discussion dealing with human experiments regarding these vaccines4 99 99 99 99 99 ,q4 ,professor1 #f persons died in this experiment with the ,copenhagen vaccine1 didn't they8 ,a4 ,yes4 ,these were #f persons who were furnished by the ,reich ,criminal ,police ,office through the regular channels after they were chosen by the competent agencies4 ,,extract ,,from ,,the ,,testimony ,,of ,,defendant ,,mrugowsky#fe ,,direct ,,examination 99 99 99 99 99 ,,dr4 ,,fleming3 ,will you please draw the necessary conclusions from what we have discovered about ,ding's diary8 ,,defendant ,,mrugowsky3 ,the various erroneous entries in this document and the facts which the handwriting experts have discovered prove that this document is not a diary in which entries were made from time to time4 ,rather there are long periods of time that are missing1 sometimes periods of more than one year before the entries were made4 ,pages #a to #c1 ,i believe1 were all written at the same time1 and also the subsequent pages4 ,the document has #bg pages1 which were written down on only a few occasions4 ,that is testified to by the handwriting expert4 ,this explains the various discrepancies between the entries and the actual facts2 for instance1 calling the ,robert ,koch ,institute a ,reich ,institute1 when it wasn't1 etc4 ,the testimony of a prosecution witness1 ,balachowsky1 corroborates this affidavit4 ,q4 ,this affidavit is ,document ,,no-#dhd1 ,prosecution ,exhibit #bia4 ,balachowsky said1 under number #bi3 8,the file notes which were copied into the diary shortly before the collapse1 give the precise number of the pages and the number of the experiments40 ,now please continue4 ,a4 ,in these words ,balachowsky corroborates the fact that this diary1 namely1 this diary of ,block #df1 was drawn up shortly before the collapse1 apparently on several days1 consequently the difference in the typewriters used4 ,now1 as to why he did this ,i can only conjecture--,i do not know4 ,that there was some reason for making the entries in this form would appear to be obvious4 ,q4 ,for the explanation of why ,ding wrote this diary on ,block #df let me remind you of ,kogon's testimony1 namely1 that after #aidc ,ding was sure that the war would be lost4 ,a4 ,yes4 ,that is true4 ,during his testimony ,kogon often stated that from the beginning of #aidc on1 ,ding made efforts to cover himself4 ,he also said that from that moment on1 the oral assignments that he received were not sufficient1 but that he must insist on receiving written orders4 ,all the more remarkable is it then that the so-called diary1 this ,,no-#bfe1 says only very infrequently who initiated the various lines of experimentation4 ,and1 if ,i recall correctly1 he does not once say who ordered them4 ,q4 ,then do the contents of this diary meet the normal requirements of a scientist's diary8 ,a4 ,the diary of a scientist has the purpose of setting down the precise course of the work undertaken4 ,consequently1 all efforts regarding the initiation and course of experiments should be set down4 ,that is a perfectly comprehensible custom in all institutes because subsequently the evaluation of the experiments is based on entries in the scientific institute's diary4 ,in this ,document ,,no-#bfe1 however1 which is allegedly such a diary of ,block #df1 there is not one entry regarding the actual course of the experiments2 not even the results of the experiments are set down there4 ,that is really the least that you could ask of such a diary4 ,dr4 ,kogon thought that the number of fatalities which are set down with clear precision were a result1 to be sure1 an unhappy result1 of these experiments4 ,that these events are found lamentable can hardly be disputed1 but it is a false point of view if one orients oneself on the basis of this result toward something1 the purpose of which was entirely different4 ,the real experimental result can be seen in the following3 as a consequence of the protective vaccination1 what happens during a subsequent case of infection is that firstly1 the period of incubation is prolonged1 namely1 that period of time which lapses between the actual infection and the first appearance of the disease4 ,secondly1 the period of fever is shortened1 whereas usually the period of fever in typhus is #ag days4 ,this protective vaccination reduces it to #ab1 #aj1 and even #f days1 depending on the strength of the protective vaccine4 ,at the same time1 the height of the temperature is reduced4 ,in other words1 the symptoms that are associated with fever1 which effect the blood circulation and the heart1 as well as those which effect the central nervous system1 are less pronounced or altogether absent after the protective vaccine4 ,there are various other small clinical indications which a doctor readily recognizes as a result of the protective vaccine1 and it must be said that as the result of less serious clinical manifestations1 the number of fatalities from typhus is smaller4 ,that is not a direct but an indirect consequence of vaccination4 ,therefore1 when ,ding asserts in this block diary of ,block #df that the most important result of the experiments was the number of fatalities1 then every doctor will recognize this as such an erroneous and distorted statement that even if it is made by a doctor so reliable as ,ding1 it is completely unworthy of credence4 ,q4 ,i now show you ,mrugowsky #i and ,i put it in as ,mrugowsky ,exhibit #bc4 ,it is a photostat of a paper by ,dr4 ,ding on the protective action of various vaccines on human beings and the course of typhus after immunization4 ,i do not wish to read the document but simply desire to bring it to the attention of the ,tribunal4 ,would you care to make any statement about the inadequate way in which this diary was worked on8 ,would you like to say that perhaps ,ding was not in a position to carry on such work8 ,a4 ,this paper is #ac pages long4 ,first1 there is the manner of the patient's tolerance for the vaccine1 then the individual points which ,i just mentioned as the consequences of the protective vaccination are gone into4 ,tables are presented which give statistics in these matters4 ,there are eight sketches giving graphs showing the results2 and at the very bottom on the next to the last page1 in the next to the last paragraph1 there are three lines which say that the fatalities in the cases of those vaccinated were fewer in number than among those not vaccinated4 ,that is all mentioned in the summary--there is a final summary4 ,this is also an indication that he was perfectly capable of carrying on scientific work4 ,i should like to point out that at the top of this paper it is mentioned that this work was done in my institute in ,berlin4 ,i say that as an indication that ,i laid no stress on keeping these matters secret in any way or that it was my point of view that these experimental results which had been achieved on the most expensive of all material1 namely1 human beings1 should be carried through to conclusion and that results should be made available to all who are interested4 ,q4 ,the prosecution also charges you with the fact that ,ding infected persons in ,buchenwald who had not previously received the protective vaccination4 ,would you like to make a statement on that subject8 ,a4 ,the following cases come into question here on the basis of ,ding's diary entries4 ,first of all1 there are the so-called 8preliminary experiments04 ,in ,document ,,no-#bfe1 four such preparatory experiments are mentioned on nonvaccinated persons4 ,these were done in order to ascertain what method was possible in order to artificially infect human beings with typhus4 ,i always found that the lay person who had never concerned himself with these matters assumes it to be a matter of course that it is always possible to infect a human being with a disease4 ,that1 however1 is by no means the case4 ,even in the case of such a toxic material as the typhus germ1 successful infection can only occur if it is not directed directly into the blood stream4 ,unless another way is chosen1 it is usually impossible to bring about infection with such a disease4 ,consequently1 when such experiments are to be carried out on human beings--and this is a point of view which ,i express without any reference to my own person--then such preliminary experiments cannot be dispensed with4 ,the second case is the so-called 8controlled cases04 ,q4 ,did you know anything of these preliminary experiments8 ,a4 ,no4 ,i found out about them only through the diary4 ,q4 ,ding says in his diary under the #bjth of ,february #aidb3 8,case histories and curves on the preliminary experiments were sent to ,berlin40 ,did you receive this report8 ,a4 ,no4 ,nor do ,i believe ,ding sent it to me1 because he was not subordinate to me in these experiments and it seems1 therefore1 more probable to me that he sent them to ,grawitz4 ,i1 at any rate1 did not see them4 ,q4 ,how can this be reconciled with your letter of #e ,may #aidb to ,conti and others which ,i put into evidence this morning as ,mrugowsky #aj1 ,mrugowsky ,exhibit #bj8 ,a4 ,this letter corroborates what ,i have just testified to1 because the report on this series of experiments was sent to ,grawitz1 and ,i received ,ding's report to ,grawitz from ,grawitz himself with the order to rewrite it in a suitable form1 since ,grawitz did not wish outside persons to be able to see1 without any further trouble to themselves1 that these were really experiments on human beings with artificial infection4 ,he knew that1 to some extent1 ,i could master the style which he used in his official communications1 whereas he did not know whether ,ding could or not4 ,consequently1 he commissioned me to take ,ding's original report and to cast it in a suitable form for the purpose of making communications to the manufacturing firm4 ,this ,i did1 and the result is this document dated #e ,may #aidb4 ,q4 ,your letterhead here is 8,reich ,physician ,,ss and ,police1 ,chief ,hygienist04 ,in other words1 this is one of the cases in which ,grawitz made use of you when you still belonged to the medical staff of the ,waffen ,,ss8 ,a4 ,yes4 ,q4 ,why didn't ,grawitz rephrase the letter himself8 ,a4 ,there may have been two reasons for that4 ,firstly1 ,grawitz was not a hygienist but an internist and since the letter was being sent to specialists1 namely1 to those people who manufactured the vaccines1 he wanted to be sure that the letter contained everything they needed to know and1 on the other hand1 no more than they needed to know2 secondly1 this is quite in line with his customary manner of working1 namely1 to let his collaborators write letters which dealt with their particular sphere of work1 and for this reason1 he commissioned me to indite this letter4 ,q4 ,on this occasion did you not once again express objections to ,grawitz regarding experiments on human beings8 ,a4 ,that ,i did not do because this series of experiments had been concluded and because ,i knew that they had been carried out on ,himmler's specific orders4 ,this was the first series of experiments which had ever been carried out and it was the reason for my very violent show-down with ,grawitz at that time4 ,i assumed that this job was now completed and ,i had no reason to raise further objections4 ,q4 ,were the vaccines of the ,behring ,works in an experimental stage when ,dr4 ,ding used them in his experiments8 ,a4 ,no2 these vaccines had already been tested in the plant as to a person's tolerance for them4 ,all such preparations of the ,behring ,works were worked on in their own laboratories before they were sent out into the world4 ,q4 ,i submit to the ,tribunal ,mrugowsky #dd1 and ,i put it in as ,mrugowsky ,exhibit #bd4 ,this is an affidavit by ,dr4 ,demnitz1 the manager of the ,behring ,works1 regarding the way in which the vaccines of the ,behring ,works were developed and how they were tested in the institute itself4 ,on the fourth page1 it reads3 8,naturally1 the ,behring ,works also carried out tests to establish whether the vaccines agreed with human beings for 7a7 it was necessary to vaccinate those people working in the typhus laboratories in order to protect them against typhus2 7b7 it was necessary to protect those people who attended the experimental animals2 and 7c7 the undersigned himself was vaccinated against typhus on several occasions with vaccines of the ,behring ,works4 ,these vaccinations had to be repeated from time to time4 ,this concerned both ,german and ,russian assistants4 ,about #bj to #be persons were employed in our typhus department40 ,and ,number #f3 8,the animal experiments according to ,otto proved3 7a7 the harmlessness and 7b7 the effectiveness or insufficient effectiveness40 ,it stated previously1 8the question of whether the animals showed a positive reaction is incomprehensible40 ,it stated also that animal experiments were carried out in the ,behring ,works4 ,i submit this document to prove these were not vaccines which had not been previously tested1 but were vaccines which had gone through the necessary preliminary and effective testing4 ,do you remember ,kogon's testimony that volunteers were used in the first two series of experiments8 ,this testimony is on page #a1afb of the ,english transcript and on page #a1aig of the ,german transcript4 ,if we base our assumptions on ,ding's diary1 what two series of experiments must these have been for which volunteers were used8 ,a4 ,if we base our statements on ,ding's diary we can only consider that these two series were1 first of all1 the preliminary series ,a which began on #e ,january1 and the first series of vaccine experiments with #ade persons regarding which the letter of #e ,may #aidb that was previously read concerns itself4 7,mrugowsky #aj1 ,mrugowsky ,ex4 #bj47 ,this series began on the next day1 namely1 on #f ,january #aidb4 ,any other experiments took place at a later date4 ,thus1 when ,kogon says that two series of experiments were carried out with volunteers1 it can only be these two series of experiments4 ,q4 ,the experiments with which the letter of #e ,may concerned itself were carried out on volunteers8 ,a4 ,apparently they were4 ,q4 ,can you remember the communication of #aa ,april #aidc to the effect that the ,mateska serum could no longer be used for experiments8 ,a4 ,no1 ,i don't remember that and ,i consider it out of the question that ,i ever received any such communication4 ,in all bacteriology1 particularly in virology1 there have been efforts for centuries to breed live germs which are no longer pathogenic 7which do not infect human beings71 in order to use these live germs for the manufacture of vaccine1 namely vaccines with live attenuated strains1 because these are a complete protection against the disease4 ,q4 ,in other words1 you want to say that if you had received this communication1 you would have seen to it that further experiments were carried out with this serum which was no longer so virulent8 ,a4 ,i should not like to put it quite that way1 but ,i should certainly have contacted the person whose institute had developed this strain1 that was the ,robert ,koch ,institute1 ,professor ,gildemeister4 ,however1 ,i never spoke to him about this matter1 and ,i should like to believe that he found nothing out about this matter because ,gildemeister was one of our best virus researchers and was very familiar with the value such a really unique occurrence would have had4 ,q4 ,did you see reports on the ,c and ,d series of experiments concerning the discovery of a safe method of infection1 which were said to have taken place on the #aath and #acth of ,april8 ,a4 ,no1 ,i only found out about them here while looking through this document and ,i also saw that ,ding does not assert that he sent a report on this to ,berlin4 ,q4 ,on what further typhus experiment series did you then see reports8 ,a4 ,in the diary of ,block #df1 ,document ,,no-#bfe1 ,ding says that only in the case of a few experimental series did he send reports to ,berlin1 namely the new experimental series1 series ,i1 ,,ii1 ,,vii1 and ,,viii4 ,i saw the report on series ,i1 having received it from ,grawitz1 and as ,i said before1 ,i rephrased it in another form1 and it constitutes the document here submitted4 ,series ,,ii was carried out with the vaccine of ,durand-,giroud of the ,parisian ,institute4 ,that was the vaccine we intended to produce in our own institute4 ,i really cannot recall ever having seen this report1 but it is possible that ,i was informed of it by ,grawitz1 because ,i remember that ,grawitz one day told me that he was convinced of the effectiveness of this vaccine and had no further objection to my suggestion that we manufacture the vaccine according to that process4 ,the immunization in the course of this series was carried on by ,ding between #ai ,august and #d ,september #aidb4 ,from #aj ,september to #i ,october he was in ,paris with ,professor ,giroud to learn his method1 and when he returned1 he infected persons and sent the charts to ,berlin on #bj ,november4 ,it was probably then1 toward the end of #aidb1 that ,grawitz spoke to me about this matter4 ,q4 ,ding was ordered to report to ,giroud in ,paris in the autumn of #aidb1 although1 as you have stated1 it was already decided at the end of #aida to manufacture your own vaccines according to ,giroud's process4 ,now how do you explain this delay8 ,a4 ,in the infections carried out in series ,i on #c ,march #aidb1 ,ding infected himself and fell seriously ill of typhus1 despite his protective vaccination4 ,subsequently1 he went on leave to recover1 and when his health was somewhat restored1 the business of going to ,paris was discussed1 which was only possible in the autumn4 ,q4 ,there were #d specific fatalities in the control cases4 ,now you say that ,grawitz probably discussed this matter with you4 ,did you do nothing about the fact that there had been fatalities8 ,a4 ,when ,grawitz spoke to me about this matter1 ,i could do nothing because the series of experiments had already been concluded4 ,but ,i do remember pretty clearly the situation in his office there4 ,i remember that ,i brought up the matter of these #d fatalities and told him that that would probably be the last series that he instigated4 ,he answered that ,himmler had ordered these experiments and that ,i had specifically objected to being included in the matter1 and consequently no longer had any right to interfere in his business4 ,q4 ,the report on the typhus experimental series ,,vii was concluded on #g ,september #aidc1 and when finished a report was sent to ,berlin on #i ,september1 according to ,ding's diary4 ,did you see this report8 ,a4 ,no4 ,q4 ,but according to ,ding's work report1 on the third of ,september1 at a time when this series was completed but the report not yet written1 you were in ,buchenwald1 according to this diary1 visiting ,ding4 ,did you talk about this matter then8 ,a4 ,this entry is apparently correct4 ,this was the period in which ,block #ej was being prepared for the production of the vaccines4 ,ding writes in one of his documents that on the #ajth of ,august this block was occupied and that work in producing the vaccine was begun4 ,kogon corroborated that in his testimony4 ,then #c weeks after the beginning of this work1 ,i went to ,buchenwald to look over the laboratory and to see how his work was getting along4 ,kogon also described at some length how ,i inspected the institute1 how ,i went into every room4 ,it was a rather extensive inspection4 ,i asked many questions1 had many conversations with the inmates there2 he further testified that ,i was with ,ding in his room for only a very brief period of time1 and that is also correct4 ,in other words1 at that time he did not submit any material to me4 ,q4 ,did you know anything else about this experimental series ,,vii8 ,a4 ,this series was carried out with a vaccine similar to the ,behring vaccine1 manufactured by a different firm4 ,i knew nothing of this experimental series4 ,q4 ,i submit to the ,tribunal as the next document1 ,mrugowsky #ab1 and ,i put it in evidence as ,mrugowsky ,exhibit #be4 ,this is an affidavit by ,dr4 ,karl ,ludwig ,wolters of ,hamburg1 from the ,asid ,works4 ,after the customary introduction the statement reads3 8,the above person requested the notary to draw up an affidavit and declared and deposed the following under oath and after having been duly informed of the meaning of an affidavit3 8#a4 ,the production of typhus vaccines based on the egg culture process began as early as #aida4 ,later on1 the prescribed process according to ,gildemeister and ,haagen was introduced4 8#b4 ,experiments on animals for the purpose of testing the manufactured vaccines were taken up simultaneously with the beginning of the production and were carried out continuously4 ,the results of the animal experiments were not always clear4 ,the vaccine tolerance was tested by protective vaccinations of employees2 all employees connected with the typhus department or who came in contact with employees working therein1 were vaccinated4 ,in addition1 all other employees had the privilege of receiving protective vaccination against typhus on demand and without charge4 ,in the course of time1 about one thousand employees were vaccinated against typhus40 ,to figures #c and #d ,i simply draw the attention of the ,tribunal4 ,figure #e reads3 8#e4 ,as far as ,i know1 there was no correspondence between the firm of ,asid1 ,serum ,institute ,g4m4b4,h41 ,dessau1 on the one hand1 and the former ,hygiene ,institute of the ,waffen ,,ss1 or the ,institute for ,typhus and ,virus ,research at ,buchenwald1 or its chief1 ,dr4 ,ding1 or the ,grawitz ,agency1 on the other hand4 8#f4 ,i made the acquaintance of ,dr4 ,ding during a trip from ,berlin to ,krakow4 8#g4 ,i could not say how the test of the typhus vaccines in question materialized4 ,in any case1 as far as ,i know1 ,i never discussed that question with ,professor ,mrugowsky1 nor did ,i forward the vaccines to him for testing4 ,it is quite possible that the vaccines reached ,dr4 ,ding through ,professor ,gildemeister of the ,robert ,koch ,institute in ,berlin1 who received them in his capacity as expert consultant of the ,ministry of the ,interior for the fight against epidemics4 8#h4 ,during a discussion with ,professor ,mrugowsky in the ,hygiene ,institute of the ,waffen ,,ss in ,berlin1 ,i only talked about general questions of hygiene concerning the occupied eastern territories1 and ,i asked for assistance in the work of developing the serum institute at ,kiev4 ,at the same time1 the organization of delousing by the ,asid ,serum ,institute ,koenigsberg was discussed4 ,there also may have been discussion of general questions in connection with active immunization1 especially against scarlet fever1 diphtheria1 and tetanus40 ,then there is the usual conclusion and signature4 ,it can be seen from this that the vaccines for this series did not go via you from ,ding2 is that true8 ,a4 ,yes4 ,q4 ,according to ,dr4 ,ding's work report1 which is ,document ,,no-#ega1 ,prosecution ,exhibit #bhe1 you were present with him on the #c;d of ,september in ,buchenwald4 ,did you visit ,block #df8 ,a4 ,yes4 ,ding invited me to take a look at ,block #df4 ,i went over there with him2 and ,i remember quite well that ,i was led to the lower floor of a stone building1 where there were a number of room-like partitions4 ,in the first room there were a few men playing cards2 ,ding told me that these were typhus convalescents who had survived typhus and who were to be released4 ,i talked to them and found that their state of health was good and that the usual after-effects of typhus were no longer in existence4 ,there were about five or six persons4 ,in the second room ,i saw about three patients lying in bed4 ,i examined them and spoke to them4 ,they had been transferred to ,buchenwald a short time before from other camps4 ,i think one of them was ill even when he arrived and the others had fallen ill shortly after their arrival in ,buchenwald1 and then were transferred to the typhus station4 ,we are here concerned with people who fell ill spontaneously4 ,according to ,ding's entry1 there was no series of experiments carried on at that time4 ,q4 ,when visiting ,buchenwald1 didn't you talk to ,dr4 ,ding about his various series of typhus experiments8 ,a4 ,no4 ,at that time he had concluded the experimental series number ,,vii with ,asid vaccines as ,i can see from this document4 ,this was a series which had a number of fatalities as its result4 ,it is in line with ,ding's character that he did not speak to me about such a series of experiments1 since he knew what my basic attitude towards this question was4 ,q4 ,didn't you discuss the typhus experiments with ,ding on the occasion of your visit8 ,a4 ,no4 ,we didn't discuss that matter4 ,our conversation merely dealt with the work carried on in ,block #ej for the production of vaccine1 which was really the purpose of my visit4 ,i think we discussed a number of other hygienic questions concerning the vicinity of ,buchenwald4 ,i knew that there was a lack of water there from my previous activity2 and ,i am sure that this was a subject which was discussed4 ,i spent the evening with ,ding in his flat where ,i met ,dr4 ,hoven1 the camp physician of ,buchenwald1 and his wife4 ,mrs4 ,ding was there1 too4 ,it is a matter of course that we didn't discuss any technical questions in that circle4 ,we certainly did not speak about any experiments on human beings4 ,in this connection ,i may perhaps say that this was the only time that ,i saw ,hoven1 who was allegedly ,ding's representative4 ,this was ten days before ,hoven had to end his activity as a camp physician in ,buchenwald4 ,q4 ,were you of the opinion that the typhus experimental series had been concluded8 ,a4 ,yes4 ,i held that opinion1 since it becomes evident from the documents here that the experimental series of that time had not led to any disease4 ,the reason was that the strain coming from the ,robert ,koch ,institute was not pathogenic4 ,ding did not say that he sent any reports to ,berlin about it2 and ,i1 therefore1 did not know anything about the way he worked in ,buchenwald as far as it did not concern ,block #ej4 ,i was of the opinion that after the second series of experiments1 which was concluded at the end of #aidb1 no further experiments were planned4 ,q4 ,well1 if you believed that the typhus experiments had been concluded1 the main activity of ,dr4 ,ding would also have had to come to a conclusion8 ,a4 ,no4 ,that is not the case4 ,seen from my point of view1 he was a bacteriologist2 and ,i was anxiously awaiting the end of this special mission by ,grawitz when ,ding would again be fully at my disposal4 ,at that time1 in #aidc1 he had to carry out the preparations for vaccine production at ,buchenwald4 ,therefore1 the building work had to be supervised4 ,block #ej was a bacteriological institute furnished in a very modern style with a number of special pieces of equipment4 ,animals had to be obtained and accommodation made ready for them4 ,there was not only one kind of animal but four different kinds4 ,it was necessary to obtain fodder for them4 ,then a number of other organizational activities were necessary1 which made ,ding's stay in ,buchenwald absolutely necessary4 ,q4 ,ding maintains that he sent a report about the series number ,,viii of the typhus experiments4 ,did you see that in ,berlin8 ,it was to have been sent on the #acth of ,june #aidd4 ,a4 ,well1 ,i heard about this series of experiments only by looking at the document here4 ,i hadn't seen or heard of it before4 ,q4 ,in the last entry of his diary1 ,ding says3 8,by order of the ,chief ,hygienist of the ,waffen ,,ss1 dated the #abth of ,august #aidd1 it was to be established whether the course of a typhus illness can be mitigated by a typhus vaccine through intravenous or intramuscular injections40 ,did you ever issue such an order8 ,a4 ,no4 ,i repeatedly pointed out that on the basis of the entire organizational set-up of the ,medical ,institute of the ,waffen ,,ss1 neither as the ,chief of the ,hygiene ,institute of the ,waffen ,,ss1 nor as the consulting hygienist of the ,reich ,physician ,,ss and ,police1 could ,i order any experiments to be carried out on inmates because ,i had just as little influence on the medical service of the concentration camp as any other member of the ,waffen ,,ss4 ,the matter with which we dealt was completely different4 ,in the ,crimea1 in one of the hospitals in the ,east1 ,i saw that the internist there was treating typhoid illnesses with injections of dead typhoid vaccines2 and this procedure resulted in fever in many of the cases4 ,at that time ,i remembered that literature dating back to the last ,world ,war1 when a number of papers were written on the very same subject1 showed that there were similar methods in the treatment of typhus and typhoid entailing the injection of vaccines4 ,during the course of these years when ,i had to deal closely with1 typhus1 ,i had developed a very definite opinion about the origin and development of typhus4 ,i was1 therefore1 of the opinion that in the case of this illness1 which clinically is very close to para-typhus1 it would be quite feasible to make an experiment with that kind of treatment4 ,the clinical symptoms of typhus and typhoid and stomach typhus are very similar4 ,if a cure can be achieved with one method1 it is to be assumed that all other types of illnesses of that nature could also be treated with success using that method4 ,after my return1 therefore1 ,i established contact with a number of internes belonging to the hospitals which ,i knew1 and wrote them that ,i had gathered1 like experiences4 ,i quoted passages from literature on that subject1 and ,i said that our new experiences were the same as our old4 ,i made the suggestion that the same method be used in the case of typhus by injecting with a protective typhus vaccine4 ,one might consider that at that time we had just as little means of combating the severe disease as we have today4 ,we1 therefore1 were medically justified in searching for new methods of treatment4 ,q4 ,were these to be a series of experiments in the sense in which ,ding carried them out8 ,a4 ,that is completely out of the question4 ,there was no reason to do that at all4 ,in order to perform such an experiment1 one could make tests on a typhus inflicted person using this method1 and the worst that could happen would be that it would not help2 but it certainly would not be necessary to make a certain series of experiments1 and ,i certainly never gave any such order4 ,q4 ,did you write to ,ding in that sense8 ,a4 ,at that time ,i informed my assistants about this therapy in the case of contagious diseases1 and ,i am sure that it was a matter of course that1 as epidemic specialists1 we had to be informed about such a possibility1 and in this manner we also received knowledge of it4 ,q4 ,you were saying that there would not have been justification for the experimental theory8 ,a4 ,no4 ,q4 ,well1 did you or did you not order such a series of experiments from ,dr4 ,ding8 ,a4 ,never1 at no time4 ,q4 ,are you of the opinion that ,ding started these experiments on his own initiative8 ,a4 ,that is possible4 ,at any rate he did not receive orders from me1 and ,i don't know where else he could have received an order4 99 99 99 99 99 ,,extracts ,,from ,,the ,,testimony ,,of ,,defense ,,witness ,,dr4 ,,eugen ,,haagen#ff ,,direct ,,examination 99 99 99 99 99 ,,dr4 ,,tipp3 ,now1 ,professor1 we are coming to the last and perhaps the most decisive count of the indictment--namely1 the typhus experiments1 as the prosecution calls them4 ,professor ,schroeder and ,professor ,becker-,freyseng are charged with responsibility for such typhus experiments4 ,there are two groups of them1 according to the prosecution4 ,on the one hand1 those performed in ,buchenwald concentration camp by ,dr4 ,ding-,schuler and to a lesser extent by the defendant ,dr4 ,hoven4 ,the second group is alleged typhus experiments that you carried out in the ,natzweiler concentration camp4 ,before we turn to the individual experiments1 ,professor1 please tell the ,tribunal what the hazards of typhus were during the war1 especially in the years #aidc1 #aidd1 and #aide when this problem became acute8 ,describe it only to the extent necessary in order to make your work understandable4 ,,witness ,,haagen3 ,i shall try to be brief1 but in order to understand this whole problem1 one must be given some general information4 ,typhus is a very serious infectious disease which1 in international medical circles1 is included among the diseases which are of general danger1 and it is consequently subject to international control4 ,in cases of such hazardous and dangerous diseases1 every state felt the moral obligation to do everything to prevent the outbreak of an epidemic because it is very difficult to combat and to eliminate the epidemic once it has broken out4 ,this point of view was embraced1 of course1 not only by the government officials1 but also by the responsible and interested scientists and physicians2 because we all1 of course1 knew how prodigious the danger of typhus is1 not only for the waging of the war but also for the civilian population of the entire world4 ,typhus is not only a war epidemic1 but it has taken root in the country4 ,it is also a peacetime epidemic which is enormously difficult to combat4 ,,presiding ,,judge ,,beals3 ,counsel1 the ,tribunal is quite aware that typhus is a very dangerous disease1 that it is a great menace to humans1 and that it was a menace to ,germany during the last war1 a great danger4 ,i don't think it is necessary to elaborate that again4 ,we have heard it from several witnesses4 ,it's not denied4 ,,dr4 ,,tipp3 ,witness1 you heard the ,tribunal's wish4 ,in the opinion of the ,tribunal1 the typhus danger for ,germany has already been sufficiently proved4 ,please go on to the subject itself now4 ,perhaps you could speak of the usual preventive measures which are used against typhus1 particularly vaccines4 ,,witness ,,haagen3 ,there are1 in general1 two procedures to prevent typhus4 ,one is what ,i might call the mechanical procedure1 and the other the biological procedure4 ,in the mechanical procedure we are concerned with combating the lice--,i shall not go into that--but in the biological procedure we are interested in a protective vaccine4 ,there are various vaccines available4 ,now1 to get down to the crux of the matter1 ,i must say that the typhus vaccines which are made from dead typhus virus do not provide absolute protection against the disease4 ,they may lead to a milder form of the disease1 but the infection itself is not prevented4 ,dead typhus vaccine1 in other words1 has no absolute anti-infectious effect1 which1 however1 is the main point of any vaccine4 ,we developed a live vaccine1 not on the basis of our own experiences and research1 but we made use of the experiences of others4 ,i should like to mention primarily the work of the ,french typhus research scientists1 ,blanc1 ,baltasar1 and assistants ,legrer and ,lecolle4 ,when vaccinating1 a vaccine must be used which gives anti-infectious protection1 and in general1 in the case of virus diseases1 successful vaccination is also achieved only with live virus4 ,let me mention the examples of smallpox1 influenza1 and yellow fever4 ,in all these cases the vaccines are made from a live virus1 but it is true that this virus is mutated1 that is1 it is no longer pathogenic to human beings4 ,its pathogenic characteristics have been suppressed and have disappeared1 but the virus retains its anti-infectious efficacy4 ,this change is accomplished in two ways1 either by passing the virus through an animal--this is frequently done--and sometimes effects mutation in the virus and sometimes weakens the virus4 ,i need not go into that2 it would take up too much time4 ,q4 ,if ,i understand you correctly1 ,witness1 your aim as a scientist was to develop a vaccine from live virus2 in other words from a nonpathogenic virus which could not cause the disease1 but which1 nevertheless1 had the antigenic effect1 namely the effect of protecting the vaccinated person against contracting the disease later by infection4 ,is that so8 ,a4 ,yes4 ,that is correct4 ,q4 ,now1 ,witness1 nobody is reproaching you for having produced vaccines1 but it is said that you tested the effectiveness of your vaccines in a concentration camp4 ,the prosecution called these virulent and you say they were nonpathogenic4 ,at any rate1 that is the way ,i understood the reproach of the prosecution2 but first before you go into this1 ,witness1 will you please tell the ,court how it happened that you came into contact with the concentration camp ,natzweiler in this matter8 ,a4 ,the development of typhus throughout the war was such that typhus no longer became purely a war epidemic1 but because of the many refugee camps1 ,,pw transports1 and military transports1 typhus was brought into ,germany itself4 ,in the overcrowded camps1 especially with lack of sanitary installations1 there was considerable danger from typhus1 particularly where people assembled who came from the ,east4 ,i have only to say that in the ,auschwitz camp1 for example 7but also in many other prisoner camps in the east71 there had already been extensive epidemics4 ,typhus pressed further and further into ,germany4 ,every closed community such as a camp is1 in itself1 a great source of danger of typhus1 not only the danger of an epidemic within the camp1 but also an epidemic that spreads to the surrounding civilian population4 ,most of the concentration camp inmates worked outside the camp in factories and they came into contact with the civilian population1 so you can easily see the danger of contagion4 ,now1 in brief1 the camp commandant and the camp doctor in the course of the spring of #aidc asked me whether they could have my assistance in combating this danger4 ,q4 ,witness1 a preparatory question first4 ,did you have any connection with the ,,ss1 with the concentration camp1 as such8 ,a4 ,i had no connection with the ,,ss or with the concentration camps1 or with any office in charge of them4 ,q4 ,why did the camp commandant and the camp physician of the ,natzweiler concentration camp turn specifically to you8 ,a4 ,as director of the ,hygiene ,institute ,i had a rather large sphere of activity in ,alsace1 and1 of course1 it was known in the concentration camps1 too1 that my offices were in ,strasbourg4 ,for this reason the camp turned to me for help in many matters1 including the obtaining of vaccines and help in the disinfection of the camp1 and so forth1 matters which perhaps we shall deal with later4 ,q4 ,you say then that the camp turned to you because you were the hygienist in the ,alsatian district around ,strasbourg8 ,a4 ,that is correct4 ,q4 ,you said also that the camp commandant or doctor asked for your assistance8 ,a4 ,yes1 that was an obvious thing for him to do1 because ,i was right there in ,strasbourg4 ,q4 ,you said further that it was roughly in the spring of #aidc that these requests for assistance were made to you2 was there an epidemic in the camp already at that time1 or why did they think they needed your help8 ,a4 ,at that time there was no epidemic in the camp1 but the general epidemiological situation was such that an outbreak of typhus was expected at any moment1 especially since transports were continually coming from the ,east4 ,these transports were infected with lice and contained people who were already infected with typhus1 and other camps in the neighborhood had already had their first cases of typhus4 ,q4 ,professor1 what means did you have available to help these camp physicians8 ,please limit yourself1 first of all your vaccines8 ,a4 ,i have already said that there are various vaccines available made from dead virus1 and also those made from live and attenuated virus4 ,it was very difficult to procure virus at that time4 ,the superior officers simply could not make the effective vaccines available1 and in order to carry out any plans1 all sorts of decrees and orders existed in ,germany for the planning of systematic vaccination should the danger of typhus arise4 ,q4 ,now1 ,witness1 you have described your work in the field of vaccine production1 namely1 that of producing a live pathogenic virus2 did you begin this developing and working on your own initiative1 or did some other agency refer the problem to you8 ,a4 ,live typhus virus was being manufactured in foreign countries at that time in great quantities1 particularly in ,france where they had had a great deal of experience with such live virus4 ,i have already mentioned ,blanc1 ,baltasar1 ,lecolle1 and ,legrer4 ,during the war1 protective vaccines were also made with such live virus in ,north ,africa4 ,there had already been millions of such vaccinations and1 of course1 this permitted experience to be gathered4 ,the fact is that the ,french1 who saw this great danger1 also saw the necessity of such large-scale vaccines1 and they had also had a few fatalities4 ,as ,i said1 we had to use a virus strain for these vaccinations which1 it is true1 was alive and still pathogenic to animals4 ,in other words1 a virulent virus1 the pathogenic effect of which on human beings was suppressed to a large extent2 and that is the essence of all live vaccine manufacture1 and it must occupy the central position in our considerations here4 ,you bring about such mutation only by passing the virus through animals4 ,every specialist knows that when the virus is passed through animals it is attenuated there more than by being cultured or bred1 for instance1 in chicken yolks or by being preserved in a vacuum1 or at very low temperatures and only somewhat attenuated in strain4 ,q4 ,witness1 you still haven't answered my question fully1 that is1 whether you carried out this work on your own initiative or on the basis of an order1 directive1 or assignment which came to you from elsewhere8 ,a4 ,in developing this live typhus vaccine-- ,,presiding ,,judge ,,beals3 ,witness1 you can answer that question in a very few words4 ,just answer the question propounded to you by your counsel4 ,a4 ,this was a research assignment1 as ,i just said1 there was no military or other directive4 ,,dr4 ,,tipp3 ,witness1 you have already described this morning how research assignments were distributed1 and you told us that1 in general1 the assignment was made on the application of a scientist for such an assignment2 now what was the case here1 did you work on this problem first and then receive an assignment or was there already an assignment in existence and did you then begin to work8 ,a4 ,all this work was done entirely on my own initiative4 ,i also saw to it that ,i got the necessary research assignment so that ,i could have the necessary funds for the work from the ,reich ,research ,council1 and then from the ,medical ,chief of the ,luftwaffe4 ,that is where ,i obtained my assignment4 ,,mr4 ,,hardy3 ,your ,honor1 before we adjourn may ,i inquire from counsel how long the examination will continue1 and how long other defense counsels will take in their examination of the witness ,haagen8 ,,dr4 ,,tipp3 ,i have already said ,i will need roughly a day and a half4 ,we have already eliminated some of the questions2 ,i don't know if ,i can finish this afternoon1 but ,i shall not need so much time tomorrow morning4 ,i cannot tell you how much time my other colleagues will need4 ,,mr4 ,,hardy3 ,do ,i understand ,dr4 ,tipp is going to take the rest of the day1 in spite of the fact that we sit until #e o'clock8 ,,dr4 ,,tipp3 ,i shall use all of today4 ,yes4 ,,presiding ,,judge ,,beals3 ,does any other defense counsel desire to examine this witness while he is on the stand8 ,,dr4 ,,tipp3 ,dr4 ,nelte just tells me that he will need a quarter of an hour1 and my colleague ,krauss for ,rostock1 fifteen minutes4 ,,dr4 ,,fritz3 ,mr4 ,president1 ,i cannot say definitely now how long ,i shall need because ,i do not know how many of the questions ,i intend to put to the witness will be made unnecessary by ,dr4 ,tipp's examination4 ,,presiding ,,judge ,,beals3 ,the ,tribunal is only asking for an estimate4 ,,dr4 ,,fritz3 ,one hour4 ,,presiding ,,judge ,,beals3 ,counsel1 during the noon recess will you instruct your witness to answer your questions directly and simply without expostulating on matters about which1 while scientific and important1 the ,tribunal has already been advised4 ,kindly instruct him and explain to him how to answer these questions4 99 99 99 99 99 ,,dr4 ,,tipp3 ,professor1 before the recess you said that you began your work in the field of typhus on your own initiative1 and that in the course of this work you obtained research assignments from the ,medical ,inspector of the ,luftwaffe as well as the ,reich ,research ,counsel2 now ,i ask you1 in your applications made before the various assignments were issued1 were any details given about the work which you planned to carry out or the work which you had already carried out8 ,,witness ,,haagen3 ,no details were given1 of course1 merely the problem as such was dealt with4 ,q4 ,you have already described to the ,tribunal your work on this problem2 it was to find a vaccine produced from live virus1 a virus no longer pathogenic to human beings which1 however1 contained the qualities of the virus4 ,a4 ,yes4 ,that is true4 ,our work was limited to the development of a live vaccine1 and this work was based on the great experiences of foreign scientists1 especially the ,french scientist ,blanc2 the technical side was always carried out in animal experiments4 ,q4 ,now1 ,witness1 did you succeed in finding a vaccine of the type described8 ,a4 ,yes4 ,we did succeed in developing such a vaccine from a so-called murine typhus virus strain1 that is1 from rat typhus4 ,the weakening was brought about through animal experiments1 through cultivation in chicken eggs1 and thirdly through a conservation process4 ,q4 ,was this vaccine then tested for its effectiveness and if so1 how8 ,a4 ,yes4 ,the vaccine was tested for its effectiveness4 ,first1 of course1 by animal experiments for its immunizing qualities4 ,after this quality had been proved1 the first vaccinations were undertaken in order to test the effectiveness and the tolerance on human beings4 ,this was done on volunteers4 ,q4 ,where did you get these volunteers1 ,professor8 ,a4 ,first of all ,i served myself1 then the members of my institute and a number of students from the university4 ,q4 ,now1 will you please tell us the purpose of these experiments8 ,a4 ,when one has produced a new vaccine one must test not only its effectiveness1 but also its tolerability4 ,this can only be done on human beings2 animal experiments are not sufficient4 ,at a certain stage it always becomes necessary to test it on human beings4 ,q4 ,in these vaccinations on members of the institute and students1 you tested the tolerability of the vaccine2 the immunizing effect of the vaccine1 if ,i understood you correctly1 could not be proved by these experiments8 ,a4 ,yes4 ,the immunizing effect can also be determined4 ,one merely needs to make the ,weil-,felix reaction1 which has been mentioned in this trial4 ,that is1 to ascertain whether the blood serum already contains protective bodies against the typhus germ4 ,this test 7,i mention this because mistakes have been made here7 is used not only to diagnose the disease1 but also1 since it is a definite immunity reaction1 to find the protective bodies after vaccination4 ,q4 ,we will come back to that later1 ,witness4 ,now when did you achieve your aim1 when did you have a vaccine of the type described1 and when did you develop it far enough to be used8 ,a4 ,in the spring of #aidc4 ,q4 ,and when was this vaccine first actually used on a large scale1 or when was it first used at all8 ,a4 ,the first vaccinations were carried out in ,may #aidc in the ,schirmeck internment camp1 which belonged to the ,natzweiler concentration camp4 ,the vaccinations were performed on persons in special danger4 ,q4 ,this morning1 ,witness1 you mentioned the request of a camp doctor of the ,natzweiler concentration camp1 and ,schirmeck was no doubt under him2 may ,i ask whether these ,schirmeck vaccinations go back to the request of the camp physician8 ,a4 ,i do not quite understand your question4 ,q4 ,please tell me whether the vaccinations performed in ,schirmeck originated with the request of the camp physician8 ,a4 ,yes4 ,schirmeck and ,natzweiler belong together4 ,my vaccinations there were in connection with all the work of the camp4 ,q4 ,then you used this vaccine for the first time in ,may #aidc in ,schirmeck4 ,how many persons did you vaccinate8 ,a4 ,twenty-eight persons were vaccinated altogether4 ,q4 ,did you have any influence on the selection of these persons2 that is1 did you select these persons1 or who selected them8 ,a4 ,i did not have any direct influence on the selection of these persons1 only to the extent that ,i told the camp administrator and the camp doctor that we could only vaccinate people who were in a more or less good state of health1 since if this were not the case it would not correspond to our ,german vaccination laws4 ,to that extent ,i did have some influence4 ,the selection was made according to the point of view that persons were selected who were in special danger of typhus1 persons who were in the so-called 8east block0 of the camp4 ,new transports were always coming from the ,east1 lice infected1 for the most part1 so that one could count on a considerable typhus danger4 ,in this part of the camp the danger was greater than in those parts of the camp1 housing ,germans and ,alsatians who did not come from the ,east4 ,q4 ,you said1 ,witness1 the persons were selected from the group of prisoners in special danger of contracting typhus4 ,you just mentioned the east block4 ,can you tell us what nationality these persons were8 ,a4 ,as far as ,i can remember they were of various nationalities4 ,there were quite a number of them who spoke ,german and one could converse with them easily4 ,q4 ,now1 ,witness1 ,i should like to ask you to describe how these vaccinations were carried out4 ,perhaps a preliminary question first4 ,why did you vaccinate only #bh persons8 ,why did you not vaccinate all the inmates of the camp there8 ,a4 ,at first ,i could only produce the vaccine in very small quantities4 ,my laboratory facilities were very limited4 ,if ,i had wanted to vaccinate a whole camp ,i would have had to have a production workshop4 ,that is why we only vaccinated a small number of people4 ,q4 ,now1 ,professor1 please describe how the vaccinations were performed4 ,a4 ,vaccinations were performed on #bh persons altogether1 in several groups4 ,the first vaccination was of eight persons4 ,they were given one injection of #j4e cc4 of the vaccine into the breast muscle in the customary manner4 ,the second group consisted of #bj persons1 divided into two subgroups of ten each4 ,the first group--let's call this group ,a--was also given #j4e cc4 of the vaccine intramuscularly4 ,subgroup ,b1 the last ten persons1 were first given a vaccination of #j4e cc4 of a dead typhus vaccine produced in the ,robert ,koch ,institute4 ,then1 eight days later1 there was a second vaccination with a live vaccine1 again #j4e cc4 intramuscularly4 ,i should like to say that the first vaccination with the dead vaccine1 which ,i have just mentioned1 was performed for two reasons3 ,first of all1 in order to be able to see whether this preliminary examination produced more protective bodies2 and1 in the second place1 to see whether this preliminary examination with dead vaccine might reduce the reactions of the living vaccine4 ,at the same time1 ,i carried out protective vaccinations on persons outside the camp1 on volunteers4 ,they were again performed in such a way that there were three injections this time3 the first1 #j4be cc41 the second1 #j4be cc41 and the third injection #j4e cc4 of the live vaccine4 ,q4 ,the ,court will be especially interested1 ,witness1 in the reactions of the persons after this vaccination4 ,can you tell us that8 ,a4 ,in the first group of eight persons who were given #j4e cc4 of the living vaccine only once1 three had a reaction consisting of a short fever of over #ci degrees4 ,the rest of the persons1 however1 had no reaction4 ,in the second group1 among the ten persons in group ,a1 there were no noticeable reactions4 ,in the other group there were very negligible symptoms1 in some cases only a headache and depression4 ,typical symptoms of typhus1 brain symptoms or vessel symptoms1 and other symptoms1 did not appear in any case4 ,the same was true of the third group4 ,here again there was no reaction4 ,i must say in this connection that ,i used a vaccine produced from dead typhus virus4 ,i must point that out because later1 in ,natzweiler1 ,i used the classic epidemic or louse typhus virus vaccine4 ,q4 ,professor1 after the vaccination did you watch the well-being of the persons vaccinated8 ,a4 ,yes1 of course4 ,after the vaccination ,i was frequently in the camp4 ,i looked at the persons who had been vaccinated and was shown their temperature charts4 ,after four weeks a final blood sample was taken to perform the ,weil-,felix reaction in order to see what degree of immunity they had developed4 99 99 99 99 99 ,q4 99 99 99 ,were there any deaths in the course of these vaccinations at ,schirmeck8 ,a4 ,no4 ,there were no deaths from the vaccinations at ,schirmeck4 ,q4 ,witness1 your testimony is in contradiction to the testimony of a prosecution witness whom we heard here4 ,this was ,george ,hirtz1 who testified here on the #hth of ,january4 ,his testimony is on page #acaj of the ,german and page #abic of the ,english record4 ,hirtz said that at ,schirmeck you injected #bj to #be persons and during the following days these people developed a high temperature4 ,the temperature is said to have started after #cf to #dh hours1 and two of these people died4 ,the witness also said you had vaccinated him1 the head of the camp1 and the ,kapo in the sick bay4 ,will you explain the differences between your testimony and the testimony of ,hirtz8 ,a4 ,it is true that these three people1 the camp head1 the ,kapo inmate trusty1 and the nurse1 that was ,hirtz1 were vaccinated with the customary vaccine on the basis of an order to the effect that if there was any danger of typhus1 the camp personnel had to be vaccinated regularly against this disease4 ,now1 the personnel was in much less danger than the inmates themselves2 so in order to help the camp doctor1 ,i supplied the vaccine and vaccinated these three persons1 but ,i reserved the live vaccine for the persons who were in real danger4 ,those were the reasons why these seeming distinctions were made4 ,q4 ,the witness ,hirtz also testified that he did not medically examine these #bj people before they were vaccinated4 ,is that correct8 ,a4 ,when the prisoners came to the camp they were carefully examined by the camp doctor4 ,this was necessary in the interest of preventing disease in the camp4 ,therefore1 here ,i merely had to observe whether they were free from external symptoms of disease and to determine how strong they were4 ,q4 ,then if ,i understand you correctly1 you say that the medical examination was performed by the camp doctor1 who made them available to you for vaccination8 ,a4 ,yes1 the camp doctor and the head of the camp1 together4 ,q4 ,now1 ,professor1 is the statement of the witness ,hirtz correct to the effect that after #cf to #dh hours these persons had a temperature of up to #dj ,centigrade1 #ajd ,fahrenheit8 ,a4 ,i have already said that aside from the first group there was no special reaction4 ,hirtz himself did not know the first group1 he says so himself4 ,in the second group1 ,i have just testified that there were no temperature reactions or any other reaction4 ,q4 ,but you said1 ,witness--oh1 that was the first group4 ,a4 ,yes4 ,and even here the reactions were quite the usual ones which occur in other vaccinations1 too4 ,q4 ,but ,hirtz also says that after the temperature--seven to eight days1 the persons developed some kind of disturbance and they had some impediment in their speech and in three or four cases they stuttered4 ,do you know anything about that8 ,a4 ,when ,i visited these persons ,i did not observe any such symptoms4 ,none of them complained1 and ,i am sure that if any one found that he had developed such symptoms he would immediately have gone to the doctor4 ,everyone was interested in getting rid of these symptoms4 ,i did not observe any disturbances or stuttering4 ,if ,hirtz had seen them at the time1 ,i am convinced he would have reported them to me4 ,he was the nurse for these persons and was responsible for them2 ,i cannot imagine that he would have served the interests of these prisoners by keeping these things secret4 ,q4 ,you say that you did not observe such symptoms nor did ,hirtz report them to you4 ,now1 ,witness1 ,hirtz also said that after two days two of these experimental subjects1 as he calls them1 or vaccinated persons1 as you call them1 died4 ,did you observe this1 ,witness8 ,a4 ,i have already said that in the smaller experimental group no one died1 because ,i am sure ,i would have noticed it when ,i visited these persons who had been vaccinated4 ,i would certainly have ordered an autopsy in the case of such deaths to determine when the person died4 ,not only would ,i have ordered or carried out this autopsy1 but the camp administration would have ordered it4 ,people might think that these persons perhaps died of typhus4 ,i must say that after a two-day incubation period--that was the period between inoculation and death--no one ever died of typhus4 ,the shortest time for typhus deaths1 that is the incubation period plus length of disease1 is ten days to fourteen days4 ,and these early deaths are supposed to be cases with a high pathogenic virus originating directly from human beings4 ,for this reason alone it is quite impossible4 ,q4 ,witness1 you said that in such cases you would doubtless have had an autopsy performed4 ,you said you heard nothing about the deaths1 and that1 therefore1 there was no autopsy2 is that right8 ,a4 ,yes4 ,that is correct4 ,q4 ,i should like to remind the ,tribunal of the testimony of ,hirtz4 7,tr4 p4 #abih47 ,he said that he immediately wrapped the bodies in paper and had them burned in the crematorium at ,natzweiler4 ,not even the prosecution witness was able to say1 or perhaps did not want to say1 how ,professor ,haagen reacted to these deaths4 ,now one more question about this witness ,hirtz4 ,here on the witness stand ,hirtz was asked1 8,now ,witness1 you realized that these experiments performed on the #bj to #be persons were experiments for the determination of typhus in connection with typhus disease80 ,a4 8,yes1 ,i had not the slightest doubt about it4 ,i have fifteen years of practice behind me40 ,i do not know1 ,witness1 what this testimony means4 ,perhaps ,i am not enough of a specialist to judge1 but ,i may assume that you can explain what the content of these statements is4 ,a4 ,i can only say that ,i cannot understand ,mr4 ,hirtz' statement at all4 ,i have no idea what experiments to determine typhus in connection with this disease are supposed to be4 ,first of all1 there were no experiments to determine typhus since there was no typhus4 ,and ,i don't know any method for performing experiments on human beings to determine typhus4 ,if by experiments1 one means the removal of blood in the ,weil-,felix reaction1 that is something else1 but that is not what he is talking about here4 ,as reason for his expert knowledge the witness states that he has been a pharmacist for #ae years4 ,that he has such a long practice behind him and so considers himself an expert in the field of contagious diseases4 ,i can't quite understand that either4 ,but ,i think one can expect that from a pharmacist--after all1 pharmacists do sell vaccines for public diseases in pharmacies--one would really expect him to know what vaccine reactions are and what a real disease is4 ,and then in the first group where a reaction did appear1 he didn't know that group at all4 ,q4 ,you have already said1 ,witness1 something about ,mr4 ,hirtz' testimony that the prisoner ,atloff told him about what ,mr4 ,hirtz described was the second experiment4 ,it seems to me that supports your statement that ,mr4 ,hirtz knew nothing about the first group1 that is the eight persons4 ,can you tell us anything else1 ,professor1 to explain the contradiction between your testimony and that of ,mr4 ,hirtz8 ,a4 ,hirtz speaks only of one injection1 not of two4 ,the vaccinated persons whom he took care of all had two injections at intervals of several days4 ,if he had really been interested in the vaccination1 he must have known that two injections were performed4 ,that is one point4 ,then he says that the needles were not changed4 ,he seems to have overlooked something there again2 that for every injection a new injection needle was used which was brought from ,strasbourg already sterilized1 and that the technical assistant changed them4 ,anybody who knows anything about scientific work knows that in such important work1 one does not use the same needle for several persons1 quite aside from the fact that this would not be in accordance with one of the most elementary demands of asepsis4 ,here again he probably didn't observe very carefully4 ,q4 ,now1 ,professor1 we are interested in the question of whether in the camp of ,schirmeck1 you wanted to produce typhus through artificial injection of pathogenic virus4 ,did you perform such experiments at ,schirmeck8 ,a4 ,no4 ,no such experiments were performed4 ,i don't know what the purpose would have been4 ,q4 ,then if ,i may sum up1 ,professor1 you were introducing a vaccine into practice after it had already been tested in animal experiments1 in self-experiments1 and in experiments on volunteers4 ,but experiments such as ,i have just described were not performed at ,schirmeck1 is that correct8 ,a4 ,yes4 ,that is correct4 ,we were merely introducing a vaccine which was already being used on a large scale in other countries4 ,perhaps ,i may add that at first ,i intended to perform further vaccinations in the ,schirmeck camp in order to protect this camp as far as possible1 but that in the course of the next month1 ,i realized that the ,natzweiler camp was entirely different in its whole structure and that there was much greater danger of typhus in this camp4 ,therefore1 ,i shifted my interest from ,schirmeck to ,natzweiler4 ,q4 ,now before we go on to the work at ,natzweiler1 ,witness1 ,i should like to clarify the following point with you4 ,mr4 ,hirtz testified here that the prisoners used for vaccination were not volunteers2 but you say1 ,professor1 that your point of view is that experimental subjects should be volunteers4 ,can you please clearly answer this question and explain the points of view which are important in your opinion in vaccinations particularly8 ,a4 ,the prisoners whom we vaccinated were not volunteers4 ,i would like to say the following on that point3 ,as ,i have already said1 ,i share with most scientists the point of view that the prerequisite for any experiment is the self-experiment4 ,this was not merely a theory in my case4 ,everyone who knows my work or saw my work knows that ,i performed a number of self-experiments and contracted a number of infections4 ,i need not go into that now1 but of course ,i tested all vaccines on myself4 ,if we dispensed with the element of voluntariness in this present case1 ,i must state that according to our rules and laws in ,germany1 vaccinations are ordered wherever there is danger of an epidemic4 ,this situation existed in ,schirmeck and ,natzweiler4 ,there was a decree for this camp from the ,,ss-,,wvha1 and decrees were sent out by the chief doctor of concentration camps4 ,our vaccinations were performed within these legal regulations4 ,in the records of trial1 ,i find again and again the point of view that ,i had taken poor1 helpless prisoners and treated them with murderous germs4 ,but if one knows my work well1 one can see that1 on the contrary1 ,i was combating these diseases4 ,there can be no question of any criminal experiments here4 ,i want to object very definitely to being called a criminal when ,i was merely fighting diseases4 ,q4 ,well1 ,professor1 you say that in this case you dispensed with volunteers because it was not an experiment1 but rather a vaccination1 and because it is your point of view that for vaccinations it is legally permissible to make them compulsory--that you were merely carrying out a legal measure under international law8 ,a4 ,yes4 ,this was a vaccination with a vaccine which was already being used elsewhere in the world within the framework of general vaccinations carried out on the basis of the existing regulations4 99 99 99 99 99 ,q4 ,when did you begin your work in ,natzweiler proper8 ,a4 ,it was my intention to begin vaccination in the ,natzweiler camp in the summer of #aidc1 but then unexpected difficulties arose which ,i must go into--,i think they are of significance for this trial4 ,professor ,hirt1 whose name ,i believe has been mentioned here repeatedly1 the director of the ,anatomical ,institute in ,strasbourg1 was a member of the ,,ss and a research worker of the ,ahnenerbe4 ,as an ,,ss officer he had discovered through the camp that ,i wanted to perform vaccinations there4 ,he then intervened because he thought that if persons outside the ,,ss or the ,,wvha wanted to work in the camp in some form or other we had to have approval for this1 quite aside from the fact that ,i had been asked to perform these vaccinations1 etc4 ,professor ,hirt told the camp doctor and myself that he was ready to get this approval and asked me to make a request to this effect to the ,institute for ,military ,scientific ,research4 ,i had no connection with the ,,ss or any suborganization of the ,,ss1 nor did ,i know the inner organization of the ,,ss4 ,the application was made in the summer of #aidc4 ,i cannot remember the wording of the application exactly1 but ,hirt sent it on to the agency in question4 ,i only know that the application said that ,i had asked for permission to vaccinate a certain number of camp inmates4 ,one had to make a limitation because ,i could only produce the vaccine in small quantities since the technical conditions did not yet exist at the institute for large-scale production4 ,in this letter to ,hirt1 ,i pointed out that there was no danger in vaccination with the new vaccine1 but that we had to expect a more or less strong reaction1 especially a temperature reaction in accordance with the variances in the individuals4 ,i also pointed out that the people to be vaccinated had to be in good physical condition1 so that they should be in more or less the same physical condition as our soldiers4 ,i said this in order to conform with the general vaccination regulations4 ,after some time ,i received an announcement from the ,institute for ,military ,scientific ,research to the effect that my request would be granted4 ,q4 ,professor1 will you please look at ,document ,,no-#abj1 which is ,prosecution ,exhibit #big4 ,it is a letter from the ,reich ,leader ,,ss1 ,personal ,staff1 ,institute for ,military ,scientific ,research1 dated #cj ,september #aidc4 ,it is signed by ,sievers1 and it is addressed to the ,director of the ,institute for ,hygiene of the ,reich ,university1 ,strasbourg4 ,herr ,sievers writes3 8,i confirm receipt of your request of #af ,august #aidc4 ,i shall be glad to help you and have accordingly contacted the proper source to have the desired personnel placed at your disposal40 ,is this the letter you meant1 ,witness1 when you said that you were given approval in principle to carry out these vaccinations8 ,a4 ,yes1 this letter created the basic prerequisities for performing the vaccinations4 ,if we disregard the fact that for epidemiological reasons the vaccinations were justified and even necessary1 this letter1 ,i believe1 gives us a justification to perform them4 ,q4 ,now1 were you able to carry out the vaccinations8 ,a4 ,no4 ,it wasn't as simple as that unfortunately--,i say 8unfortunately0 because precious time was lost and ,i was interested in protecting the camp as soon as possible1 at least insofar as there was no longer any danger of typhus4 ,i informed the camp doctor of the contents of this letter and asked to be allowed to commence the vaccinations4 ,a considerable time passed1 however1 and not until ,november did ,i receive notice that we could begin with the vaccinations4 ,the whole affair had not been helped by ,hirt's intervention1 therefore1 but had even been delayed4 ,then when ,i received the first hundred prisoners1 ,i looked at them and found that they were in no condition at all to be vaccinated4 ,they were in very poor shape4 ,i must say that they were prisoners who came from ,auschwitz on the transport2 ,i think eighteen of the people had already died4 ,one really had no right to perform a vaccination on such a group4 ,i did not do so and refused for medical reasons4 ,q4 ,and what did you do then1 ,witness8 ,a4 ,i informed ,hirt of this4 ,i wrote to him frankly that these people were out of the question for vaccination and ,i asked for men in good physical condition4 ,q4 ,professor1 will you please look at ,document ,,no-#aba1 ,prosecution ,exhibit #bic8 ,it is a letter from you to ,professor ,hirt1 dated #ae #ac ,november #aidc4 ,did you mean this letter when you say that you wrote to ,hirt8 ,i shall read briefly3 8,on the #acth of ,november #aidc1 an inspection was made of the prisoners who were furnished to me by the ,,ss-,,wvha1 in order to determine their suitability for the tests which have been planned for typhus vaccines40 ,is this the letter8 ,a4 ,yes4 ,this is the letter of #ac ,november #aidc4 ,i may point out in this letter that ,i asked for a hundred prisoners in good physical condition4 ,only in this way could ,i expect results which could be used for purposes of comparison4 ,q4 ,professor1 ,i have something to put to you from this document which is perhaps a contradiction--or which may be interpreted as a contradiction--of your testimony4 ,you say that you wanted to vaccinate these people and the first sentence of the document seems to indicate that4 ,you write1 8their suitability for the typhus vaccinations40 ,further down1 however1 in the document you speak of testing a new vaccine4 ,again1 further down1 8material which can be compared40 ,one might conclude that these are not vaccinations but experiments4 ,is this not in contradiction of your testimony8 ,a4 ,no4 ,that is not in contradiction of my statements4 ,it is apparently necessary for me to supplement my statements by saying the following3 as ,i said1 in the ,natzweiler camp ,i wanted to vaccinate a fairly large number of prisoners4 ,the vaccine was ready as far as the laboratory was concerned2 it had been tested in animal experiments2 it had been tested in self-experiments1 and on a small group of volunteers4 ,i1 therefore1 knew that it no longer involved any danger for the persons vaccinated and that the use of this living vaccine did not bring about any manifest disease4 ,but when a new vaccine is used for the first time in practice it is to a certain degree an experiment1 since the tolerance still has to be determined and that can only be determined on a large number of people4 ,the dose still has to be determined and the result of the vaccination still has to be checked on a large number of people4 ,so ,i admit it is no doubt true that the use of a new vaccine for the first time in practice on a large number of people could still be considered an experiment4 ,i should like to add that in the first large-scale application the titer values and blood were examined4 ,of course1 temperature was taken and all other observations were carefully made in order to get a definite final impression of the effectiveness and tolerance of the vaccine4 ,we had to do this2 it was our duty4 ,it was a big responsibility to introduce a new vaccine like this1 even if one had already gained experience in a small experiment on oneself and volunteers4 ,but in this trial the word1 8experiment10 has been grossly misused4 ,in this sense our vaccinations were not 8experiments01 they were tests and not experiments with any uncertain goal or purpose4 ,one can hardly speak of criminal experiments here4 ,and in every medical journal in the world1 on almost every page1 we find experiments at the sick bed1 and ,i don't think anyone has any objection to this word4 ,and as far as human experiments are concerned1 ,i should like to refer to advertisements which show the public attitude of an ,american firm--in picture magazines which ,i have seen myself4 ,antiseptics such as ,listerine1 where they speak of human beings on whom tests have been made1 who were used as guinea pigs4 ,for this reason alone ,i think the word2 8experiment01 is used in different senses4 ,q4 ,one term has not yet been cleared in this document1 the last words1 8comparable material40 ,can you please explain what that means8 ,what did you mean by 8comparable material08 ,a4 ,that means that the investigations indicated had already been made and that the results were to be compared with one another1 so that one could have really useful results4 ,the individual values of every immunologist vary considerably according to the constitution and general physical condition4 ,that was one of the reasons why ,i was very careful to obtain only those persons in good physical condition for vaccination1 since persons in a poor condition react quite differently4 ,besides1 ,i must point out that according to the general vaccination regulations1 vaccinations of any type can only be performed on healthy people1 and ,i wanted to observe this rule strictly4 99 99 99 99 99 ,,dr4 ,,tipp3 ,now1 ,witness1 ,i turn to the next document1 ,,no-#abb1 ,prosecution ,exhibit #bih4 ,it is a letter from ,rose to you dated #ac ,december #aidc4 ,in this letter the frequently mentioned ,copenhagen vaccine is again mentioned4 ,herr ,rose writes here that the testing of many vaccines simultaneously gives a clearer picture of better or worse results of a method than the testing of one vaccine alone4 ,furthermore1 there is mention of the experiments in ,buchenwald4 ,let me ask you first of all1 ,professor1 when you received this letter in ,december #aidc1 what did you know about these ,buchenwald experiments8 ,,witness ,,haagen3 ,i only heard the details about these ,buchenwald experiments from the documents in this trial4 ,moreover1 ,dr4 ,ding's report at the consulting conference in #aidc must be mentioned4 ,i heard of ,professor ,rose's protest against these human experiments at that time4 ,q4 ,you had no connection then with these ,ding experiments8 ,a4 ,i never worked with ,ding and knew of his work only from the report at this consulting conference4 ,q4 ,the prosecution has deduced regarding these ,buchenwald experiments that the efficacy of the vaccine was tested by subsequent infection with pathogenic virus4 ,will you please say what you have to about that8 ,a4 ,this attitude on the part of the prosecution ignores the fact1 as ,i said several times1 that ,i never had a strain of virus which is pathogenic to human beings1 consequently1 ,i could not carry out an infection such as the prosecution seems to assume4 ,i never thought of carrying out such subsequent infection with a virus pathogenic to human beings1 because ,i was working as a scientist with my own material1 and wasn't testing mixture for other vaccines at all4 ,as ,i have already said1 on the occasion of ,aherinesliev1 ,i vaccinated some of the inmates there1 with an attenuated virus in order to minimize the reactions to the vaccine4 ,i thought that in the next vaccination ,i would carry out these primary vaccinations with dead vaccine and ,i wanted to use such a vaccine that used a dead virus4 ,in the meantime1 between ,schirmeck vaccines and the new vaccinations in ,natzweiler1 ,i had carried my work to the point where ,i no longer needed a dead vaccine4 ,but the previous history was this3 ,professor ,rose1 by sending me this ,copenhagen vaccine1 thought he was supporting and helping me4 ,and he suggested that ,i include this dead vaccine in my series of vaccines4 ,let me say regarding this ,copenhagen vaccine that it was a liver vaccine which is said to be much more effective than the other dead vaccines1 particularly more so than the lung vaccine2 and from it1 in dead form1 a better protection could be expected4 ,now1 it was my point of view that if we distributed it over #ajj persons again and did not get other persons1 there would not be enough vaccinations to be of value for comparisons4 ,so1 ,i didn't see any reason for introducing the ,copenhagen vaccine4 ,i told this to ,professor ,rose and ,professor ,rose answered in the form we have seen in the letter which constitutes this document4 ,this would have given some basis for comparison between the two vaccines4 ,however1 ,i didn't use it because ,i was no longer interested in it since1 in the meantime1 we had succeeded somewhat in attenuating our own virus so that we could do without it4 ,i heard no more from ,professor ,rose about this vaccine and never received the ,copenhagen vaccine4 ,q4 ,then you say1 ,professor1 that this was a dead vaccine1 namely the ,copenhagen vaccine1 and there was also your own dead vaccine which was to be used for a preliminary vaccination to reduce the reaction to the live vaccine4 ,however1 this plan although originally intended1 was never carried out8 ,a4 ,yes4 ,that is so4 ,q4 ,now1 ,professor1 we were talking about your letter to ,professor ,hirt of #ae #ac ,november #aidc1 in which you ask him to make other prisoners available4 ,was this request met later and were you able to carry out vaccinations in ,natzweiler later with your new vaccine8 ,a4 ,yes4 ,i received the persons ,i had requested1 and in ,december of #aidc and ,january of #aidd we were able to carry out these vaccinations4 ,i performed them in two groups of #dj persons each with my live attenuated virus which is no longer pathogenic to human beings1 and this ,i want to state explicitly4 ,q4 ,professor1 please describe these vaccinations briefly to the ,tribunal4 ,a4 ,first1 a group of #dj persons was vaccinated4 ,the first vaccination was done with one cc4 intramuscularly4 ,one was a vaccine made of murine typhus virus vaccine4 ,in no case did local reactions of temperature or other symptoms occur4 ,the second vaccination took place a week later4 ,this was again one cc4 of vaccine introduced intramuscularly4 ,this was no longer pathogenic to human beings4 ,to complete the story ,i have to say that between the ,schirmeck vaccinations in ,may and these vaccinations1 ,i had turned to the production of a louse typhus vaccine2 this vaccine contained live virus4 ,before it was used in ,natzweiler as a vaccine1 we tested it on ourselves1 that is1 with some collaborators1 to ascertain the tolerability and effects4 ,we were roughly ten persons1 members of the institute and also students4 ,only then did we use the vaccine on the prisoners in ,natzweiler4 ,four weeks after the last vaccination there were the usual serological examinations4 ,the ,weil-,felix reaction was used4 ,the average titer value1 let me say1 was better than in the vaccinations with the rat virus4 ,it was1 namely #b1jjj4 ,i need not go into these details4 ,the general reactions were normal reactions to inoculation1 temperature1 and headaches2 but there were no manifestations of actual typhus as a result of inoculations4 ,q4 ,you are speaking of a first group1 so ,i assume there must have been a second group4 ,how did you carry out the vaccination of the second group8 ,a4 ,it occurred to me that instead of injecting the vaccine1 the vaccination could be performed by scarifying the skin in the same way as you scrape the skin to make a smallpox vaccination4 ,therefore1 as with the first group1 with the same living virus vaccine1 ,i vaccinated #dj additional persons with scarification of the skin4 ,let me point out that the experiments on myself and on my assistants were carried out in the same way1 with scarification of the skin4 ,the reactions were comparatively mild1 corresponding roughly to the reactions to vascular typhus vaccine1 so that we had no misgivings about undertaking this kind of vaccination4 ,q4 ,you described the reactions of yourself and the volunteers as very slight4 ,now1 the reactions of the prisoners were stronger1 were they not8 ,a4 ,yes4 ,they were stronger again4 ,and this we can only explain by believing that the general state of health among the prisoners was lower than among my associates2 but there was no such thing as a natural manifestation of typhus or any fatalities4 99 99 99 99 99 ,q4 ,but1 ,professor1 to this statement ,i shall have to put to you something which was said before this ,tribunal and which is quite different from what you have just said4 ,i am referring to the testimony of the witness1 ,edith ,schmidt4 ,on #i ,january #aidg 7,tr4 p4 #acga71 she said that you had carried out vaccination experiments on #ajj to #aej persons in ,natzweiler1 and out of these experiments roughly #ej are said to have died from the control group4 ,fraeulein ,schmidt stated that she knew this from notes which your technical assistant1 ,miss ,crodel1 had made about the typhus experiments at ,natzweiler4 ,can you please tell the ,tribunal to which notes ,fraeulein ,schmidt was referring--in other words1 how do you explain her testimony8 ,a4 ,it is utterly impossible for ,fraeulein ,schmidt to have seen records of notes of my vaccinations in ,natzweiler in which fatalities occurred because as ,i have already said no one died following the vaccinations4 ,these notes of ,fraeulein ,crodel's which ,fraeulein ,schmidt saw do not refer to the vaccinations4 ,that can be seen from the numbers mentioned1 by ,fraeulein ,schmidt1 because ,i only vaccinated #hj persons at ,natzweiler1 not #aej to #bjj as the witness stated4 ,the witness apparently took this number and the concept of a control group from later writings1 which are to be discussed hereafter2 but ,i can imagine to which note she could have been referring4 ,q4 ,please continue1 ,witness4 ,a4 ,the witness states correctly when these notes were made1 because she says the sun was shining on the pages4 ,that must have been in the spring or summer of #aidd4 ,this corresponds with the time when the typhus epidemic was raging in the camp4 ,thus ,i assume that ,fraeulein ,schmidt really did see genuine notes of some sort4 ,q4 ,then1 ,witness1 you are saying that these were notes which were made in the course of an epidemic that took place in ,natzweiler1 can you tell us when this epidemic broke out8 ,a4 ,so far as ,i can state from memory1 the epidemic broke out in ,february or ,march of #aidd4 ,gradually the number of cases became very large1 and in the summer the very considerable figure of roughly #a1bjj was reached4 ,q4 ,let me point out in this connection that this epidemic is confirmed by two prosecution witnesses3 ,grandjean on #f ,january 7,tr4 p4 #ajii7 and the witness ,holl on #c ,january #aidg 7,tr4 p4 #ajeh74 ,both witnesses stated that in the spring of #aidd and also in the summer following1 there was a severe typhus epidemic in ,natzweiler4 ,the witness ,grandjean gave the number as #a1bjj to #a1djj cases1 as ,i remember1 thus this would agree with what you have just said1 ,witness4 ,now1 the most important question in this connection is1 did the outbreak of this epidemic have any connection with your vaccinations--what ,i mean is1 were your vaccinations the cause of this epidemic8 ,a4 ,no4 ,there was no connection between the epidemic and our vaccinations4 ,our vaccinations had already been concluded in ,january #aidd1 and the first typhus cases occurred in ,february or ,march1 and they were brought into the camp from outside1 either by transports or from other camps4 ,let me repeat that the sick people were taken from outside camps to ,schirmeck where they were treated in a special department1 because there was no way of isolating them in the outside camps4 99 99 99 99 99 ,,cross-,,examination ,,mr4 ,,mchaney3 ,let's pass on to the notebook4 ,now1 what does the notebook show8 ,what is this notebook8 ,,witness ,,haagen3 ,that is a control book in which the experiments with the typhus vaccine on the animals were recorded4 ,q4 ,does that notebook concern your typhus experiments8 ,a4 ,as far as ,i can see now1 it looks as if that was the current laboratory work which we were carrying out4 ,that is what it looks like1 but ,i'd have to see all of it first4 ,q4 ,now1 ,professor1 you must be able to tell the ,tribunal who wrote this book4 ,a4 ,the technical assistant kept it1 and from the handwriting1 it looks as if she made these entries2 but ,i can't interpret every record after such a long time4 ,i have to study it first4 ,we did not only have vaccinations1 but also scientific work4 ,q4 ,but to the best of your memory1 you can state that this notebook was written by ,fraeulein ,crodel1 and it concerns the experiments carried out by you8 ,a4 ,the laboratory work1 as far as ,i can see at the moment4 ,i would like to make that restriction4 ,,mr4 ,,mchaney3 ,the prosecution asks that ,document ,,no-#cheb be marked as ,prosecution ,exhibit #eba for identification4 ,now1 ,professor1 we have covered the chart of the test on the two mice4 ,let's go to the notebook itself4 ,and in order to follow my questions1 ,i will ask you to observe the pencil numbers which ,i have written on this photostatic copy down at the bottom right-hand corner of each page4 ,do you find that8 ,a4 ,yes4 ,q4 ,will you turn to page #c8 ,if the ,tribunal1 please1 it will be necessary to renumber the pages appearing on your translations4 ,this applies equally to the defense counsel4 ,when the translation was made1 they took some pages off the reverse side of the photostatic copy1 and because of the two pages appearing for one photostatic copy1 they had to be renumbered4 ,page #e on the translations should be marked page #c4 ,do you find the entry for #cj ,april #aidc1 ,professor8 ,a4 #cj ,april '#dc1 yes4 ,q4 ,and that says1 8,s1 plus1 plus1 #i1 ,sch40 ,that is ,schirmeck1 isn't it1 ,professor8 8,sch408 ,a4 ,no4 ,that means ninth passage4 ,it is supposed to be 8pas401 ninth passage4 ,q4 ,it says 8,sch401 what does 8,sch40 mean8 ,a4 ,it doesn't look like 8,sch40 to me4 ,q4 ,what does it look like to you8 ,a4 ,in ,german1 ,i think it looks like a 8p01 a ,german 8p04 ,q4 ,and you think it should read what8 ,a4 ,first1 ,i said it is probably 8passage--ninth passage04 ,q4 ,all right4 ,let's go down to the entry1 the next one for #ad ,may4 ,in parenthesis 8two weeks10 does that mean the vaccine had been stored for two weeks8 ,a4 ,where is that8 ,i can't find it4 ,q4 #ad ,may1 immediately-- ,a4 ,it probably means that it was stored for two weeks1 yes4 ,q4 ,and then you go on1 and it reads1 8#a plus two point two for six mice1 point five1 ,i4 ,p4 ,all injected again1 six point six immune1 only two out of four of the controlled died10 right8 ,a4 ,yes4 ,that is right4 ,q4 ,then1 the next is #bf ,may1 8four weeks1 three dash six10 what does 8three dash six0 mean1 ,professor8 ,a4 8,four weeks1 three to six10 only ,i can't tell you at the moment4 ,i'd have to reconstruct what the assistant wrote4 ,q4 ,well1 passing that for the moment4 ,it continues to read1 8point #e per person and six mice point five ,i4 ,p41 five dead after ten1 fourteen days4 ,the rest after four weeks40 ,what does 8the rest0 refer to1 the one mouse8 ,does that refer to those unidentified persons8 ,a4 ,no4 ,that refers to the mice4 ,it was simply a mouse experiment4 ,it says 8five dead40 ,we should have all the information on the mice4 ,this is only an extract4 ,q4 ,but this is ,may #aidc1 when you were vaccinating people in ,schirmeck1 and this entry says 8three dash six1 point five per persons04 ,now you are not suggesting to the ,tribunal that the 8persons0 are referring to the mice8 ,it continues to say-- ,a4 ,but when it says 8six mice0 with 8point five01 that was the serum1 ,i suppose1 because we were also testing the immunizing effect on mice4 ,i can't interpret it differently at the moment4 8,four weeks01 that means the vaccine had been stored for four weeks4 8,point five per persons0 were vaccinated4 ,that might mean that it was a comparison experiment1 that the effectiveness was to be tested on mice4 ,at the moment ,i can't give any exact interpretation4 ,i'd have to study the document very carefully4 ,q4 ,what does this 8per person0 refer to8 ,talking about human beings1 aren't they8 ,a4 ,yes4 ,it is very possible that that was the vaccine which we had injected into the persons in ,schirmeck in ,may of '#dc2 and then in parallel experiments1 we tested it on mice4 ,it was still pathogenic to mice4 ,it was the murine typhus virus4 ,q4 ,but not pathogenic to human beings4 ,it killed the mice1 but you were sure it wouldn't kill any human beings1 is that right8 ,a4 ,yes4 ,the vaccination showed that4 ,q4 ,let's see what it showed4 ,let's look at the entry for #f ,july1 and you will recall that this is right about the time that our witness1 ,hirtz1 was testifying4 ,on #f ,july1 8drawings of blood1 ,schirmeck1 #aj persons1 #c had fever1 ,weil-,felix10 and then under number #a to #h1 indicating persons #a to #h1 you give the serum titer count1 and then comes a little phrase1 8the other two were not here anymore40 ,professor1 what about these other two persons out of the ten8 ,you remember that the witness ,hirtz testified that he personally sewed two bodies up in a paper bag1 which were delivered to the crematorium after you had injected your vaccine4 ,doesn't this1 8the other two are not here anymore01 rather substantiate what the witness ,hirtz testified to8 ,a4 ,no4 ,i wouldn't say that4 ,in my direct examination1 ,i said that on checking these vaccinated persons1 no one was missing4 ,whether later perhaps--these serological examinations were in ,may1 two months before--whether some of the prisoners went in the meantime1 ,i don't know4 ,if anyone had died there would have been an entry somewhere in the record1 ,i should think4 ,q4 ,doesn't that entry say1 8the two weren't here anymore08 ,where were these serological examinations in ,may8 ,i don't see that in your records4 ,does it show any serological examinations in ,may8 ,a4 ,in the institute4 ,and this is a later check on the immunity through the ,weil-,felix experiments4 ,q4 ,we will proceed1 ,professor4 ,now you testified you did not conduct any vaccinations after ,may #aidc in ,schirmeck1 and ,i must have given you an opportunity at least five times to make that perfectly clear4 ,and even on the last document ,i put to you1 you still insist you did not make any4 ,the next entry reads1 8#d ,october #aidc1 six months1 inoculated #bj persons in ,schirmeck1 tube plus #b cc4 distilled water1 #j4e per person04 ,do you want to change your testimony now1 ,professor8 ,a4 ,first ,i have to read it carefully4 ,there is a figure here1 8six months04 ,i have to interpret that 8#bj persons inoculated in ,schirmeck04 ,those are probably the #bj people we vaccinated in ,may1 whom the witness here mentioned4 8,two cc4 distilled water1 then #j4e cc4 per person40 ,i do not know even today that we carried out vaccinations in ,schirmeck in the fall of #aidc4 ,then there is an entry on the #bgth of ,january1 #aidd1 8nine months04 ,q4 ,that is right4 ,that gives you the length of time you had this vaccine stored1 does it not1 ,professor8 ,on #d ,october #aidc you had it stored six months8 ,you inoculated #bj persons in ,schirmeck on #d ,october1 did you not1 as you stated in your letter to ,rose on the same date3 8the inoculations are now progressing10 or words to that effect8 ,you remember you said to ,rose in a letter of #d ,october #aidc1 which ,i put to you1 that was just a plan that you would do that4 ,this entry indicates you did do it1 does it not1 ,professor8 ,a4 ,i must stress what ,i said before4 ,afterwards it suddenly says 8,january #aidc04 ,that is a time much farther back4 ,q4 ,yes1 it is further back4 ,it is obviously a mistake1 ,professor1 as you well know4 ,sometimes people running from ,december over into ,january make a mistake and put the last year1 you know1 and that is obviously what happened in this case because he could not write a contemporaneous entry for ,january #aidc and then have it appear up above that entry1 entries for ,october1 ,july1 and ,may and ,april #aidc1 could he1 ,professor8 ,you will agree with me that the date should read #bg ,january #aidd1 when the vaccine had been stored nine months dating from #cj ,april #aidc1 is that not right1 ,professor8 ,a4 ,i cannot remember that we vaccinated anybody in ,schirmeck later2 ,i am very sorry4 ,q4 ,you remember that you did not vaccinate anybody after ,may1 ,professor8 ,a4 ,yes4 ,that is right4 ,q4 ,on #bg ,january #aidd1 which is the next entry1 8nine months1 mixed with the same amount as #ba ,may distilled water plus tube1 #bj persons #aj cc4 each04 ,those were in ,schirmeck1 too1 were they not1 ,professor8 ,a4 ,it says #a cc41 #a point #j cc4 ,it does not say anything about ,schirmeck4 ,i cannot say4 ,i must assure you once more that ,i actually know nothing about these vaccinations4 ,i am very sorry4 ,q4 ,let us proceed to page #d1 ,professor4 ,it is apparently another series on ,schirmeck4 ,do you find the entry on page #d8 ,your ,honors should change page #f to page #d4 ,,presiding ,,judge ,,beals3 ,our pages are numbered #a and #b4 ,you are referring to the numbers on the original document8 ,,mr4 ,,mchaney3 ,yes1 your ,honor1 page #f on our translation4 ,page #f of the original1 should be changed to read page #d of the original4 ,now1 ,professor1 do you find an entry on page #d before you1 of #aj ,october1 8five months1 inoculated ten persons in ,schirmeck08 ,do you find that1 ,professor8 ,,witness ,,haagen3 ,yes4 ,q4 ,that indicates you inoculated some after #d ,october #aidc1 vaccinations which you mentioned in your letter to ,rose1 and which are confirmed by this notebook4 ,and then1 under the entry for #aj ,october1 you find #bg ,january #aidd4 ,does it appear #aidd on the original8 ,a4 #bg ,january #aidd1 yes4 ,q4 ,eight months8 ,a4 ,eight months1 yes4 ,q4 ,you speak of inoculating #bj persons there1 do you not1 ,professor8 ,can you tell the ,tribunal that those were done in ,schirmeck8 ,a4 ,i do not know that vaccinations were performed in ,schirmeck at this time4 ,we were only vaccinating in ,natzweiler at this time1 and ,i did not hear that such vaccinations were carried out4 ,i am sorry4 ,q4 ,all right4 ,a4 ,i am trying to interpret the document4 ,q4 ,professor1 let us go on to page #e4 ,do you find page #e1 ,professor8 ,a4 ,yes4 ,q4 ,this mentions another series of inoculations in ,schirmeck1 8#ac ,july #aidc1 approximately seven weeks1 ,schirmeck1 #j4e cc4 per person and six mice before the inoculation04 ,let us drop down lower on the page4 ,do you find the entry for #ad ,october8 ,professor1 do you find that8 ,a4 ,yes4 ,q4 8,ten persons inoculated for the third time with #a cc40 ,professor1 ,i thought you told us that you did not carry out multiple vaccinations with your murine vaccine in ,schirmeck4 ,a4 ,i have already testified that the only vaccinations in ,schirmeck were in ,may #aidc4 ,i do not know from where this record came4 ,in the fall of #aidc we were only working in ,natzweiler4 ,i am sorry1 ,i cannot give any explanation4 ,q4 ,this entry1 though1 ,professor1 indicates an inoculation for the third time on a series of ten persons4 ,that was your 8,infektions-,versuche10 was it not1 ,professor8 ,a4 ,no4 ,i know nothing about it2 ,i am sorry4 ,q4 ,but your series of three vaccinations was what you referred to as the 8,infektions-,versuche10 was it not1 ,professor8 ,a4 ,but these were vaccinations which were carried out in ,natzweiler1 ,mr4 ,prosecutor4 ,q4 ,the book says they were carried out in ,schirmeck1 and about four days before1 on the #dth of ,october #aidc1 you wrote to ,rose and said1 8,we have to carry out infection experiments40 ,professor1 is it possible that you really meant by 8infection experiments0 something other than your three-times vaccination which you had concluded on #ad ,october #aidc8 ,a4 ,let me see exactly what it says here1 page #e1 8#aj ,october-#ad ,october1 ten persons1 three times point five10 it says again4 ,it only says it is a vaccination1 if this document is right4 ,q4 ,does the document say1 8,vaccinated ten persons1 inoculated for the third time08 ,is that what it said8 ,a4 ,yes4 ,it says so4 ,in ,may at ,schirmeck in the control group we vaccinated three times4 ,that is not impossible2 but what ,i notice on this document1 if you want to connect it with the ,ipsen vaccine1 is that it does not say anything about the ,ipsen vaccine2 ,i have not found that yet1 but it does say ,gildemeister4 ,q4 ,i have not mentioned anything about ,ipsen vaccine4 ,let us proceed1 ,professor1 so that we get through before the noon recess4 ,remember1 you testified you had not carried out any vaccinations in ,natzweiler after ,january #aidd4 ,professor1 will you turn to page #g of this little notebook on your experiments1 and while this is not the only entry which shows that you carried out vaccination experiments in ,natzweiler after ,january #aidd1 ,i think it will be sufficient for our purposes4 ,do you have page #g8 ,will you find the entry8 ,a4 ,yes4 ,i have page #g4 ,q4 ,will you find the entry for #be ,may #aidd8 ,a4 ,yes4 ,q4 ,does that read1 8,together with ,s inoculated1 used up five tubes of ,,mi in ,natzweiler2 two ampules distilled water1 three to four cubic centimeters per ampule vaccine1 #j4e cc4 ,the inoculation took place during the incubation period1 a transport also containing sick people1 #ac became sick in the period from #bi ,may to #i ,june2 of those1 two died40 ,then it continues to give the titer value of some of the others4 ,professor1 don't you have to change your testimony about vaccination in ,natzweiler8 ,a4 ,no4 ,i cannot change it4 ,i know nothing about this4 ,q4 ,professor1 let us look at words 8together with ,s04 ,what do you understand 8together with ,s0 to mean8 ,it is #be ,may #aidd8 ,a4 ,i have no idea what 8,s0 means4 ,q4 ,you testified that the defendant ,schroeder visited you and you fixed the date1 #be ,may #aidd4 ,is there any possibility that that 8,s0 could mean ,schroeder8 ,a4 ,no4 ,that is quite impossible4 ,impossible4 ,professor ,schroeder never carried out any experiments with me nor did any work in my laboratory4 ,he was not with me in ,schirmeck or ,natzweiler4 ,q4 ,he was not with you in ,natzweiler8 ,a4 ,no4 99 99 99 99 99 ----- #eg ,united ,states vs4 ,oswald ,pohl1 et al4 ,see ,vol4 ,v4 #eh ,not introduced in evidence4 #ei ,final plea is recorded in mimeographed transcript1 #ag ,july #aidg1 pp4 #aajdi-aajgd4 #fj ,united ,states vs4 ,friedrich ,flick1 et al4 ,see ,vol4 ,,vi4 #fa ,united ,states vs4 ,oswald ,pohl1 et al4 ,see ,vol4 ,v4 #fb ,passage is the passing of a disease carrier through a human being or through an animal4 #fc ,complete testimony is recorded in mimeographed transcript1 #f1 #g1 #h1 #i ,jan4 #aidg1 pp4 #aaea-ahhc4 #fd ,complete testimony is recorded in mimeographed transcript1 #ah1 #ba1 #bb1 #bc1 #bd1 #be ,april #aidg1 pp4 #fjha-fdhd4 #fe ,complete testimony is recorded in mimeographed transcript1 #bf1 #bg1 #bh1 #ca ,march #aidg1 pp4 #ejjj-ebdd4 #ff ,complete testimony is recorded in mimeographed transcript1 #ag1 #ah1 #ai1 #bj ,june #aidg1 pp4 #idji-igac4 #aj4 ,,experiments ,,with ,,poison a4 ,introduction ,the defendants ,genzken1 ,gebhardt1 ,mrugowsky1 and ,poppendick were charged with special responsibility for and participation in criminal conduct involving experiments with poison 7par4 #f 7,k7 of the indictment74 ,only the defendant ,mrugowsky was convicted on this charge4 ,the prosecution's summation of the evidence on the experiments with poison is contained in its closing brief against the defendant ,mrugowsky4 ,an extract from this brief is set forth below on pages #fca to #fcb4 ,a corresponding summation of the evidence by the defense on these experiments has been selected from the final plea for the defendant ,mrugowsky4 ,it appears below on pages #fcc to #fcd4 ,this argumentation is followed by selections from the evidence on pages #fcd to #fci4 b4 ,selection from the ,argumentation of the ,prosecution ,,extract ,,from ,,the ,,closing ,,brief ,,against ,,defendant ,,mrugowsky 99 99 99 99 99 ,poison ,experiments ,poison experiments were carried out in the ,buchenwald and ,sachsenhausen concentration camps by order of the defendant ,mrugowsky 7,tr4 pp4 #aahc-f74 ,the first series of the experiments was carried out in ,december #aidc in order to determine the fatal dosage of poisons of the alkaloid group4 ,these experiments were requested by the ,,ss judge1 ,morgen1 who investigated the criminal case against ,koch1 camp commander of ,buchenwald1 and the defendant ,hoven4 ,hoven was suspected of having killed a witness against ,koch and himself by means of poison4 ,four ,russian prisoners of war were experimented upon by ,ding4 ,the poison was administered to the experimental subjects in their food without their knowledge4 ,all four survived1 but were strangled in a crematorium of the concentration camp in order that autopsies could be performed4 7,tr4 pp4 #aahc-f2 ,,no-#bfe1 ,pros4 ,ex4 #bhg47 ,since ,ding was subordinated to ,mrugowsky1 this experiment could not have been performed by ,ding without ,mrugowsky's approval4 ,on #aa ,september #aidd ,mrugowsky and ,ding carried out an experiment with aconitine nitrate projectiles in the ,sachsenhausen concentration camp4 ,the projectiles were filled with crystallized poison and five experimental subjects were shot in the upper part of the left thigh with these projectiles4 ,in two cases1 no effect of the poison could be observed4 ,in the other three cases1 the suffering of the experimental subjects was terrible4 ,all three died after approximately two hours of agony4 ,the poison bullets used in the experiments were allegedly of ,russian origin4 7,,no-#bja1 ,pros4 ,ex4 #bij47 ,the experimental subjects were ,russian prisoners of war4 7,tr4 p4 #aahf2 see also ,kogon's testimony in ,case #d4fg7 ,mrugowsky admitted his participation in these experiments4 ,he defended himself on the ground that he was the legally appointed executioner in this case4 ,assuming the truth of this absurd statement1 it cannot be held legal to torture to death prisoners of war even if they had been validly sentenced to death4 ,on #bf ,october #aidd still another poison experiment was carried out by ,ding in ,buchenwald4 ,the entry in the ,ding diary for that date states3 8,special experiment on #f persons according to instructions of ,,ss ,oberfuehrer ,lecturer ,dr4 ,mrugowsky and ,,rkpa4 7,report on this orally470 ,kogon testified that ,ding told him the ,russian prisoners of war used in the experiments died in a short time4 ,they were later dissected and burned4 ,ding reported to ,mrugowsky orally4 ,these experiments were connected with the poison bullet experiments in the ,sachsenhausen concentration camp4 7,tr4 pp4 #aahe-aahf47 99 99 99 99 99 c4 ,selection from the ,argumentation of the ,defense ,,extract ,,from ,,the ,,final ,,plea ,,for ,,defendant ,,mrugowsky#fh 99 99 99 99 99 ,in respect to the poison experiments1 ,i proved in my written statement that ,ding's assertion that ,mrugowsky had ordered him to be present at a euthanasia killing by phenol is not correct4 ,professor ,killian1 who according to ,ding's statement1 was present when the order was given1 said that this statement of ,ding's was incorrect4 ,it showed that the examination of the question of whether the noxious effect of serums containing phenol can be proved by the comparative use of serums with and without phenol1 and also a series of experiments with serums containing phenol was never carried out4 ,the experiments with pervitin were carried out on the initiative of ,dr4 ,morgen and ,dr4 ,wehner1 according to the ,ding diary4 ,i proved that no harm was caused to the health of the experimental subjects by these experiments4 ,the experiments were performed with pervitin which can be obtained in any chemist's shop without a prescription and consequently is not a poison4 ,in the experiments it was used together with a narcotic because the authority wanted to determine whether1 as a result of this treatment1 the effect was increased one way or the other4 ,the only effect was that the experimental subjects fell into a disturbed sleep for up to #bj hours4 ,this pervitin experiment was not ordered by ,mrugowsky2 he did not participate therein in any way1 and the prosecution did not even contend that he knew of it4 ,no responsibility under criminal law may be deduced against him from this experiment4 ,with regard to the special experiment on #f persons mentioned in ,ding's diary1 it is again solely the witness ,kogon who gave details4 ,in my closing brief ,i pointed out that1 in this case too1 ,kogon gave contradictory testimony in the ,pohl trial#fi and the doctors' trial about the origin of this experiment4 ,thus his evidence has no probative value4 ,moreover1 ,kogon's description of this experiment1 except for the sealing and the burning of the prescription1 is only based on ,ding's statements4 ,in respect to this special experiment1 there is no evidence whatsoever to show the type of poison used1 the manner in which the special experiment was performed1 and the aim of the experiment4 ,after the collapse1 ,ding told the defendant ,sievers that towards the end of #aidd in ,buchenwald he had filled #hj phials with prussic acid in order to commit suicide1 but he unfortunately took none of them with him4 ,no one can prove whether ,ding carried out his 8special experiment0 with these prussic acid capsules because ,ding left no report about the course of the special experiment4 ,the ,ding diary states that the experiment was performed by order of ,mrugowsky and the ,reich ,criminal ,police ,office4 ,because the diary has such little probative value1 the truth of this contention cannot be proved by this document alone4 ,no other evidence has been submitted to show that ,ding poisoned #f prisoners by order of ,mrugowsky4 ,therefore there is no conclusive evidence to prove that ,mrugowsky ordered this experiment or that he even knew about it4 ,the prosecution further indicted ,mrugowsky because of an execution performed at ,sachsenhausen in which ten bandits sentenced to death were executed with bullets poisoned with aconitine4 ,i have proved that ,mrugowsky attended this execution only as the usual doctor present at an execution4 ,i further demonstrated that the execution took place because1 in an attempt on the life of a high-ranking civil servant in the ,general ,government1 ,russian revolver ammunition had been used in which hollow bullets had been filled with aconitine poison4 ,this use of poisoned ,russian bullets1 and ,henderson's book which described the preparation for the use of poisoned bullets in the ,first ,world ,war1 had increased the concern that poisoned bullets would shortly be used at the front4 ,i proved that poisoned ammunition was used at the execution to determine whether pure aconitine or a poison mixture had been used in the bullets1 and how much time would be available in case of need to administer antidotes4 ,i proved that all executions in the concentration camps were ordered by the ,reich ,criminal ,police ,office1 and that the presence of a doctor at such executions was prescribed4 ,the execution at ,sachsenhausen was ordered by the ,reich ,criminal ,police ,office4 ,no charge under criminal law can be deduced against ,mrugowsky from his attendance as a doctor at the execution4 ,i have explained this in detail in my closing brief4 99 99 99 99 99 d4 ,evidence ,prosecution ,documents ,pros4 ,ex4 ,doc4 ,no4 ,no4 ,description of ,document ,page ,,no-#bja #bij ,report from ,mrugowsky to the ,criminological #fce ,institute1 #ab ,september #aidd1 concerning experiments with aconitine nitrate projectiles4 ,testimony ,extract from the testimony of prosecution witness ,dr4 ,eugen ,kogon #fcg ,,partial ,,translation ,,of ,,document ,,no-#bja ,,prosecution ,,exhibit #bij ,,report ,,from ,,mrugowsky ,,to ,,the ,,criminological ,,institute1 #ab ,,september #aidd1 ,,concerning ,,experiments ,,with ,,aconitine ,,nitrate ,,projectiles ,reich ,physician ,,ss and ,police ,berlin-,zehlendorf #f1 ,the ,chief ,hygienist #ab ,september #aidd ,journal ,no43 ,secret #cfd_/dd ,dr4 ,mru4_/,eb4 ,spanische ,allee #aj-ab ,top ,secret ,subject3 ,experiments with aconitine nitrate projectiles ,to the ,criminological ,institute ,stamp attn3 ,dr4 ,widmann ,berlin ,criminological ,institute ,department3 ,chemistry received3 #ac ,sep #aidd ,journal ,no4 g #ec_/dd in charge3 ,in the presence of ,,ss ,sturmbannfuehrer ,dr4 ,ding1 ,dr4 ,widmann1 and the undersigned1 experiments with aconitine nitrate projectiles were conducted on #aa ,september #aidd on #e persons who had been condemned to death4 ,the projectiles in question were of a #g4fe mm4 caliber1 filled with crystallized poison4 ,the experimental subjects1 in a lying position1 were each shot in the upper part of the left thigh4 ,the thighs of two of them were cleanly shot through4 ,even afterwards1 no effect of the poison was to be observed4 ,these two experimental subjects were therefore exempted4 ,the entrance of the projectile did not show any peculiarities4 ,evidently the arteria femoralis of one of the subjects were injured4 ,a slight stream of blood issued from the wound4 ,but the bleeding stopped after a short time4 ,the loss of blood was estimated as having been at the most of a liter1 and consequently was on no account fatal4 ,the symptoms of the condemned three showed a surprising similarity4 ,at first no peculiarities appeared4 ,after #bj to #be minutes a motor agitation and a slight ptyalism set in1 but stopped again4 ,after #dj to #de minutes a stronger salivation set in4 ,the poisoned persons swallowed repeatedly1 but later the flow of saliva became so strong that it could not even be overcome by swallowing4 ,foamy saliva flowed from their mouths4 ,then choking and vomiting set in4 ,after #eh minutes the pulse of two of them could no longer be felt4 ,the third had a pulse rate of #gf4 ,after #fe minutes his blood pressure was #ij_/fj4 ,the sounds were extremely low4 ,a reduction of blood pressure was evident4 ,during the first hour of the experiment the pupils did not show any changes4 ,after #gh minutes the pupils of all three showed a medium dilation together with a retarded light reaction4 ,simultaneously1 maximum respiration with heavy breathing inhalations set in4 ,this subsided after a few minutes4 ,the pupils contracted again and their reaction improved4 ,after #fe minutes the patellar and achilles tendon reflexes of the poisoned subjects were negative4 ,the abdominal reflexes of two of them were also negative4 ,the upper abdominal reflexes of the third were still positive1 while the lower were negative4 ,after approximately #ij minutes1 one of the subjects again started breathing heavily4 ,this was accompanied by an increasing motor unrest4 ,then the heavy breathing changed into a flat1 accelerated respiration1 accompanied by extreme nausea4 ,one of the poisoned persons tried in vain to vomit4 ,to do so he introduced four fingers of his hand up to the knuckles into his throat1 but nevertheless could not vomit4 ,his face was flushed4 ,the other two experimental subjects had already early shown a pale face4 ,the other symptoms were the same4 ,the motor unrest increased so much that the persons flung themselves up1 and down1 rolled their eyes and made meaningless motions with their hands and arms4 ,finally the agitation subsided1 the pupils dilated to the maximum1 and the condemned lay motionless4 ,masseter spasms and urination were observed in one case4 ,death occurred #aba1 #abc1 and #abi minutes after entry of the projectile4 ,summary4 ,the projectiles filled with approximately #ch mg4 of aconitine nitrate in solid form had1 in spite of only insignificant injuries1 a deadly effect after two hours4 ,poisoning showed #bj to #be minutes after injury4 ,the main reactions were salivation1 alteration of the pupils1 negative tendon reflexes1 motor unrest1 and extreme nausea4 ,signature ,,mrugowsky ,,ss ,lecturer ,oberfuehrer and ,office ,chief4 99 99 99 99 99 ,poison ,projectile of a ,russian #g4fe ,caliber ,pistol ,cartridge 7,perspective view1 scale #aj3a7 ,illustration ,the projectile is cut open and of the lead core 7#a segment7 is removed4 ,the lead seal at the bottom of the projectile is not shown in this illustration4 ,the section is clearly visible on the right half of the jacket of the projectile4 ,criminological ,institute of the ,security ,police ,department3 ,chemistry ,journal ,no4 g #ae_/dd ,russian #g4fe mm4 ,caliber ,pistol ,cartridge with ,poison ,projectile 7,stamp on bottom of cartridge case3 ,geco7 ,illustration ,criminological ,institute of the ,security ,police ,department3 ,chemistry ,,extract ,,from ,,the ,,testimony ,,of ,,prosecution ,,witness ,,dr4 ,,eugen ,,kogon#gj ,,direct ,,examination 99 99 99 99 99 ,,mr4 ,,mchaney3 ,do you know anything about experiments with poisons in the ,buchenwald concentration camp8 ,,witness ,,kogon3 ,i know of two such cases4 ,the one case was about the turn of the year #aidc-dd or in the late fall of #aidc1 and the second case was probably in the summer of #aidd4 ,in each case ,russian prisoners of war were used for these experiments4 ,in the first case various preparations of the so-called alkaloid series were put into noodle soup and administered to #dj of these prisoners of war who were in ,block #df4 ,they1 of course1 had no idea what was going on4 ,two of these prisoners became so sick that they vomited1 one was unconscious1 the fourth showed no symptoms at all4 ,thereupon1 all four were strangled in the crematorium4 ,they were dissected and the contents of their stomachs and other effects were determined4 ,the experiment was ordered by the ,,ss court1 by the ,,ss investigating judge1 ,sturmbannfuehrer ,dr4 ,morgen4 ,it was carried out in the presence of ,dr4 ,ding1 ,dr4 ,morgen1 ,dr4 ,wehner1 ,,ss ,hauptsturmfuehrer and ,,ss judges1 and one of the three camp leaders1 ,i do not know whether it was ,,ss ,sturmbannfuehrer ,schubert or ,,ss leader ,florstedt4 ,the second experiments-- ,q4 ,witness1 before continuing with the second experiment1 ,i wonder if you could tell the ,tribunal the reason why this poison experiment which you have just mentioned was carried out8 ,a4 ,in the summer of #aidc the ,,ss court in ,berlin was trying the former commander of ,buchenwald and later commander of the ,lublin concentration camp in ,poland1 ,,ss ,standartenfuehrer ,koch4 ,the trial was reaching its climax4 ,the investigation had led to very serious charges against ,koch4 ,here ,i must mention that ,,ss ,obergruppenfuehrer ,prince ,waldeck1 then head of the ,,ss main district ,oberabschnitt ,fulda-,werra1 was personally opposing ,koch1 and it was merely this personal antagonism of the two men which had brought about the trial4 ,a man by the name of ,koehler1 a ,hauptscharfuehrer in ,buchenwald1 was arrested by ,dr4 ,morgen and kept in custody in the ,buchenwald concentration camp4 ,this ,hauptscharfuehrer seemed to have testified against ,koch4 ,two or three days later this ,hauptscharfuehrer ,koehler was found dead in his cell4 ,a few hours before he had been quite healthy4 ,he seemed to have taken strong poison4 ,dr4 ,morgen contended that ,dr4 ,hoven1 together with the guard1 ,hauptscharfuehrer ,sommer1 had killed ,koehler4 ,koehler was dissected in the dissecting room in the presence of a scientist from ,jena and two of my comrades4 ,the head of the pathology section was also present4 ,drugs of the alkaloid series were found in the stomach of the dead man4 ,the amount and the specific type was not known4 ,in order to determine the fatal dosage of poisons of this type1 the ,,ss court ordered an experiment on four ,russian prisoners of war4 ,this is the experiment which ,i have just described in ,block #df4 ,on #bj ,september #aidc1 ,dr4 ,hoven was arrested on ,dr4 ,morgen's orders and remained in the custody of the ,,ss court until the end of ,march #aide4 ,i know the date exactly because on that ,saturday afternoon ,dr4 ,hoven came to ,block #ej on his motorcycle1 asked me about ,dr4 ,ding-,schuler1 who was not there1 and went away again quite depressed4 ,half an hour later ,i learned from the hospital1 the prisoners' hospital1 that ,dr4 ,hoven expected to be arrested himself4 ,q4 ,in other words1 ,hoven was suspected by ,morgen of having done away with the witness against ,koch1 is that right8 ,a4 ,yes4 ,q4 ,now1 will you explain to the ,tribunal about his second poison experiment8 ,a4 ,in the summer of #aidd--;,i am not quite sure of the exact date--,dr4 ,ding1 who was already called ,schuler1 came from ,berlin at the time and told me that he had a very unpleasant task to perform4 ,he said it was extremely secret and a few hours later1 without my having asked1 he told me details about it in his room4 ,i must point out that at this time there was really nothing at all private or official1 that ,dr4 ,schuler would not have told me in order to get my advice4 ,he realized quite clearly that the cause of ,national ,socialism was lost4 ,he was only looking for safety4 ,he said1 8,kogon1 can you see any way of getting me out of this affair8 ,i am supposed to test a poison here on ,russian prisoners of war4 ,i have to report on it immediately4 ,it is a direct order from ,mrugowsky4 ,i don't know how ,i can get out of it40 ,he gave me the prescription1 the chemical formula of this poison1 and ,i was to put this prescription in an envelope and seal it in his presence4 ,in my haste ,i was not able to read it4 ,it had some code name4 ,i put the prescription in the envelope and only said to him1 because we were interrupted1 8,you know my point of view40 ,i must add here that in long conversations at night ,i had tried to explain to him that his only way out was to do as much as possible for the political prisoners1 but that in serious cases he must1 as a human being1 refuse to carry out orders which violated the moral laws4 ,he laughed when ,i said that and replied1 8,i know your religious and moral ideas4 ,you know ,i don't believe in anything4 ,this way is out of the question for me2 all ,i can do is comply with the first suggestion and collaborate with the political prisoners40 ,in this poison case1 he went in great haste and excitement to the camp leader1 ,sturmbannfuehrer ,schubert1 whom he had informed beforehand by telephone1 and the commander1 ,oberfuehrer ,pister1 who also knew about it and they all went--,i don't know whether the camp physician was also present--at any rate1 they went to the crematorium1 not to ,block #df4 ,the ,russian prisoners of war1 again1 four of them1 had been taken there into the cellar with the #df hooks on the walls on which the people were strangled4 ,these four ,russians were given this poison4 ,i do not know how it was administered4 ,as ,ding-,schuler told me later1 they died in a very short time4 ,then they were dissected and cremated4 ,dr4 ,ding did not send a written report on this matter to ,berlin4 ,he told me he had to report on it to ,mrugowsky orally4 ,ding was not only excited about this matter1 but afterwards he was also very secretive about it4 ,he did not want me to talk about it any more4 ,from indications in his conversation ,i learned that there was some connection with experiments in the ,sachsenhausen concentration camp near ,oranienburg which ,mrugowsky had performed in ,ding's presence4 ,prisoners must have been shot there with poisoned bullets1 because ,ding said that a ,russian prisoner of war had succeeded in getting hold of a knife and attacking ,mrugowsky1 but that the prisoner had been immediately overpowered4 ,in any case1 ,ding did not want to have anything more to do with the matter1 even in my presence4 ,a short time later the prescription and the sealed envelope were burned by ,ding in my presence4 ,he held it over a candle in my presence and burned it4 ,i could not find out what the contents were4 99 99 99 99 99 ----- #fg ,united ,states vs4 ,oswald ,pohl1 et al4 ,see ,vol4 ,v4 #fh ,final plea is recorded in mimeographed transcript1 #ag ,july #aidg1 pp4 #aajdi-aajgd4 #fi ,united ,states vs4 ,oswald ,pohl1 et al4 ,see ,vol4 ,v4 #gj ,complete testimony is recorded in mimeographed transcript1 #f1 #g1 #h ,jan #aidg1 pp4 #aaej-acjj4 ,see also testimony of defendant ,mrugowsky1 sec4 ,,viii ,g1 vol4 ,,ii4 #aa4 ,,incendiary ,,bomb ,,experiments a4 ,introduction ,the defendants ,genzken1 ,gebhardt1 ,mrugowsky1 and ,poppendick were charged with special responsibility for and participation in criminal conduct involving incendiary bomb experiments 7par4 #f 7,l7 of the indictment74 ,the defendants were acquitted on this charge4 ,the prosecution's summation of the evidence on the incendiary bomb experiments is contained in its closing brief against the defendant ,poppendick4 ,an extract from this brief is set forth below on page #fdj4 ,a corresponding summation of the evidence by the defense on these experiments has been selected from the closing brief for the defendant ,poppendick4 ,it appears below on pages #fda to #fdc4 ,this argumentation is followed by selections from the evidence on pages #fdc to #fec4 b4 ,selection ,from the ,argumentation of the ,prosecution ,,extract ,,from ,,the ,,closing ,,brief ,,against ,,defendant ,,poppendick 99 99 99 99 99 ,incendiary ,bomb ,experiments ,sturmbannfuehrer ,ding-,schuler 7hereinafter referred to as ,ding7 carried out incendiary bomb experiments in the ,buchenwald concentration camp between #ai and #be ,november #aidc4 7,,no-#bfe1 ,pros4 ,ex4 #bhg47 ,in order to ascertain the effectiveness of the drug ,r #ag and echinacine ointment and liquid for the treatment of phosphorus burns1 five experimental persons were deliberately burned with ignited phosphorus which was taken from an incendiary bomb4 ,the resulting burns were very severe1 the victims suffered excruciating pain and permanent injury4 ,the drugs to be tested were manufactured at the ,dr4 ,madaus ,works in ,dresden-,radebeul4 7,tr4 pp4 #aahg-ij47 ,the report on these experiments 7,,no-#egi1 ,pros4 ,ex4 #bhh7 was forwarded by ,ding to the defendants ,poppendick and ,mrugowsky4 7,tr4 pp4 #aaeh1 #aahh47 ,the ,research ,department 8,v0 7for ,vonkennel7 in ,leipzig was also interested in these experiments4 ,correspondence by ,ding with this department went through ,poppendick4 7,tr4 pp4 #aaeh1 #aage1 #abdg1 #abfg47 ,research ,department 8,v0 was a laboratory run by ,sturmbannfuehrer ,vonkennel1 with funds and material furnished by ,grawitz4 7,poppendick #i1 ,poppendick ,ex4 #h2 ,tr4 pp4 #eehi-eeib47 ,poppendick was the expert in ,grawitz' office responsible for the work of that laboratory4 7,tr4 p4 #abfg47 ,this testimony of ,kogon is corroborated by letters from ,vonkennel to ,poppendick and ,ding to ,poppendick concerning typhus experiments4 7,,no-#aahb1 ,pros4 ,ex4 #dgg2 ,,no-#aahd1 ,pros4 ,ex4 #dgf2 ,,no-#aahe1 ,pros4 ,ex4 #dgh47 ,the latter was actually typed by ,kogon for ,ding1 as can be seen from the file notation4 99 99 99 99 99 c4 ,selection from the ,argumentation of the ,defense ,,extracts ,,from ,,the ,,closing ,,brief ,,for ,,defendant ,,poppendick 99 99 99 99 99 ,experiments with ,incendiaries 99 99 99 99 99 ,evaluation of ,evidence ,the prosecution questioned the witness ,kogon about the dispatch of reports on experiments with incendiaries4 ,he stated3 8,the photos were placed opposite each other1 mounted in an album1 described in detail2 the result sent in two copies to ,berlin1 one to ,professor ,mrugowsky1 the other--here ,i am not quite sure--to ,oberfuehrer ,poppendick4 ,i believe that ,oberfuehrer ,poppendick certainly received one report concerning this matter because ,dr4 ,ding intended to publish a dissertation on this in a medical journal40 ,the prosecution then referred in this connection1 to the entry in the so-called ,ding diary under #e ,january #aidd 7,,no-#bfe1 ,pros4 ,ex4 #bhg73 8,records dispatched to the ,reich ,physician ,,ss with the request that they be forwarded to the ,dr4 ,madaus ,works40 ,the prosecution now thought they would be able to connect these two pieces of evidence with one another and wants to prove from this that ,poppendick received a regular report1 with photos1 on experiments with incendiaries1 and thus learned about criminal experiments with incendiaries in ,buchenwald4 ,the defense first questioned the persons concerned in ,leipzig1 in the form of affidavits1 about the previous history of the experiments with incendiaries--the affidavit of ,dr4 ,koch from the ,madaus ,works 7,mrugowsky #ajc1 ,mrugowsky ,ex4 #ig71 the affidavit of ,kirchert 7,poppendick #g1 ,poppendick ,ex4 #i71 and the affidavit of von ,woyrsch 7,mrugowsky #aae1 ,mrugowsky ,ex4 #ajh71 all of these make similar reports on these events4 ,each one of these three witnesses1 viewing this matter from different angles1 was able to testify under oath that the correspondence between ,dr4 ,ding and the firm of ,madaus did not pass through ,poppendick personally1 and that the research section of ,professor ,vonkennel also had nothing to do with the whole matter as far as it took place in ,leipzig1 but that the connections were somewhat different in many respects from what might be concluded from the statement of ,kogon4 ,for a person like ,kogon1 it was1 of course1 difficult to take in the connections as a whole1 as he only occasionally received letters which had anything to do with the questions dealt with here4 ,on the basis of letters still available1 he can only draw certain retrospective conclusions today4 ,therefore1 in the formulation of his statements1 he exercises a certain caution1 qualifying in advance things as they happened by remarks such as 8,i believe10 8certainly10 and so on4 7,see also testimony1 ,pohl trial1 #bb ,april #aidg2ga ,poppendick #ba1 ,poppendick ,ex4 #bj47 ,for these reasons the phrase 8in this case ,i am not quite sure10 relating to ,poppendick's knowledge of illustrated reports on incendiaries1 can only be taken as an indication of the fact that ,kogon did not want ,poppendick to be charged1 through his sworn testimony1 with the knowledge of these reports1 with photographs concerning incendiaries4 ,poppendick has definitely declared that he would certainly have remembered such a report with photographs if he had received it4 ,in this way then1 the uncertain statement of ,kogon is confronted by the definite statement of the defendant1 who could not be accused of any unreliability in the course of his examination4 ,the contention of the defendant is supported by the three above-mentioned affidavits which fully confirm this4 ,kogon then said1 however3 8,a report1 ,i think 99 99 990--then again with a certain limitation--8which ,oberfuehrer ,poppendick certainly received because ,dr4 ,ding intended to publish a dissertation on this in a medical journal40 ,although this last statement was made with somewhat more emphasis1 but still not with complete certainty1 the following comment can be made on it3 ,it is certain that ,kogon had access to the entire documentary evidence as introduced in this trial before making his statement4 ,without doubt he saw the manuscript of the ,ding publication on typhus 7,,no-#ehb1 ,pros4 ,ex4 #bhf7 with the stamp of approval 8by order of ,poppendick10 even if he did not see it while still in ,buchenwald during his stay in the camp4 ,from this he thought he could deduce that ,poppendick must be the person responsible--in spite of the words 8by order0--for the approval of scientific publications4 ,kogon knew from his work in ,buchenwald that ,ding meant to publish a pamphlet on the treatment of burns4 ,he therefore took it for granted that the only way of getting official permission was via ,poppendick1 whereas actually ,poppendick authorized these requests and signed them 8by order of0 in every case only when given special permission by ,grawitz4 ,neither ,kogon nor we know whether such a manuscript was ever actually sent in for publication4 ,even if it was actually sent in1 it is not certain that ,poppendick had to grant permission for its publication4 ,if ,poppendick actually authorized the publication of such a pamphlet 8by order of0--a fact which cannot be proved--there is a #ajj percent probability1 taking the typhus manuscript 7,,no-#ehb1 ,pros4 ,ex4 #bhf7 as an example1 that in such a publication the question of artificially inflicting wounds on human bodies would not have been openly mentioned but would have been just as carefully veiled as was done in the manuscript concerning typhus treatment4 ,it is quite obvious1 though1 and even the prosecution will not dispute this1 that ,poppendick otherwise played no part whatever in the incendiary bomb experiments1 and had no contact with the authorities responsible for them1 such as the ,madaus ,works1 ,dr4 ,ding1 etc41 whereby he might have been informed of what was going on in ,buchenwald also in regard to those incendiary bomb experiments4 99 99 99 99 99 d4 ,evidence ,prosecution ,documents ,doc4 ,no4 ,pros4 ,ex4 ,no4 ,description of ,document ,page ,,no-#egi #bhh ,extracts from a report on the findings #fdd of #b ,january #aidd1 on a skin ointment--,r #ag--;for phosphorus burns4 ,,no-#ajhj ,a1 #bai ,a1 ,e1 ,f ,exposures of the witness ,maria #ija ,e1 ,f ,kusmierczuk who underwent sulfanilamide and bone experiments while an inmate of the ,ravensbrueck concentration camp4 7,see ,selections from the ,photographic ,evidence of the ,prosecution47 ,,no-#ajhb ,a1 #bad ,a1 ,c ,exposures of the witness ,jadwiga ,dzido #ijc ,c who underwent sulfanilamide and bone experiments while an inmate of the ,ravensbrueck concentration camp4 7,see ,selections from the ,photographic ,evidence of the ,prosecution47 ,defense ,documents ,doc4 ,no4 ,def4 ,ex4 ,no4 ,description of ,document ,mrugowsky ,mrugowsky ,ex4 ,extracts from the affidavit of ,udo von #fdg #aae #ajh ,woyrsch1 #c ,may #aidg1 concerning experiments on combating injuries due to phosphorus incendiary bombs4 ,testimony ,extract from the testimony of prosecution witness ,eugen ,kogon #fdh ,extract from the testimony of defendant ,mrugowsky #fea ,,partial ,,translation ,,of ,,document ,,no-#egi ,,prosecution ,,exhibit #bhh ,,extracts ,,from ,a ,,report ,,on ,,the ,,findings ,,of #b ,,january #aidd1 ,,on ,a ,,skin ,,ointment--,r #ag--;,,for ,,phosphorus ,,burns ,,experiments ,,on ,,animals 99 99 99 99 99 ,,experiments ,,on ,,human ,,beings ,i4 ,application of the phosphorus-caoutchouc mixture and immediate removal-- #a4 ,with ,r #ag4 #ai ,november4 ,the mixture was dropped on a smooth spot of skin on the forearm and immediately thereafter wiped off with a tampon dipped in ,r #ag4 ,r #ag quickly dissolved the phosphorus and the caoutchouc4 ,subsequent checks showed a complete cessation of phosphorescence4 ,the spot of skin showed an increased temperature until #ad ,december1 as the testers ascertained by placing the backs of their hands against it4 #b4 ,with ,cu,s,o#d4 #ai ,november4 ,the mixture1 which had been applied to a smooth spot of skin on the forearm1 was removed with a #b percent solution of copper-sulphate4 ,there appeared a blackish-brownish1 strongly viscous mass with a metallic sheen which1 when rubbed off1 spread over the entire experimentation area4 ,after an initial formation of black smoke 7phosphorus fumes7 and a strong glow1 the phosphorescence1 because of the formation of a copper-phosphate coating1 ceased almost immediately4 ,it seems to be possible that phosphorus1 if it comes in contact with small skin wounds1 is assimilated into the body by resorption4 ,this spot of skin likewise showed an increase in temperature until #ad ,december4 #c4 ,with water4 #ai ,november4 ,it was always possible to remove the mixture from the skin by water4 ,however1 in this case pronounced phosphorescence lasting several minutes and phosphorus fumes were to be observed4 ,,ii4 ,lighting of the phosphorus-caoutchouc mixture and treatment3 #a4 ,with ,r #ag4 a4 ,immediate ignition4 #be ,november4 ,the mixture was applied to a skin area of #f #c cm4 and immediately ignited4 ,after burning for #bj seconds1 it was extinguished with water and then wiped off with ,r #ag4 ,a burn appeared1 with a yellowish induration of the skin4 ,later a thin scab formed4 ,after #c days1 the wound was treated with liquid echinacine4 ,on #aa ,december the scab fell off2 the surface of the wound was dry and rosy red4 ,epithelium formed very rapidly2 on #ba ,december only #a_/e of the surface remained without epithelium4 ,on #bi ,december this spot too was almost healed4 #be ,november4 ,the mixture was applied to a skin area of the same size 7#f #c cm47 and immediately ignited4 ,it burned for #ee seconds until it went out by itself4 ,the burned spot was wiped off with ,r #ag4 ,there appeared a yellowish-brown burn which exhibited a cavity at the proximal end and a blister at the distal end4 ,an elastic scab formed4 ,on the fourth day the wound was treated with echinacine ointment4 ,thereupon1 on #c ,december1 the scab began to slough off2 on #aj ,december the wound was dry and closed2 on #ac ,december only the edge of the wound still showed a scab and the main part of the wound was covered with fine granulation4 ,the wound continued to become smaller until #bi ,december without healing over4 b4 ,ignition after #cj seconds4 #ai ,november4 ,the mixture was applied to #b sq4 cm4 of skin4 ,after #cj seconds it was ignited and after burning for #dj seconds it was wiped off with ,r #ag4 ,a dry burn appeared4 ,during the following days a small oedematous swelling developed4 ,the wound was treated with liquid echinacine4 ,thereafter1 the swelling subsided rapidly1 so that on #a ,december there remained a clear1 dry wound without necrosis4 ,subsequently to this a broad zone of epithelization formed and by #bi ,december the wound had healed with the exception of #j4e sq4 cm4 still lacking epithelium4 #ai ,november4 ,the mixture was again applied to #b sq4 cm4 of skin1 ignited after #cj seconds1 but treated with ,r #ag only after burning #fj seconds4 ,here too a dry burn appeared1 however with severe reddening and pain in the surrounding area4 ,the wound formed a necrotic coating4 ,on the third day it was treated with a #aj percent solution of cod-liver-oil ointment4 ,on #ai ,december it was circumscribed and dry4 ,a slow epithelization began4 ,later the wounded skin area became similar to the smooth surrounding area4 ,on #bi ,december the wound had not yet healed over4 c4 ,application to a piece of cloth covering the skin4 #be ,november4 ,the phosphorus-caoutchouc mixture1 applied to a piece of cloth covering the skin was ignited4 ,sixty-seven seconds elapsed before it had burned itself out4 ,the piece of cloth1 except for a small remainder1 was carbonized4 ,after it was wiped off with ,r #ag there appeared on skin a burn with a central blister which later developed to a thin1 elastic scab4 ,after #c days the wound was treated with echinacine ointment4 ,until #c ,december cleaning of the wound took place2 at this date it was dry1 rosy red1 and closed2 a fine granulation covered it4 ,thereupon rapid epithelization began4 ,on #bi ,december it was not yet healed over4 #b4 ,with ,cu,s,o#d4 a4 ,immediate ignition4 #be ,november4 ,the mixture was applied to a skin area of #f #c cm41 and immediately ignited4 ,after burning #bj seconds it was extinguished with water1 and then wiped off with copper-sulphate solution4 ,during this operation the entire epidermis separated from the area of the wound4 ,an oedematous swelling of the surrounding area1 #ab #ac cm4 in extent and a thick scab formed4 ,treatment took place with liquid echinacine4 ,on #g ,december the necrosis began to slough off1 and gradual epithelization took place4 ,on #ba ,december one-third of the area of the wound was still without epithelium 7cf4 ,,ii_/#a_/;a_/aa74 ,on #bi ,december the wound was healed over4 #be ,november4 ,the mixture was again applied to a skin area of #f #c cm4 and immediately ignited4 ,after it had burned itself out in #fj seconds1 the burned area was wiped off with copper-sulphate solution4 ,a brownish-grey burn with thickening of the skin appeared4 ,the thickening developed to a strong scab4 ,it was treated with a #aj-percent solution of cod-liver oil ointment4 ,the surrounding area remained very red and painful4 ,on #aj ,december a subcutaneous suppuration appeared at the edge of the wound4 ,consequently the treatment with cod-liver oil was replaced by liquid echinacine4 ,on #ac ,december the scab separated from the greater part of the wound1 but the surrounding area remained more inflamed than in the corresponding experiment with ,r #ag 7cf4 ,,ii_/#a_/;a_/bb74 ,the granulation was coarse and uneven4 ,on #bi ,december the wound was not yet healed over2 epithelization advanced only slowly4 b4 ,ignition after #cj seconds4 #ai ,november4 ,the phosphorus-caoutchouc mixture was applied to #b sq4 cm4 of skin and left there for #cj seconds2 then it was ignited and after burning for #fj seconds wiped off with copper-sulphate solution4 ,a brownish-black viscous mass formed2 the dry wound discolored to a blackish-grey4 ,thereupon a thick crust formed and a considerable oedematous swelling of the area surrounding the wound developed4 ,treatment took place with echinacine ointment4 ,the swelling subsided more slowly than in the treatment with ,r #ag 7cf4 ,,ii_/#a_/;b_/aa74 ,on #e ,december the wound was without necrosis1 with a wide zone of epithelization4 ,on #bi ,december it had healed over except for #a sq4 cm4 lacking in epithelium 7cf4 ,,ii_/#a_/;bb_/aa74 c4 ,application to a piece of cloth covering the skin4 #be ,november4 ,the skin was covered with a piece of cloth #f #c cm4 to which the mixture was applied and then ignited4 ,after it had burned itself out in #eg seconds there remained of the piece of cloth only small carbonized remnants4 ,after being wiped off with copper-sulphate solution a yellowish1 rather strong thickening of the skin appeared4 ,the wound was treated with a #aj-percent solution of cod-liver oil4 ,a few days later little blisters appeared1 which then dried up on #e ,december4 ,on #i ,december1 thickened1 shred-like necroses began to peel off1 and a dark red surface with rough1 uneven granulations developed4 ,the epithelization progressed only slowly4 ,on #bi ,december the wound was not yet healed over4 #c4 ,with water4 #ai ,november4 ,the mixture was applied to a #b sq4 cm4 of skin and ignited #cj seconds later4 ,after #de seconds the fire was extinguished with a damp cloth and the burned spot washed off with water4 ,a burn of parchment-like1 dry1 greenish-brownish appearance appeared4 ,the wound was treated with echinacine ointment4 ,on #c ,december it was clean1 dry1 and without necrosis4 ,on #e ,december the epithelization began1 which then made rapid strides1 so that on #bc ,december the wound1 in contrast to the treatment with a #aj-percent solution of cod-liver oil1 was considerably smaller4 ,on #bi ,december it was not yet healed over1 but was only half as large as the wound treated with a #aj-percent solution of cod-liver oil4 ,,partial ,,translation ,,of ,,mrugowsky ,,document #aae ,,mrugowsky ,,defense ,,exhibit #ajh ,,extracts ,,from ,,the ,,affidavit ,,of ,,udo ,,von ,,woyrsch1 #c ,,may #aidg1 ,,concerning ,,experiments ,,on ,,combating ,,injuries ,,due ,,to ,,phosphorus ,,incendiary ,,bombs 99 99 99 99 99 ,from #bj ,april #aidj to #ab ,february #aidg ,i was ,higher ,,ss and ,police ,leader in ,military ,district ,,iv and main district leader ,oberabschnittsfuehrer in ,dresden4 ,in this capacity ,i was responsible for measures counteracting the damage caused by the air war4 ,i knew ,dr4 ,hans ,madaus1 co-partner of the firm ,dr4 ,madaus ,co41 in ,dresden4 ,he told me that experiments on the combating of injuries caused by phosphorus incendiary bombs were being carried on in his laboratory with rabbits4 ,on the occasion of an inspection of the whole pharmaceutical lay-out of the firm1 ,i inspected1 at his suggestion1 in particular numerous hothouses and also the above-mentioned experiments4 ,as far as ,i remember ,i inspected the experiments once again at a later date--at that time ,i called in ,dr4 ,kirchert as medical expert1 who was the physician of the ,higher ,,ss and ,police ,leader4 ,the experiments seemed to me to be so successful that ,i reported about them to ,reich ,physician ,,ss and ,police ,dr4 ,grawitz2 that is1 ,i called his attention to these experiments on the combating of injuries caused by phosphorus incendiary bombs1 which in my opinion were particularly successful4 99 99 99 99 99 ,i do not remember ,dr4 ,ding1 who1 as ,i have learned only now1 is supposed to have carried on experiments in ,buchenwald with the preparation of the ,madaus firm4 ,it is possible that when visiting ,dresden he paid a brief visit to me with ,kirchert4 ,but ,i do not recall such a visit4 ,i want to emphasize that the experiments at the ,madaus firm made a big impression upon me1 because ,i saw that the rabbits used in those experiments were treated very well4 ,the content of the phosphorus incendiary bombs which was rubbed onto their skins and then wiped off with preparation ,r #ag did not seem to cause any kind of pain to the animals1 because after they were returned to their cage1 immediately after the experiments1 they immediately ate again and did not show any signs of discomfort4 ,professor ,dr4 ,joachim ,mrugowsky is personally known to me4 ,he was not mentioned in any way nor did he participate in the matter of incendiary bombs4 ,since ,i know him1 ,i would certainly remember if he had participated in any way at all or if his name had been mentioned4 ,dr4 ,helmut ,poppendick has also never been mentioned in any way in connection with this matter4 99 99 99 99 99 ,,extracts ,,from ,,the ,,testimony ,,of ,,prosecution ,,witness ,,eugen ,,kogon#gb ,,direct ,,examination 99 99 99 99 99 ,,mr4 ,,mchaney3 ,witness1 ,i had just asked you whether or not you know anything about experiments conducted at ,buchenwald with the phosphorous content of incendiary bombs4 ,,witness ,,kogon3 99 99 99 ,as far as ,i can recall1 ,i was told by ,dr4 ,ding in the spring of #aidd that he had been given orders by ,professor ,dr4 ,mrugowsky in collaboration with the firm of ,madaus ,co4 at ,dresden-,radebeul to carry out experiments on human beings with regard to the effect of a drug against the contents of phosphorous-caoutchouc incendiary bombs4 ,i had the impression that the idea for this experiment had come from ,dr4 ,ding and had been given to ,dr4 ,mrugowsky by him1 and then he had obtained permission to carry out this experiment4 ,on the part of the firm ,madaus1 negotiations were led by a certain ,dr4 ,koch4 ,he had a drug which he called ,r #ag and which was used by the ,german population after attacks in which incendiary bombs were dropped4 ,by way of ,obersturmbannfuehrer ,dr4 ,koch and the higher police leader of the ,dresden sector1 the contents of phosphorus incendiary bombs were sent to ,buchenwald1 and four experimental subjects from ,block #df1 who had survived other experiments1 had this phosphorus liquid applied to their forearms4 ,the whole mass was then ignited and was then treated in various manners4 ,in the case of one experimental subject1 water was used in order to wipe off the liquid1 and in other cases a damp rag was applied1 and in the last case ,r #ag was applied4 ,several experiments were carried out on these four subjects4 ,in one instance the drug ,r #ag was applied immediately after the mass had been ignited2 in another instance1 after approximately five minutes1 and in yet another case1 after thirty minutes4 ,after the mass had burned the arm1 serious burns developed which were observed for two weeks afterwards4 ,the experiment was conducted by the ,special ,section #e at ,leipzig1 and photographs were taken of the wounds4 ,previously experiments on animals had been carried out in ,block #dj on rabbits4 ,these experiments were conducted in the same manner1 and the various results were also photographed1 and the photographs were compared with each other4 ,then they were put into an album with exact descriptions and the results were sent to ,berlin--two copies4 ,one was sent to ,professor ,mrugowsky1 and the other was sent to ,oberfuehrer ,poppendick1 but ,i am not quite sure about that4 ,i believe that ,oberfuehrer ,poppendick must surely have received a report on this matter because ,dr4 ,ding intended to write an article about this in a ,german medical journal4 ,q4 ,now1 you have mentioned an album report4 ,did you see this report8 ,a4 ,i personally made the report after having it dictated to me by ,dr4 ,ding4 ,q4 ,i will ask you if the document which ,i will now have handed to you1 and which is ,document ,,no-#egi1 is the report on these incendiary bomb experiments which you have described4 ,,mr4 ,,mchaney3 ,i will ask that the original of this document be passed up to the ,tribunal4 ,i didn't hear any answer to the question4 ,a4 ,yes4 ,it is a carbon copy of the report with the original photographs4 ,,mr4 ,,mchaney3 ,i offer ,document ,,no-#egi as ,prosecution ,exhibit #bhh1 and ,i will ask that the original be passed up to the ,tribunal for inspection4 ,i will ask that the ,tribunal turn particularly to page #ae and following of the exhibit itself4 ,your ,honor1 ,i think you would find the pictures more easy to discern in the original document4 ,page #ae and following are pictures of burns on the arms of human beings4 ,witness1 did you see any of the experimental subjects who were burned with this phosphorus8 ,,witness ,,kogon3 ,i personally saw all the experimental subjects because this experiment was carried out in the private room of ,dr4 ,ding in ,block #ej and in the library of the ,hygiene ,institute in ,block #ej4 ,the reason for this was that the experiment in ,block #df among the experimental subjects that were located there1 and who were destined for other purposes1 would have caused far too much excitement4 ,q4 ,were these burns very severe8 ,a4 ,as far as ,i can recall they were very severe in three out of the four cases4 ,q4 ,did the experimental subjects suffer any pain8 ,a4 ,kapo ,arthur ,dietzsch had suggested that the subjects should be given an anesthetic as soon as they came into ,block #ej1 so that violent scenes could be avoided1 and in ,block #ej1 which was completely different from ,block #df1 having persons handcuffed1 as was the common practice in ,block #df1 was to be avoided4 ,it was like that at least in the first experiment1 but ,i only saw the subjects4 ,i did not personally witness the experiments1 and ,i saw the subjects before as well as afterwards4 ,during the first experiment at least1 the subjects were given an anesthetic1 and after about half an hour they regained consciousness and complained of very severe pains4 ,you could see that they were really suffering very badly4 ,i must confess that ,i personally1 after having looked at the photographs1 almost became sick4 ,q4 ,do you know whether the injuries which they received are permanent8 ,a4 ,in the case of some of the wounds1 it is completely impossible that they will ever become completely healed2 very deep scars must have remained because the wounds were big and were as deep as two or two and a half centimeters4 ,q4 ,do you know whether any of the experimental subjects died8 ,a4 ,four persons were returned to ,block #df1 and ,i do not know anything about the future fate which awaited them there4 ,i especially do not know if they were used for further experiments4 ,q4 ,do you know the nationality of the experimental persons used8 ,a4 ,no4 ,however1 all four wore the green triangle to signify that they were habitual criminals1 and they were ,germans4 ,q4 ,and you state that the purpose of these experiments was to test certain chemical preparations of the ,madaus ,company in treating the burns4 ,a4 ,yes4 99 99 99 99 99 ,,extract ,,from ,,the ,,testimony ,,of ,,defendant ,,mrugowsky#gc ,,direct ,,examination 99 99 99 99 99 ,,dr4 ,,flemming3 ,now1 ,i come to the incendiary bomb experiments4 ,dr4 ,kogon during his testimony frequently spoke of an experiment by ,dr4 ,ding with a phosphorus-caoutchouc incendiary bomb1 and he said that you ordered this experiment4 ,,defendant ,,mrugowsky3 ,i did not know who ordered this experiment4 ,i found out about it only from the report which was drawn up after the experiment had been terminated4 ,this report has been put in evidence here as a document4 ,from this it can be seen that animal experiments were also carried out4 ,i assume that these were not performed in ,block #df1 but in ,block #ej1 which was under my supervision4 ,i went with the report to ,grawitz and asked him if he knew any more about this matter4 ,i asked him if ,i was correct in my assumption that some of the experiments took place in ,block #ej and if so1 to tell ,dr4 ,ding in future to confine himself to his ,block #df in such matters1 which was directly under ,grawitz4 ,grawitz answered thereupon that it did not make any difference one way or the other1 and ,i should not be so fussy4 ,i also know that after a few weeks ,ding was looking for this report and called me up and asked me if ,i had it4 ,i no longer had it at that time as ,i had given it to ,grawitz1 and it was in his files where it belonged4 ,q4 ,kogon also testified that the experimental subjects had suffered serious pain and had incurred wounds from #b to #b4e centimeters deep1 which led to the formation of extensive scars4 ,i show you now ,document ,,no-#egi1 ,prosecution ,exhibit #bhh and ask you to comment on this document and ,dr4 ,kogon's testimony8 7,the document is handed to the witness47 ,a4 ,the first part of this document deals with the rabbit experiments4 ,in the second part1 however1 there are pictures of experiments on human beings4 ,these pictures show the place on the arm where the experiment was made4 ,kogon said that this burning was done in such a way that the mass of phosphorus was burning for quite awhile4 ,the document1 however1 proves exactly the contrary4 ,the length of time during which the matter was burning was not long1 but the period between the time when the mixture was applied and the time it was ignited was long2 that is possibly the reason for this misunderstanding4 ,moreover in the description of the individual cases1 it can be seen that already on #bi ,december1 in other words four days after the experiment1 the burn was almost healed1 or had greatly reduced in size4 ,in one case there was still an open wound of #j4e centimeter but there is no mention anywhere of any deeper wounds1 but only of purely superficial epidermal wounds4 ,there is constant mention of the fact that the wounds healed over nicely and in some cases the wound was completely healed four days after the experiments4 ,wounds #b centimeters deep1 or large scars could not have occurred and that testimony of ,kogon is false4 ,in this case let me point out that he was not speaking from his own knowledge4 ,during the first discussion of these incendiary bomb experiments1 he said he had seen the experimental subjects1 and then in the same interrogation he later says this was not the case4 ,in other words1 he is reporting what he has heard and not what he knows at first hand4 ,q4 ,i am submitting to the ,tribunal ,mrugowsky #ef1 and it will be ,mrugowsky ,exhibit #ej4 ,i should like to read from page two3 8,treatment of phosphorus burns with #8,r #ag4' 8,the dropping of phosphorus incendiary bombs made it necessary to find an adequate method of treatment4 ,as the copper-sulphate solution hitherto in use did not give satisfactory results1 the firm of ,dr4 ,madaus in ,dresden looked for a different solvent and produced a liquid carbon tetrachloride which was called #8,r #ag4' ,the efficacy of ,r #ag had been proved by means of experiments on rabbits carried out by the firm of ,dr4 ,madaus4 8,after the completion of these rabbit tests1 ,dr4 ,madaus asked the ,higher ,,ss and ,police ,leader von ,woyrsch1 ,dresden1 to come and see the tests4 ,as my emergency office was in the building of ,gruppenfuehrer von ,woyrsch1 he asked me to accompany him to the firm of ,madaus in my capacity as a doctor and to watch these tests4 ,that was in the autumn of #aidc4 ,at the request of ,gruppenfuehrer von ,woyrsch and the firm of ,madaus1 ,i reported to the ,reich ,physician ,,ss and ,police the results achieved by the firm of ,madaus in the treatment of phosphorus burns and suggested that the drug ,r #ag be made known to the air-raid precaution dispensaries4 ,grawitz promised to have another test made4 8,some time afterward he sent ,dr4 ,ding to ,dresden for this purpose in his capacity as health expert1 and instructed me to make arrangements for ,ding to see the results achieved there1 by the firm of ,madaus1 with ,r #ag4 ,i arranged this4 ,ding came to ,dresden and saw the above-mentioned tests in my presence1 on the premises of the ,madaus firm4 ,afterward he declared that1 on the orders of the ,reich ,physician ,,ss in ,buchenwald1 he would also test the efficacy of the drug on rabbits4 ,he requested the firm of ,madaus to put the drug ,r #ag at his disposal4 ,immediately after inspecting the firm of ,madaus he left ,dresden4 8,i also know that ,dr4 ,ding asked the office of the ,higher ,,ss and ,police ,leader to procure for him the filling of an ,english incendiary bomb1 which as far as ,i know was done through the ,commissioner of the ,police of ,leipzig4 ,dr4 ,ding had the drug ,r #ag and the incendiary bomb collected4 8,i also know that ,ding made a report on his experiments4 ,i know this because ,dr4 ,ding asked my office in ,dresden several times1 in writing and by telephone1 if they had this report1 as he could not find it4 ,it was supposed to be a report with photographs4 ,i do not know if the report went through my office1 as ,i was in ,dresden only one day a week4 ,at the time when ,ding was looking for the report it was not in my office4 ,i assume1 therefore1 that he sent it direct to the firm of ,madaus1 as they were interested in the results of his test4 8,when1 after a considerable time1 ,i still had not heard from the ,reich ,physician whether the drug ,r #ag was to be made known to the air-raid precaution dispensaries1 ,i asked the ,reich ,physician about it at a meeting4 ,he then declared that the drug would not be introduced1 as it only possessed phosphorus-dissolving properties1 but did not directly contribute to the healing of the burns4 ,however1 a drug was in preparation elsewhere that combined both qualities and this would be introduced40 ,i submit further the last paragraph of ,dr4 ,morgen's affidavit4 7,mrugowsky #bc1 ,mrugowsky ,ex4 #bf47 ,dr4 ,morgen says here3 8,while ,i was making observations in ,block #df ,i paid repeated surprise visits in order to inspect the running of the ,block4 ,once1 when ,i paid a surprise visit to ,block #df1 examinations on the treatment of wounds caused by phosphorus incendiaries were being carried out4 8,as ,i arrived a big strong prisoner came into the room laughing4 ,on each of his two upper arms there were applied on a space about #a centimeter wide and #e centimeters long1 some parts of the contents of a phosphorus incendiary bomb4 ,these spots on both upper arms were treated with various ointments4 ,during the discussion with ,dr4 ,ding ,i was informed that the experimental persons volunteered for the experiment4 ,they received the diet for sick persons1 a packet of cigarettes1 and for one month they did not have to work4 ,in the case of the inmate whose treatment ,i witnessed by chance1 ,i had the definite impression that he was a volunteer40 99 99 99 99 99 ----- #ga ,united ,states vs4 ,oswald ,pohl1 et al4 ,see ,vol4 ,v4 #gb ,complete testimony is recorded in mimeographed transcript1 #f1 #g1 #h ,jan #aidg1 pp4 #aaej-abij4 #gc ,complete testimony is recorded in mimeographed transcript1 #bg1 #bh1 #ca ,march and #b1 #c ,april #aidg1 pp4 #ejjj-ebdd1 #eccd-edfd4 #ab4 ,,phlegmon ,,experiments a4 ,introduction ,the prosecution introduced evidence calculated to show that inhumane acts and atrocities1 as generally alleged in paragraph #f of the indictment1 were committed in the course of phlegmon experiments4 ,these experiments were not specifically described in the subparagraphs of paragraph #f of the indictment which particularized #ab specific types of experimentation4 ,on this charge the defendants ,poppendick1 ,oberheuser1 and ,fischer were acquitted4 ,the prosecution's summation of the evidence on the phlegmon experiments is contained in its closing brief against the defendant ,gebhardt4 ,an extract from this brief is set forth below on pages #fed to #fee4 ,a corresponding summation of the evidence by the defense on these experiments has been selected from the final plea for defendant ,gebhardt4 ,it appears below on pages #fee to #feg4 ,this argumentation is followed by selections from the evidence on pages #feg to #ffi4 b4 ,selection from the ,argumentation of the ,prosecution ,,extract ,,from ,,the ,,closing ,,brief ,,against ,,defendant ,,gebhardt 99 99 99 99 99 ,sepsis 7,phlegmon7 ,experiments ,sepsis experiments were performed in the ,dachau concentration camp beginning in the autumn of #aidb4 ,these experiments were carried out in order to test the effectiveness of biochemical treatment of sepsis and related diseases4 ,the witness ,stoehr testified concerning these experiments4 ,he stated that sepsis was artificially provoked by infecting with pus the concentration camp inmates who were used as subjects4 7,tr4 pp4 #egh1 #egi47 ,he knew of at least two series of experiments4 ,in each of these series approximately half of the experimental inmates were treated by biochemical means and the other half with sulfanilamide4 ,the first series consisted of #bj ,german concentration camp inmates of whom seven died as a result4 ,for the second series1 #dj clergymen of various nationalities were selected and #ab died as a result of the experiments4 7,tr4 pp4 #eha1 #ehb47 ,the experimental subjects did not volunteer4 7,tr4 p4 #eij47 ,see also the ,review of ,proceedings of the ,general ,military ,court in the case of the ,united ,states vs4 ,weiss1 et al4 7,,no-#hef1 ,pros4 ,ex4 #abe47 ,it is quite clear that the biochemical experiments performed in ,dachau were complementary to the sulfanilamide experiments by ,gebhardt in ,ravensbrueck4 ,this is shown by the fact that in ,september #aidb1 while the sulfanilamide experiments were still in progress1 ,gebhardt received a copy of a report on the biochemical experiments in ,dachau from ,grawitz4 7,,no-#dji1 ,pros4 ,ex4 #bdi47 ,this report shows on its face that approximately eight cases of sepsis were artificially provoked4 ,the report dealt with the results obtained from experiments carried out on #dj concentration camp inmates in treating sepsis1 phlegmon1 furuncles1 abcesses1 and nephrosis1 among others4 ,ten of the experimental subjects died4 ,the report also covered three sepsis cases in ,auschwitz1 all of whom died4 ,it concluded with the statement that the experiments were being continued4 ,the case history of one of the experimental subjects artificially infected with pus in ,november #aidb shows the horrible pain which these victims suffered4 7,,no-#iid1 ,pros4 ,ex4 #bea47 ,that the defendants ,gebhardt and ,fischer had more than a casual connection with the sepsis experiments in ,dachau is proved by a handwritten notation by ,gebhardt on a letter written by ,grawitz to ,himmler on #g ,september #aidb1 attaching copies of the preliminary report by ,gebhardt on his sulfanilamide experiments1 together with the report on the sepsis experiments in ,dachau4 7,,no-#bgcd1 ,pros4 ,ex4 #dgc47 ,this note reads as follows3 8#af ,september #aidb4 ,settled1 after conversation with ,reich ,leader ,,ss4 ,obersturmfuehrer ,f4 ,fischer has been given new instructions for ,ravensbrueck and ,dachau4 ,gebhardt40 ,emphasis supplied4 c4 ,selection from the ,argumentation of the ,defense ,,extract ,,from ,,the ,,final ,,plea ,,for ,,defendant ,,gebhardt#gd 99 99 99 99 99 ,phlegmon ,experiments ,in the course of the hearing of the evidence1 the prosecution submitted documents and interrogated witnesses with the intention of proving that apart from other medical experiments1 experiments were also carried out on the treatment of phlegmon4 ,in the indictment itself these experiments1 which were carried out at ,dachau1 are not mentioned4 ,in view of ,article ,,iv of the ,ordinance of ,military ,government for ,germany1 which expressly states that the indictment should list the counts in sufficient detail1 it must be assumed that in this case a properly made charge does not exist4 ,as far as the participation of the defendant ,gebhardt is concerned1 the documents submitted by the prosecution show by themselves that he had nothing to do with the execution of these experiments4 ,it was only later that he learned of the experiments carried out at ,dachau1 as unequivocally proved by the letter of ,reich ,physician ,,ss ,dr4 ,grawitz to ,reich ,leader ,,ss ,himmler of #bi ,august #aidb1 referring to the biochemical treatment of sepsis1 which was submitted by the prosecution as ,,no-#dji1 ,prosecution ,exhibit #bdi4 ,the defendant ,gebhardt learned of these experiments on #c ,september #aidb1 on the occasion of the visit of ,reich ,physician ,,ss ,dr4 ,grawitz to ,ravensbrueck in connection with the sulfanilamide experiments in this camp4 ,the defendant ,gebhardt wrote on the margin of this document the remark 8seen and read04 ,this remark alone shows that he could only have learned subsequently of these experiments1 and especially that he did not approve of them4 ,if it had been the contrary1 he certainly would have made some other notation on the document1 as for instance1 8agreed01 or else he would have shown his approval in a similar way4 ,on the witness stand the defendant ,gebhardt explained in detail to the ,tribunal what his opinion of these experiments was4 ,these experiments demonstrate unequivocally that they were deliberately initiated in ignorance of1 and in contradiction to1 the recognized rules of orthodox medicine4 ,as also demonstrated by the evidence the ,reich ,leader ,,ss ,himmler did not conform to orthodox medicine but wanted to promote independently one patent solution out of a variety of suggestions and opinions4 ,nearest to his conception1 beside his inclination towards theories of biological selection1 were biochemistry1 homeopathy1 and mesmerism1 i4 e41 those schools of medicine which1 contrary to the theories of orthodox medicine do not combat certain symptoms of a disease but by means of the so-called stimulation theory want to bring about a change of the general physical disposition4 ,the defendant ,gebhardt1 when on the witness stand1 clearly explained this attitude of ,himmler1 which among other things resulted in rejection of any criticism by orthodox medicine1 relying exclusively on his biochemical experts4 ,the evidence1 however1 has further shown that after having learned of the letter of ,reich ,physician ,,ss ,grawitz of #bi ,august #aidb 7,,no-#dji1 ,pros4 ,ex4 #bdi7 and with the object of convincing ,himmler of the futility of these experiments1 the defendant ,gebhardt himself performed experiments on patients with these biochemical remedies in his clinic at ,hohenlychen1 and that he succeeded in convincing ,himmler of the inefficacy of these remedies4 ,in this connection ,i refer to the statements of the defendant ,gebhardt himself and to the affidavits of ,dr4 ,jaedicke and ,dr4 ,brunner1 which ,i submitted to the ,tribunal4 ,when examining the legal conclusions which can be drawn from the facts presented above1 we may arrive at the following results3 ,the defendant ,gebhardt did not commit any act which had any causative connection with these experiments4 ,he learned about these experiments only after the event1 and then he did everything in his power to prevent further experiments of this kind4 ,the prosecution was not able to produce evidence that such experiments had been carried out at all after #c ,september #aidb4 ,all this proves that in view of the missing causal connection and absence of premeditation there cannot be any question of criminal action on the part of the defendant ,gebhardt4 ,it is acknowledged in the criminal law of all civilized nations that knowledge acquired after events is not sufficient to prove the existence of a criminal action4 99 99 99 99 99 d4 ,evidence ,prosecution ,documents ,doc4 ,no4 ,pros4 ,ex4 ,description of ,document ,page ,no4 ,,no-#dji #bdi ,report from ,grawitz to ,himmler1 #bi ,august #feg #aidb1 concerning experiments with biochemical remedies conducted at the ,dachau and ,auschwitz concentration camps4 ,,no-#bgcd #dgc ,extracts of letter from ,grawitz to ,himmler1 #g #ffj ,september #aidb1 and report on gas gangrene experiments4 ,testimony ,extract from the testimony of prosecution witness ,heinrich ,w4 ,stoehr #ffd ,extract from the testimony of defendant ,gebhardt #ffg ,,translation ,,of ,,document ,,no-#dji ,,prosecution ,,exhibit #bdi ,,report ,,from ,,grawitz ,,to ,,himmler1 #bi ,,august #aidb1 ,,concerning ,,experiments ,,with ,,biochemical ,,remedies ,,conducted ,,at ,,the ,,dachau ,,and ,,auschwitz ,,concentration ,,camps ,the ,reich ,leader ,,ss ,berlin ,w #ae1 #bi ,august #aidb ,reich ,physician ,,ss and ,police ,knesebeckstr4 #ej_/ea ,telephone3 #ibdbdi4ibdcea4ibdcgc4 ,stamp #ibddjf ,personal ,staff ,az43 #gch_/;,,iv_/#db ,reich ,leader ,,ss ,g #bac ,subject3 ,biochemical treatment of sepsis1 etc41 with biochemical remedies4 ,to the ,reich ,leader ,,ss ,h4 ,himmler ,berlin ,,sw #aa ,prinz ,albrechtstrasse #h ,reich ,leader1 ,with regard to previous results of biochemical treatment of sepsis and other cases of illness1 ,i beg to submit the following provisional report4 #a4 ,the following #dj cases were treated with biochemical remedies in the ,,ss hospital ,dachau in the time mentioned in the report4 ,besides septic processes1 such diseases were treated where a decisive change for the better should be achieved by means of biochemistry4 ,phlegmonous-purulent processes #ag ,sepsis #h ,furuncles and abscesses #b ,infected operational incisions #a ,malaria #e ,pleural empyema #c ,septic endocarditis #a ,nephrosis #a ,chronic sciatica #a ,gall stones #a ,according to the indications of the biochemistry applied to the different cases1 we used the following remedies3 ,potassium phosphoricum ,d#f ,ferrum phosphoricum ,d#f and ,d#ab ,silicea ,d#f ,sodium muraticum ,d#f ,calcium phosphoricum ,d#f ,sodium sulfuricum ,d#f ,magnesium phosphoricum ,d#f ,sodium phosphoricum ,d#f ,calcium fluoratum ,d#f ,the cases of sepsis were mostly artificially provoked4 ,up to now we found that the unfavorable course of the severe cases could scarcely be stopped by means of biochemical remedies4 ,all sepsis cases died4 ,the malaria cases were not influenced by it4 ,the cases of extended purulent processes1 with development of abscesses1 the pleuralempyeata1 the septic endocarditis1 the nephrosis1 the chronic sciatica and the gall stones showed no definite influence from biochemical treatment4 ,insofar as they were conducted with positive results1 they did not show a different result from the ones where1 according to medical experience1 patients were restricted to staying in bed without receiving any special treatment4 ,the impression of a favorable effect on morbid cases of sickness by biochemical means proved to be satisfactory in five cases only1 four of which were comparatively slight4 ,the fifth case involved a #ag-;day-old child with severe furunculosis4 ,in this case an improvement set in only a few days after treatment had been applied4 ,however1 an error occurred in the experimental procedure1 for at the beginning of the treatment a sulfanilamide preparation was used4 ,the strong formation of pus1 clearly noticeable in a few cases1 is perhaps due to the biochemical remedies applied4 ,the doses of sugar1 which were frequently given and mainly consisted of pure milk sugar in the form of biochemical tablets1 probably promoted the effect4 ,experiments for orientation are to be made4 ,in a case of a joint mould the antiseptic potassium phosphoricum ,d #f was given as a prophylactic because the incision of the operation was greatly endangered by infection4 ,in spite of that1 the temperature rose to #ci on the following day4 ,consequently1 the biochemical treatment could not prevent appearance or breaking-out of an infection1 although potassium phosphoricum ,d #f was given immediately and intensively4 ,it is also to be noted that very soon all the seriously ill cases flatly refused to take biochemical tablets1 because it meant torture to them to take the tablets every #e minutes1 even at night4 ,finally it must be said that from a total number of #dj cases there are #a positive case and #d positive cases with certain reservations1 against #ce failures1 of which #aj ended fatally4 ,the experiments in ,dachau are being continued4 ,besides the hitherto existing program1 special attention is directed to research of twin cases in similar conditions1 of which one will receive an allopathical1 the second a biochemical treatment4 ,marginal note4 ,seen at ,ravensbrueck #c-i-aidb1 ,signature ,k4 ,,gebhardt #b4 ,in the concentration camp of ,auschwitz1 three typical cases of sepsis1 which developed from phlegmons1 were treated--according to prescription--with potassium phosphoricum ,d #d4 ,in none of these cases a therapeutical influence on the progress of the disease could be observed4 ,all #c cases ended fatally4 ,the experiments are being continued4 ,signature ,,grawitz ,,translation ,,of ,,document ,,no-#bgcd ,,prosecution ,,exhibit #dgc ,,extracts ,,of ,,letter ,,from ,,grawitz ,,to ,,himmler1 #g ,,september #aidb1 ,,and ,,report ,,on ,,gas ,,gangrene ,,experiments ,the ,reich ,leader ,,ss ,berlin1 ,w #ae1 #g ,september #aidb ,reichsarzt ,,ss and ,police ,knesebeckstrasse #ej_/ea ,telephone3 #ibdbdi4 #ibdcea4 ,rubber stamp #ibdcgc4 #ibddjf 7,personal ,staff ,reich ,leader ,,ss ,file ,no4 #gdh_/;,,iv_/#db ,archives7 7,file ,no4 ,,ar_/#ca_/ac7 ,signature ,,gebhardt ,subject3 #a4 ,experiments by ,,ss ,brigadefuehrer ,gebhardt on the ,combating of ,gas ,gangrene4 #b4 ,experiments on the ,treatment of ,sepsis by ,biochemistry4 ,enclosures3 -#b-,x ,to the ,reich ,leader ,,ss ,h4 ,himmler ,berlin ,reich ,leader3 ,attached please find a provisional report by ,,ss ,brigadefuehrer ,professor ,dr4 ,gebhardt on his clinical-surgical experiments at ,ravensbrueck concentration camp1 furthermore a concluding provisional report on experiments on the biochemical treatment of sepsis as performed at ,dachau concentration camp4 ,signature ,,grawitz ,rubber stamp ,handwritten #af ,september #aidb ,personal ,staff ,,rf-,,ss ,enclosures ,settled1 after conversation with ,in3 #i ,september #aidb ,,rf-,,ss4 ,obersturmfuehrer ,f4 ,journal ,no4 ,,ar_/#dj_/g_/db #b ,fischer has been given new 8 ,,rf instructions for ,ravensbrueck and ,dachau4 ,signature ,,gebhardt ,copy6 ,rubber stamp 7,personal ,staff ,reich ,leader ,,ss ,archives7 7,file ,no4 ,,ar_/#ca_/ac7 ,professor ,dr4 ,k4 ,gebhardt ,,ss ,brigadefuehrer and ,brigadier ,general of the ,waffen ,,ss ,to the ,reichsarzt ,,ss ,gruppenfuehrer ,grawitz ,provisional ,report on ,clinical ,experiments at ,ravensbrueck ,concentration ,camp for ,women ,by order of the ,reich ,leader ,,ss1 ,i started on #bj ,july #aidb at ,ravensbrueck concentration camp for women on a series of clinical experiments with the aim of analyzing the sickness known as gas gangrene1 which does not take a uniform course1 and of testing the efficacy of the known therapeutic medicaments4 ,in addition1 the simple infections of injuries which occur as symptoms of war surgery had also to be tested1 and a new chemo-therapeutic treatment apart from the known surgical measures had to be tried out4 99 99 99 99 99 ,i appointed ,,ss ,obersturmfuehrer ,dr4 ,fischer as co-worker4 ,,ss ,oberfuehrer ,dr4 ,blumenrent put the complete surgical instruments and medicaments at my disposal4 ,,ss ,standartenfuehrer ,mrugowsky put his laboratory and co-workers at my disposal4 ,,ss ,obersturmbannfuehrer ,dr4 ,lolling1 ,chief of ,office ,,iiid at ,oranienburg1 assigned as co-workers3 ,,ss ,obersturmfuehrer ,dr4 ,schiedlausky1 garrison-physician at ,ravensbrueck concentration camp for women1 and ,fraeulein ,dr4 ,oberheuser1 camp physician at ,ravensbrueck concentration camp for women4 99 99 99 99 99 ,the question was to define firstly1 by way of a preliminary experiment1 the mode of infection1 making use of the known results from experiments upon animals4 ,in these questions ,i was advised by ,,ss leaders of the ,hygienic ,institute of the ,waffen ,,ss who had taken over the culture and dosage of the inoculation material4 ,the point was to implant the lymph cultures on the damaged muscle tissue1 to isolate the latter from atmospheric and humoral oxygen supply1 and to subject it to internal tissue pressure4 ,the inoculation procedure was as follows3 a longitudinal cut of #aj centimeters over the musculus peroneus longus2 after incision into the fascia the muscle was tied up with the forceps in an area the size of a five mark piece2 an anaemic peripheral zone was created by injection of #c cc4 adrenalin and in the area of the damaged muscle the inoculation material 7a gauze strip saturated with bacterii7 was imbedded under the fascia1 subcutaneous adipose tissue1 and skin sutured in layers4 ,in the first series of experiments 7preliminary experiments71 three selected prisoners of as much the same constitution as possible were used4 ,they were inoculated as follows3 ,the first3 ,aerobic mixculture 7staphylococci1 streptococci1 bact4 comm4 try4 a #e ,mil74 ,the second3 ,para ,oedema ,malignum1 sarc1 flav4 #d4e mg4 ,the third3 ,bact4 ,fraenkel and earth4 ,stimulus #d4e mg4 ,the experiment was concluded after #aj days4 ,after an initial local swelling in the inoculation area and an increase in temperature up to #ci degrees1 the inflammation died down1 the wound having broken open on the fourth day4 ,there was no danger to the life of any of the prisoners4 ,we succeeded in producing locally the symptoms of gas gangrene in the third prisoner4 ,after #bj days the prisoners were released again to their working blocks4 ,the course of the preliminary series of experiments had proved that we were not successful in producing the same symptoms as of clinical gas gangrene4 ,in a conference with the ,hygiene ,institute of the ,waffen ,,ss the nature of the infection and the conditions for the germs were not considered to be equivalent to the natural conditions in war surgery and consequently the experimental arrangements were varied4 ,bacterium coli were added to the acrobe culture and the germ number was increased to #bj millions4 ,bacterium coli and dextrose were added to the mixture of para oedema malignum4 ,bacterium coli were added to the gas gangrene culture by ,fraenkel1 and while doubling the number of germs1 earth was administered to produce a similar environment4 ,six selected youthful prisoners were inoculated two by two with the above mixture of bacteria in the subsequent first experimental series4 ,one of them remained untreated for control purposes1 the other one was powdered with cataxyn wound powder immediately after the inoculation4 ,the first change of dressing took place #c days afterwards1 the following each second day4 ,those who remained without treatment were covered with sterile layers1 those treated with cataxyn 7indicated in the graphs as ,,tk-cases7 were continuously powdered with cataxyn4 ,the aerobe cultures in both cases showed local abscesses which could be easily treated surgically4 ,the para oedema malignum inoculation produced a local inflammation with central suppuration1 small formation of necrosis in the depth and moderate emphysem of the skin4 ,the regional lymphatic glands were not affected4 ,those prisoners who were infected with ,fraenkel's gas gangrene1 and who immediately received tetanus-antitoxin for the administered earth1 produced by far the strongest inflammatory reaction3 abscesses with deep necrosis in the area of the inoculation1 emphysem of the skin with formation of blisters1 and beginning necrosis collateral oedema extending from above the joint of the knee to the lower third of the thigh as far as the back of the foot4 ,the inflammatory appearances receded considerably after the opening of the injury on the first dressing day4 ,the effect of the opening of the wound was particularly significant in the ,,tk-cases which started inflammations in spite of simultaneous therapy4 ,greater pressure of the tissue due to oxygen1 liberated by the medicament1 was considered to be the reason for the accentuated local inflammation4 ,comparing nontreated cases with the ,,tk-cases1 the final critical observation shows3 #a4 ,immediate therapy does not prevent the occurrence either of an ordinary suppuration or of a 8gangrene04 #b4 ,the cleaning of the wound is faster in ,,tk-cases than in control cases4 #c4 ,the formation of fresh wound granulations occurs earlier with cataxyn4 #d4 ,the part played by the paranchymatic organs 7liver1 kidneys7 is less important under the influence of cataxyn4 ,since in this experiment too definite gangrene could be produced clinically speaking1 yet its picture did not in any way correspond to the one known in war surgery2 after further consultation with the collaborators in the ,hygiene ,institute of the ,waffen ,,ss1 the vaccine was changed by adding wood shavings4 ,it is known in bacteriological literature that the virulence of the bacteria in the experimental animal can thereby be considerably increased4 ,the triple distribution was reserved for the second series of experiments now in progress4 ,three prisoners in each group were inoculated4 ,one person was left without treatment as control1 the second was treated with cataxyn as before1 and with the third the ,marfanilprontalbin powder manufactured by ,i4 ,g4 ,farben was employed1 since this was strongly recommended by the ,army ,medical ,inspectorate4 ,the powder was applied according to the ,schmick procedure4 ,this experiment is still in progress4 ,even if as yet nothing definite can be said about this series of experiments it can already be stated that-- #a4 there is no decisive difference between cases which are treated and those which are not treated1 #b4 that opening the wound1 in addition to immobilization1 has proved the most effective means of controlling the inflammation1 #c4 the effect of the ,,mp powder seems at least doubtful1 since in the ,,iii ,,tm case the most definite gangrene observed up to now has developed4 ,we are now investigating the problem as to why the gangrene in the present case did not fully develop4 ,therefore1 the injuring of the tissue and the exclusion of a muscle from the circulation of the blood were undertaken during a separate operating session1 and the large-scale necrosis resulting therefrom was to be inoculated with bacteria strain which had already had one human passage4 ,for it is only when the really definite clinical picture of the gangrene has appeared that conclusions may be drawn on therapy with chemo-therapeutics in connection with surgical operations4 ,signature ,,gebhardt ,,ss ,brigadefuehrer ,copy certified correct ,berlin1 #g ,september #aidb ,signature ,,poppendick ,,ss ,obersturmbannfuehrer 99 99 99 99 99 ,,extract ,,from ,,the ,,testimony ,,of ,,prosecution ,,witness ,,heinrich ,w4 ,,stoehr#ge ,,direct ,,examination 99 99 99 99 99 ,,mr4 ,,hardy3 ,witness1 did you ever hear of the sepsis or phlegmon experiments at the ,dachau concentration camp8 ,,witness ,,stoehr3 ,yes1 these experiments were conducted at my station4 ,q4 ,how did you gain your knowledge of these phlegmon experiments8 ,were you an observer8 ,were you an assisting nurse1 or by what way did you gain the knowledge you have of these phlegmon experiments8 ,a4 ,i was the nurse at that station4 ,one day1 ,i think it was in the late summer and fall of #aidc1 a certain ,sturmbannfuehrer ,schuetz came to me1 with a ,standartenfuehrer by the name of ,laue or ,lauer--,i am not quite sure which--and inspected the surgical department4 ,he was shown a number of patients4 ,we had to take their bandages off1 and he examined their wounds--or rather1 he just looked at them very superficially4 ,after that1 the chief physician of the concentration camp ,dachau1 ,dr4 ,walda1 was called in1 and he received the order to see to it that the patients received biochemical treatment for some time4 ,q4 ,witness1 will you kindly explain to the ,tribunal in what manner these phlegmon experiments were conducted2 that is1 the details of the experiments8 ,what did they do to the victim8 ,a4 ,mainly1 phlegmon was treated4 ,it was very general in the camp4 ,that is to say1 phlegmon was the typical camp disease4 ,the biochemical treatment was carried out in the following manner3 ,three similar cases were observed4 ,one of these cases was given allopathic treatment2 another biochemical1 and the third one received only ordinary surgical treatment4 ,that is1 the third one received no drugs whatsoever1 and the wound was treated in an ordinary way with bandages and so on4 ,these were the directives of the physicians who were there4 ,we saw on many occasions that the patient was cured much faster who received no drugs or injections4 ,experiments of that kind were conducted for many weeks1 and if ,i may as a layman make a judgment1 ,i must say that the physicians1 according to my observations1 were not satisfied with these experiments4 ,in addition1 ,i have to emphasize that not only wounds were treated according to these methods1 but internal diseases1 too4 ,they tried to find out whether biochemical treatment was suitable for treating the thirst for water1 which was so frequent in the camp4 ,we saw that the biochemical drugs had no influence whatsoever as to the cause of this illness4 ,i emphasize that ,i am speaking as a layman and that all these are my observations4 ,during the fall1 this ,sturmbannfuehrer ,dr4 ,schuetz told the camp doctor1 who was named ,babo1 to infect a number of people with pus4 ,we nurses were told nothing about that1 and we did not know the purpose4 ,these experiments were conducted on a group of men1 and they extended over a period of approximately six to seven weeks4 ,first a group of ,germans were infected with pus4 ,we nurses had no idea of the cause of the illness1 and we gave the patients the drugs that were ordered by the physicians4 ,i emphasize again that half of these people received allopathic and the other half biochemical treatment4 ,as nurses1 we could observe the following facts3 ,the patients who received allopathic treatment were cured much quicker1 that is1 if they had any power of resistance to their illness1 but the patients who had to take those pathological tablets1 if ,i remember correctly1 died with the exception of one person4 ,there were approximately #bj persons who1 at that time1 were infected4 ,the second group consisted of #dj clergymen of all nationalities and brothers of religious fraternities4 ,these patients were selected from the block where the clergymen were housed4 ,they were selected by the ,chief ,physician ,dr4 ,walda and were sent to the operational room of the concentration camp ,dachau4 ,they were operated on by ,dr4 ,schuetz and ,dr4 ,kieselwetter ,kieselwecker 787 ,i think that was his name--and these experiments were conducted on them4 ,a number of nurses1 and also the personnel of the operating room1 and ,i myself1 saw how the injections were made4 ,we were standing in the anteroom of the operating room4 ,q4 ,witness1 will you explain to the ,tribunal what the word 8phlegmon0 means8 ,a4 ,phlegmon1 as far as a layman can answer that question--means an inflammation of the tissues1 and in the camp of ,dachau phlegmons were very numerous because the people there were mostly sent to the hospital too late4 ,typical camp phlegmons1 as far as ,i know1 are caused by germs4 ,persons got phlegmons who suffered from lack of water4 ,q4 ,witness1 did you say that inmates were used for experiments in which they were injected with pus8 ,a4 ,yes4 ,q4 ,did you see these injections of pus being administered8 ,a4 ,yes4 ,q4 ,how were the inmates to be used for these experiments selected8 ,a4 ,i didn't understand your question4 ,q4 ,in what manner did they select the inmates to be used for these experiments which dealt with the injection of pus8 ,in other words1 how were they selected8 ,what type of prisoners8 ,what were their nationalities1 etc48 ,a4 ,they were #dj persons coming from the so-called clergymen block4 ,q4 ,were these inmates used for these experiments with injection of pus healthy inmates8 ,a4 ,completely healthy and strong men4 ,q4 ,you have told us that they had one group1 the first group1 of ten ,germans4 ,how many died in that group8 ,a4 ,i believe that the first group consisted of ten people of whom1 as far as ,i remember1 seven died4 ,q4 ,now1 you have told us of a second group of #dj clergymen4 ,how many died in that group8 ,a4 ,i have seen a list of the survivors1 and according to that list1 #ab clergymen1 or rather brothers1 must have died4 ,q4 ,were any prisoners of war used in these experiments8 ,a4 ,i don't know whether they were prisoners of war or not4 ,we could not tell the difference in the camp of ,dachau1 whether they were prisoners of war or not2 at least ,i could not4 ,q4 ,were the victims used in these experiments treated by medical doctors after they had been injected with pus8 ,a4 ,the operation was done by physicians4 ,q4 ,well1 after they had been infected with pus what kind of treatment was given to them8 ,a4 ,after the injection1 ,sturmbannfuehrer ,schuetz gave instructions to the nurses that one-half of them should receive allopathic and the other half biological treatment4 ,i emphasize that the group which received allopathic treatment had special drugs1 the so-called sulfanilamide drugs4 ,we had the impression that the physicians wanted to prove that the biological drugs were not suitable to cure such a severe disease4 ,q4 ,then you say1 ,witness1 that #ej percent were treated with sulfanilamide and the other #ej percent with biological medicants8 ,a4 ,yes4 ,q4 ,now1 after these injections with pus1 did abscesses develop on the inmate8 ,a4 ,the greater part of those who were treated biologically1 or rather1 all of them1 developed abscesses and very deep abscesses4 ,some of the persons who received allopathic and prophylactic treatment with sulfanilamide had no abscesses4 ,q4 ,did the inmates who endured this treatment suffer pain8 ,a4 ,yes4 ,q4 ,severe pain8 ,a4 ,as far as ,i know1 the pain was very severe4 99 99 99 99 99 ,,extract ,,from ,,the ,,testimony ,,of ,,defendant ,,gebhardt#gf ,,direct ,,examination 99 99 99 99 99 ,,dr4 ,,seidl3 ,the next document which ,i intend to submit to the witness is ,,no-#dji which has been submitted by the prosecution as ,exhibit #bdi4 ,it is a letter from ,reich ,physician ,,ss ,dr4 ,grawitz to the ,reich ,leader ,,ss ,himmler dated #bi ,august #aidb4 ,it refers to the biochemical treatment of sepsis4 ,this document came to your knowledge1 didn't it8 ,and this is shown by a comment you wrote3 8,seen at ,ravensbrueck on #c ,september #aidb4 7,signed7 ,,karl ,,gebhardt40 ,did you know beforehand about the performance of these experiments and did you agree with them8 ,,defendant ,,gebhardt3 ,i did not have any previous knowledge of these experiments1 and with regard to this document may ,i state somewhat more in detail what it shows8 ,this is a letter to ,himmler1 dated the end of ,august1 and signed by ,grawitz4 ,it was never mentioned that ,i was to receive this letter or that this letter was to be routed through me4 ,it does not have any note from me to the effect that ,i countersigned it1 or was in agreement with it1 in this form4 ,it was also not discussed in ,berlin or ,hohenlychen or in the headquarters1 but in ,ravensbrueck1 and1 in particular1 on #c ,september when this discussion took place between ,grawitz and me1 because of the second group of our sulfanilamide experiments4 ,grawitz1 who at that time came in order to show us that he was not in agreement1 as far as ,i can recall1 brought this letter and this description along from ,dachau4 ,we then discussed it in detail1 because on my part there were many reasons for raising the sharpest protest against it4 ,and1 may ,i point out how much can be seen from this document about how ,grawitz planned to publish experiments or to describe them1 in contrast to my procedure at the time4 ,under point 7#a7 it states1 8,,ss ,hospital1 ,dachau0 and it actually looks in general as though this were a hospital report4 ,and most of the case histories also speak in favor of that1 too4 ,for example1 the reference on page #c to a joint plastic1 certainly is a big operation which can only be performed in a hospital4 ,on the following page there is 8artificially induced sepsis40 ,on the second page1 8the cases of sepsis were mainly artificially induced40 ,then on the other side it is stated that in the fatalities there is no mention of the #h cases of sepsis that were artificially induced1 but of #aj4 ,i proved to ,grawitz1 especially on this page1 that the description he wanted to make of a camouflaged mixture of experiments and clinical results might later on be read by somebody superficially1 and he would come to the word 8artificially induced0 and would not be able to decide4 ,then there was a fundamental point with regard to all persons concerned4 ,this was the impracticability of performing an experiment in this establishment4 ,then on page #c it states that the drugs were to be taken every five minutes1 even at night4 ,at the time ,i didn't even think of giving the report to ,grawitz1 after ,i had found out about it by chance4 ,i wrote 8read0 in the margin and drew a logical conclusion with regard to ,himmler and ,grawitz4 ,in this connection ,i not only concluded ,grawitz' influence on our experiments1 but ,i also asked ,himmler how these biochemical experiments were brought about4 ,i request permission of the ,tribunal to permit me here to describe what ,himmler thought with regard to such experiments1 and to show1 therefore1 how impossible it was in certain cases1 in spite of obtaining knowledge1 to effect any change4 ,for a person who has studied school medicine it is impossible to believe that through the homeopathic administration of sulphur and phosphorus1 surgical case histories1 as well as internal case histories1 and metabolistic diseases can be influenced4 ,however1 in medicine one can1 of course1 take a completely different point of view1 and that is the basic conception of biochemistry up to homeopathy1 to which ,himmler completely adhered4 ,and here in two sentences we have described how all the elements which appear in nature also have traces in the human body4 ,now1 if one small trace of an element is lacking1 then the human being is susceptible to and suffering from some disease or other4 ,the therapy and method of treatment by the biochemist is the exact contrast of medicine as practiced by a person who has studied it at school4 ,they make test experiments on human beings and discover what element is lacking in that human being1 and no matter from what disease he is suffering1 the patient is treated with minimum doses of the element which he lacks4 ,never in the world has it been possible for a typical school practitioner and a biochemist to agree1 because they want to treat the human being completely in contrast to each other4 ,from this example you can see now that when ,i went to ,himmler and said that it was madness for not only an experiment to be performed on out-patients1 but that also simultaneously ten or twelve different cases should be treated with the same medicine1 when ,i told ,himmler this1 he said that he had one of the most experienced biochemists1 and a layman1 ,herr ,laue with him1 and that he was absolutely convinced that this method of treatment was correct4 ,himmler always attempted to discover old-fashioned popular remedies4 ,in spite of my objection and in spite of my proof that my own surgical patients would suffer from it1 these experiments were performed until ,i succeeded in bringing this ,dr4 ,laue and ,dr4 ,kieselwecker from ,marburg 7who enjoyed ,himmler's complete confidence on this question7 to ,hohenlychen4 ,there we performed a similar experiment together on my patients in order to show that this method of treatment was impossible4 ,but even in this way ,i was not able to achieve my purpose with ,himmler1 because afterwards it was said we had not applied the drugs properly1 and so on4 ,therefore1 one can conclude from this that it was not the case that ,himmler adhered to one certain medical concept1 and if one accidentally heard of an experiment1 one could convince him4 ,himmler maintained a hostile attitude toward school medicine1 and from nature cures to biochemistry he was accessible to every thought1 and when ,laue convinced him of the fact that this drug was of decisive importance1 then the experiment was performed4 ,may ,i state in this connection1 that the knowledge of this document had the following three results with me3 that ,grawitz1 who was ready to make compromises as is shown here1 did not allow anyone to tell him anything at all about the sulfanilamide question2 that ,i gave ,himmler clear knowledge of the false idea without being able to convince him because of his favorable attitude toward biochemistry2 and that the experiment would perhaps be discontinued1 mainly on account of subsequent examinations at ,hohenlychen4 ,i shall give evidence of this as soon as ,i receive the appropriate testimony of witnesses4 99 99 99 99 99 ----- #gd ,final plea is recorded in mimeographed transcript1 #ae ,july #aidg1 pp4 #ajhgd-ajiaj4 #ge ,complete testimony is recorded in mimeographed transcript1 #ag ,december #aidf1 pp4 #egd-eid4 #gf ,complete testimony is recorded in mimeographed transcript1 #d1 #e1 #f1 #g1 #aj ,march #aidg1 pp4 #ciha-dbef4 #ac4 ,,polygal ,,experiments a4 ,introduction ,the prosecution introduced evidence calculated to show that inhumane acts and atrocities1 as generally alleged in paragraph #f of the indictment1 were committed in the course of polygal experiments4 ,these experiments were not specifically described in the subparagraphs of paragraph #f of the indictment which particularized #ab specific types of experimentation4 ,on this charge the defendants ,handloser1 ,blome1 and ,poppendick were acquitted and only the defendant ,sievers was convicted4 ,the prosecution's summation of the evidence on the polygal experiments is contained in its closing brief against the defendant ,blome4 ,an extract from this brief is set forth below on pages #fgj to #fgb4 ,a corresponding summation of the evidence by the defense on these experiments has been selected from the closing brief for the defendant ,blome4 ,it appears below on pages #fgb to #fge4 ,this argumentation is followed by selections from the evidence on pages #fge to #fhc4 b4 ,selection from the ,argumentation of the ,prosecution ,,extract ,,from ,,the ,,closing ,,brief ,,against ,,defendant ,,blome 99 99 99 99 99 ,in order to test the effectiveness of a blood coagulant 8polygal10 ,rascher carried out experiments in which inmates of the ,dachau concentration camp were shot4 ,rascher's uncle1 in his affidavit1 describes the murderous experiments which were carried out by his nephew4 ,in ,august #aidc1 he visited ,rascher in ,dachau and1 while ,rascher was away from his office1 he saw a report which he describes as follows3 8,it refers to a report about the shooting 7execution7 of four people for the purpose of experimenting with the hemostatic preparation #8,polygal #aj4' ,as far as ,i remember they were a ,russian ,commissar and a cretin1 ,i do not remember who the other two were4 ,the ,russian was shot in the right shoulder from above by an ,,ss man who stood on a chair4 ,the bullet emerged near the spleen4 ,it was described how the ,russian twitched convulsively1 then sat down on a chair and died after about #bj minutes4 ,in the dissection protocol the rupture of the pulmonary vessels and the aorta was described4 ,it was further described that the ruptures were tamponed by hard blood clots4 ,that could have been the only explanation for the comparatively long span of life after the shot40 7,,no-#adbd1 ,pros4 ,ex4 #dfb47 ,this evidence is corroborated by the testimony of the witness ,stoehr 7,tr4 p4 #ehg7 and the affidavit of ,pohl 7,,no-#jfe1 ,pros4 ,ex4 #bba74 ,even the defendant ,gebhardt admitted1 during his testimony1 that he knew that ,rascher had carried out blood coagulation experiments on concentration camp inmates who had been shot for the purpose4 7,tr4 pp4 #dbdj-a47 ,the evidence proves that ,blome collaborated with ,rascher in the polygal research4 ,this collaboration began at least as early as the middle of #aidc in connection with cancer research4 7,,no-#dgc1 ,pros4 ,ex4 #bcg2 see also ,,no-#ech1 ,pros4 ,ex4 #abb1 entries for #ah ,february1 #g ,april1 #ad ,april1 and #bf ,june #aidc47 ,the defendant ,sievers stated in his affidavit that3 8,blome also had full knowledge of the blood coagulation experiments at ,dachau4 ,he received reports from ,rascher and should have a complete knowledge of these matters40 7,,no-#dgc1 ,pros4 ,ex4 #bcg47 ,blome admitted that ,rascher had been commissioned by ,himmler to work with him in the field of blood coagulation4 7,tr4 p4 #dfdb47 ,one of the collaborators of ,rascher in the polygal research was an inmate of the ,dachau concentration camp by the name of ,robert ,feix4 ,by letter of #ae ,september #aidc1 ,rascher requested ,sievers to approach ,blome1 so that the latter might arrange for the release of ,feix and for his reinstatement in his former category as half-,aryan4 ,rascher stated in his letter that 8,blome has given me great hopes in this respect40 7,,no-#faa1 ,pros4 ,ex4 #bci47 ,this proves that ,blome was already collaborating with ,rascher on polygal research in the summer of #aidc4 ,obviously1 ,blome would not have put himself out to assist in this work without knowing precisely what had been done to test polygal4 ,in the latter part of #aidc1 ,rascher and ,dr4 ,haferkamp wrote a paper on polygal4 ,this paper draws a clear distinction between experiments on human beings to test the effect of polygal and clinical tests4 ,it states that3 8,before we tried the clinical use of the drug and had it probed1 it was tested on human beings by thorough experiments as to its influence on the period of clotting and bleeding40 ,curves were included to show the reaction of polygal on clotting and bleeding4 ,later on1 the paper discusses clinical observations during operations4 7,,no-#dch1 ,pros4 ,ex4 #bdj47 ,the experiments mentioned in this paper obviously are the ones during which inmates were shot4 ,they were not so described in the paper because it was written for publication4 ,blome testified that the only experiments he knew about were ones where one cubic centimeter of blood was withdrawn to see how fast it would coagulate in a test tube4 7,tr4 p4 #dfdc47 ,such tests cannot be described as experiments4 ,it is impossible to conceive of ,rascher's testing a blood coagulant to be used on soldiers wounded on the battlefield in such a manner4 ,and this was better known to ,blome at the time than it is now to the ,tribunal4 ,he knew that ,rascher had conducted the freezing experiments with resultant loss of life4 ,he had been informed about the ,buchenwald typhus experiments4 7,tr4 p4 #dfdj47 ,moreover1 this devious explanation of ,blome does not cover experiments to test the effect of polygal on bleeding2 to test blood in a test tube covers only coagulation reaction1 not bleeding reaction4 ,so he had to add to the implausible by saying that ,rascher once told him that he or another doctor had rubbed the upper thigh of a person under anesthetic until it became bloody and then tested the efficacy of polygal4 ,but ,blome said1 8,i didn't take this statement of his seriously40 7,tr4 p4 #dfce47 ,the thing which cannot be taken seriously is ,blome's display of ignorance about experiments in which the documents prove he had a direct personal interest4 ,blome approved the publication of the paper mentioned above in the ,munich ,medical ,weekly ,muenchener ,medizinische ,wochenschrift4 7,tr4 p4 #dfci2 ,,no-#faf1 ,pros4 ,ex4 #bdd47 ,both ,grawitz and ,pohl raised objections to the publication of the article because they had not been consulted and because ,dachau #c ,k and human experimental subjects were mentioned4 7,,no-#fad1 ,pros4 ,ex4 #bde2 ,,no-#fae1 ,pros4 ,ex4 #bdf47 ,both these men knew of the murderous experiments carried out by ,rascher to test polygal4 ,gebhardt knew4 ,yet ,blome asks the ,tribunal to assume that he was too naive to have known2 that he didn't even believe ,rascher when he was told that he had deliberately rubbed the hide off of an inmate's leg to test polygal4 ,on #bc ,february #aidd ,rascher received a research assignment on polygal from the ,reich ,research ,council4 7,,no-#fef1 ,pros4 ,ex4 #bdg47 ,blome admitted that he issued this assignment4 7,tr4 p4 #dfcd47 ,siever's diary reveals that on #a ,february #aidd1 polygal production by ,rascher was listed as a war economy industry by the ,reich ,research ,council4 ,on #bb ,february ,sievers had a conference with ,rascher in which supply questions for the production of this drug1 experiments of ,blome1 and the polygal report for the defendant ,gebhardt were discussed4 ,on #bd ,february ,sievers had a telephone conversation with ,blome in which ,blome informed him that ,himmler had issued an order concerning ,blome's work in ,dachau in collaboration with ,rascher1 7#cedf-,,ps1 ,pros4 ,ex4 #abc47 ,blome admitted that ,himmler requested him to cooperate with ,rascher on polygal research4 7,tr4 p4 #deaj47 ,when ,ploetner took over ,rascher's work on #ca ,march 7,tr4 p4 #igc71 ,blome continued his interest in polygal as shown by a telephone conversation with ,sievers on this matter on #bd ,july4 7,tr4 p4 #igf47 99 99 99 99 99 c4 ,selection from the ,argumentation of the ,defense ,,extract ,,from ,,the ,,closing ,,brief ,,for ,,defendant ,,blome 99 99 99 99 99 ,the question of polygal was from the beginning one of the weakest counts of the indictment against ,dr4 ,blome4 ,it is a remedy to make the blood clot and to prevent people from bleeding to death as a result of wounds inflicted in battle or by operation1 or from injury due to excessive loss of blood4 ,this equally innocuous and beneficial remedy was apparently made the object of a charge only because ,dr4 ,rascher once maintained that he had killed four concentration camp inmates with pistol shots in order to try out polygal on them4 7,,no-#adbd1 ,pros4 ,ex4 #dfb2 ,,no-#jfe1 ,pros4 ,ex4 #bba47 ,but ,i believe that every intelligent person must have approached this contention of ,rascher's with the strongest distrust1 because one cannot try out a styptic on a dead person1 and ,dr4 ,blome1 like other physicians1 has repeatedly assured me that they did not understand what ,dr4 ,rascher had in mind with such actions1 which of course had nothing to do with 8experiments04 ,but even on the assumption that these stories of ,dr4 ,rascher were true--that he had actually killed some concentration camp prisoners in order to 8experiment0 on them with 8polygal0--by what right can ,dr4 ,blome be held responsible for this1 a man who knew nothing at all about these crimes of ,dr4 ,rascher8 ,dr4 ,blome has been waiting in vain for evidence to be submitted by the prosecution to prove that he 7,dr4 ,blome7 had had anything to do with those actions of ,dr4 ,rascher1 that he had at least approved or at any rate had some knowledge of them4 ,the document presented by the prosecution proves that ,dr4 ,blome can certainly not be held responsible for the alleged shooting of four concentration camp inmates by ,dr4 ,rascher4 7,,no-#adbd ,pros4 ,ex4 #dfb47 ,this murder committed by ,dr4 ,rascher1 if it was committed at all1 happened before ,august #aidc1 according to ,document ,,no-#adbd4 ,it was during this month that the witness ,friedrich ,karl ,rascher found in the writing table of his nephew1 ,dr4 ,rascher1 the report on the shooting of the four concentration camp inmates4 ,dr4 ,blome1 however1 heard about polygal for the first time only during his second visit to ,himmler in ,august or ,september #aidc2 before that time the matter was unknown to him4 ,this statement by ,dr4 ,blome concerning the date is in agreement with the testimony of ,sievers of #aj ,april #aidg1 according to which the joint visit of ,dr4 ,blome1 ,sievers1 and ,rascher to ,himmler took place in the autumn of #aidc4 ,from this it is evident that the murder of the four concentration camp inmates by ,dr4 ,rascher1 if it has really any connection with polygal1 happened without doubt at a time when ,dr4 ,blome still had no knowledge of this styptic4 ,dr4 ,blome has rightly pointed out that it would have been a completely incomprehensible insanity to kill people only for the purpose of testing a styptic at a time when every day offered an abundance of material for the observation and study of the effect of polygal in the thousands of wounded soldiers and of patients operated on at the front as well as among the civilian population4 ,in this connection it is1 incidentally1 quite interesting to learn from the interrogation of the witness ,neff that he never saw or observed any such 8experiments0 by ,dr4 ,rascher4 ,neither did ,dr4 ,rascher tell ,neff anything about them1 although ,neff held a particularly confidential position with ,rascher and otherwise learned much about ,rascher and his 8experiments04 ,even in the camp nothing was said at the time about these alleged 8experiments0 of ,dr4 ,rascher with polygal1 although it could certainly not have been and also did not have to be kept secret in the camp if ,rascher had actually shot four concentration camp inmates in order to carry out 8experiments0 on them with polygal4 ,these facts justify serious doubts as to whether those 8experiments0 ever took place at all and especially whether they have anything to do with the hemostatic polygal4 ,in reality1 polygal is an absolutely harmless drug1 whether it is injected or taken in tablet form1 and the use of such a drug in this form can in no case be considered a criminal experiment against humanity as specified by the indictment before this ,tribunal4 ,even when administered by injection with the subsequent drawing of a few drops of blood from the experimental subject1 it is completely harmless4 ,it does not cause any more 8pain0 than any other injection1 and the whole test of this drug consists solely of taking one cc4 of blood from the vein of the so-called experimental subject4 ,thus we are not dealing with any experiment of the kind that could be considered criminal because it causes severe pains or because it is dangerous or for any other reasons4 ,besides1 the concept of 8criminal experiments on human beings0 has already been explained at the trial of ,field ,marshal ,milch#gg by the verdict of #af ,april #aidg2 this verdict expressly limits the range of such experiments to experiments 8which could cause torture or death to the experimental subjects40 ,thus one cannot1 in the present proceedings1 object to those experiments which cannot ordinarily be assumed to cause death to the experimental subject or be accompanied by severe pain4 ,neither took place when polygal was administered4 ,for either it serves as a hemostatic which can only be of advantage to the patient or1 in the reverse case1 it simply has no effect4 ,polygal can never have any harmful consequences1 least of all cause any damage to health2 nor could this be claimed by the prosecution1 for polygal is generally used in surgery nowadays4 ,and finally1 all the persons who submitted to polygal tests were volunteers4 ,dr4 ,blome1 however1 could not prove this here by interrogating the inventor of the drug1 ,feix1 because the prosecution prevented defense counsel from examining ,feix by transferring the latter to ,dachau1 whence he later escaped4 ,the transcript of the interrogation of ,feix by the prosecution was not submitted here1 even though ,feix had told me personally that he could not understand how any blame in connection with polygal could be put on ,dr4 ,blome4 ,but another witness1 namely ,walter ,neff1 testified here on the witness stand that the experimental subjects on whom the experiments had been carried out had volunteered1 just as he himself had done4 ,since ,neff was produced as witness by the prosecution1#gh the latter will hardly want to declare the testimony1 sworn to by ,neff1 to be untrue4 ,the verdict of #af ,april #aidg against ,field ,marshal ,milch quoted above1 states explicitly that medical experiments are punishable only when carried out without the consent of the subjects4 ,furthermore1 punishability presumes that the experiments were a 8torture0 for the experimental subject or jeopardized his life4 ,both conditions obviously do not apply to polygal4 ,thus one comes to the conclusion that it would have been better not to mention within the limits of this trial subjects where even the closest observer has to look very carefully to see whether he could not possibly find anything to object to4 ,this applies especially to the report of the ,institute for ,military ,scientific ,research 7,department ,rascher71 on coagulation of blood4 7,,no-#dch1 ,pros4 ,ex4 #bdj47 ,in this report1 the author1 ,dr4 ,rascher1 emphasizes the importance of 8,polygal #aj0 for combat troops and in operations and describes five operations where polygal was used with good results4 ,there can be no doubt that those were five bona fide operations which were performed on patients in an entirely legitimate way and which tested polygal's effectiveness in stopping bleedings in an absolutely proper manner1 as it is usually done1 with similar drugs4 ,it is inconceivable how a conclusion of illegal 8experiments0 could have been drawn from that report4 ,one of these five legitimate operations1 by the way1 is described in a report by the camp physician ,dr4 ,kahr1 dated #ab ,october #aidc #aj ,december #aidc 7,,no-#fef1 ,pros4 ,ex4 #bdg72 it does not offer any basis for assuming an 8experiment04 ,in this connection it is worthwhile to note that ,dr4 ,blome himself1 in his affidavit of #be ,october #aidf 7,,no-#dga1 ,pros4 ,ex4 #bch71 under section #h describes the use of polygal in cases of 8battle wounds and operations01 but deals with 8experiments on human beings0 only in the next section1 #i4 ,therefore1 ,dr4 ,blome knew from the beginning that polygal had nothing to do with 8experiments on human beings04 99 99 99 99 99 d4 ,evidence ,prosecution ,documents ,pros4 ,ex4 ,doc4 ,no4 ,no4 ,description of ,document ,page ,,no-#adbd #dfb ,affidavit of ,fritz ,friedrich ,karl ,rascher1 ,m4 #fgf ,d41 #ca ,december #aidf1 concerning the life and activities of ,dr4 ,sigmund ,rascher4 ,,no-#dch #bdj ,report from the ,institute for ,military #fgf ,scientific ,research1 7,department ,dr4 ,rascher7 on 8,polygal #aj40 ,,no-#fef #bdg ,memorandum by ,,ss ,obersturmbannfuehrer ,wolff1 #fhj #h ,may #aidd2 letters from ,dr4 ,kahr to ,rascher1 #aj and #af ,december #aidc4 ,testimony ,page ,extracts from the testimony of defendant ,sievers #fhb ,,translation ,,of ,,document ,,no-#adbd ,,prosecution ,,exhibit #dfb ,,affidavit ,,of ,,fritz ,,friedrich ,,karl ,,rascher1 ,m4 ,d41 #ca ,,december #aidf1 ,,concerning ,,the ,,life ,,and ,,activities ,,of ,,dr4 ,,sigmund ,,rascher ,,affidavit ,i1 ,fritz ,friedrich ,karl ,rascher1 being duly sworn1 depose and state3 #a4 ,i was born on #ac ,august #ahhh at ,kellmuenz_/,schwaben-,neuburg4 ,i am a ,german citizen4 ,my present civilian address is3 ,hamburg1 ,parkallee #gh4 ,i attended the following schools3 #d years public school at ,augsburg1 #d years ,st4 ,anna ,gymnasium at ,augsburg1 #b years ,real-,gymnasium at ,augsburg1 and #d years of senior high school at ,ravensburg4 ,i graduated from junior college at ,ravensburg in #aiji4 ,i studied medicine for #e years at ,munich4 ,i passed my state board examination in #aiad at ,munich4 ,from #aiad to #aiag ,i worked as general practitioner4 ,in the autumn of #aiag ,i was drafted into the armed forces1 remained however at first in ,hamburg in the home guard reserve and worked at the same time as general practitioner until ,may #aiah4 ,from ,may #aiah until ,november #aiah ,i was a medical officer4 ,since the end of #aiah until now ,i have been a general practitioner in ,hamburg4 #b4 ,i am the uncle of ,dr4 ,sigmund ,rascher and have always maintained a pleasant family relationship with my nephew4 ,i also was well acquainted with the wife of ,dr4 ,sigmund ,rascher1 ,nini ,rascher nee ,diehl4 ,i also maintained contact with ,dr4 ,sigmund ,rascher and his wife during the war until the arrest at the end of #aidc or beginning of #aidd4 ,for the reasons stated above1 ,i am in the position to make the following statement3 #c4 ,while attending the wedding of my nephew in ,munich he told me that he had been asked to take over a laboratory in the concentration camp ,dachau by order of the ,luftwaffe and in connection with the ,ahnenerbe4 ,this offer was made to him through the medium of his wife and ,himmler4 ,he told me that this would be a big chance to work free and undisturbed4 ,at the same time he saw in it a chance of continuing his experiments on blood crystallization4 ,in these experiments he was supported by a relative of his wife by the name of ,fraeulein ,lulu1 who later committed suicide4 ,at that time ,i advised my nephew against accepting such a job4 #d4 ,in ,august #aidb ,i heard from my nephew in ,munich that he had taken over the laboratory at ,dachau and that he would work there extensively4 ,knowing the great diligence and the ambition of my nephew ,i was not surprised that he accepted this job4 ,at that time ,i drove with my nephew by car up to the entrance of the concentration camp1 but did not enter4 ,the only thing ,i heard from my nephew at that time was that he had carried out high-altitude tests on himself4 #e4 ,in ,august #aidc ,i was with my nephew twice in the ,dachau concentration camp4 ,the first time ,i went only to his private quarters and did not see the laboratory4 ,the second time he showed me his laboratory and introduced me to his colleagues4 ,i still remember the following names3 ,dr4 ,punzengruber and ,dr4 ,feix4 ,i inspected the chemical exploitation of blood coagulation4 ,at that time he also told me of freezing experiments4 ,he said that he had carried these out on himself at first and then he introduced to me one of his colleagues who had volunteered three times for these experiments4 ,if ,i remember rightly1 ,himmler is supposed to have been present at one of these experiments and to have pardoned the man who was condemned to death4 ,during the absence of my nephew1 ,i accidentally found the following document in his desk3 ,it refers to a report about the shooting 7execution7 of four people for the purpose of experimenting with the hemostatic preparation 8,polygal #aj04 ,as far as ,i remember they were a ,russian ,commissar and a cretin1 ,i do not remember who the other two were4 ,the ,russian was shot in the right shoulder from above by an ,,ss man who stood on a chair4 ,the bullet emerged near the spleen4 ,it was described how the ,russian twitched convulsively1 then sat down on a chair and died after about #bj minutes4 ,in the dissection protocol the rupture of the pulmonary vessels and the aorta was described4 ,it was further described that the ruptures were tamponed by hard blood clots4 ,that could have been the only explanation for the comparatively long span of life after the shot4 ,after reading this first protocol ,i was so shocked that ,i did not read the others4 ,at the time ,i took a sample of the hemostatic preparation from the desk which ,i submit herewith to the files4 #f4 ,on the way to ,munich after this visit to ,dachau1 which was my last1 ,i called my nephew to account4 ,he raved when he learned that ,i knew of this matter4 ,after appealing to his conscience1 from the scientific as well as from the humane point of view1 he broke down and cried3 8,i dare not think1 ,i dare not think40 ,in ,munich my nephew and ,i continued this conversation during the whole night4 ,dr4 ,sigmund ,rascher admitted at the time that he was on the wrong path but that he didn't see any possibility of resigning from it4 #g4 ,at the end of #aidc or beginning of #aidd ,i received a letter from my nephew1 in which he informed me that he and his wife had been arrested because of illegal adoption 7and registration7 of a child4 ,this letter was accompanied by a note by ,kriminalrat ,schmidt from ,munich in which he informed me that ,i should contact him if ,i knew anything about this matter4 ,i wrote at the time to ,munich that ,i considered this to be impossible because ,i myself had once seen ,frau ,rascher in a pregnant state4 ,i am a doctor and examined her myself4 ,that was before the birth of the second child2 she was then in the #fth or #gth month of pregnancy4 ,i wish to add that the first son looked very much like his father and also had similar habits4 #h4 ,since this occurrence in #aidc or #aidd ,i have not heard from either ,dr4 ,sigmund ,rascher or his wife4 ,only in #aidf ,i learned from various people that my nephew had been shot in ,dachau before the arrival of the ,americans and that his wife had been hanged at ,ravensbrueck or ,berlin on orders of ,himmler4 ,i also submit to the files three pictures taken during the youth of ,dr4 ,sigmund ,rascher4 ,all my nephew's documents which ,i had in my possession ,i burned in #aidd because ,i was afraid of the ,gestapo4 ,i have read the above affidavit in the ,german language consisting of #b pages and declare that it is true and correct to the best of my knowledge and belief4 ,i was given the opportunity of making alterations and corrections in the above affidavit4 ,this affidavit was made by me voluntarily1 without any promise or reward and ,i was subjected to no compulsion or duress of any kind4 ,signature ,,rascher ,hamburg1 #ca ,december #aidf4 ,,partial ,,translation ,,of ,,document ,,no-#dch ,,prosecution ,,exhibit #bdj ,,report ,,from ,,the ,,institute ,,for ,,military ,,scientific ,,research1 7,,department ,,dr4 ,,rascher7 ,,on 8,,polygal #aj0 ,handwritten ,mue4 med4 ,wo4 ,schri4 delivered #bj ,dec4 #aidc4 ,from the ,institute for ,military ,scientific ,research 7,department ,dr4 ,rascher7 8,polygal #aj01 a hemostat to be administered orally by ,dr4 med4 ,s4 ,rascher1 ,munich1 and ,dr4 med4 ,h4 ,haferkamp1 ,waltershausen 7,thuringia74 ,a good hemostat has to have the following qualifications3 #a4 ,it must be harmless4 #b4 ,it must be administered easily 7orally74 #c4 ,it must not have an unpleasant taste4 #d4 ,it must have a deep and long-lasting effect on bleeding and clotting time4 #e4 ,after the effect wears off it must be possible to administer another dose without any danger4 ,hemostats now on sale commercially meet these demands only partially4 ,no unobjectionable hemostat is known so far which is in tablet form1 durable1 unimpaired by cold temperatures and therefore easily transportable4 ,but it would be worthwhile to produce such a preparation whose application would have the following important advantages3 #a4 ,it could be given prophylactically to the combat troops before an attack and to air crews before action4 ,too great a loss of blood could be avoided that way when tending to wounds is delayed2 similarly it would prevent the wounded from becoming incapacitated by delaying the loss of blood4 #b4 ,before operations in which greater areal bleeding is to be expected1 it could be used to keep the operational region clear of interfering bleeding4 #c4 ,persons having a long blood clotting time could benefit inestimably from such a remedy in cases of teeth extractions1 etc4 #d4 ,in severe cases of lung or stomach hemorrhage which cannot be treated surgically at once1 such a remedy could be life saving4 ,we believe we have such a remedy in 8,polygal #aj10 a preparation composed and tested in our institute1 which does fulfill the above requirements4 8,polygal #aj0 is a drug composed on a 8pectin0 base2 its new method1 differentiating it from other hemostats on a pectin base is to be found in the activation of pectin before composing it into the hemostat4 ,before we tried the clinical use of the drug and had it probed1 it was tested on human beings by thorough experiments as to its influence on the period of clotting and bleeding4 ,the period of clotting was occasionally established in short intervals by #aj parallel definitions of free flowing venous blood according to the method of ,buercker4 ,the period of bleeding was measured by a stop watch after a wound at the ear had been inflicted by a 8,frankeschen ,schnepper40 ,on the enclosed graphic chart 7not reproduced7 the curves of two experimental subjects are displayed 7experimental subjects ,nos4 #bjj and #bjg74 ,the depth of decline and the duration of effect correspond to the average4 ,it is to be mentioned with reference to the curves that various persons were always used for the experiments in order to avoid a possible accumulation of effect by the drug4 99 99 99 99 99 ,,translation ,,of ,,document ,,no-#fef ,,prosecution ,,exhibit #bdg ,,memorandum ,,by ,,ss ,,obersturmbannfuehrer ,,wolff1 #h ,,may #aidd2 ,,letters ,,from ,,dr4 ,,kahr ,,to ,,rascher1 #aj ,,and #af ,,december #aidc ,handwritten ,the ,preparation of ,polygal ,waischenfeld_/,oberfranken #h ,may #aidd ,no4 #ace ,telephone ,no4 #b ,journal ,no4 ,wo_/,he4 ,the ,reich ,leader ,,ss ,personal ,staff ,office ,ahnenerbe ,,summary ,,ss ,hauptsturmfuehrer ,s4 ,rascher ,,md4 was assigned the following research tasks by the ,reich ,research ,council3 99 99 99 99 99 #b4 ,on #bc ,february #aidd ,journal ,no4 ,rf #cgag_/dd;g ,code word3 8,polygal40 ,research task for the development of production methods for the preparation of the hemostat polygal4 ,priority ,,ss_/#dd ,wehrmacht order number3 ,,ss #daah-jcia_/dd ,rf #bhbi4 ,point #aa as an addition to the task4 ,procurement of supplies1 etc41 has a priority rating ,,ss #diej 7,group ,i74 ,signature ,,wolff ,,ss ,obersturmfuehrer 99 99 99 99 99 ,copy ,concentration ,camp ,dachau ,the ,camp ,physician ,dachau1 #aj ,december #aidc ,subject3 ,administering 8polygal0 after amputation of the thigh of a #dj-year-old male patient4 ,to3 ,stabsarzt ,dr4 ,rascher ,dachau ,on #aj ,december #aidc the effectiveness of 8polygal0 in the case of the amputation of the thigh was tested4 ,the drug was administered per os #de minutes before the operation and was placed in the patient's mouth to be dissolved4 ,a blood transfusion of #ejj cc4 had been made the previous day in preparation for the operation4 ,blood pressure on the day of the operation was #ahj_/hj4 ,as regards the effectiveness of 8polygal0 one can say that it was absolutely evident how little the tissues bled4 ,after the first rush of blood from the vessels which had been cut1 when completely emptied of blood no more bleeding occurred after this first flow of accumulated blood1 so that it was not necessary to apply any ligatures to the surface of the muscles and the fatty tissues1 or the subcutaneous tissues1 as had always been the case with other amputations4 ,the effectiveness of 8polygal0 must in this case be described as complete4 ,by order3 ,signed ,,dr4 ,,kahr ,,ss ,obersturmfuehrer ,the ,first ,camp ,physician1 ,concentration ,camp ,dachau 99 99 99 99 99 ,copy ,concentration ,camp ,dachau ,the ,camp ,physician ,dachau #af ,december #aidc ,to3 ,,ss ,hauptsturmfuehrer ,dr4 ,rascher ,dachau 8,polygal #aj0 was used for #b herniotomies4 ,the patients were men of #ce and #db years of age1 respectively4 ,in both cases the tablets were administered to the patients #dj minutes before the operation4 ,blood pressure before the operation was #ace_/hj in the case of the #ce-year-old patient and #ade_/hj in the case of the #db-year-old patient4 ,both patients tolerated 8polygal #aj0 without complaint1 nor were there any unpleasant accompanying symptoms in the stomach4 ,it is to be said of the operation itself that the loss of blood was conspicuously slight in both cases4 ,as in the case of all preceding operations where 8polygal #aj0 had been administered1 it was only necessary in this case1 to cut off the bleeding from the vessels4 ,in the first case1 that of the #ce-year-old patient1 stronger bleeding from the subcutaneous tissues occurred after the skin had been cut1 which1 however1 was stopped by mere wiping1 so that in this case the application of clips to the subcutaneous tissues was unnecessary4 ,only after cutting the cremaster was it necessary to apply some ligatures1 because then some smaller vessels were pierced4 ,during the further course of the operation1 i4 e41 the separation of the hernial sac from the funiculus spermaticus 7it was an indirect inguinal hernia71 several spots bled in the beginning1 but bleeding came to a standstill at once and the use of ligatures was superfluous4 ,the same observations were made in the second case1 the case of the #db-year-old patient4 ,hemostasis by application of ligatures was necessary in only a few spots1 and this was always in those places where vessels had been injured during the operation4 ,the favorable effect of 8polygal #aj0 in surgical operations consists not only in its causing slight bleeding and preventing great loss of blood1 but also in that it makes possible considerably faster operations1 because the applications of clips and later ligatures always takes up a certain time1 which can be saved by the use of 8polygal #aj40 ,signed ,,dr4 ,,kahr ,,ss ,obersturmfuehrer ,,extracts ,,from ,,the ,,testimony ,,of ,,defendant ,,sievers#gi ,,direct ,,examination 99 99 99 99 99 ,,dr4 ,,weisgerber3 ,the prosecution has submitted a single ,document1 ,,no-#adbd1 ,prosecution ,exhibit #dfb4 ,this is an affidavit of ,dr4 ,fritz ,friedrich ,karl ,rascher1 who is an uncle of ,dr4 ,rascher4 ,it becomes evident from this document that ,rascher was carrying out fatal experiments on human beings in connection with the development of polygal4 ,did you know about that at any time8 ,,defendant ,,sievers3 ,no1 ,i heard nothing about it4 ,after ,rascher's arrest1 however1 in #aidd1 the ,police ,president of ,munich1 von ,eberstein1 gave me a rather excited description of this criminal ,rascher4 ,he said that ,rascher had even shot at a human being in order to test his coagulating drug4 ,a confirmation of this statement could not be obtained at that time4 ,i didn't believe it at first because so many rumors were flying around about him and his wife after his arrest--one of them was that he removed his collaborator ,muschler by murdering her4 ,rascher1 incidentally1 succeeded in clearing himself of this suspicion of murder4 ,after everything has become known through this trial--everything that ,rascher has on his conscience--,i am rather inclined to believe it4 ,uncle ,rascher's statements also reveal how secret ,rascher kept his misdeeds4 ,only by interfering with his nephew's desk did ,uncle ,rascher gain knowledge of whatever he is testifying here4 ,at the same time1 he confirms in his statement that his nephew was furious when he found out about his interference4 ,q4 ,concluding these questions1 ,i put to you ,pohl's affidavit which is ,document ,,no-#jfe1 ,prosecution ,exhibit #bba4 ,i quote 7this is on top of page #c73 8,sievers told me the following3 ,ahnenerbe1 of which ,sievers was manager1 was developing a drug in ,dachau1 by order of ,himmler1 which had as its result the quick coagulation of blood4 ,he said that it was very important for fighting units because it prevented their bleeding to death4 ,the experiments in ,dachau1 during which one inmate was shot at1 have proved these results40 ,did you tell ,pohl anything to that effect8 99 99 99 99 99 ,a4 ,i told ,pohl exactly what ,i had found out from ,eberstein4 ,as ,i already said1 the development stage of polygal was already concluded when he received ,himmler's order to take care of the production4 ,if ,rascher shot at an inmate in connection with polygal research then this1 at any rate1 occurred at a time when he had nothing to do with that matter4 ,i only heard of this alleged shooting after ,rascher's arrest1 as ,i have already testified4 ,q4 ,mr4 ,president1 in this connection ,i offer ,document ,sievers #aj as ,sievers ,exhibit #h4 ,i beg your pardon1 ,sievers ,exhibit #i4 ,this is an affidavit of ,oswald ,pohl4 ,the essential points to be found on page one of this document are1 and ,i quote3 8#a4 ,my affidavit of #bc ,july #aidf concerning medical experiments was submitted to me with reference to my statements in paragraph #d1 ,sievers 7,ahnenerbe74 8#b4 ,sievers' diary of #aidd 7#cedf-,,ps7 was submitted to me with reference to the entry of #ae ,june #aidd1 #i o'clock 7page #afg73 8,,ss ,obergruppenfuehrer ,pohl4 8#a4 ,production of polygal and settlement ,felix40 ,paragraphs two to six are not interesting here and ,i shall skip them4 ,i quote again3 8,after having read this entry in the diary1 ,i can remember ,sievers' visit very well and ,i can state according to the best of my knowledge and conscience3 8,when all the relevant points concerning the possibility of producing 7installation for manufacture7 the blood-stanching remedy #8polygal'1 as well as the other items had been discussed1 ,sievers told me a few things about the ,rascher case before ,i called in ,,ss ,standartenfuehrer ,maurer to discuss the employment of scientist prisoners in mathematical calculating problems4 ,he informed me that ,rascher and his wife had been arrested for jointly committing child substitution and abduction4 ,through ,rascher's arrest1 several unbelievable things had apparently come to light which were now being investigated4 ,it was also maintained that ,rascher was supposed to have fired at a prisoner in order to test the #8polygal'4 ,sievers therefore expresses an assumption which he himself had only heard1 and not a fact based on his own knowledge40 ,and then follows the certification4 99 99 99 99 99 ----- #gg ,united ,states vs4 ,erhard ,milch4 ,see ,vol4 ,,ii4 #gh ,neff was called as witness by the ,tribunal4 #gi ,complete testimony is recorded in mimeographed transcript1 #i1 #aj1 #aa1 #ad ,apr #aidg1 pp4 #efef-ehfi4 #ad4 ,,gas ,,oedema 7,,phenol7 ,,experiments a4 ,introduction ,the prosecution introduced evidence calculated to show that inhuman acts and atrocities 7as generally alleged in paragraph #f of the indictment7 were committed in the course of gas oedema experiments4 ,these experiments were not specifically described in the subparagraphs of paragraph #f of the indictment1 which particularized #ab specific types of experimentation4 ,on this charge the defendants ,mrugowsky and ,hoven were convicted and the defendant ,handloser was acquitted4 ,the prosecution's summation of the evidence on the gas oedema experiments is contained in its closing brief against the defendant ,mrugowsky4 ,an extract from this brief is set forth below on pages #fhd to #fhe4 ,this argumentation is followed by selections from the evidence on pages #fhe to #fid4 b4 ,selection from the ,argumentation of the ,prosecution ,,extract ,,from ,,the ,,closing ,,brief ,,against ,,defendant ,,mrugowsky 99 99 99 99 99 ,gas ,oedema ,serum ,experiments ,the affidavit of ,dr4 ,erwin ,schuler1 alias ,ding1 states that at a conference in the ,military ,medical ,academy in ,berlin1 at the end of #aidb1 in which he took part1 one of the topics of discussion was the fatality of gas oedema serum on wounded soldiers4 ,the affidavit goes on to state that among the participants in the discussion were ,killian1 ,general ,schreiber1 ,mrugowsky1 and a medical officer who was unknown to him4 ,killian and ,mrugowsky gave reports on soldiers who had received the serum in high quantities and hours later1 after apparently having recovered1 died suddenly without visible reason4 ,it was suspected that the phenol content of the serum brought about the fatal result4 ,in the presence of ,killian and ,schreiber1 ,mrugowsky ordered ,ding to take part in the performance of euthanasia with phenol on a concentration camp inmate and to describe the results in detail4 ,ding later witnessed the execution of four or five persons with phenol injections by the defendant ,hoven in the ,buchenwald concentration camp4 ,according to orders1 ,ding reported his findings to ,berlin4 7,,no-#beg1 ,pros4 ,ex4 #bhc47 ,mrugowsky denied having given any such order to ,ding4 ,it is quite apparent1 however1 that ,ding-,schuler1 who was under arrest at the time he executed this affidavit1 would not have implicated himself in a crime which did not occur4 ,mrugowsky's continued interest in the effect of the phenol contained in serum is evidenced by a letter of #bd ,august #aidd from ,grawitz to him4 ,grawitz stated that the ,reich ,leader ,,ss had approved experiments proposed by ,mrugowsky on the tolerance of serum containing phenol4 7,,no-#aaih1 ,pros4 ,ex4 #dff47 d4 ,evidence ,prosecution ,documents ,pros4 ,ex4 ,doc4 ,no4 ,no4 ,description of ,document ,page ,,no-#dbi #bha ,extracts from the affidavit of ,waldemar ,hoven1 #fhe #bd ,october #aidf1 concerning the killing of inmates by phenol and other means4 ,,no-#beg #bhc ,extract from a sworn statement by ,dr4 ,erwin #fhf ,schuler 7,ding71 #bj ,july #aide1 concerning euthanasia with phenol injection4 ,testimony ,extracts from testimony of the defendant ,mrugowsky #fhh ,,translation ,,of ,,document ,,no-#dbi ,,prosecution ,,exhibit #bha ,,extracts ,,from ,,the ,,affidavit ,,of ,,waldemar ,,hoven1 #bd ,,october #aidf1 ,,concerning ,,the ,,killing ,,of ,,inmates ,,by ,,phenol ,,and ,,other ,,means ,i1 ,waldemar ,hoven1 being duly sworn1 depose and state3 #a4 ,i was born in ,freiburg1 ,breisgau1 on the #ajth of ,february #aijc4 ,i attended high school but did not complete my education until many years later4 ,between the years #aiai and #aicc ,i visited ,denmark1 ,sweden1 ,united ,states1 and ,france4 ,in #aicc ,i returned to ,freiburg and completed my high school course and then attended the ,universities of ,freiburg and ,munich4 ,in #aici ,i concluded my medical studies and joined the ,waffen ,,ss as a physician4 ,the last rank ,i held in the ,waffen ,,ss was ,hauptsturmfuehrer 7captain74 ,in #aicd ,i had joined the ,allgemeine ,,ss4 #b4 ,in ,october #aici ,i was assigned as an assistant medical officer in the ,,ss hospital in the ,buchenwald concentration camp and held that position until #aida when ,i was appointed the medical officer in charge of the ,,ss troops stationed in the camp4 ,at the end of #aida ,i was transferred to the camp hospital and became the assistant medical officer therein4 ,this hospital was for the inmates of the ,buchenwald concentration camp4 ,in ,july #aidb ,i was elevated to the position of chief physician and thereby had the full responsibility for the inmate patients in the hospital4 ,i held this position until ,september #aidc when ,i was arrested by the ,,ss police court of ,kassel and remained under arrest until #aeth of ,march #aide4 #c4 ,due to my various positions in the ,buchenwald concentration camp during this period of nearly four years ,i became acquainted with all phases of the medical activities therein and am hereby able to make the following statement3 99 99 99 99 99 #aj4 ,in the camp we had a great many prisoners who were jealous of the positions held by a certain few of the inmates1 that is1 some of the political prisoners held key positions and were able to get better living conditions than the average4 ,hence1 many of the prisoners envied these positions and made every effort to discredit the men who held the key positions4 ,such traitorous actions became known through the 8grapevine0 to the men in the key positions and then such traitors were immediately killed4 ,in each case ,i was later notified in order to make out the death statements of the prisoners killed4 ,these statements did not indicate the actual cause of death but were made out to indicate that the prisoner died of natural causes4 #aa4 ,in some instances ,i supervised the killing of these unworthy inmates by injections of phenol at the request of the inmates4 ,these killings took place in the camp hospital and ,i was assisted by several inmates4 ,on one occasion ,dr4 ,ding came to the hospital to witness such killings with phenol and said that ,i was not doing it correctly1 therefore he performed some of the injections himself4 ,at that time three inmates were killed with phenol injections and they died within a minute4 #ab4 ,the total number of traitors killed was about #aej1 of whom #fj were killed by phenol injections1 either by myself or under my supervision in the camp hospital1 and the rest were killed by various means1 such as beatings1 by the inmates4 ,the above affidavit written in the ,english language1 consisting of five 7#e7 pages1 is true and correct to the best of my knowledge and belief4 ,this affidavit was given by me freely and voluntarily1 without promise of reward and ,i was subjected to no duress or threat of any ,signed ,,dr4 ,,waldemar ,,hoven ,,translation ,,of ,,document ,,no-#beg ,,prosecution ,,exhibit #bhc ,,extract ,,from ,a ,,sworn ,,statement ,,by ,,dr4 ,,erwin ,,schuler 7,,ding71 #bj ,,july #aide1 ,,concerning ,,euthanasia ,,with ,,phenol ,,injection ,freising1 #bj ,july #aide ,erwin ,schuler1 ,m4 ,d4 ,case #ejh ,as ordered ,i am briefly answering two questions3 #a4 ,witness of ,euthanasia with ,phenol at ,buchenwald4 ,at the end of #aidb ,i took part at a conference in the ,military ,academy of ,medicine in ,berlin4 ,the topic of discussion was the fatal effect of gas gangrene serum on wounded men4 ,present3 ,generalarzt ,professor ,schreiber1 hygienist of the ,military ,academy of ,medicine2 ,,ss ,oberfuehrer ,professor ,mrugowsky1 hygienist2 ,oberstabsarzt ,professor ,killian1 professor in the ,university of ,breslau1 surgeon2 a medical officer 7surgeon7 whose name ,i did not know2 and myself1 as department chief of the ,central ,institute for the ,combating of ,epidemics1 ,berlin4 ,killian and ,mrugowsky gave reports on soldiers who had been given gas gangrene serum in high quantities 7up to #a1ejj cc47 and hours afterwards1 while feeling perfectly well1 had died suddenly without any visible reason4 ,mrugowsky suspected that the cumulative effect of the phenol content of the injections was responsible for the deaths4 ,in the presence of the other gentlemen1 ,mrugowsky ordered me to take part in euthanasia with phenol in a concentration camp and to describe the result in detail1 since neither ,i nor ,mrugowsky had ever seen a case of death by phenol4 ,mrugowsky himself could not take part in the euthanasia because of an urgent trip to the ,east1 on the other hand the affair was urgent for the fighting troops1 and the publication of a new circular for the troop doctors4 ,a few days later ,i asked ,dr4 ,hoven in ,buchenwald to notify me when he performed euthanasia with phenol4 ,the next evening he asked me to come to the operating theater in the inmates' hospital4 ,besides himself and another doctor--probably ,dr4 ,plaza--only two other prison male nurses1 whom ,i cannot remember1 were present4 ,i talked to the doctor about the composition of the phenol injection and1 as far as ,i can remember1 it consisted of undiluted raw phenol1 which was to be administered in doses of #bj cc4 ,one by one1 four or five prisoners were led in4 ,the upper part of the body was naked so that their nationality patch on their clothing could not be distinguished4 ,the condition of their bodies was bad and their age was advanced4 ,i do not remember a diagnosis as to why euthanasia was to take place1 but probably ,i did not ask about it either4 ,they sat down quietly on a chair1 that is without any sign of excitement1 near a light4 ,a male nurse blocked the vein in the arm and ,dr4 ,hoven quickly injected the phenol4 ,they died in an immediate total convulsion during the actual injection without any sign of other pain4 ,the time between the beginning of the injection and death ,i estimate at about second4 ,the rest of the dose was injected as a precautionary measure1 although part of the injection would have been enough for the fatal result 7,i estimate #e cc474 ,the dead were carried into an adjoining room by the nurses--,i estimate the time of my presence at #aj minutes4 ,i reported in ,berlin according to orders4 ,i know nothing further to say4 99 99 99 99 99 ,,extracts ,,from ,,testimony ,,of ,,the ,,defendant ,,mrugowsky#hj ,,direct ,,examination 99 99 99 99 99 ,,dr4 ,,flemming3 ,i now turn to the gas gangrene experiments4 ,when examining the defendants ,handloser1 ,rostock1 ,schroeder1 ,genzken1 and the witness ,bernhard ,schmidt1 we heard to what extent gas gangrene became prevalent at the front4 ,i refer you to the ,document ,,no-#egh1 ,prosecution ,exhibit #bhd4 ,i shall have it submitted to you4 ,would you please tell the ,tribunal whether1 in connection with gas gangrene1 there was an extreme necessity in concentration camps and in the army to discover protective means to combat this disease8 ,,defendant ,,mrugowsky3 ,it was pointed out frequently that no infection can be taken so seriously in the surgical field as the infection by gas gangrene1 since the mortality cases of these injuries were very high4 ,in concentration camps1 as ,noeling told me1 we often had cases of gas gangrene4 ,therefore1 the ,asid ,works suggested that vaccine should be used in the same manner as in the case of diphtheria4 ,this was done in these works sometimes in cases of tetanus4 ,such vaccine against gas gangrene was produced by the ,behring ,works and was tested on students at ,marburg ,university at first1 about which a publication is available4 ,i received a small part of this gas gangrene toxin in order to protect people in danger4 ,this gas gangrene toxin ,i gave to ,noeling and he used it at ,buchenwald4 ,the chart is available concerning persons on whom this vaccine was used4 ,it becomes evident from that that there is even an increase in temperature following that vaccination1 and that we are here concerned with a completely harmless project which has nothing at all to do with an infection4 ,q4 ,dr4 ,ding in an affidavit 7,,no-#beg1 ,pros4 ,ex4 #bhc7 stated that at the ,military ,medical ,academy a conference took place on the question of gas gangrene serum4 ,what do you know about that8 ,a4 ,it is correct that such a conference actually took place4 ,whenever gas gangrene occurred a large amount of gas gangrene serum had to be used for treatment in order to insure success4 ,it was not a mere ten or fifteen cubic centimeters1 but #djj to #hjj cubic centimeters which was given to the patient in the course of a few days4 ,in ,germany all serums which are obtained from animals1 mostly horses1 are mixed with #j4e percent of phenol and carbolic acid--in order to preserve them--i4 e41 to #djj cubic centimeters ,i added a concentration of two cubic centimeters of phenol acid4 ,this amount is1 of course1 far above the tolerance of human beings4 ,carbolic acid is one of the strongest acids we possess4 ,when treating people with gas gangrene serums a number of deaths occurred4 ,we discussed whether we were dealing with cases of serum death1 resulting from the serum1 or whether death was caused by the phenol added4 ,ding and ,i participated in that conference with others4 99 99 99 99 99 ,q4 ,did you give ,dr4 ,ding an assignment on the basis of this discussion to test this phenol question8 ,a4 ,yes1 ,i told him to study the literature and to make use of the libraries of the pharmacological and forensic medicine institute in ,jena4 ,he was in touch with those institutes4 ,q4 ,did you give him the assignment to participate in euthanasia with phenol8 ,a4 ,no4 ,i never heard anything about his having carried out such euthanasia1 or of such killings having been carried out4 ,i could not1 therefore1 have given him any such order4 ,q4 ,you are aware that in an affidavit of your codefendant ,hoven it is stated that ,ding himself carried out killings in ,buchenwald with phenol4 ,had you given him instructions to that effect8 ,a4 ,no4 ,i did not give him any such instructions1 and there was no occasion to do so because death by phenol is well known in literature2 simply reading works on the subject would have sufficed4 ,,dr4 ,,flemming3 ,mr4 ,president1 ,i submit ,document ,mrugowsky #bh4 ,i should like to submit it as ,mrugowsky ,exhibit #df4 ,it is an affidavit of ,professor ,killian1 who is a university professor at ,halle_/,saale4 ,he says3 8,in #aida-aidc ,i was consulting surgeon with the #afth ,army in the ,east4 ,we had experienced numerous cases of death and injury to the circulatory system due to the effects of gas gangrene serum4 ,in my opinion1 these bad effects cannot only be attributed to the inoculation of great quantities of unrelated serums1 but also to the addition of one-half percent phenol1 as is prescribed by law4 ,since up to #aej cc4 of gas gangrene serum--sometimes even more than that--was given intravenously to wounded in the field1 in my opinion the total quantity of phenol added then approached becoming a danger4 ,this became obvious after four of my collaborators had had themselves injected intravenously with a phenol common salt solution of #j4e percent density4 ,all of them showed typical signs of phenol poisoning to a different degree4 ,in a letter to the medical inspectorate ,i called their attention to the disappointing effects of the gas gangrene serum and to the detrimental effect of phenol1 and made proposals for a change4 ,consequently1 ,i was officially ordered to report during my stay in ,berlin to ,oberstarzt ,professor ,schreiber1 who was a specialist on this matter4 ,present at this conference were ,professor ,mrugowsky and a junior physician whose name ,i no longer remember4 ,i did not know any of the three gentlemen2 ,i saw and spoke to them then for the first time4 ,apart from a few general questions concerning bacteriology1 we discussed mainly the gas gangrene serum problem4 ,i had to give an exact report on what took place at the front and on the symptoms of poisoning4 ,the discussion then took two directions4 ,first1 the question whether it was possible for industry to substitute a harmless disinfectant for the dangerous phenol1 and which one of the many substances would be suitable for this purpose40 ,number two is not important4 ,and ,i can skip the next paragraph too4 ,i come to the last paragraph3 8,i well remember the substance of the discussions and declare that no mention was made of any experiments in a concentration camp1 or of effecting euthanasia by injecting phenol4 ,such considerations never even came up for discussion1 let alone an order in my presence by one of the medical officers4 ,this would certainly have remained in my memory4 ,i may add that a reason for such experiments did not exist since the symptoms of phenol poisoning are well known and may be found in any book on pharmacology4 ,apart from this1 the question had been sufficiently settled by the above-mentioned experiments which the physicians had carried out on themselves4 ,i am convinced that ,dr4 ,ding's statements are not true40 ,signed by ,professor ,killian1 and certified4 ,on the basis of instructions that he was to inform himself from literature about phenol poisoning--instructions which you gave to him--what did ,ding report8 ,was the question of gangrene serum1 and the deaths resulting from it1 settled8 ,,defendant ,,mrugowsky3 ,ding made a report4 ,i waited for it for some time and when it did not come ,i myself read up on this question4 ,then ,i was no longer interested in his report4 ,q4 ,on page #bj of the ,ding diary 7,,no-#bfe1 ,pros4 ,ex4 #bhg7 it says that a special experiment on four persons was carried out on behalf of ,gruppenfuehrer ,nebe4 ,what do you know about that8 ,a4 ,i have already mentioned the case of ,hauptscharfuehrer ,koehler1 who was at the hospital at ,weimar1 who died from poisoning4 ,inaccurate statements were given about his death and autopsy4 ,it was said that they occurred in the ,buchenwald concentration camp--which is not true4 ,at the discussion of the autopsy findings in the ,reich ,criminal ,police ,office1 the opinion had been expressed that this death might have resulted from pervitin together with a narcotic drug4 ,i participated in this discussion4 ,,dr4 ,,flemming3 ,mr4 ,president1 ,i have already submitted the affidavit by ,dr4 ,konrad ,morgen4 7,mrugowsky #bi1 ,mrugowsky ,ex4 #cf47 ,when ,i submitted it ,i read the first one and one-half pages4 ,i should now like to read the following portion3 8,professor ,dr4 ,timm0--that is1 the forensic medical expert from ,vienna who performed the autopsy on ,koehler--8came to the opinion that there were two possibilities3 first1 that a ,south ,american poison had been used which was totally unknown to us and which dissolves completely in the human body2 second1 that a combination of drugs had been used4 ,one drug had excited the circulation to the point of exhaustion1 the other drug had acted as an antidote4 ,professor ,dr4 ,timm spoke of the possibility that pervitin had been used together with a soporific4 ,the idea that a ,south ,american poison had been used was rejected from a criminological point of view4 ,from a technical point of view the second possibility would have been quite possible4 8,i had to report the case to the ,reich ,security ,main ,office4 ,subsequently1 a conference took place in the ,reich ,security ,main ,office at which quite a number of persons were present4 ,the chief of the ,reich ,security ,main ,office sic1 ,gruppenfuehrer ,mueller1 presided4 ,gruppenfuehrer ,nebe of the ,reich ,criminal ,police was also present1 as well as ,professor ,dr4 ,mrugowsky4 ,at the conference various persons1 among others also ,dr4 ,mrugowsky1 pointed out that pervitin was not a poison1 that it could be obtained without a prescription4 ,one of the gentlemen present pointed out that in ,america experiments were carried out where up to #ajj tablets of pervitin were administered and the effects were not fatal4 ,but no one present could answer the question of whether a combination of pervitin and a soporific would be harmless1 or whether it would lead to an increased reaction to any one direction4 ,the latter appeared improbable to the experts4 ,in order to settle this question ,gruppenfuehrer ,mueller ordered that an experiment be conducted4 ,he ordered that ,dr4 ,ding1 whom he knew1 should conduct this experiment in ,buchenwald4 8,it was ruled that in this experiment1 which was to settle the purely criminal side of the question1 only minute quantities of pervitin and soporific should be used1 since it would be impossible to give large quantities of pervitin and a soporific unobtrusively to the prospective victim4 ,moreover1 larger quantities of these drugs would have been found in any case by means of a chemical analysis4 ,the scientific theoretical problem concerning the harmfulness or even deadliness of maximum doses did not interest anyone4 8,i was present at the experiments at ,buchenwald4 8,five persons were presented to us for testing1 because ,gruppenfuehrer ,mueller had ordered experiments to be conducted on five persons4 ,i checked the papers of the persons to be experimented on prior to the experiment4 ,they were ,russians who had deserted1 or workers1 who had formed a gang1 stolen1 and plundered1 and had even been charged with murder4 ,they had all been sentenced to death before a special court in ,pomerania4 ,gruppenfuehrer ,mueller had already previously been given the order for their execution4 8,i had agreed with ,dr4 ,ding that a preliminary experiment should be made on three persons to see the kind of reaction this combination had in the organism4 ,some of the condemned could speak ,german4 ,they were told that the experiments were neither dangerous nor painful1 and that by taking part they would at least put off their execution4 ,thereupon they all volunteered4 ,dr4 ,ding chose three of them4 ,they were transferred to ,block #df4 ,there they were given a dose of pervitin and a subcutaneous injection of a soporific4 ,then they had to go to bed4 ,they fell asleep4 ,their sleep was very restless4 ,one of them slept for #bj hours4 ,the others awoke a little earlier 99 99 9940 ,then he says that none of them showed the symptoms which ,koehler had shown1 and that the experiment was considered completed4 ,in the last sentence of the next paragraph he says1 8,therefore1 ,i told ,dr4 ,ding that he should not make any more experiments1 and ,i reported this to ,gruppenfuehrer ,mueller40 ,i shall read the last paragraph in another connection4 ,according to the affidavit of ,dr4 ,morgen1 ,mueller ordered ,ding to carry out the experiment at ,buchenwald4 ,did you receive a report on this experiment8 ,a4 ,no1 ,i did not receive a report on it4 99 99 99 99 99 ,,cross-,,examination ,,mr4 ,,hardy3 ,prior to the afternoon recess1 ,doctor1 we were discussing the phenol problem4 ,now1 in this connection1 did you at any time propose experiments to be conducted at ,buchenwald concerning the tolerance of serum or sera containing phenol8 ,that is1 did you propose that in #aidb or #aidc at any time8 ,,defendant ,,mrugowsky3 ,no4 ,no such suggestions were made and they were not necessary1 because in ,germany every serum contains phenol4 ,in the ,german serum industry there is no serum produced without phenol4 ,i am speaking of the sera for therapeutic purposes1 not vaccines4 ,q4 ,then at no time did you even propose that experiments be conducted to determine the tolerance of sera containing phenol2 is that what you say8 ,a4 ,no4 ,i never suggested that4 ,q4 ,are you sure1 ,doctor8 ,a4 ,yes4 ,,mr4 ,,hardy3 ,at this time1 your ,honor1 ,i offer ,document ,,no-#aaih as ,prosecution ,exhibit #dff1 for identification4 ,this is a letter dated ,berlin1 #bd ,august #aidd4 ,subject3 ,service of experiments4 ,it has reference-file indexes1 addressed to the chief hygienist on the staff of the ,reich ,physician ,,ss and ,police1 ,berlin-,zehlendorf3 8,dear ,mrugowsky1 8,i am able to inform you that the ,reich ,leader ,,ss has approved today the series of experiments proposed by you4 8#a4 ,specific therapy with typhus4 8#b4 ,tolerance of sera containing phenol4 8,i agree that both series of experiments in the department for typhus and virus research of the ,hygienic ,institute of the ,waffen ,,ss in ,weimar-,buchenwald should be carried out1 and request that ,i be informed of the course of the findings1 perhaps through intermediary reports40 8,by order of ,grawitz40 ,the signature is 8,,nicolai04 ,q4 ,now this states that the ,reich ,leader ,,ss has approved a series of experiments proposed by you and the experiments may be carried out in ,buchenwald4 ,you stated that you never proposed experiments to determine the tolerance of sera containing phenol4 ,now do you maintain1 ,doctor1 that you never initiated any experimentation to determine the tolerance of sera containing phenol8 ,a4 ,yes4 ,the connection here is something quite different4 ,i shall discuss point two first4 ,i have already said that in ,germany there were no sera without phenol4 ,in connection with this phenol question in ,german serum1 ,i informed ,grawitz about the question which is being discussed here--,killian and ,schreiber were present--and ,i told him that industry should try to produce sera without phenol1 as the ,french serum industry had been doing for some time4 ,i knew that suggestions to that effect had been sent to the industry1 but that the ,german serum industry had refused1 during the war1 to effect any such basic change in its production because it was not in a position to obtain the necessary special apparatus1 filters1 etc4 ,i therefore told ,grawitz that in serum therapy for ordinary diseases--,i was thinking primarily of diphtheria1 where large quantities of serum were used at the time in the therapy against diphtheria once it had broken out1 because the highly concentrated serum was no longer available in necessary quantities--,i told him that in the case of such diseases one should watch to see whether injury from phenol might result4 ,i told him also that it would be desirable to know whether serum without phenol would definitely prevent such shock4 ,i also remember that this point too had connection with the fact that we had negotiated with the ,behring ,works for the production of serum frequently in small quantities in order to use it1 and to compare it with other serum4 ,if ,i remember correctly this involved diphtheria serum1 that is the serum which is used most in ,germany4 ,the comparison was to be made of symptoms following the administration of the usual antidiphtheria serum containing phenol on children1 and it was to be noted whether the symptoms would appear2 and the symptoms following the administration of serum free of phenol were also to be noted4 ,this was what ,grawitz meant here1 and he called that a series of experiments4 ,i might point out that this expressed series of experiments in this case cannot refer to artificial infection1 because it is not possible to have a human being artificially infected with diphtheria serum4 ,q4 ,doctor1 after receiving this confirmation of your proposals to perform experiments as outlined in this letter1 you must have issued orders in that regard4 ,now to whom did you issue those orders8 ,a4 ,no4 ,i did not issue any orders4 ,in my opinion this concerns activities of some civilian hospitals2 for among the troops1 and in concentration camps1 we did not have any diphtheria patients4 ,q4 ,just a moment1 ,doctor4 ,but it is said in this letter that ,grawitz agrees that these experiments can be carried out in the ,department for ,typhus and ,virus ,research of the ,hygiene ,institute of the ,waffen ,,ss in ,weimar-,buchenwald4 ,did you or did you not carry out these experiments in ,weimar-,buchenwald8 ,a4 ,no4 ,q4 ,never issued any orders to carry out such experiments to ,ding1 for instance8 ,a4 ,i have already explained what this series of experiments means4 ,it is possible that ,i suggested1 for example1 that he was to vaccinate one child with one kind of serum and another child with another serum4 ,that is possible2 ,i don't remember about that4 ,but to try out serum containing phenol on human beings1 that ,i did not order4 99 99 99 ----- #hj ,complete testimony is recorded in mimeographed transcript1 #bg1 #bh1 #ca ,mar and #b1 #c ,apr #aidg1 pp4 #ejjj-ebdd1 #eccd-edfd4 #ae4 ,,experiments ,,for ,,mass ,,sterilization a4 ,introduction ,the defendants ,karl ,brandt1 ,gebhardt1 ,rudolf ,brandt1 ,mrugowsky1 ,poppendick1 ,brack1 ,pokorny1 and ,oberheuser were charged with special responsibility for and participation in criminal conduct involving sterilization experiments 7par4 #f 7,i7 of the indictment74 ,in the course of the trial the prosecution withdrew this charge in the case of the defendants ,mrugowsky and ,oberheuser4 ,on this charge the defendants ,gebhardt1 ,rudolf ,brandt1 and ,brack were convicted1 and the defendants ,karl ,brandt1 ,poppendick1 and ,pokorny were acquitted4 ,the prosecution's summation of the evidence on the experiments for mass sterilization is contained in its closing brief against the defendant ,rudolf ,brandt4 ,an extract from this brief is set forth below on pages #fie to #gjb4 ,a corresponding summation of the evidence by the defense on these experiments has been selected from the final plea for the defendant ,gebhardt and closing brief for the defendant ,pokorny4 ,it appears below on pages #gjb to #gjh4 ,this argumentation is followed by selections from the evidence on pages #gaj to #gch4 b4 ,selection from the ,argumentation of the ,prosecution ,,extract ,,from ,,the ,,closing ,,brief ,,against ,,defendant ,,rudolf ,,brandt ,sterilization ,experiments ,by #aida it was the accepted policy of the ,third ,reich to exterminate the ,jewish population of ,germany and the occupied countries4#ha ,because of the pressing need for laborers1 sterilization of ,jews able to work was considered as an alternative to outright extermination4 7,,no-#bje1 ,pros4 ,ex4 #afc47 ,in order to ascertain cheap and fast working methods for sterilization1 experimentation on concentration camp inmates by means of drugs 7,,no-#jcf1 ,pros4 ,ex4 #adc71 injection of an irritating solution 7,,no-#bab1 ,pros4 ,ex4 #agc7 and ,x-rays and surgical operation 7,tr4 pp4 #eef-i7 were carried out on a large scale4 ,brandt not only had full knowledge of these experiments1 but collaborated actively in all of them4 ,the purpose of the sterilization experiments is well described by ,brandt in his own affidavit3 8,himmler was extremely interested in the development of a cheap and rapid sterilization method which could be used against enemies of ,germany1 such as the ,russians1 ,poles1 and ,jews4 ,one hoped thereby not only to defeat the enemy but to exterminate him4 ,the capacity for work of the sterilized persons could be exploited by ,germany1 while the danger of propagation would be eliminated4 ,as this mass sterilization was part of ,himmler's racial theory1 particular time and care were devoted to these sterilization experiments4 ,surgical sterilization was of course known in ,germany and applied2 this included castration4 ,for mass application1 however1 this procedure was considered as too slow and too expensive4 ,it was further desired that a procedure be found which would result in sterilization that was not immediately noticeable40 7,,no-#ddj1 ,pros4 ,ex4 #ada47 ,sterilization experiments in order to ascertain the efficacy of a drug known as caladium seguinum 7,schweigrohr7 were suggested to ,himmler by the defendant ,pokorny in ,october #aida4 ,pokorny reported that ,dr4 ,madaus had found1 as a result of his research on medical sterilization of animals1 that caladium seguinum produced sterility in animals when administered orally or by injection4 ,pokorny further stated in his letter that3 899 99 99 the immense importance of this drug in the present fight of our people occurred to me4 ,if1 on the basis1 of this research1 it were possible to produce a drug which after a relatively short time effects an imperceptible sterilization on human beings1 then we would have a new powerful weapon at our disposal4 ,the thought alone that the #c million ,bolsheviks1 at present ,german prisoners1 could be sterilized so that they could be used as laborers but be prevented from reproduction1 opens the most far reaching perspectives40 ,he therefore advocated immediate research on human beings in order to determine the dose and length of treatment1 the cultivation of the plant caladium seguinum in hothouses1 and chemical research in order to produce the drug synthetically on a large scale4 7,,no-#jce1 ,pros4 ,ex4 #adb47 ,himmler agreed to ,pokorny's suggestions and requested ,pohl1 on #aj ,march #aidb1 to contact ,dr4 ,madaus and to 8offer him possibilities for doing research in cooperation with the ,reich ,physician ,,ss 7,grawitz7 on criminals who would have to be sterilized in any case40 ,he further ordered that the intended plan of research should be submitted to him4 ,it was the defendant ,rudolf ,brandt who forwarded a copy of this letter to ,grawitz 7,,no-#jcf1 ,pros4 ,ex4 #adc7 and furnished him1 on #bj ,april1 with a copy of ,pokorny's report and information on the publications of ,madaus concerning medicinal sterilization of animals4 7,,no-#jcg1 ,pros4 ,ex4 #adf47 ,brandt's office submitted ,madaus' report on the studies of experiments on animals to ,,ss ,obergruppenfuehrer ,heydrich1 ,chief of the ,security ,police and ,,sd4 ,the letter of transmittal1 dated #bc ,april #aidb1 bears the same file number as ,himmler's letter to ,pohl 7#geb_/e7 and refers expressly to 8the question of sterilization by medicine40 7,,no-#jdg1 ,pros4 ,ex4 #ade47 ,in ,june #aidb ,brandt requested a report from ,pohl1 ,chief of the ,,wvha1 as to the progress of the preparation for experiments4 7,,no-#jch1 ,pros4 ,ex4 #adg47 ,pohl reported on #c ,june #aidb that since 8,schweigrohr10 from which caladium seguinum was derived1 grew only in ,north ,america and could not be exported in adequate quantities1 attempts to grow the plant from seed cultivated in hothouses had been made by ,dr4 ,koch of the ,biological ,institute of the ,madaus ,works4 ,these attempts had been successful1 but the process of growing the plant and developing the drug was not speedy enough and the yield not sufficient to permit experimentation on a large scale4 ,in order to remove these difficulties1 he said that it would be necessary to build a larger hothouse4 7,,no-#jdf;a1 ,pros4 ,ex4 #adh47 ,on #aa ,june1 ,brandt advised ,pohl that he had informed ,himmler of his letter and that ,himmler wanted ,pohl to see to it that a large hothouse was placed at ,dr4 ,koch's disposal as soon as possible as ,himmler considered the experiments extremely important4 ,brandt also asked ,pohl for further reports in the matter4 7,,no-#jdf;b1 ,pros4 ,ex4 #adi47 ,only eight days later ,brandt himself had a conference with ,pohl in which1 among other things1 he informed ,pohl of ,himmler's request to have the ingredients of caladium seguinum thoroughly investigated to determine whether equally effective ingredients could be found in plants more easily accessible4 ,brandt requested that the work of ,dr4 ,koch should be carried out to the fullest extent4 ,he informed ,pohl that experiments should be conducted in concentration camps with the amount of the drug then available4 ,pohl agreed to take the necessary steps at once4 7,,no-#jdd1 ,pros1 ,ex4 #aej47 ,department ,,iv-,b-#d of the ,reich ,security ,main ,office1 the agency which was in charge of the solution of the ,jewish question#hb was informed by a subordinate of ,brandt about ,madaus' research work and requested to collaborate closely with ,pohl in this matter4 7,,no-#jej1 ,pros4 ,ex4 #aea47 ,a copy of this letter was forwarded to the defendant ,rudolf ,brandt4 7,,no-#jea1 ,pros4 ,ex4 #aeb47 ,the ,deputy ,gauleiter of ,gau ,lower ,danube 7,lower ,austria71 ,,ss ,obergruppenfuehrer ,gerland1 informed ,himmler on #bd ,august #aidb that the ,director of the ,office for ,racial ,policy in that province1 ,dr4 ,fehringer1 had examined the question of mass sterilization and1 in this connection1 had come across ,dr4 ,madaus' studies on medicinal sterilization with caladium seguinum4 ,for reasons similar to those suggested by the defendant ,pokorny 7,,no-#jce1 ,pros4 ,ex4 #adb71 ,gerland advocated experimentation on inmates of the gypsy camp of ,lackenbach in ,gau ,lower ,danube4 ,gerland pointed out that if these experiments were successful1 as was expected1 it would be possible to sterilize practically unlimited numbers of people in the shortest time and in the simplest way conceivable4 7,,no-#jci1 ,pros4 ,ex4 #aec47 ,it was the defendant ,rudolf ,brandt who took the matter up and informed ,gerland on #bi ,august of the steps which had already been taken in respect to experiments with caladium seguinum4 ,from ,brandt's letter1 it is apparent that ,himmler was not present at that time4 ,brandt took care of this matter on his own initiative and informed ,gerland that ,pohl and ,grawitz were in charge of the experiments4 ,he requested information from ,gerland whether ,dr4 ,fehringer had caladium seguinum available and what means for the procurement of this plant the latter would suggest4 7,,no-#jdj1 ,pros4 ,ex4 #aed47 ,copies of ,gerland's letter were forwarded by ,brandt to ,pohl and ,grawitz4 ,on #g ,september #aidb1 ,pohl gave ,gerland further details and informed him that he and ,dr4 ,lolling were personally supervising the experiments4 ,pohl1 in turn1 sent copies of this letter to ,rudolf ,brandt and ,grawitz4 ,in the covering letter to ,brandt1 ,pohl informed him that he had been to the ,madaus ,works to convince himself of the progress of the experiments and that ,dr4 ,lolling would cooperate in them4 ,an agreement had been reached with ,madaus 8to transfer the experiments to our concentration camps as soon as possible40 7,,no-#jda1 ,pros4 ,ex4 #aef47 ,on #ad ,october #aidb1 ,gerland wrote to ,rudolf ,brandt and informed him of the letter he had received from ,pohl4 ,he stated that he considered ,dr4 ,fehringer's suggestion to use inmates of the gypsy camp of ,lackenbach as obsolete1 as ,pohl had informed him that ,lolling was already collaborating with the ,biological ,institute of ,madaus4 ,he further advised ,brandt that ,fehringer was of the opinion that it was quite possible to produce caladium seguinum chemically or have the plant cultivated in hothouses to an extent which would be sufficient for experimental purposes4 ,he also suggested collaboration between ,lolling and ,fehringer4 7,,no-#jdc1 ,pros4 ,ex4 #aeg47 ,brandt's reply of #be ,october reveals that he1 on his own initiative in ,himmler's absence1 agreed to the collaboration between ,fehringer and ,lolling4 7,,no-#jdi1 ,pros4 ,ex4 #aei47 ,brandt sent copies of ,gerland's letter of #ad ,october 7,,no-#jdc1 ,pros4 ,ex4 #aeg7 and his reply 7,,no-#jdi1 ,pros4 ,ex4 #aei7 to ,pohl4 ,in his covering letter to ,pohl he expressed the conviction that in spite of the fact that he could not consult ,himmler1 he was convinced that the latter would certainly welcome experiments to produce caladium seguinum synthetically4 ,he asked ,pohl to arrange for a contact between ,lolling and ,fehringer4 7,,no-#jdh1 ,pros4 ,ex4 #aeh47 ,there is no reasonable doubt that the sterilization experiments with caladium seguinum were1 in fact1 carried out on concentration camp inmates4 ,himmler1 who was the highest authority to decide such questions1 not only gave his consent to these experiments 7,,no-#jcf1 ,pros4 ,ex4 #adc7 but considered them 8extremely important0 7,,no-#jdf;b1 ,pros4 ,ex4 #adi7 and requested that they should be carried out in the concentration camps in any case4 7,,no-#jdd1 ,pros4 ,ex4 #aej47 ,pohl1 who was in charge of the administration of the concentration camps1 agreed upon the request of ,brandt to take the necessary steps immediately4 7,,no-#jdd1 ,pros4 ,ex4 #aej47 ,there can be no doubt that ,department ,,iv-,b-#d of the ,reich ,security ,main ,office1 which was charged with the solution of the ,jewish question1 was informed about ,madaus' research work for the purpose of furnishing the necessary ,jewish victims for the experiments4 ,the collaboration of ,dr4 ,lolling1 who was the doctor in charge of all concentration camps1 can only be explained in connection with experimentation in these camps4 ,this is also clear from ,gerland's letter to ,brandt3 8,,ss ,obergruppenfuehrer ,pohl has informed me that the doctor of his ,main ,office is already collaborating with the ,madaus ,biological ,institute for research on the effects of caladium seguinum1 so that the suggestion of my ,district ,main ,office ,leader1 ,dr4 ,fehringer1 becomes obsolete40 ,emphasis added4 7,,no-#jdc1 ,pros4 ,ex4 #aeg47 ,it can only be concluded that ,pohl and ,lolling carried out the experiments in concentration camps as was agreed upon between them1 ,himmler1 ,brandt1 and ,madaus4 7,,no-#jdc1 ,pros4 ,ex4 #aeg47 ,moreover1 ,brandt himself admitted in his affidavit that experiments with caladium seguinum on human beings were performed in concentration camps3 8,as result of ,pokorny's suggestion experiments were conducted upon concentration camp prisoners in order to test the effect of the drug4 ,simultaneously all efforts were made to cultivate the plant in large quantities4 ,oswald ,pohl1 ,chief of the ,economic and ,administrative ,main ,office1 took a personal interest in this matter4 ,hothouses were used1 with a certain amount of success1 to cultivate this plant1 and the experiments were continued40 7,,no-#ddj1 ,pros4 ,ex4 #ada47 ,on #cj ,may #aidb1 ,dr4 ,clauberg wrote to ,himmler asking his support on sterilization experiments on female concentration camp inmates4 7,,no-#baa1 ,pros4 ,ex4 #afi47 ,on #d ,june the defendant ,poppendick forwarded to ,rudolf ,brandt a list of doctors who were authorized to carry out sterilization4 ,clauberg is listed among these doctors4 7,,no-#bad1 ,pros4 ,ex4 #afh47 ,on #g and #h ,july1 a conference took place between ,himmler1 ,gebhardt1 ,gluecks1 and ,clauberg4 ,the topic of discussion was the sterilization of ,jewesses4 ,clauberg was promised by ,himmler that the ,auschwitz concentration camp would be placed at his disposal for experiments on human beings4 ,he was assigned the task of performing experiments to test a method of sterilizing persons without their knowledge4 ,he was ordered to report on this matter as soon as possible so that measures could be taken 8for the practical realization of the sterilizations on a larger scale04 ,it was suggested that ,hohlfelder be consulted on the sterilization of men by ,x-rays4 ,the participants in the conference were admonished that these experiments were a matter of utmost secrecy4 ,rudolf ,brandt denied having been present at this conference4 ,be that as it may1 one of the two file memoranda which reveal complete knowledge of all details discussed in this conference was dictated by ,brandt 7,,no-#bae1 ,pros4 ,ex4 #agb71 and the other was signed by him4 7,,no-#baf1 ,pros4 ,ex4 #agj47 ,on #aj ,july #aidb1 ,rudolf ,brandt wrote a letter to ,clauberg in which he informed him of the details of his assignment and the plans for the execution of the experiments4 ,clauberg was ordered to report to ,himmler on how long it would take to sterilize1 a thousand ,jewesses by his method4 ,it was suggested that ,clauberg should contact ,pohl and a camp physician of the ,ravensbrueck concentration camp in order to perform there his sterilization experiments4 ,brandt stated further3 8,thorough experiments should be conducted to investigate the effect of the sterilization1 largely in a way that you could find out after a certain time1 which would have to be fixed1 perhaps by ,x-rays1 what kind of changes have taken place4 ,in some cases a practical experiment might be arranged by locking up a ,jewess and a ,jew together for a certain period and then seeing what results are achieved4 8,i ask you to let me know your opinion about my letter for the information of the ,reich ,leader ,,ss40 ,emphasis added4 7,,no-#bac1 ,pros4 ,ex4 #aga47 ,copies of this letter were sent by ,brandt to ,pohl1 ,grawitz1 ,,ss ,sturmbannfuehrer ,koegel of the ,economic and ,administrative ,main ,office1 and to ,gruppenfuehrer ,mueller of the ,reich ,security ,main ,office4 ,on #g ,june #aidc1 ,clauberg was able to report1 on the basis of his experiments1 that it would be possible to sterilize several hundred1 if not a thousand1 per day by his methods4 ,he stated that sterilization could be 8performed by a single injection made from the entrance of the uterus in the course of the usual customary gynecological examination04 7,,no-#bab1 ,pros4 ,ex4 #agc47 ,the sterilization experiments of ,clauberg were1 in fact1 carried out in the ,auschwitz concentration camp4 ,brandt communicated with ,clauberg on this matter again on #ai ,june and #bb ,july #aidc4 ,while these two letters are not available1 it is clear from ,clauberg's reply to ,brandt1 dated #f ,august1 that these communications were reminders to ,clauberg to expedite his experimentation4 ,in his reply1 ,clauberg stated3 8,i really do need the second ,x-ray installation--,i can give you the explanation only by word of mouth--at any rate the probability exists that even more of the installations will be needed later on 7it depends on1 the application of my results the moment these are determined74 ,for ,i can get the installation without further difficulties1 that is1 it is #8waiting' for me--really ,i have got it already6 8,i had an opportunity to acquire one myself and ,i quickly laid hands on it1 and the installation has been set up for some weeks4 ,but what ,i care for is the following3 8,i urgently need this installation here in ,koenigshuette for my contrary 7positive7 research4 ,but ,i cannot spare it in ,auschwitz until ,i get a second installation from the ,waffen ,,ss4 ,if ,i may tell you something between ourselves--the fact is that ,i will be able to replace my own existing installation provided the ,reich ,leader ,,ss will give me his approval4 ,i would not bother either him or you with this unless it were really necessary40 7,,no-#baj1 ,pros4 ,ex4 #agd47 ,brandt himself admitted in his affidavit that ,clauberg did carry out sterilization experiments in the ,auschwitz concentration camp on a large scale4 ,he stated3 8,dr4 ,clauberg developed further a method for the sterilization of women4 ,this method was based upon the injection of an irritating solution into the uterus4 ,clauberg conducted widespread experiments on ,jewish women and gypsies in the ,auschwitz concentration camp4 ,several thousand women were sterilized by ,clauberg in ,auschwitz40 7,,no-#ddj1 ,pros4 ,ex4 #ada47 ,sterilization of ,jews by means of ,x-rays was suggested to ,himmler by the defendant ,brack in the spring of #aida4 7,,no-#dbf1 ,pros4 ,ex4 #afj47 ,himmler requested ,brack to investigate with some of the physicians who were active in the euthanasia program1 the possibility of sterilization which would keep the victims unaware of their terrible fate4 7,tr4 p4 #gdhd47 ,on #bh ,march #aida1 ,brack forwarded to ,himmler a report of the results of experiments concerning ,x-ray castrations in which he stated that mass sterilization by means of ,x-rays could be carried out without difficulty4 ,brack estimated that with twenty ,x-ray installations1 sterilization of #c1jjj to #d1jjj victims could be carried out daily4 7,,no-#bjc1 ,pros4 ,ex4 #afa47 ,on #ab ,may #aida a subordinate of ,brandt1 ,,ss ,sturmbannfuehrer ,tiefenbacher1 acknowledged receipt of ,brack's report and sent a copy to the ,chief of the ,security ,police and ,,sd1 ,heydrich4 7,,no-#bjd1 ,pros4 ,ex4 #afb47 ,the invasion of ,russia began in the summer of #aida and ,brack's proposal was not acted on immediately1 but on #bc ,june #aidb1 when ,germany appeared to be on the verge of victory1 ,brack again wrote to ,himmler suggesting the sterilization of ,jews who were able to work4 ,jews unable to work were being exterminated4 7,,no-#bje1 ,pros4 ,ex4 #afc47 ,himmler wrote to ,brack on #aa ,august #aidb that further experiments to ascertain the effectiveness of ,x-ray sterilization should be carried out on concentration camp inmates by expert physicians who were to be furnished by ,brack's chief1 ,bouhler4 ,rudolf ,brandt sent copies of this letter to ,pohl and ,grawitz in order to put ,himmler's decision into effect4 7,,no-#bjf1 ,pros4 ,ex4 #afd47 ,brack ordered his deputy1 ,blankenburg1 to contact the chiefs of the concentration camps for this purpose4 ,blankenburg's letter1 which communicated this fact to ,himmler1 was received by ,brandt's office on #ae ,august #aidb4 7,,no-#bjg1 ,pros4 ,ex4 #afe47 ,as a result1 experiments on inmates in the ,auschwitz concentration camp were carried out by ,dr4 ,schumann4 7,,no-#bjh1 ,pros4 ,ex4 #aff47 ,one of the victims of these atrocious experiments who1 after having been subjected to severe doses of ,x-ray in the genital area1 was castrated by operation in order to determine the effects of the ,x-ray4 7,tr4 p4 #eda47 ,at least #ajj involuntary experimental subjects--,poles1 ,russians1 ,french1 and prisoners of war--were used for these experiments4 ,only young1 well-built inmates1 in the best of health1 were selected for them4 7,tr4 pp4 #eef-g47 ,nearly all the victims of these experiments were exterminated as the severe ,x-ray burns made them incapable of working4 7,tr4 p4 #eeg2 ,tr4 p4 #edc47 ,brandt admitted in his pretrial affidavit that 8sterilization experiments were likewise conducted with ,x-rays4 ,dr4 ,schumann applied this procedure in ,auschwitz and sterilized a number of men40 7,,no-#ddj1 ,pros4 ,ex4 #ada47 99 99 99 99 99 c4 ,selection from the ,argumentation of the ,defense ,,extract ,,from ,,the ,,final ,,plea ,,for ,,defendant ,,gebhardt#hc 99 99 99 99 99 ,the ,sterilization ,experiments ,the defendant ,gebhardt is also accused of special responsibility for these experiments and of participation in them4 ,the evidence1 however1 proved that this contention of the indictment is not true4 ,first of all it should be pointed out that the life work of the defendant ,gebhardt as a physician was based on the principle of helping the physically and mentally affected and to find cures for restoring them as fully qualified members of human society4 ,that was the reason for the establishment of the training camp ,hohenaschau in the lower ,alps of ,bavaria1 which was repeatedly mentioned in the evidence4 ,he also made this principle the finding principle of his work as chief physician of the hospital at ,hohenlychen4 ,the defendant ,gebhardt did not hold the opinion that a sound population policy could be realized by negative measures only2 on the contrary1 he was convinced that the faculties of physically and mentally handicapped patients ought to be improved by new methods of treatment and their efficiency thus increased4 ,he applied these principles not only in his rehabilitation surgery dealing with injuries but also in the cure of hereditary physical defects4 ,i am here referring to the affidavits of ,professor ,dr4 ,iseling1 ,professor ,dr4 ,buerkle de la ,camp1 and of the ,generalarzt1 ,dr4 von ,heuss4 7,gebhardt #g1 ,gebhardt ,ex4 #a2 ,gebhardt #h1 ,gebhardt ,ex4 #b2 ,gebhardt #i1 ,gebhardt ,ex4 #c47 ,i further refer to the affidavits presented in court as exhibits in volume ,,ii of my document books4 ,all these witnesses' affidavits in connection with the defendant's own statements make it obvious that his medical attitude was not based on the principle of negative selection and the destruction of unworthy lives or the prevention of propagation of such human beings but1 on the contrary1 that he was led by the conviction that these human beings must be helped insofar as medical science was able to help them at all4 ,in their presentation of evidence1 the prosecution presented documents concerned with the sterilization experiments4 ,it is obvious from these documents that three different methods of quick and simple sterilization had been considered4 ,the first experiments were supposed to be carried out with caladium seguinum4 ,the documents presented in this connection proved clearly that the defendant ,gebhardt had nothing to do with this matter and that he apparently had no knowledge of it4 ,may ,i1 as a matter of precaution1 point out the following3 to start with1 ,i wish to refer to the letter of ,reich ,leader ,,ss ,himmler to ,,ss ,obergruppenfuehrer ,pohl of #aj ,march #aidb1 which proves that the experiments with caladium seguinum were supposed to be carried out on criminals whose sterilization had been ordered before that anyway4 7,,no-#jcf1 ,pros4 ,ex4 #adc47 ,in this connection ,i should like to point out that the ,german ,penal ,code expressly provides in certain cases for compulsory sterilization and castration of certain types of criminals4 ,the experiments in themselves1 therefore1 need not be contrary to the law4 ,from the other documents presented by the prosecution it is1 however1 to be seen that the plans to carry out sterilizations with caladium seguinum were dropped4 ,it turned out that a cultivation of this plant1 or at least of a quantity adequate for experimental purposes was impossible4 ,from the evidence presented by the prosecution it is obvious that it only came to preparatory measures which1 according to generally acknowledged principles1 cannot be considered punishable4 ,the second part of the documents deals with sterilization by ,x-rays4 ,the prosecution presented no evidence from which it can be concluded that the defendant ,gebhardt had knowledge of this matter4 ,finally1 the third part of the documents deals with sterilization experiments conforming with the methods of ,professor ,dr4 ,clauberg4 ,from ,professor ,dr4 ,clauberg's letter to the ,reich ,leader ,,ss ,himmler dated #cj ,may #aidb presented by the prosecution as evidence1 it is obvious that the initiative for these experiments and the methods used originated exclusively with ,professor ,clauberg himself4 ,in this connection1 it must be pointed out that it was quite obvious that ,professor ,clauberg's intention was not only to develop the simplest possible method of sterilization1 but that he aimed at the establishment of an all-inclusive 8,research ,institute for ,propagation ,biology0 with due consideration for the demands of a positive population policy4 ,this is demonstrated among other things by the content of ,document ,,no-#baa1 ,prosecution ,exhibit #afi1 and the plan for this research institute attached to that document4 ,in the course of evidence and referring to the sterilization experiments1 the prosecution has submitted two file notes of the defendant ,rudolf ,brandt 7,,no-#baf1 ,pros4 ,ex4 #agj2 ,,no-#bae1 ,pros4 ,ex4 #agb7 which refer to a discussion with the ,reich ,leader ,,ss on #g ,july #aidb and #h ,july #aidb1 in which the defendant ,gebhardt had participated4 ,the evidence has shown that these are two file notes which refer to the same discussion4 ,the evidence1 however1 has further demonstrated that this was the very discussion during which the conditions were established under which the sulfanilamide experiments were to be carried out4 ,this was the reason why the defendant ,gebhardt took part in this discussion at all4 ,the defendant ,rudolf ,brandt who had written these file notes did not participate in the discussion1 and obviously the file notes were made due to some remarks made by ,reich ,leader ,,ss ,himmler to the defendant ,brandt following the discussion4 ,the fact that the defendant ,gebhardt had nothing whatsoever to do with these sterilization experiments is also demonstrated by another document which was also introduced as evidence by the prosecution4 ,i refer in this connection to the letter which the defendant ,brandt by order of the ,reich ,leader ,,ss sent to ,professor ,clauberg on #aj ,july #aidb1 that is1 a few days after the discussion mentioned4 ,this letter has been submitted to the ,tribunal by the prosecution4 7,,no-#bac1 ,pros4 ,ex4 #aga47 ,copies of this letter were sent to ,,ss ,obergruppenfuehrer ,pohl1 to ,,ss ,gruppenfuehrer ,grawitz in his capacity as ,reich ,physician ,,ss and to two other offices1 but not to the defendant ,gebhardt4 ,there can be no doubt that a copy of this letter would have been sent to this defendant1 too1 if his participation in ,clauberg's experiments would have been decided upon or even considered in any form4 ,this seems to be the more impossible1 apart from the reasons already given1 since the defendant ,gebhardt at no time concerned himself with sterilization problems4 ,in this connection it is necessary to refer briefly to the affidavit of the defendant ,rudolf ,brandt1 of #ai ,october #aidf1 which has been introduced by the prosecution and in which it is asserted among other things that 8,dr4 ,karl ,gebhardt apparently performed surgical sterilization at the ,ravensbrueck camp40 7,,no-#ddj1 ,pros4 ,ex4 #ada47 ,by the wording of this affidavit it is already demonstrated that here only an assumption is stated4 ,the defendant ,rudolf ,brandt could not state any facts on which he could base this assumption4 ,in view of the other result of the evidence1 and above all because of ,rudolf ,brandt's own statements1 no substantial value can be attached to this affidavit4 ,in these circumstances it will be useless to discuss this question any further1 especially also in view of the fact that surgical sterilization offers no problems and that it is difficult to understand what reasons the defendant ,gebhardt could have had to work on this field which was quite foreign to him4 99 99 99 99 99 ,,extracts ,,from ,,the ,,closing ,,brief ,,for ,,defendant ,,pokorny 99 99 99 99 99 ,sterilization with caladium seguinum is impossible as is shown by the following opinions3 #a4 ,opinion of ,dr4 ,august ,wilhelm ,forst of the ,university of ,munich4 7,pokorny #bj1 ,pokorny ,ex4 #bh47 ,this opinion states3 8,apart from all these restrictions it appears to me that the whole idea cannot claim to have any actual significance1 since it would hardly have been possible to import tropical plants in large numbers to ,europe during the war and to work out a rational method for production of the effective substance as well as the initiation of animal experiments on a broad basis4 ,this would have required disproportionally more time than was available up to the time when the war was lost40 #b4 ,opinion of ,professor ,dr4 ,helmuth ,weese1 ,director of the ,pharmacological ,institute of the ,medical ,academy in ,duesseldorf4 7,pokorny #ai1 ,pokorny ,ex4 #bg47 ,this opinion states3 8,asked whether it can be assumed that after studying the work of ,g4 ,madaus and ,dr4 ,e4 ,koch1 #8,studies in ,animal ,experiments concerning ,medical ,sterilization by ,caladium ,seguinum' in the ,journal of ,experimental ,medicine1 page #fh1 #aida1 a doctor can come to the conclusion that he can sterilize human beings with caladium seguinum1 ,i have the following comment3 8,in the research mentioned it was proved that the authors managed to sterilize rats by feeding them with the juice of caladium seguinum4 ,the proof is not only given by pairing experiments but by anatomical examinations4 ,in order to achieve this sterilization of female as well as of male rats weighing #aej-ahj grams1 daily doses of cubic centimeter for each rat had to be administered #cj-ej times and #dj-ij times1 respectively1 without assuring a certain result4 ,applied to a human being weighing #gj kilograms this would mean that #bjj grams of juice would have to be administered daily4 8,it is also proved in these examinations that a large number of the animals treated died from the poisonous effects of the caladium juice4 ,the juice has therefore no specific action on the reproductive system4 ,it is still completely unknown if these injurious complications are caused by the main substance of the juice or any other ingredients4 8,such nonspecific damage to the reproductive system in similar ways but with different substances is also observed in human beings1 for example as result of serious abuse of nicotine1 morphine1 etc41 where it also occurs only together with most severe harm to other functions4 8,the question arises for every doctor if these experiments on rats can be applied to human beings at all4 ,madaus and ,koch reject them on principle because they merely want to determine if the layman's belief about sterilizing men with large amounts of the caladium extract can be proved in animal experiments4 8,a prerequisite for the use of the caladium extract on human beings in our countries would be the cultivation in central ,europe of the ,south ,american caladium4 ,this appears extremely improbable to any student of natural science with the least experience4 ,even if it could be cultivated1 this would not prove that it would produce the same effective substances in sufficient quantities in our moderate climate4 8,because of the uncertain effect of the caladium extract1 its high toxicity1 the doubts as to its successful cultivation and use in our moderate climate1 ,i consider it extremely improbable that even a doctor with only average intelligence could in seriousness embark on an experiment to sterilize human beings with caladium extract4 ,no other convincing foundation on which the problem under discussion might be based besides the work of ,madaus and ,koch is known to me40 #c4 ,opinion of ,dr4 ,friedrich ,jung1 lecturer at the ,pharmacological ,institute of ,wuerzburg ,university4 7,pokorny #cj1 ,pokorny ,ex4 #cj47 ,this opinion states3 8,summary3 ,the findings of ,madaus and ,koch in their work #8,studies in ,animal ,experiments concerning ,medical ,sterilization by ,caladium ,seguinum' are certainly valid1 but they do not prove anything with regard to a specific sterilizing effect of caladium seguinum2 they are rather to be accepted as part of the general poisonous effect of the caladium extract4 ,one can therefore sterilize with caladium or achieve the effect of castration1 but not more and not less than one can sterilize by hunger1 vitamin deficiency1 infections1 psychic insults1 etc4 ,the experiments of ,madaus and ,koch are in no way conclusive with regard to human beings4 ,the symptoms on the sexual glands of the experimental animals are only a reversible partial symptom of a long lasting1 almost fatal1 serious injury to the entire organism1 and have no connection with an actual sterilization or castration4 ,dr4 ,pokorny's proposals based upon certain completely unfounded conclusions drawn from ,madaus' work can be recognized even by slightly educated men as quite apparently utopian40 #d4 ,the expert witness of the prosecution1 ,dr4 ,friedrich ,scheiffart1 writes 7,,no-#ccdg1 ,pros4 ,ex4 #edf73 8,the experimental sterilization by caladium seguinum is a scientifically interesting but1 in practice1 an unimportant addition to the group of pharmacological methods of sterilization1 which without exception in their totality have not gone beyond a certain theoretical interest40 ,the prosecution itself states 7,tr4 p4 #ebe73 8,the prosecution admits openly that it cannot prove that sterilization was actually brought about through this drug4 ,we have not been able to find anybody who has been actually sterilized by it4 ,but we maintain that it is nevertheless a crime4 ,we strongly hope that no permanent sterilization has been caused in any case with this drug4 ,however it is fortunate that the plants from which this substance was received could not be cultivated to a greater extent40 ,final ,summary of the ,defense3 ,nothing could or did occur with the caladium plant as the prosecution admits and as has completely been proved by the expert opinions4 ,in an affidavit by ,karl ,tauboeck 7,,no-#cifc1 ,pros4 ,ex4 #ebh7 the prosecution referred to the idea that sterilization with caladium seguinum is not an ideal one1 but a matter which lies well within the bounds of possibility4 ,the defense on the other hand contends that this affidavit is lacking in credibility because of the expert opinions4 ,the expert witness of the defense1 university lecturer ,dr4 ,friedrich ,jung1 in his enclosure to the expert opinion 7,pokorny #cj1 ,pokorny ,ex4 #cj7 comments as follows on ,karl ,tauboeck's affidavit3 8,concerning the person-- 8,dr4 ,tauboeck is1 according to his education1 a natural scientist with additional specialized studies in plant chemistry4 ,his medical education is confined to histology1 physiology1 physiological chemistry1 immunology1 and pharmacology4 ,by virtue of his education1 he calls himself #8a specialist in this field'1 i4 e41 in the field of medicamental sterilization4 ,i should like to stress the fact that the title #8specialist' in the field of sterilization presupposes considerable medical and in particular gynecological knowledge1 which generally may be acquired only in a complete study of medicine or a penetrating study over several years in the materia medica4 8,the affidavit of ,dr4 ,tauboeck in several places lacks that critical attitude which is so necessary in scientific questions1 especially if they are discussed under oath4 ,dr4 ,tauboeck states1 for example1 under point #e1 that caladium seguinum was used as a means of sterilization by the natives of ,brazil4 ,he calls this assertion of the ,indians1 which has been reported in literature1 a fact4 ,under point #f he calls the reports from ,brazil vague1 only to assert literally several lines further on that #8the ,brazilian natives have already reached castration effects with an arrow wound1 i4 e41 with an intramuscular injection'4 ,this assertion is not proved1 and is therefore1 in my opinion1 out of place in an affidavit4 ,furthermore ,dr4 ,tauboeck makes a large number of apodictic assertions1 for which he brings no direct proof whatever and which he tries to strengthen with the help of absolutely impermissible generalizations of the examples listed under points #g a-d4 ,such analogical conclusions are not permissible in a serious scientific explanation1 the more so since also the examples brought by him are by no means unobjectionable4 ,moreover1 ,dr4 ,tauboeck1 under point #h1 draws a conclusion from the experiments by ,madaus and ,koch1 which can only be based on an insufficient knowledge of these experiments4 ,he writes literally3 #8,this bitter substance was lacking in the plants of the firm ,madaus1 the use of the pressed juice for feeding was accomplished there without any irritation of the pharyngeal mucous membranes or the tongue4' ,according to the evidence on hand1 ,madaus and ,koch administered the pressed juice through probing1 no doubt in order to avoid this very irritation4 8,these findings may be further enlarged upon by attentive reading of ,dr4 ,tauboeck's statement4 ,i1 therefore1 do not consider ,dr4 ,tauboeck to be qualified as a scientific expert in this question40 99 99 99 99 99 ,conclusion of the ,defense3 ,the affidavit of ,karl ,tauboeck produced at the end of the case-in-chief cannot alter the fact that it is impossible to sterilize or castrate human beings with caladium seguinum4 d4 ,evidence ,prosecution ,documents ,pros4 ,ex4 ,doc4 ,no4 ,no4 ,description of ,document ,page ,,no-#cifc #ebh ,extracts from affidavit of ,karl ,wilhelm #gaj ,friedrich ,tauboeck1 #ah ,june #aidg1 concerning the development of1 and experiments with sterilization drugs4 ,,no-#jce #adb ,letter from ,pokorny to ,himmler1 ,october #aida1 #gac concerning a sterilization drug to be used against ,germany's enemies4 ,,no-#jcf #adc ,letter from ,himmler1 #aj ,march #aidb1 to ,pohl #gad 7initiated by ,rudolf ,brandt7 concerning a sterilization drug and suggesting further research on criminals4 ,,no-#jch #adg ,letter from ,rudolf ,brandt to ,pohl1 ,june #aidb1 #gae transmitting an inquiry by ,himmler as to the progress made with experiments for medical sterilization4 ,,no-#jdf;a #adh ,letter from ,pohl to ,himmler1 #c ,june #aidb1 #gaf concerning the development of a sterilization drug by the firm of ,dr4 ,madaus and ,co4 ,,no-#jdf;b #adi ,letter from ,rudolf ,brandt to ,pohl1 #aa ,june #gag #aidb1 asking him on behalf of ,himmler to set up a large hothouse for the development of a sterilization drug4 ,,no-#jci #aec ,letter from ,gund to ,himmler1 #bd ,august #aidb1 #gag concerning research in medical sterilization and development of sterilization drugs4 ,,no-#bjc #afa ,covering letter from ,brack to ,himmler1 #bh #gai ,march #aida1 with report on experiments concerning sterilization and castration by ,x-rays4 ,,no-#bje #afc ,letter from ,brack to ,himmler1 #bc ,june #aidb1 #gba proposing sterilization of two to three million ,jews4 ,,no-#bjf #afd ,letter from ,himmler 7countersigned by ,rudolf #gbb ,brandt71 #aa ,august #aidb1 addressed to ,brack1 concerning ,himmler's interest in sterilization experiments4 ,,no-#bjh #aff ,letter from ,blankenburg to ,himmler1 #bi ,april #gbc #aidd1 regarding employment of ,dr4 ,horst ,schumann on experiments concerning the influence of ,x-rays on human genital glands in connection with similar experiments conducted at concentration camp ,auschwitz4 ,,no-#baa #afi ,letter from ,professor ,clauberg to ,himmler1 #cj #gbd ,may #aidb 7referring to a letter from ,rudolf ,brandt71 concerning the urgency of research into biological propagation and sterilization without operation1 and draft of a 8,research ,institute for ,biological ,propagation40 ,,no-#baf #agj ,memorandum of ,rudolf ,brandt1 ,july #aidb1 on a #gbh discussion between ,himmler1 ,gebhardt1 ,gluecks1 and ,clauberg concerning sterilization experiments conducted on ,jewesses4 ,,no-#bac #aga ,letter from ,rudolf ,brandt to ,clauberg1 #aj ,july #gbi #aidb1 transmitting instructions of ,himmler to perform sterilizations on ,jewesses at concentration camp ,ravensbrueck4 ,,no-#bab #agc ,letter from ,professor ,clauberg to ,himmler1 #g #gcj ,june #aidc1 reporting on research in connection with the sterilization of women4 ,testimony ,extract from the testimony of the defendant ,viktor ,brack #gcb ,,translation ,,of ,,document ,,no-#cifc ,,prosecution ,,exhibit #ebh ,,extracts ,,from ,,affidavit ,,of ,,karl ,,wilhelm ,,friedrich ,,tauboeck1 #ah ,,june #aidg1 ,,concerning ,,the ,,development ,,of1 ,,and ,,experiments ,,with ,,sterilization ,,drugs ,i1 ,karl ,wilhelm ,friedrich ,tauboeck1 swear1 depose1 and state3 #a4 ,i was born on #ba ,september #aijd in ,josefstadt1 ,czechoslovakia4 ,i have been an ,austrian citizen all my life4 ,from #aiaj to #aiae ,i attended the elementary school in ,leitmeritz and ,pilsen1 ,czechoslovakia4 ,from #aiae to #aibc ,i attended the gymnasium 7high school7 in ,pilsen 7,czechoslovakia71 ,ljubljana 7,yugoslavia7 and ,klosterneuburg 7,austria74 ,in ,june #aibc ,i graduated from the ,klosterneuburg high school4 ,from #aibc to #aibe ,i studied natural science at the ,university of ,vienna1 ,austria1 specializing in plant physiology and chemistry4 ,in #aibe ,i studied at ,kiel 7,germany71 where ,i devoted myself mainly to problems of marine biology and bacteriology4 ,from #aibf to #aibg ,i again studied the above-mentioned natural science subjects in ,vienna 7,austria74 ,in ,december #aibg ,i was made ,doctor of ,philosophy with special distinction4 ,my thesis dealt with a problem concerning vegetable chemistry--urea in the plant world4 #b4 ,from #aibh to #aibi ,i was assistant in the ,institute of ,plant ,physiology of the ,university of ,vienna1 ,austria4 ,in this capacity ,i had to direct the practical studies of the students and was able to carry out my own research in the field of vegetable chemistry4 ,i also continued my studies there in the medical faculty of that ,university1 in several medical subjects1 especially in histology1 physiology1 physiological chemistry1 immunology1 and pharmacology4 ,these above-mentioned studies made it possible for me to be able to carry out independently tests on the efficacy of drugs in animal experiments4 #c4 ,from #aicj to #aide ,i was employed as a biochemist and botanist in the biological laboratory of the ,i4 ,g4 ,farbenindustrie ,a4 ,g4 at ,ludwigshafen_/,rhine4 ,i specialized there in drugs with particular effects on the animal and human organisms1 respectively4 ,through this work ,i invented various new remedies based on biology4 ,in particular ,i studied the question of animal poisons for many years and thus produced a new remedy for rheumatism4 ,i also worked on the question of the stimulant from the sensitive plant 7,mimosa pudica7 and similar substances effective in minimum quantities4 ,during the war years ,i worked on biochemical problems concerning agriculture and as a result of my work produced an improved fertilizer4 ,the ,i4 ,g4 ,farbenindustrie ,a4 ,g4 at ,ludwigshafen at ,rhine employed several hundred natural scientists and technicians4 ,since #aicg ,i was the senior specialist in vegetable chemistry there4 #d4 ,in the fall of #aidb1 ,i was instructed by the director of my laboratory1 ,dr4 ,mueller-,cunradi1 to devote my time to research on the effective substance from the plant caladium seguinum 7,schweigrohr74 ,at the beginning of ,november #aidb1 ,i was sent to ,dr4 ,schamberger of the ,research ,institute ,grunewald-,berlin for the purpose of obtaining further information4 ,the ,research ,institute ,grunewald was a cover name for a camouflaged ,,ss office4 ,the address was ,grunewald-,berlin1 ,delbrueckstrasse #f4 ,there ,i was told that this plant was to be used for sterilizing mental patients4 ,in order to obtain further information about the progress of experiments with caladium seguinum which had already taken place1 ,i had to visit the firm ,madaus in ,dresden-,radebeul1 together with ,dr4 ,schamberger and another ,,ss man4 ,this firm had already made animal experiments with this plant and published the results in a medical journal in #aida4 ,i was introduced to the firm ,madaus as ,dr4 ,weiss1 so that nobody should know that ,i was an employee of ,i4 ,g4 ,farben4 ,the senior pharmacologist of the firm ,madaus asked us3 ,you must be a commission from ,,ss ,obergruppenfuehrer ,pohl1 to which the ,,ss men replied 8yes04 ,the pharmacologist went on to tell us that a few days previously ,pohl himself had visited the firm ,madaus together with several other people and had mentioned the especial urgency of this work4 ,furthermore1 while visiting the firm ,madaus1 ,i checked all the equipment and experiments in the course of one day4 ,by careful examination of sections of mice and rats and of the histological preparations1 ,i was convinced that the publications of the firm ,madaus were perfectly true4 ,by this examination ,i1 as a specialist in this field1 gained the conviction that sterilization with caladium seguinum is no ,utopia1 but something which is quite within the bounds of possibility4 ,on the return journey from ,dresden to ,berlin1 the ,,ss men revealed to me that this research was being carried out on the express order of ,reich ,leader ,,ss ,himmler in order to suppress births among the eastern nations4 ,after this fact had been revealed to me ,i was sworn to secrecy4 ,i was furthermore informed at the ,research ,institute ,grunewald-,berlin that the first preparations were to be supplied as soon as possible1 as the ,reich ,leader ,,ss had ordered the testing of the new method on inmates of concentration camps to take place at once4 #e4 ,in order to point out the effectiveness and practical possibility of using caladium seguinum as a sterilization drug1 ,i would like first of all to go into the subject of the history of this plant4 ,before doing so1 however1 ,i would like to add that caladium seguinum is not considered a sterilization drug in the ordinary sense of the word1 but a castration drug4 ,this is evident from the fact that the experiments carried out by the firm ,madaus have clearly shown that a destruction of the sexual glands of the experimental animals occurred which is equivalent to the surgical removal of such glands4 ,caladium seguinum is a plant which comes from ,brazil4 ,as ,i know from the literature and the publications made by the firm ,madaus1 this plant has already been used by the ,brazilian natives as a means of sterilization of their enemies4 ,it was administered to the enemies either in food or in arrow wounds4 ,by this method of injection by arrows1 only relatively small portions of poison gained from caladium seguinum could have been administered1 as the wound produced by arrows may be compared with a large intramuscular injection4 ,from this fact1 as learned from literature1 results the conclusion that this poison1 if obtained by the correct process1 is effective even in very small doses4 ,this drug is described in literature as secret1 which shows that the enemy did not know that he was being sterilized4 #f4 ,inspired by this experience of the ,brazilian natives1 the firm ,madaus carried out their experiments on animals4 ,the results obtained by the firm ,madaus which ,i have seen with my own eyes confirm the effectiveness of caladium seguinum as a means of sterilization for human beings4 ,it was possible to doubt whether the caladium seguinum was actually effective according to the first rather vague reports coming from ,brazil before the experiments of the firm ,madaus had been carried out4 ,the experiments of ,madaus1 however1 have eliminated all doubts in this direction4 99 99 99 99 99 #aa4 ,as a result of all examples and explanations mentioned1 ,i am of the opinion that mass production of a castrating preparation from caladium seguinum in ,germany or in the ,german occupied countries is no dream1 but could easily have been put into practice4 ,another proof of the harmfulness of the caladium poison is the fact that the ,madaus examinations confirmed beyond doubt the castrative effect of caladium despite all the shortcomings already described4 ,all this made me realize at once the criminal character of such research and for this reason did not carry it out as far as my specific order was concerned4 ,the ,,ss1 however1 took a great interest in this matter4 ,i received my orders as an employee of the ,i4 ,g4 ,farbenindustrie from the ,chief of the ,security ,police1 first through the camouflaged office of the ,research ,institute ,grunewald-,berlin and later direct4 ,i know1 however1 that the firm ,madaus placed their orders through ,,ss ,obergruppenfuehrer ,pohl separately and ,i am not acquainted with the development of this matter4 ,i have read the above statement consisting of seven pages1 in ,german1 and declare it to be the whole truth to my best knowledge and belief4 ,i was given an opportunity of making alterations and amendments in the above statement4 ,i have made this statement of my own free will1 under no duress1 without promise of reward4 ,nuernberg1 #ah ,june #aidg4 ,signature ,,dr4 ,,karl ,,tauboeck ,,translation ,,of ,,document ,,no-#jce ,,prosecution ,,exhibit #adb ,,letter ,,from ,,pokorny ,,to ,,himmler1 ,,october #aida1 ,,concerning ,a ,,sterilization ,,drug ,,to ,,be ,,used ,,against ,,germany',s ,,enemies ,to the ,reich ,commissioner for the ,consolidation of ,german ,folkdom1 ,,ss ,h4 ,himmler1 ,chief of ,police1 ,berlin4 ,i beg you to turn your attention to the following arguments4 ,i have requested ,professor ,hoehn to forward this letter to you4 ,i have chosen this direct way to you in order to avoid the slower process through channels and the possibility of an indiscretion in regard to the eventually enormous importance of the ideas presented4 ,led by the idea that the enemy must not only be conquered but destroyed1 ,i feel obliged to present to you1 as the ,reich ,commissioner for the ,consolidation of ,german ,folkdom1 the following3 ,dr4 ,madaus published the result of his research on a medicinal sterilization 7both articles are enclosed74 ,reading these articles1 the immense importance of this drug in the present fight of our people occurred to me4 ,if1 on the basis of this research1 it were possible to produce a drug which1 after a relatively short time1 effects an imperceptible sterilization on human beings1 then we would have a new powerful weapon at our disposal4 ,the thought alone that the #c million ,bolsheviks1 at present ,german prisoners1 could be sterilized so that they could be used as laborers but be prevented from reproduction1 opens the most far-reaching perspectives4 ,madaus found that the sap of the ,schweigrohr 7caladium seguinum7 when taken by mouth or given as injection to male and also to female animals1 after a certain time1 produces permanent sterility4 ,the illustrations accompanying the scientific article are convincing4 ,if my ideas meet your approval1 the following course should be taken3 #a4 ,dr4 ,madaus must not publish any more such articles4 7,the enemy listens67 #b4 ,multiplying the plant4 7,easily cultivated in greenhouses67 ,written notation ,dachau #c4 ,immediate research on human beings 7criminals67 in order to determine the dose and length of the treatment4 #d4 ,quick research of the constitutional formula of the effective chemical substance in order to #e4 ,produce it synthetically if possible4 ,as ,german physician and chief physician of the reserves of the ,german ,wehrmacht1 retired d4 ,r4 a4 ,d41 ,i undertake to keep secret the purpose as suggested by me in this letter4 stamp ,heil ,hitler6 ,signed ,,dr4 ,,pokorny ,specialist for skin and venereal diseases1 ,m4 ,u4 ,dr4 ,ad4 ,pokorny ,komotau ,graben #cc ,komotau1 ,october #aida ,,translation ,,of ,,document ,,no-#jcf ,,prosecution ,,exhibit #adc ,,letter ,,from ,,himmler1 #aj ,,march #aidb1 ,,to ,,pohl 7,,initialed ,,by ,,rudolf ,,brandt7 ,,concerning ,a ,,sterilization ,,drug ,,and ,,suggesting ,,further ,,research ,,on ,,criminals ,the ,reich ,leader ,,ss ,journal ,no4 #geb_/e1 ,,rf_/,h4 ,fuehrer ,headquarters1 #aj ,march #aidb #b ,w #a4e4 ,dear ,pohl1 ,i read ,dr4 ,pokorny's very interesting memorandum and ,dr4 ,madaus' publications on medicinal sterilization4 ,i would ask you to get in touch with ,dr4 ,madaus and to inform him1 on my behalf1 that he should not publish anything else on these questions of medicinal sterilization1 and offer him possibilities of doing research1 in cooperation with the ,reich ,physician ,,ss1 on criminals who would have to be sterilized in any case4 ,the intended plan of research is1 however1 to be submitted to me by the office engaged on the subject4 ,heil ,hitler6 ,yours1 ,signed ,h4 ,,himmler ,a copy is forwarded to the ,reich ,physician ,,ss1 ,,ss ,gruppenfuehrer ,dr4 ,grawitz with request to take cognizance4 ,by ,order3 ,initial ,,br4 ,,brandt ,,ss ,sturmbannfuehrer ,,translation ,,of ,,document ,,no-#jch ,,prosecution ,,exhibit #adg ,,letter ,,from ,,rudolf ,,brandt ,,to ,,pohl1 ,,june #aidb1 ,,transmitting ,,an ,,inquiry ,,by ,,himmler ,,as ,,to ,,the ,,progress ,,made ,,with ,,experiments ,,for ,,medical ,,sterilization ,the ,reich ,leader ,,ss ,personal ,staff ,journal ,no4 ,,ar_/#geb_/e1 ,bra_/,bn4 ,fuehrer ,headquarters1 ,june #aidb ,top ,secret ,,ss ,obergruppenfuehrer ,pohl ,berlin ,dear ,obergruppenfuehrer1 ,on #aj ,march #aidb1 the ,reich ,leader ,,ss sent you a memorandum written by ,dr4 ,pokorny and the publication of ,dr4 ,madaus on medicinal sterilization4 ,in cooperation with the ,reich ,physician ,,ss1 experiments were to be made accordingly4 ,the ,reich ,leader ,,ss inquired today as to how things were progressing4 ,i would appreciate it if ,i might have some information soon4 ,heil ,hitler ,yours1 ,signed ,r4 ,,brandt ,,ss ,obersturmbannfuehrer ,,translation ,,of ,,document ,,no-#jdf;a ,,prosecution ,,exhibit #adh ,,letter ,,from ,,pohl ,,to ,,himmler1 #c ,,june #aidb1 ,,concerning ,,the ,,development ,,of ,a ,,sterilization ,,drug ,,by ,,the ,,firm ,,of ,,dr4 ,,madaus ,,and ,,co4 ,chief of ,,ss1 ,economics and ,administrative ,main ,office ,ch4 ,po_/,ha ,berlin1 #c ,june #aidb ,subject3 ,sterilization by means of drugs4 ,re3 ,your letter of #c ,october #aidb4 ,journal ,no4 ,,ar4 #geb_/eb1 ,,rf_/,h ,to the ,reich ,leader ,,ss ,berlin ,,sw #aa1 ,prinz ,albrecht ,strasse #h ,dear ,reich ,leader3 ,in reference to the above matter1 ,i had a conversation today with ,e4 ,koch1 ,ph4 ,d4 and ,m4 ,d41 director of the ,biological ,institute of ,dr4 ,madaus and ,co41 at ,dresden-,radebeul4 ,i advised him of your desire to have publications on this subject discontinued for the time being4 ,dr4 ,koch will comply with your request4 ,furthermore1 experiments have reached a dead point because the caladium seguinum grows only in ,north ,america and during the war cannot be imported in adequate quantities4 ,dr4 ,koch's attempts to grow this plant from seed cultivated in hothouses have been successful1 it is true2 but the process is very slow and the yield is not sufficient to permit carrying on experiments on a large scale4 ,dr4 ,koch is hopeful that this will be remedied if it is possible for us to obtain permission for him to build a larger hothouse4 ,i promised him this4 ,for the time being this is the first and only practical step to promote the project4 ,i shall continue reports periodically4 ,heil ,hitler6 ,signed ,,pohl ,,ss ,obergruppenfuehrer and ,general of the ,waffen ,,ss ,,translation ,,of ,,document ,,no-#jdf;b ,,prosecution ,,exhibit #adi ,,letter ,,from ,,rudolf ,,brandt ,,to ,,pohl1 #aa ,,june #aidb1 ,,asking ,,him ,,on ,,behalf ,,of ,,himmler ,,to ,,set ,,up ,a ,,large ,,hothouse ,,for ,,the ,,development ,,of ,a ,,sterilization ,,drug ,the ,reich ,leader ,,ss ,personal ,staff1 ,diary ,no4 #abcj_/db1 ,bra_/,bu ,fuehrer's ,headquarters1 #aa ,june #aidb ,re3 ,medical sterilization4 ,to ,,ss ,obergruppenfuehrer ,pohl ,berlin ,dear ,obergruppenfuehrer1 ,i have informed the ,reich ,leader ,,ss of your letter of #c ,june #aidb4 ,he asks you to see to it without fail that a large hothouse is set up as soon as possible for ,dr4 ,koch4 ,he considers the experiments extremely important4 ,the ,reich ,leader ,,ss asks you to continue to send in further reports4 ,heil ,hitler ,signed ,b4 ,,ss ,obersturmbannfuehrer ,,translation ,,of ,,document ,,no-#jci ,,prosecution ,,exhibit #aec ,,letter ,,from ,,gund ,,to ,,himmler1 #bd ,,august #aidb1 ,,concerning ,,research ,,in ,,medical ,,sterilization ,,and ,,development ,,of ,,sterilization ,,drugs ,secret ,the ,deputy ,gauleiter of ,lower ,danube ,lower ,austria ,vienna1 #i1 ,wasagasse #aj1 #bd ,august #aidb ,ge_/,schd--#caj_/db g ,to3 ,the ,reich ,leader ,,ss ,pg4 ,heinrich ,himmler ,berlin ,,sw #a1 ,prinz ,albrecht ,strasse #h ,sir1 ,at the orders of ,gauleiter ,dr4 ,jury1 his staff have hitherto busied themselves especially with the problems of population1 racial policy1 and antisocial elements4 ,since the prevention of reproduction by the congenitally unfit and racially inferior belongs to the duties of our ,national ,socialist racial and demographic policy1 the present ,director of the ,district ,office for ,racial ,policy1 ,gauhauptstellenleiter ,dr4 ,fehringer1 has examined the question of sterilization and found that the methods so far available1 castration and sterilization1 are not sufficient in themselves to meet expectations4 ,consequently1 the obvious question occurred to him whether impotence and sterility could not be produced in both men and women by the administration of medicine or injections4 ,so he came to the studies of the ,biological ,institute of ,dr4 ,madaus1 in ,dresden-,radebeul1 on animal experiments for medical sterilization1 which became accessible to him through the ,madaus ,annual ,report1 ,i,vth year1 #aidj1 and are of the greatest interest for our demographic policy4 ,madaus and ,koch found that caladium sequinum used in homeopathic doses1 that is1 administered in infinitesimal quantities1 favorably affects impotence1 sterility1 and frigidity 7sexual indifference71 so that clinical and medical research should not proceed without regard to this fact4 ,it was established by an extensive series of experiments on rats1 rabbits1 and dogs that1 as the result of the administration or injection of caladium extract1 male animals became impotent and females barren1 and the differences in effect of the various methods of applying the drug could be seen4 ,from the animal experiments1 it seems that a permanent sterility is liable to result in male animals and a more temporary one in females4 ,it is clear that these observations could be of tremendous importance if alterations of potency or fecundity could also be successfully brought about in human beings by the administration of a caladium extract4 ,research on human beings themselves would1 of course1 be necessary for this4 ,the director of my race policy office points out that the necessary research and human experiments could be undertaken by an appropriately selected medical staff1 basing their work on the ,madaus animal experiments in cooperation with the pharmacological institute of the ,faculty of ,medicine of ,vienna1 on the persons of the inmates of the gypsy camp of ,lackenbach in ,lower ,danube4 ,it is quite clear that such research must be handled as a nationally important secret matter of the most dangerous character1 because enemy propaganda could work tremendous harm all over the world by the knowledge of such research1 should it come by such knowledge4 ,since these considerations are only a theory1 the fundamental accuracy of which has already been established by animal experiments and the possibility of the application of which to human beings is highly probable1 a mere indication only can be given of the prospects of the possibility of the sterilization of practically unlimited numbers of people in the shortest time and in the simplest way conceivable4 ,in this connection1 ,i may perhaps point out that it would surely be worth while to study the old cults and the knowledge of their priests concerning the promotion and prevention of human potency and fecundity4 ,primitive1 primeval populations which are close to nature had1 and still have1 a very extensive knowledge of this subject without these things being known to science4 ,it is known1 for instance1 that the natives of ,south ,america attempted to destroy the potency of their enemies by administering caladium seguinum to them4 ,i should be particularly grateful to you if you would give me your opinion in this respect when the occasion arises1 or even order a concrete working plan to be submitted to you4 ,gauleiter ,dr4 ,jury would personally have approached you with this plan were he not at present away on a vacation4 ,heil ,hitler6 ,yours faithfully1 ,signed ,k4 ,,gund ,,ss ,oberfuehrer ,,translation ,,of ,,document ,,no-#bjc ,,prosecution ,,exhibit #afa ,,covering ,,letter ,,from ,,brack ,,to ,,himmler1 #bh ,,march #aida1 ,,with ,,report ,,on ,,experiments ,,concerning ,,sterilization ,,and ,,castration ,,by ,x-,,rays ,viktor ,brack ,oberdienstleiter ,berlin1 #bh ,march #aida ,to the ,reich ,leader ,,ss and ,chief of the ,german ,police ,berlin ,,sw #aa1 ,prinz ,albrecht ,str4 #h ,h4 ,h4 ,handwritten initials ,top ,secret ,handwritten3 #a read #b #e ,may #da ,dear ,reich ,leader3 ,enclosed herewith for your information is the result of the investigations into the possibility of sterilization or castration1 respectively1 by means of ,x-rays4 ,i request your instructions as to what further theoretical or practical steps1 if any1 are to be taken in this matter4 ,heil ,hitler6 ,,signed ,,brack ,enclosure ,the experiments in this field are concluded4 ,the following result can be considered as established and adequately based on scientific research3 ,if any persons are to be sterilized permanently1 this result can only be attained by applying ,x-rays in a dosage high enough to produce castration with all its consequences1 since high ,x-ray dosages destroy the internal secretion of the ovary1 or of the testicles1 respectively4 ,lower dosages would only temporarily paralyze the procreative capacity4 ,the consequences in question are for example the disappearance of menstruation1 climacteric phenomena1 changes in capillary growth1 modification of metabolism1 etc4 ,in any case1 attention must be drawn to these disadvantages4 ,the actual dosage can be given in various ways1 and the irradiation can take place quite imperceptibly4 ,the necessary local dosage for men is #ejj-fjj r1 for women #cjj-cej r4 ,in general1 an irradiation period of #b minutes for men1 #c minutes for women1 with the highest voltage1 a thin filter and at a short distance1 ought to be sufficient4 ,there is1 however1 a disadvantage that has to be put up with3 as it is impossible unnoticeably to cover the rest of the body with lead1 the other tissues of the body will be injured1 and radiologic malaise1 the so-called 8,roentgenkater01 will ensue4 ,if the ,x-ray intensity is too high1 those parts of the skin which the rays have reached will exhibit symptoms of burns--varying in severity in individual cases--in the course of the following days or weeks4 ,one practical way of proceeding would be1 for instance1 to let the persons to be treated approach a counter1 where they could be asked to answer some questions or to fill in forms1 which would take them #b or #c minutes4 ,the official sitting behind the counter could operate the installation in such a way as to turn a switch which would activate the two valves simultaneously 7since the irradiation has to operate from both sides74 ,with a two-valve installation about #aej-bjj persons could then be sterilized per day1 and therefore1 with #bj such installations as many as #c1jjj-d1jjj persons per day4 ,in my estimation a larger daily number could not in any case be sent away for this purpose4 ,as to the expenses for such a two-valve system1 ,i can only give a rough estimate of approximately #bj1jjj-cj1jjj ,,rm4 ,additionally1 however1 there would be the cost of the construction of a new building1 because adequately extensive protective installations would have to be provided for the officials on duty4 ,in summary1 it may be said that1 having regard to the present state of radiological technique and research1 mass sterilization by means of ,x-rays can be carried out without difficulty4 ,however1 it seems to be impossible to do this in such a way that the persons concerned do not sooner or later realize with certainty that they have been sterilized or castrated by ,x-rays4 ,signed ,,brack ,,translation ,,of ,,document ,,no-#bje ,,prosecution ,,exhibit #afc ,,letter ,,from ,,brack ,,to ,,himmler1 #bc ,,june #aidb1 ,,proposing ,,sterilization ,,of ,,two ,,to ,,three ,,million ,,jews ,viktor ,brack ,,ss ,oberfuehrer ,berlin1 ,w #h1 ,voss-,strasse #d1 #bc ,june #aidb ,initial ,,hh ,top ,secret ,to the ,reich ,leader ,,ss and ,chief of the ,german ,police ,heinrich ,himmler1 ,berlin ,,sw #aa1 ,prinz ,albrecht ,str4 #h ,dear ,reich ,leader1 ,on the instructions of ,reich ,leader ,reichsleiter ,bouhler ,i placed some of my men--already some time ago--at the disposal of ,brigadefuehrer ,globocnik to execute his special mission4 ,on his renewed request ,i have now transferred additional personnel4 ,on this occasion ,brigadefuehrer ,globocnik stated his opinion that the whole ,jewish action should be completed as quickly as possible so that one would not get caught in the middle of it one day if some difficulties should make a stoppage of the action necessary4 ,you1 yourself1 ,reich ,leader1 have already expressed your view1 that work should progress quickly for reasons of camouflage alone4 ,both points which in principle arrive at the same result are more than justified as far as my own experience goes2 nevertheless would you kindly allow me to submit the following argument3 ,among #aj millions of ,jews in ,europe there are1 ,i figure1 at least #b-c millions of men and women who are fit enough to work4 ,considering the extraordinary difficulties the labor problem presents us with1 ,i hold the view that those #b-c millions should be specially selected and preserved4 ,this can1 however1 only be done if at the same time they are rendered incapable to propagate4 ,about a year ago ,i reported to you that agents of mine had completed the experiments necessary for this purpose4 ,i would like to recall these facts once more4 ,sterilization1 as normally performed on persons with hereditary diseases1 is here out of the question1 because it takes too long and is too expensive4 ,castration by ,x-ray however is not only relatively cheap1 but can also be performed on many thousands in the shortest time4 ,i think1 that at this time it is already irrelevant whether the people in question become aware of having been castrated after some weeks or months once they feel the effects4 ,should you1 ,reich ,fuehrer1 decide to choose this way in the interest of the preservation of labor1 then ,reichsleiter ,bouhler would be prepared to place all physicians and other personnel needed for this work at your disposal4 ,likewise he requested me to inform you that then ,i would have to order the apparatus so urgently needed with the greatest speed4 ,heil ,hitler6 ,yours1 ,signed ,,viktor ,,brack ,,translation ,,of ,,document ,,no-#bjf ,,prosecution ,,exhibit #afd ,,letter ,,from ,,himmler 7,,countersigned ,,by ,,rudolf ,,brandt71 #aa ,,august #aidb1 ,,addressed ,,to ,,brack1 ,,concerning ,,himmler',s ,,interest ,,in ,,sterilization ,,experiments ,the ,reich ,leader ,,ss #acad_/db ,handwritten ,x,ia_/#abf ,handwritten #aa ,august #aidb ,figure #aa--;,handwritten ,,ss ,senior ,col4 7,,ss ,oberfuehrer7 ,brack ,field ,headquarters ,berlin ,w #h ,voss-,strasse #d ,top ,secret #d copies #dth copy ,dear ,brack3 ,it is only today that ,i have the opportunity of acknowledging the receipt of your letter of #bc ,june4 ,i am positively interested in seeing that sterilization by ,x-rays is tried out at least once in one camp in a series of experiments4 ,i will be very much obliged to ,reichsleiter ,bouhler if1 to begin with1 he would place the expert physicians for the series of experiments at our disposal4 ,i will mail a copy of this letter to the ,reich ,physician ,,ss and to the competent ,chief of the ,main ,office for concentration camps4 ,heil ,hitler6 ,yours1 ,signed ,h4 ,,himmler ,,ss ,obergruppenfuehrer ,pohl ,,ss ,gruppenfuehrer ,dr4 ,grawitz ,for information4 ,by order ,handwritten ,,br4 ,,ss ,obersturmbannfuehrer ,stamp #aa ,august #aidb ,,translation ,,of ,,document ,,no-#bjh ,,prosecution ,,exhibit #aff ,,letter ,,from ,,blankenburg ,,to ,,himmler1 #bi ,,april #aidd1 ,,regarding ,,employment ,,of ,,dr4 ,,horst ,,schumann ,,on ,,experiments ,,concerning ,,the ,,influence ,,of ,x-,,rays ,,on ,,human ,,genital ,,glands ,,in ,,connection ,,with ,,similar ,,experiments ,,conducted ,,at ,,concentration ,,camp ,,auschwitz ,chancellery of the ,fuehrer of the ,,nsdap ,file ,no3 ,i,ia_/,kt4 ,berlin ,w #h1 ,vosstrasse #d1 #bi ,april #aidd ,telephone ,no43 local #abjjed ,long distance #abffba ,top ,secret ,to the ,reich ,leader ,,ss and ,chief of the ,german ,police1 ,heinrich ,himmler ,berlin ,,sw #aa1 ,prinz ,albrecht ,strasse #i ,dear ,reich ,leader6 ,by order of ,reich ,leader 7,reichsleiter7 ,bouhler ,i submit to you as an enclosure a work of ,dr4 ,horst ,schumann on the influence of ,x-rays on human genital glands4 ,previously you have asked ,senior ,colonel ,oberfuehrer ,brack to perform this work1 and you supported it by providing the adequate material in the concentration camp ,auschwitz4 ,i point especially to the #b;d part of this work1 which shows that by those means a castration of males is almost impossible or requires an effort which does not pay4 ,as ,i have convinced myself1 operative castration requires not more than #f to #g minutes1 and therefore can be performed more reliably and quicker than castration by ,x-rays4 ,soon ,i shall be able to submit a continuation of this work to you4 ,heil ,hitler6 ,handwritten ,your devoted1 ,signed ,,blankenburg ,enclosure ,,translation ,,of ,,document ,,no-#baa ,,prosecution ,,exhibit #afi ,,letter ,,from ,,professor ,,clauberg ,,to ,,himmler1 #cj ,,may #aidb 7,,referring ,,to ,a ,,letter ,,from ,,rudolf ,,brandt71 ,,concerning ,,the ,,urgency ,,of ,,research ,,into ,,biological ,,propagation ,,and ,,sterilization ,,without ,,operation1 ,,and ,,draft ,,of ,a 8,,research ,,institute ,,for ,,biological ,,propagation0 ,professor ,c4 ,clauberg1 ,m4 ,d4 ,chief ,physician of the ,gynecological ,clinics of the ,miners' 7,knappschaft7 ,hospital and of the ,st4 ,hedwig ,hospital4 ,koenigshuette1 ,upper ,silesia1 #cj ,may #aidb ,telephone #dji-ca ,handwritten ,wednesday #h ,july ,to the ,reich ,leader ,,ss ,heinrich ,himmler ,through ,,ss ,obergruppenfuehrer and ,general of the ,police ,schmauser ,handwritten discussed ,h4 ,h4 ,heinrich ,himmler ,dear ,reich ,leader6 ,in answer to my letter of #e ,june #aida 8concerning the ,research ,institute for ,biological ,propagation0 ,i received at that time by return mail the answer of your personal adjutant1 ,,ss ,sturmbannfuehrer ,brandt1 dated #ai ,june #aida saying that you1 ,reich ,leader1 would come back to my expose as soon as possible4 ,without any doubt the far more important events of the war which happened shortly afterwards prevented this4 ,if ,i may remind you briefly1 the continuation of my work had been rendered impossible because of the problem of carrying out the procurement of female concentration camp inmates4 ,on the occasion of a scientific discussion with the ,stabsfuehrer of your office here1 ,,ss ,obersturmbannfuehrer ,dr4 ,arlt1 ,i also happened to speak about my research activities in the field of biological propagation4 ,dr4 ,arlt told me then that the one person in ,germany today who would be particularly interested in these matters and who would be able to help me would be you1 most honorable ,reich ,leader4 ,in his capacity as a member of the ,,ss and ,stabsfuehrer of your office here1 ,i then told him briefly that ,i had already submitted this matter to you4 ,after this discussion1 ,i most obediently take the liberty of asking you to make it possible for me to carry out these tasks here in ,upper ,silesia4 ,in order to explain what would be necessary at the moment--that is1 at least for the time being--the two most urgent questions and fundamental problems should be stated briefly once more4 ,a4 ,in the question of the positive population policy1 the eventual or most probable importance of agriculture for the female capacity for propagation demands clarification4 ,this is to be thoroughly probed and tested by experiments on animals1 namely1 on the experimental animal which is proverbially most fertile and at the same time variable in its fertility--the rabbit4 ,the question is whether good general nutrition with food obtained through intensive farming can reduce fertility1 and if this should be the case1 what factor 7positive or negative7 is responsible4 ,b4 ,in the question of the negative population policy the situation now is such that from animal experiments 7in which ,i have demonstrated the possibility of sterilization without operation7 we must proceed to the first experiments on human beings4 ,for that purpose the following is necessary3 ,with ref4 to ,a4 ,problem of fertility and agriculture4 #a4 ,land--that is1 as much 8untouched01 8wild0 or hitherto 8badly0 farmed land as possible4 ,for the first animal experiments to be conducted at least #aj ,morgen ,morgen #b_/c of an acre would be needed4 #b4 ,personnel to till the land4 #c4 ,animal material--that is1 a few hundred female rabbits and the corresponding number of males necessary4 #d4 ,animal hutches and shelters4 #e4 ,persons to attend and guard the animals4 ,with ref4 to ,b4 ,sterilization without operation4 #a4 ,occasional special billeting for #e to #aj women 7single rooms or rooms for two persons7 corresponding to the conditions of sick rooms4 #b4 ,special ,x-ray apparatus with installation and accessories4 #c4 ,smaller outfit of instruments and material4 ,reich ,leader6 ,without wishing to anticipate your decision1 ,i am taking the liberty of proposing that the experiments necessary for ,a and ,b be carried out at the ,auschwitz concentration camp and that the facilities there be used4 ,as ,i already told you in the course of our conversation1 ,i would be very much pleased to work under you as head of an experimental institute1 directed exclusively by you4 ,i believe that in view of the procurement of the land1 the necessary animals1 the attending personnel1 and the human material to be provided1 an annex to your camp in ,upper ,silesia would offer the best facilities4 ,cash would be needed only for the procurement of-- ,with ref4 to ,a4 #a4 ,animal material4 #b4 ,material for the animals' stables and shelters4 #c4 ,a conscientious working person to attend them4 ,with ref4 to ,b4 #d4 ,special accommodations for #e to #aj female camp inmates undergoing experiments4 #e4 ,eventually a special ,x-ray installation4 #f4 ,smaller outfit of instruments and material4 ,reich ,leader6 ,the explanations and dispositions made here are related to the fact that the most necessary and most urgent means for solution of this problem should at once be created and set in motion4 ,my suggestions are absolutely adapted to the present times and attempt to meet the circumstances4 ,as one problem arises from the other or--,i should rather say--as many further problems will arise1 the ideal pattern of such a 8,research ,institution of the ,reich ,leader ,,ss for ,biological ,propagation0 the establishment of which is to be considered1 would present itself as an entity1 on the one hand far greater in scope1 and on the other hand more concentrated and closely knit in shape4 ,a short sketch is enclosed as a suggestion for that purpose4 ,this suggestion is to demonstrate the possibility of realization of all the thoughts discussed and submitted to you4 ,heil ,hitler6 ,yours most obediently1 ,signed ,,prof4 ,,clauberg4 99 99 99 99 99 ,draft of a 8,research ,institute for ,biological ,propagation0 ,the center from which all ideas start1 all problems are raised and their execution directed1 and finally turned over into practical use1 is and remains the clinic4 ,it must be an obstetric clinic at the same time4 ,for the problems 7which are mostly of a hormonal nature7 do not merely extend into practical gynecology and obstetrics but also reach deeply into them and remain most closely connected with pregnancy and obstetrics as well4 ,these problems are just as unlimited and therefore must necessarily be solved step by step1 as they are proving to be successful for obstetrics also in the future4 ,in this clinic the possibility must be provided-- a4 for most intensive treatment of women hitherto sterile but desirous of bearing children and for applying and testing of newly gained experiences in cases hitherto seemingly hopeless4 b4 to evaluate the method of sterilization without operation 7bloodless sterilization7 on women unworthy of propagation and to use this method continually after it is finally proved efficient4 ,attached to this clinic there is to be-- c4 a laboratory for extensive animal experiments1 which will always serve as a basis for further research4 ,there should also be incorporated in this research station-- d4 an experimental farm as a basis for the solution of the questions of 8agriculture and fertility10 that is-- #a4 far reaching nutrition experiments on animals1 and #b4 far reaching nutrition experiments on human beings 7female camp inmates74 ,sketch enclosed4 ,handwritten #cj ,may #aidb4 ,,clauberg 8,research ,institute for ,biological ,propagation0 ,experimental ,farm-- a4 ,for far reaching nutrition experiments on the animal4 ,laboratory for further experimental research on animals4 b4 ,for far reaching nutrition experiments on human beings4 7,special production of food for female camp inmates47 ,clinic for gynecology and obstetrics ,clinical and ,polyclinical ,department-- a4 ,treatment of sterile women desired to propagate4 b4 ,further clinical research on cases of sterility hitherto seemingly hopeless4 ,clinical department-- ,for sterilization without operation 7bloodless sterilization7 on women 7women unworthy of propagation or women whose propagation is not desirable--at first to test method without operation1 later for current use74 ,,translation ,,of ,,document ,,no-#baf ,,prosecution ,,exhibit #agj ,,memorandum ,,of ,,rudolf ,,brandt1 ,,july #aidb1 ,,on ,a ,,discussion ,,between ,,himmler1 ,,gebhardt1 ,,gluecks1 ,,and ,,clauberg ,,concerning ,,sterilization ,,experiments ,,conducted ,,on ,,jewesses ,fuehrer ,headquarters1 ,july #aidb ,top ,secret #a copy ,on #g ,july #aidb a discussion took place between the ,reich ,leader ,,ss1 ,,ss ,brigadefuehrer ,professor ,dr4 ,gebhardt1 ,,ss ,brigadefuehrer ,gluecks1 and ,,ss ,brigadefuehrer ,clauberg1 ,koenigshuette4 ,the topic of the discussion was the sterilization of ,jewesses4 ,the ,reich ,leader ,,ss has promised ,,ss ,brigadefuehrer ,professor ,clauberg that ,auschwitz concentration camp will be at his disposal for his experiments on human beings and animals4 ,by means of some fundamental experiments1 a method should be found which would lead to sterilization of persons without their knowledge4 ,the ,reich ,leader ,,ss wanted to get another report as soon as the result of these experiments was known1 so that the sterilization of ,jewesses could then be carried out in actuality4 ,it should also be examined1 preferably in cooperation with ,professor ,dr4 ,hohlfelder1 an ,x-ray specialist in ,germany1 what way sterilization of men could be achieved by ,x-ray treatment4 ,the ,reich ,leader ,,ss called the special attention of all gentlemen present to the fact that the matter involved was most secret and should be discussed only with the officers in charge and that the persons present at the experiments or discussions had to pledge secrecy4 ,signed ,,brandt ,,ss ,obersturmbannfuehrer4 ,,translation ,,of ,,document ,,no-#bac ,,prosecution ,,exhibit #aga ,,letter ,,from ,,rudolf ,,brandt ,,to ,,clauberg1 #aj ,,july #aidb1 ,,transmitting ,,instructions ,,of ,,himmler ,,to ,,perform ,,sterilizations ,,on ,,jewesses ,,at ,,concentration ,,camp ,,ravensbrueck ,reich ,leader ,,ss ,personal ,staff ,journal ,number #abff_/db1 ,bra_/,dr4 ,handwritten ,returned #ca ,october #aidb by ,pol4 ,administration ,k4 ,fuehrer ,headquarters1 #aj ,july #aidb ,top ,secret ,handwritten ,original handed to ,g4 #f copies--#fth copy #a4 ,professor ,clauberg ,koenigshuette4 ,handwritten ,w #a-aj #a-e-dc ,dear ,professor6 ,today the ,reich ,leader ,,ss charged me with transmitting to you his wish that you go to ,ravensbrueck after you have had another talk with ,,ss ,obergruppenfuehrer ,pohl and the camp physician of the women's concentration camp ,ravensbrueck1 in order to perform the sterilization of ,jewesses according to your method4 ,before you start your job1 the ,reich ,leader ,,ss would be interested to learn from you how long it would take to sterilize a thousand ,jewesses4 ,the ,jewesses themselves should not know anything about it4 ,as the ,reich ,leader ,,ss understands it1 you could give the appropriate injections during a general examination4 ,thorough experiments should be conducted to investigate the effect of the sterilization largely in a way that you find out after a certain time1 which you would have to fix1 perhaps by ,x-rays1 what kind of changes have taken place4 ,in some cases a practical experiment might be arranged by locking up a ,jewess and a ,jew together for a certain period and then seeing what results are achieved4 ,i ask you to let me know your opinion about my letter for the information of the ,reich ,leader ,,ss4 ,heil ,hitler6 ,signed ,,brandt ,,ss ,obersturmbannfuehrer #b4 ,to ,,ss ,obergruppenfuehrer ,pohl1 ,berlin4 ,handwritten delivered to ,boemer ,please acknowledge4 ,,ss ,obersturmbannfuehrer ,koegel also received a copy for the information of the camp physician4 ,moreover the ,reich ,physician ,,ss and the ,reich ,security ,main ,office 7,,rsha7 received a copy4 ,signed ,,brandt ,,ss ,obersturmbannfuehrer #c4 ,to ,,ss ,gruppenfuehrer ,grawitz1 ,reich ,physician ,,ss4 ,please acknowledge4 ,signed ,,brandt ,,ss ,obersturmbannfuehrer #d4 ,to ,,ss4 ,obersturmbannfuehrer ,koegel1 ,,wvha4 ,please acknowledge and inform the camp physician4 ,signed ,,brandt ,,ss ,obersturmbannfuehrer #e4 ,to the ,reich ,security ,main ,office 7,,rsha71 ,berlin4 ,,ss ,sturmbannfuehrer ,guenther1 ,,iv ,b #d 7,department for ,jews74 ,handwritten ,,ss ,,gruf4 ,,mueller ,please acknowledge4 ,initialed ,,br4 ,,ss ,obersturmbannfuehrer ,,translation ,,of ,,document ,,no-#bab ,,prosecution ,,exhibit #agc ,,letter ,,from ,,professor ,,clauberg ,,to ,,himmler1 #g ,,june #aidc1 ,,reporting ,,on ,,research ,,in ,,connection ,,with ,,the ,,sterilization ,,of ,,women ,professor ,dr4 ,c4 ,clauberg1 ,chief ,physician of the ,clinics for ,women of the ,miners' 7,knappschaft7 ,hospital and the ,st4 ,hedwig ,hospital ,koenigshuette ,o4 ,s41 #g ,june #aidc ,telephone3 #dji-ca ,secret ,to the ,reich ,leader ,,ss ,heinrich ,himmler ,berlin ,dear ,reich ,leader1 ,today ,i am fulfilling my obligation to report to you from time to time about the state of my research work4 ,in doing this ,i am1 as before1 adhering to the procedure to report only if the matter is essential4 ,the fact that1 after my most recent interview in ,july #aidb1 ,i could not do so before today is due to temporary difficulties against which ,i myself was powerless and with which ,i could not bother you1 ,reich ,leader4 ,i mention as an example that only since ,february #aidc am ,i in possession of an ,x-ray installation1 which is of great value to my special research4 ,in spite of the short period of actually only #d months1 it is already today possible to report to you the following3 ,the method ,i contrived to achieve the sterilization of the female organism without operation is as good as perfected4 ,it can be performed by a single injection made through the entrance of the uterus in the course of the customary gynecological examination known to every physician4--,if ,i say that the method is 8as good as perfected10 this means3 #a4 ,still to be worked out are only minor improvements of the method4 #b4 ,already today it could be put to practical use in the course of our regular eugenic sterilization and could thus replace the operation4 ,as to the question which you1 ,reich ,leader1 asked me almost one year ago1 i4 e41 how much time would probably be required to sterilize #a1jjj women by using this method4 ,today ,i can answer you with regard to the future as follows3 ,if my researches continue to have the same results as up to now--and there is no reason to doubt that--then the moment is not far off when ,i can say3 8,one adequately trained physician in one adequately equipped place1 with perhaps #aj assistants 7the number of assistants in conformity with the speed desired7 will most likely be able to deal with several hundred1 if not even #a1jjj per day40 ,please permit me to postpone my report about the other part of my researches 7positive population policy7 because it will take some time until something decisive can be said in this field4 ,reich ,leader6 ,the main reason for my reporting to you today1 shortly before the possibility of even more final results1 is the following3 ,i know that the settlement of the last part of this particular complex of problems--in contrast to the external forces which determined the progress so far--depends now almost entirely on me4 ,in this connection1 several minor but nevertheless fundamental changes would be necessary which only you1 my dear ,reich ,leader1 can personally direct and order4 ,i had hoped that ,i would be able to give you personally a short description of these requirements in the event of a visit to ,upper ,silesia4 ,since ,i have not had this opportunity1 ,i am asking you for your decision today4 ,in addition ,i should like to make a further request4 ,it was ,,ss ,brigadefuehrer ,dr4 ,blumenreuter who finally managed to get me the one suitable ,x-ray installation4 ,i am in urgent need of another installation of the same kind1 and he informed me in ,february that he had another one stored in ,berlin4 ,he was ready to deliver it to me if ,i would secure your approval4 ,may ,i ask you1 ,reich ,leader1 for this approval8 ,heil ,hitler6 ,signed ,,clauberg ,,extract ,,from ,,the ,,testimony ,,of ,,the ,,defendant ,,viktor ,,brack#hd ,,direct ,,examination 99 99 99 99 99 ,,dr4 ,,froeschmann3 ,what plans are you talking about8 ,,defendant ,,brack3 ,the plans to exterminate the ,jews which ,i told you about before4 ,having known them and having been in the ,party ,chancellery in the course of this conversation when ,i told ,himmler that ,grafeneck was to be abandoned1 ,himmler also told me of communications he had received from ,poland1 according to which the ,jews there were using the temporary impotence of the ,polish government to strengthen their own position and ,himmler said something had to be done about this4 ,he said something had to be undertaken to stop this because through the mixing of blood in the ,polish ,jews with that of the ,jews from ,western ,europe a much greater danger for ,germany was arising than even before the war1 and he said it was his intention to sterilize the ,jews according to reliable methods1 according to a procedure which would permit mass sterilization4 ,operative sterilization was out of the question for one thing because you couldn't do that without leaving some scar4 ,then he brought up the question1 could not this be done with ,x-ray treatment8 ,however1 ,i didn't know about this for sure1 and in fact nobody knew about it1 and especially didn't know whether the person in question could be treated without noticing something4 ,himmler then said that ,bouhler had gathered together so many scientists and doctors in the ,euthanasia ,program1 consequently ,i should try to find out from him what he could tell me about sterilization1 and tell him to report to me again4 ,q4 ,well1 what was the effect of this communication from ,himmler on you8 ,a4 ,this made a great impression on me4 ,i believed that ,heydrich could really have been the instigator of all of this4 ,in my interrogation ,i told the interrogator that ,i regarded such a plan to exterminate the ,jews as unworthy of ,germany and its leaders4 ,from what ,i knew of ,himmler it would never have occurred to me that such a destructive idea could have originated in his mind4 ,be that1 however1 as it may1 whether the idea originated with ,heydrich or ,bormann1 my attitude was opposed to this2 and ,i felt that ,i was under the obligation to do anything ,i could to prevent this4 ,if ,i had raised the least objection to it openly1 ,i would have aroused great suspicion of myself and would have aroused a false reaction in ,himmler4 ,therefore1 ,i had to make the best of a bad job and had to pretend that ,i agreed with ,himmler4 ,i pretended to be willing to clarify the question of mass sterilization through ,x-ray methods4 ,many years ago ,i had been subjected to ,x-ray treatment for quite a period of time and had discussed with the doctor the effect of ,x-rays on the human body4 ,now ,i remembered from those discussions that the effect of ,x-rays on the sexual organs is only of slight importance and not lasting4 ,moreover1 ,i knew that one of my associates was personally acquainted with an ,x-ray specialist and he told me that this specialist was conducting experiments on the effects of ,x-rays on the fertility of animals4 ,however1 there seemed to be no result4 ,q4 ,mr4 ,president1 ,i present an affidavit of #be ,february #aidg1 by ,dr4 ,martin ,zeller1 a specialist1 born #c ,december #ahhj1 living in ,munich1 signed by him on this same date and certified by myself4 7,brack #bf1 ,brack ,ex4 #ca47 ,this affidavit contributes to the understanding of this matter now under discussion and ,i quote3 8,i remember distinctly that #aj to #ae years ago ,i spoke to ,viktor ,brack about ,x-ray injuries4 ,brack was worried that he might develop an ,x-ray injury2 at that time his knee had been ,x-rayed4 ,when some time afterwards he had rough hands he thought that might be an ,x-ray burn4 ,i explained to him that no injuries could result from our ,x-ray examinations since the quantities of radiation used for diagnosis were small and besides1 the more distant parts of the body 7that is1 in the case of a picture of the knee being taken1 the hands and genitals7 were not in the danger zone under modern technical conditions4 8,i also made the remark that even an intentional sterilization by ,x-ray treatment would1 especially in the case of young persons1 be difficult to achieve and even then only with a strong dose of prolonged radiation40 ,and then in paragraph #b the witness continues3 8,it is quite possible that ,brack in this way developed the views he brought forward1 i4 e41 that the effect of ,x-rays upon the sexual organs is negligible1 and that the danger of sterilization does not exist at all4 ,the layman will not differentiate between ,x-ray diagnostics and ,x-ray therapy40 ,a4 ,i took this associate into my confidence and told him of my intention to deceive ,himmler1 if only to gain time4 ,we agreed to deceive ,himmler by giving him a certificate that seemed to say that sterilization by ,x-ray methods was possible and we would thus get him to pursue a false path4 ,just what was said in this certificate ,i do not know any longer4 ,at any rate there were no positive results in it so that we couldn't put it to ,himmler in this form4 ,,dr4 ,,froeschmann3 ,mr4 ,president1 let me remark in this connection1 that after great efforts ,i have succeeded in finding the man who drew up this certificate of which the witness has just been speaking4 ,i have found out his name and address4 ,he lives in the ,russian zone and for that reason it was not possible for me to get a copy of that certificate that he drew up at that time4 ,however1 ,i have contacted this doctor and he has declared his readiness to come to ,nuernberg and to give me an affidavit1 because as he said it1 it would be a matter of course that he should help an innocent man if his testimony could do so4 ,he does remember having given this certificate to ,brack or to his associates and ,i ask permission to reserve the right to put this affidavit in evidence as soon as ,i have it1 and when perhaps the doctor has had a chance to speak to the defendant4 ,,presiding ,,judge ,,beals3 ,counsel for defendant ,brack may offer the affidavit as soon as it is received so long as it complies with the evidence in the case4 ,,dr4 ,,froeschmann3 ,thank you1 your ,honor4 ,witness1 please continue4 ,,defendant ,,brack3 ,naturally1 this factor of uncertainty had to be taken into consideration4 ,q4 ,what exactly are you speaking of8 ,a4 ,i am talking about the report we received4 ,q4 ,you mean the man who drew up the certificate1 the expert8 ,a4 ,yes4 ,,presiding ,,judge ,,beals3 ,now1 counsel1 ,i don't want you to misunderstand me4 ,i said counsel may offer the affidavit2 that means it is offered subject to any objection raised by the prosecution as to the form of the affidavit or its relevancy4 ,yesterday1 the affidavits from ,brazil were possibly offered by you because the ,tribunal had said that they might be offered4 ,the right to offer simply means offered1 subject to objection1 and that is not equivalent to saying that the affidavit will be received in evidence but it may be offered4 ,that is the sense in which ,i have used the word 8offer0 towards this affidavit4 ,,dr4 ,,froeschmann3 ,yes1 your ,honor1 ,i understood the ,president and ,i shall only submit an affidavit which is in compliance with the regulation of this ,tribunal4 ,would you please continue1 ,witness8 ,,defendant ,,brack3 ,my collaborator changed the contents of this certificate in such a manner that sterilization becomes apparent as something possible from a medical point of view4 ,that is exactly what is contained in my affidavit4 ,thus1 this letter dated #bh ,march #aida1 originated with ,document ,,no-#bjc1 ,prosecution ,exhibit #afa4 ,q4 ,mr4 ,president1 let us reconstruct this letter quite shortly4 ,i shall quote4 ,it is addressed by ,brack to ,himmler1 marked 8,top ,secret40 8,dear ,reich ,leader3 8,enclosed ,i send to you for your information the report of the examination regarding the possibility of an ,x-ray sterilization or castration4 ,i ask you to tell me whether anything can be done in the matter either theoretically or practically40 ,that is the covering letter4 ,this covering letter1 ,witness1 in connection with the report which is attached was considered by the prosecution as being a serious suggestion for sterilization and the prosecution in that connection has stated that this needed no comment4 ,what is your attitude toward it8 ,a4 ,neither the former nor the latter is correct4 ,i admit that if one reads this letter or report without knowing the connections that impression can be created4 ,i therefore have to attempt to analyze this report in order to explain to the ,tribunal what we tried to achieve with this letter4 ,i have to emphasize once more that the entire thing was a maneuver of deceit4 ,q4 ,with reference to the report which you attached to this letter 7,,no-#bjc1 ,pros4 ,ex4 #afa7 ,i should like to quote from it a very brief passage3 8,report on experiments concerning ,x-ray castration4 8,the experiments in this field are concluded4 ,the following result can be considered as established and adequately based on scientific research4 8,if any persons are to be sterilized permanently1 this result can only be attained by applying ,x-rays in a dosage high enough to produce castration with all its consequences1 since high ,x-ray dosages destroy the internal secretion of the ovary or of the testicles1 respectively4 ,lower dosages would only temporarily paralyze the procreative capacity4 ,the consequences in question are1 for example1 the disappearance of menstruation1 climacteric phenomena1 changes in capillary growth1 modification of metabolism1 etc4 ,in any case1 attention must be drawn to these disadvantages4 8,the actual dosage can be given in various ways1 and irradiation can take place quite imperceptibly4 ,the necessary local dosage for men is #ejj-fjj r1 for women #cjj-cej r4 ,in general1 an irradiation period of #b minutes for men1 #c minutes for women1 with the highest voltage1 a thin filter1 and at a short distance ought to be sufficient4 ,there is1 however1 a disadvantage that has to be put up with4 ,it is impossible unnoticeably to cover the rest of the body with lead1 the other tissues of the body will be injured1 and radiologic malaise1 the so-called #8,roentgenkater1' will ensue40 ,witness1 would you define your attitude toward this letter which ,i partly read8 ,a4 ,i was speaking in connection with the talk ,i had with ,himmler in the year of #aida4 ,this becomes apparent from the paragraph 8,i herewith submit the result of an ,x-ray examination40 ,it looks now as though in effect experiments had been carried out by scientists1 which was not the case4 ,himmler had to be reassured and that is why we had to emphasize that the experiments had been concluded and the result could be based on scientific work4 ,of course1 we couldn't state the result as being absolutely positive4 ,we had to leave it to ,himmler himself to judge it4 ,in the first instance it was our intention to get ,himmler off the idea4 ,that is why we chose the formulation which can be seen in that letter--8,if any persons are to be sterilized permanently40 ,it meant in effect that this was theoretically possible4 ,at the same time1 however1 we pointed out that this success cannot be concealed and that phenomena will arise4 ,that obviously was shown by the contents of the certificate itself1 and it is emphasized that permanent sterilization makes a high dosage of ,x-rays necessary4 ,these high dosages would then bring about the effects of castration with all of the accompanying symptoms which would be noticed immediately4 ,if1 however1 lower dosages were used1 you would only have stopped procreative capacity for a short time4 ,we actually said that at the end of the report1 namely1 that the result of sterilization could be ascertained after a comparatively short time but that it was impossible to achieve the results of bringing about sterilization without being noticed1 and in this way we thought we could get ,himmler to give up that idea4 ,q4 ,now1 this was the first part of the letter4 ,now1 let us discuss the second part4 ,i am again referring to the method which you suggested to ,himmler4 ,you thought at that time 8,one practical way of proceeding would be1 for instance1 to let the persons to be treated approach a counter1 where they could be asked to answer some questions or to fill in forms1 which take them #b or #c minutes4 ,the official sitting behind the counter could operate the installation in such a way as to turn a switch which would activate the two valves simultaneously 7since the irradiation is to operate from both sides74 ,with a two-valve installation about #aej-bjj persons could then be sterilized per day and1 therefore1 with #bj such installations as many as #c1jjj-d1jjj persons per day4 ,in my estimation a larger daily number could not in any case be sent away for this purpose40 ,herr ,brack1 how could you arrive at this idea of turning switches8 ,this is completely nonunderstandable for a layman4 ,a4 ,himmler wanted this procedure to be carried out as simply as possible4 ,therefore1 we had to suggest as simple a method as we could think of4 ,on the other hand1 this method increased the uncertainty of directing the rays to the corresponding parts of the body4 ,that is what was discussed by my collaborator with his acquaintance4 ,we suggested this switch method to ,himmler with the idea of making this matter as simple as possible and at the same time preventing any active ,x-ray reaching the body4 ,furthermore1 only #b-c minutes were suggested as the length of time for these people to be subjected to these ,x-rays4 ,how we arrived at these #ejj-fjj figures--or #cej r4--,i don't know whether they were just invented or whether they were based upon something4 ,i don't know4 ,but looking at it as a whole it contained a number of points that were to demonstrate to ,himmler that the whole thing could not be carried out4 ,there is a scientific basis for these suggestions4 ,,dr4 ,,froeschmann3 ,mr4 ,president1 in connection with this point ,i have tried to get an unobjectionable irreproachable certificate for the correctness of what the defendant just stated4 ,i shall get a certificate from a specialist4 ,the man concerned says that this suggestion is absolutely senseless4 ,i had1 however1 to wait for this certificate because ,i had to wait for an affidavit from another expert physician4 ,with the permission of the ,tribunal1 ,i shall obtain a corresponding certificate from a radiologist who can show that it is credible that this entire suggestion was really scientific nonsense4 ,a4 ,we had to take into account the possibility that ,himmler might accept this proposal in spite of all these difficulties4 ,we knew1 however1 that the preparation of any such installation would take a long time1 for the building1 etc4 ,we thought that the war would end very quickly1 and as ,i said before ,i didn't know there was any threat from the ,west4 ,and1 in case of peace1 the ,madagascar plan1 which had already been rejected1 could once more be placed in the foreground4 ,if on the other hand this suggestion was to be accepted and if at that time the war had not yet ended1 the carrying out of this experiment on the #ajj-bjj ,jews was much less of an evil than ,himmler taking the ,jews and sterilizing them en masse or doing something worse to them4 ,q4 ,mr4 ,brack1 if ,i understand you correctly1 you're saying that1 at that time1 you had to make a decision between either killing millions of ,jews or choosing the smaller evil by only suggesting this small number which you have mentioned upon whom experiments might be carried out4 ,is my opinion correct8 ,a4 ,during my interrogations ,i designated this dilemma in a way by saying that this was our last way out4 ,but1 naturally1 when judging these two possibilities one must take into consideration that one decides upon one possibility and1 at the same time1 feels an inner justification for doing so4 ,the same way as a troop commander sacrifices a few thousand people somewhere if he can save a hundred thousand somewhere else4 ,q4 ,now1 ,mr4 ,brack1 in order to finish with this letter ,i want to say that you have stated the following at the end of that letter1 and ,i quote3 8,in summary it may be said that1 having regard to the present state of radiological technique and research1 mass sterilization by means of ,x-rays can be carried out without difficulty4 ,however1 it seems to be impossible to do this in such a way that the persons concerned do not1 sooner or later1 realize with certainty that they have been sterilized or castrated by ,x-rays40 ,in your covering letter you apparently mentioned your second letter1 and ,i quote3 8,i request your instructions as to further theoretical or practical steps if any are to be taken in this matter40 ,what is the significance of this latter statement8 ,a4 ,by using this formulation ,i endeavored to keep control of the development of that matter4 ,i never really counted on the realization of these experiments and ,i never had any intention of submitting a serious proposal to ,himmler which would cause the sterilization of millions of ,jews1 but if ,himmler was to accept this nonsensical proposal ,i wanted to have his idea delayed as long as possible4 ,if this suggestion had been serious on my part ,i would have had to be a fanatical ,jew hater1 and ,i think ,i have already proved that ,i was not such a person4 99 99 99 99 99 ----- #ha ,trial of the ,major ,war ,criminals1 ,international ,military ,tribunal1 ,nuremberg1 #aidg1 vol4 ,i1 pp4 #bdg-bec4 #hb ,judgment of the ,,imt4 ,ibid4 #hc ,final plea is recorded in mimeographed transcript1 #ae ,july #aidg1 pp4 #ajhgd-ajiaj4 #hd ,complete testimony is recorded in mimeographed transcript1 #g1 #h1 #i1 #ab1 #ac1 #ad1 #ae1 #af1 #ai ,may #aidg1 pp4 #gdac-gggb4 ,b4 ,jewish ,skeleton ,collection a4 ,introduction ,the defendants ,rudolf ,brandt and ,sievers were charged with criminal responsibility and participation in plans and enterprises1 involving the murder of civilians and members of the armed forces of nations at war with the ,german ,reich1 and specifically with the murder of #aab ,jews for the purpose of completing a skeleton collection for the ,reich ,university at ,strasbourg 7par4 #g of the indictment74 ,on this charge both defendants were convicted4 ,the prosecution's summation of the evidence and argumentation on the ,jewish skeleton collection is contained in its closing brief against the defendant ,sievers4 ,an extract from this brief is set forth below on pages #gci to #gda4 ,a corresponding summation of the evidence by the defense has been selected from the closing brief for the defendant ,sievers4 ,it appears below on pages #gda to #gdg4 ,this argumentation is followed by selections from the evidence on pages #gdh to #gei4 b4 ,selection from the ,argumentation of the ,prosecution ,,extract ,,from ,,the ,,closing ,,brief ,,against ,,defendant ,,sievers 99 99 99 99 99 ,skeleton ,collection ,in response to a request by the defendant ,rudolf ,brandt1 on #i ,february #aidb1 ,sievers submitted to him a report by ,dr4 ,hirt of the ,university of ,strasbourg on the desirability of securing a collection of ,jewish skeletons4 7,,no-#jhe1 ,pros4 ,ex4 #age47 ,in this report1 ,hirt advocated outright murder of 8,jewish ,bolshevik ,commissars0 for the procurement of such a collection4 ,he stated3 8,by procuring the skulls of the ,jewish ,bolshevik ,commissars1 who personify a repulsive1 yet characteristic subhumanity1 we have the opportunity of obtaining tangible scientific evidence4 ,the actual obtaining and collecting of these skulls without difficulty could be best accomplished by a directive issued to the ,wehrmacht in the future to immediately turn over alive all ,jewish ,bolshevik ,commissars to the field police40 ,these units were to report to a special office which would send out specialists to have photographs and anthropological measurements taken and ascertain the origin1 birth date1 and other personal data of the victims4 ,hirt further stated3 8,following the subsequently induced death of the ,jew1 whose head must not be damaged1 he will separate the head from the torso and will forward it to its point of destination in a preserving fluid in a well-sealed tin container especially made for this purpose4 ,on the basis of the photos1 the measurements1 and other data on the head and1 finally1 the skull itself1 comparative anatomical research1 research on racial classification1 pathological features of the skull formation1 form and size of the brain1 and many other things can begin4 ,in accordance with its scope and tasks1 the new ,reich ,university of ,strasbourg would be the most appropriate place for the collection of and research upon these skulls thus acquired40 ,emphasis supplied4 ,on #bg ,february #aidb1 ,brandt informed ,sievers that ,himmler would support ,hirt's work and would place everything necessary at his disposal4 ,brandt requested ,sievers to inform ,hirt accordingly and to report again on ,hirt's work4 7,,no-#jij1 ,pros4 ,ex4 #agf47 ,hirt's murderous and inhuman plan was carried out in a way which differed but slightly from the suggestion made in his preliminary report4 7,,no-#jhe1 ,pros4 ,ex4 #age47 ,the proof has shown that it was decided to preserve the whole skeletons of the victims rather than merely the skulls4 ,on #b ,november #aidb ,sievers requested ,brandt to make the necessary arrangements with the ,reich ,security ,main ,office for providing #aej ,jewish inmates from ,auschwitz to carry out this plan4 7,,no-#jhf1 ,pros4 ,ex4 #agg47 ,on #f ,november ,brandt informed ,adolf ,eichmann1 the ,chief of ,office ,,iv-,b-#d 7,jewish affairs7 of the ,reich ,security ,main ,office to put everything at ,hirt's disposal which was necessary for the completion of the skeleton collection4 7,,no-#jhi1 ,pros4 ,ex4 #agi47 ,from ,sievers' letter to ,eichmann of #ba ,june #aidc1 it is apparent that ,,ss ,hauptsturmfuehrer ,beger1 a collaborator of the ,ahnenerbe ,society1 carried out the preliminary work for the assembling of the skeleton collection in the ,auschwitz concentration camp on #gi ,jews1 #cj ,jewesses1 #b ,poles1 and #d ,asiatics4 ,in this letter1 ,sievers stated that ,beger had to interrupt his work because of the danger of infectious diseases in the camp4 ,sievers requested that the inmates on whom ,beger had carried out this work be transferred to the ,natzweiler concentration camp because further activities in ,auschwitz were impossible due to the danger of infection4 ,special accommodation for the thirty women was to be provided in the ,natzweiler concentration camp 8for a short period04 ,emphasis added4 7,,no-#jhg1 ,pros4 ,ex4 #aha47 ,the statement of the camp commandant of the ,natzweiler concentration camp1 ,,ss ,hauptsturmfuehrer ,josef ,kramer1 reveals that approximately #hj inmates of the ,auschwitz concentration camp1 among them females1 were transferred to the ,natzweiler concentration camp and killed there by gas at the request of ,hirt in the beginning of ,august #aidc4 ,a special gas chamber had been built for this purpose4 ,the corpses of the victims were sent in three shipments to the ,anatomical ,institute of ,hirt in ,strasbourg ,university4 7,,no-#hjg1 ,pros4 ,ex4 #ahe47 ,this evidence is corroborated by the testimony of the witness ,henripierre4 ,he testified that in the beginning of ,august #aidc1 the principal autopsy technician of the ,anatomical ,institute1 ,bong1 received the order from ,hirt to prepare the tanks in the cellar of the ,institute for approximately #abj corpses4 ,at intervals of a few days1 three shipments of corpses1 #cj female1 #cj male1 and #bf male1 arrived by truck from an unknown place4 ,all of these victims were ,jewish4 ,these corpses were preserved in the cellar of the ,anatomical ,institute in the tanks prepared by ,bong4 7,tr4 pp4 #gab-d47 ,see also the affidavit of ,wagner4 7,,no-#hha1 ,pros4 ,ex4 #bhj47 ,as proved by the ,sievers' diary1 ,beger was ordered to prepare plaster casts of the victims4 7#cedf-,,ps1 ,pros4 ,ex4 #abc47 ,early in ,september #aidd1 when the ,allied armies were threatening ,strasbourg1 ,sievers approached the defendant ,brandt with the request for instructions as to what should be done with the ,jewish bodies which were still stored in the tanks in the cellar of the ,anatomical ,institute4 ,he informed ,brandt that ,hirt would be able to 8de-flesh0 the corpses and thus render them unrecognizable1 but in this case part of the work would have been done in vain 8and it would be a great scientific loss for this unique collection because casts could not be made afterwards4 ,the skeleton collection is not conspicuous4 ,viscera could be declared as remnants of corpses1 apparently left in the ,anatomical ,institute by the ,french and ordered to be cremated40 ,sievers requested a directive from ,brandt whether the collection should be preserved1 partly dissolved1 or completely dissolved4 7,,no-#jhh1 ,pros4 ,ex4 #ahb47 ,from the memorandum of ,,ss ,hauptsturmfuehrer ,berg1 and his telephone conversation with ,sievers on #ae ,october #aidd1 it is apparent that it was first decided to destroy the evidence of these brutal crimes1 but with a temporary improvement in the military situation1 this decision was rescinded4 ,sievers informed ,berg on #ba ,october #aidd that1 in compliance with the orders he had received previously1 the dissolution of the collection had been completed4 7,,no-#jia1 ,pros4 ,ex4 #ahc47 ,but such was not the case4 ,hirt had ordered ,bong and his assistant1 ,meyer1 to cut up the #hf corpses and have them cremated in the ,strasbourg crematorium1 but these two men alone were unable to carry out this enormous task4 ,a number of corpses remained un-dissected and were left in the tanks1 together with partially dissected corpses1 in order to create the impression that they were used for normal anatomical research4 7,tr4 p4 #gae2 ,,no-#hha1 ,pros4 ,ex4 #bhj47 ,the pictures of these corpses and of the gas chambers in the ,natzweiler concentration camp1 where the victims of the ,jewish skeleton collection were murdered1 taken by the ,french authorities after the liberation of ,strasbourg1 tell the grim story of this mass murder more vividly than witnesses and documents ever could4 7,,no-#dhc1 ,pros4 ,ex4 #ahd2 ,,no-#hjg1 ,pros4 ,ex4 #ahe47 99 99 99 99 99 c4 ,selection from the ,argumentation of the ,defense ,,extracts ,,from ,,the ,,closing ,,brief ,,for ,,defendant ,,sievers 99 99 99 99 99 ,in #aidc a collection of ,jewish skeletons was set up in the ,anatomy ,department of the ,reich ,university of ,strasbourg according to plans which had been prepared in #aida by ,himmler and the ,director of this ,anatomy ,department1 ,professor ,dr4 ,hirt4 ,the skeletons were to be obtained by selecting the required number of persons in the concentration camp at ,auschwitz from among the ,bolshevist commissars who had been taken prisoner in the campaign against the ,soviet ,union4 ,the liquidation of the persons chosen took place in the concentration camp at ,natzweiler4 ,whether the liquidation entailed a death which was deserved or undeserved on the part of the persons chosen depends upon whether the 8,commissar ,order10 which was the basis of the liquidation1 can be regarded as legal and permissible or not4 ,a detailed examination of this question can be excluded here1 since subjective grounds are of decisive significance in this connection4 ,sievers did not take part personally either in the selection or in the liquidation of those persons designated for the skeleton collection4 ,the choosing was undertaken by a certain ,dr4 ,beger in the concentration camp at ,auschwitz4 7,,no-#jhg1 ,pros4 ,ex4 #aha47 ,sievers himself was never in ,auschwitz4 ,the liquidation took place in the concentration camp at ,natzweiler4 ,the earliest date at which the liquidation could have taken place is shown by the date of the aforementioned document which is dated #ba ,june #aidc4 ,after #bc ,january #aidc1 ,sievers was no longer in ,natzweiler4 ,therefore1 any personal participation of ,sievers in the selection as well as the liquidation is out of the question4 ,we must now examine whether the setting up of the skeleton collection and the associated liquidation of those persons selected took place on ,sievers' orders or instructions-- ,the prosecution has submitted and read3 ,letter of the ,reichsgeschaeftsfuehrer of the ,ahnenerbe to ,brandt1 dated #i ,february #aidb1 with a report from ,dr4 ,hirt in which the latter suggests a collection of skulls for the ,university of ,strasbourg which was to be obtained from ,jewish-,bolshevist ,commissars4 7,,no-#jhe1 ,pros4 ,ex4 #age47 ,letter of ,brandt to ,sievers1 dated #bg ,february #aidb1 with the report that the ,reich ,leader ,,ss is quite interested in the work of ,professor ,hirt and will place at his disposal everything which he requires for his experiments4 7,,no-#jij1 ,pros4 ,ex4 #agf47 ,letter of the ,reichsgeschaeftsfuehrer of the ,ahnenerbe to ,dr4 ,brandt1 dated #b ,november #aidb1 regarding the requisition of #aej skeletons of prisoners for certain anthropological examinations4 7,,no-#jhf1 ,pros4 ,ex4 #agg47 ,personal staff ,reich ,leader ,,ss to ,reichssicherheitshauptamt 7,main ,office for the ,security of the ,reich71 dated #f ,november #aidb1 regarding transmission of the order of the ,reich ,leader ,,ss to make possible the construction of the skeleton collection as planned4 7,,no-#jhi1 ,pros4 ,ex4 #agi47 ,letter of the personal staff ,reich ,leader ,,ss to the ,ahnenerbe1 dated #c ,december #aidb1 regarding remedying of deficiencies through ,,ss ,obergruppenfuehrer ,pohl4 7,,no-#jib1 ,pros4 ,ex4 #ahj47 ,letter of the ,institute for ,military ,scientific ,research of the ,reichssicherheitshauptamt 7,main ,office for the ,security of the ,reich71 dated #ba ,june #aidc1 regarding the transfer of the #aae persons selected by ,,ss ,hauptsturmfuehrer ,beger in the concentration camp at ,auschwitz4 7,,no-#jhg1 ,pros4 ,ex4 #aha47 ,telegram of the personal staff1 office 8,a01 to ,dr4 ,brandt1 dated #e ,september #aidd1 regarding the procurement of instructions as to what should happen to the collection in the event ,strasbourg should be endangered4 7,,no-#jhh1 ,pros4 ,ex4 #ahb47 ,two memoranda of ,berg1 dated #ae and #bf ,october #aidd1 regarding the breaking up of the collection4 7,,no-#jia1 ,pros4 ,ex4 #ahc47 ,several entries in the diary of ,sievers1 #aidc-dd4 ,a letter of ,sievers to ,dr4 ,hirt1 dated #c ,january #aidb1 has been offered by the prosecution4 7,,no-#cfbi1 ,pros4 ,ex4 #edg47 ,this letter contains the request of ,himmler to ,hirt to make available to him a detailed report regarding his experiments which then could serve as basis for a conference4 ,letter of the ,reich ,business ,manager to ,dr4 ,hirt1 dated #bi ,october #aidb1 regarding the granting of subsidies for research activities4 7,,no-#chai1 ,pros4 ,ex4 #eej47 ,in this respect1 counsel for the defense declares3 ,the idea of setting up a skull collection of ,jewish-,bolshevist ,commissars initiated with ,dr4 ,hirt1 director of the ,anatomy ,department of the ,university of ,strasbourg4 ,dr4 ,hirt himself submitted to ,himmler the suggestion for setting up such a collection4 7,tr4 p4 #egjd47 ,the suggestion received ,himmler's complete assistance4 ,himmler issued instructions to place everything at ,hirt's disposal which he required for his experiments4 7,,no-#jij1 ,pros4 ,ex4 #agf47 ,in addition to this1 ,himmler issued an order through his personal staff on #f ,november #aidb that everything necessary will be placed at the disposal of ,professor ,dr4 ,hirt4 7,,no-#jhi1 ,pros4 ,ex4 #agi47 ,it can be seen from the letter of the personal staff of the ,reich ,leader ,,ss to the ,reich ,business ,manager of the ,ahnenerbe1 dated #be ,march #aidb1 how energetically ,himmler favored the experiments of ,dr4 ,hirt4 ,this letter states3 8,in this connection1 please get in touch with ,hirt as soon as possible and consider further how ,hirt can best be brought closer to us40 7,sievers #ec1 ,sievers ,ex4 #di47 ,it can be seen further from the direct examination of ,sievers that ,dr4 ,hirt was a confidant of ,himmler1 for ,sievers was able to establish this fact as early as #aicf and in the subsequent years had an opportunity to repeat this observation4 7,tr4 pp4 #egjf-g47 ,this can also be established by means of the conference which took place at ,easter #aidb regarding the course of which ,sievers has given a detailed description4 ,among other things1 ,sievers called attention to the fact that ,hirt and his anatomical collection1 which was a ,university matter1 did not concern the ,ahnenerbe in any way4 ,himmler became quite active after this aggressive action of ,sievers1 following which the latter requested an order in writing4 7,tr4 p4 #egae47 ,in this connection1 the order of ,himmler1 dated #g ,july #aidb1 must also be mentioned4 ,figure #b reads as follows 7,,no-#dbb1 ,pros4 ,ex4 #cc73 8,i order the ,ahnenerbe 8#a4 99 99 99 8#b4 ,to aid in every possible manner the research activities of ,,ss ,hauptsturmfuehrer ,professor ,dr4 ,hirt and in the same way promote all the experiments and work pertinent to same40 ,these facts were necessary in order to clarify matters for the chief instigators1 ,himmler and ,hirt4 ,everyone cognizant of the conditions knows that it was also impossible in this case to act in any way contrary to the orders issued by ,himmler4 ,until the ,easter conference of #aidb1 ,sievers knew nothing of the ,commissar ,order2 ,himmler at that time showed him pictures of ,bolshevist ,commissars1 men and women who had been arrested1 as well as pictures of ,german soldiers and civilians who had been killed and mutilated in the most horrible manner by these male and female monsters4 ,this influenced ,sievers' attitude toward the 8,commissar ,order10 the contents of which he learned in outline at that time4 ,the original text of the 8,commissar ,order0 could not be produced during the ,goering#he trial4 ,for a clarification of the contents of this order1 counsel for the defense refers to the-- 8,directives for the commands of the ,chiefs of the ,security ,police and of the ,security ,service 7,,sd7 to be transferred to the ,stalags40 7,sievers #ed1 ,sievers ,ex4 #ej47 ,as in the other cases1 ,sievers' activity consisted in forwarding correspondence1 whether it came from 8above10 that is1 ,himmler1 ,rudolf ,brandt1 or from ,hirt or other third parties4 ,it can be shown conclusively that he himself issued no instructions and orders and thereby exercised no decisive activity4 ,the suggestion to set up a ,jewish-,bolshevist skull collection did not originate with ,sievers but with ,dr4 ,hirt4 ,the order for this was issued by ,himmler1 who also ordered that ,hirt should be granted all possible assistance4 ,himmler requested information about the anthropological experiments of ,dr4 ,hirt from ,sievers and ordered the presentation of a report from ,dr4 ,hirt4 ,thereafter1 ,sievers submitted1 on #i ,february #aidb1 the report requested again by ,dr4 ,brandt on #bi ,december #aida4 99 99 99 99 99 ,after his meeting with ,hirt in ,may #aida and his brief report to ,himmler1 ,sievers obviously did not concern himself further with the entire matter1 until ,himmler1 in his letter dated #bi ,december #aida1 requested a detailed report from ,hirt through ,dr4 ,brandt4 ,this can be seen from the reference memorandum of ,sievers dated #i ,february #aidb in his letter of #i ,february #aidb to ,r4 ,brandt 7,,no-#jhe1 ,pros4 ,ex4 #age7 and was also stated by ,sievers on direct examination4 7,tr4 p4 #egjd47 ,at that time1 ,himmler imparted the information which ,sievers passed on to ,hirt in his letter of #c ,january #aidb4 ,in this letter1 the question of a ,jewish-,bolshevist skull collection was never mentioned but simply the matter of anthropological experiments4 ,it is generally known that the carrying out of anthropological experiments forms a part of the chief duties of every anatomical institute1 and also that such experiments are conducted on designated groups of persons1 and that persons who have been executed are turned over to anatomical institutes for research purposes4 ,upon the request of ,hirt for assistance in his anthropological experiments1 ,himmler immediately made a corresponding offer2 as the competent chief of the ,german police1 he was in a position to do so4 ,and ,sievers1 at that time1 need not have assumed1 by any stretch of the imagination that the experimental subjects were to be killed for this purpose4 ,on the basis of the general practice1 he could perhaps more easily assume that only the corpses of those legally condemned to death and legally executed would be considered for the experiments of ,hirt4 ,today we know that it was compatible with his criminal mentality insofar as human experiments and the like were concerned4 ,at that time1 the latter part of #aida1 no one who1 like ,sievers1 had not up to this time come in contact with experiments on human beings could have suspected in advance that in this case it would be a question of criminal acts4 ,in addition1 there was no provision made at all at this time for ,hirt's working in connection with the ,ahnenerbe4 ,in his letter of #c ,january #aidb to ,hirt1 ,sievers writes3 8,in order to effect your transfer to the ,ahnenerbe1 that is1 to the ,personal ,staff of the ,reich ,leader ,,ss1 ,i would like some information from you40 ,naturally1 ,himmler wanted ,hirt to be as close to him as possible1 but in reference to the transfer ,sievers adds3 899 99 99 that is1 to the ,personal ,staff of the ,reich ,leader ,,ss01 for neither ,sievers nor ,hirt assumed that ,hirt would receive the support of ,himmler through the ,institute for ,humanistic ,studies of the ,ahnenerbe of all things4 ,this was also testified to by ,sievers on direct examination4 7,tr4 pp4 #egae #f47 ,not until later did ,hirt's connection with the ,ahnenerbe develop as a result of the personal and extraordinary urging of ,himmler1 as can be proved by the two letters1 dated #bg ,february #aidb 7,,no-#jij1 ,pros4 ,ex4 #agf71 and #be ,march #aidb 7,sievers #cc1 ,sievers ,ex4 #di74 ,on the basis of these letters and the efforts of ,himmler1 ,sievers then lodged a protest with ,himmler at ,easter1 #aidb--e ,april--as he set forth in detail on direct examination4 7,tr4 pp4 #egad-ae47 ,as a matter of fact1 ,hirt did not become a member of the ,ahnenerbe until the fall of #aidb1 as can be seen from the prosecution rebuttal ,document ,,no-#chai1 ,prosecution ,exhibit #eej4 ,the rebuttal documents submitted by the prosecution in this matter do not1 therefore1 refute the testimony of ,sievers on his direct examination1 but confirm them1 which is also shown by the affidavits of ,frau ,dr4 ,schmitz 7,sievers #de1 ,sievers ,ex4 #df2 ,sievers #ee1 ,sievers ,ex4 #ea71 and is shown in a further summary in the affidavit of ,sievers4 7,sievers #fd1 ,sievers ,ex4 #ei47 ,letter of the ,chief of the ,security ,police 7,,sipo7 and of the ,security ,service 7,,sd7 dated #i ,november #aida1 regarding the transportation of the ,soviet-,russian prisoners of war1 who were to be executed1 to the concentration camps 7#abcd-,,ps1 ,pros4 ,ex4 #eee73 ,it can be seen from this document that ,soviet-,russian prisoners of war who were to be executed were taken to the concentration camps4 ,although the ,commissar ,order was not known to ,sievers in detail1 it follows from the context of the ,easter conference of #aidb1 which ,sievers had with ,himmler1 that ,soviet-,russian ,commissars were affected by this order4 ,at that time1 it was generally known in the ,german ,wehrmacht and also among the ,german civilian population that there were female commissars in the ,soviet-,russian ,army who evidenced an unusual degree of fanaticism4 ,it was also known that strong gangs of insurgents were being formed behind the ,german front line1 who were conducting a ruthless and brutal war against members of the ,german ,wehrmacht of both sexes contrary to all the rules of international law4 ,in the ranks of these gangs there were many riflewomen who1 in complete accordance with the provisions of international law1 were condemned to death4 ,in this respect1 it must be stated that all or the great majority of the ,soviet-,russian ,commissars did not commit crimes against international law4 ,however1 there can be no doubt that within their great numbers1 a certain number could have also been found who could have committed such crimes4 ,since the number of skeletons requested by ,hirt was small1 ,sievers could assume that only such criminals could be considered for the collection4 ,therefore1 it cannot be argued that ,sievers must in any case have assumed from the letter dictated by ,dr4 ,beger to the ,reich ,security ,main ,office1 dated #ba ,june #aidc1 that the persons who had been chosen by ,dr4 ,beger in the concentration camp at ,auschwitz were to be liquidated without trial or without any legal basis4 ,it was not the duty of ,sievers to check this matter4 ,here we must examine only whether ,sievers in any case is bound to have recognized that the proceedings were illegal or whether he could rely on the fact that there existed a legal basis for the liquidation ordered by ,himmler4 ,considering the war conditions in the ,east1 ,sievers could assume the latter fact without further ado4 ,these statements are only made in case it should be assumed that ,sievers had the obligation to examine this independently4 ,we think1 however1 that someone who was only engaged in a subordinate position was entitled to rely on the legality of the decisions of his superior4 99 99 99 99 99 d4 ,evidence ,prosecution ,documents ,doc4 ,no4 ,pros4 ,ex4 ,no4 ,description of ,document ,page ,,no-#jhe #age ,letter from ,sievers to ,rudolf ,brandt1 #i #gdh ,february #aidb1 and report by ,hirt concerning the acquisition of skulls of ,jewish-,bolshevik ,commissars4 ,,no-#jhf #agg ,letter from ,sievers to ,rudolf ,brandt1 #b #gej ,november #aidb1 requesting with ,himmler's approval1 #aej skeletons4 ,,no-#jhg #aha ,letter from ,sievers to ,eichmann 7copy to #gea ,rudolf ,brandt71 #ba ,june #aidc1 concerning selection of subjects for a skeleton collection4 ,,no-#hjg #ahe ,tank containing formaldehyde for the #ije preservation of corpses2 corpses assembled in tanks prior to dissection2 corpse showing incisions in preparation for dissection4 7,see ,selections from ,photographic ,evidence of the ,prosecution47 ,defense ,documents ,doc4 ,no4 ,def4 ,ex4 ,no4 ,description of ,document ,page ,sievers #de ,sievers ,ex4 #df ,extract from the affidavit of ,dr4 ,gisela #geb ,schmitz1 #bg ,march #aidg1 on ,sievers' position in the ,ahnenerbe ,society and his connection with the skeleton collection4 ,sievers #ed ,sievers ,ex4 #ej ,regulations for the ,commandos #ged 7,einsatzkommandos7 of the ,security ,police and the ,security ,service to be activated in ,stalags4 ,testimony ,extract from the testimony of defendant ,rudolf ,brandt #geg ,,translation ,,of ,,document ,,no-#jhe ,,prosecution ,,exhibit #age ,,letter ,,from ,,sievers ,,to ,,rudolf ,,brandt1 #i ,,february #aidb1 ,,and ,,report ,,by ,,hirt ,,concerning ,,the ,,acquisition ,,of ,,skulls ,,of ,,jewish-,,bolshevik ,,commissars ,the ,ahnenerbe ,the ,reich ,business ,manager ,berlin1 #i ,february #aidb ,g_/,r_/#b page #a ,to3 ,,ss ,sturmbannfuehrer ,dr4 ,brandt ,berlin ,,sw #aa1 ,prinz ,albrecht ,strasse #h ,secret ,dear ,comrade ,brandt3 ,for the reason that ,professor ,dr4 ,hirt has in the meantime become seriously ill1 ,i regret that ,i have been unable to submit any sooner ,dr4 ,hirt's report which you requested in your letter of #bi ,december #aida1 ,journal ,no4 ,,ar_/#dic_/cg4 ,he was stricken with pulmonary hemorrhages1 the diagnosis was 8cystlung01 so at least it is not ,,tb4 ,in addition to that he suffered from circulatory asthenia4 ,at present he is still in the hospital1 but hopes that the doctor will release him soon so that he can1 at least to a limited degree1 resume his work4 ,due to those circumstances ,professor ,hirt was able to furnish only a preliminary report which1 however1 ,i still should like to submit to your attention4 ,the report concerns-- #a4 ,his research in the field of microscopy of living tissues1 the discovery of a new method of examination1 and the construction of a new research microscope1 and #b4 a proposal for securing skulls of ,jewish-,bolshevik ,commissars4 ,as a supplement to report #a1 some special publications are attached2 of which the two parties from the 8,zeiss ,nachrichten0 #aj 7,vol4 ,,ii7 and #a-e 7,vol4 ,,iii7 facilitate most rapid general orientation1 whereas other publications deal with difficult1 individual scientific studies4 ,sincerely yours ,heil ,hitler6 ,signed ,,sievers ,enclosures 99 99 99 99 99 ,enclosure ,subject3 ,securing skulls of ,jewish-,bolshevik ,commissars for the purpose of scientific research at the ,reich ,university of ,strasbourg4 ,there exist extensive collections of skulls of almost all races and peoples4 ,of the ,jewish race1 however1 only so very few specimens of skulls are at the disposal of science that a study of them does not permit precise conclusions4 ,the war in the ,east now presents us with the opportunity to remedy this shortage4 ,by procuring the skulls of the ,jewish-,bolshevik ,commissars1 who personify a repulsive yet characteristic subhumanity1 we have the opportunity of obtaining tangible scientific evidence4 ,the actual obtaining and collecting of these skulls without difficulty could be best accomplished by a directive issued to the ,wehrmacht in the future to immediately turn over alive all ,jewish-,bolshevik ,commissars to the field police ,feldpolizei4 ,the field police in turn is to be issued special directives to continually inform a certain office of the number and place of detention of these captured ,jews and to guard them well until the arrival of a special deputy4 ,this special deputy1 commissioned with the collection of the material 7a junior physician attached to the ,wehrmacht or even the field police1 or a medical student equipped with car and driver71 is to take a prescribed series of photographs and anthropological measurements1 and is to ascertain1 insofar as is possible1 the origin1 date of birth1 and other personal data of the prisoner4 ,following the subsequently induced death of the ,jew1 whose head must not be damaged1 he will separate the head from the torso and will forward it to its point of destination in a preserving fluid in a well-sealed tin container especially made for this purpose4 ,on the basis of the photos1 the measurements and other data on the head and1 finally1 the skull itself1 comparative anatomical research1 research on racial classification1 pathological features of the skull formation1 form and size of the brain1 and many other things can begin4 ,in accordance with its scope and tasks1 the new ,reich ,university of ,strasbourg would be the most appropriate place for the collection of and research on the skulls thus acquired4 ,,translation ,,of ,,document ,,no-#jhf ,,prosecution ,,exhibit #agg ,,letter ,,from ,,sievers ,,to ,,rudolf ,,brandt1 #b ,,november #aidb1 ,,requesting ,,with ,,himmler',s ,,approval1 #aej ,,skeletons ,the ,ahnenerbe ,the ,reich ,business ,manager ,berlin1 #b ,november #aidb ,stamp ,personal ,staff ,reich ,leader ,,ss ,registration of ,files ,secret #e_/aaf ,secret ,to3 ,,ss ,obersturmbannfuehrer ,dr4 ,brandt ,berlin ,dear ,comrade ,brandt6 ,the ,reich ,leader ,,ss once ordered1 as you know1 that ,,ss ,hauptsturmfuehrer ,prof4 ,dr4 ,hirt should be provided with all necessary material for his research work4 ,i have already reported to the ,reich ,leader ,,ss that for some anthropological studies #aej skeletons of inmates or ,jews are needed and should be provided by the ,auschwitz concentration camp4 ,it is only necessary for the ,reich ,security ,main ,office to be furnished now with an official directive by the ,reich ,leader ,,ss2 by order of the ,reich ,leader ,,ss1 however1 you could issue it yourself4 ,sincerely yours1 ,heil ,hitler6 ,signed ,,sievers #a enclosure3 ,draft of a letter to the ,reich ,security ,main ,office ,,translation ,,of ,,document ,,no-#jhg ,,prosecution ,,exhibit #aha ,,letter ,,from ,,sievers ,,to ,,eichmann 7,,copy ,,to ,,rudolf ,,brandt71 #ba ,,june #aidc1 ,,concerning ,,selection ,,of ,,subjects ,,for ,a ,,skeleton ,,collection ,handwritten ,,xi a #ef ,ahnenerbe ,office ,institute for ,military ,scientific ,research ,g_/,h_/#f1 ,s#b_/;,he4 ,berlin-,dahlem1 ,puecklerstrasse #af1 #ba ,june #aidc ,top ,secret ,g4,r4,z4,i4 ,a4,h4 ,sk4 ,no4 #aj #e copies--#b;d copy no enclosures ,to ,reich ,security ,main ,office ,office ,,iv ,b #d ,attention3 ,,ss ,obersturmbannfuehrer ,eichmann1 ,berlin ,,sw #aa1 ,prinz ,albrecht ,strasse #h ,subject3 ,assembling of a skeleton collection4 ,with reference to your letter of #be ,september #aidb1 ,,iv ,b #d #cegf_/db g #adhh1 and the personal talks which have taken place in the meantime on the above matter1 you are informed that the coworker in this office who was charged with the execution of the above-mentioned special task1 ,,ss ,hauptsturmfuehrer ,dr4 ,bruno ,beger1 ended his work in the ,auschwitz concentration camp on #ae ,june #aidc because of the existing danger of infectious diseases4 ,a total of #aae persons were worked on1 #gi of whom were ,jews1 #b ,poles1 #d ,asiatics1 and #cj ,jewesses4 ,at present1 these prisoners are separated according to sex and each group is accommodated in a hospital building of the ,auschwitz concentration camp and are in quarantine4 ,for further processing of the selected persons an immediate transfer to the ,natzweiler concentration camp is now imperative2 this must be accelerated in view of the danger of infectious diseases in ,auschwitz4 ,enclosed is a list containing the names of the selected persons4 ,it is requested that the necessary directives be issued4 ,since with the transfer of the prisoners to ,natzweiler the danger of spreading diseases exists1 it is requested that an immediate shipment of disease-free and clean prisoners' clothing for #hj men and #cj women be ordered sent from ,natzweiler to ,auschwitz4 ,at the same time one must provide for the accommodation of the #cj women in the ,natzweiler concentration camp for a short period4 ,signature ,,sievers ,,ss ,standartenfuehrer ,carbon copies to-- a4 ,,ss ,hauptsturmfuehrer ,dr4 ,beger b4 ,,ss ,hauptsturmfuehrer ,prof4 ,hr4 ,hirt c4 ,,ss ,obersturmbannfuehrer ,dr4 ,brandt ,,partial ,,translation ,,of ,,document ,,sievers #de ,,sievers ,,defense ,,exhibit #df ,,extract ,,from ,,the ,,affidavit ,,of ,,dr4 ,,gisela ,,schmitz1 #bg ,,march #aidg1 ,,on ,,sievers' ,,position ,,in ,,the ,,ahnenerbe ,,society ,,and ,,his ,,connection ,,with ,,the ,,skeleton ,,collection 99 99 99 99 99 ,in #aicg ,i was appointed ,secretary in the ,research and ,instruction ,society1 the ,ahnenerbe1 ,registered ,association1 where ,i remained until the end of the war in #aide4 ,during all these years ,i worked for ,wolfram ,sievers1 who was ,reich ,business ,manager1 and ,i gained thereby a fairly comprehensive insight into the organization of the ,ahnenerbe and into ,sievers activity4 ,the organization of the ,ahnenerbe during the time when ,i was attached to it was as follows3 ,himmler was the president2 ,professor ,wuest1 ,rector of ,munich ,university1 was his curator2 ,sievers was responsible to the latter as ,reich ,business ,manager4 ,an internal code of procedure laid down as a regulation for the ,reich ,business ,manager stipulated that all decisive functions were the concern of the department chief and curator of the ,ahnenerbe4 ,according to this all decisions had to be obtained by the ,reich ,business ,manager from the department chief if they were not dealt with by the president4 ,professor ,wuest had the right to report direct to ,himmler as president on all questions2 ,sievers could only do so on administrative concerns1 and then only when ,himmler consulted him on special matters and requested a report of him4 ,sievers' own sphere was financial and staff administration and the supervision of the business dealings of the ,ahnenerbe4 ,in scientific matters ,sievers was denied the right to issue any orders4 ,he was also forbidden personally to sign letters concerning scientific matters4 ,however1 as it was not always possible in practice to send all letters from ,berlin to ,munich1 the domicile and permanent residence of the curator1 for signature1 ,sievers often signed2 ,wuest then countersigned the copy4 ,when in #aidb the ,ahnenerbe became a department of the personal staff of the ,reich ,leader ,,ss1 ,professor ,wuest became department chief4 ,he was thus made responsible for all matters of administration and personnel1 which had hitherto been the responsibility of the ,reich ,business ,manager4 ,himmler personally made it quite clear to ,sievers that he was not to interfere in scientific affairs4 ,in this connection ,i mention briefly the ,ahnenerbe diary which it was ,sievers' duty1 as ,reich ,business ,manager1 to write up4 ,by express order of ,himmler1 all departments of the ,reich ,leader ,,ss had to keep diaries4 ,they were a hobby-horse of ,himmler's1 and failure to comply with this order would have had very unpleasant consequences for the person responsible4 ,sievers who was frequently away from ,berlin used to dictate the diary entries on his return4 ,i know that the entries would not always have been able to stand close examination--they were inaccurate in parts and sometimes fabricated4 ,sievers insisted upon keeping the diary ostensibly correct1 so as not to offend ,himmler4 ,the reasons for this will be explained by a later part of my statement4 ,sievers also mentioned to me the collection of ,jewish-,bolshevik skulls1 which was planned by ,professor ,hirt of ,strasbourg4 ,document ,,no-#jhe1 ,prosecution ,exhibit #age1 regarding the collection of ,jewish skeletons has been submitted to me4 ,with the exception of the last paragraph which begins with the words 8,for the preservation 99 99 9901 the report was--as far as ,i remember--drafted by ,dr4 ,bruno ,beger who had come from the ,,ss ,race and ,settlement ,main ,office 7,ru,s,h,a74#hf ,i first saw the report in the autumn of #aida4 ,the report had already been circulated in all possible offices and one copy had also been sent to the ,ahnenerbe4 ,the reasons why the report had also been sent to the ,ahnenerbe are unknown to me2 in any case1 ,sievers showed me this proposal with all signs of horror and defined it as a hybrid outgrowth of the propaganda which at that time used to describe the eastern nations as 8subhuman40 ,the report itself was filed away1 as it did not concern us1 or passed on to the chief of the ,ahnenerbe1 ,professor ,wuest1 as it was really a 8scientific0 matter4 ,one day ,sievers told me that ,himmler had mentioned this matter in a private conversation--,i believe it was in connection with ,professor ,hirt--and ordered the document to be submitted after obtaining an opinion from ,professor ,hirt4 ,hirt then added the last paragraph4 ,with this addition the report was forwarded to the personal staff of the ,reich ,leader ,,ss and to ,dr4 ,rudolf ,brandt4 ,with regard to the ,document ,,no-#jhg1 ,prosecution ,exhibit #aha1 as shown to me1 ,i can state3 the letter to the ,reich ,security ,main ,office bears the dictation reference ,s #b_/;,ha4 ,according to this1 the letter was not dictated by ,sievers himself1 but--as ,i remember--by ,dr4 ,beger who dictated the letter in the office of subdepartment ,chief ,wolff1 whose reference number was ,s #b4 ,with regard to ,document ,,no-#jhh1 ,prosecution ,exhibit #ahb1 ,i can say that ,professor ,hirt had asked by telephone for a decision on the suggestions which appear at the end of this document4 ,sievers only passed this request of ,hirt on to the personal staff of the ,reich ,leader ,,ss4 ,sievers spoke to me repeatedly about the experiments on humans and also about the collection of skeletons and always said that these things were very much against his inner feelings4 ,repeatedly1 ,i had an opportunity to see how much ,sievers suffered in this connection4 ,he sometimes had pronounced periods of depression4 99 99 99 99 99 ,,translation ,,of ,,document ,,sievers #ed ,,sievers ,,defense ,,exhibit #ej ,,regulations ,,for ,,the ,,commandos 7,,einsatzkommandos7#hg ,,of ,,the ,,security ,,police ,,and ,,the ,,security ,,service ,,to ,,be ,,activated ,,in ,,stalags ,b #aja ,enclosures #b ,office ,,iv ,berlin1 #ag ,july #aida ,top ,secret ,the activation of commandos will take place in accordance with the agreement of the ,chief of the ,security ,police and ,security ,service and the ,supreme ,command of the ,armed ,forces as of #af ,july #aida4 ,the commandos will work independently according to special authorization and in consequence of the general regulations given to them in the limits of the camp organizations4 ,naturally1 the commandos will keep close contact with the camp commander and the defense officers assigned to him4 ,the mission of the commandos is the political investigating of all camp inmates1 the elimination and further treatment-- a4 of all political1 criminal1 or in some other way unbearable elements among them4 b4 of those persons who could be used for the reconstruction of the occupied territories4 ,for the execution of their mission1 no additional means can be put at the disposal of the commandos4 ,the ,deutsche ,fahndungsbuch ,german ,wanted ,list the ,aufenthaltsermittlungsliste ,residence ,locator ,list and the ,sonderfahndungsbuch ,ud,s,s,r ,special ,wanted ,list1 ,union of the ,soviet ,socialist ,republic will prove to be useful in only a small number of cases2 the ,sonderfahndungsbuch ,ud,s,s,r is not sufficient1 because it contains only a small part of ,soviet ,russians considered to be dangerous4 ,therefore1 the commandos must use their special knowledge and ability and rely on their own findings and self-acquired knowledge4 ,therefore1 they will be able to start carrying out their mission only when they have gathered together appropriate material4 ,the commandos must use for their work as far as possible1 at present and even later1 the experiences of the camp commanders which the latter have collected meanwhile from observation of the prisoners and examinations of camp inmates4 ,further1 the commandos must make efforts from the beginning to seek out among the prisoners elements which appear reliable1 regardless if there are ,communists concerned or not1 in order to use them for intelligence purposes inside of the camp and1 if advisable1 later in the occupied territories also4 ,by use of such informers and by use of all other existing possibilities1 the discovery of all elements to be eliminated among the prisoners must succeed step by step at once4 ,the commandos must learn for themselves1 in every case1 by means of short questioning of the informers and eventual questioning of other prisoners4 ,the information of one informer is not sufficient to designate a camp inmate to be a suspect without further proof2 it must be confirmed in some way if possible4 ,above all1 the following must be discovered2 all important functionaries of state and party1 especially-- ,professional revolutionaries4 ,functionaries of the ,comintern4 ,all policy forming party functionaries of the ,communist ,party of the ,soviet ,union and its subsidiary organizations in the central committees1 in the regional and district committees4 ,all ,peoples ,commissars and their deputies4 ,all former ,political ,commissars in the ,red ,army4 ,leading personalities of the ,main and intermediate offices of the state authorities4 ,members of the ,soviet ,russian intelligentsia4 ,all ,jews4 ,all persons who are found to be agitators or fanatical ,communists4 ,it is not less important1 as mentioned already1 to discover all those persons who could be used for the reconstruction1 administration1 and management of the conquered ,russian territories4 ,finally1 all such persons must be secured who are still needed for the completion of further investigation1 regardless if they are police investigations or other investigations1 and for settling questions of general interest4 ,among them are all those especially who1 because of their position and their knowledge1 are able to give information about measures and working methods of the ,soviet-,russian ,state1 of the ,communist ,party1 or of the ,comintern4 ,in the final analysis1 consideration must be given to origin in all decisions to be made4 ,the leader of the ,einsatzkommando will give a short report every week by telephone or an express letter to the ,reich ,security ,main ,office1 containing3 #a4 ,short description of their activities in the past week4 #b4 ,number of all definitely suspicious persons 7report of number sufficient74 #c4 ,individual names of all persons found to be functionaries of the ,comintern1 leading functionaries of the party1 ,peoples ,commissars1 leading personalities1 and political commissars4 #d4 ,number of all persons found not to be suspicious informers1 with a short description of their position4 ,a4 ,prisoners of war4 ,b4 ,civilians4 ,on the basis of those activity reports the ,reich ,security ,main ,office will issue immediately the further measures to be applied4 ,for the measures to be applied on the basis of this successive directive1 the commandos are to demand the surrender of the prisoners involved from the camp command4 ,the camp commandants have received orders from the ,supreme ,commander of the ,armed ,forces to approve such requests4 ,executions are not to be held in the camp or in the immediate vicinity of the camp4 ,if the camps in the ,general ,government are in the immediate vicinity of the border1 then the prisoners are to be taken for special treatment1 if possible1 into former ,soviet-,russian territory4 ,should executions be necessary for reasons of camp discipline1 then the leader of the ,einsatzkommando must apply to the camp commander for it4 ,the commandos have to keep lists about the special treatments carried out and must contain-- ,current number4 ,family name and first name4 ,date and place of birth4 ,military rank4 ,profession4 ,last residence4 ,reason for special treatment4 ,day and place of special treatment 7card file74 ,in regard to executions to be carried out and to the possible removal of reliable civilians and the removal of informers for the ,einsatz group in the occupied territories1 the leader of the ,einsatzkommando must make an agreement with the nearest state police office1 as well as with the commandant of the security police unit and security service and beyond these with the chief of the ,einsatz group concerned in the occupied territories4 ,reports of that kind are to be transmitted for information to the ,reich ,security ,main ,office1 ,,iv ,a #a4 ,excellent behavior during and after duty1 the best cooperation with the camp commanders1 and careful examinations are the duty of all leaders and members of the ,einsatzkommando4 ,the members of the ,einsatzkommando must be constantly aware of the special importance of the missions entrusted to them4 ,,extract ,,from ,,the ,,testimony ,,of ,,defendant ,,rudolf ,,brandt#hh ,,direct ,,examination 99 99 99 99 99 ,,dr4 ,,kauffmann3 ,witness1 ,i now put to you documents concerning1 among other things1 procuring skulls of ,jewish-,bolshevist ,commissars4 ,please look at page #a of ,document ,,no-#jhe1 ,prosecution ,exhibit #age4 ,this is a letter from the ,ahnenerbe1 of #i ,february #aidb1 addressed to you4 ,it is a secret communication1 and it bears ,sievers' signature4 ,there are two annexes to this document4 ,one of them concerns research into microscopy1 and the other one concerns the suggestion for procuring the afore-mentioned skeletons for the purpose of scientific research4 ,now1 ,i ask you whether you received this document1 whether you are familiar with the contents of this letter1 and whether you still remember it today8 ,,defendant ,,rudolf ,,brandt3 ,i received the letter with the inclosures1 but ,i recall as little about this as ,i recall about the other matters4 ,q4 ,do you wish to say then that you did not read the two inclosures to this letter8 ,a4 ,that is what ,i really should like to say because1 as ,i have already said1 reports which were destined for the ,reich ,leader were put with the mail that he was to read personally1 and it would have been the same in the case of ,professor ,hirt's report1 which is really incomprehensible to a lay reader4 ,q4 ,perhaps ,i might point out to the ,tribunal that the two inclosures are wrongly bound in the document4 ,the first inclosure refers to the microscopic research and the second inclosure to the procuring of skeletons4 ,is that also your opinion1 ,herr ,brandt8 ,a4 ,yes4 ,that is how the letter states it4 ,first1 comes the microscopic study and then the other4 ,q4 ,now1 ,i ask you1 with particular regard to the fact that you are testifying under oath1 did you know in detail that1 as can be seen from this report1 human beings were to be killed and that the skulls or skeletons were then to be sent to the ,university of ,strasbourg8 ,did you know these details8 ,a4 ,no4 ,i did not know these details4 ,q4 ,would you tell us just what you did know1 in broad terms8 ,a4 ,i knew the contents of the letter which ,i sent on to ,eichmann4 ,q4 ,this is ,document ,,no-#aaf1 ,prosecution ,exhibit #agh4 ,in this letter you inform ,eichmann that everything necessary would be done for ,professor ,hirt to build up this collection of skeletons1 and you say further that ,,ss ,obersturmbannfuehrer ,sievers will communicate with ,eichmann as to the details of this4 ,i now ask you1 who is ,eichmann8 ,a4 ,i do not think that ,i had any idea who ,eichmann was at that time4 ,sievers sent me the draft of this letter1 which ,i certainly did not send on in this form as it appears here4 ,as was always the case1 ,i showed it to ,himmler1 and only then did ,i send it on4 ,i am quite sure that ,i heard ,eichmann's name then for the first time4 ,i did not know him otherwise1 nor did ,i know him later4 ,q4 ,can you not tell us whether you did not have some idea as to what was going on here in this whole business8 ,when1 for instance1 one heard that a collection of skeletons was to be made1 then one would surely ask oneself what was really going on8 ,a4 ,i certainly had no other ideas concerning this matter than those that would normally arise in connection with a collection of skeletons for anatomical purposes2 and it would never have occurred to me that any prisoners would be used for this except those who had died a normal death4 ,q4 ,did you work on this affair independently thereafter1 or did you submit the matter to ,himmler for him to decide and arrange8 ,a4 ,it was submitted to ,himmler1 like all other questions4 ,to begin with ,i was not thoroughly versed in such matters1 and secondly1 owing to my lack of technical knowledge1 ,i could not give orders or instructions for it to be carried out4 ,q4 ,i draw your attention now to ,document ,,no-#jhg1 ,prosecution ,exhibit #aha1 again a letter to ,eichmann marked 8secret01 dated #ba ,june #aidc4 ,the letter was apparently sent by ,sievers with copies for two other persons and also with a copy to be sent to you4 ,this letter says that altogether #aae persons would be affected and that the selected persons should be sent to the concentration camp at ,natzweiler4 ,how would such a letter be handled by you in your registry office--,i refer now to the copy which was sent to you8 ,did you again submit it to ,himmler1 and did you or someone else lay the letter aside8 ,a4 ,i do not remember ever having seen this letter4 ,the file note on it bears an initial that is not mine1 but that of my collaborator ,berg4 ,he also initialed for filing several of the documents that are in the document book4 ,q4 ,now1 please look at the file note of ,berg4 7,,no-#jia1 ,pros4 ,ex4 #ahc47 ,would you say that that is the same ,berg who initialed the foregoing document8 ,a4 ,yes4 ,that is the same ,berg4 ,q4 ,now1 please look at ,document ,,no-#jia4 ,here it says1 8,note--for ,,ss ,standartenfuehrer ,dr4 ,brandt01 and it is signed by ,berg4 ,this reproduces a talk that ,berg had with ,sievers2 do you remember seeing this notation8 ,a4 ,i do not remember having seen it4 ,q4 ,let me point out the date1 #bf ,october #aidd4 ,a4 ,that was the last day of our stay at our ,east ,prussian quarters4 ,the ,russians were only about #cj to #dj kilometers away4 ,berg would have made the note so that ,i could get a final report to ,himmler4 ,as1 however1 we had to clear out by that evening1 there were more important things to do than to submit such a memorandum1 so that possibly he did not show it to me at all4 ----- #he ,trial before ,international ,military ,tribunal4 ,see ,trial of the ,major ,war ,criminals1 vols4 ,i-,,xlii1 ,nuremberg1 #aidg4 #hf ,see ,case #h1 ,united ,states vs4 ,ulrich ,greifelt1 et al4 in vols4 ,,iv and ,v4 #hg ,see ,case #i1 ,united ,states vs4 ,otto ,ohlendorf1 et al4 in vol4 ,,iv4 #hh ,complete testimony is recorded in mimeographed transcript1 #bd1 #be1 #bf ,march #aidg1 pp4 #dhfi-diid4 ,c4 ,project ,to ,kill ,tubercular ,polish ,nationals a4 ,introduction ,the defendants ,blome and ,rudolf ,brandt were charged with participation in and responsibility for the murder and mistreatment of tens of thousands of ,polish ,nationals allegedly infected with incurable tuberculosis 7par4 #h of the indictment74 ,on this charge both defendants were acquitted4 ,the prosecution's summation of the evidence and argumentation on this charge is contained in its closing brief against the defendant ,blome4 ,an extract from this brief is set forth below on pages #gfj to #gfc4 ,a corresponding summation of the evidence by the defense has been selected from the final plea for the defendant ,blome4 ,it appears below on pages #gfc to #gfh4 ,this argumentation is followed by selections from the evidence on pages #gfi to #gid4 b4 ,selection from the ,argumentation of the ,prosecution ,,extract ,,from ,,the ,,closing ,,brief ,,against ,,defendant ,,blome 99 99 99 99 99 ,personal ,participation in ,criminal ,activities--,murder and ,mistreatment of ,polish ,nationals ,by #aida it was the accepted policy of the ,third ,reich to exterminate the ,jewish population of ,germany and the occupied countries4 7,,imt judgment4#hi7 ,in pursuance of this policy the ,reich ,governor of the ,warthegau1 ,greiser1 obtained permission from ,himmler to exterminate the ,jewish population in this province4 ,in a letter of #a ,may #aidb1 he informed ,himmler that the 8special treatment0 of about #ajj1jjj ,jews would be completed within #b to #c months4 ,he stated that as soon as this task was completed1 the 8existing and efficient special commandos0 could be used for the extermination of approximately #ce1jjj ,polish ,nationals who suffered from open tuberculosis4 ,these ,poles allegedly were a danger to the ,german officials and their families because they were a possible source of tubercular infection4 ,greiser went on to say3 8,the ever-increasing risks were also recognized and appreciated by the deputy of the ,reich ,health ,leader for ,public ,health ,reichsgesundheitsfuehrer ,comrade ,professor ,dr4 ,blome as well as by the leader of your ,x-ray battalion1 ,,ss ,standartenfuehrer ,prof4 ,dr4 ,hohlfelder4 8,though in ,germany proper it is not possible to take appropriate draconic steps against this public plague1 ,i think ,i could take responsibility for my suggestion to have cases of open tuberculosis exterminated among the ,polish race here in the ,warthegau4 ,of course1 only a ,pole should be handed over to such an action who is not only suffering from open tuberculosis1 but whose incurability is proved and certified by a public health officer4 8,considering the urgency of this project ,i ask for your approval in principle as soon as possible4 ,this would enable us to make the preparations with all necessary precautions now to get the action against the ,poles suffering from open tuberculosis under way1 while the action against the ,jews is in its closing stages40 7,,no-#bdf1 ,pros4 ,ex4 #aif47 ,in a letter of #bg ,june #aidb ,himmler gave consent in principle to this plan and instructed ,greiser to discuss the individual measures in detail with the security police first1 in order to assure an inconspicuous accomplishment of the task4 7,,no-#bdd1 ,pros4 ,ex4 #bja47 ,on #ba ,november #aidb ,greiser informed ,himmler that the examinations which were to be carried out in order to separate the curable and incurable would be executed by ,professor ,hohlfelder and his ,x-ray battalion4 ,he estimated that the first utilization of the method would be in approximately six months4 ,he further stated3 8,in this stage of the proceedings1 ,professor ,dr4 ,blome1 in his capacity as ,deputy ,chief of the ,public ,health ,office ,hauptamt fuer ,volksgesundheit of the ,,nsdap is raising some objections as to its execution1 as he states in a letter of #ah ,november4 ,these objections are expressed only now1 although ,dr4 ,blome and ,dr4 ,hohlfelder and myself have spent months of preliminary work on examination1 clarification1 and straightening out the whole procedure4 8,i enclose a copy of ,blome's letter of #ah ,november for your information 99 99 9940 7,,no-#bdi1 ,pros4 ,ex4 #bjb47 ,in this letter1 ,blome stated that among the ,polish population of the province1 at least #ce1jjj persons were suffering from open tuberculosis1 and besides this number1 about #abj1jjj consumptives were in need of treatment4 ,this constituted an enormous danger to the ,german settlers in all parts of the province4 ,in order to make further ,german immigration possible1 counter measures were to be taken soon4 ,blome then outlined the three ways for the practical elimination of the danger of infection3 8#a4 ,special treatment ,sonderbehandlung of the seriously ill persons4 8#b4 ,most rigorous isolation of the seriously ill persons4 8#c4 ,creation of a reservation for all tubercular patients40 ,as to the first proposal he stated3 8,the approximately #ce1jjj ,poles who are incurable and infectious will be #8specially treated'4 ,all other ,polish consumptives will be subjected to an appropriate cure in order to save them for work and to avoid their causing contagion40 7,,no-#bdi1 ,pros4 ,ex4 #bjb47 ,blome pointed out that one of the practical difficulties of outright extermination of all tubercular ,poles was that it might provide excellent propaganda material for the enemies of ,germany1 especially with regard to the strong ,catholic feelings of the ,italian nation and 8all the physicians of the world40 ,he therefore considered it necessary that ,hitler himself personally decide on this step4 ,should ,hitler consider this radical solution as unsuitable1 preparations for the execution of the plan as outlined in points #b and #c should be made4 ,the exclusive settlement of all tubercular ,poles1 irrespective of whether they were curable or incurable1 would remove the danger of infection for the ,german settlers4 ,these ,poles should be used for labor4 ,not only the tubercular ,poles of the ,warthegau1 but also those in ,danzig-,west ,prussia1 those of the administrative district of ,zichenau1 and of the ,province of ,upper ,silesia should be isolated in the same settlement4 ,he stated3 8,another solution to be taken into consideration would be a strict isolation of all the infectious and incurable consumptives1 without exception1 in nursing establishments4 ,this solution would lead to the comparatively rapid death of the sick4 ,with the necessary addition of ,polish doctors and nursing personnel1 the character of a pure death camp would be somewhat mitigated40 7,,no-#bdi1 ,pros4 ,ex4 #bjb47 ,finally ,blome advocated as the most practicable solution the creation of a reservation similar to the reservation for lepers4 ,within the reservation1 the strict isolation of the strongly contagious could easily be achieved4 ,in this way the danger of infection would be removed and the problem of the ,german consumptives in the province would be overcome4 7,,no-#bej1 ,pros4 ,ex4 #bjc47 ,blome admitted that the expression 8special treatment0 which he used in the letter meant the killing of the tubercular ,poles4 7,tr4 p4 #dgia47 ,himmler approved ,blome's plan to create a reservation for tubercular ,poles1 incurable and curable alike1 in a letter to ,greiser dated #c ,december #aidb4 ,it would be possible to exploit this action for propaganda purposes1 whereas on the other hand1 outright extermination of those inflicted with open tuberculosis would take too long1 as the ,x-ray examinations of the ,polish population would require at least six months4 7,,no-#bea1 ,pros4 ,ex4 #bjd47 ,that at least some of the tubercular ,poles were exterminated1 while the others were taken to death camps where they were left to die1 is proved by the affidavit of the defendant ,rudolf ,brandt4 7,,no-#dda1 ,pros4 ,ex4 #bje47 ,brandt tried to explain1 not to say repudiate1 this affidavit by testifying that he made the statements on the basis of documents shown to him in pretrial interrogations4 ,he stressed the point1 however1 that he insisted the wording of one sentence be changed4 ,this sentence originally read3 8,as a result of the suggestions made by ,blome and ,greiser1 #h-aj1jjj ,poles were exterminated06 ,he changed the expression 8#h-aj1jjj0 to 8numerous40 7,tr4 pp4 #dhij1 #diec47 ,this proves in itself that ,brandt did not make his statement in exclusive reliance on the contents of the documents shown to him in pretrial interrogations 7,tr4 p4 #dhia7 but also on the basis of the knowledge he obtained as collaborator of ,himmler4 ,the documents do not show the execution of 8numerous0 ,poles4 ,moreover1 ,brandt states in these documents that ,dr4 ,blome visited ,himmler from time to time and supported ,greiser's suggestions4 ,there is no document in evidence or in the possession of the prosecution which would give the basis for this statement4 ,it is1 therefore1 clear that ,brandt's statements are founded upon knowledge which he obtained from ,himmler4 ,without a doubt1 ,rudolf ,brandt is as well advised on the crimes which are the subject of this trial as any man in ,germany4 ,there is no reason whatever for refusing to give full weight to the pretrial statements of ,brandt4 ,there has been no proof that these statements were obtained by fraud or duress4 ,brandt's testimony before the ,tribunal can be summed up in one sentence3 8,i remember nothing40 ,aside from a description of ,himmler's personality1 he contented himself with giving answers to leading questions by his attorney which were calculated to reveal him as a disembodied stenographic automaton--something in the nature of a proficient half-wit4 ,surely his pretrial affidavits are entitled to more weight than the blatant nonsense which was his testimony4 ,blome denied that he ever planned or suggested that ,poles suffering from open tuberculosis should be exterminated and that the remainder should be put in reservations and left there to die 7,tr4 pp4 #degh1 #dgij-a7 but he is contradicted by the proof of his own making4 99 99 99 99 99 c4 ,selection from the ,argumentation of the ,defense ,,extract ,,from ,,the ,,final ,,plea ,,for ,,the ,,defendant ,,blome#ij 99 99 99 99 99 ,probably the most serious accusation against ,dr4 ,blome seemed to be the allegation that he had proposed the murder of #be1jjj-cj1jjj tubercular ,poles and had taken part in carrying out this plan4 ,the evidence clearly shows1 however1 that this accusation is quite unfounded4 ,i maintain on the contrary 7a7 it is not true that ,dr4 ,blome approved or supported this murderous plan1 and 7b7 it is also untrue that this plan was ever carried out4 ,it is true1 however1 that it was ,dr4 ,blome himself who prevented this devilish plan4 ,it was ,dr4 ,blome who1 by his clever intervention saved the lives of the #be1jjj-cj1jjj tubercular ,poles who were to be 8liquidated40 ,the documents show that this plan originated with ,gauleiter ,greiser and ,reich ,leader ,,ss ,himmler4 ,blome was then assigned to this matter because it was known that he had for many years made the fight against tuberculosis the aim of his life1 and because he built his cancer institute in the same ,gau which ,gauleiter ,greiser governed4 ,blome stated his attitude to this plan clearly at the time in the well-known letter of #ah ,november #aidb4 7,,no-#bej1 ,pros4 ,ex4 #bjc47 ,he discussed the three possibilities which existed and explained the pro's and con's of each of these three possibilities in detail4 ,these three possibilities were either 8,liquidation10 i4 e41 the murder of those ,poles suffering from incurable tuberculosis1 their internment in isolated institutions1 or lastly1 their settlement in a reservation4 ,in his letter of #ah ,november #aidb 7,appendix #be7 he definitely rejected the first possibility and advocated the latter4 ,in this1 ,blome was completely successful4 ,greiser was so much impressed by ,blome's arguments that he no longer dared to carry out the liquidation of the ,poles which had been decided upon4 ,in fact1 he submitted ,dr4 ,blome's memorandum to the ,reich ,leader ,,ss ,himmler1 so that he should obtain a decision from ,hitler himself4 7,,no-#bdi1 ,pros4 ,ex4 #bjb47 ,this was already a remarkable success for ,blome1 because ,himmler had already ordered the liquidation of the ,poles4 ,blome's arguments made such an impression even on the bloodhound ,himmler that1 contrary to ,greiser's expectations1 he cautiously put the matter before ,hitler again and obtained his definite ruling4 ,it should be remembered that this in itself would no longer have been necessary1 because not only had ,conti agreed to the murder1 but from ,greiser's covering note of #ba ,november #aidb it is obvious that ,hitler had also given his approval to the extermination of the ,poles before4 ,thereupon1 after a subsequent examination of the matter1 ,hitler withdrew the extermination order and thus ,himmler had no alternative but to do the same4 ,this is clearly proved by ,himmler's letter of #c ,december #aidb4 7,,no-#bea1 ,pros4 ,ex4 #bjd47 ,the extermination of the ,poles did not take place2 this is due to ,blome4 ,although these facts are incontestably proved by the documents presented1 the prosecution nevertheless upheld the charge against ,blome4 ,this evidently was due to the peculiar wording of ,blome's letter to ,greiser of #ah ,november #aidb4 ,the prosecution in their speech of #ai ,december #aidf described this letter a 8devilish masterpiece of murderous intent40 ,in considering this case1 the prevailing conditions should be borne in mind4 ,dr4 ,blome knew that the tuberculous ,poles were lost1 that their murder had been decided upon1 unless it was possible on some grounds to change ,hitler's mind at the last moment4 ,the statement of the witness ,dr4 ,gundermann 7,blome #a1 ,blome ,ex4 #h7 proved that ,blome at that time1 as is confirmed by ,blome's own testimony 7,tr4 pp4 #degd-gh71 strove for days for a successful wording of his letter2 he repeatedly drafted the letter1 then rejected the wording again1 and finally introduced arguments in the letter which he hoped would be successful4 ,from the very beginning he was aware1 of course1 that his intervention was bound to fail and have no success if he described ,hitler's planned extermination of the ,poles as a crime and downright murder and solemnly protested against it4 ,in this way ,blome would have achieved nothing for the ,poles1 but would have had to expect to be brought before a court himself and sentenced for sabotaging an order of the ,fuehrer1 or to have disappeared in a concentration camp without any legal sentence4 ,with such simple method as entering a solemn protest by calling on the laws of humanity or of justice nothing would have been achieved with ,hitler1 especially when he had already made up his mind and had decided on a certain matter and had already given the necessary orders for execution2 in such cases ,hitler was usually inaccessible and would not listen to any counterproposals4 ,dr4 ,blome knew this1 of course1 just as well as1 for instance1 the ,gauleiter of the ,lower ,danube1 who in connection with a similar problem 7sterilization71 in his letter of #bd ,august #aidb 7,,no-#jci1 ,pros4 ,ex4 #aec7 pointed out the importance of 8enemy propaganda10 as he considered this most likely to be successful4 ,dr4 ,blome therefore looked for reasons which would perhaps have a decisive influence on ,hitler and these were either the ,church or other nations4 ,it is understandable that ,hitler1 in view of the tense situation at that time1 in the middle of the ,second ,world ,war1 did not want to break completely with the ,church1 and he also had to consider the opinion of foreign countries so as not to antagonize neutral states4 ,dr4 ,blome speculated on these two points4 ,in his letter of #ah ,november #aidb he emphasized in a skillful manner1 and with full determination1 these two points of view1 and with those two references he achieved full success4 7,,no-#bej1 ,pros4 ,ex4 #bjc47 ,it may now be realized why ,blome1 in the early part of his letter1 tried to give ,hitler the impression that he 7,blome7 fully agreed with the plan as such for the extermination of the ,poles1 and why he even pretended that everything was already prepared for the execution of this plan4 ,hitler had1 so to speak1 only to press the button and #be1jjj-cj1jjj ,poles would be done away with4 ,this was merely a trick which ,blome used in order to ensure a favorable consideration of his second and third proposals 7internment or reservation74 ,if ,dr4 ,blome had written that he declined to approve such an order of the ,fuehrer1 that1 in consequence1 no preparations for its execution had been made1 and that he would rather resign than become a party to a mass murder1 then ,hitler would have had his customary outburst1 and ,blome would have been finished as far as he was concerned2 he would1 of course1 have entirely disregarded the protest of such a 8saboteur10 and in the interests of so-called 8reasons of ,state10 the ,fuehrer's orders would have been strictly carried out4 ,to prevent this1 ,dr4 ,blome had to pretend for the time being1 that he was ready to acknowledge the ,fuehrer's orders as a matter of course and1 where possible1 to participate personally in their execution1 if ,hitler1 as ,head of the ,state1 so desired4 ,however1 when weighing the pro's and con's1 ,dr4 ,blome was able to bring to the foreground points of view against the plan of extermination which conceivably might greatly impress ,hitler4 ,blome's letter of #ah ,november #aidb can only be explained thus1 and was intended in this way4 7,blome #a1 ,blome ,ex4 #h47 ,so ,dr4 ,blome1 on the strength of this letter1 cannot be convicted4 ,for it is certain that ,hitler thereupon dropped his plan and completely rescinded his orders for the murder4 ,this success1 which could hardly have been anticipated because of ,hitler's obstinacy and vainglory1 completely justifies the defendant ,blome4 ,it proves that ,blome's conception was the right one and that his manipulations saved the lives of the ,poles4 ,another matter helped ,blome considerably1 which must not be overlooked here4 ,shortly before1 ,hitler had cancelled the continuation of the ,euthanasia ,program4 ,apparently he did this under the influence of numerous protests which had been made by the two ,christian ,churches4 ,the reaction abroad also played a considerable part in this because mass destruction of the insane had been taken up repeatedly by the foreign press with particular reproaches against the ,nazi regime4 ,dr4 ,blome made use of these points of view which had proved effective in the case of the ,euthanasia ,program1 and they also produced telling effects in the case of the tubercular ,poles4 ,why did the prosecuting authorities maintain the accusation against4 ,dr4 ,blome in spite of all this8 ,apparently this was solely on account of an affidavit by the codefendant ,rudolf ,brandt4 ,in his affidavit of #bd ,october #aidf ,rudolf ,brandt completely suppresses the letters which cause the complete rescinding of the plan for murder4 7,,no-#dda1 ,pros4 ,ex4 #bje47 ,he is silent about these letters1 although it can be proved that they passed through his hands1 were initialed1 and handed down to lower offices by him4 ,during his examination by the defense1 ,rudolf ,brandt was charged with untruthfulness4 ,he was unable to offer an explanation1 failed to answer1 and was forced to submit to the charge of untruthfulness1 of deliberate untruthfulness4 ,altogether1 ,rudolf ,brandt has made an amazing number of affidavits2 he has1 without scruples1 supplied the prosecution with practically every affidavit desired for the incrimination of codefendants1 and with equal readiness1 he has given affidavits for these same codefendants which directly contradicted his former assertions4 ,what he confirms under oath today1 he denies under oath tomorrow1 and vice versa4 ,however1 it must be stated that the affidavit which ,rudolf ,brandt made against ,dr4 ,blome1 dated #bd ,october #aidf1 was the climax of his mendacity4 ,after the experiences in this trial1 and after having become acquainted1 as we have1 with a man like ,rudolf ,brandt1 it would be ridiculous even to consider attaching any weight to the affidavit of a man such as we have got to know in ,rudolf ,brandt4 ,his affidavit of #bd ,october #aidf has been entirely refuted by documents introduced by the prosecution4 ,it is unnecessary1 therefore1 to examine to what extent ,rudolf ,brandt's untruthfulness can be traced to his state of mental health4 ,during the session of #i ,december #aidf the prosecuting authorities announced3 8,the prosecution will introduce evidence to show that the program was in fact carried out at the end of #aidb and the beginning of #aidc1 and that as a result of the suggestions made by ,blome and ,greiser1 many ,poles were ruthlessly exterminated and that others were taken to isolated camps1 utterly lacking in medical facilities1 where thousands of them died40 ,this evidence has not been produced so far by the prosecuting authorities1 although the defense1 during the session of #ag ,march #aidg1 referred in particular to this lack of evidence4 ,the assertions of a ,rudolf ,brandt in this respect cannot be evaluated as 8evidence10 even if it had not been completely retracted and even if it had not already been completely refuted by additional documents submitted by the prosecution4 ,if the prosecuting authorities had succeeded in producing the witness ,perwitschky1 who had already been proposed in #aidf1 and who had been approved by the ,tribunal1 then his testimony would have produced additional clear proof that ,blome actually prevented the proposed mass murder4 ,we know that later fate of these ,poles who suffered from incurable open tuberculosis from the affidavit of ,dr4 ,gundermann1 the highest medical officer of the ,warthegau 7the territory in which the tubercular ,poles were to be liquidated74 7,blome #a1 ,blome ,ex4 #h47 ,the fight against tuberculosis was a legal task of the ,public ,health ,offices which were subordinated in the ,warthegau to the witness ,dr4 ,gundermann4 ,as a result of difficulties caused by the war1 it was not possible to accommodate during the war1 either in restricted institutions or in a segregated area1 those suffering from tuberculosis2 these two possibilities1 which had been examined in a letter dated #ah ,november #aidb from ,blome to ,greiser were therefore out of the question for the time being4 7,,no-#bej1 ,pros4 ,ex4 #bjc47 ,therefore1 the tubercular ,poles were provided for according to the same legal regulations which applied to tubercular ,germans in ,germany proper4 ,legal regulations notwithstanding1 a separate ,tuberculosis ,welfare ,office1 with ,polish physicians and nurses1 was established in the various health offices of the ,warthegau4 7,blome #a1 ,blome ,ex4 #h47 ,therefore1 the contention of the prosecution 8that the accommodation of sick ,poles in restricted institutions resulted in the comparatively rapid death of the sick0 or1 that the transportation of the sick into a reserved area meant that1 8they were left to their fate1 provided with few physicians and with few or no nursing personnel10 is devoid of application4 7,tr4 pp4 #geg-ei47 ,it should be observed1 however1 that these proposals by ,blome 7for internment or reserved areas7 did not originate from him1 but had already been discussed during the meeting of the ,german ,tuberculosis ,society in #aicg1 and went back to proposals which had already been worked out years before by ,english research workers in tuberculosis on instructions from the ,international ,tuberculosis ,commission1 and which had been generally approved4 7,blome #ad1 ,blome ,ex4 #f47 ,therefore1 even if the existence of these proposals had been known1 it cannot be said that they contradicted in any way the laws of humanity4 ,according to widespread views held by the responsible circles1 such measures are necessary if tuberculosis1 from which millions die yearly1 is to be fought effectively1 and if the healthy portion of the population is to be protected effectively against the dangers of infection through incurable tubercular patients4 ,in this case1 the protection of the healthy population against infection appears more important than consideration for the unrestricted liberty of incurable patients4 99 99 99 99 99 d4 ,evidence ,prosecution ,documents ,doc4 ,no4 ,pros4 ,ex4 ,no4 ,description of ,document ,page ,,no-#bdg #aig ,letter from ,koppe to ,rudolf ,brandt1 #c ,may #gfi #aidb1 concerning the killing of tubercular ,poles4 ,,no-#bdd #bja ,letter from ,himmler 7signed by ,rudolf #ggj ,brandt7 to ,greiser1 #bg ,june #aidb1 concerning the extermination of tubercular ,poles4 ,,no-#bej #bjc ,letter from ,blome to ,greiser1 #ah ,november #gga #aidb1 concerning the mass extermination of tubercular ,poles4 ,,no-#dda #bje ,affidavit of defendant ,rudolf ,brandt1 #bd #gge ,october #aidf1 concerning the plan to exterminate tubercular ,polish ,nationals4 ,,no-#bdf #aif ,letter from ,greiser to ,himmler1 #a ,may #ggf #aidb1 concerning the plan for mass extermination of tubercular ,poles4 ,defense ,documents ,doc4 ,no4 ,def4 ,ex4 ,no4 ,description of ,document ,page ,blome #ad ,blome ,ex4 #f ,extracts from a report on the ,german #ggg ,tuberculosis ,conference of #ah to #bj ,march #aicg1 at ,wiesbaden4 ,blome #a ,blome ,ex4 #h ,extracts from the affidavit of ,dr4 ,oskar #ggh ,gundermann1 #bh ,december #aidf1 stating that ,blome opposed the plan to exterminate tubercular ,poles and that the plan was never carried out4 ,testimony ,extract from the testimony of defendant ,blome4 #ghj ,,translation ,,of ,,document ,,no-#bdg ,,prosecution ,,exhibit #aig ,,letter ,,from ,,koppe ,,to ,,rudolf ,,brandt1 #c ,,may #aidb1 ,,concerningthe ,,killing ,,of ,,tubercular ,,poles ,the ,higher ,,ss and ,police ,leader on the ,staff of the ,reich ,governor in ,poznan1 ,in ,military ,district ,,xxi ,wehrkreis ,,xxi1 ,journal ,no4 #acb_/db g ,poznan1 #c ,may #aidb ,fritz-,reuter ,street1 #b;a ,tel3 #feja-je ,secret ,to the ,reich ,leader ,,ss1 ,personal ,staff1 ,attention3 ,,ss ,obersturmbannfuehrer ,brandt1 ,berlin ,,sw #aa1 ,prinz ,albrecht ,street #h4 ,subject3 ,poles afflicted with ,,tb4 ,dear ,comrade ,brandt1 ,may ,i ask that you submit the following matter to the ,reich ,leader ,,ss3 ,the ,gauleiter will shortly ask the ,reich ,leader ,,ss for permission to have ,poles who have been shown to be afflicted with open ,,tb admitted to the detachment ,lange for special treatment4 ,this request is motivated by the ,gauleiter's serious and understandable concern for the physical welfare of the ,german people here4 ,for there are about #bj-be1jjj ,poles in the ,gau who1 according to the doctors' opinion1 are afflicted with incurable ,,tb and who will not be fit for assignment to work again4 ,in view of the fact that these ,poles live very closely crowded together1 particularly in the cities1 and that1 on the other hand1 they come in constant contact with the ,german population1 they constitute a tremendous source of infection which must be checked as quickly as possible4 ,if this is not done1 the infection of large numbers of ,germans and most serious damage to the health of the ,german population must be expected4 ,today already the number of cases of ,germans1 among them also members of the police force1 becoming infected by ,poles with ,,tb is increasing4 ,under these circumstances1 ,i consider the solution desired by the ,gauleiter as the only possible one and ask that you inform the ,reich ,leader ,,ss accordingly4 ,with comradely greetings1 ,heil ,hitler6 ,yours1 ,signature ,w4 ,,koppe ,,translation ,,of ,,document ,,no-#bdd ,,prosecution ,,exhibit #bja ,,letter ,,from ,,himmler 7,,signed ,,by ,,rudolf ,,brandt7 ,,to ,,greiser1 #bg ,,june #aidb1 ,,concerning ,,the ,,extermination ,,of ,,tubercular ,,poles ,top ,secret ,reich ,leader ,,ss ,journal ,no4 #abdg_/db ,reference3 ,yours of #a ,may #aidb1 ,p #hjb_/db4 ,bra_/,v4 ,handwritten ,,xi #b_/ig ,fuehrer ,headquarters1 #bg ,june #aidb ,secret ,reichsstatthalter ,,ss ,obergruppenfuehrer ,greiser1 ,poznan #a4 ,dear ,comrade ,greiser6 ,i am sorry that ,i was not able until today to give a definite answer to your letter of #a ,may #aidb4 ,i have no objection to having protectorate people and stateless persons of ,polish origin1 who live within the territory of the ,warthegau and are infected with tuberculosis1 handed over for special treatment as you suggest2 as long as their disease is incurable according to the diagnosis of an official physician4 ,i would like to request1 however1 to discuss the individual measures in detail with the security police first1 in order to assure inconspicuous accomplishment of the task4 ,heil ,hitler6 ,yours1 ,signed ,h4 ,,himmler #b4 ,,ss ,obergruppenfuehrer ,koppe #c4 ,reich ,security ,main ,office ,copies for information4 ,by order3 ,signature ,,br4 ,,ss ,obersturmbannfuehrer4 ,initialed ,m #be_/f4 ,,translation ,,of ,,document ,,no-#bej ,,prosecution ,,exhibit #bjc ,,letter ,,from ,,blome ,,to ,,greiser1 #ah ,,november #aidb1 ,,concerning ,,the ,,mass ,,extermination ,,of ,,tubercular ,,poles ,dr4 med4 ,kurt ,blome ,deputy ,head ,,nsdap ,main ,office for ,public ,health #ah ,november #aidb ,berlin1 ,,sw #fh1 ,lindenstrasse #db ,to the ,reichsstatthalter and ,gauleiter1 ,party ,member ,greiser1 ,poznan ,reference3 ,tuberculosis action in the ,warthegau4 ,dear ,party ,member ,greiser1 ,today ,i return to our various conversations concerning the fight against tuberculosis in your ,gau1 and ,i will give you--as agreed on the #ith of this month in ,munich--a detailed picture of the situation as it appears to me4 ,conditions for quickly getting hold of all consumptives in your ,gau exist4 ,the total population of your ,gau amounts to about #d4e million people1 of which about #hce1jjj are ,germans4 ,according to previous observations1 the number of consumptives in the ,warthegau is far greater than the average number in the old ,reich4 ,it was calculated that in #aici there were among the ,poles about #ce1jjj persons suffering from open tuberculosis1 and besides this number about #abj1jjj other consumptives in need of treatment4 ,in this connection it must be mentioned that1 in spite of the evacuation of part of the ,poles further to the east1 the number of sick persons is at least as great as in #aici4 ,as1 in consequence of the war1 living and food conditions have deteriorated steadily1 one must expect an even higher number4 ,with the settlement of ,germans in all parts of the ,gau an enormous danger has arisen for them4 ,a number of cases of infection of children and adults occur daily4 ,what goes for the ,warthegau must to a certain degree also hold true for the other annexed territories1 such as ,danzig-,west ,prussia1 the administrative districts of ,zichenau and ,katowice4 ,there are cases of ,germans settled in the ,warthegau who refuse to have their families follow because of the danger of infection4 ,if such behavior is imitated1 and if our compatriots see that necessary measures for combating tuberculosis among the ,poles are not carried out1 it is to be expected that the necessary further immigration will come to a halt4 ,in such a way the settlement program for the ,east might reach an undesired state4 ,therefore1 something basic must be done soon4 ,one must decide the most efficient way in which this can be done4 ,there are three ways to be taken into consideration3 #a4 ,special treatment of the seriously ill persons4 #b4 ,most rigorous isolation of the seriously ill persons4 #c4 ,creation of a reservation for all ,,tb patients4 ,for the planning1 attention must be paid to different points of view of a practical1 political1 and psychological nature4 ,considering it most soberly1 the simplest way would be the following3 ,aided by the ,x-ray battalion we could reach the entire population1 ,german and ,polish1 of the ,gau during the first half of #aidc4 ,as to the ,germans1 the treatment and isolation are to be prepared and carried out according to the regulations of tuberculosis relief4 ,the approximately #ce1jjj ,poles who are incurable and infectious will be 8specially treated40 ,all other ,polish consumptives will be subjected to an appropriate cure in order to save them for work and to avoid their causing contagion4 ,according to your request ,i made arrangements with the offices in question1 in order to start and carry out this radical procedure within half a year4 ,you told me that the competent office agreed with you as to this 8special treatment0 and promised support4 ,before we definitely start the program1 ,i think it would be correct if you would make sure once more that the ,fuehrer will really agree to such a solution4 ,i could imagine that the ,fuehrer1 having some time ago stopped the program in the insane asylums1 might at this moment consider a 8special treatment0 of the incurably sick as unsuitable1 and irresponsible from a political point of view4 ,as regards the ,euthanasia ,program it was a question of people of ,german nationality afflicted with hereditary diseases4 ,now it is a question of infected sick people of a subjugated nation4 ,there can be no doubt that the intended program is the most simple and most radical solution4 ,if absolute secrecy could be guaranteed1 all scruples--regardless of what nature--could be overcome4 ,but ,i consider maintaining secrecy impossible4 ,experience has taught that this assumption is true4 ,should these sick persons1 having been brought1 as planned1 to the old ,reich supposedly to be treated or healed1 actually never return1 the relatives of these sick persons in spite of the greatest secrecy would some day notice 8that something was not quite right04 ,one must take into consideration that there are many ,polish workers in the old ,reich who will inquire as to the whereabouts of their relatives2 that there are a certain number of ,germans related to or allied by marriage with ,poles who could in this way learn of the transports of the sick4 ,very soon more definite news of this program would leak out which would be taken up by enemy propaganda4 ,the ,euthanasia ,program taught in which manner this was done and which methods were used4 ,this new program could be used better politically1 as it concerns persons of a subjugated nation4 ,the ,church will not remain silent either4 ,nor will people stop at discussing this program4 ,certain interested circles will spread the rumor among the people that similar methods are also to be used in the future for ,german consumptives--even1 that one can count on more or less all incurably ill being done away with in the future4 ,in connection with this ,i recall the recurring recent foreign broadcast in connection with the appointment of ,professor ,brandt as commissioner general spreading the news that he was ordered to attend as little as possible to the healing of the seriously sick1 but all the more to healing the less sick4 ,and there are more than enough people who listen to illegal broadcasts4 ,furthermore1 it is to be taken into consideration that the planned proceeding will provide excellent propaganda material for our enemies1 not only as regards the ,italian physicians and scientists1 but also as regards all the ,italian people in consequence of their strong ,catholic ties4 ,it is also beyond all doubt that the enemy will mobilize all the physicians of the world4 ,and this will be all the more easy as the general age-old conception of medical duty practice is 8to keep alive the poor and guiltless patient as long as possible and to allay his suffering40 ,therefore1 ,i think it necessary to explain all these points of view to the ,fuehrer before undertaking the program1 as1 in my opinion1 he is the only one able to view the entire complex and to come to a decision4 ,should the ,fuehrer decline the radical solution1 preparations for another way must be made4 ,an exclusive settlement of all ,polish consumptives1 both incurable and curable1 would be one possibility of assuring an isolation of the infected4 ,one could settle with them their immediate relatives1 if they so desire1 so that nursing and livelihood would be assured4 ,as regards labor commitment1 besides agriculture and forestry certain branches of industry could be developed in such territories4 ,i cannot judge whether you can conceive such a possibility within your ,gau4 ,i also could imagine the creation of a common area for the settlement of the consumptives not only of your ,gau1 but also of the districts of ,danzig-,west ,prussia1 of the administrative district of ,zichenau and of the province of ,upper ,silesia4 ,in order to avoid unnecessary overtaxing of public means of transport1 the transfer could be accomplished by walking4 ,this would be a solution that world propaganda could hardly use against us1 and one1 on the other hand1 that would not arouse any of those stupid rumors in our own country4 ,another solution to be taken into consideration would be a strict isolation of all the infectious and incurable consumptives1 without exception1 in nursing establishments4 ,this solution would lead to the comparatively rapid death of the sick4 ,with the necessary addition of ,polish doctors and nursing personnel1 the character of a pure death camp would be somewhat mitigated4 ,the following ,polish accommodation possibilities are at present available in your ,gau3 ,nursing ,home ,walrode #djj beds ,nursing ,home 8,grote ,wiese0 #cjj beds ,smaller establishments #bjj beds ,liebstadt barracks1 district of ,leslau as of #a ,jan #aidc #a1jjj beds ---------- ,total #a1ijj beds ,should the radical solution1 i4 e41 proposal ,no4 #a1 be out of question1 the necessary conditions for proposals #b or #c must be created4 ,we must keep in mind the conditions of the war deprive us of the possibility of arranging for a fairly adequate treatment of the curable consumptives4 ,to do so would require procuring at least #aj1jjj more beds4 ,this figure1 under the condition that the program is to be carried out within half a year1 could not be met4 ,after a proper examination of all these considerations and circumstances1 the creation of a reservation1 such as the reservations for lepers1 seems to be the most practicable solution4 ,such a reservation should be able to be created in the shortest time by means of the necessary settlement4 ,within the reservation one could easily set up conditions for the strict isolation of the strongly contagious4 ,even the case of the ,german consumptives represents an extremely difficult problem for the ,gau4 ,but this cannot be overcome1 unless the problem of the ,polish consumptives is solved at the same time4 ,heil ,hitler6 ,yours1 ,signed ,,dr4 ,,blome ,,translation ,,of ,,document ,,no-#dda ,,prosecution ,,exhibit #bje ,,affidavit ,,of ,,defendant ,,rudolf ,,brandt1 #bd ,,october #aidf1 ,,concerning ,,the ,,plan ,,to ,,exterminate ,,tubercular ,,polish ,,nationals ,i1 ,rudolf ,emil ,hermann ,brandt1 being duly sworn1 depose and state3 #a4 ,i am the same ,rudolf ,brandt who on #cj ,august #aidf swore an affidavit concerning certain low-pressure experiments which were also conducted with test subjects of the ,dachau concentration camp without their consent4 #b4 ,i am entitled by the same reasons as already stated in paragraphs #a1 #b1 and #c of my affidavit of #cj ,august #aidf to state as follows3 #c4 ,in the middle of #aidb the ,reich ,governor of the ,warthegau1 ,herbert ,arthur787 ,greiser1 suggested to ,himmler to annihilate ,poles infected with incurable tuberculosis4 ,in submitting this suggestion1 ,greiser gave as a reason that the ,germans in ,poland would be exposed to this epidemic4 ,dr4 ,kurt ,blome1 ,deputy ,chief of the ,main ,office for ,public ,health of the ,,nsdap1 and radiologist ,dr4 ,hohlfelder conferred with ,greiser about this matter4 ,dr4 ,blome was from time to time with ,himmler and supported ,greiser's suggestion4 #d4 ,the ,higher ,,ss and ,police ,leader1 and ,chief of the ,warthegau1 ,koppe1 further1 ,mueller of ,office ,,iv of the ,reich ,security ,main ,office 7,,rsha71 and the ,chief of the ,reich ,security ,main ,office1 ,heydrich1 were involved in this operation4 ,at the end of #aidb and the beginning of #aidc ,greiser carried out the annihilation of the ,jews in the ,warthegau1 and the rounding up of the tubercular ,poles was finished at the same time as the rounding up of the ,jews4 ,as a result of the suggestions made by ,blome and ,greiser numerous ,poles were exterminated4 ,many thousands of tubercular ,poles were taken to isolation camps where they had to take care of themselves4 ,i have read the above affidavit in the ,german language1 consisting of one page1 and it is true and correct to the best of my knowledge and belief4 ,i was given the opportunity to make changes and corrections in the above affidavit4 ,this affidavit was given by me freely and voluntarily without promise of reward1 and ,i was subjected to no threat or duress of any kind4 ,nuernberg1 #bd ,october #aidf ,signature ,r4 ,,brandt ,,translation ,,of ,,document ,,no-#bdf ,,prosecution ,,exhibit #aif ,,letter ,,from ,,greiser ,,to ,,himmler1 #a ,,may #aidb1 ,,concerning ,,the ,,plan ,,for ,,mass ,,extermination ,,of ,,tubercular ,,poles ,reich ,governor of the ,reichsgau ,wartheland4 ,poznan1 ,schlossfreiheit #ac1 #a ,may #aidb ,telephone ,no4 #ahbc #bd ,handwritten note ,p #hjb_/db ,top ,secret ,personal4 ,to the ,reich ,leader ,,ss ,heinrich ,himmler1 ,fuehrer ,headquarters4 ,reich ,leader1 ,the special treatment ,sonderbehandlung of about #ajj1jjj ,jews in the territory of my district ,gau1 approved by you in agreement with the ,chief of the ,reich ,security ,main ,office1 ,,ss ,obergruppenfuehrer ,heydrich1 can be completed within the next #b-c months4 ,i ask you for permission to rescue the district immediately after the measures taken against the ,jews1 from a menace which is increasing week by week1 and use the existing and efficient special commandos for that purpose4 ,there are about #bcj1jjj people of ,polish nationality in my district1 who were diagnosed to suffer from tuberculosis4 ,the number of persons infected with open tuberculosis is estimated at about #ce1jjj4 ,this fact has led in an increasingly frightening measure to the infection of ,germans who came to the ,warthegau perfectly healthy4 ,in particular1 reports are received with ever-increasing effect of ,german children in danger of infection4 ,a considerable number of well-known leading men1 especially of the police1 have been infected lately and are not available for the war effort because of the necessary medical treatment4 ,the ever-increasing risks were also recognized and appreciated by the deputy of the ,reich ,leader for ,public ,health ,reichsgesundheitsfuehrer1 ,comrade ,professor ,dr4 ,blome1 as well as by the leader of your ,x-ray battalion1 ,,ss ,standartenfuehrer ,prof4 ,dr4 ,hohlfelder4 ,though in ,germany proper it is not possible to take appropriate draconic steps against this public plague1 ,i think ,i could take responsibility for my suggestion to have cases of open tuberculosis exterminated among the ,polish race here in the ,warthegau4 ,of course only a ,pole should be handed over to such an action who is not only suffering from open tuberculosis1 but whose incurability is proved and certified by a public health officer4 ,considering the urgency of this project ,i ask for your approval in principle as soon as possible4 ,this would enable us to make the preparations with all necessary precautions now to get the action against the ,poles suffering from open tuberculosis under way1 while the action against the ,jews is in its closing stages4 ,heil ,hitler6 ,signature ,,greiser ,,partial ,,translation ,,of ,,document ,,blome #ad ,,blome ,,defense ,,exhibit #f ,,extracts ,,from ,a ,,report ,,on ,,the ,,german ,,tuberculosis ,,conference ,,of #ah ,,to #bj ,,march #aicg1 ,,at ,,wiesbaden 7,published in ,berlin1 ,publishers3 ,julius ,springer1 #aicg7 ,extract from the report by ,dr4 ,erwin ,dorn1 chief physician of the ,charlottenhoehe ,sanatorium1 chief physician of the ,tuberculosis ,welfare ,center of the ,oberamt ,neuenbuerg1 ,calmbach 7,wuerttemberg7 concerning ,task and ,aims of the ,method of ,treatment and its ,application in ,consideration of the ,awaited ,special ,laws for the ,tubercular ,patients 99 99 99 99 99 ,page #ggj ,in former years1 particularly at the beginning of this century1 every attempt at a labor treatment of tubercular patients was condemned as useless1 as only a limited treatment was known4 ,on the other hand1 in countries such as ,holland1 ,england1 and ,switzerland1 where treatment lasting many months is possible1 labor treatment was firmly established4 ,we all know that several months are frequently needed in order to effect a change by the conservative or radical treatment4 ,our surgical patients 7plastics1 plugging1 bilateral pneumothorax1 premicectory7 also require a long time until the severe stage of tuberculosis has been alleviated1 and until they themselves again reach full working capacity4 ,in a similar manner to those treated conservatively1 these patients frequently remain contagious for the rest of their lives4 ,in the sanatorium they are superfluous1 in every day life1 useless4 ,but they should not be regarded as wholly incapacitated for years4 ,the aim of the labor treatment for active tubercular people is to fill this gap between the remedial treatment and full working capacity4 ,it should be carried out in a work-sanatorium or a settlement4 ,various conditions are necessary to enable tubercular persons with only a limited working capacity to derive satisfaction from their work4 ,the right type of work must be provided for them2 the work periods must be graduated according to the amount of work they can handle1 and it must be suited to their capabilities and to what they did in their former life4 ,the place of work and the tools should be satisfactory4 ,at a work-sanatorium1 in favorable climatic surroundings1 these requirements are best met if the patients are assigned to factory work4 99 99 99 99 99 99 99 99 ,page #ggb ,in my last year's report on the forced treatment of tuberculosis patients1 ,i showed that a patient suffering from open tuberculosis should remain in a work-sanatorium or settlement until the disease no longer presents a peril to himself and to his fellow men4 ,,partial ,,translation ,,of ,,document ,,blome #a ,,blome ,,defense ,,exhibit #h ,,extracts ,,from ,,the ,,affidavit ,,of ,,dr4 ,,oskar ,,gundermann1 #bh ,,december #aidf1 ,,stating ,,that ,,blome ,,opposed ,,the ,,plan ,,to ,,exterminate ,,tubercular ,,poles ,,and ,,that ,,the ,,plan ,,was ,,never ,,carried ,,out 99 99 99 99 99 ,from the summer of #aidj on ,i was chief medical officer in the department of the ,reich ,governor in ,poznan4 ,the frequency of tuberculosis in the region of the ,wartheland1 at one time incorporated into the ,reich1 was1 according to statistics recorded before #aici--;at the time of the ,polish ,health ,administration--considerably higher than in the ,german ,reich4 ,when the administration was taken over1 no modern welfare service for tuberculosis for the whole region existed4 ,among other things1 there were insufficient beds to effect a successful treatment and the isolation of tuberculosis patients4 ,the estimates made from the statistical material of infectious tuberculosis cases amounted to a round figure of #bj1jjj to #be1jjj people of the ,polish population4 ,to check this tuberculosis epidemic1 the authorities immediately began building #dj health offices with modern welfare centers1 as well as sanatoria and isolation homes with approximately #b1ejj beds for ,germans and ,poles 7the latter under ,polish medical direction with ,polish doctors and ,polish nursing staff71 and these were speedily finished4 ,these measures by the office of the ,reich ,governor were supported by the superior ,reich authority 7,health ,section of the ,reich ,ministry of the ,interior74 ,since the above institutions were able to check the spreading of the tuberculosis epidemic to a certain degree1 but particularly owing to the increasing difficulties arising from the war1 they were not able to get the urgently needed sanitary measures running effectively1 all the medical officers of the ,wartheland untiringly continued to warn their superiors and heads of departments urgently of the danger4 ,the whole affair took an unexpected turn in the autumn of #aidb1 because the ,gauleiter and ,reich ,governor ,greiser supposedly said that in case of necessity he would stop at nothing to check the tuberculosis epidemic effectively in the ,wartheland in the interest of the entire population4 99 99 99 99 99 ,i thought it my duty to talk personally to the head of the ,department of ,health in the ,reich ,ministry of the ,interior and the ,reich ,health ,leader1 ,dr4 ,conti1 in ,berlin1 about this matter and the entire tuberculosis problem4 99 99 99 99 99 ,as ,i was unable to get a clear answer from ,dr4 ,conti and could not be satisfied with such information as ,i received1 ,i immediately called on the ,deputy ,reich ,health ,leader1 ,dr4 ,blome4 ,i knew that he dealt with special questions concerning tuberculosis in the ,reich ,health ,leader's office4 ,from the beginning ,blome showed a clearly negative attitude toward any possible solution contrary to humanity or medical ethics4 ,he showed me the draft of a letter addressed to ,greiser2 ,i asked him to make a few additions and alterations4 ,we discussed the formulation of the letter in detail from the point of view of convincing ,greiser that an intensive continuation of the health and welfare measures so far taken1 and a further extension of the health program set up for the fight against tuberculosis could effectively avert the acute dangers4 ,the suggestion for a large tuberculosis settlement was particularly discussed4 ,this plan was based on smaller examples1 and its final aim was the establishment of a widely spread1 but nevertheless closed settlement for tuberculosis patients and their families4 ,in this settlement1 all modern examination1 treatment1 isolation1 and welfare facilities should be provided for the patients and members of their families who might be in danger4 99 99 99 99 99 ,dr4 ,blome and ,i having agreed on the tactics to be taken toward ,greiser and on the contents of the said letter1 ,dr4 ,blome began1 in my presence1 to dictate the draft of a new letter4 99 99 99 99 99 ,i concluded that the letter from ,dr4 ,blome to ,gauleiter ,greiser was successful1 mainly from the development in the fight against tuberculosis in the ,wartheland4 ,the regulation about tuberculosis relief having become effective for the whole ,reich territory on #a ,april #aidc1 a similar regulation for protection against tuberculosis could be decreed in the ,wartheland in favor of the ,polish population4 ,a central office for the fight against tuberculosis was established under the management of a specialist4 ,this office gave the same treatment to ,german and to ,polish cases4 99 99 99 99 99 ,during my period in office as chief medical officer in ,poznan1 until ,january #aide1 no tuberculosis patients were 8liquidated0 in the ,wartheland as far as ,i know4 ,i never received an order for such a measure1 much less brought one about either directly or indirectly4 ,on the contrary1 the office always tried to give all tuberculosis patients proper treatment4 99 99 99 99 99 ,,extract ,,from ,,the ,,testimony ,,of ,,defendant ,,blome#ia ,,direct ,,examination 99 99 99 99 99 ,,dr4 ,,sauter3 ,now1 ,witness1 ,i come to a different problem4 ,it is the suggestion made at that time that ,poles suffering from incurable contagious tuberculosis should be liquidated4 ,you were interrogated in ,january #aidf at ,oberursel concerning your participation in the plan for the extermination of tubercular ,poles1 and also on #i and #bb ,october #aidf here in the prison4 ,were the statements you made at that time true8 ,,defendant ,,blome3 ,yes4 ,but ,i must add that concerning this matter of the tubercular ,poles1 as far as ,i recall1 ,i said it was in #aidc1 while in reality1 as the files now show1 it took place in #aidb4 ,i must also say that my letter to ,greiser in ,november #aidb has been shown to me here4 ,i was asked whether this was my letter1 whether ,i had written this letter4 ,i said 8,no40 ,i said that because it was not a photostatic copy of the original1 but a photostatic copy of a copy4 ,i objected to several things in the letter and did not acknowledge it at that time4 ,they were external matters which occasioned me to make that statement4 ,later1 however1 in ,december1 when you took over my case1 you gave me this photostatic copy1 and ,i had an opportunity to study it carefully and reconstruct the conditions which existed at the time and1 therefore1 ,i now acknowledge this letter as authentic4 ,q4 ,it is true1 ,dr4 ,blome1 that the prosecution learned for the first time of this plan to exterminate the ,poles through you8 ,dr4 ,blome1 what can you say about that8 ,a4 ,yes4 ,the prosecution learned from me for the first time of this plan4 ,in #aidb ,i told my interrogator ,captain ,urbach at ,oberursel about it1 after he had described the details of the atrocities which ,i had not known up to that time4 ,q4 ,you just said #aidb4 ,a4 ,i meant #aide4 ,i meant ,december #aide4 ,i beg your pardon4 ,i do not believe that the prosecution had any knowledge of this1 at least not at ,oberursel4 ,q4 ,dr4 ,blome1 this whole matter begins with a letter from the ,reich ,governor ,greiser dated #a ,may #aidb4 7,,no-#bdf1 ,pros4 ,ex4 #aif47 ,tell us briefly who ,greiser was4 ,a4 ,this was ,arthur ,greiser1 ,gauleiter of the ,warthegau1 the ,reich ,governor of the ,wartheland1 and the ,reich ,defense ,commissioner of the ,wartheland4 ,q4 ,this ,gauleiter ,greiser1 who was a ,gauleiter in a district which now belongs to ,poland1 sent a letter on ,may #ast to the ,reich ,leader ,,ss suggesting that ,poles suffering from tuberculosis in the ,wartheland should be liquidated if the existence of open tuberculosis and the incurability of the patients were established by official doctors4 ,in this connection ,greiser writes and 7this is what ,i want to ask you about7 ,i quote1 8,the increasing dangers were also recognized and appreciated by ,deputy ,reich ,leader of ,public ,health1 ,dr4 ,blome1 as well as by the ,leader of your ,x-ray unit1 ,,ss ,standartenfuehrer1 ,dr4 ,hohlfelder40 ,that is the quotation4 ,what can you tell us today about these apparently early discussions between you and ,gauleiter ,greiser8 ,a4 ,i talked to ,gauleiter ,greiser about three times1 concerning the combating of tuberculosis in ,wartheland1 certainly once in the presence of ,professor ,hohlfelder4 ,these discussions go back to the year #aida4 ,i can recall ,greiser once saying that the simplest thing would be to treat the incurable tubercular ,poles exactly like the insane by means of euthanasia4 ,i pointed out that the comparison was not valid4 ,the ,poles1 ,i also said1 were not ,german citizens4 ,the plan which ,greiser was considering was a radical solution but ,i could not agree to it4 ,when sometime later ,i learned of the so-called ,fuehrer order1 according to which the euthanasia action was stopped and prohibited1 ,i considered this matter and ,greiser's statement as settled4 ,then the year #aidb was filled with purely organizational preparation for the tuberculosis action4 ,for example1 all the population had to be registered in card index files1 ,germans as well as ,poles2 preparations had to be made for a series of ,x-ray examinations4 ,then these examinations had to be evaluated1 and so on4 ,the latter was a matter for the state health offices1 that is the ,national ,socialist welfare organization1 and the ,x-ray unit which was to carry out the technical side of these examinations4 ,from time to time ,i had a report from ,professor ,hohlfelder about the preparations4 ,only when all prerequisites were fulfilled1 did ,i give my approval for such large scale action4 ,the execution of this action was dependent upon my personal approval4 ,i only took action in this tuberculosis question in the ,warthegau when ,i received alarming reports about an alleged liquidation order from ,himmler4 ,i learned of it because at the beginning of ,november ,sturmbannfuehrer ,perwitschky came to my office in ,berlin and reported to me that ,greiser had an order from ,himmler to the effect that incurably sick cases of tuberculosis found during the planned examinations in the ,wartheland were to be liquidated4 ,perwitschky belonged to the ,x-ray unit and was business manager for the society combating tuberculosis4 ,then ,i immediately reached an agreement with ,perwitschky that ,i would meet ,professor ,hohlfelder at ,poznan to discuss the matter and to prevent ,himmler's and ,greiser's plans from being carried out4 ,i went to ,poznan and discussed the matter with ,hohlfelder4 ,we were both greatly astonished at this order from ,himmler4 ,we agreed that this order must not be carried out1 and that we as ,german doctors could not lend our aid to such an action4 ,we discussed the manner in which this ,himmler-,greiser plan could be prevented4 ,we decided that ,i should go to ,greiser first of all4 ,i telephoned ,greiser from this conference and said that it was very important that ,i should speak to him4 ,then ,i talked to him on the same day1 or on the next day4 ,when ,i asked ,greiser whether ,himmler's orders for liquidating were correct1 he said 8,yes40 ,he said he had the order in his hands4 ,i said that ,i was willing to prevent this plan in any case and explained why4 ,i said that in the first place as a doctor ,i could not participate in this and1 in the second place1 ,i pointed out the political danger connected with such a crime4 ,then ,greiser agreed that ,i should write a letter for him which he would pass on to ,himmler for a decision4 ,as for ,greiser's letter to ,himmler of ,may #aidb 7,,no-#bdf1 ,pros4 ,ex4 #aif7 which you just mentioned1 ,dr4 ,sauter1 ,i learned of it for the first time from files here1 and ,himmler's opinion concerning my letter of ,november #aidb ,i learned of here for the first time too4 ,up to that time ,i did not know about ,himmler's letter to ,greiser4 ,in the letter of ,may #aidb1 from ,greiser to ,himmler1 ,greiser writes1 ,i quote1 8that ,hohlfelder and ,blome recognized the ever-increasing risks and appreciated them40 ,but he does not say that ,hohlfelder and ,i approved liquidation4 ,the letter does not say that4 ,my basic opinion on the problem is the following3 ,let us suppose that we in ,germany had a valid law for the liquidation of incurably sick persons4 ,assuming that such a law did exist1 it would1 of course1 be out of the question to apply it to non-,germans4 ,application in this case would be a crime1 especially during war4 ,germany had occupied foreign territory and1 as an occupying power1 had to observe international law in the treatment given to the occupied territories4 ,as for the problem of tuberculosis1 ,i had dealt with it for some time1 especially since #aice when ,i had incorporated the tuberculosis question into the post-graduate medical training4 ,in #aicg ,professor ,janker1 ,bonn1 a well-known ,x-ray specialist1 called upon me for aid in developing a new procedure which1 with a minimum of cost1 would make it possible to examine large groups of the population4 ,this was the so-called ,x-ray screen photography which was developed4 ,i shall give you a brief explanation of this4 ,previously for an ,x-ray picture of the lungs1 a film had been needed of #bd by #cj centimeters4 ,this new procedure required a film of about only #d by #d centimeters4 ,that is1 the so-called ,leica size4 ,the pictures were taken with a ,leica4 ,the ,x-ray screen was photographed4 ,the successful development of this procedure meant that for an ,x-ray photograph1 in place of the price of from twelve to thirteen marks1 which the social insurance had paid1 it now could be produced for about ten pfennigs3 that is1 less than one percent4 ,the further value of the development of this process was that one would no longer need several minutes for an ,x-ray photograph1 but this procedure was developed to such an extent that we could take two hundred to three hundred pictures per minute4 ,i developed this screen picture process together with ,janker until we reached the results which ,i have just described4 ,at the ,x-ray ,congress in ,may #aich in ,munich ,i made this process public and ,i stated that with its aid one could begin a large-scale fight against tuberculosis4 ,only a few people believed my words at the time1 and some smiled pityingly4 ,after this congress1 ,professor ,hohlfelder1 who was later commander of the ,x-ray unit1 came to me1 and working with ,x-ray science1 the optical industry1 the film industry1 ,x-ray industry1 screen industry1 etc41 we developed the process during the course of that same year to such an extent that in a short time we were able to ,x-ray practically every inhabitant in the whole province of ,mecklenburg4 ,the procedure was then gradually developed until we could easily have ,x-rayed ten million or more in ,germany per year4 ,then1 during the war1 at my instigation1 in #aici and #aidj1 we ,x-rayed the population of the whole province of ,westphalia2 then in #aida1 the whole province of ,wuerttemberg1 including ,hohenzollern4 ,now there was the plan to ,x-ray the people of ,wartheland4 ,gauleiter ,greiser had approached me1 because approval had to be obtained from me1 and ,i gave such approval only if all prerequisites were given1 so that the cases which were discovered could be given some medical and clinical attention4 ,it had been our experience in these examinations that one percent new tuberculosis cases were discovered which had hitherto been completely undetected4 ,for the ,warthegau alone1 with a ,polish population of four and one-half millions1 that would have meant forty-five thousand new cases of tuberculosis1 not counting the ten thousand from among the one million ,german population4 ,i had withheld my approval for such actions because at that time1 with the development of this invention1 a plan of irresponsible ,x-raying was being carried out by various ,gauleiters and by large industries4 ,everyone wanted to take up the battle against tuberculosis but that would have been a disaster unless there had been some check4 ,when whole groups of population were ,x-rayed1 there had to be the necessary preparation of medical supplies from the beginning1 otherwise there would have been a catastrophe4 ,through this action and through these many new cases of tuberculosis which were discovered1 ,i consciously put the state in a difficult situation4 ,i forced the state to issue a new law for the fight against tuberculosis4 ,this law which was issued was the ,tuberculosis ,aid ,law4 ,this law formed the basis for the lung examination of the population of the ,wartheland which was actually carried out in #aidc-aidd4 ,this law1 it can be proved1 was not only of benefit to the ,german population in the ,warthegau1 but also to the ,polish population1 as is clearly seen from the affidavit of ,regierungsdirektor ,dr4 ,gundermann4 7,blome #a1 ,blome ,ex4 #h47 ,dr4 ,gundermann was the chief medical officer of the ,wartheland2 that is1 he had the main responsibility for the fight against tuberculosis in this ,gau4 ,q4 ,dr4 ,blome1 before we go into the letter of #ah ,november #aidb1 ,i should like to return to the spring of #aidb4 7,,no-#bej1 ,pros4 ,ex4 #bjc47 ,we just heard of a letter from ,gauleiter ,greiser dated ,may #aidb1 in which he suggests that ,poles suffering from tuberculosis should be liquidated4 ,he writes 8that the ever-increasing risks were also recognized and appreciated by the ,deputy of the ,reich ,leader for ,public ,health1 ,professor ,dr4 ,blome40 ,you said that ,greiser does not mention that you approved the plan for the liquidation of the ,poles4 ,i would be interested to know what your attitude was at that time1 in the spring of #aidb1 towards this plan4 ,did you approve of the plan to liquidate tubercular ,poles8 ,did you reject it8 ,what did you say about it8 ,a4 ,in the spring of #aidb ,i expressed no opinion at all in respect to this plan4 ,the discussions with ,greiser1 as ,i said1 were in the year #aida1 at the time when the euthanasia action was still in operation4 ,in #aidb ,i did not talk to ,greiser about such a plan at all4 ,i did not know that ,greiser intended to write this letter in ,may #aidb to ,himmler1 or that he did actually write it4 ,i heard about it only here and after ,greiser had made his statements in connection with the euthanasia action4 ,but the euthanasia action had been stopped by ,hitler's order1 and of course ,i assumed that such ideas on the part of ,greiser were settled too4 ,i did not approve of his ideas1 as ,i said before4 ,q4 ,then1 if ,i understand you correctly1 you did not deal with this matter in the fall of #aidb when this ,perwitschky brought you alarming news8 ,a4 ,yes4 ,that is right4 ,q4 ,can you tell us why ,gauleiter ,greiser discussed this tuberculosis problem with you particularly8 ,a4 ,the reason was1 as ,i have already said1 that the execution of such an action depended on my approval4 ,if ,i had said the ,warthegau was not to be ,x-rayed1 then it would not have been ,x-rayed1 no matter what the ,gauleiter did4 ,q4 ,dr4 ,blome1 ,gauleiter ,greiser was not thinking apparently of ,x-raying but of liquidating4 ,the letter of #a ,may #aidb1 where he makes the suggestion1 speaks only of liquidation4 ,it says nothing about ,x-raying4 ,i would like to find out how you became involved in this matter1 and when you heard of ,greiser's plan for the first time1 the plan to eliminate the tubercular ,poles8 ,a4 ,of course ,gauleiter ,greiser was thinking of ,x-raying2 that is essential for detecting incurable cases of tuberculosis4 ,q4 ,then1 ,witness1 on the #ahth of ,november you wrote a letter4 7,,no-#bej1 ,pros4 ,ex4 #bjc47 ,this is the letter which the prosecution has described as a 8masterpiece of murderous intention40 ,did you discuss this letter beforehand with the ,reich ,physician ,leader1 ,dr4 ,conti8 ,a4 ,no4 ,after ,i had talked to ,greiser ,i saw ,conti for a short time in ,berlin1 or ,i went to see ,conti to report to him about the plan and about my talk with ,greiser4 ,dr4 ,conti said1 8,what do you want8 ,that's an order from the ,reich ,leader1 that is1 ,himmler60 ,then ,i told ,conti what ,i had agreed upon with ,greiser1 and that ,i would write a letter to that effect to be sent on to ,himmler4 ,this he agreed to and also to my writing this letter4 ,but ,i did not discuss the contents with ,dr4 ,conti4 ,i did not see any point in doing so4 ,this statement of ,conti's showed that he knew about this plan of liquidation4 ,q4 ,witness1 this letter which you wrote to ,gauleiter ,greiser1 in which you opposed liquidation of the ,poles1 did you write it by yourself or did you discuss the draft of this letter with anyone8 ,a4 ,first of all ,i wrote the letter by myself4 ,after ,i had returned to ,berlin from ,poznan ,i had to go to ,munich4 ,when ,i came back from ,munich ,i wrote this letter4 ,i made various rough drafts4 ,it was not easy4 ,i had discussed the general tactics with ,hohlfelder according to which we would start right at the beginning of the letter by appearing to agree to the ideas1 but then in the second part of the letter we would list all the political factors which might induce ,himmler and the others to give up such an action4 ,it was not easy to write such a letter4 ,i worried about this letter a great deal until ,i thought ,i finally had a right draft4 ,in my preliminary interrogation an interrogator asked me something to this effect3 8,why did you not simply give up your office and resign when you heard about this plan80 ,my answer is as follows3 ,it would1 of course1 have been the simplest thing for me to take advantage of this opportunity to give up my position4 ,then ,i would have had nothing more to do with the whole matter2 at least #dj1jjj ,poles would have been murdered1 and ,i would not be under indictment today on this charge4 ,please excuse me for saying this1 but ,i must say it1 when such a charge is made against me4 ,i will try to speak as dispassionately as possible4 ,dr4 ,sauter had just said that the prosecution considers my letter a 8masterpiece of murderous intention04 ,i now state the following3 ,apart from this questionable affidavit of ,rudolf ,brandt1 the prosecution has not produced a single document to prove the murder of tubercular ,poles by me4 ,on the contrary1 the prosecution has submitted ,himmler's reply dated the end of ,november #aidb1 according to which ,himmler1 in answer to my letter1 prohibited the liquidation of the tubercular ,poles1 and this letter expressly says that my suggestion was to be carried out and that this matter was to be used as propaganda4 ,in spite of that1 the prosecution makes such charges as these against me4 ,i am accused of being a murderer #aj1jjj times for a crime which ,i did not commit but which ,i prevented1 as ,i can prove4 ,i should like to say something else4 ,the press1 of course1 has taken up this charge4 ,i cannot hold that against the press4 ,the consequence of this news1 however1 was that my family1 my wife and my little children1 are subjected to unpleasantness and even threats4 ,through this assertion of the prosecution1 the name of ,blome has been defamed in a way which it does not deserve1 especially if it can be proved that ,i prevented the crime with which ,i am charged4 ,,mr4 ,,hardy3 ,if it please your ,honor1 ,i object to any further comment of this type from the witness4 ,,presiding ,,judge ,,beals3 ,objection overruled4 ,witness may continue4 ,,defendant ,,blome3 ,i beg your pardon if ,i got rather excited4 ,i should like to conclude my statement by saying that ,i hope that this case will be soon cleared up1 and that then the press will be chivalrous enough to state that ,i not only did not commit this crime1 but that ,i actually prevented it4 ,,dr4 ,,sauter3 ,mr4 ,president1 ,i should like to discuss with the witness the letter of #ah ,november #aidb in which the defendant prevented the murder of the ,poles4 ,it will take some time4 ,i believe this would be a good time to take a recess4 99 99 99 99 99 ,,dr4 ,,sauter3 ,witness1 during the morning session you explained to us among other things the new method of ,x-ray photography1 the so-called screen photography2 you stated that using this new method one could take #bjj to #cjj photographs per minute4 ,were you not wrong1 didn't you mean perhaps per hour and not per minute8 ,,defendant ,,blome3 ,yes1 per hour4 ,q4 ,i just wanted to correct that so that it does not appear erroneously in the record4 ,we shall continue1 ,witness1 with the letter which we have repeatedly discussed1 the letter of #ah ,november #aidb1 regarding the extermination of ,poles4 7,,no-#bej1 ,pros4 ,ex4 #bjc47 ,it is a letter in which you define your attitude towards the proposal made by ,greiser1 namely to liquidate the tubercular ,poles4 ,do you know the contents of this letter8 ,a4 ,yes4 ,q4 ,in this letter you made certain proposals4 ,may ,i ask you to tell us what suggestions you actually made in that letter8 ,do you need the letter for that purpose8 ,a4 ,thank you1 ,i have it4 ,the most suitable suggestion ,i considered to be my suggestion to create an area in which one could put the tubercular ,poles1 and ,i recalled the leper colonies well known throughout the world4 ,i must emphasize that there is a considerable difference between tuberculosis and leprosy4 ,as ,i made the last draft of my letter1 the leading medical officer of ,warthegau was suddenly announced4 ,it was ,dr4 ,gundermann1 the highest state medical officer of ,warthegau4 ,he reported that he had just come from ,dr4 ,conti1 and that he had heard rumors from ,warthegau that tubercular ,poles were to be liquidated4 ,dr4 ,conti had maintained a very evasive attitude toward him1 so he had left ,dr4 ,conti without having achieved any results and thereupon he had decided to come to me4 ,i told him that he had come at the most suitable moment1 and ,i explained to him the position as it had developed in the meantime4 ,i told him of my conversation with ,hohlfelder and with ,greiser1 and of the letter which had been decided upon4 ,he was very pleased about it and was also pleased that ,i shared his attitude of rejection4 ,i showed him my draft letter and he made a few suggestions4 ,the number of geographical details in the letter actually originated from ,gundermann4 ,in particular1 he emphasized the importance of a special settlement for tubercular ,poles and recognized this as the most suitable solution4 ,i had already heard of such suggestions1 especially those arising from the tuberculosis meeting in #aicg4 ,during that meeting two well-known ,german tuberculosis experts1 ,dr4 ,dorn and ,dr4 ,hein1 had lectured on tuberculosis settlements4 ,very useful experience had been obtained from such tuberculosis settlements1 not only in ,germany but also in ,england4 ,when making my suggestion to ,himmler ,i explained in detail how such a suggestion could be realized4 ,in my letter ,i explained the tactics that were to be used1 taking into consideration the mentality of people like ,greiser and ,himmler1 and made it appear as though ,i wanted to agree with their liquidation program4 ,afterwards ,i cited all the political misgivings ,i had1 naming individual examples4 ,then ,i said that in one experiment the people who were seriously ill and those who were contagious would be segregated1 and that ,polish physicians and ,polish nursing personnel would be attached to these seriously ill patients in order to avoid the appearance of a death camp4 ,every physician knows1 and it is also known in lay circles1 that if one isolates seriously ill people1 such an isolation soon comes to be considered as an isolation for death4 ,that is why ,i said that the necessary ,polish physicians and nursing personnel must be attached to these camps4 ,my best suggestion ,i considered to be the creation of a colony for all tubercular ,poles4 ,in particular ,i wished to point out the following in my letter1 ,i said1 and ,i quote3 8,i could imagine that as the ,fuehrer stopped the program in the insane asylums sometime ago1 he might at this moment consider 'special treatment' of the incurably sick as unsuitable1 and unwise from a political point of view40 ,i mentioned that because ,greiser's suggestion in the year #aida pointed to a comparison with the euthanasia action4 ,in order1 however1 to be quite sure that these political misgivings also reached ,hitler and that the decision did not rest mainly in ,himmler's hands1 ,i sent a copy of my letter direct to ,martin ,bormann4#ib ,i furthermore want to point out the following matter4 ,i said3 8,i consider any secrecy completely impossible40 ,in this connection1 ,i should like to refer to a letter concerning a different action1 namely the letter from the ,deputy ,gauleiter of the ,lower ,danube1 dated #aidb1 which suggests experiments on the sterilization of national groups such as gypsies4 ,in this letter1 contrary to my letter1 completely different tactics are used4 ,the ,deputy ,gauleiter of the ,lower ,danube stated that one must keep such an action very secret1 because otherwise it would have serious consequences from the point of view of the state4 ,,mr4 ,,hardy3 ,is it the intention of the defendant to put the letter he is referring to in as evidence1 or is he merely quoting from his own letter8 ,,presiding ,,judge ,,beals3 ,can counsel for the defendant ,blome advise the ,tribunal on that point8 ,,dr4 ,,sauter3 ,this is a letter which has already been used by the prosecution and thus came to the knowledge of the defendant4 ,therefore he can quote it4 ,it is certainly not necessary to submit this letter once more4 ,,presiding ,,judge ,,beals3 ,would counsel please identify the letter1 the exhibit number1 and where it may be found8 ,,dr4 ,,sauter3 ,one moment1 please4 ,mr4 ,president1 this letter was submitted by the prosecution concerning sterilization experiments4 ,it was submitted as ,document ,,no-#jci--;,i repeat ,,no-#jci--,prosecution ,exhibit #aec4 ,it is a letter from the ,deputy ,gauleiter of the ,lower ,danube district addressed to ,reich ,leader ,,ss ,himmler dated #bd ,august #aidb4 ,this letter was already submitted by the prosecution4 99 99 99 99 99 ,,dr4 ,,sauter3 ,doctor1 will you please finish your answer8 ,,defendant ,,blome3 ,in this letter the ,deputy ,gauleiter of the ,lower ,danube district writes to ,himmler1 and ,i quote3 8,we are quite clear about the fact that such examination must be considered as an absolute state secret40 ,that is exactly contrary to the tactics which ,i used4 ,i say 8,i think that any secrecy is quite impossible10 and ,i give detailed reasons for this4 ,i will merely give you a short excerpt from my letter4 ,i point out how many ,polish workers there are in the ,german ,reich1 and that there would be questions from their relatives about their whereabouts4 ,then ,i indicate the number of ,germans who are related to these ,poles4 ,i also mention that1 in the case of the ,poles1 we are concerned with members of a conquered nation4 ,i further point out that certain circles would spread rumors among the population to the effect that similar methods would be used in the case of ,german tubercular patients in the future4 ,i further show that in connection with the appointment of ,professor ,brandt as ,commissioner ,general1 foreign broadcasts spread reports that ,brandt was no longer concerned with the rehabilitation of seriously wounded people1 but only with those people who had been slightly wounded4 ,i refer to the reaction which would result in the case of such a crime on the part of the ,italian physicians and scientists as well as the entire ,italian population4 ,i furthermore refer to the ,church1 and ,i then say and quote3 8,therefore1 ,i think it is necessary to explain all these points of view to the ,fuehrer before undertaking the program40 ,with reference to my suggestion for a kind of reservation1 ,i say in the last paragraph of my letter1 and ,i quote3 8,after a proper examination of all these considerations and circumstances1 the creation of a reservation such as the lepers colonies seems to be the most practical solution40 ,before that ,i had suggested that these tubercular settlements should be arranged in such a manner that relations who were willing could also be settled there4 ,in this way in addition to the necessary nursing personnel and the necessary ,polish physicians1 the necessary medical care would be safeguarded4 ,q4 ,witness1 you previously referred to your suggestions1 and you spoke about a congress on tuberculosis questions in which you participated4 ,,dr4 ,,sauter3 ,mr4 ,president1 ,i have an excerpt from the record of this tuberculosis congress4 ,it is a report on the ,third ,international ,congress4 ,it is a report on the proceedings of the ,german ,tuberculosis ,conference dated #ah to #bj ,march #aicg1 which took place at ,wiesbaden4 ,two speeches are reproduced here in excerpt form4 ,,presiding ,,judge ,,beals3 ,counsel1 this document is found in supplemental documents8 ,,dr4 ,,sauter3 ,yes1 in the supplemental volume4 ,in this report a paper by two well-known ,german tuberculosis experts is mentioned1 a ,dr4 ,erwin ,dorn1 who was the chief physician of a sanatorium for chest diseases at ,charlottenhoehe1 and a certain ,dr4 ,joachim ,hein1 who was the director of a sanatorium for chest diseases in ,holstein4 ,i am not going to read these papers in detail1 but ,i beg the ,tribunal to take judicial notice of them4 ,i submitted these reports of the conference in order to show that the same suggestions which this defendant1 ,dr4 ,blome1 made in #aidb when writing to ,gauleiter ,greiser1 are also contained here in the year #aicg1 and were made during the ,german ,tuberculosis ,conference4 ,these proposals did not concern foreign tubercular persons1 but ,german tubercular persons4 ,,presiding ,,judge ,,beals3 ,does counsel offer this document into evidence8 ,,dr4 ,,sauter3 ,it will become exhibit #f1 ,blome ,exhibit #f4 ,witness1 in this letter of #ah ,december #aidb1 about which we are speaking now1 you really dealt with three proposals3 7#a7 special treatment for the seriously ill persons2 7#b7 most rigorous isolation of the seriously ill persons--that is to say1 separation from the outside world2 and 7#c7 the creation of a reservation area for all tubercular patients in ,poland4 ,now when reading your letter1 one gains the impression--at least one might gain the impression--that you were speaking in favor of your first suggestion in the first part of your letter1 namely1 the 8special treatment0 of the seriously ill1 which is to say their liquidation as was suggested and desired by ,himmler and ,greiser4 ,my question is3 ,why did you not simply state very frankly in your letter of #ah ,november #aidb that this liquidation of the incurably ill tubercular ,poles1 as suggested by ,greiser and ,himmler1 was a crime2 that it could under no circumstances be permitted1 and that you1 ,dr4 ,blome1 would have nothing to do with any such proposal8 ,why did you not write to ,greiser on those lines at that time8 ,,defendant ,,blome3 ,i think that ,i already defined my attitude towards that question very briefly this morning1 and ,i state again1 ,i would have preferred merely to have pointed out the criminal aspects of this proposal in my letter1 but ,i knew the mentality of these men1 and it was quite clear to me that the expression of any such point of view could only have had a negative result4 ,in doing that ,i would not have saved myself1 and much less #cj1jjj tubercular ,poles--they would actually have then been liquidated4 ,if ,i had not wanted to present my true point of view frankly1 ,i would not have had to think for days about the letter2 it would only have been a matter of five or ten minutes4 ,i would just have had to dictate the letter and mail it4 ,i had1 however1 realized1 and it was also the opinion of ,professor ,hohlfelder1 that ,i would have to make it appear as if ,i agreed to the plan if ,i wanted to have any success with my counterproposals4 ,i was convinced that the mention of all the political aspects which might involve danger would be the only effective weapon4 ,the success of my procedure quite clearly speaks for the correctness of my tactics4 ,yes1 ,himmler really wanted to carry out this proposal ,i had made and he wanted to exploit it as propaganda2 that is clearly stated in ,himmler's letter to ,greiser1 dated the end of ,november #aidb4 ,the documentary value of my letter can be seen only in the following3 ,it shows1 firstly1 that during that period of brutal thinking1 men like ,himmler had no time for any considerations of a humane nature2 secondly1 only by a clear and definite statement on my part could the crime of the murder of #aj1jjj ,poles be prevented1 and ,i was only concerned with that result4 ,q4 ,witness1 the suggestion which you made in your letter was that under ,no4 #b3 the most rigorous isolation of the seriously ill persons4 ,with reference to this suggestion1 the prosecution considers that during the meeting of #ai ,december you had the idea of sending these tubercular patients to institutions and ,i quote3 8,that opinion was voiced because then the comparatively quick death of these patients would ensue in these institutions40 ,was that really your intention1 and did you think of any such possibility at that time1 that is1 when you made the suggestion8 ,a4 ,on the contrary ,i cannot recognize the evidence of the prosecution regarding that point as being logical4 ,had it been my intention to let the patients die1 ,i would not have demanded that they be given the necessary physicians and nursing personnel4 ,in addition1 ,i want to refer to my former testimony on this point4 ,q4 ,the other suggestion you made at that time and which is listed under ,no4 #c of your letter is the creation of a reservation for all tubercular patients4 ,during the same meeting of #ai ,december the prosecution said with reference to that proposal1 and ,i quote3 8,with this plan1 that is1 to send all patients into a reservation and thereby isolate them from the rest of the population1 you1 ,dr4 ,blome1 wanted to cause these sick ,poles to be left to their fate with very few doctors and scanty nursing personnel4 ,the aim of liquidating these ,poles was to be realized in this way40 ,what do you have to say1 ,dr4 ,blome1 to this motive which the prosecution imputes to you8 ,a4 ,this motive is not correct4 ,the contrary can clearly be seen from my letter4 ,in that connection ,i may refer to my previous explanation regarding my letter4 ,furthermore1 ,i refer to the affidavit of ,dr4 ,gundermann4 7,blome #a1 ,blome ,ex4 #h47 ,my interest was exactly the contrary to what the prosecution tries to impute to me1 for ,i was planning the very same thing for ,germany after the war4 ,if ,i had been able to carry through such an action1 and had been able to show success in that action1 it would have been easier for me later on to refer to the plans mentioned during the ,tuberculosis ,congress of #aicg by pointing out the success ,i had achieved in the ,warthegau4 ,even today ,i realize that until we are able to bring about really effective medical treatment1 or vaccination against the spread of tuberculosis1 the only really practicable and effective solution is the creation of such settlement areas or reservations4 ,q4 ,dr4 ,blome1 from your book1 entitled 8,physician in ,combat01 which has been submitted in evidence in its entirety as ,blome ,exhibit #a1 it can be seen that for quite a long time you had waged war against tuberculosis4 ,can you tell us on the basis of your experiences whether these proposals which you made in your letter of #ah ,december #aidb--that is1 either housing the sick in tuberculosis institutions1 or placing the consumptives in a reservation area--whether these suggestions were completely different from the manner of combating tuberculosis as practiced in various foreign countries up to that time1 or1 if not tuberculosis1 other infectious diseases of the same importance as tuberculosis8 ,a4 ,naturally the plan to set up a tuberculosis settlement on a large scale does not represent anything absolutely new1 because1 as can be seen from the documents submitted regarding the ,tuberculosis ,congress1 such tuberculosis settlements had existed in ,england and ,holland in addition to ,germany1 with good results2 but1 on the other hand1 the realization of this settlement idea would make an enormous difference to fight against tuberculosis generally4 ,the war difficulties that existed in #aidb and #aidc did not permit this plan to be realized as suggested by me for the ,warthegau4 ,the fight against tuberculosis continued1 however1 in the usual way1 as far as it was possible during the war1 and as it was dealt with throughout the ,reich for ,germans as well4 ,in other countries1 other experiments were made4 ,for instance in the year #aice certain well-known people in the city of ,detroit1 in ,america1 made a large-scale experiment for the combat of tuberculosis4 ,after preparations were made the entire population of ,detroit was asked1 by means of enormous propaganda by press and radio1 to submit to an examination for tuberculosis1 in order to find out the source of the infection4 ,the city of ,detroit had made the necessary facilities available for carrying out the examination and a certain success was obtained4 ,in particular1 nearly the whole of the colored population of ,detroit reported for these examinations1 whereas the ,american press1 on the other hand1 complained that this was not fully the case with the white population4 ,this action started in #aicf and was continued in #aicg4 ,i could not hear anything about the ultimate results because the war had started4 ,all actions such as that action in ,detroit1 and small settlements in the form of little villages for consumptives1 will not solve the entire problem unless done on a large scale4 ,there is no doubt that the problem of tuberculosis has not been tackled on a large scale in the world today4 ,the sole reason for that is that tuberculosis cannot be compared with any other contagious disease such as diphtheria1 cholera1 typhoid4 ,these epidemics have a shorter course and quickly claim their victims4 ,if that had been the case with tuberculosis the fight against it would have progressed much farther throughout the world4 ,the tragic thing in that problem is the manner of the disease itself1 the slow tricky course4 ,that is why1 in my opinion1 there are nowhere in the world laws which definitely secure the isolation of infectious tubercular subjects1 although such plans are being considered at all congresses dealing with tuberculosis all over the world4 ,as far as ,i know nobody has made a decisive step1 and ,i think the sole reason lies in the slow tricky course of tuberculosis1 in spite of the fact that tuberculosis is regarded as having the second highest mortality of all diseases4 ,q4 ,in addition to that letter of #ah ,december #aidb about which we are speaking now1 did you take any more steps to frustrate the plan of ,greiser1 namely1 to liquidate all tubercular ,poles1 and in particular did you turn to ,hitler or ,himmler personally in that matter8 ,a4 ,no4 ,i did not speak to ,hitler at all throughout the entire war4 ,q4 ,how about ,himmler8 ,a4 ,i spoke to ,himmler on various occasions1 but that was about one year later4 ,at that time ,i had as yet no official relations with ,himmler1 and ,i did not know him4 ,had this happened one year later1 when ,i already had official contact with ,himmler1 and had ,i known him better1 ,i would not have written a letter2 ,i would have approached ,himmler personally and would have been able to frustrate the action without having to write a letter4 ,having written this letter ,i received a report through ,greiser very shortly afterwards to the effect that ,himmler had withdrawn his order1 and that settled the affair as far as ,i was concerned4 ,i was only informed that everything was handled in an orderly and legal manner in the ,warthegau as regards the examination and the registration of tubercular persons4 ,q4 ,who told you that this plan had been withdrawn on the basis of your suggestion8 ,a4 ,i heard it from ,hohlfelder as well as from ,perwitschky4 ,q4 ,these were the two men-- ,a4 ,hohlfelder was the commanding officer of the ,x-ray unit1 and ,perwitschky was the business manager of the association for combating tuberculosis4 ,q4 ,did you find out how the rejection of this plan really came about1 and1 in particular1 do you know that when ,greiser's letter was shown to him ,himmler said that ,hitler himself had to decide1 and that ,hitler himself actually did decide that this plan was to be rejected for the reasons which you1 ,dr4 ,blome1 stated in your letter to ,greiser8 ,did you hear about that later8 ,a4 ,at that time ,i only learned from ,professor ,hohlfelder and ,perwitschky that the reasons stated in my letter had moved ,hitler to withdraw his order4 ,i only heard of ,himmler's letter here in this courtroom1 through the documents1 and ,i am1 therefore1 very grateful to the prosecution for not having withheld this letter from me4 ,q4 ,witness1 when you say that this plan of ,greiser's was frustrated because of you1 ,i must remind you of what the prosecution said here on #i ,december in this courtroom4 ,the prosecution said at that time1 8,we shall introduce evidence to show that the program was in fact carried out at the end of #aidb and the beginning of #aidc 99 99 9940 ,and by that1 the program for the liquidation of the tubercular ,poles was meant4 ,further1 8that as a result of the suggestions made by ,blome and ,greiser1 many ,poles were ruthlessly exterminated and that others were taken to isolated camps1 utterly lacking in medical facilities where thousands of them died40 ,these were statements made by prosecution4 ,i must again ask you very definitely1 did you at any time later hear that on the basis of these proposals tubercular ,poles were1 in effect1 exterminated8 ,a4 ,no4 ,the assertions of the prosecution are not true4 ,nothing happened to one ,pole within the framework of this tubercular action in the ,warthegau4 ,on the contrary they received decent medical treatment4 99 99 99 99 99 ----- #hi ,trial of the ,major ,war ,criminals1 vol4 ,i1 pp4 #bdg-bec1 ,nuremberg1 #aidg4 #ij ,final plea is recorded in mimeographed transcript1 #af ,july #dg1 pp4 #ajigb-ajiid4 #ia ,complete testimony is recorded in mimeographed transcript1 #ac1 #ad1 #ag1 #ah1 #ai1 #bj1 #ba ,march #aidg1 pp4 #ddej-dhab4 #ib ,defendant 7in absentia7 before ,international ,military ,tribunal4 ,see ,trial of the ,major ,war ,criminals1 ,vols4 ,i-,,xlii1 ,nuremberg1 #aidg4 ,d4 ,euthanasia a4 ,introduction ,the defendants ,karl ,brandt1 ,blome1 ,brack1 and ,hoven were charged with participation in and responsibility for the execution of the so-called 8,euthanasia ,program0 in the course of which hundreds of thousands of human beings1 including nationals of ,german occupied countries1 were murdered 7pars4 #i and #ad of the indictment74 ,on this charge the defendants ,karl ,brandt1 ,brack1 and ,hoven were convicted1 and the defendant ,blome was acquitted4 ,the prosecution's summation of the evidence on euthanasia is contained in its closing briefs against the defendants ,karl ,brandt and ,brack4 ,extracts from these briefs are set forth below on pages #gie to #hac4 ,a corresponding summation of the evidence by the defense on this program has been selected from the closing brief for the defendant ,karl ,brandt and from the final plea for the defendant ,brack4 ,it appears below on pages #hac to #hci4 ,this argumentation is followed by selections from the evidence on pages #hdb to #hif4 b4 ,selections from the ,argumentation of the ,prosecution ,,extracts ,,from ,,the ,,closing ,,brief ,,against ,,the ,,defendant ,,karl ,,brandt 99 99 99 99 99 ,the ,euthanasia ,program ,a4 ,procedure ,on #a ,september #aici ,hitler charged the defendant ,karl ,brandt and ,reichsleiter ,bouhler with the execution of the ,euthanasia ,program4 ,the letter of appointment stated3 8,reichsleiter ,bouhler and ,dr4 ,brandt1 ,m4 ,d41 are charged with the responsibility of enlarging the authority of certain physicians to be designated by name in such a manner that persons who1 according to human judgment1 are incurable can1 upon a most careful diagnosis of their condition of sickness1 be accorded a mercy death40 7#fcj-,,ps1 ,pros4 ,ex4 #ccj47 ,this document in no way limited the application of euthanasia to insane persons but included anyone who might be designated as 8incurable40 ,the witness ,mennecke testified that the program was carried out in the following way3 ,every ,german mental institution received questionnaires from the ,reich ,ministry of the ,interior which were to be completed for each inmate of the institution and to be sent back to the ,reich ,ministry of the ,interior4 ,experts then had to examine the questionnaires after they had been photostated2 they had to express their medical opinion on them1 and had to return them1 with their opinion1 to the ,reichsarbeitsgemeinschaft 7,reich ,labor ,association74 7,tr4 pp4 #ahgb1 #ahgc47 ,this ,reichsarbeitsgemeinschaft cooperated with the 8,stiftung0 7,charitable ,foundation for ,institutional ,care71 and the ,patients ,transport ,corporation4 ,the 8,stiftung0 was in charge of the financial side of the program1 while the ,patients ,transport ,corporation was used when patients were moved from one institution to another in order to bring them closer to the euthanasia institutions and finally into the euthanasia institutions themselves4 ,these three organizations1 ,reichsarbeitsgemeinschaft1 8,stiftung10 and ,patients ,transport ,corporation1 were in fact camouflaged names for the operation of the ,euthanasia ,program and were under the supervision of one management4 ,they did not work independently but together4 7,tr4 p4 #ahgd47 ,as to the questionnaires1 three experts received photostated copies1 and1 independently of each other1 they expressed their opinion on individual cases4 ,then so-called top experts expressed their opinion4 ,a list was made up of the patients who were judged subject to euthanasia1 and the patients were removed from the institution to so-called collecting points1 and from there were transferred to euthanasia institutes4 7,tr4 pp4 #ahgg1 #ahgh47 ,non-,german nationals and ,jews were subjected to euthanasia as well as ,germans4 7,tr4 p4 #ahha47 ,the activities of the experts were extended in the early summer of #aidj to inmates of concentration camps4 ,a doctors commission1 which consisted of doctors and officials from the ,euthanasia ,program1 filled out the questionnaires on inmates from among those who had been preliminarily selected by the camp doctors4 ,numerous concentration camps were visited1 some of them twice1 in the period between #aidj and the end of #aida4 7,tr4 pp4 #ahhb1 #ahhc47 ,dr4 ,mennecke1 who visited a number of concentration camps to select inmates1 received the orders for these activities from the top experts in the ,euthanasia ,program and from the defendant ,brack4 7,tr4 p4 #ahhb47 ,announcements about these trips were made from the ,berlin agency of the program to the individual concentration camps4 7,tr4 p4 #ahhe47 ,non-,german ,nationals and ,jews who were inmates of concentration camps were subjected to the ,euthanasia ,program in extensive numbers4 7,tr4 p4 #ahhg47 ,another function of the ,euthanasia ,program was the killing of mentally and bodily deficient children4 ,the witness ,walter ,schmidt testified that the agency which handled this part of the program was called the ,reich ,committee for ,research on ,hereditary and ,constitutional ,severe ,diseases ,reichsausschuss zur wissenschaftlichen ,erfassung von erb- und anlagebedingten schweren ,leiden4 ,the questionnaires were filled out by the health departments1 the chief of children's clinics1 physicians1 doctors1 midwives1 hospitals1 etc41 and reports were made to ,dr4 ,linden's office in ,berlin4 ,linden was a member of the ,ministry of the ,interior4 ,there a committee of chief experts1 on the strength of these reports1 decreed euthanasia through so-called authorizing orders in the form of a photostatic copy of the report1 which had been approved in writing4 ,these activities continued until #aidd4 7,tr4 pp4 #ahcc1 #ahcd47 ,schmidt himself was in charge of a special department for the killing of such deformed children4 7,tr4 p4 #ahcc47 ,workers from the occupied eastern territories who had become unfit for labor were executed pursuant to the ,euthanasia ,program4 ,busses belonging to the ,patients ,transport ,corporation1 which were operated by the personnel of the ,patients ,transport ,corporation1 took these victims to the extermination center of ,hadamar1 where they were killed4 7,tr4 pp4 #ahdb-ahde2 ,,no-#aaaf1 ,pros4 ,ex4 #dae47 ,this evidence on the method of carrying out the program is corroborated by the affidavit of the defendant ,brack 7,,no-#dbf1 ,pros4 ,ex4 #afj71 the affidavit of ,pauline ,kneissler 7,,no-#dgj1 ,pros4 ,ex4 #ccb71 the chart drawn by ,brack 7,,no-#bec1 ,pros4 ,ex4 #cca71 as well as numerous other documents in the record4 ,the evidence concerning the activities of the top experts and experts of the ,euthanasia ,program in the various concentration camps is corroborated by the affidavit of the camp doctor of the ,dachau concentration camp1 ,dr4 ,muthig 7,,no-#bgii1 ,pros4 ,ex4 #dig71 who states that in the fall of #aida1 ,professor ,heyde1 as leader of a commission of four psychiatrists1 came to the ,dachau concentration camp4 ,this doctors commission selected inmates1 unable to work1 for extermination by gas4 ,heyde was the first top expert of the ,euthanasia ,program4 7,tr4 p4 #bdie47 ,the affidavit of ,dr4 ,gorgass reveals that he and ,dr4 ,schumann1 both of whom were active in the ,euthanasia ,program1 visited the ,buchenwald concentration camp in ,june #aida4 ,gorgass states explicitly that the purpose of this trip was to acquaint himself with the assignment of concentration camp inmates to euthanasia institutions4 ,this visit was made on the order of ,brandt1 and was transmitted by the defendant ,brack4 7,,no-#cjaj1 ,pros4 ,ex4 #ejc47 ,b4 ,non-,german ,nationals and ,jews ,non-,german nationals and ,jews1 who were inmates of the concentration camps1 were victims of the ,euthanasia ,program which operated in these camps under the code name 8#ad f #ac40 7,,no-#dbi1 ,pros4 ,ex4 #bha47 ,a few documents submitted by the prosecution on one 8#ad f #ac0 action in ,gross-,rosen show how the ,euthanasia ,program operated in concentration camps4 ,the list of concentration camp inmates of the ,gross-,rosen concentration camp1 who were sent to the ,bernburg euthanasia station for extermination1 contains many names of non-,german nationals and non-,german ,jews4 7,,no-#aeh1 ,pros4 ,ex4 #daj47 ,jews in protective custody1 ,poles in protective custody1 ,jews who were habitual criminals1 ,jews who were 8shirkers10 ,jews who 8defiled the race10 ,czech 8shirkers10 and ,czechs in protective custody were among the inmates selected by the camp physicians for 8examination0 by the experts4 7#aaea-,,ps1 ,pros4 ,ex4 #daa47 ,by comparing the names on the lists contained on ,documents ,,no-#aeh and #aaea-,,ps1 it is proved that1 of the #bdj names listed for extermination in the ,bernburg euthanasia station1 at least #ea were of ,polish or ,czech nationality4 ,how many of the ,jews listed were of non-,german nationality cannot be ascertained from these documents1 but a substantial number of them were born in countries other than ,germany1 as the list contained in ,document ,,no-#aeh shows1 and it is therefore apparent that a further substantial number of the inmates selected for extermination were of non-,german nationality4 7,,no-#aeh1 ,pros4 ,ex4 #daj2 #aaea-,,ps1 ,pros4 ,ex4 #daa47 ,on #ag ,march #aidb1 #gj inmates were transferred to ,bernburg for extermination4 7,,no-#ahgc1 ,pros4 ,ex4 #eef47 ,of these1 #bg of the non-,jewish prisoners on the transport list were of ,czech or ,polish nationality4 ,compare transport list with list of inmates originally selected in ,gross-,rosen4 7#aaea-,,ps1 ,pros4 ,ex4 #daa47 ,on #ai ,march #aidb an additional #eg inmates arrived at ,bernburg from ,gross-,rosen4 7,,no-#aeh1 ,pros4 ,ex4 #daj47 ,of these1 #ae of the non-,jewish prisoners of the transport list were of ,czech or ,polish nationality4 ,thus1 of the total of #abg inmates proved to have been sent to ,bernburg in ,march #aidb1 at least #db1 or one-third of the total1 were non-,german citizens forcibly detained in an enemy country4 ,that all of these inmates were exterminated in ,bernburg is conclusively proved by the laconic report from ,gross-,rosen to the ,economic and ,administrative ,main ,office that 8special treatment of #abg prisoners was concluded on #b ,april #aidb40 7#abcd-,,ps1 ,pros4 ,ex4 #eee47 ,this evidence as to ,action #ad f #ac is amplified by the testimony of the witnesses ,neff 7,tr4 pp4 #fjj-fje71 ,kogon 7,tr4 pp4 #abaj-ac71 ,roemhild 7,tr4 pp4 #afcd-cg1 #afda71 and ,holl 7,tr4 p4 #ajfj74 ,non-,german nationals and ,jews other than those in concentration camps were not exempt from the program1 and many of them were killed4 ,besides the evidence cited under ,a above1 there is ample proof that non-,german nationals were subjected to extermination from the beginning of #aidj through the war4 7,,no-#aace1 ,pros4 ,ex4 #ccd2 ,,no-#hah1 ,pros4 ,ex4 #cgc47 ,jews of ,german and ,polish nationality and stateless ,jews were also subjected to the program4 7,,no-#acaj1 ,pros4 ,ex4 #ccg47 ,polish and ,russian nationals and other non-,german nationals were subjected to the program4 7,,no-#gbj1 ,pros4 ,ex4 #cff47 ,the questionnaires had a space provided for 8race01 being defined3 ,german or similar blood 7of ,german blood71 ,jew1 ,jewish mixed breed ,grades #a or #b1 ,negro 7mixed breed74 7#afif-,,ps1 ,pros4 ,ex4 #ceg47 ,this question would have been completely unnecessary if non-,germans were exempted from the program4 ,questionnaires had to be filled out about all patients who were not of ,german nationality or ,german related blood1 indicating their race and nationality4 7,,no-#hbe1 ,pros4 ,ex4 #ceh47 ,these questionnaires had to be processed by the experts4 7,tr4 p4 #ahha47 ,those who were active in euthanasia never received an order that non-,german nationals were to be excluded from the program4 7,,no-#hag1 ,pros4 ,ex4 #cfh47 ,the witnesses ,mennecke 7,tr4 pp4 #ahgg1 #aibb7 and ,schmidt 7,tr4 pp4 #ahfj-a7 also testified to this effect4 ,hugo ,suchomel1 ,,ll4 ,d41 the highest official after the ,minister in the ,austrian ,federal ,ministry of ,justice1 says in his affidavit that when ,brack1 as representative of the defendant ,brandt1 gave a lecture on euthanasia in the ,ministry of ,justice in #aidb1 he enumerated1 as the classes of persons who were exempted from the program1 the war-wounded and persons who had become insane as a result of air attacks4 ,foreigners and ,jews were not mentioned among the groups of persons who were excluded4 7,,no-#bbec1 ,pros4 ,ex4 #eeg47 ,brack admits having held the lecture4 7,tr4 p4 #gehi47 ,as early as #aici inmates of insane asylums in occupied ,poland were killed4 7#chaf-,,ps1 ,pros4 ,ex4 #cgj47 ,in the autumn of #aidj1 funds for the evacuation of #a1eeh inmates of mental institutions of ,east ,prussia and approximately #bej to #cjj insane ,poles were made available by the defendant ,brack1 who was the administrative executive of the ,euthanasia ,program4 ,as these transfers were carried out by a special detachment 7,sonderkommando7 of the infamous ,,sd1 which was used for special tasks1 there is no doubt that these insane ,poles were killed4 7,,no-#biji1 ,pros4 ,ex4 #ejj2 ,,no-#biaa1 ,pros4 ,ex4 #eja47 ,in ,september #aida1 an order was issued that the inmates of the insane asylums in ,russia1 in the occupation zone of the ,german ,army ,group 8,nord10 were to be killed4 7,,no-#ageh1 ,pros4 ,ex4 #ddd47 ,eastern workers were also dealt with4 7,,no-#adcj1 ,pros4 ,ex4 #dbi2 ,,no-#adcf1 ,pros4 ,ex4 #dcj47 ,eastern workers1 who had been forcibly brought into ,germany1 who were no longer able to work1 and who were considered a burden on the mental institutions of ,germany1 were brought together in a collecting institution and1 unless they could be discharged in a matter of six weeks1 they were exterminated under the ,euthanasia ,program4 7,,no-#hia1 ,pros4 ,ex4 #dad2 ,,no-#aaaf1 ,pros4 ,ex4 #dae47 ,half-,jewish healthy children 7,,no-#adbg1 ,pros4 ,ex4 #dca7 and adult gypsies 7#chhb-,,ps1 ,pros4 ,ex4 #cga7 were also killed4 ,c4 ,inadequate ,examination and ,lack of ,supervision ,the selection and examination of the persons who were subjected to euthanasia were criminally negligent and inadequate4 ,the defendant ,karl ,brandt testified that the doctors in the ,euthanasia ,program were given enormous responsibility4 7,tr4 p4 #bdbe47 ,he1 together with ,bouhler1 had authority over the physicians who were participating in the program4 7,tr4 p4 #bdjh47 ,he admitted1 however1 that he did not make observation in1 or visits to1 insane asylums4 ,he was only once in the ,bethel insane asylum and visited a special clinic in ,kassel4 ,he admitted having no expert knowledge in the field of psychiatry4 7,tr4 p4 #bdgj47 ,he1 the doctor of the two persons who were charged by ,hitler with the execution of euthanasia 7,bouhler was not a doctor71 authorized the doctors to administer euthanasia4 ,he did not make investigations as to the medical abilities of these men4 7,tr4 p4 #bdgf47 ,he does not know one single name of the total of ten to fifteen doctors who1 according to his testimony1 were charged with the execution of euthanasia4 7,tr4 pp4 #bdgh-i47 ,brandt testified that he only visited one of the extermination stations1 ,grafeneck1 in #aidj1 one time 7,tr4 p4 #bdhj71 and never went to an observation station4 7,tr4 p4 #bdha47 ,in winter #aici-aidj1 however1 he visited1 together with the defendant ,brack1 ,bouhler1 and ,conti1 the euthanasia station of ,brandenburg1 where the first gas chamber was set up4 ,the purpose of this visit was to observe a test experiment in which four insane persons were gassed4 7,tr4 pp4 #gfde-f47 ,victims of euthanasia were condemned to death by so-called top experts who had never so much as seen the patient4 ,the victims were only superficially examined on the basis of questionnaires4 7,,no-#dgj1 ,pros4 ,ex4 #ccb47 ,pfannmueller1 an expert1 received no less than #aei shipments of questionnaires1 averaging between #bjj and #cjj questionnaires each1 prior to #ae ,april #aida1 for judgment as to life and death4 7,,no-#aabi1 ,pros4 ,ex4 #ced2 ,,no-#aacj1 ,pros4 ,ex4 #cee47 ,since his main occupation was that of manager of an insane asylum1 his judgment of the questionnaires was only a secondary activity4 ,in a period of #ah days1 this same expert passed judgment on no less than #b1jeh questionnaires4 7,,no-#aabi1 ,pros4 ,ex4 #ced2 ,tr4 p4 #gchd47 ,questionnaires on patients who were in an asylum for as short a time as one month were filled out and formed the basis for judgment as to whether the particular inmate should be killed4 7,,no-#hbe1 ,pros4 ,ex4 #ceh47 ,many of these questionnaires were inadequately completed so that it was impossible in any event to form a clear medical opinion4 ,experts were also exposed to pressure to induce them to give positive opinions4 7,tr4 p4 #ahha47 ,unanimous opinion of the experts was not necessary to bring about a positive judgment which would condemn the patient to be killed4 ,the dissenting opinion of one expert did not suffice to save the life of the patient4 7,tr4 pp4 #aijg-h47 ,in a concentration camp #aje ,aryans were 8examined0 by the expert ,mennecke in an afternoon4 ,the 8examination0 of #a1bjj ,jews1 which consisted in the transcription of the reason for their arrest from the files to the reports1 took only a few days4 ,in a letter to his wife1 ,mennecke himself put the word 8examination0 in quotation marks4 ,it is impossible that any kind of mental examination of the patients was carried out4 7,tr4 p4 #ahib2 ,,no-#ijg1 ,pros4 ,ex4 #dab47 ,in fact1 these ,jews were mentally and physically healthy4 7,tr4 p4 #ahic47 ,it was impossible for ,dr4 ,heyde and his doctors commission1 which was active in the ,dachau concentration camp1 to examine the great number of inmates selected in the short time they spent there4 ,the examination consisted solely in the cursory study of personal records in the presence of the inmate4 7,,no-#bgii1 ,pros4 ,ex4 #dig47 ,doctors ,schumann and ,gorgass screened approximately #ajj concentration camp inmates during a one day's visit in the ,buchenwald concentration camp4 7,,no-#cjaj1 ,pros4 ,ex4 #ejc47 ,it was not the degree of insanity which was the decisive factor in the decision as to whether or not the inmates should be killed1 but rather their usefulness for work4 ,the manner of employment1 the value of work1 if possible compared with the average performance of healthy persons1 had to be carefully filled out in the questionnaires4 7#afif-,,ps1 ,pros4 ,ex4 #ceg47 ,valuable workers were not sent to euthanasia stations4 7#chfe-,,ps1 ,pros4 ,ex4 #cfe47 ,patients who had arteriosclerosis1 tuberculosis1 cancer1 and other disabling illnesses were included in the program4 7#chif-,,ps1 ,pros4 ,ex4 #cgb47 8,useless eaters0 were starved to death4 7#chaf-,,ps1 ,pros4 ,ex4 #cgj2 ,,no-#hbc1 ,pros4 ,ex4 #cii47 ,persons who no longer had any value to the state were considered 8useless eaters40 ,it was pointed out that during the war healthy people had to give up their lives while these severely ill people continued to live1 and would continue to live unless euthanasia was carried out4 ,in addition1 it was stated the lack of food and nursing personnel justified the elimination of these people4 7,tr4 p4 #aijf47 ,concentration camp inmates were examined as to their capacity for work and their political reliability and were selected accordingly for euthanasia4 7,,no-#bgii1 ,pros4 ,ex4 #dig47 ,questionnaires were completed on concentration camp inmates who were not insane4 7,,no-#cjaj1 ,pros4 ,ex4 #ejc47 ,prior to #bg ,april #aidc1 ,action #ad f #ac encompassed the execution not only of insane persons1 but persons suffering from tuberculosis1 bedridden individuals1 and others unfit for manual work4 7,,no-#ajjg1 ,pros4 ,ex4 #dac47 ,only inmates who were no longer fit for work were to be brought before the examining commission4 7#aaea-,,ps1 ,pros4 ,ex4 #daa47 ,in the case of killing of children1 a previous consultation with the parents or relatives did not take place4 7#chfd-,,ps1 ,pros4 ,ex4 #cfg47 ,the defense witness ,pfannmueller testified that1 after having received authorization to kill the individual child1 he invited the relatives to visit the child because it was sick4 ,however1 he never notified the parents or guardians that he was going to kill the child1 as this was a top secret matter4 7,tr4 p4 #gcid47 ,from the documents submitted by the defendant ,brack1 it is clear that the parents were deceived about the purpose of the transfer of the children to institutions where they were to be killed4 ,it was the business of the medical officers to induce the parents to send their children to such institutions4 ,to accomplish this1 the parents were told that in the case of individual diseases there was a possibility of achieving certain successes with treatment4 7,brack #eb1 ,brack ,ex4 #dc2 ,tr4 p4 #ggag47 ,the parents were told that the best care would be taken of the child in such institutions and everything possible in the way of modern therapy would be carried out4 7,brack #ea1 ,brack ,ex4 #db47 ,from these documents it is clear that the parents and relatives were not only not asked for their consent in the case of killing of children1 but were deceived in order to make the transfer to a euthanasia institution possible4 ,a letter from the ,reich ,committee for ,research on ,hereditary and ,constitutional ,severe ,diseases to the ,eichberg ,sanatorium shows on its face that1 in the case of euthanasia of children1 the consent of the parents was not sought4 7,,no-#hij1 ,pros4 ,ex4 #ddc47 ,this evidence is corroborated by the affidavit of ,dr4 ,suchomel4 7,,no-#bbec1 ,pros4 ,ex4 #eeg47 ,the defendant ,brack testified that the consent of the parents to the killing of children was an absolute prerequisite4 ,the medical officers who made the arrangements for the transfer of the children to the killing stations were allegedly charged with the task of informing the parents and requesting their consent4 ,this statement is in contradiction to ,brack's own documents1 which clearly show what the parents really were told1 as well as the top secret character of the program4 ,the proof has further shown that ,pfannmueller himself was one of the doctors who had1 according to the decree of the ,minister of the ,interior of #ah ,august #aici1 to report deformed and deficient children4 7,,no-#ccee1 ,pros4 ,ex4 #eec47 ,he himself testified that he never informed the parents about the fate their children had to expect4 ,brandt admitted that in the case of the killing of insane adults1 the consent of the relatives was not requested and their opinion not heard4 7,tr4 pp4 #bdbg-h47 ,there is abundant proof that the ,german public was horrified by euthanasia and the manner of its execution4 ,a police report stated3 8,the wildest scenes imaginable are reported to have taken place1 as some of these people did not board the bus voluntarily and were therefore forced to do so by the accompanying personnel4 ,there were people who were imbeciles and feeble-minded1 and were said to have other epileptic illnesses as well1 and whose upkeep the state and other public bodies up till now had to provide for completely1 or at least for the greater part4 ,people went so far as to formulate and disseminate more or less the following assertion3 #8,the state must be in a bad way now or it could not happen that these poor people should simply be sent to their death solely in order that the means1 which until now have been used for the upkeep of these people1 are made available for the prosecution of the war4'0 7,d-#ijf1 ,pros4 ,ex4 #cgf47 ,d4 ,general ,extermination of the ,jews ,personnel active in the ,euthanasia ,program also took part in the extermination of the ,jews in the ,east from about #aida until the liberation of the eastern territories4 ,some time in the second half of #aida part of the personnel1 who were until then executing the ,euthanasia ,program in ,germany1 was sent to ,lublin and put at the disposal of ,,ss ,brigadefuehrer ,globocnik in order to assist in the mass extermination of the ,jews1 which was then common knowledge in the higher circles of the ,,nsdap4 ,among the doctors who assisted in the extermination of the ,jews were ,drs4 ,eberle and ,schumann1 both of whom had been previously active in the ,euthanasia ,program in ,germany4 ,all of this ,brack admitted in his pretrial affidavit3 8,the order to send these men to the ,east could only have been given by ,himmler to ,brandt1 possibly through ,bouhler40 7,,no-#dbf1 ,pros4 ,ex4 #afj47 ,the connection between the 8,stiftung0 7,charitable ,foundation for ,institutional ,care7 and the extermination camps in ,lublin was also known to the lower employees of the euthanasia stations4 7,,no-#dgj1 ,pros4 ,ex4 #ccb47 ,the witness ,gorgass stated in his affidavit that ,police ,captain ,wirth told him1 late in the summer of #aida1 that he had been transferred by the ,foundation for ,institutional ,care 7which was one of the code names under which the ,euthanasia ,program operated7 to a euthanasia institute in the ,lublin area4 7,,no-#cjaj1 ,pros4 ,ex4 #ejc47 ,the ,,ss judge1 ,dr4 ,morgen1 who investigated the ,jewish extermination program in ,lublin1 testified before the ,international ,military ,tribunal that ,wirth1 having previously carried out the task of removing the incurably insane1 was a specialist in mass destruction of human beings4 ,the office from which ,wirth obtained his orders was ,berlin1 ,tiergartenstrasse1 and among the people who were connected with this operation was ,blankenburg4 7,,no-#bfad1 ,pros4 ,ex4 #ejd47 ,brack admitted that ,wirth was an official of the ,brandenburg euthanasia station4 7,tr4 p4 #ggcc47 ,brandt visited ,brandenburg in the winter of #aici-dj4 7,tr4 pp4 #gfde-f47 ,the central office for the ,euthanasia ,program was set up in ,tiergartenstrasse #d1 and ,blankenburg was ,brack's deputy in the ,euthanasia ,program4 7,tr4 pp4 #gefc and #ggjg47 ,the defendant ,brack reported to ,himmler about these activities on #bc ,june #aidb1 as follows3 8,on the instructions of ,reich ,leader ,bouhler ,i placed some of my men--already some time ago--at the disposal of ,brigadefuehrer ,globocnik to execute his special mission4 ,on his renewed request ,i have now transferred additional personnel4 ,on this occasion ,brigadefuehrer ,globocnik stated his opinion that the whole ,jew action should be completed as quickly as possible1 so that one would not get caught in the middle of it one day if some difficulties should make a stoppage of the action necessary4 ,you yourself1 ,reich ,leader1 have already expressed your view that work should progress quickly for reasons of camouflage alone 99 99 9940 7,,no-#bje1 ,pros4 ,ex4 #afc47 ,the affidavit of ,kurt ,gerstein1 which also mentions ,wirth1 gives a vivid description of the terrible way in which the victims were killed by the thousands by order of ,globocnik4 7#aeec-,,ps1 ,pros4 ,ex4 #dbh47 ,in ,october #aida1 ,brack1 the administrative head of the ,euthanasia ,program1 forwarded plans whereby ,jews who were unable to work should be exterminated by gas4 ,he declared his readiness to send some of his assistants and especially his chemist1 ,kallmeyer1 to the ,east1 where the necessary gassing apparatus could be easily manufactured4 ,eichmann1 whom ,hitler had charged with the extermination of the ,jews1 was in agreement with these plans4 ,consequently1 there were 8no objections to doing away with those ,jews who are unable to work1 by means of the ,brack remedy04 7,,no-#cfe1 ,pros4 ,ex4 #ejg47 ,kallmeyer1 who was charged with the manufacture of the gassing apparatus and equipment1 had been trained for this task in the ,euthanasia ,program4 ,previously he had been responsible for the proper operation of the gas chambers of the different euthanasia institutions4 7,tr4 p4 #ggdc47 ,according to ,eichmann's own estimate1 four million ,jews were killed in extermination institutions4 7,,no-#bgcg1 ,pros4 ,ex4 #eje47 ,e4 ,legality ,the evidence outlined above makes it clear that the ,euthanasia ,program can only be described as mass murder4 ,this ,tribunal is not called upon to define with juridical nicety what a state may lawfully legislate with respect to euthanasia4 ,the prosecution asks only that this ,tribunal find1 as other tribunals have already held1 that there was no valid law in the ,third ,reich permitting euthanasia1 and that the execution of persons under the guise of euthanasia1 with the connivance and assistance of certain defendants in this dock1 constituted the crime of murder--a war crime and a crime against humanity4 ,the first and foremost authority on the legality of euthanasia as practiced under the ,nazis is in the judgment of the ,international ,military ,tribunal4#ic ,these findings draw no distinction between ,german nationals executed under the program and non-,german nationals4 ,these executions are described with the word 8murders0 and constitute war crimes and crimes against humanity under the ,charter and ,control ,council ,law ,no4 #aj4 ,this was one of the principal crimes which led to the judgment of guilty and the sentence of death against ,frick4#id ,the ,review of the ,deputy ,theater ,judge ,advocate in the case of the ,u4 ,s4 vs4 ,klein1 ,wahlman1 et al41 held at ,weisbaden1 ,germany1 from #h ,october through #ae ,october #aide is a clear precedent that the execution of non-,german nationals pursuant to the ,euthanasia ,program was a crime4 7,,no-#aaaf1 ,pros4 ,ex4 #dae47 ,the defendants were there charged with the execution of some #djj persons of ,polish and ,russian nationality1 alleged to be suffering from incurable tuberculosis1 at the ,hadamar euthanasia station between ,july #aidd and ,april #aide4 ,they were not charged with murdering ,german nationals and that issue was not considered4 ,after taking judicial notice of the fact that foreign laborers were pressed for service in ,germany1 the reviewing authority held that the killings in issue were a violation of the international laws of war and of ,article #df of ,the ,hague ,convention4 ,three of the seven defendants were sentenced to death4 ,according to ,german law1 euthanasia was nothing other than murder4 ,paragraph #baa of the ,german ,criminal ,code1 in its old form reads3 8,whoever kills a person willfully will be punished by death for murder if the killing was premeditated40 ,in the new form1 which was in effect from #d ,september #aida on1 the section stated3 8,the murderer will be punished by death4 8,a murderer is one who kills a person out of sheer desire to murder1 for the satisfaction of the sexual instincts1 for covetousness or other vile motives2 one who kills another maliciously or cruelly1 or by publicly dangerous means1 or to create the preconditions for another punishable action1 or to conceal such an action4 8,certain exceptional cases where capital punishment is not appropriate will be punished by life sentence40 7,,no-#gje4ie7 ,for expert commentaries on the legality of euthanasia1 see ,,no-#gjh and ,,no-#gjf4if ,the defense witness ,hans ,lammers1 a ,german legal expert1 testified that the ,hitler letter to ,bouhler and ,brandt was not a law1 and that official legislation was necessary to legalize euthanasia4 7,tr4 pp4 #bfgb-bfgi47 ,the ,reich ,minister of ,justice1 ,guertner1 on #bd ,july #aidj1 wrote a letter to ,lammers informing him that1 as the ,fuehrer had refused to issue a law it was necessary to discontinue immediately the secret extermination of insane persons4 7,,no-#hcb1 ,pros4 ,ex4 #cic47 ,a copy of this letter was sent to ,bouhler on #bg ,july #aidj4 7,,no-#hcc1 ,pros4 ,ex4 #cid47 ,during ,brack's lecture in the ,ministry of ,justice1 referred to in ,b above1 the legal authorities present were completely misinformed about the extent of the program4 ,from the remarks of the speaker1 the impression was obtained that only a very limited circle of persons1 at the utmost several hundred1 throughout ,germany1 ,austria1 and the ,protectorate ,bohemia and ,moravia1 would be affected4 ,the opinion created was that only very dangerous patients and delirious maniacs who might injure themselves would be subjected to the program4 7,,no-#bbec1 ,pros4 ,ex4 #eeg47 ,this obviously was done to quiet the misgivings of the persons present4 ,brack1 when questioned as to whether1 during the lecture1 he gave an approximate number of persons who would be subjected to euthanasia1 could or would not give any answer4 ,contrary to the impression created during the conference in the ,ministry of ,justice1 the defendants ,brandt and ,brack now admit that about #ej1jjj to #fj1jjj people were killed in the ,euthanasia ,program in ,germany and ,austria alone4 7,tr4 p4 #bdfe2 ,tr4 p4 #gfaj47 ,since the end of the war1 ,german and ,austrian courts have repeatedly held that the killing of persons of any nationality under the guise of euthanasia was in violation of the ,german ,criminal ,code and punishable as murder4 ,the witnesses ,schmidt and ,mennecke who testified before this ,tribunal had themselves been convicted by a ,german court for participation in the ,euthanasia ,program and sentenced to life imprisonment and death1 respectively4 99 99 99 99 99 ,the ,court of ,assizes in ,berlin1 at the session on #be ,march #aidf1 found the defendants ,hilde ,wernicke and ,helene ,wieczorek guilty of murder and sentenced them to death4 99 99 99 99 99 ,the ,court of ,appeals in the same case rejected the appeals of both1 defendants4 ,the following quotation from the findings may be of interest3 99 99 99 99 99 8,it cannot be mistaken that the defendants ,wernicke and ,wieczorek are only the last links of a long chain1 and that they are preceded by persons whose guilt is still greater40 ,emphasis added4 7,,no4 #ddgig74 ,thus it is established that euthanasia was murder according to ,german law4 ,in connection with this question1 it is again pointed out that the whole program was kept completely secret4 ,hitler's letter of #a ,september #aici 7,tr4 p4 #aeaf7 marked 8,top ,secret0 was never published1 and the ,minister of ,justice received a copy of it only one year after its issuance4 7#fcj-,,ps1 ,pros4 ,ex4 #ccj47 ,transfers of inmates of insane asylums to euthanasia stations were allegedly carried out by the order of the ,reich ,defense ,commissioner4 7,,no-#aacc1 ,pros4 ,ex4 #cce47 ,the officials active in the program had to sign a written oath of secrecy4 7,,no-#acab1 ,pros4 ,ex4 #cch2 ,,no-#acaa1 ,pros4 ,ex4 #cci47 ,the doctors who performed euthanasia were warned that they would be severely punished if they sabotaged the work4 7,tr4 p4 #ahid47 ,the whole program of euthanasia was to be kept secret1 as they were told from the beginning that it was a top secret matter4 ,the reason given was to avoid unrest among the population4 ,breach of secrecy was considered sabotage4 7,tr4 p4 #aibc47 ,others had to sign a written oath binding them to secrecy4 ,it was known that the result of breach of this oath was confinement in a concentration camp4 7,tr4 p4 #ahbf47 ,f4 ,personal ,responsibility of ,karl ,brandt ,brandt was put in charge of the program1 together with ,bouhler1 by the above-quoted letter of ,hitler of #a ,september #aici4 ,his position as highest authority in the ,euthanasia ,program is outlined in the affidavit of ,dr4 ,boehm1 one of the oldest members of the ,,nsdap4 ,when1 in ,november #aidj1 ,boehm approached ,martin ,bormann#ih with the request to obtain an audience with ,hitler to complain about the execution of the ,euthanasia ,program1 ,bormann referred him to ,brandt as the responsible authority for the execution of euthanasia4 ,as a result1 ,boehm had a discussion with ,brandt and when he complained1 among other things1 that the ,euthanasia ,program was not regulated by law and should not be carried out in a secret manner1 ,brandt admitted that the ,minister of ,justice1 ,guertner1 had also urged legislation4 ,from his conversation with ,bormann and ,brandt1 ,boehm was sure that ,brandt was the leading personality in the program4 7,,no-#cjei1 ,pros4 ,ex4 #eeh47 ,brandt admitted that it was necessary to set up a special organization to carry out euthanasia4 7,tr4 p4 #bdjg47 ,he1 together with ,bouhler1 had authority over the physicians who were participating in this program1 and furthermore he had to keep ,hitler informed from the medical point of view 7,english translation is garbled1 therefore reference is made to ,german ,tr4 p4 #bdbj7 and had to maintain contact with ,bouhler4 7,tr4 p4 #bdjh47 ,he further admitted that authorizations for the killing of children were submitted to him and ,bouhler4 7,tr4 p4 #bedd47 ,he stated that he resigned his job some time in #aidb4 7,tr4 p4 #bdcc47 ,while this is of no material significance1 it is established that he held his position as the leading figure in the program until #aidd4 ,dr4 ,ludwig ,sprauer1 in his affidavit1 stated3 8,i heard the name of ,professor ,dr4 ,karl ,brandt for the first time at a conference in ,berlin in the middle of #aida4 ,at this conference ,i learned that ,karl ,brandt and ,philipp ,bouhler were the leading figures in the ,euthanasia ,program4 ,the conference was called by ,dr4 ,linden on behalf of the ,department of the ,interior1 and problems of institutions and asylums were submitted4 ,dr4 ,linden directed the proceedings4 8,to the best of my knowledge and belief1 ,philipp ,bouhler as well as ,professor ,dr4 ,karl ,brandt were the leading figures in this so-called ,euthanasia ,program from #aida to the collapse of ,germany4 8,the connection between the ,department of the ,interior and ,professor ,karl ,brandt1 in the framework of the ,euthanasia ,program1 was that ,karl ,brandt gave orders to ,conti and ,linden1 which were passed on by these persons on behalf of the ,department of the ,interior4 ,brandt was the dominating figure without doubt40 7,,no-#hah1 ,pros4 ,ex4 #cgc47 ,the witness ,wesse said in his affidavit that ,brandt was in charge of the ,euthanasia ,program at least until ,march #aidd4 7,,no-#adbh1 ,pros4 ,ex4 #dcb47 ,the witness ,mennecke testified that he learned in the beginning of #aida that the defendant ,brandt was active in the ,euthanasia ,program4 7,tr4 p4 #ahgd47 ,he further testified3 8,when1 in #aidd1 ,i was treated as a patient in the army hospital at ,st4 ,blasien1 ,i found out through conversations with officers that ,professor ,brandt had an essential part in the collection of insane persons in the area of ,lublin1 ,poland40 7,tr4 p4 #aijc47 ,he further testified1 in connection with this ,lublin action1 that it must have continued up to #aidd and that it was said that insane persons and ,jews were collected in ,lublin in large numbers4 7,tr4 p4 #aijd47 ,the witness ,schmidt testified that ,professor ,brandt had the medical direction of the program1 and only in #aidd was he told that ,brandt had left the program4 7,tr4 p4 #ahbe47 ,he also knew that ,brandt played the leading part in the task which had to be accomplished 7,euthanasia ,program71 that he 7,brandt7 was to accomplish this task4 7,tr4 p4 #ahdg47 ,both witnesses1 ,schmidt and ,mennecke1 also testified that the chart 7,,no-#bec1 ,pros4 ,ex4 #cca71 which shows ,brandt in the center of the program1 is correct4 7,tr4 pp4 #ahcc1 #ahgf47 ,the evidence shows further that ,brandt gave orders in the ,euthanasia ,program as late as ,july #aidc4 ,in a letter from the ,patients ,transport ,corporation1 dated #bj ,july #aidc1 to the ,mental ,institution ,hadamar--which was1 as documents and testimony show1 an extermination station--the following sentences are found3 8,i order transfer of insane persons to your institution also1 by order of ,professor ,brandt1 the ,commissioner ,general of the ,fuehrer for ,medical and ,health ,service4 ,you will get1 on #bf ,july #aidc1 #aej insane women from the ,mental ,institution ,warstein if the ,reichsbahn will furnish the necessary cars as requested40 7,,no-#hib1 ,pros4 ,ex4 #ddb47 ,brandt was the person who had to be approached if one were to save a child from euthanasia4 ,in a letter from the ,reich ,committee for ,research on ,hereditary and ,constitutional ,severe ,diseases1 dated #af ,november #aidc1 to ,dr4 ,schmidt's sanatorium1 ,eichberg 7as the evidence shows1 a killing station for deficient children71 we find the sentence3 8,on the basis of a letter directed to ,professor ,dr4 ,brandt concerning the above mentioned1 ,i request an elaborated diagnosis about the mentioned ,anna ,gasse who is reported to be in your institution at present40 ,and further3 8,if from a medical point of view such a release is warranted1 one could take into consideration whether one should not perhaps comply with such a request in the interest of the good reputation of the institution40 7,,no-#hij1 ,pros4 ,ex4 #ddc47 ,that the defendant ,karl ,brandt was in a position to issue instructions and assign tasks to insane asylums in ,germany is further corroborated by the affidavit of the defendant ,rose1 who said that in #aidc ,brandt put an insane asylum in ,thuringia at his disposal and made arrangements that this institution would not be converted into a general hospital2 and further1 that in #aidd ,brandt made arrangements for the better feeding of inmates of this asylum in order to enable ,rose to proceed with his malaria therapy4 7,tr4 p4 #agag47 ,if this statement in itself has nothing to do with euthanasia1 it shows the scope of influence and power ,brandt still commanded over insane asylums in #aidc and #aidd4 7,,no-#hgb1 ,pros4 ,ex4 #djh47 ,according to his own testimony1 ,brandt was in charge of euthanasia until #aidb4 7,tr4 p4 #bdcc2 ,tr4 p4 #becb47 ,there is no proof1 other than his own statement1 that he resigned his commission at that time4 ,on the contrary1 the proof has shown that he was active in this field until some time in #aidd4 ,in any event1 the program was criminal in its inception4 ,the murder of concentration camp inmates pursuant to euthanasia began as early as #aidj4 ,non-,german nationals were included in substantial numbers4 ,healthy ,jews were exterminated without examination4 ,trained killers from euthanasia stations were sent to the ,east as early as #aida to aid in the mass murder of ,jews4 ,persons whose only crime was physical inability to work were subjected to euthanasia from the very beginning4 ,indeed1 the elimination of 8useless eaters0 was the principal rationale of the whole program4 ,brandt stated that an order existed which exempted non-,german nationals1 but he was unable to give any explanation as to how this order operated1 who received it1 and why1 if such an order existed1 questionnaires for foreign nationals were filled out at all4 7,tr4 pp4 #bdii-bejc47 ,the evidence has shown that non-,german nationals were never exempted and were killed in large numbers4 ,there is nothing to be said in mitigation for ,brandt4 99 99 99 99 99 ,,extracts ,,from ,,the ,,closing ,,brief ,,against ,,defendant ,,brack 99 99 99 99 99 ,moral and ,humanitarian ,justification ,in the brief against ,karl ,brandt the prosecution has summarized the overwhelming proof that euthanasia1 far from being 8an act of grace01 was a measure to eliminate 8useless eaters0 and other 8undesirable0 persons4 ,brack himself1 when questioned by the ,tribunal1 was unable to explain why war veterans of the ,first ,world ,war 7#aiad-ah7 were exempted from this 8act of grace40 7,tr4 pp4 #gfej1 #gffd47 ,contrariwise1 he could not explain why this grace was extended to insane criminals1 irrespective of the length of time they had spent in an insane asylum4 7,,no-#hbe1 ,pros4 ,ex4 #ceh47 ,brack personally reprimanded ,mennecke1 who was an expert in the ,euthanasia ,program1 on the ground that his expert opinions were far too soft and did not recommend euthanasia as often as he desired4 7,tr4 pp4 #ahha1 #aijg47 ,the so-called 8observation stations0 where the patients1 according to ,brack's statement1 were examined for several weeks by expert doctors were nothing but collecting points for the victims4 7,tr4 pp4 #ahbb1 #ahgh1 #ahgi47 ,brack admitted that the work of ,binding and ,hoche is considered the standard work on euthanasia4 7,tr4 p4 #gfcc47 ,this work leaves no doubt that the will to live1 of even those who are most seriously ill1 suffer most gravely1 and are of least use1 should be fully respected1 and that any authority for the annihilation of life is excluded in cases where the will to live must be broken4 7,,no-#bhic1 ,pros4 ,ex4 #dif47 ,brack himself admitted that euthanasia is inadmissible in cases where the patient has the will to live4 7,tr4 p4 #ggja47 ,the witness ,schmidt testified that the victims1 who obviously knew or suspected their fate1 had to be forced to enter the busses which took them to the extermination stations4 7,tr4 pp4 #ahef1 #ahfa47 ,this evidence is corroborated by documentary proof4 7,d-#ijf1 ,pros4 ,ex4 #cgf47 ,while many of those victims may have been insane1 they certainly did not lack the will to live4 ,moreover1 ,brack himself admitted1 when questioned by the ,tribunal1 that ,bouhler ordered that the arrangements for the killing had to be made in such a way that the patients would not realize what was being done to them4 7,tr4 p4 #gffj47 ,the gas chambers where the victims were annihilated resembled shower rooms4 7,tr4 p4 #gfei47 ,the patients were deceived into thinking that they were to take a shower bath and1 therefore1 had to undress4 7,tr4 pp4 #gfdd1 #gffj47 ,such precautions would certainly not have been necessary if the victims had desired the 8privilege of a mercy death40 ,action #ad f #acii 99 99 99 99 99 ,if the testimony of ,brack and ,brandt as to the number of doctors who were active in the ,euthanasia ,program is correct1 it is clear from the record that all doctors active in this program collaborated in ,action #ad f #ac4 ,brandt estimated the number of doctors who were charged with the execution of the ,euthanasia ,program as #aj to #ae 7,tr4 p4 #bdgh71 ,brack1 as #ab to #ae4 7,tr4 p4 #gegc47 ,mennecke testified that about #ae doctors from the ,euthanasia ,program were commissioned to carry out the 8examinations0 in the concentration camps4 7,tr4 p4 #ahia47 ,brack was unable to explain how it came about that concentration camps inmates selected in ,action #ad f #ac were killed in euthanasia stations4 7,tr4 p4 #geda47 99 99 99 99 99 ,legality 99 99 99 99 99 ,even ,brack's own documents reveal that he misinformed the legal authorities about the legal situation in respect to the ,euthanasia ,program4 ,the ministerial director in the ,reich ,ministry of ,justice1 ,karl ,engert1 states in his affidavit 7which1 according to the defense counsel of ,brack1 is 8of great interest because it shows the opinion of the influential jurists on this question073 8,brack's statements reassured me because1 according to them1 it was to be definitely assumed that a ,reich law would then be enacted in the customary form1 i4 e41 by publication in the ,reich ,law ,gazette4 ,i saw no reason why any difficulties should arise40 7,brack #cg1 ,brack ,ex4 #cg47 ,needless to say1 ,brack did not mention that ,hitler had refused to issue such a law until after the war4 ,that ,brack was well aware of the fact that the ,euthanasia ,program was a criminal one is proved by his attempt to destroy evidence prior to the occupation of ,germany by the ,allies4 ,the affidavit of ,claussen proves that he sent the following teletype to the commandant of the concentration camp at ,mauthausen 7,,no-#bdbi1 ,pros4 ,ex4 #dih73 8,to the ,concentration ,camp ,mauthausen1 ,,ss ,standartenfuehrer ,ziereiss4 8,hartheim must be destroyed immediately4 ,execution must be reported by order of the ,fuehrer4 ,signed ,,oberfuehrer ,,brack0 ,brack admitted that ,hartheim was a euthanasia station where the victims of the ,euthanasia ,program were killed4 7,tr4 p4 #ggad47 ,general ,extermination of the ,jews 99 99 99 99 99 ,that the defense of ,brack is fabricated is proved by other evidence in the record4 ,,ss judge1 ,dr4 ,morgen1 who investigated the criminal case of ,wirth1 testified before the ,international ,military ,tribunal that when ,wirth took over the mass extermination of the ,jews1 he was already a specialist in the extermination of human beings4 ,he had previously carried out the task of annihilating the insane4 ,he had received this assignment from the ,chancellery of the ,fuehrer1 ,bouhler's office4 ,a system which ,wirth had devised in his activities in the ,euthanasia ,program made it possible to exterminate large numbers of people with the help of only a few assistants4 ,the same system1 with a few improvements1 was employed for the extermination of the ,jews4 ,wirth's assignment for the extermination of the ,jews came from ,bouhler's office1 from the very office where ,brack was active4 ,morgen investigated ,wirth's mail and found out that the courier who brought this mail came from the ,fuehrer's ,chancellery1 ,tiergartenstrasse1 the place where the office of the ,euthanasia ,program was located4 ,among the people connected with this extermination program1 ,morgen remembers ,blankenburg1 ,brack's deputy4 7,,no-#bfad1 ,pros4 ,ex4 #ejd47 ,brack admitted that ,wirth was active in the ,euthanasia ,program4 7,tr4 p4 #ggcc47 ,it may well be that ,morgen started his investigations in ,july #aidcajj but by the affidavit of ,gorgass1 it is proved that ,wirth received his assignment from the 8,foundation01 one of the camouflaged societies of the ,euthanasia ,program1 as early as the summer of #aida4 7,,no-#cjaj1 ,pros4 ,ex4 #ejc47 ,this evidence is fully corroborated by the affidavit of ,gerstein4 ,globocnik was in charge of the extermination camps near ,lublin1 and ,wirth collaborated with him in the extermination of the ,jews4 ,the gas chambers were camouflaged as 8bath and inhalation0 rooms and called 8,foundation0 ,heckenholt4 ,doctors' commissions toured the towns and villages of ,poland and ,czechoslovakia in order to select persons for extermination4 7#aeec-,,ps1 ,pros4 ,ex4 #dbh47 ,brack when questioned by the ,tribunal1 admitted that the gas chambers of the euthanasia stations where the victims of the ,euthanasia ,program were killed were camouflaged as 8shower rooms04 7,tr4 p4 #gfei47 8,foundation0 was one of the code names under which the ,euthanasia ,program operated4 7,,no-#cjaj1 ,pros4 ,ex4 #ejc47 ,the similarity between the extermination arrangement in the euthanasia stations and that used by ,globocnik and ,wirth is not coincidental4 ,the proof has shown that ,brack himself advanced plans for the mass extermination of the ,jews4 ,in the beginning of ,october #aida ,brack had a conference with ,eichmann from the ,reich ,security ,main ,office of the ,,ss and ,wetzel of the ,reich ,ministry for the ,occupied ,territories on the 8solution of the ,jewish question04 7,,no-#iig1 ,pros4 ,ex4 #ejf47 ,brack declared himself ready to collaborate in the manufacture of the necessary gas chambers and gassing apparatus for the extermination of all ,jews who were unfit to work4 ,since the manufacture of this apparatus was easier to accomplish in the ,east1 ,brack agreed to send some of his collaborators1 and especially his chemist1 ,kallmeyer1 there for this purpose4 ,brack proposed outright extermination of all ,jews who were unable to work4 ,since ,eichmann1 whom ,hitler had charged with the solution of the ,jewish question1 was in agreement with ,brack's proposals1 no objection was voiced against the extermination of those ,jews who were unable to work with the 8,brack remedy04 7,,no-#cfe1 ,pros4 ,ex4 #ejg47 ,kallmeyer was the technical expert on operation of the gas chambers in the euthanasia station4 7,tr4 p4 #ggdc47 99 99 99 99 99 c4 ,selections from the ,argumentation of the ,defense ,,extracts ,,from ,,the ,,closing ,,brief ,,for ,,defendant ,,karl ,,brandt ,euthanasia ,position taken in the indictment 99 99 99 99 99 ,position of the defense ,the aim of euthanasia was to solve an old medical problem4 ,statement of ,karl ,brandt according to which the subject of 8useless eaters0 was never mentioned in the presence of ,karl ,brandt4 7,tr4 pp4 #bcig1 #bdcd47 ,statement of ,schmidt according to which the ethical points of view were stressed during the conference of the experts in ,berlin1 #aida4 7,tr4 p4 #aheb47 ,statement of ,mennecke according to which medical motives were given at the informative conference4 7,tr4 p4 #aijf47 ,statement of ,brack regarding what was involved was the solution of the old medical problem4 7,tr4 p4 #gedd47 ,the ethical aims of the euthanasia planned can also be seen from the drafts of a final bill of law4 ,statement of ,lammers in which the witness compiled a draft according to medical and ethical points of view4 7,tr4 p4 #bfhc47 ,statement of ,brack stating that ,bouhler worked out a draft in cooperation with ,brack based on scientific contributions4 ,the heading 8,law relating to the granting of ultimate medical assistance to incurable persons0 shows the characteristic features of the law4 7,tr4 p4 #geha47 ,the peculiar individual attitude of ,karl ,brandt is of an ethical nature4 ,affidavit of ,schwerin-,krosigk1 according to which ,pastor ,bodelschwingh1 chief of the mental institutions of ,bethel1 declared that ,karl ,brandt had stated his point of view as regards euthanasia in a respectful way1 making every allowance for the contrary opinion of ,bodelschwingh4 7,karl ,brandt #bf1 ,karl ,brandt ,ex4 #hc47 ,affidavits of ,pastor ,woermann4 ,the witness1 successor of ,pastor ,bodelschwingh1 said that ,bodelschwingh had told him about the idealistic attitude of ,karl ,brandt and said that ,karl ,brandt had supported euthanasia for the fully extinct spirit4 7,karl ,brandt #bc1 ,karl ,brandt ,ex4 #ai47 ,affidavit of ,rueggeberg4 ,the witness reported on a radio interview of the ,london radio commentator ,robert ,graham with ,pastor ,bodelschwingh in the summer of #aide4 ,bodelschwingh himself declared there that one should not consider ,karl ,brandt as a criminal but as an idealist4 7,karl ,brandt #ai1 ,karl ,brandt ,ex4 #af47 ,affidavit of ,rach4 ,according to the statement of this witness1 ,bodelschwingh visited ,karl ,brandt at his house in ,berlin as late as the summer of #aidc and spent an afternoon there in a friendly discussion4 7,karl ,brandt #f1 ,karl ,brandt ,ex4 #g47 ,suspension of euthanasia in ,august #aida4 ,affidavit of ,kirchert4 ,according to this statement euthanasia was stopped in the summer of #aida although at that time economic reasons had become rather more important than before4 ,the statement of the prosecution admits with certain limitations that euthanasia had been stopped in ,august #aida4 7,karl ,brandt #ah1 ,karl ,brandt ,ex4 #ae2 ,tr4 p4 #ageb47 ,special responsibility and participation of ,karl ,brandt4 ,the authorization of #a ,september #aici was founded on a purely medical point of view1 namely euthanasia for incurable persons 8under most careful scrutiny of their state of illness40 ,an economic or political motive as the basis is therewith rejected4 ,the drafts for a law for further implementation of the euthanasia idea also show medical and ethical motives4 ,the report sheets and memorandum slips were sent to mental institutions only1 which proves that euthanasia was practically restricted to insane persons4 ,had the elimination of 8useless eaters0 been the aim1 this restriction would have been meaningless for there were 8useless eaters0 in other places too 7nursery homes for cripples1 hospitals1 etc474 ,undesirable foreigners were rarely to be found in mental institutions at the start of the ,euthanasia ,program since aliens entered the area of the ,reich only with the beginning of the allocation of foreign labor4 ,the suspension of euthanasia in ,august #aida argues against the intention to eliminate 8useless eaters01 for only from that time on economic reasons of that kind acquired a certain importance4 ,the transfer of sick persons by order of the ,reich ,defense ,commissioner did not point to a special war interest but was an administrative and local measure in order to evade difficulties as regards competence4 ,the ,reich ,defense ,commissioner was a new regional administrative office which made it possible to combine the various offices without regard to their competencies for the different tasks4 ,it seems possible that it was only a camouflage4 ,the blank draft contains contradictions1 for according to that draft the director of a mental institution gives directives to the general public prosecutor and refers to a decree of the ,reich ,defense ,commissioner4 7,,no-#hda1 ,pros4 ,ex4 #cfj47 ,the motive of elimination of 8useless eaters0 appears only in the subsequent statements of the ideological opponents as a propaganda measure of the resistance movement where a symptom is passed off as a motive4 ,at the conferences1 no economic reason was given for the euthanasia measures2 but this was mentioned only as a secondary phenomenon4 ,the attitude of ,karl ,brandt himself was proved by the statements of ,bodelschwingh as the authoritative leader in matters of medical and nursery treatment among convinced ,christians4 ,bodelschwingh's attitude towards ,karl ,brandt would be inconceivable if he had enforced the liquidation of all undesirable sick persons4 7,karl ,brandt #aae1 ,karl ,brandt ,ex4 #ia47 ,the statement in the judgment of the ,international ,military ,tribunal is subject to revision on the grounds of the evidence material of this trial4 ,legal ,foundation of ,medical ,euthanasia ,position taken in the indictment 99 99 99 99 99 ,position of the defense ,the authorization of #a ,september #aici was a sufficient legal basis4 7#fcj-,,ps1 ,pros4 ,ex4 #ccj47 ,the form of the authorization was sufficient4 ,the sheet with the golden eagle chosen for that purpose shows the special importance of the authorization4 ,no recipient was mentioned to whom the authorization in the form of a letter may have been addressed4 7,tr4 p4 #bcif47 ,karl ,brandt took part in working out the text by inserting the words 8under the most careful scrutiny of their state of illness40 ,statement of ,lammers1 expert in constitutional law4 7,tr4 p4 #bfgh-i47 ,according to that document the form chosen was not usual1 but such violation did occur and flaws were adjusted4 ,hitler did not care about the form4 ,statement of ,lammers1 stating that ,hitler as the ,fuehrer was authorized to alter the form3 8,i thought him authorized to do such things40 ,apart from the form of the authorization which is on hand here1 there existed still another version4 7,tr4 p4 #bfhf47 ,statement of ,pfannmueller4 ,according to this document1 the authorization contained the passage3 8,to the ,reich ,minister of the ,interior40 ,the document was of a different form from the authorization in question4 7,tr4 p4 #gcfb47 ,affidavit of ,kirchert4 ,grawitz told the witness that there existed an authorization with the additional signature of ,goering as the ,chairman of the ,reich ,defense ,council4 7,karl ,brandt #ah1 ,karl ,brandt ,ex4 #ae47 ,statement of ,mennecke4 ,at the conference in #aidj the law was read word by word4 7,tr4 p4 #aiba47 ,file note of the ,gauleitung of ,franconia dated #a ,april #aidj1 8,the ,fuehrer gave the order1 the law is made40 7,d-#ijf1 ,pros4 ,ex4 #cgf47 ,publication of the authorization was not necessary for its coming into force4 ,statement of ,lammers says that there existed legal provisions which had not been published4 7,tr4 p4 #bfhi47 ,affidavit of the ,regional ,bishop ,wurm4 ,conti told the witness that there existed a law that had not been published for political reasons4 7,karl ,brandt #be1 ,karl ,brandt ,ex4 #hb47 ,the obligation of secrecy does not prove the illegality of euthanasia4 ,statement of ,brack4 ,the offices were informed4 ,the decree of #a ,september #aici was transmitted to the ,reich ,minister of ,justice on #bg ,august #aidj1 according to his special wish1 but he had been informed of it earlier4 7,tr4 p4 #gfhi47 ,statement of ,pfannmueller4 ,the witness states that the obligation of secrecy was usual4 8,i was bound to keep ,reich matters secret4 ,i was bound with regard to the ,reich ,penal ,code40 7,tr4 pp4 #gcdc1 #gcig47 ,statement of ,schmidt4 ,the witness says that an ordinary obligation of secrecy form was signed without a special threat of punishment4 ,camouflage4 ,files of the ,gauleitung of ,franconia concerning correspondence with ,marie ,kehr4 ,according to this1 instructions were given after they were convinced of her good sense4 7,d-#ijf1 ,pros4 ,ex4 #cgf47 ,book of ,meltzer3 8,the ,problem of ,abbreviation of ,worthless ,lives40 ,according to a statistical summary1 on the whole1 relatives of the mentally diseased do not wish to be informed4 7,karl ,brandt #he1 ,karl ,brandt ,ex4 #id47 ,recognition of the ,decree4 ,the point of view of ,german literature and the administration of justice does not consider the present state of constitutional law4 ,after taking cognizance of the decree1 all authorities acknowledged it as the legal basis4 ,testimony of ,lammers4 8,the ,reich ,minister of ,justice ,guertner considered this regulation legal and stopped the pending actions40 7,tr4 p4 #bfhf47 ,testimony of ,brack4 ,guertner1 the ,reich ,minister of ,justice1 declared that the decree was not to be doubted4 7,tr4 p4 #geij47 ,extract from the periodical 8,german ,law0 ,deutsche ,justiz #aida4 ,transfer of the supreme officials of the ,justice ,department in ,berlin on #bc and #bd ,april #aida4 ,according to this1 photostatic copies of the decree of #a ,september #aici were delivered to all participators and its legality acknowledged by them4 7,brack #cf1 ,brack ,ex4 #cf47 ,affidavit of ,suchomel4 ,this witness erroneously places the date of the conference in the #b;d half of the year #aidb4 ,that means some time after the stoppage4 7,,no-#bbec1 ,pros4 ,ex4 #eeg47 ,letter of #ae ,july #aidj of the ,general ,prosecutor of ,stuttgart to the ,reich ,ministry of ,justice containing a report concerning illegal euthanasia4 ,the following remark is made on the letter by the department chief of the ,reich ,ministry of ,justice3 8,there is nothing to be ordered40 7,,no-#aef1 ,karl ,brandt ,ex4 #d47 ,schlaich to the ,reich ,ministry of ,justice on #f ,september #aidj--,nothing has been attempted4 7,,no-#ebj1 ,pros4 ,ex4 #cgd47 ,testimony of ,schmidt4 ,the witness states that during a conference of jurists in ,berlin #aida the action was declared legal4 ,this refers to the conference mentioned above1 as it was mentioned in ,document ,brack #cf1 ,brack ,exhibit #cf4 7,tr4 p4 #aheb47 ,preliminary ,conference4 ,karl ,brandt did not take part in the preliminary conference4 ,testimony of ,karl ,brandt4 ,according to this1 ,karl ,brandt was invited unexpectedly1 because he was available as an attendant-physician1 when the conference with ,bouhler took place4 ,he was uninformed before this4 ,preliminary conferences concerning euthanasia took place between ,hitler and ,bouhler1 ,hitler and ,conti4 ,testimony of ,lammers4 ,according to this1 during a conference in the autumn of #aici in the presence of ,lammers1 a commission was given to ,conti to start euthanasia4 7,tr4 p4 #bffh47 ,testimony of ,lammers4 ,according to this1 ,bouhler declared that ,hitler wanted to give him the commission to carry out euthanasia4 7,tr4 p4 #bffi47 ,testimony of ,brack4 ,according to this a rivalry existed between ,bouhler and ,frick1 ,conti and ,bormann1 concerning the commission4 ,bouhler went to ,hitler and said he would consent to accept the commission4 ,bouhler received the commission4 7,tr4 p4 #geef47 ,particular responsibility and participation of ,karl ,brandt4 ,according to the existing conditions of constitutional law1 the decree of #a ,september #aici was to be looked upon as a legal order1 and ,karl ,brandt1 in his capacity as a physician1 could rely on the organizations of the state and the opinions of the jurists4 ,the belated objection to the decree today is not made because of its external form1 but in reality because of its contents4 ,the circumstance that no publication of the decree took place was explained with politically intelligible reasons1 corresponding to similar regulations issued for other measures4 ,the obligation of secrecy corresponds with the general regulations of the administration2 a warning with reference to the regulations of penal law was usual4 ,the so-called 8death threat0 is an exaggeration without any sense2 according to practice1 a reference to penal regulations concerning the revelation of secret matters had to be made where capital punishment was provided as the severest punishment in the ,reich ,penal ,code4 ,the opposition of all the persons interested in the procedure was directed against the camouflage of measures1 with its inevitable consequences1 the establishment of sham offices1 the drawing-up of false death certificates1 false information for the relations4 ,karl ,brandt accepted these regulations because they were the necessary consequence of the consideration not to disturb the part of the population involved4 ,neither the patient nor his relatives were to be alarmed1 and the relatives had to be released from their feeling of responsibility4 ,this motive is expressed in the correspondence concerning ,marie ,kehr1 where the proper information was given and served as reassurance and warranted an expectation of understanding4 ,karl ,brandt did not partake in the organization of the ,euthanasia ,program4 ,his connection with it1 as an expert adviser for ,hitler1 is due only to the accident that he was in the headquarters of the ,fuehrer4 ,he received only a limited commission compared with ,reichsleiter ,bouhler1 who1 according to his own offer1 was charged with the execution of this task4 ,organization ,position taken in the indictment 99 99 99 99 99 ,position of the defense ,karl ,brandt was not the leading person1 ,bouhler was the head of the organization4 ,in the decree of #a ,september #aici ,karl ,brandt is listed in second place1 after ,bouhler who had the rank of a ,reich ,minister4 ,the indictment denotes ,bouhler as the chief of ,karl ,brandt4 7,tr4 p4 #aeca47 ,bouhler's letter to the ,reich ,minister of ,justice of #e ,september #aidj4 8,on the authority of the ,fuehrer and as the only responsible person for all measures to be carried into effect1 ,i have given the orders which seemed necessary to me to my collaborators40 7,,no-#aef1 ,karl ,brandt ,ex4 #d;a and #d;b47 ,affidavit of ,lammers 7supplement74 ,the witness certifies as ,bouhler's the signature on the documents mentioned above4 7,karl ,brandt #ib1 ,karl ,brandt ,ex4 #hf47 ,letter from ,bormann sent to the ,gauleitung of ,franconia4 ,here1 too1 ,bouhler is quoted as the ,chief of the ,committee of ,physicians4 7,d-#ijf1 ,pros4 ,ex4 #cgf47 ,testimony of ,lammers1 according to which ,karl ,brandt never appeared before ,lammers2 in the ,reich ,ministry of ,justice also2 ,bouhler was the only person who made an appearance4 7,tr4 p4 #bfgb-c47 ,affidavit of ,kirchert4 ,the witness had a conference with ,grawitz1 who wanted to interest him in the use of euthanasia4 ,grawitz declared to the witness that ,bouhler was charged with euthanasia4 ,to him ,karl ,brandt had never been mentioned4 7,karl ,brandt #ah1 ,karl ,brandt ,ex4 #ae47 ,affidavit of ,prince of ,hesse 7supplement74 ,the witness declares that he protested to ,hitler and ,bouhler because of the euthanasia project4 ,karl ,brandt had not been called in at that time1 though he could have been reached at once in the ,fuehrer ,headquarters4 ,the witness is convinced that ,karl ,brandt was not connected with the matter in a decisive way4 7,karl ,brandt #aae1 ,karl ,brandt ,ex4 #ia47 ,statement of ,mennecke4 ,the witness has never seen ,karl ,brandt1 nor did he receive any order from him2 he only knows the position of ,karl ,brandt within the framework of the euthanasia project from hearsay4 7,tr4 pp4 #aijc-e47 ,statement of ,schmidt4 ,the witness did not know ,karl ,brandt and did not see any order signed by him4 ,he only knows by hearsay from ,hegener that ,karl ,brandt 8was supposed to be the medical chief0 in #aida4 ,in #aidd the witness learned that ,karl ,brandt was no longer involved1 but could not state if he had still any influence in #aidb and #aidc4 7,tr4 pp4 #aheg-h47 ,karl ,brandt had no administrative organization of his own4 ,general items ,new plan of organization by ,brack4 7,karl ,brandt #h1 ,karl ,brandt ,ex4 #c2 ,karl ,brandt #ae1 ,karl ,brandt ,ex4 #c47 ,testimony of ,karl ,brandt4 7,tr4 p4 #bdjc47 ,affidavit of ,brack4 7,tr4 p4 #geej47 ,judgment of the ,international ,military ,tribunal#aja according to which ,frick1 as ,reich ,minister of the ,interior1 is made responsible for the carrying out of the euthanasia project4 ,direct correspondence of the ,bouhler office with the competent authorities prove that ,karl ,brandt was not involved3 ,letter from ,brack to ,schlegelberger4 7,,no-#hdb1 ,pros4 ,ex4 #dje47 ,letter from ,brack to ,freisler4 7,,no-#hdc1 ,pros4 ,ex4 #djf47 ,letter from ,himmler to ,brack4 7,,no-#jah1 ,pros4 ,ex4 #djd47 ,complaints of the national and ecclesiastical authorities and of civilians did not reach ,karl ,brandt4 ,complaint by ,schlaich1 ,chief of the ,mental ,institution of ,stetten4 ,this director who worked in this specialized field does not know anything of ,karl ,brandt4 7,,no-#ebj1 ,pros4 ,ex4 #cgd47 ,affidavit of ,sprauer of #bc ,april #aidf4 ,the witness does not mention ,karl ,brandt in this affidavit4 7#chif-,,ps1 ,pros4 ,ex4 #cgb47 7,only in a later affidavit of #ai ,november #aidf1 does he add a pertinent1 general statement47 ,actual complaints are transferred by the ministries to the ,bouhler office1 not to ,karl ,brandt4 7#faf-,,ps1 ,pros1 ,ex4 #djc47 ,specific examples4 ,statement of ,pfannmueller1 according to which the invitation for the experts' conference was made by ,bouhler4 7,tr4 p4 #gcaf47 ,statement of ,pfannmueller4 ,bouhler took the chair in the second conference in ,berlin2 ,karl ,brandt was not present4 7,tr4 p4 #gcei47 ,statement of ,brack1 according to which ,karl ,brandt made no speeches on problems of euthanasia1 and he was not expected to do so4 7,tr4 p4 #gehh47 ,this is confirmed by the testimony of ,blome4 ,statement of ,mennecke1 according to which ,brack was chairman of the conference in ,february #aidj4 7,tr4 p4 #ahfi47 ,statement of ,schmidt4 ,karl ,brandt also was not present at the conference in ,february #aida1 but there were present representatives of the ,reich ,ministry of the ,interior and of the ,reich ,ministry of ,justice4 7,tr4 p4 #ahai47 ,statement of ,pfannmueller1 according to which the experts were appointed by the ,reich ,ministry of the ,interior4 7,tr4 p4 #gcgg47 ,statement of ,brack1 according to which the physicians were chosen by ,linden and ,grawitz4 7,tr4 pp4 #ggjc1 #ggje47 ,affidavit of ,kneissler1 according to which the persons in charge of euthanasia were instructed by ,blankenburg of the ,bouhler office4 7,,no-#dgj1 ,pros4 ,ex4 #ccb47 ,karl ,brandt was not mentioned4 ,affidavit of ,sprauer1 according to which the mental institutions were under the control of the ,reich ,ministry of the ,interior4 7#chif-,,ps1 ,pros4 ,ex4 #cgb47 ,answering a complaint of ,sprauer1 ,conti stated3 8,that is the business of the ,reich ,ministry of the ,interior40 ,affidavit of ,jordans4 7#chhb-,,ps1 ,pros4 ,ex4 #cga47 ,also confirms that the mental institutions were under the control of the ,reich ,ministry of the ,interior4 ,the order for evacuation from ,warstein to ,hadamar was not given at the suggestion of the ,reich ,defense ,commissioner or for 8systematic registration01 but with regard to the air raid danger4 7,,no-#hib1 ,pros4 ,ex4 #ddb47 ,karl ,brandt was a member of the committee for air raid damage1 and it was his special task within this committee to allot the space available in hospitals fairly4 ,the order was given in #aidb1 after the great air raids in the area of ,cologne and the industrial areas4 ,it refers to an institution in the interior of ,westphalia which was considered as a reception district at that time2 the euthanasia facilities at ,hadamar were removed and the institution was returned to the former owner4 7,see indictment in the ,hadamar ,trial4#ajb7 ,affidavit of ,steinbrecher4 7,karl ,brandt #hd1 ,karl ,brandt ,ex4 #hg47 ,the activity of ,karl ,brandt on occasion of the removal of the mental institution from ,dueren shows that ,karl ,brandt was not engaged as chief of the mental institutions1 but in advisory capacity beside the competent authority1 because he had influence and was charged with a special task in the field of air raid protection1 in view of his general allocation tasks4 ,here ,karl ,brandt was able to help directly on account of his special tasks connected with the ,committee for ,air ,raid ,damage4 ,statement of ,rose4 7,tr4 p4 #fcfb47 ,opinion of the witness as to affidavit1 ,,no-#hgb1 ,prosecution ,exhibit #djh4 ,from this it is seen that ,karl ,brandt here did not have charge of the patients1 but was to endeavor with the other authorities to have the institution placed at his disposal4 ,real ,position of ,karl ,brandt4 ,the position of ,karl ,brandt within the framework of the ,euthanasia ,program was limited4 ,statement of ,karl ,brandt1 according to which it was his task to inform ,hitler and to license physicians of the euthanasia institutions according to the decree on the basis of personal responsibility of the physicians4 7,tr4 p4 #bdjh47 ,statement of ,brack4 ,the witness says that ,karl ,brandt had nothing to do with the carrying out of the ,euthanasia ,program1 8for he was the delegate of ,hitler04 7,tr4 p4 #gega47 ,he had no office at ,tiergartenstrasse #d1 and to the knowledge of ,brack1 he was never in the office 8,t #d04 ,affidavit of ,reinhardt4 7,karl ,brandt #e1 ,karl ,brandt ,ex4 #f47 ,the witness was occupied as an auditor in the office of ,karl ,brandt1 and he states that in this capacity he did not find in the office of ,karl ,brandt any accounts or items with entries referring to euthanasia4 ,affidavit of ,schaub1 according to which ,karl ,brandt was bound to the ,fuehrer ,headquarters and to ,hitler and thus was not able to make any inspections4 7,karl ,brandt #hj1 ,karl ,brandt ,ex4 #ih47 ,affidavit of ,rach4 7,karl ,brandt #f1 ,karl ,brandt ,ex4 #g47 ,the witness confirms the connection of ,karl ,brandt with the ,fuehrer ,headquarters and with the clinic in ,berlin4 ,execution ,position taken in the indictment 99 99 99 99 99 ,position of the defense ,time4 ,the practice 7of euthanasia7 by virtue of the authorization started at the beginning of #aidj and lasted until ,august #aida1 when it was stopped4 ,statement of ,karl ,brandt4 7,tr4 p4 #bdca47 ,statement of ,brack4 7,tr4 p4 #gedc47 ,according to both statements1 the practice was suspended because of an oral order by ,hitler to ,karl ,brandt4 7,oral order of suspension was sufficient1 since the legal ordinance itself was not revoked1 because in principle euthanasia was supposed to be continued after the war4 ,continuation of the ,reich ,committee for ,children47 ,suspension of euthanasia is confirmed through the following depositions3 ,statement by ,blome4 7,tr4 p4 #dfec47 ,statement by ,pfannmueller4 7,tr4 p4 #gcdh47 ,statement by ,dr4 ,schmidt4 7,tr4 p4 #ahbc47 ,statement by ,dr4 ,mennecke4 7,tr4 p4 #ahgi47 ,according to these testimonies1 euthanasia was discontinued in ,hadamar in ,august #aida and the gas chambers removed4 7,see record of ,hadamar ,trial1 especially indictment#ajc47 ,the witnesses say further that euthanasia was no longer practiced at ,eichberg either4 ,affidavit of ,irene ,asam-,bruckmueller4 ,the witness confirms suspension in ,ansbach2 she places this in the year #aidb4 7#chfe-,,ps1 ,pros4 ,ex4 #cfe47 ,affidavit of ,jordans4 ,according to this1 the witness learned in ,march #aidb that there had been a euthanasia program in other institutions1 too1 which now had been discontinued4 7#chhb-,,ps1 ,pros4 ,ex4 #cga47 ,kirchert affidavit4 ,according to this1 suspension occurred in the summer of #aida4 7,karl ,brandt #ah1 ,karl ,brandt ,ex4 #ae47 ,mennecke correspondence4 ,the witness writes on #ae ,june #aidb of 8re-commencement0 of euthanasia4 7,,no-#ijg1 ,pros4 ,ex4 #dab47 ,number of dead4 ,statement by ,karl ,brandt on the number of insane falling under the authorization of #a ,september #aici4 7,tr4 p4 #bdfe47 ,brack estimates them at #ej1jjj to #fj1jjj4 7,tr4 p4 #gfaj47 ,pfannmueller statement4 ,the number of report forms which were made out does not equal the number of persons marked for euthanasia4 ,this number contains only a fairly small percentage of persons1 who were judged eligible for euthanasia4 7,tr4 p4 #gchd47 ,registration by report forms4 ,in general4 ,statement by ,karl ,brandt4 7,tr4 p4 #bdja47 ,according to this1 ,karl ,brandt did not assist in drawing up the report forms4 ,they were drafted by the ,reich ,ministry of the ,interior 7,linden74 ,pfannmueller statement4 7,tr4 p4 #gcbb47 ,according to this1 the directives were worked out as a result of the conference of experts at which ,karl ,brandt was not present4 ,in detail4 ,pfannmueller statement4 7,tr4 p4 #gcbd47 ,according to this1 no persons incapable of work were supposed to be registered1 but only the insane1 with whom the inability to work was a special characteristic of their diseased state4 ,wesse ,affidavit 7in lieu of cross-examination74 7,,no-#abi1 ,pros4 ,ex4 #aje47 ,statement of ,karl ,brandt4 7,tr4 p4 #bdfe47 ,according to ,karl ,brandt1 the registration of ,jews1 foreigners1 and war wounded was presumably carried out for statistical reasons4 ,statement of ,brack4 7,tr4 pp4 #geif-h47 ,according to ,brack the opinion of ,karl ,brandt about the reasons for the inclusion of the above-mentioned question is false and is based on 8lack of professional knowledge0 by ,karl ,brandt4 ,brack says that the questions were included only for the purpose of concealing the practice of euthanasia in the sanatoriums and nursing homes1 from their personnel and their patients1 and to veil the true purpose of the questionnaire4 7,for the same reason the purpose of the transfer was given out as 8planned economic registration407 ,rosenau affidavit about camouflaging purpose of the report forms4 7,karl ,brandt #acj1 ,karl ,brandt ,ex4 #ajf47 ,letter concerning the registration of workhouses4 7,,no-#gha1 ,pros4 ,ex4 #cgi47 ,not the old and disabled are registered1 but only those cases of insanity that can no longer be treated4 ,brack statement4 7,tr4 p4 #geii47 ,foreigners were sorted out in ,t #d4 ,brack statement4 7,tr4 p4 #geic47 ,according to this1 foreigners were exempt from euthanasia4 ,they were screened in the central office ,t #d4 ,if single sheets for appraisal possibly went further1 then this was because of incorrect transmission4 ,wounded veterans of ,world ,war ,i1 just like ,jews1 were screened at the central office ,t #d4 ,report forms were made out for ,jews1 but they were not registered for the euthanasia procedure4 ,classification procedure4 ,the accomplishment of the classification procedure was guaranteed by the choice of the appraisers4 ,statement by ,pfannmueller4 7,tr4 p4 #gcgg47 ,according to this1 professional persons of proven ability were designated by the ,reich ,minister of the ,interior4 ,statement by ,mennecke4 7,tr4 p4 #abid47 ,according to this1 university professors lecturing on psychiatry at colleges were appointed as appraisers4 ,the appraisal was preceded by an examination of the patient4 ,after the appraisal a re-examination was made in observation institutions and in the euthanasia institutions4 ,according to the scheduled procedure special commissions were appointed to examine the insane in nursing homes4 ,affidavit of ,irene ,asam-,bruckmueller4 ,then came a commission which studied the case histories2 among them were two physicians2 the commission was in the institution for three days2 after three months the transfer was effected4 7#chfe-,,ps1 ,pros4 ,ex4 #cfe47 ,granzer affidavit4 ,in the autumn of #aidj there was a commission of #dj persons2 all case histories were asked for and a conference with the local staff physicians followed4 ,an inspection of the patients was held4 7#chfg-,,ps1 ,pros4 ,ex4 #cfi47 ,sellmer report of #f ,december #aidj1 ,gauleiter's office1 ,franconia4 ,according to this a commission came and examined the files and inspected the patients4 7,d-#ijf1 ,pros4 ,ex4 #cgf47 ,decision of the commission was based on the documents of the institution4 7,,no-#ffj1 ,pros4 ,ex4 #cgg47 ,pfannmueller statement4 ,he recalls that a commission came in #aidj4 7,tr4 p4 #gcbe47 ,further re-examination took place in the observation and euthanasia institutions4 ,the physicians were authorized and obliged to judge the patients on their own responsibility4 ,on an average #d percent to #f percent were rejected4 ,kneissler affidavit4 ,witness says that individual persons were rejected4 7,,no-#dgj1 ,pros4 ,ex4 #ccb47 ,it appears from the reports that individual patients were sent back4 7,d-#ijf1 ,pros4 ,ex4 #cgf47 ,transfer of patients4 ,order of transfer4 ,statement by ,karl ,brandt4 8,operation ,brandt0 has nothing to do with the transfer4 ,through inquiries at sanatoriums and nursing homes1 special ,karl ,brandt project concerning euthanasia order4 ,according to this inquiry the hospitals of the special ,brandt project accepted patients from areas endangered by air raids as evacuation hospitals4 ,the transfer which became necessary had no connection with euthanasia4 7,karl ,brandt #hf1 ,karl ,brandt ,ex4 #hh47 ,schnelle affidavit4 ,according to this 8,operation ,brandt0 meant the removal of patients and chronic sufferers to medicinal baths4 7,karl ,brandt #ba1 ,karl ,brandt ,ex4 #ag47 ,miesen affidavit4 ,according to this ,karl ,brandt charged them with the manufacture of ambulances which were then lacking4 7,from this it appears that up to that time other means of transportation had to be used1 among others the ,red ,cross1 etc41 and also the ,general ,sick ,transport ,company1 which had likewise been used for transport purposes in the battle zones of the ,east47 ,compare also the widely popular expression 8,operation ,brandt0 in purely economic fields4 7,karl ,brandt #bh4ajd7 ,schieber affidavit4 7,karl ,brandt #bb1 ,karl ,brandt ,ex4 #ah47 ,grabe affidavit4 7,karl ,brandt #hf1 ,karl ,brandt ,ex4 #hh47 ,kehrl affidavit4 7,karl ,brandt #ij1 ,karl ,brandt ,ex4 #hi47 ,order of transfer through other agencies4 ,collective transport of ,jews takes place under the reference of 8,initial ,decree of the ,state ,bavarian ,ministry of ,interior in ,munich40 7,,no-#aada1 ,pros4 ,ex4 #cdh47 ,collective transport of ,eastern workers ordered by the ,oberpraesident through ,bernotat4 7,,no-#hia1 ,pros4 ,ex4 #dad47 ,transfer through ,munich ,bavarian ,state ,ministry of ,interior4 7,,no-#aacb1 ,pros4 ,ex4 #cda47 ,transfer through the ,province ,governor of ,military ,district ,,iii4 7,,no-#aacc1 ,pros4 ,ex4 #cce47 ,transfer through ,military ,district ,,iii4 7,,no-#hbf1 ,pros4 ,ex4 #cef47 ,transfer through ,munich ,ministry4 7,d-#ijf1 ,pros4 ,ex4 #cgf47 ,motives for the transfer4 ,the transfer from institutions was effected for various reasons as a result of wartime conditions1 such as evacuation of districts endangered by air raids1 evacuation on account of proximity to the front and evacuation under consideration of inner displacements4 ,ganzer affidavit4 7#chbg-,,ps1 ,pros4 ,ex4 #cfi47 ,according to this1 the evacuations became frequent on account of wartime conditions and it was not easily apparent to the outsider why they were effected4 ,the evacuation from ,warstein to ,hadamar1 where reference is made to an order by ,karl ,brandt1 could not have taken place on account of euthanasia1 as ,hadamar at this time had discontinued euthanasia4 ,the change was made for reasons of air raid precaution4 ,carrying out of the evacuation4 ,statement of ,karl ,brandt4 ,the evacuation was carried out by the ,cooperative ,ambulance ,company through ,office ,t #d1 which was not subordinate to ,karl ,brandt4 ,the ,cooperative ,ambulance ,company was not employed for euthanasia transports alone4 ,whenever it was used1 the account was rendered through the clearing office which settled the matter centrally4 ,affidavit by ,schieber on procurement of lacking ambulance space through the defendant ,karl ,brandt4 7,karl ,brandt #bb1 ,karl ,brandt ,ex4 #ah47 ,affidavit by ,miesen4 7,karl ,brandt #bh4aje7 ,statement of ,mennecke on the assignment of the ,cooperative ,ambulance ,company1 #aida-db1 in the ,east4 ,deportation of ,jews4 ,here a separation of the ,jews according to nationality is carried out4 ,poles and ,jews from ,bohemia and ,moravia shall not be transferred because they do not belong to the area of the transport4 ,this shows that the aim of the deportation was not euthanasia1 because separation according to nationality would have been senseless4 7,,no-#acaj1 ,pros4 ,ex4 #ccg47 ,affidavit by ,schnidtmann4 ,he expresses his opinion on the transfer of workers from the ,east on #ah ,september #aidd2 they are to be returned to their home institutions4 ,this would have been superfluous in the case of intended euthanasia4 7,,no-#gbj1 ,pros4 ,ex4 #cff47 ,affidavit by ,rosenau4 7,karl ,brandt #acj1 ,karl ,brandt ,ex4 #ajf47 ,reasons for euthanasia4 ,euthanasia was brought about on the basis of an authorization given to the directors of the euthanasia institutions on #a ,september #aici4 ,this authorization was no order to carry out euthanasia but merely gave permission to arrange for euthanasia after examination based on a critical judgment of the condition of the illness4 ,consequently1 doctors acted on their own responsibility4 ,the means for the execution of euthanasia4 ,statement of ,brack4 ,according to this statement1 carbon monoxide 7,,co7 was used as a means4 ,this is scientifically proved to be the least painful manner of death4 ,the use of other methods proves that such an execution of euthanasia does not conform with the intended procedure1 but is carried out on personal initiative4 7,tr4 p4 #ggdc47 ,statement of ,rose4 7,tr4 p4 #fcfc47 ,opinion on the reduction of food in medical institutions4 7,,no-#hgb1 ,pros4 ,ex4 #djc47 ,rose declares that this did not result in any particular reduction or neglect of the patients4 ,experimental killing of insane persons4 ,the handing-over of patients from the institution of ,eglfing-,haar is under consideration4 7,no euthanasia74 7#afif-,,ps1 ,pros4 ,ex4 #ceg47 ,issue of false death certificates and notices4 ,meltzer opinion4 7,karl ,brandt #he1 ,karl ,brandt ,ex4 #id47 ,this document contains an inquiry sent to #bjj relatives regarding their attitude towards euthanasia4 ,most of the relatives agree to it2 it is characteristic that many disagree but declare that they do not wish to be asked and that the matter had best be kept secret and covered up 7death should come unexpectedly not influenced by the wishes and interests of others and should not burden the relatives74 ,professor ,meltzer1 an opponent of euthanasia1 arranged for the examination as the director of an insane asylum in order to obtain an argument against the main advocates of euthanasia in ,germany1 ,binding and ,hoche1 and he declared that he was surprised at the result shown by the questionnaire4 ,euthanasia compared with ,medical ,euthanasia ,position taken in the indictment 99 99 99 99 99 ,position of the defense ,in addition to the prescribed euthanasia based on authorization a so-called 8wild euthanasia0 took place1 upon which the defendant ,karl ,brandt had no influence1 and of which he had no knowledge4 ,euthanasia on ,polish ,nationals4 ,the authorization by ,karl ,brandt was limited to the occupied territories1 which were subordinate to special administration1 like the administration for the ,government of ,poland and the ,protectorate as well as the ,communication ,zone4 ,karl ,brandt therefore cannot be held responsible for the events which took place in the insane asylums in ,poland4 ,the removal of ,eglfing-,haar to the occupied territories was carried out by the ,cooperative ,ambulance ,company1 but the fact of the transport shows obviously that death was not intended1 as such a deportation would have been senseless4 ,the seizure of ,poles in the ,polish district ,zichenau by the ,reich ,security ,main ,office proves that quite another organization is at work than the organization for euthanasia in ,germany1 which was ,appointed by the ,ministry of the ,interior as supervisory authority4 ,euthanasia in the ,communication ,zone4 ,affidavit by ,halder4 7,karl ,brandt #aaf1 ,karl ,brandt ,ex4 #ib47 ,rumors that inmates of the insane asylum of ,novgorod and others had been killed reached ,halder4 ,he knows that ,karl ,brandt was not mentioned in this connection as he held no authority in this field and that his appearance would be particularly noticeable4 ,extermination in ,auschwitz4 ,letter from ,brack to ,himmler4 7,,no-#bje1 ,pros4 ,ex4 #afc47 ,the letter shows that the defendant ,karl ,brandt had nothing to do with the deportation of persons to ,auschwitz4 ,brack designates the 8men0 as his 8personnel0 and on his own initiative offers further personnel in his direct correspondence with ,himmler4 ,statement of ,brack4 7,tr4 p4 #gecj47 ,he points out that he had not accused ,brandt himself of having any knowledge of or part in this1 but merely that the possibility was presented to him during the interrogation by the prosecution4 ,he had attempted to maintain his opinion through changes in the text of the affidavit composed for him4 ,the text presented to him definitely mentioned ,brandt as a confidant4 ,it was stated there3 8,it was impossible for these people to participate without the knowledge of ,karl ,brandt0 further 8that this order could have been issued by ,karl ,brandt only40 ,brack has changed the text in the best possible way and has rearranged the sentence as follows3 8,it would have been impossible for these people to participate40 ,to the phrase 8only by order of ,karl ,brandt0 was added 8possibly ,bouhler40 ,statement of ,hielscher4 7,tr4 p4 #eihb ff47 ,on cross-examination1 the witness testified to the trustworthiness of the witness ,gerstein1 who since submitting the affidavit can no longer be traced and is presumed to be hiding4 ,statement of ,mennecke4 7,tr4 p4 #aiab47 ,the witness has not learned any more in regard to the rumors of euthanasia in ,lublin and the participation of ,karl ,brandt in these matters in spite of his particular interest4 ,the ,workers from the ,east4 ,statement of ,schnidtmann4 7,,no-#gbj1 ,pros4 ,ex4 #cff47 ,subsequently the transfer of the insane ,eastern workers to a home institution took place4 ,no euthanasia was therefore carried out2 a transfer for this purpose would have been senseless4 ,euthanasia after ,cessation in #aida ,position taken in the indictment 99 99 99 99 99 ,position of the defense ,with the cessation of euthanasia in ,august #aida1 a new procedure appeared in which ,karl ,brandt no longer participated4 ,karl ,brandt personally was fully occupied with special commissions in other fields 7building of hospitals2 since #aidb ,commissioner ,general2 since #aidd ,reich ,commissioner for ,health and ,medical ,care74 ,the cessation was ordered during ,august #aida4 ,subsequently euthanasia was discontinued4 ,statement of ,schmidt4 7,tr4 p4 #ahgi47 ,hadamar in ,august #aida4 7,compare also the documents of the ,hadamar ,trial1#ajf particularly indictment47 ,the same applies to ,eichberg in ,august #aida4 7,tr4 p4 #ahgi47 ,affidavit by ,kirchert4 ,according to this there was general cessation in the summer of #aida4 7,karl ,brandt #ah1 ,karl ,brandt ,ex4 #ae47 ,affidavit by ,asam-,bruckmueller4 7#chfe-,,ps1 ,pros4 ,ex4 #cfe47 ,according to this euthanasia was also discontinued in ,ansbach4 ,affidavit by ,jordans4 7#chhb-,,ps1 ,pros4 ,ex4 #cga47 ,hereby euthanasia was also discontinued in other institutions in #aidb4 7,the statements regarding date of cessation may be erroneous inasmuch as they were made long after the end of #aida4 ,it is also possible that in spite of the order to cease1 some places still carried on upon the instruction of the local authorities47 ,a new purpose for euthanasia is presented1 which begins after the cessation4 ,the motive is no longer medical and also has no more connection with the authorization4 ,letter from ,liebehenschel to the concentration camp of ,gross-,rosen of #ab ,december #aida on the discharge of prisoners4 7#aaea-,,ps1 ,pros4 ,ex4 #daa47 ,correspondence of ,mennecke4 7,,no-#ijg1 ,pros4 ,ex4 #dab47 ,therein a report is made about the cooperation of a new group1 concerned with extermination4 ,under the date of #ae ,june #aidb ,mennecke speaks about the 8re-commencement0 of euthanasia4 ,statement of ,brack4 ,the witness reports of ,bouhler's worry that before requesting the euthanasia commission on #a ,september #aici1 ,bormann and other powers might wish to use the opportunity and he feared they might abuse it 7wild euthanasia74 ,legal foundations4 ,karl ,brandt is not acquainted with the legal foundation for such proceedings after expiration of the authorization of #a ,september #aici4 ,after the cessation of euthanasia in ,august #aida1 the powers held on the basis of the authorization of #a ,september #aici could no longer be exercised4 ,statement of ,karl ,brandt4 7,tr4 p4 #bdba47 ,according to this1 ,karl ,brandt1 in #aidd learned of two cases in ,saxony and of one in ,pomerania where euthanasia was carried out4 ,he forwarded this report to ,hitler1 ,bormann1 and ,bouhler because he felt that within ,bormann's sphere extremists were at work4 ,organization4 ,the old organization was abandoned or considerably reduced4 7,compare the indictment of the ,hadamar ,case#ajg regarding the liquidation office47 ,the physicians were dismissed in ,august #aida from the ,office1 ,tiergartenstrasse #d4 ,letter from ,brack to ,himmler of #bc ,june #aidb4 7,,no-#bje1 ,pros4 ,ex4 #afc47 ,here he refers to the former transfer of personnel and once more offers people from the remaining personnel4 ,it seems that the organization was now under the influence of ,himmler4 ,karl ,brandt was eliminated by the cessation in #aida4 ,affidavit of ,beringer4 7,,no-#hjh1 ,pros4 ,ex4 #dbe47 ,the witness says1 8it was an open secret in the ,gau that ,mennecke was charged by ,himmler to search the mental institutions of ,germany for insane persons40 ,activity of the former organization4 ,registration sheet4 ,letter of the ,reich ,ministry of the ,interior of #a ,august #aidj4 7#chga-,,ps1 ,pros4 ,ex4 #cei47 ,according to this all sick persons are now to be reported4 ,the letter is addressed to the private clinic of ,hertz at ,bonn4 ,testimony of ,mennecke4 7,tr4 p4 #aijb47 ,according to this1 the program was not resumed again in its original form4 ,some of the experts had retired4 ,the killing no longer took place by carbon monoxide but by other means and by other methods4 ,in part the dead were not burned anymore but buried 7as at ,hadamar74 ,elimination in the ,concentration ,camps ,position taken in the indictment 99 99 99 99 99 ,position of the defense ,motive is not reconcilable with medical authorization2 this does not allow euthanasia for political or economic reasons4 ,testimony of ,mennecke4 7,tr4 p4 #aiac47 ,the witness explains that the execution was a complete breach of the directive at the start of euthanasia4 8,at least it had nothing to do with the euthanasia of lunatics40 ,testimony of ,karl ,brandt4 ,time4 ,testimony of ,mennecke4 7,tr4 p4 #aicc47 ,according to this ,brack spoke of undertaking an examination in the ,,kl concentration camp ,oranienburg for the first time in the summer of #aidj4 ,testimony of ,roemhild4 7,tr4 p4 #afei47 ,the witness says that a second action #ad f #ac started in #aidc 7therefore an independent action after the suspension of #aida74 ,from that the independent character of the 8first action #ad f #ac0 must be concluded1 and it is to be assumed that it was ordered by the ,reich ,criminal ,police ,office1 ,berlin1 as was the second action #ad f #ac4 ,according to the testimony of ,mennecke 7,tr4 p4 #aiad71 ,action #ad f #ac did not start with the first visit in #aidj1 but at first it was only an expert opinion according to medical points of view4 ,in #aidj prisoners were examined by him in the concentration camp ,buchenwald and registration forms filled out4 ,at that time the examination extended to phychoses and psychopathy4 ,affidavit of ,muthig4 ,according to this a transport went from ,dachau to ,mauthausen in ,december #aida after examination by ,heyde4 7,,no-#bgii1 ,pros4 ,ex4 #dig47 ,order4 ,there were two parallel orders3 ,the order of the office of ,bouhler in accordance with the ,euthanasia ,program1 according to which from #aidj on the lunatics in the concentration camps were examined according to the directions4 ,testimony of ,mennecke4 7,tr4 p4 #aice47 ,according to this1 the order to visit the concentration camps was issued in the summer of #aidj4 ,the order of ,himmler to submit to the special treatment of action #ad f #ac1 or to kill undesirable prisoners1 regardless of these examinations4 ,letter of #aj ,december #aida regarding the special action #ad f #ac4 7#aaea-,,ps1 ,pros4 ,ex4 #daa47 ,affidavit of ,hoven4 ,order by ,himmler was at hand for the execution of these actions4 7,,no-#dbi1 ,pros4 ,ex4 #bha47 ,further testimony of ,hoven4 ,report of ,dr4 ,morgen in the proceedings against ,hoven3 8,the right to decide about the life or death of prisoners in the concentration camps is assigned to the ,reich ,leader ,,ss ,himmler40 7,,no-#bcff1 ,pros4 ,ex4 #ebf47 ,organization4 ,two organizations working side by side have to be distinguished3 7#a7 ,organization for the selection of real lunatics according to the authorization of #a ,december #aici4 ,here the organization of ,bouhler is active up to summer #aida within the framework of the former directives4 7#b7 ,organization for extermination contrary to the former directives1 exclusively by ,himmler and the ,reich ,security ,main ,office4 ,testimony of ,roemhild1 about ,action #ad f #ac4 7,tr4 p4 #afda47 ,testimony of ,roemhild4 7,tr4 p4 #afdd47 ,according to this1 ,dr4 ,lolling participated1 and was corresponding about it with ,himmler4 ,testimony of ,roemhild4 7,tr4 p4 #afei47 ,according to this1 the second ,action #ad f #ac started on the orders of the ,reich ,criminal ,police ,office1 ,berlin4 ,it was the independent work of ,lolling in the concentration camp ,oranienburg4 7#aaea-,,ps1 ,pros4 ,ex4 #daa47 ,letter from concentration camp ,gross-,rosen to the institution ,bernburg4 7,,no-#ahgc1 ,pros4 ,ex4 #eef47 ,report on special treatment to ,main ,economic and ,administrative ,office4 7#abcd-,,ps1 ,pros4 ,ex4 #eee47 ,execution4 ,nothing was done before the suspension in ,august #aida4 ,testimony of ,mennecke4 7,tr4 p4 #aicc47 ,according to this1 the first visit in #aidj was not the start4 ,until autumn #aida there was only a general examination of the insane persons4 ,testimony of ,mennecke4 7,tr4 p4 #aidj47 ,there were no objections regarding the examination of insane persons in the first action4 ,testimony of ,mennecke4 7,tr4 p4 #ahij47 ,according to this1 ,mennecke himself filled out the registration forms1 and they were treated in the same way as the registration forms of mental institutions4 ,this was only so during the first visits of ,mennecke1 while the examinations were still taking place according to the prescribed medical points of view4 ,after autumn #aida another procedure was adopted4 ,the registration forms were no longer supplied by ,tiergartenstrasse #d1 but produced and filled out by the inspectorate of the concentration camp4 ,the filling out of the registration forms is restricted to a few points according to an order of the ,reich ,security ,main ,office4 7#aaea-,,ps1 ,pros4 ,ex4 #daa47 ,it was sufficient to fill out the particulars of the form underlined in red4 ,these were name1 date of birth1 religion1 race1 since when in institution1 physical incurable complaints1 disabled soldier1 offense1 former criminal offenses4 ,testimony of ,mennecke4 7,tr4 p4 #aiad47 ,he does not know what a physician is expected to tell from registration forms filled out in such a way4 ,no expert was present4 7,,no-#ijg1 ,pros4 ,ex4 #dab47 ,in the proceedings #ad f #ac1 the consideration of the disease was not the main thing4 ,here there is talk about 8special treatment #ad f #ac02 it has nothing to do with euthanasia but is extermination4 7,,no-#aeh1 ,pros4 ,ex4 #daj47 ,correspondence of the ,main ,economic and ,administration ,office with the concentration camp ,gross-,rosen4 7#abcd-,,ps1 ,pros4 ,ex4 #eee47 ,only special treatment is mentioned4 ,the word 8euthanasia0 nowhere appears4 ,examination4 ,the fact that the ,mauthausen concentration camp is mentioned as a place of execution1 which was not empowered to carry out the euthanasia within the framework of the order of #a ,september #aici1 shows the arbitrariness of the 8action40 ,it must be assumed that ,himmler included ,bernburg1 favorably situated to him1 in the exercise of his own full powers4 ,the difference in the examination according to the directions and according to the proceedings applied in the concentration camp is shown in the correspondence of ,mennecke4 ,correspondence of ,mennecke4 7,,no-#ijg1 ,pros4 ,ex4 #dab47 ,testimony of ,mennecke4 7,tr4 p4 #ahhb47 ,according to this1 it later on depended only on ascertaining reasons for the arrest1 and not on the medical examination4 ,letter from the concentration camp ,gross-,rosen to ,liebehenschel of #be ,march #aidb4 7#aaea-,,ps1 ,pros4 ,ex4 #daa47 ,according to this1 a part of the 8eliminated prisoners0 became 8fit for work0 again4 ,communication of the concentration camp ,gross-,rosen of #af ,november #aida about the elimination of prisoners4 7,,no-#aeh1 ,pros4 ,ex4 #daj47 ,the killing was done at the institutions of ,bernburg and in the concentration camp ,mauthausen4 ,connection of ,karl ,brandt with the ,concentration ,camps4 ,affidavit of ,dietzsch4 7,,no-#acad1 ,pros4 ,ex4 #dcc47 ,according to this1 ,karl ,brandt was said to have been in ,buchenwald4 ,appendix--,affidavit of ,dietzsch4 7,karl ,brandt #ih1 ,karl ,brandt ,ex4 #ci47 ,dietzsch corrects his supposition and explains he did not see ,karl ,brandt in ,buchenwald4 ,testimony of ,hoven4 7,tr4 p4 #iiaa47 ,the correspondence submitted was conducted exclusively by offices of concentration camps4 ,appendix--,report of ,dr4 ,morgen shows that the right over life and death is assigned to ,reich ,leader ,,ss ,himmler4 7,,no-#bcff1 ,pros4 ,ex4 #ebf47 ,the name of ,karl ,brandt is not mentioned in the correspondence4 ,the witness ,mennecke cannot give any information about the activity of ,karl ,brandt within the framework of the special treatment #ad f #ac attributed to him by the indictment4 ,euthanasia ,practice on ,children 7,reich ,committee7 ,position taken in the indictment 99 99 99 99 99 ,position of the defense ,motive4 ,from a medical standpoint1 it is a humane motive to shorten the lives of children not fit to live4 ,testimony of ,schmidt4 7,tr4 p4 #ahed47 ,at the discussion in #aida only medical viewpoints were dealt with4 ,the ,reich ,committee was already being prepared before the authorization of #a ,september #aici 7,leipzig case74 ,time4 ,execution was in force from #aidj to #aidd4 ,testimony of ,pfannmueller4 7,tr4 p4 #gcaj47 ,execution at ,eglfing-,haar did not start before #a ,june #aidj4 ,pfannmueller letter to ,reich ,committee of #ag ,january #aida4 7,,no-#aaci1 ,pros4 ,ex4 #cdf47 ,it refers to agreement of #aj ,december #aidj in connection with decision of #ah ,august #aici4 ,kaufbeuren documents4 7#afif-,,ps1 ,pros4 ,ex4 #ceg47 ,according to this1 euthanasia was carried on in the ,irrsee ,institute1 even after the occupation in #aide4 ,supplement1 ,affidavit of ,weese4 7,karl ,brandt #abi1 ,karl ,brandt ,ex4 #aje47 ,opinion on the state of disease was arrived at objectively by medical examination4 ,legal basis4 ,legal basis was the authorization of #a ,september #aici1 which had not been suspended or annulled for the activity of the ,reich ,committee4 ,decree regarding treatment of malformed children4 7,brack #eb1 ,brack ,ex4 #dc47 ,circular of #a ,july #aidj1 published in the ,ministerial ,gazette4 ,there1 compulsory reporting of malformed and insane children is provided for4 ,organization4 ,affidavit of ,sprauer1 according to which the direction of the ,reich ,committee was in the hands of von ,linden at the ,reich ,ministry and not under ,karl ,brandt4 7#chif-,,ps1 ,pros4 ,ex4 #cgb47 ,testimony of ,karl ,brandt1 according to which the direction was with ,linden of the ,reich ,ministry of the ,interior4 7,tr4 p4 #bdcc47 ,affidavits of ,engel and ,schaub4 ,karl ,brandt was attached to the ,fuehrer's ,general ,headquarters4 7,karl ,brandt #ha1 ,karl ,brandt ,ex4 #he2 ,karl ,brandt #hj1 ,karl ,brandt ,ex4 #ih47 ,testimony of ,mennecke4 7,tr4 p4 #aijc47 ,mennecke never saw a document signed by ,karl ,brandt4 ,he never saw him and never heard him speak4 ,karl ,brandt was only available to give advice4 ,in a few cases1 he was consulted when there were doubts about the final expert opinion4 ,testimony of ,brack4 7,tr4 p4 #gfab47 ,according to this ,bouhler and ,brandt voiced their opinion on the judgment of experts only in questionable cases4 ,further observation was indicated if there were doubts at all4 ,testimony of ,karl ,brandt4 7,tr4 p4 #becb47 ,according to this1 ,karl ,brandt resigned from the ,reich ,committee in the summer of #aidb4 ,he was not used as an expert4 ,letter of the ,reich ,committee of #af ,november #aidc regarding the child ,anna ,gasse4 7,,no-#hij1 ,pros ,ex4 #ddc47 ,testimony of ,karl ,brandt4 7,tr4 p4 #beda47 ,by virtue of this letter1 addressed to ,karl ,brandt1 an inquiry by the ,reich ,committee is addressed to the ,eichberg ,institution4 ,this incident is the outcome of the claim of an incompetent person4 ,the letter shows precisely that ,karl ,brandt did not have an office of his own1 but that he remitted the letter to the competent official authority4 ,execution4 ,registration was handled by the ,reich ,ministry of the ,interior4 7,,no-#aacb1 ,pros4 ,ex4 #cda47 ,the notification about the children was made1 as required by law1 by physicians1 midwives1 and clinics4 ,testimony of ,pfannmueller4 7,tr4 p4 #gcab47 ,according to this1 the registration sheets were published in the gazette of the ,reich ,ministry4 ,sick records had to be attached to the report4 7,,no-#aacc1 ,pros4 ,ex4 #cce47 ,directive issued by the ,reich ,ministry of the ,interior to the effect that personnel and sick records are to be attached4 7,,no-#aacb1 ,pros4 ,ex4 #cda47 ,letter of #cj ,april #aida1 with regard to the child ,thalmeyer4 7,,no-#aach1 ,pros4 ,ex4 #cdi47 ,in that case a medical report on the child was especially required4 ,testimony of ,schmidt4 7,tr4 p4 #ahbh47 ,according to this1 the registration followed upon information obtained from health offices1 midwives1 and clinics for children4 ,medical opinion was given by special advisers who cooperated with official physicians4 ,affidavit of ,weese4 7,karl ,brandt #abi1 ,karl ,brandt ,ex4 #aje47 ,the transfer of partly ,jewish children has no connection with the ,reich ,committee4 ,directive issued by the ,provincial ,president ,bernotat of #ae ,may #aidc concerning the collection of part ,jews4 7,,no-#hic1 ,pros4 ,ex4 #dbf47 ,consent of the parents4 ,letter of the ,reich ,committee of #i ,january #aidc to the health office at ,tuttlingen4 7,karl ,brandt #dj1 ,karl ,brandt ,ex4 #hd47 ,there the competent authority declares that a transfer of a child is not permissible in principle if the consent of the parents is not given4 ,testimony of ,brack4 7,tr4 p4 #gfab47 ,the consent of the parents was secured by the official physician or by the physician in charge1 in other words1 before the child was taken to the clinic4 ,it was up to the practicing physicians to inform the parents of the type of treatment which the child would undergo and of the prospects of success4 7,brack #eb1 ,brack ,ex4 #dc47 ,the probability of death was stressed4 ,testimony of ,karl ,brandt4 7,tr4 p4 #bcii47 ,according to this1 the parents were treated with care while being questioned1 in order that their conscience should not bother them later4 ,testimony of ,karl ,brandt4 7,tr4 p4 #bedd47 ,according to this the consent of the parents was not put into writing but was given orally and then a note made of it in the files4 ,no child was removed against the express wishes of the parents4 ,how the killing was done4 ,testimony of ,pfannmueller 7,tr4 p4 #gcca7 rebuts affidavit of ,jordans 7#chhb-,,ps1 ,pros4 ,ex4 #cga74 ,according to this1 where treatment was not possible any more1 putting to sleep by narcotics was effected by the physician of the institution4 ,there was no ,national ,socialist nursing staff to carry out the killing4 ,testimony of ,pfannmueller4 7,tr4 p4 #gcjd47 ,comment on the statement in the affidavit of ,lehner according to which euthanasia was not practiced on children before the war4 ,testimony of ,pfannmueller4 7,tr4 p4 #gcbi47 ,comment on the conference of the ,bavarian ,ministry of the ,interior in #aidb4 ,according to this1 the starvation process had not been ordered but on account of the general food situation no additional food supplies were permitted which exceeded the rations of the civilian population4 ,affidavit of ,weese4 7,karl ,brandt #abi1 ,karl ,brandt ,ex4 #aje47 ,graph indicating cases of death of insane persons in the ,kaufbeuren ,clinic from #aiaj till #aidd4 7,karl ,brandt #abc1 ,karl ,brandt ,ex4 #ic47 ,the graph shows that during the membership of ,karl ,brandt in the ,reich ,committee the number of cases of death did not really exceed those of ,world ,war ,i4 ,only after his retirement does the curve rise suddenly4 ,performance of experiments by ,professor ,mc,cance on children not fit to live in the ,military ,hospital1 ,wuppertal1 in #aidf4 7,karl ,brandt #ic1 ,karl ,brandt ,ex4 #bi47 ,testimony of ,brack4 7,tr4 p4 #ggaf47 ,according to this1 the consent of the parents was secured in some form or other4 ,authorization4 ,the authorization was given for each case separately on the basis of the files4 ,testimony of ,pfannmueller4 7,tr4 p4 #gcjd47 ,about the types of children in question4 ,affidavit of ,leusser4 7#chfd-,,ps1 ,pros4 ,ex4 #cfg47 ,there it is pointed out that the children stood at the lowest level of idiocy4 ,testimony of ,schmidt4 7,tr4 p4 #ahba47 ,the witness names the type of diseases in question4 ,he says that the consultants and chief consultants gave the authorization4 ,testimony of ,pfannmueller4 7,tr4 p4 #gcad47 ,according to this1 the authorization orders did not read that the life of the children was to be shortened1 but it was only an authorization for treatment4 ,affidavit of ,schmidt4 7#chaf-,,ps1 ,pros4 ,ex4 #cgj47 ,the witness has seen many certificates of authorization1 all of which were signed by ,hegener4 ,special authorization4 ,the ,reich ,committee could not issue special authorizations for adults4 ,the signature of ,hegener in individual cases is in contradiction to issued directives4 ,it was an arbitrary evasion of the decreed cessation of euthanasia4 ,,extracts ,,from ,,the ,,final ,,plea ,,for ,,the ,,defendant ,,brack#ajh 99 99 99 99 99 ,the defendants in this trial1 who are doctors1 were accused in ,general ,taylor's opening speech of having committed atrocities under the guise of medical science4 ,the defendant ,brack is not one of these doctors4 ,brack would probably not even have appeared before you as a war criminal had his superior ,bouhler been still alive4 ,brack worked as an expert in the ,fuehrer's ,chancellery and in his field of work had nothing to do with medical problems4 ,nor is ,brack accused by the prosecution of having participated in medical experiments4 ,however1 ,brack is accused of participation in the genocide policy of the ,third ,reich insofar as he participated in the ,euthanasia ,program and the sterilization experiments1 and was conscious of their destructive purpose4 ,in the judgment of the ,,imt the word 8euthanasia0 or 8,euthanasia ,program0 is not used at all4 ,it only mentions measures that were taken for the purpose of killing all the old1 mentally ill1 and all those who had incurable diseases1 in special institutions2 this included ,german nationals and foreign workers who were unable to work4 ,in the separate judgment of the defendant ,frick1#aji too1 only these measures are mentioned4 ,any connection1 or even the possibility of such a connection between these measures and persecution of the ,jews1 dealt with in a separate chapter1 in particular with the plans drawn up in the summer of #aida for a 8final solution0 of the ,jewish question in ,europe1 was never established by the ,,imt nor even hinted at4 ,until #aici the word 8euthanasia0 was unknown to ,brack as well as to large circles of the ,german population4 ,that this word originally meant the 8art0 of dying1 or to meet death with serene calm1 had remained the secret of those scientists who were interested in the ,greek language4 ,during the course of centuries the meaning of this word changed4 ,it first became the expression for the attempt of the physician--originating in human compassion1 developed by medical science--to alleviate the end of a dying person by soothing his pain4 ,but then the meaning of the word1 and with it the concept of euthanasia1 was expanded1 and towards the end of the #aith century it meant assistance in dying through an abbreviation of life if the life of the suffering person had lost its value in view of immediate and painful death1 or as a result of an incurable disease4 ,it is a fact that this kind of euthanasia has been applied throughout the world since time began and can be traced back to the ,twelve ,tables of ,ancient ,rome and to the epoch of state socialism in antiquity4 ,the assertion of the prosecution that euthanasia was the product of ,national ,socialism and its racial theories can be indisputably refuted by history4 ,even if the prosecution is of a different opinion1 the ,tribunal cannot overlook the fact that the testimony of ,karl ,brandt1 ,brack1 ,pfannmueller1 ,hederich1 ,schultze1 ,grabe1 ,gertrud ,kallmeyer1 and ,walter ,eugen ,schmidt1 all stated independently that the measures started according to ,hitler's will in the autumn of #aici only applied to incurable1 mentally ill persons1 and were suspended in #aida4 ,for these measures1 the participants used the word and the concept of 8euthanasia0 in the meaning of the final medical assistance1 whether justly or injustly1 will be discussed later4 ,it is not uninteresting to note that the word 8,euthanasia ,program0 appears for the first time in the ,brack affidavit 7,,no-#dbf1 ,pros4 ,ex4 #afj71 which was drawn up by the prosecution after several interrogations2 ,brack at that time was in a state of physical and mental exhaustion and1 therefore1 not in a position to realize clearly what he said4 ,the defense1 in agreement with the prosecution1 refrained from presenting an expert medical opinion1 but did not1 as the prosecution now asserts1 refuse to present it4 ,i regret very deeply that the prosecution1 when using the word 8,euthanasia ,program0 coined by them1 characterizes without sufficient proof the euthanasia applied in #aici-aida for the incurably sick as the conscious and deliberate precursor of the different actions of annihilation which mark the milestones of the mental and moral ruins left to the ,german people by men who had become insane4 ,if the prosecution had been sure of their assumption1 they would not have had to submit those extremely doubtful documents with which they tried to prove in cross-examination that the defendant ,brack participated in planning the mass extermination of the ,jews4 99 99 99 99 99 ,how1 in the face of such insufficient evidence which is opposed by numerous cases of intervention for ,jews in that period of time--,i only recall the cases ,warburg and ,georgii--and in the face of ,brack's sworn statements about his attitude towards ,jewry1 can the prosecution assert that ,brack participated in planning the extermination of the ,jews8 ,in this way1 the prosecution closed the circle incriminating ,brack1 which they drew round the euthanasia of incurable mental patients1 the ,action #ad f #ac1 and the final measures to exterminate the ,jews4 ,i wish to stress again that everything that happened after the stop in ,august #aida in the way of abuse by the euthanasia institutions had nothing to do with the euthanasia of the incurably insane which was supported by ,brack4 ,an opposing view would only be suitable to make a historical record which is not supported by the weight of the judgment of the ,international ,military ,tribunal1 but merely corresponds to a conjecture which in the decisive points themselves is void of every substantiated basis4 99 99 99 99 99 d4 ,evidence ,prosecution ,documents ,pros4 ,ex4 ,doc4 ,no4 ,no4 ,description of ,document ,page ,,no-#dbf #afj ,extract from the affidavit of #hdb defendant ,brack1 #ad ,october #aidf1 describing administrative details and procedure of the ,euthanasia ,program4 #fae-,,ps #bdf ,letter from ,dr4 ,hilfrich1 ,bishop of #hde ,limburg1 to the ,reich ,minister of ,justice1 #ac ,august #aida1 protesting against the killing of mentally ill people4 ,,no-#dbi #bha ,extract from the affidavit of #hdg defendant ,hoven1 #bd ,october #aidf1 concerning the transfer of concentration camp inmates to euthanasia stations for extermination4 #fcj-,,ps #ccj ,letter from ,hitler to ,karl ,brandt #hdh and ,bouhler1 #a ,september #aici1 charging them with the execution of euthanasia4 ,,no-#aace #ccd ,confirmation1 #cj ,august #aidj1 of the #hdh transfer of mental patients with list of transferred patients attached4 #afif-,,ps #ceg ,letter from ,dr4 ,conti to the ,mental #hdi ,hospital in ,kaufbeuren1 #af ,november #aici1 requesting that questionnaires 7attached7 be filled out for individual patients2 letter from the ,general ,sick ,transport ,company to the ,mental ,hospital in ,kaufbeuren1 #ab ,may #aida1 stating that the company would remove mental patients2 report from the ,provincial ,association for ,social ,welfare in ,swabia1 #f ,may #aida1 that all transferred patients had died2 letter from ,gaum1 #bd ,november #aidb1 to ,dr4 ,leinisch stating that epileptics would be made available for research4 #chif-,,ps #cgb ,extract from the affidavit of ,dr4 #hec ,ludwig ,sprauer1 #bc ,april #aidf1 concerning the organization of the ,euthanasia ,program4 ,,no-#ebj #cgd ,letter from the chief of the #hed institution for feeble-minded in ,stetten to ,dr4 ,frank1 #f ,september #aidj1 requesting that euthanasia be carried out only after legal basis was created4 ,,no-#ffj #cgg ,note by ,sellmer1 #f ,december #aidj1 #hee describing the method of selection for euthanasia4 ,,no-#jah #djd ,letter from ,himmler to ,brack1 #ai #hef ,december #aidj1 requesting that ,euthanasia ,station ,grafeneck be discontinued and that motion pictures be shown to dispel rumors4 ,,no-#hdb #dje ,letter from ,brack to ,dr4 #heg ,schlegelberger1 #ah ,april #aida1 forwarding forms for euthanasia and suggesting that death notifications should not follow a stereotyped form4 ,,no-#aeh #daj ,letter from ,hirche1 administrator of #heh the ,mental ,institution ,bernburg1 to camp commandant of the ,gross-,rosen concentration camp1 #ai ,march #aidb1 with list of inmates transferred from the concentration camp to ,bernburg4 ,,no-#ijg #dab ,extract from letter from ,dr4 ,fritz #hfa ,mennecke to his wife1 #be ,november #aida1 concerning his activities as physician selecting inmates of concentration camp ,buchenwald for euthanasia4 ,,no-#ajjg #dac ,circular from ,gluecks to #hfb concentration camp commandants1 #bg ,april #aidc1 stating that in the future only insane prisoners should be used for ,action 8#ad f #ac0 7euthanasia74 ,,no-#hia #dad ,directive of the ,reich ,minister of #hfc the ,interior1 #f ,september #aidd1 ordering euthanasia extended to insane ,eastern workers4 #aeec-,,ps #dbh ,extract from the field interrogation #hfe of ,kurt ,gerstein1 #bf ,april #aide1 describing the mass gassing of ,jews and other 8undesirables40 ,,no-#cfe #ejg ,unsigned draft letter from ,dr4 #hgj ,wetzel to ,rosenberg1 #be ,october #aida1 dealing with ,brack's collaboration in the construction of gas chambers for the extermination of ,jews4 ,defense ,documents ,doc4 ,no4 ,def4 ,ex4 ,no4 ,description of ,documents ,karl ,brandt #ah ,karl ,brandt ,ex4 ,extracts from the affidavit of ,dr4 #hga #ae ,werner ,kirchert1 #bi ,january #aidg1 stating that ,karl ,brandt was not involved in the ,euthanasia ,program4 ,karl ,brandt #ai ,karl ,brandt ,ex4 ,affidavit of ,alfred ,rueggeberg1 #bc #hgb #af ,january #aidg1 concerning radio discussions on euthanasia4 ,karl ,brandt #bc ,karl ,brandt ,ex4 ,affidavit of ,eduard ,woermann1 #ah #hgc #ai ,january #aidg1 concerning discussion of ,karl ,brandt and ,pastor ,bodelschwingh on euthanasia4 ,pokorny #ai ,pokorny ,ex4 #bg ,affidavit of ,dr4 ,helmuth ,weese1 #ai #hgd ,march #aidg1 concerning use of caladium seguinum for sterilization4 ,testimony ,page ,extracts from the testimony of prosecution witness ,dr4 ,mennecke #hge ,extracts from the testimony of defendant ,brack #hgf ,extract from the testimony of prosecution witness ,walter ,e4 ,schmidt #hij ,extracts from the testimony of defendant ,karl ,brandt #hib ,,partial ,,translation ,,of ,,document ,,no-#dbf ,,prosecution ,,exhibit #afj ,,extract ,,from ,,the ,,affidavit ,,of ,,defendant ,,brack1 #ad ,,october #aidf1 ,,describing ,,administrative ,,details ,,and ,,procedure ,,of ,,the ,,euthanasia ,,program 99 99 99 99 99 ,the ,euthanasia ,program #d4 ,the ,euthanasia ,program was initiated in the summer of #aici4 ,hitler issued a secret order to ,professor ,dr4 ,karl ,brandt1 ,reich ,commissioner for ,medical and ,health ,matters1 and at that time personal physician to the ,fuehrer1 and to ,philipp ,bouhler1 charging them with responsibility for the killing of human beings who were unable to live1 that is1 the according of a mercy death to incurably insane persons4 ,prior to the issuance of this secret order1 ,bouhler had a conference with ,dr4 ,brandt and ,dr4 ,leonardo ,conti1 the ,reich ,chief for ,public ,health and ,state ,secretary in the ,ministry of ,interior4 ,on the basis of this order of ,hitler1 ,bouhler and ,brandt were to select doctors to carry out this program4 ,inasmuch as the insane asylums and other institutions were functions of the ,ministry of ,interior1 ,dr4 ,herbert ,linden became the representative of the ,ministry of ,interior4 ,dr4 ,karl ,brandt and ,philipp ,bouhler appointed ,professor ,dr4 ,heyde and ,professor ,dr4 ,nietsche along with several other medical men to aid in the execution of this ,euthanasia ,program4 #e4 ,professor ,dr4 ,karl ,brandt was in charge of the medical section of the ,euthanasia ,program4 ,in this capacity1 as shown in the chart ,i have drawn1 dated #ab ,september #aidf1 ,dr4 ,karl ,brandt appointed as his deputies ,professor ,heyde and ,professor ,nietsche4 ,in charge of the administrative office under ,brandt was first ,herr ,bohne and later ,herr ,allers4 ,three different names were used by ,brandt's section in order to disguise the activities of the organization4 ,the names of the organization are as follows3 ,reich ,association--,mental ,institutions4 ,charitable ,foundation for ,institutional ,care4 ,general ,patient ,transport ,company4 #f4 ,in the early stages of this program1 ,dr4 ,karl ,brandt visited ,philipp ,bouhler and discussed with him many details of this program4 ,as a matter of fact1 after such meetings between ,brandt and ,bouhler1 ,i received many orders1 more often from ,bouhler than from ,brandt directly4 #g4 ,in my capacity as ,chief of ,office ,,ii of ,bouhler's ,chancellery1 ,i was ordered to carry out the administrative details of the ,euthanasia ,program4 ,my deputy was ,werner ,blankenburg1 who eventually became my successor1 that is1 in the beginning of #aidb when ,i joined the ,waffen ,,ss4 ,von ,hegener1 ,reinh1 ,vorberg1 and ,dr4 ,hevelmann were members of my staff4 #h4 ,in the ,ministry of the ,interior1 ,dr4 ,linden was in charge of the ,euthanasia ,program and his deputy was ,ministerialrat ,franke4 ,the ,department for ,public ,health in the ,ministry of the ,interior had authority over all insane asylums of the ,reich1 and in this position1 my department as well as the office of ,dr4 ,brandt maintained close liaison in order to operate this ,euthanasia ,program efficiently4 ,the ,procedure #i4 ,by order of ,dr4 ,linden1 the directors of all insane asylums in the ,reich had to complete questionnaires for each patient in their institutions4 ,these questionnaires were drafted by ,bouhler1 ,heyde1 ,nietsche1 and others in several of their many conferences4 ,the questionnaires were then forwarded to the ,ministry of the ,interior to be distributed to the various insane asylums and similar institutions4 ,theoretically1 ,dr4 ,linden's office had the questionnaires returned and then forwarded them to the administrative section of the office of ,dr4 ,brandt4 ,the program was so arranged that photostats of each questionnaire were to be sent to four experts consisting of about #aj to #ae doctors4 ,i do not remember the names of all the members of this panel1 but ,dr4 ,pfannmueller1 ,dr4 ,schumann1 ,dr4 ,faltlhauser1 and ,dr4 ,rennaux are fresh in my memory in this connection4 ,each of these experts indicated by making a certain comment on the questionnaire whether or not the patient could be transferred to an observation institution and eventually killed4 ,the questionnaire was then forwarded to a senior expert4 ,according to the regulation1 the senior expert was only entitled to order the transfer of the patient when all four experts voted for the transfer4 ,this senior expert also marked the questionnaire and then submitted it to ,dr4 ,linden who ordered the insane asylum to transfer the patient to one of the observation institutions4 ,offhand ,i can remember1 among others1 the names of the following observation institutions3 ,eglfing-,haar1 ,kempten1 ,jena1 ,buch1 ,arnsberg4 #aj4 ,at these institutions the patients were under the observation of the doctor in charge for a period of #a to #c months4 ,the physician had the right to exempt the patient from the program if he decided that the patient was not incurable4 ,if he agreed with the opinion of the senior expert1 the patient was transferred to a so-called ,euthanasia ,institution4 ,i can recall the names of the ,euthanasia ,institutions-- ,grafeneck--under ,dr4 ,schuman4 ,brandenburg--under ,dr4 ,hennecke4 ,hartheim--under ,dr4 ,rennaux4 ,sonnenstein--under ,dr4 ,schmalenbach4 ,hadamar--7,i do not remember under whose leadership74 ,bernburg--under ,dr4 ,behnke or ,dr4 ,becker4 ,in these institutions the patient was killed by means of gas by the doctor in charge4 ,to the best of my knowledge1 about fifty to sixty thousand persons were killed in this way from autumn #aici to the summer of #aida4 #aa4 ,the order issued by the ,fuehrer to ,brandt and ,bouhler was secret and never published4 ,the ,euthanasia ,program itself was kept as secret as possible1 and for this reason1 relatives of persons killed in the course of the program were never told the real cause of death4 ,the death certificates issued to the relatives carried fictitious causes of death such as heart failure4 ,all persons subjected to the ,euthanasia ,program did not have an opportunity to decide whether they wanted a mercy death1 nor were their relatives contacted for approval or disapproval4 ,the decision was purely within the discretion of the doctors4 ,the program was not restricted to those cases in which the person was 8in extremis04 #ab4 ,hitler's ultimate reason for the establishment of the ,euthanasia ,program in ,germany was to eliminate those people confined to insane asylums and similar institutions who could no longer be of any use to the ,reich4 ,they were considered useless objects and ,hitler felt that by exterminating these so-called useless eaters1 it would be possible to relieve more doctors1 male and female nurses1 and other personnel1 hospital beds and other facilities for the armed forces4 ,reich ,committee for ,research on ,hereditary ,diseases and ,constitutional ,susceptibility to ,severe ,diseases #ac4 ,this committee1 which was also a function of the ,euthanasia ,program1 was an organization for the killing of children who were born mentally deficient or physically deformed4 ,all physicians assisting at births1 midwives1 and maternity hospitals were ordered by the ,ministry of ,interior to report such cases to the office of ,dr4 ,linden in the ,ministry of ,interior4 ,experts in the medical section of ,dr4 ,brandt's office were then ordered to give their opinion in each case4 ,as a matter of fact1 the complete file on each case was sent to the offices of ,bouhler and ,dr4 ,brandt in order to obtain their opinions and to decide the fate of each child involved4 ,in many cases these children were to be operated upon in such a manner that the result was either complete recovery or death4 ,death resulted in a majority of these cases4 ,the program was inaugurated in the summer of #aici4 ,bouhler told me that ,dr4 ,linden had orders to obtain the consent of the parents of each child concerned4 ,i do not know how long this program continued1 since ,i joined the ,waffen ,,ss in #aidb4 ,the ,connection between the ,euthanasia ,program and ,,ss ,brigadefuehrer ,globocnik #ad4 ,in #aida ,i received an oral order to discontinue the ,euthanasia ,program4 ,i received this order either from ,bouhler or from ,dr4 ,brandt4 ,in order to preserve the personnel relieved of these duties and to have the opportunity of starting a new ,euthanasia ,program after the war1 ,bouhler requested1 ,i think after a conference with ,himmler1 that ,i send this personnel to ,lublin and put it at the disposal of ,,ss ,brigadefuehrer ,globocnik4 ,i then had the impression that these people were to be used in the extensive ,jewish labor camps run by ,globocnik4 ,later1 however1 at the end of #aidb or the beginning of #aidc1 ,i found out that they were used to assist in the mass extermination of the ,jews1 which was then already common knowledge in higher ,party circles4 #ae4 ,among the doctors who assisted in the ,jewish extermination program were ,eberle and ,schumann2 ,schumann performed medical experiments on prisoners in ,auschwitz4 ,it would have been impossible for these men to participate in such things without the personal knowledge and consent of ,karl ,brandt4 ,the order to send these men to the ,east could have been given only by ,himmler to ,brandt1 possibly through ,bouhler4 99 99 99 99 99 ,,translation ,,of ,,document #fae-,,ps ,,prosecution ,,exhibit #bdf ,,letter ,,from ,,dr4 ,,hilfrich1 ,,bishop ,,of ,,limburg1 ,,to ,,the ,,reich ,,minister ,,of ,,justice1 #ac ,,august #aida1 ,,protesting ,,against ,,the ,,killing ,,of ,,mentally ,,ill ,,people ,the ,bishop of ,limburg ,limburg_/,lahm1 #ac ,august #aida ,to the ,reich ,minister of ,justice ,berlin ,regarding the report submitted on ,july #af 7sub4 ,,iv1 pp4 #f-g7 by the ,chairman of the ,fulda ,bishops' ,conference1 ,cardinal ,dr4 ,bertram1 ,i consider it my duty to present the following as a concrete illustration of destruction of so-called 8useless life04 ,about #h kilometers from ,limburg in the little town of ,hadamar1 on a hill overlooking the town1 there is an institution which had formerly served various purposes and of late had been used as a nursing home4 ,this institution was renovated and furnished as a place in which1 by concensus of opinion1 the above-mentioned euthanasia has been systematically practiced for months--approximately since ,february #aida4 ,the fact is1 of course1 known beyond the administrative district of ,wiesbaden because death certificates from the ,hadamar-,moenchberg ,registry are sent to the home communities4 7,moenchberg is the name of this institution because it was a ,franciscan monastery prior to its secularization in #ahjc47 ,several times a week busses arrive in ,hadamar with a considerable number of such victims4 ,school children of the vicinity know this vehicle and say3 8,there comes the murder-box again40 ,after the arrival of the vehicle1 the citizens of ,hadamar watch the smoke rise out of the chimney and are tortured with the ever-present thought of depending on the direction of the wind4 ,the effect of the principles at work here are that children call each other names and say1 8,you're crazy2 you'll be sent to the baking oven in ,hadamar40 ,those who do not want to marry1 or find no opportunity1 say1 8,marry1 never6 ,bring children into the world so they can be put into the bottling machine60 ,you hear old folks say1 8,don't send me to a state hospital6 ,when the feeble-minded have been finished off1 the next useless eaters whose turn will come are the old people40 ,all ,god-fearing men consider this destruction of helpless beings a crass injustice4 ,and if anybody says that ,germany cannot win the war1 if there is yet a just ,god1 these expressions are not the result of a lack of love for the ,fatherland but of a deep concern for our people4 ,the population cannot grasp the fact that systematic actions are carried out which in accordance with paragraph #baa of the ,german ,penal ,code are punishable with death4 ,high authority as a moral concept has suffered a severe shock as a result of these happenings4 ,the official notice that ,n4 ,n4 died of a contagious disease and1 therefore1 his body had to be burned1 no longer finds credence1 and official notices of this kind which are no longer believed have further undermined the ethical value of the concept of authority4 ,officials of the ,secret ,state ,police1 it is said1 are trying to suppress discussion of the ,hadamar occurrences by means of severe threats4 ,in the interest of public peace1 this may be well intended4 ,but the knowledge1 and the conviction1 and the indignation of the population1 cannot be changed by it2 the conviction will be increased with the bitter realization that discussion is prohibited by threats1 but that the actions themselves are not prosecuted under penal law4 ,facta loquuntur4 ,i beg you most humbly1 ,herr ,reich ,minister1 in the sense of the report of the ,episcopate of #af ,july of this year1 to prevent further transgressions of the ,fifth ,commandment of ,god4 ,signed ,,dr4 ,,hilfrich ,i am submitting copies of this letter to the ,reich ,minister of the ,interior and to the ,reich ,minister for ,church ,affairs4 ,initialed by the above ,,partial ,,translation ,,of ,,document ,,no-#dbi ,,prosecution ,,exhibit #bha ,,extract ,,from ,,the ,,affidavit ,,of ,,defendant ,,hoven1 #bd ,,october #aidf1 ,,concerning ,,the ,,transfer ,,of ,,concentration ,,camp ,,inmates ,,to ,,euthanasia ,,stations ,,for ,,extermination ,,affidavit ,i1 ,waldemar ,hoven1 being duly sworn1 depose and state3 99 99 99 99 99 ,transfer of ,inmates to the ,bernburg ,euthanasia ,station for ,extermination ,i became aware in #aida that the so-called ,euthanasia ,program for the extermination of the mentally and physically deficient was being carried out in ,germany4 ,at that time1 the camp commandant ,koch called all the important ,,ss officials of the camp together and informed them that he had received a secret order from ,himmler to the effect that all mentally and physically deficient inmates of the camp should be killed4 ,the camp commandant stated that higher authorities from ,berlin had ordered that all the ,jewish inmates of the ,buchenwald concentration camp be included in this extermination program4 ,in accordance with these orders #cjj to #djj ,jewish prisoners of different nationalities were sent to the euthanasia station at ,bernburg for extermination4 ,a few days later ,i received a list of the names of those ,jews who were exterminated at ,bernburg from the camp commandant and ,i was ordered to issue falsified death certificates4 ,i obeyed this order4 ,this particular action was executed under the code name 8#ad f #ac04 ,i visited ,bernburg on one occasion to arrange for the cremation of two inmates who died in the ,wernigerode branch 7,aussenkommando ,wernigerode7 of the ,buchenwald concentration camp4 99 99 99 99 99 ,,translation ,,of ,,document #fcj-,,ps ,,prosecution ,,exhibit #ccj ,,letter ,,from ,,hitler ,,to ,,karl ,,brandt ,,and ,,bouhler1 #a ,,september #aici1 ,,charging ,,them ,,with ,,the ,,execution ,,of ,,euthanasia ,letterhead3 ,a4 ,,hitler ,berlin1 #a ,september #aici ,reichsleiter ,bouhler and ,dr4 ,brandt1 ,m4 ,d41 are charged with the responsibility of enlarging the authority of certain physicians to be designated by name in such a manner that persons who1 according to human judgment1 are incurable can1 upon a most careful diagnosis of their condition of sickness1 be accorded a mercy death4 ,signed ,a4 ,,hitler ,handwritten note ,given to me by ,bouhler on #bg ,august #aidj ,signed ,,dr4 ,,guertner ,,partial ,,translation ,,of ,,document ,,no-#aace ,,prosecution ,,exhibit #ccd ,,confirmation1 #cj ,,august #aidj1 ,,of ,,the ,,transfer ,,of ,,mental ,,patients ,,with ,,list ,,of ,,transferred ,,patients ,,attached ,,confirmation ,in accordance with the decision of the ,state ,ministry of the ,interior 7,public ,health ,division71 dated #h ,january #aidj1 on orders from the ,reich ,association of ,mental ,institutions ,reichsarbeitsgemeinschaft der ,heil und ,pflegeanstalten and as responsible chief of the ,general ,sick ,transport ,company ,g4m4b4,h4 ,gemeinnuetzige ,krankentransport ,g4m4b4,h41 ,i have taken charge of the transfer to a ,reich institution of the patients enumerated in the list below4 ,eglfing1 #cj ,august #aidj ,signature illegible ,commissioner of ,general ,sick ,transport ,company ,g4m4b4,h4#aaj 99 99 99 99 99 ,,transfer ,,memorandum ,,for ,,niedernhart ,handed over were-- #a4 #adi patients with their own clothing1 underwear1 money1 and belongings4 #b4 #adi files with personal records 7case histories74 #c4 ,a list of the amount of money of each patient4 ,a receipt was made out for this purpose4 #d4 ,a list of the names4 ,eglfing-,haar1 #cj-h-dj ,signed ,head ,nurse ,,lotte ,,zell ,,translation ,,of ,,document #afif-,,ps ,,prosecution ,,exhibit #ceg ,,letter ,,from ,,dr4 ,,conti ,,to ,,the ,,mental ,,hospital ,,in ,,kaufbeuren1 #af ,,november #aici1 ,,requesting ,,that ,,questionnaires 7,,attached7 ,,be ,,filled ,,out ,,for ,,individual ,,patients2 ,,letter ,,from ,,the ,,general ,,sick ,,transport ,,company ,,to ,,the ,,mental ,,hospital ,,in ,,kaufbeuren1 #ab ,,may #aida1 ,,stating ,,that ,,the ,,company ,,would ,,remove ,,mental ,,patients2 ,,report ,,from ,,the ,,provincial ,,association ,,for ,,social ,,welfare ,,in ,,swabia1 #f ,,may #aida1 ,,that ,,all ,,transferred ,,patients ,,had ,,died2 ,,letter ,,from ,,gaum1 #bd ,,november #aidb1 ,,to ,,dr4 ,,leinisch ,,stating ,,that ,,epileptics ,,would ,,be ,,made ,,available ,,for ,,research ,the ,reich ,minister of the ,interior ,berlin1 ,,nw #dj1 ,koenigsplatz #f1 #af ,november #aici ,,iv g #dagh _/#ci-eajj ,telephone3 ,dept4 ,z1 ,i1 ,,ii1 ,v1 ,,viii #aa #jj #bg ,dept4 ,,ii1 ,,iv1 ,,vi 7,unter den ,linden #gb72 #ab #jj #cd ,tel4 ,address3 ,reichsinnenminister4 ,to the ,head of the ,hospital for ,mental ,cases ,kaufbeuren or his deputy in ,kaufbeuren4 ,with regard to the necessity for a systemized economic plan for hospitals and nursing institutions1 ,i request you to complete the attached registration forms immediately in accordance with the attached instruction leaflet and to return them to me4 ,if you yourself are not a doctor1 the registration forms for the individual patients are to be completed by the supervising doctor4 ,the completion of the questionnaires is1 if possible1 to be done on a typewriter4 ,in the column 8,diagnosis0 ,i request a statement as exact as possible1 as well as a short description of the condition1 if feasible4 ,in order to expedite the work1 the registration forms for the individual patients can be dispatched here in several parts4 ,the last consignment1 however1 must arrive in any case at this ,ministry at the latest by #a ,january #aidj4 ,i reserve for myself the right1 should occasion arise1 to institute further official inquiries on the spot through my representative4 per proxi3 ,,dr4 ,,conti ,certified3 7,sd47 ,illegible ,administrative ,secretary4 ,registration ,form #a ,to be typewritten ,current ,no4 ,name of the ,institution3 ,at3 ,surname and ,christian name of the patient3 ,at birth ,date of birth3 ,place3 ,district3 ,last place of residence ,district3 ,unmarried1 married1 widow1 widower1 divorced3 ,religion3 ,race#aaa3 ,previous profession3 ,nationality3 ,army service when8 #aiad-ah or from #a-i-ci4 ,war injury 7even if no connection with mental disorder7 ,yes_/,no ,how does war injury show itself and of what does it consist8 ,address of next of kin3 ,regular visits and by whom 7address73 ,guardian or nurse 7name1 address73 ,responsible for payment3 ,since when in ,institution ,whence and when handed over3 ,since when ill3 ,if has been in other institutions1 where and how long3 ,twin8 ,yes_/,no ,blood relations of unsound mind3 ,diagnosis3 ,clinical description 7previous history1 course1 condition2 in any case ample data regarding mental condition73 ,very restless8 ,yes_/,no ,bedridden8 ,yes_/,no ,incurable physical illness3 ,yes_/,no 7which7 ,schizophrenia3 ,fresh attack ,final condition ,good recovery ,mental debility3 ,weak ,imbecile ,idiot ,epilepsy3 ,psychological ,average frequency of the attacks alteration ,therapeutics 7insulin1 cardiazol1 malaria1 permanent result3 ,salvarsan1 etc4 when87 ,yes_/,no ,admitted by reason of par4 #ea1 par4 #db;b ,german ,penal ,code1 etc4 through ,crime3 ,former punishable offenses3 ,manner of employment 7detailed description of work73 ,permanent_/,temporary employment1 independent ,worker8 ,yes_/,no ,value of work 7if possible compared with average performance of healthy person7 ,this space to be left blank4 ,place1 ,date ,signature of the head doctor or his representative 7doctors who are not psychiatrists or neurologists1 please state same74 ,general ,sick ,transport ,company1 ,g4m4b4,h4 ,dept4 ,,ii_/d1 ,h_/,k ,berlin1 ,w4 #i1 #ab ,may #aida ,potsdamer ,platz #a4 ,to the ,director of the ,hospital of the ,district ,association of ,swabia1 ,kaufbeuren_/,bavaria4 ,dear ,director1 ,by order of the ,reich ,defense ,commissioner1 ,i must remove mental cases from your institution and from the branch at ,irrsee to another institution4 ,a total of #adj persons are to be transported1 #gj on #d ,june and #gj on #e ,june4 ,i forward you herewith ,transport ,lists ,nos4 #h1 #i1 #aj1 and #aa in triplicate4 ,the additional names on the lists are intended for possible deficits 7discharged meanwhile1 died1 etc474 ,the marking of the patients is most suitably done by means of a strip of adhesive tape1 on which the name is written in indelible pencil1 to be pasted between the shoulder blades4 ,at the same time the name is to be put on an article of clothing4 ,the hospital reports and personal histories are to be prepared for the transportation and to be handed to our director of transport1 ,herr ,kuepper2 in the same way1 the personal possessions of the patients1 as well as money and articles of value4 ,i enclose property information cards and information cards as to the defrayer of the expenses1 which must be completed accurately and handed in at the time of transportation4 ,money and articles of value1 besides being noted on the property information cards1 must also be noted on separate special lists 7in duplicate74 ,transportation takes place3 ,on #d ,june1 #h3df a4 m4 from ,kaufbeuren--#gj patients ,on #e ,june1 #h3df a4 m4 from ,kaufbeuren--#gj patients ,our director of transport1 ,herr ,kuepper1 will visit you the previous day in order to discuss further details with you4 ,i further request you to provide the patients with food 7#b-c slices of bread and butter each and some cans of coffee74 ,heil ,hitler6 7sd7 ,illegible ,general ,sick ,transport ,company1 ,g4m4b4,h4 ,,provincial ,,association ,,for ,,social ,,welfare ,,swabia ,address3 ,augsburg #a1 ,p4 ,o4 ,box ,regierungspraesident ,tel4 ,no4 #ehdb ,cashier's ,office3 ,principal ,govt4 ,cashier's ,office ,augsburg4 ,post ,office check account3 ,munich ,no4 #afbd ,director ,dr4 ,faltlhauser1 of the ,hospital1 ,kaufbeuren4 ,your reference3 #bjhj4 ,your letter of #ac ,november #aidj4 ,our reference3 7must always be referred to74 ,,ii-,b-#g-b4 ,augsburg1 #f ,may #aida ,concerning the transfer of patients4 ,i have the honor to inform you that the female patients transferred from your institution on #h ,november #aidj to the institutions in ,grafeneck1 ,bernburg1 ,sonnenstein1 and ,hartheim all died in ,november of last year4 ,signed ,illegible ,enclosures3 99 99 99 99 99 ,copy ,no4 #ebee c #ci ,state ,ministry of the ,interior ,munich1 #bd ,november #aidb to the ,director of the ,hospital1 ,kaufbeuren1 ,obermed4 ,rat ,dr4 ,faltlhauser4 ,to3 ,chief ,physician1 ,dr4 ,w4 ,leinisch ,guenzburg4 ,re letter of #ac-aa-aidb4 ,dear ,doctor1 ,in your letter of #ac-aa-aidb you requested me to send suitable epileptics for the carrying out of your research work4 ,i had an opportunity to discuss this with the ,obermedizinalraete ,dr4 ,faltlhauser and ,dr4 ,pfannmueller4 ,both will willingly deliver suitable patients to you4 ,for various reasons patients from the ,institution at ,kaufbeuren are primarily to be chosen4 ,if this institution has no suitable material1 ,i agree to the transfer of patients from ,eglfing-,haar to ,guenzburg for your research work4 ,i request that you get in touch with ,dr4 ,faltlhauser4 ,heil ,hitler6 ,signed ,,gaum ,,partial ,,translation ,,of ,,document #chif-,,ps ,,prosecution ,,exhibit #cgb ,,extract ,,from ,,the ,,affidavit ,,of ,,dr4 ,,ludwig ,,sprauer1 #bc ,,april #aidf1 ,,concerning ,,the ,,organization ,,of ,,the ,,euthanasia ,,program ,,affidavit ,i1 ,dr4 ,ludwig ,sprauer1 born on #ai ,october #ahhd1 now living at ,konstanz1 ,baden1 ,salmannsweilergasse #b1 make the following statement under oath3 ,i passed my state examination for medicine in ,freiburg in #aijg1 and since #aiai was active in the civil service4 ,during the following #ad years ,i was active as ,bezirksarzt in ,stockach1 ,oberkirch1 ,konstanz4 ,i joined the ,,nsdap in #aicc4 ,from #aicd until #aidd ,i was the highest medical officer of ,baden and held the title ,ministerialrat4 ,my highest superior was the ,reich ,minister of the ,interior1 ,dr4 ,frick4 ,as ,frick's subordinate ,i traveled several times1 perhaps every #b to #c months to ,berlin1 to take part in discussions1 conferences1 etc41 in the ,reich ,ministry of the ,interior4 ,these took place in the ,reich ,ministry of the ,interior1 ,berlin1 ,unter den ,linden #gb-gd2 later in the ,reich ,ministry of the ,interior office on ,voss-,strasse4 ,on one such occasion in ,berlin1 ,dr4 ,linden1 ,ministerialdirigent in the ,reich ,ministry of the ,interior1 stated that it was planned to introduce a euthanasia law4 ,for military-political reasons to create more space1 the incurably insane were to be done away with4 ,the asylums thus vacated were in part asked for by the ,,ss to be used for national political educational institutions4 ,a transportation company was founded for the execution of all these measures4 ,this company worked hand in hand with the so-called ,reich ,committee for ,research into ,hereditary ,ailments4 ,this ,reich concern was managed by ,frick's ,ministerialdirigent ,dr4 ,linden4 ,in the course of these measures from #aida through #aidd1 thousands of persons were transferred from ,baden's asylums to places like ,hadamar1 ,grafeneck1 etc41 and were killed there4 ,the killings1 however1 were not solely confined to the mentally sick4 ,in the course of the same campaign1 steps were taken by order of the ,reich ,ministry of the ,interior to eliminate particularly old but also young people who were ill4 ,the persons killed in the course of this program included not only those who were mentally sick1 but also those who suffered from arteriosclerosis1 tuberculosis1 cancer1 and other ailments4 ,most of those were older people who were inmates of public institutions at the state's expense1 and who in a respectable society would have been taken care of from public funds4 ,these people were brought from public asylums in ,baden to ,hadamar1 ,grafeneck1 and other asylums and killed there4 ,in what manner they were killed1 ,i do not know4 ,in this way space was made available in the institutions for the armed forces and for the ,national ,socialist educational institutions4 ,the whole program was camouflaged on the outside and falsified death certificates were made out4 99 99 99 99 99 ,,partial ,,translation ,,of ,,document ,,no-#ebj ,,prosecution ,,exhibit #cgd ,,letter ,,from ,,the ,,chief ,,of ,,the ,,institution ,,for ,,feeble-,,minded ,,in ,,stetten ,,to ,,dr4 ,,frank1 #f ,,september #aidj1 ,,requesting ,,that ,,euthanasia ,,be ,,carried ,,out ,,only ,,after ,,legal ,,basis ,,was ,,created ,l4 ,schlaich1 ,stetten i4 ,r4 ,chief of the ,institution for ,feeble-,minded and ,epileptics4 ,stetten1 i4 ,r41 #f ,september #aidj ,to the ,reich ,minister of ,justice1 ,dr4 ,frank ,berlin ,dear ,reich ,minister1 ,the measures at present being taken with mental patients of all kinds have caused a complete lack of confidence in justice among large groups of the people4 ,without the consent of relatives or guardians1 such patients are being transferred to different institutions4 ,after a short time they are notified that the person concerned has died of some disease4 ,in view of the abundance of death notices people are convinced that these sick people are being done away with4 ,since from the institution under my direction altogether #aej of the patients entrusted to me are to be transferred to such an institution 7#ge on the #ajth and #ge on the #acth of ,september7 ,i take the privilege of asking3 ,is it possible for such a measure to be carried out without a pertinent law having been promulgated8 ,is it not the duty of every citizen to resist under all circumstances an act not justified by law1 even forbidden by law1 even if such acts are carried out by state agencies8 ,on account of the complete secrecy and camouflage under which the measures are carried out1 not only are the wildest rumors circulating among the people 7for example1 that people unable to work on account of age or injuries received during the ,world ,war have also been done away with or are to be done away with71 but it seems as if the selection of the persons concerned is performed in a wholly arbitrary manner4 ,if the state really wants to carry out the extermination of these or at least of some mental patients1 shouldn't a law be promulgated1 which can be justified before the people--a law which would give everyone the assurance of careful examination as to whether he is due to die or entitled to live and which would also give the relatives a chance to be heard1 in a similar way1 as provided by the law for the ,prevention of ,hereditarily ,affected ,progeny8 ,with regard to the patients entrusted to the care of our institutions in the future1 ,i urgently pray that everything possible be done to suspend the execution of this measure until a clear legal situation has been established4 ,heil ,hitler6 ,signed ,,schlaich ,i have forwarded a copy of this letter by the same mail to the chief of the ,reich ,chancellery1 ,reichsminister ,dr4 ,lammers4 ,,translation ,,of ,,document ,,no-#ffj ,,prosecution ,,exhibit #cgg ,,note ,,by ,,sellmer1 #f ,,december #aidj1 ,,describing ,,the ,,method ,,of ,,selection ,,for ,,euthanasia ,subject3 ,mental ,institutions ,the following is for your personal information4 ,please destroy this sheet afterwards4 ,for some time the inmates of mental institutions have been visited by a commission which functions on orders from some very high office4 ,the commission's task is to find out which inmates should be selected for transport to certain other institutions4 ,the commission bases its decision on the records of the institution4 ,the patients who are then transferred are examined again in the institution designated by the commission and then the decision is made whether they should be released from their sufferings4 ,the body itself is cremated and the ashes are placed at the disposal of the relatives4 ,small mistakes in notifying are naturally always liable to occur1 and in the future it will not be possible to avoid them4 ,the commission itself is anxious to avoid all mistakes4 ,i could give you further information but ,i would like to abstain from it and beg you to look me up when you visit the ,gauleitung4 ,i believe that we ,national ,socialists can welcome this action which is extraordinarily serious for the affected individual4 ,i beg you1 therefore1 to oppose all rumors and grumblings with the necessary emphasis by representing our point of view in regard to these matters4 ,nuernberg1 #f ,december #aidj ,heil ,hitler6 ,signed ,,sellmer ,gaustabsamtsleiter ,stamp ,national ,socialist ,german ,labor ,party ,gau ,franconia ,,translation ,,of ,,document ,,no-#jah ,,prosecution ,,exhibit #djd ,,letter ,,from ,,himmler ,,to ,,brack1 #ai ,,december #aidj1 ,,requesting ,,that ,,euthanasia ,,station ,,grafeneck ,,be ,,discontinued ,,and ,,that ,,motion ,,pictures ,,be ,,shown ,,to ,,dispel ,,rumors ,top ,secret #ai ,december #aidj ,,ss ,standartenfuehrer ,viktor ,brack ,staff ,leader at ,reichsleiter ,bouhler's ,office ,berlin ,w #h ,dear ,brack1 ,i hear there is great excitement on the ,alb because of the ,grafeneck ,institution4 ,the population recognizes the gray automobile of the ,,ss and think they know what is going on at the constantly smoking crematory4 ,what happens there is a secret and yet is no longer one4 ,thus the worst feeling has arisen there1 and in my opinion there remains only one thing1 to discontinue the use of the institution in this place and in any event disseminate information in a clever and sensible manner by showing motion pictures on the subject of inherited and mental diseases in just that locality4 ,may ,i ask for a report as to how the difficult problem is solved8 ,heil ,hitler6 ,initialled ,h,,einrich ,h,,immler ,,translation ,,of ,,document ,,no-#hdb ,,prosecution ,,exhibit #dje ,,letter ,,from ,,brack ,,to ,,dr4 ,,schlegelberger#aab1 #ah ,,april #aida1 ,,forwarding ,,forms ,,for ,,euthanasia ,,and ,,suggesting ,,that ,,death ,,notifications ,,should ,,not ,,follow ,a ,,stereotyped ,,form ,viktor ,brack ,oberdienstleiter ,berlin1 #ah ,april #aida ,stamp #ba ,penciled #bf ,april #aida ,dept3 ,illegible ,handwritten ,gg4 ,strictly ,confidential ,my dear ,party comrade ,dr4 ,schlegelberger1 ,handwritten ,top ,secret ,according to agreement ,i send you herewith a folder with forms needed for your ascertainment and partial medical preparation2 also another folder with forms for further clerical elaboration resulting from the death of the patient4#aac ,the records are secret1 however1 and ,i would appreciate if you would keep them under lock and key4 ,some more things are1 of course1 necessary for proper recording and administrative routine1 but ,i do not believe that they are of any interest to you4 ,thereto belong1 for instance1 the death notifications to the relatives of the patient4 ,these are to be kept somehow different according to the district and kind of relatives2 they must be altered frequently to avoid stereotype texts and therefore a sample letter would only irritate4 ,i would like to call your attention especially to the card files ,nos4 #ac and #ad4 ,on their reverse sides you will find a list of authorities to be informed4 ,when again reviewing the files which you put at my disposal1 ,i found some details which ought to be clarified and settled2 ,i would be grateful to you for doing so4 ,therefore1 ,i shall forward them to you separately on ,monday or ,tuesday next week4 ,heil ,hitler6 ,respectfully yours ,signed ,,brack ,,partial ,,translation ,,of ,,document ,,no-#aeh ,,prosecution ,,exhibit #daj ,,letter ,,from ,,hirche1 ,,administrator ,,of ,,the ,,mental ,,institution ,,bernburg1 ,,to ,,camp ,,commandant ,,of ,,the ,,gross-,,rosen ,,concentration ,,camp1 #ai ,,march #aidb1 ,,with ,,list ,,of ,,inmates ,,transferred ,,from ,,the ,,concentration ,,camp ,,to ,,bernburg ,mental ,institution1 ,bernburg ,bernburg1 #ai ,march #aidb ,reference3 ,b e4 v,h4 ,box #bff ,consultation only by appointment ,to ,stamp ,camp ,commandant ,concentration ,camp ,gross-,rosen ,concentration ,camp ,administration ,gross-,rosen ,received3 #bc ,march #aidb ,initials ,illegible ,registered ,subject3 ,transport of #ai ,march #aidb ,enclosed you will find a list of the camp inmates who arrived here on #ai ,march #aidb from your concentration camp4 ,heil ,hitler6 ,signed ,,hirche #a ,enclosure 99 99 99 99 99 ,list of the camp inmates transferred on #ai ,march #aidb from the ,gross-,rosen concentration camp to ,bernburg #aci_/,k#a4 #ai-c-aidb ,bernburg 7,gross-,rosen7 ,signed ,signed ,signed ,signed #aidb #bfgdf #ajdbc ,,bier1 ,rudolf ,koeln #b4aa4aija divorced #ai4c4 #bfgdg #ajdbd ,,beckers1 ,herm ,hamburg #ah4i4aibc single #ai4c4 #bfgdh #ajddd ,,bajgelmann1 ,isaak ,czenstochau #d4h4aiji single #ai4c4 #bfgdi #ajdab ,,cohen1 ,arthur ,isr ,dellwig-,westf4 #ae4h4aijh single #ai4c4 #bfgej #ajdfh ,,eckhaus1 ,herm ,berlin ,c #b1 #a4ab4aibb single #ai4c4 #bfgea #ajcie ,,edel1 ,gerh4 ,isr ,nakel1 #cj4e4aiad single #ai4c4 #bfgeb #ajddj ,,eisner1 ,otto ,bochtitz #bf4d4aiaj4 divorced #ai4c4 #bfgec #ajdci ,,fleischner1 ,rich ,kolin_/,elbe #bj4ab4aijb married #ai4c4 #bfged #ajdch ,,fried1 ,hans1 ,isr ,budweis #h4c4aiai single #ai4c4 #bfgee #ajdej ,,haase1 ,siegfried ,schoenlanke #c4h4aibj single #ai4c4 #bfgef #ajdcf ,,hauser1 ,max ,kastel #ae4ab4aijh single #ai4c4 #bfgeg #ajcid ,,hecht1 ,jacob1 ,isr ,hamburg-,altona #ah4aj4ahif single #ai4c4 #bfgeh #ajdaj ,,lubnicki1 ,jacob ,wuppertal_/,elberf4 #bh4f4aiah single #ai4c4 #bfgei #ajdji ,,markuse1 ,esriel ,warschau #ad4c4ahig widower #ai4c4 #bfgfj #ajdgj ,,nachmann1 ,erich ,ulm_/,d4 #f4aj4aijg married #ai4c4 #bfgfa #ajdjf ,,pollak1 ,heinr ,lemberg #cj4i4aijd married #ai4c4 #bfgfb #ajeag ,,pufe1 ,otto ,osternburg #af4c4aiag single #ai4c4 #bfgfc #ajdba ,,rosenbaum1 ,otto ,isr ,muehlheim_/,ruhr #b4f4ahid married #ai4c4 #bfgfd #ajdhf ,,robalewski1 ,leo ,kl4 ,tarpen #ae4ab4aiae single #ai4c4 #bfgfe #ajeie ,,rose1 ,reinhold ,cochelna #d4e4aijg single #ai4c4 #bfgff #ajegi ,,rekel1 ,josef ,tarnow #aj4a4aiji single #ai4c4 #bfgfg #ajdje ,,roubicek1 ,karl ,horovice_/,boehmen #af4f4aijf single #ai4c4 #bfgfh #ajegg ,,rwaski1 ,wladislaus ,kszywystock #ai4f4aiai single #ai4c4 #bfgfi #ajeji ,,rost1 ,hans ,willi ,apolda_/,weimar #ae4g4aibj single #ai4c4 #bfggj #ajfjf ,,schuensmann1 ,wilh ,wittenberge #bc4h4ahib widower #ai4c4 #bfgga #ajegf ,,skratak1 ,viktor ,stazow #e4c4aiji married #ai4c4 #bfggb #ajege ,,smigielski1 ,stanislaus ,coloneg #be4aj4aiah single #ai4c4 #bfggc #ajdbe ,,sommer1 ,arthur ,isr4 ,frankfurt_/,m4 #d4ab4aijj single #ai4c4 #bfggd #ajegh ,,sikorski1 ,stanislaw ,lublin #bg4a4aib single #ai4c4 #bfgge #ajdhh ,,sommer1 ,wenzel ,litzmannstadt #g4h4aijg married #ai4c4 #bfggf #ajdjd ,,seitmann1 ,simon ,warschau #ag4ab4ahif widower #ai4c4 #bfggg #ajeid ,,sarbach1 ,heinz ,erfurt #bh4d4aiba single #ai4c4 #bfggh #ajdhc ,,schroff1 ,karl ,reilingen_/ ,baden #aa4f4aiaj single #ai4c4 #bfggi #ajdhd ,,schilling1 ,aug ,rake_/,wohlau #i4c4ahif single #ai4c4 #bfghj #ajeaf ,,schueler1 ,manfred ,sonneberg_/ ,thuer4 ,richard #ag4i4ba single #ai4c4 #bfgha #ajdhg ,,schmidt1 ,johann ,nuernberg #h4d4aijj divorced #ai4c4 #bfghb #ajdbf ,,schindler1 ,ernst ,isr4 ,sandhofen_/,mannh4 #g4f4aijf single #ai4c4 #bfghc #ajdbg ,,spira1 ,alfred ,wien1 #bj4aa4aijh single #ai4c4 #bfghd #ajded ,,stern1 ,zudik ,rozniatow #bh4i4aijh married #ai4c4 #bfghe #ajdhe ,,stuka1 ,wladimir ,maehr4 ,sternberg #h4b4aijg married #ai4c4 #bfghf #ajdec ,,weinberger1 ,erich1 ,isr4 ,wien #af4f4aiaf single #ai4c4 #bfghg #ajdeb ,,weisz1 ,ignaz ,munkatesh_/,ungarn #cj4f4aiad single #ai4c4 #bfghh #ajejc ,,wallzak1 ,theophil ,hohensalza #ai4d4aijg single #ai4c4 #bfghi #ajeab ,,welser1 ,karl ,pilgram_/,prot4 #aj4aa4aiah single #ai4c4 #bfgij #ajeje ,,walczyk1 ,josef ,bokow #bd4b4aijh married #ai4c4 #bfgia #ajdfa ,,wutkowski1 ,willi ,max ,graudenz #af4d4aijb divorced #ai4c4 #begib #ajejf ,,wozniczka1 ,ignac ,kadziak #h4g4aiaf single #ai4c4 #bfgic #ajejd ,,wasolowski1 ,marian ,markstaedt #bi4aa4aiji single #ai4c4 #bfgid #ajejg ,,wendolowski1 ,josef ,warschau #g4a4aiab single #ai4c4 #bfgie #ajfjd ,,wolf1 ,karl ,ged #aj4e4aijc single #ai4c4 #bfgif #ajeie ,,zbytniewski1 ,zymunt ,czekarzowice #a4a4aije single #ai4c4 #bfgig #ajeib ,,zbytniewski1 ,zdzislaw ,czekarzowice #b4c4aiaj married #ai4c4 #bfgih #ajejb ,,zuchowski1 ,felike ,lietzendorf_/,w4 #b4h4ah4 married #ai4c4 #bfgii #ajefe ,,zimmermann1 ,willi ,dortmund #aj4b4aiag single #ai4c4 #bfhjj #ajeba ,,zdybik1 ,wladislaus ,borownica #e4d4aiae single #ai4c4 #bfhja #ajdhj ,,zielke1 ,karl ,butow #d4b4aijd married #ai4c4 #bfhjb #ajdbb ,,birnberg1 ,markus ,kolomea #e4aj4jc divorced #ai4c4 ,,partial ,,translation ,,of ,,document ,,no-#ijg ,,prosecution ,,exhibit #dab ,,extract ,,from ,,letter ,,from ,,dr4 ,,fritz ,,mennecke ,,to ,,his ,,wife1 #be ,,november #aida1 ,,concerning ,,his ,,activities ,,as ,,physician ,,selecting ,,inmates ,,of ,,concentration ,,camp ,,buchenwald ,,for ,,euthanasia ,letter ,no4 #h ,weimar1 #be ,november #aida1 ,hotel ,elephant #bjeh hours ,at #g o'clock tomorrow morning we will be awakened4 ,at about #h o'clock we will have our coffee and then we will drive out in ,schmalenbach's car1 but he himself will soon leave for ,dresden again4 ,on ,thursday and ,friday a meeting will be held in ,pirna in connection with the action in which problems of the future will be discussed and in which ,schmalenbach will take part as the medical adjutant of ,herr ,brack 7,jennerwein74 ,no experts will be present 99 99 994 ,the first working day at ,buchenwald is over4 ,at #h3cj this morning we were out there4 ,at first ,i introduced myself to the authoritative leaders4 ,the deputy of the camp commandant is ,,ss ,hauptsturmfuehrer ,florstaedt2 camp physician is ,,ss ,obersturmfuehrer ,dr4 ,hoven4 ,at first another #dj reports of a first portion of ,aryans had to be completed4 ,the two other colleagues worked on these yesterday already4 ,out of these #dj ,i worked up about #ae4 ,after this whole portion had been worked up1 ,schmalenbach left for ,dresden4 ,he will not return until our work here is done4 ,following this1 the 8examination0 of the patients was carried out1 i4 e41 a presentation of the individuals and a comparison with the entries taken from the files4 ,we did not finish this work until noon1 because the other two colleagues worked only in theory yesterday1 so that ,i had to 8re-examine0 those whom ,schmalenbach 7and ,i myself this morning7 had prepared and ,mueller did his people4 ,at #ab o'clock we stopped for lunch 99 99 994 ,afterwards we continued our examination until about #d o'clock4 ,i myself examined #aje patients1 ,mueller #gh patients1 so that finally a total of #ahc reports were ready as a first group4 ,as a second group a total of #a1bjj ,jews followed1 all of whom do not need to be 8examined01 but where it is sufficient to take the reasons for their arrest from the files 7often very voluminous67 and to transfer them to the reports4 ,therefore1 it is merely theoretical work which will certainly keep us busy until next ,monday inclusive1 perhaps even longer4 ,of this second group 7,jews71 we completed today4 ,i myself did #ag1 and ,mueller #ae4 ,at #e o'clock sharp1 8we threw away the trowel0 and went for supper 99 99 994 ,exactly as the day ,i described above1 the following days will pass--with exactly the same program and the same work4 ,after the ,jews1 another #cjj ,aryans follow as a third group who will again have to be 8examined04 ,therefore1 we are busy here until the end of next week4 ,then on ,saturday1 #f ,december1 we shall go home4 99 99 99 99 99 ,,translation ,,of ,,document ,,no-#ajjg ,,prosecution ,,exhibit #dac ,,circular ,,from ,,gluecks ,,to ,,concentration ,,camp ,,commandants1 #bg ,,april #aidc1 ,,stating ,,that ,,in ,,the ,,future ,,only ,,insane ,,prisoners ,,should ,,be ,,used ,,for ,,action 8#ad ,f #ac0 7,,euthanasia7 ,,ss ,economic and ,administrative ,main ,office ,division ,chief ,d ,concentration ,camps ,d ,i_/#a_/;,file ,no43 #ad f #ac_/,l_/,s4-- ,secret ,journal ,no4 #fab_/dc ,oranienburg1 #bg ,april #aidc4 ,subject3 ,action #ad f #ac in ,concentration ,camps4 ,re3 ,our ,order--,d ,i_/#a_/;,file ,no4 #ad f #ac_/,ot_/,s4--,secret ,diary ,no4 #cb_/dc of #ae ,january '#dc4 ,enclosures3 ,none4 ,stamp ,top ,secret ----th copy ,to the ,camp ,commanders of the ,concentration ,camps ,dachau1 ,sachsenhausen1 ,buchenwald1 ,mauthausen1 ,flossenbuerg1 ,neuengamme1 ,auschwitz1 ,gross-,rosen1 ,natzweiler1 ,stutthof1 ,ravensbrueck1 ,riga1 ,hertogenbosch1 ,lublin1 and ,bergen-,belsen4 ,copy to3 ,chief of ,amt ,,dii1 ,,iii in the building4 ,the ,reich ,leader ,,ss and ,chief of the ,german ,police has decreed that in future only insane prisoners can be selected for the ,action #ad f #ac by the medical commissions appointed for this purpose4 ,all other prisoners unfit for work 7persons suffering from tuberculosis1 bedridden invalids1 etc47 are definitely to be excluded from this action4 ,bedridden prisoners are to be given suitable work which can be performed in bed4 ,the order of the ,reich ,leader ,,ss must be strictly observed in the future4 ,requests for gasoline for this purpose will therefore be discontinued4 ,signed ,,gluecks ,,ss ,brigadefuehrer and ,generalmajor of the ,waffen ,,ss ,,translation ,,of ,,document ,,no-#hia ,,prosecution ,,exhibit #dad ,,directive ,,of ,,the ,,reich ,,minister ,,of ,,the ,,interior1 #f ,,september #aidd1 ,,ordering ,,euthanasia ,,extended ,,to ,,insane ,,eastern ,,workers ,reich ,minister of the ,interior ,berlin1 #f ,september #aidd g #ibee_/dd ,to3 a4 ,the ,reich ,governor ,reichsstatthalter 7,state government7 b4 ,the ,oberpraesidenten 7administration of the provincial association7 c4 ,the ,county ,presidents d4 ,the ,police ,president in ,berlin e4 ,the ,lord ,mayor ,oberbuergermeister of the ,reich capital ,berlin4 ,re3 ,mentally insane ,eastern workers and ,poles--,circular decrees of the ,reich ,minister of the ,interior of--,a g #ibee_/dd-eajj--4 #a4 ,due to the considerable number of ,eastern workers and ,poles brought into the ,german ,reich for employment1 the assignment of mental cases among them to ,german asylums is constantly increasing4 ,the purpose of such assignments must be in any case the speediest possible recovery to working ability4 ,thus every means of modern therapy must also be applied to those mentally insane people4 ,but due to lack of space in ,german institutions there can be no justification for patients who are considered incurable and1 therefore1 unable to work again in a reasonably short time to remain permanently or for a long time in ,german institutions4 ,in order to avoid this1 the following is ordered3 #b4 ,in the following list ,i have established for each district in the ,reich a collective list for incurable mentally insane ,eastern workers and ,poles4 ,they should be assigned to those institutions immediately if possible4 ,if this is impossible due to urgency or to transportation difficulties1 the institution in question should deliver their ,eastern or ,polish patients to the collecting institution in their respective district within one month at the most4 ,it is not necessary to carry out the removal if the patient is considered able to leave the institution within #f weeks at the latest4 #c4 ,it is the task of the collecting institution to decide whether the restoration of working ability might be considered within a reasonable period of time4 #d4 ,the expenses from the date of registration in the collecting institution are to be taken over by the head of the ,central ,financial ,clearing ,office of the sanatorium in ,linz_/,upper ,danube1 ,p4 ,o4 ,box #cbd1 which has to be informed immediately of such assignments4 ,the fixed rate for patients of the general class will be paid to the institutions4 ,the ,eastern workers and ,poles already assembled in collecting institutions are to be reported on a list immediately to the ,central ,financial ,clearing ,office4 ,the expenses for those patient are transferred as from #a ,october #aidd to the ,central ,accounts ,office4 #e4 ,after #d weeks1 at the latest1 of the registration in the collecting institution a short report on the prognosis of the case and on the question of working ability has to be sent to the head of the ,central ,financial ,clearing ,office4 ,it is the task of that office to direct the transportation of patients from the collecting institutions to nearby special asylums in their home district4 #f4 ,only those people are to be considered as ,poles who were brought into the ,reich for employment4 ,this decree does not apply to the local ,polish population4 #g4 ,the leaders of mental institutions in the districts1 etc41 are to be informed by their superior officials1 and the leaders of welfare and private institutions by their competent higher administrative authorities4 ,the required copies are enclosed herewith4 ,list of the collecting institutions #a4 ,for ,east ,prussia1 ,danzig1 and ,west ,prussia and ,wartheland3 ,mental ,institution ,tiegenhof4 #b4 ,for ,upper and ,lower ,silesia and the ,sudetengau3 ,mental ,institution ,lueben4 #c4 ,for ,pomerania1 ,mecklenburg1 ,kurmark1 and ,berlin3 ,mental ,institution ,landsberg-,warthe4 #d4 ,for ,schleswig-,holstein and ,hamburg3 ,mental ,institution ,schleswig4 #e4 ,for ,bremen1 ,weser-,ems1 ,hanover-,east1 ,hanover-,south1 and ,brunswick3 ,mental ,institution ,lueneburg4 #f4 ,for the ,rhine province1 ,westphalia1 and ,lippe3 ,mental ,institution ,bonn4 #g4 ,for ,baden1 ,westmark1 ,wuerttemberg1 and ,hohenzollern3 ,mental ,institution ,schussenried4 #h4 ,for ,bavaria3 ,mental ,institution ,kaufbeuren4 #i4 ,for ,kurhesse1 ,nassau1 and ,land ,hesse3 ,mental ,institution ,hadamar4 #aj4 ,for ,thuringia-,land and ,province ,saxony1 ,anhalt3 ,mental ,institution ,pfaffenrode4 #aa4 ,for the ,alps ,alpen and ,danube districts3 ,mental ,institution ,mauer-,oehling4 ,,by ,,order3 ,wiesbaden1 #aa ,september #aidd ,landeshaus #aa;a ,one copy to the ,county ,mental ,institution1 ,eichberg4 ,with the request to acknowledge and to take further steps4 ,,by ,,order3 ,,landesrat ,,partial ,,translation ,,of ,,document #aeec-,,ps ,,prosecution ,,exhibit #dbh ,,extract ,,from ,,the ,,field ,,interrogation ,,of ,,kurt ,,gerstein1 #bf ,,april #aide1 ,,describing ,,the ,,mass ,,gassing ,,of ,,jews ,,and ,,other 8,,undesirables0 ,deposition of ,kurt ,gerstein 99 99 99 99 99 ,hearing of the massacres of idiots and insane people at ,grafeneck1 ,hadamar1 etc41 shocked and greatly affected me1 having such a case in my family4 ,i had but one desire--to gain an insight into this whole machinery and then to shout it to the whole world6 ,with the help of two references written by the two ,gestapo employees who had dealt with my case1 it was not difficult for me to enter the ,waffen ,,ss4 ,from ,march #aj to ,june #b1 #aida1 ,i was given elementary instruction as a soldier at ,hamburg-,langehorn1 ,arnhem1 and ,oranienburg1 together with #dj doctors4 ,because of my twin studies--technology and medicine--,i was ordered to enter the medical-technology branch of the ,,ss ,fuehrungshauptamt 7,,ss ,operational ,main ,office7--,medical ,branch of the ,waffen ,,ss--,amtsgruppe ,d 7,division ,d71 ,hygiene ,department4 ,within this branch1 ,i chose for myself the job of immediately constructing disinfecting apparatus and filters for drinking water for the troops1 the prison camps1 and the concentration camps4 ,my close knowledge of the industry caused me to succeed quickly where my predecessors had failed4 ,thus1 it was possible to decrease considerably the death toll of prisoners4 ,on account of my successes1 ,i very soon became lieutenant4 ,in ,december #aida the tribunal which had decreed my exclusion from the ,,nsdap obtained knowledge of my having entered the ,waffen ,,ss4 ,considerable efforts were made to remove and to persecute me but1 due to my successes1 ,i was declared sincere and indispensable4 ,in ,january #aidb ,i was appointed chief of the technical branch of disinfection1 which also included the branch dealing with strong poison gases for disinfection4 ,on #h ,june #aidb ,,ss ,sturmbannfuehrer ,guenther of the ,,rsha entered my office4 ,he was in plain clothes and ,i did not know him4 ,he ordered me to get a hundred kilograms of prussic acid and to accompany him to a place which was only known to the driver of the truck4 ,we left for the potassium factory near ,collin 7,prague74 ,once the truck was loaded1 we left for ,lublin 7,poland74 ,we took with us ,professor ,pfannenstiel1 ,professor for ,hygiene at the ,university of ,marburg on the ,lahn4 ,at ,lublin1 we were received by ,,ss ,gruppenfuehrer ,globocnik4 ,he told us1 8,this is one of the most secret matters there are1 even the most secret4 ,whoever talks of this shall be shot immediately4 ,yesterday1 two talkative men died40 ,then he explained to us that at the present moment--#ag ,august #aidb--there were three installations3 #a4 ,belcec1 on the ,lublin-,lvov road1 in the sector of the ,russian demarcation line4 ,maximum #ae1jjj persons a day4 ,seen6 #b4 ,sobiber1 ,i do not know exactly where it is located4 ,not seen4 #bj1jjj persons per day4 #c4 ,treblinka1 #abj kilometers ,,nne of ,warsaw4 #be1jjj persons per day4 ,seen6 #d4 ,maidanek1 near ,lublin4 ,seen--in the state of preparation4 ,globocnik then said3 8,you will have to handle the sterilization of very large quantities of clothes1 #aj or #bj times the amount of the clothing and textile collection1 which is only arranged in order to conceal the source of these ,jewish1 ,polish1 ,czech1 and other clothes4 ,your other duties will be to change the method of our gas chambers 7which are run at the present time with the exhaust gases of an old ,diesel engine71 using more poisonous material1 having a quicker effect3 prussic acid4 ,but the ,fuehrer and ,himmler1 who were here on ,august #ae1 the day before yesterday1 ordered that ,i personally should accompany all those who are to see the installations40 ,then ,professor ,pfannenstiel asked3 8,what does the ,fuehrer say80 ,then ,globocnik1 now ,chief of ,police and ,,ss1 from the ,adriatic ,riviera to ,trieste1 answered3 8,quicker1 quicker6 ,carry out the whole program60 ,and then ,dr4 ,herbert ,linden1 ,ministerialdirektor in the ,ministry of the ,interior said3 8,but would it not be better to burn the bodies instead of burying them8 ,a future generation might think differently of these matters60 99 99 99 ,globocnik replied3 8,but1 gentlemen1 if after us such a cowardly and rotten generation should arise that it does not understand our work which is so good and so necessary1 then1 gentlemen1 all ,national ,socialism will have been for nothing4 ,on the contrary1 bronze plaques should be put up with the inscription that it was we1 we who had the courage to achieve this gigantic task4 ,and ,hitler said3 #8,yes1 my good ,globocnik1 that is the word1 that is my opinion1 too4'0 ,the next day we left for ,belcec1 a small special station of two platforms against a hill of yellow sand1 immediately to the north of the ,lublin-,lvov road and railway4 ,to the south1 near the road were some service houses with a signboard3 8,belcec1 ,service ,center of the ,waffen ,,ss40 ,globocnik introduced me to ,,ss ,hauptsturmfuehrer ,obermeyer from ,pirmasens1 who with great restraint showed me the installations4 ,no dead were to be seen that day but the smell of the whole region1 even from the main road1 was pestilential4 ,next to the small station there was a large barrack marked 8,cloakroom10 and a door marked 8,valuables40 ,next to that1 a chamber with a hundred 8barber's0 chairs4 ,then came a corridor1 #aej meters long1 in the open air and with barbed wire on both sides4 ,there was a signboard3 8,to the baths and inhalations06 ,before us we saw a house1 like a bathhouse1 with concrete troughs to the right and left containing geraniums or other flowers4 ,after climbing a small staircase1 we came to #c garage-like rooms on each side1 #d #e meters in size and #a4ij meters high4 ,at the back were invisible wooden doors4 ,on the roof was a ,star of ,david made out of copper4 ,at the entrance to the building was the inscription1 8,heckenholt ,foundation40 ,that was all ,i noticed on that particular afternoon4 ,next morning1 a few minutes before #g1 ,i was informed that in #aj minutes the first train would arrive4 ,and indeed1 a few minutes later the first train came in from ,lemberg ,lvov2 #de cars1 containing #f1gjj persons1 #a1dej of whom were already dead on arrival4 ,behind the little barbed-wire openings were children1 yellow1 half scared to death1 women1 and men4 ,the train stopped2 #bjj ,ukrainians1 forced to do this work1 opened the doors and drove all the people out of the coaches with leather whips4 ,then1 through a huge loud-speaker1 instructions were given to them to undress completely and to hand over false teeth and glasses--some in the barracks1 others right in the open air4 ,shoes were to be tied together with a little piece of string handed to everyone by a small ,jewish boy of #d years of age2 all valuables and money were to be handed in at the window marked 8,valuables01 without receipt4 ,then the women and girls were to go to the hairdresser who cut off their hair in one or two strokes1 after which it vanished into huge potato bags 8to be used for special submarine equipment1 door mats1 etc401 as the ,,ss ,unterscharfuehrer on duty told me4 ,then the march began4 ,to the right and left1 barbed wire2 behind1 two dozen ,ukrainians with guns4 ,led by a young girl of striking beauty they approached4 ,with ,police ,captain ,wirth1 ,i stood right in front of the death chambers4 ,completely naked1 they marched by1 men1 women1 girls1 children1 babies1 even one-legged persons1 all of them naked4 ,in one corner1 a strong ,,ss man told the poor devils in a strong deep voice3 8,nothing whatever will happen to you4 ,all you have to do is to breathe deeply2 it strengthens the lungs4 ,this inhalation is a necessary measure against contagious diseases2 it is a very good disinfectant60 ,asked what was to become of them1 he answered3 8,well1 of course the men will have to work1 building streets and houses4 ,but the women do not have to4 ,if they wish they can help in the house or the kitchen40 ,once more1 a little bit of hope for some of these poor people1 enough to make them march on without resistance to the death chambers4 ,most of them1 though1 knew everything1 the smell had given them a clear indication of their fate4 ,and then they walked up the little staircase--and behold the picture3 ,mothers with babies at their breasts1 naked1 lots of children of all ages1 naked too2 they hesitate1 but they enter the gas chambers1 most of them1 without a word1 pushed by the others behind them1 chased by the whips of the ,,ss men4 ,a ,jewess of about #dj years of age1 with eyes like torches1 calls down the blood of her children on the heads of their murderers4 ,five lashes in her face1 dealt by the whip of ,police ,captain ,wirth himself1 drive her into the gas chamber4 ,many of them say their prayers2 others ask1 8,who will give us the water for our death80 ,within the chambers1 the ,,ss press the people closely together2 ,captain ,wirth had ordered 8,fill them up full40 ,naked men stand on the feet of the others4 #gjj-hjj crushed together on #be square meters1 in #de cubic meters6 ,the doors are closed6 ,meanwhile the rest of the transport1 all naked1 waited4 ,somebody said to me3 8,naked1 in winter6 ,enough to kill them60 ,the answer was3 8,well1 that's just what they are here for60 ,and at that moment ,i understood why it was called the ,heckenholt ,foundation4 ,heckenholt was the man in charge of the ,diesel engine1 the exhaust gases of which were to kill these poor devils4 ,,ss ,unterscharfuehrer ,heckenholt tried to set the ,diesel engine going1 but it would not start6 ,captain ,wirth came along4 ,it was obvious that he was afraid because ,i was a witness of this breakdown4 ,yes1 indeed1 ,i saw everything and waited4 ,everything was registered by my stop watch4 #ej minutes--#gj minutes--the ,diesel engine did not start6 ,the people waited in their gas chambers--in vain4 ,one could hear them cry4 8,just as in a synagogue10 says ,,ss ,sturmbannfuehrer ,professor ,dr4 ,pfannenstiel1 ,professor for ,public ,health at the ,university of ,marburg_/,lahn1 holding his ear close to the wooden door6 ,captain ,wirth1 furious1 dealt the ,ukrainian who was helping ,heckenholt #aa or #ab lashes in the face with his whip4 ,after #b hours and #di minutes--as registered by my stop watch--the ,diesel engine started4 ,up to that moment the people in the four chambers already filled were still alive--#d times #gej persons in #d times #de cubic meters6 ,another #be minutes went by4 ,many of the people1 it is true1 were dead by that time4 ,one could see that through the little window as the electric lamp revealed for a moment the inside of the chamber4 ,after #bh minutes only a few were alive4 ,after #cb minutes all were dead6 ,from the other side1 ,jewish workers opened the wooden doors4 ,in return for their terrible job1 they had been promised their freedom and a small percentage of the valuables and the money found4 ,the dead were still standing like stone statues1 there having been no room for them to fall or bend over4 ,though dead1 the families could still be recognized1 their hands still clasped4 ,it was difficult to separate them in order to clear the chamber for the next load4 ,the bodies were thrown out blue1 wet with sweat and urine1 the legs covered with excrement and menstrual blood4 ,everywhere among the others were the bodies of babies and children4 ,but there is no time6--,two dozen workers were busy checking the mouths1 opening them with iron hooks--8,gold on the left1 no gold on the right60 ,others checked anus and genitals to look for money1 diamonds1 gold1 etc4 ,dentists with chisels tore out gold teeth1 bridges1 or caps4 ,in the center of everything was ,captain ,wirth4 ,he was on familiar ground here4 ,he handed me a large tin full of teeth and said3 8,estimate for yourself the weight of gold6 ,this is only from yesterday and the day before6 ,and you would not believe what we find here every day6 ,dollars1 diamonds1 gold6 ,but look for yourself60 ,then he led me to a jeweler who was in charge of all these valuables4 ,after that they took me to one of the managers of the big store1 ,kaufhaus des ,westens1 in ,berlin1 and to a little man whom they made play the violin4 ,both were chiefs of the ,jewish worker units4 8,he is a captain of the ,royal and ,imperial ,austrian ,army1 and has the ,german ,iron ,cross #ast ,class10 ,i was told by ,hauptsturmbannfuehrer ,obermeyer4 ,the bodies were then thrown into large ditches about #ajj #bj #ab meters located near the gas chambers4 ,after a few days the bodies would swell up and the whole contents of the ditch would rise #b-c meters high because of the gases which developed inside the bodies4 ,after a few more days the swelling would stop and the bodies would collapse4 ,the next day the ditches were filled again1 and covered with #aj centimeters of sand4 ,a little later1 ,i heard1 they constructed grills out of rails and burned the bodies on them with ,diesel oil and gasoline in order to make them disappear4 ,at ,belcec and ,treblinka nobody bothered to take anything approaching an exact count of the persons killed4 ,actually1 not only ,jews1 but many ,poles and ,czechs1 who1 in the opinion of the ,nazis1 were of bad stock1 were killed4 ,most of them died anonymously4 ,commissions of so-called doctors1 who were actually nothing but young ,,ss men in white coats1 rode in limousines through the towns and villages of ,poland and ,czechoslovakia to select the old1 tubercular1 and sick people and have them done away with shortly afterwards in the gas chambers4 ,they were the ,poles and ,czechs of category ,no4 ,,iii1 who did not deserve to live because they were unable to work4 ,police ,captain ,wirth asked me not to propose any other kind of gas chamber in ,berlin1 but to leave everything the way it was4 ,i lied--as ,i did in each case all the time--and said that the prussic acid had already deteriorated in shipping and had become very dangerous1 that ,i was therefore obliged to bury it4 ,this was done right away4 ,the next day1 ,captain ,wirth's car took us to ,treblinka1 about #ge miles ,,nne of ,warsaw4 ,the installations of this death center scarcely differed from those at ,belcec1 but they were even larger4 ,there were eight gas chambers and whole mountains of clothes and underwear about #ce-dj meters high4 ,then a banquet was given in our 8honor10 attended by all the employees of the institution4 ,the ,obersturmbannfuehrer1 ,professor ,pfannenstiel1 ,hygiene ,professor at the ,university of ,marburg_/,lahn1 made a speech3 8,your task is a great duty1 a duty useful and necessary40 ,to me alone he talked of this institution in terms of 8beauty of the task02 8humane cause02 and speaking to all of them he said3 8,looking at the bodies of these ,jews1 one understands the greatness of your good work60 99 99 99 99 99 ,,translation ,,of ,,document ,,no-#cfe ,,prosecution ,,exhibit #ejg ,,unsigned ,,draft ,,letter ,,from ,,dr4 ,,wetzel ,,to ,,rosenberg1 #be ,,october #aida1 ,,dealing ,,with ,,brack',s ,,collaboration ,,in ,,the ,,construction ,,of ,,gas ,,chambers ,,for ,,the ,,extermination ,,of ,,jews 8,draft0 penciled notation ,reich ,ministry for the ,occupied ,territories ,referent ,,agr4 ,dr4 ,wetzel ,berlin1 #be ,october #aida ,secret ,re3 ,solution of the ,jewish ,question4 ,to the ,reich ,commissioner for the ,east4 ,re3 ,your ,report of #d ,october #aida ,concerning ,solution of the ,jewish ,question4 ,referring to my letter of #ah ,october #aida1 you are informed that ,oberdienstleiter ,brack of the ,chancellery of the ,fuehrer has declared himself ready to collaborate in the manufacture of the necessary shelters as well as the gassing apparatus4 ,at the present time1 the apparatus in question are not on hand in the ,reich in sufficient number2 they will first have to be manufactured4 ,since in ,brack's opinion the manufacture of the apparatus in the ,reich will cause more difficulty than if manufactured on the spot1 ,brack deems it most expedient to send his people directly to ,riga1 especially his chemist ,dr4 ,kallmeyer1 who will have everything further done there4 ,oberdienstleiter ,brack points out that the process in question is not without danger1 so special protective measures are necessary4 ,under these circumstances1 ,i beg you to turn to ,oberdienstleiter ,brack1 in the ,chancellery of the ,fuehrer1 through your ,higher ,,ss and ,police ,leader1 and to request the dispatch of the chemist ,dr4 ,kallmeyer1 as well as of further aides4 ,i draw attention to the fact that ,sturmbannfuehrer ,eichmann1 the ,referent for ,jewish questions in the ,,rsha1 is in agreement with this process4 ,on information from ,sturmbannfuehrer ,eichmann1 camps for ,jews are to be set up in ,riga and ,minsk to which ,jews from the old ,reich territory may possibly be sent4 ,at the present time1 ,jews being deported from the old ,reich are to be sent to ,litzmannstadt ,lodz1 but also to other camps1 to be later used as labor in the ,east1 so far as they are able to work4 ,as affairs now stand1 there are no objections against doing away with those ,jews who are not able to work--with the ,brack remedy4 ,in this way occurrences would no longer be possible such as those which1 according to a report presently before me1 took place at the shooting of ,jews in ,vilna ,vilnyus and which1 considering that the shootings were public1 were hardly excusable4 ,those able to work1 on the other hand1 will be transported to the ,east for labor service4 ,it is self-understood that among the ,jews capable of work1 men and women are to be kept separate4 ,i beg you to advise me regarding your further steps4 8,n4 d4 ,h4 ,m40 ,lightly penciled notation1 meaning copy for the ,minister4 8,wet #be_/aj0 in ink ,,partial ,,translation ,,of ,,document ,,karl ,,brandt #ah ,,karl ,,brandt ,,defense ,,exhibit #ae ,,extracts ,,from ,,the ,,affidavit ,,of ,,dr4 ,,werner ,,kirchert1 #bi ,,january #aidg1 ,,stating ,,that ,,karl ,,brandt ,,was ,,not ,,involved ,,in ,,the ,,euthanasia ,,program 99 99 99 99 99 ,as a former medical officer of the ,waffen ,,ss1 ,i had in #aici a clinical assignment as medical assistant in the ,university ,clinic of the ,charit in ,berlin4 ,in ,september #aici ,reich ,physician ,,ss ,dr4 ,grawitz summoned me and asked me to make a list of the ,german lunatic asylums and the number of their inmates1 based on the data in the ,reich medical calendar4 ,the reason1 ,i was told1 was the fact that1 due to the evacuation of the ,west ,wall zone1 the inmates had to be transferred to other asylums4 ,after ,i had finished compiling the list and had handed it in1 ,grawitz sent me to ,dr4 ,hevelmann at the ,chancellery of the ,fuehrer4 ,there ,i learned that it was actually a matter of euthanasia of the insane1 and that the transfer was only a pretext4 ,it was pointed out to me that it was on direct orders from the ,fuehrer and that ,reichsleiter ,bouhler had been instructed to carry it out4 99 99 99 99 99 ,at first1 three institutions in different parts of ,germany were mentioned4 ,the insane people who were to come under the program were to be selected1 and ,heyde1 as chief expert1 reserved the final decision for himself4 ,everything was to be based on strictly medical views and only such persons were to be selected who in a psychiatric sense could be called 8siech0 7incurably ill74 99 99 99 99 99 ,during all the negotiations the names which were mentioned of the persons who took part were ,grawitz1 ,hevelmann1 ,heyde1 ,blankenburg1 ,brack1 and ,bouhler4 ,not a single word was said about ,dr4 ,karl ,brandt4 ,everything at that time was still in the early stages4 ,later the problem arose again1 when ,i was department head with ,reich ,health ,leader ,dr4 ,conti2 that was at the end of the summer of #aida when the ,fuehrer's order came that euthanasia should be stopped4 ,but here too the name of ,professor ,dr4 ,karl ,brandt was never mentioned4 99 99 99 99 99 ,,translation ,,of ,,karl ,,brandt ,,document #ai ,,karl ,,brandt ,,defense ,,exhibit #af ,,affidavit ,,of ,,alfred ,,rueggeberg1 #bc ,,january #aidg1 ,,concerning ,,radio ,,discussions ,,on ,,euthanasia ,i1 ,alfred ,rueggeberg1 factory owner in ,marienheide1 have been told by the certifying notary that ,i am liable to punishment if ,i make a false statement under oath4 ,i declare under oath that my statement is true and is being made to be presented as evidence to the ,military ,tribunal ,i1 at the ,palace of ,justice in ,nuernberg1 ,germany3 ,in summer #aide ,i listened to a ,,bbc broadcast from ,england1 which was an interview between the ,english radio commentator 7as far as ,i remember it was ,mr4 ,robert ,graham7 and ,pastor von ,bodelschwingh of ,bethel4 ,in the course of this interview ,pastor von ,bodelschwingh pointed out that a number of years ago the place now occupied by the radio commentator had been occupied by ,professor ,brandt and ,herr ,bouhler who1 under ,hitler's orders1 were discussing questions on euthanasia4 ,questioned by the commentator1 ,pastor von ,bodelschwingh said almost literally--in any case in effect--the following3 8,you must not picture ,professor ,brandt as a criminal1 but rather as an idealist40 ,this radio talk left me under the impression that ,pastor ,bodelschwingh did not agree with the nature of ,professor ,brandt's activities1 yet he had a favorable opinion of his human qualities4 ,gummersbach1 #bc ,january #aidg4 ,signed ,,alfred ,,rueggeberg ,,translation ,,of ,,karl ,,brandt ,,document #bc ,,karl ,,brandt ,,defense ,,exhibit #ai ,,affidavit ,,of ,,eduard ,,woermann1 #ah ,,january #aidg4 ,,concerning ,,discussions ,,of ,,karl ,,brandt ,,and ,,pastor ,,bodelschwingh ,,on ,,euthanasia ,the ,director of the ,institution ,bethel ,dpt4 ,bethel-office ,bethel1 near ,bielefeld1 #ah ,january #aidg ,,affidavit ,i1 the undersigned ,pastor ,eduard ,woermann in ,bethel near ,bielefeld1 have been informed that ,i am liable to punishment if ,i should give a false statement under oath4 ,i hereby affirm the following3 ,the director of the ,bodelschwingh institutions in ,bethel near ,bielefeld1 ,pastor ,d4 ,friedrich von ,bodelschwingh1 who died #d ,january #aidf1 had several discussions with ,professor ,dr4 ,karl ,brandt on the question of 8the extirpation of life not worth living01 in ,february #aida and during the following months4 ,pastor ,d4 ,bodelschwingh reported about this only very discreetly within a very close circle of coworkers1 to which ,i belonged4 ,he emphasized then that-- #a4 ,though they held fundamentally different views of these measures1 he had met a willingness on ,professor ,dr4 ,brandt's part to hear the objections4 #b4 ,professor ,dr4 ,brandt had talked about 8completely extinguished life01 while other exponents of these measures based them upon the formula 8incurable0 or 8hopeless04 #c4 ,professor ,dr4 ,brandt was aware of the fallibility of these measures1 and he was prompted to act1 not by brutality1 but by a certain idealism which was inherent in his conception of life4 ,i give my permission for this statement to be presented as evidence to the ,international ,military ,tribunal ,i in the ,palace of ,justice in ,nuernberg4 ,signed ,,eduard ,,woermann ,,translation ,,of ,,pokorny ,,document #ai ,,pokorny ,,defense ,,exhibit #bg ,,affidavit ,,of ,,dr4 ,,helmuth ,,weese1 #ai ,,march #aidg1 ,,concerning ,,use ,,of ,,caladium ,,seguinum ,,for ,,sterilization ,i1 the undersigned1 ,professor ,dr4 ,helmuth ,weese1 resident of ,wuppertal-,elberfeld1 have first been duly warned that ,i shall be subject to punishment if ,i give a false affidavit4 ,i declare under oath that my statement is true and was made to be introduced as evidence before the ,military ,tribunal ,i in the ,palace of ,justice of ,nuernberg1 ,germany4 ,when the question is put to me whether it is to be assumed that a doctor1 after studying the monograph by ,g4 ,madaus and ,fr4 ,e4 ,koch3 8,studies of ,animal ,experiments10 pertaining to the question of sterilization by medication 7by means of caladium seguinum 7dieffenbachia seguina771 ,journal for the ,entire ,experimental ,medicine1 vol4 #aji1 p4 #fh1 #aida1 could become convinced that human beings can be sterilized with caladium seguinum1 ,i have the following to say about it3 ,it is pointed out in the investigation referred to above that the authors succeeded in sterilizing rats by feeding them with extract of caladium seguinum4 ,this is proved by mating experiments as well as by anatomical investigations4 ,in order to effect this sterilization of both female and male rats1 daily doses of cc4 for each rat weighing from #aej-ahj grams had to be administered #cj-ej times and #dj-ij times daily1 respectively1 without being certain of successful results4 ,to apply this to a man weighing #gj kilograms1 it would mean administering #bjj grams of extract daily4 ,the investigations show abundantly that a considerable number of animals treated perished from the poisonous effects of the caladium extract4 ,the extract therefore has no specific effect on the reproductive system4 ,it is still completely unknown whether these harmful secondary effects are due to an element in the extract or some kind of accompanying ingredients4 ,such types of unspecific injuries of the reproductive system are known to be caused in man in a similar manner also by other agents1 for example1 by the excessive misuse of nicotine1 morphine1 and the like1 in which case1 however1 they too appear only along with most severe impairment of other functions4 ,first of all every doctor faces the question as to whether these experiments on rats are at all applicable to men4 ,madaus and ,koch reject this from the start1 because for them it is merely a question of determining whether the popular medical practice of making men impotent by administering sizable quantities of caladium extract can be corroborated by animal experiments4 ,the prerequisite for administering caladium extract to human beings in our countries would be the planting in ,central ,europe of caladium seguinum1 the habitat of which is in tropical ,south ,america4 ,this seems extremely improbable even to an only moderately experienced natural scientist4 ,even if the planting were successful1 this would not necessarily mean that it produces1 in our moderate zone1 the same effective agents in a sufficient quantity4 ,because of the unspecific effect of the caladium extract1 its virulently poisonous quality1 the doubt as to whether it can be planted and used in our moderate zone1 ,i consider it extremely improbable that even a doctor of only average education will attempt with conviction the experiment of sterilizing human beings with caladium extract on the basis of the work of ,madaus and ,koch4 ,convincing papers for the problem referred to other than the work of ,madaus and ,koch are not known to me4 ,wuppertal-,elberfeld #ai ,march #aidg ,signed ,,prof4 ,,dr4 ,,helmuth ,,weese ,,extracts ,,from ,,the ,,testimony ,,of ,,prosecution ,,witness ,,dr4 ,,mennecke#aad ,,direct ,,examination 99 99 99 99 99 ,,mr4 ,,mchaney3 ,doctor1 were all the concentration camp inmates selected actually insane8 ,,witness ,,mennecke3 ,no4 ,q4 ,will you explain your answer please8 ,a4 ,by insanity we mean a disease which shows characteristic interferences with mental activity4 ,i will not describe them but merely call them characteristics4 ,that is what we mean by insanity4 ,this condition was not prevalent in the majority of cases among inmates in the concentration camps4 ,q4 ,were any inmates selected only for the reason that they were unable to work8 ,a4 ,that is possible4 ,q4 ,were people selected who had diseases other than those of the mind1 such as tuberculosis8 ,a4 ,yes4 ,such people were also included4 99 99 99 99 99 ,,redirect ,,examination 99 99 99 99 99 ,,mr4 ,,mchaney3 ,the last question1 ,dr4 ,mennecke4 ,would you be willing to tell the ,tribunal how you now feel about your participation in the 8euthanasia0 program8 ,,witness ,,mennecke3 ,yes4 ,i am willing to say something on that subject4 ,i deeply regret the fact that ,i was drawn into this program in #aidj4 ,after the collapse1 when the total extent of the extermination of human beings became known to the public--and to me for the first time--,i was ashamed that ,i had ever had any part in this program 7even though in a subordinated position71 and ,i am still ashamed today4 ,that is what ,i have to say4 ,,mr4 ,,mchaney3 ,thank you1 ,dr4 ,mennecke4 ,i have no further questions4 ,,extracts ,,from ,,the ,,testimony ,,of ,,defendant ,,brack#aae ,,examination ,,judge ,,sebring3 ,witness1 when adult persons were selected for euthanasia and sent by the transport to euthanasia stations for that purpose1 by what methods were the mercy deaths given8 ,,defendant ,,brack3 ,the patients went to a euthanasia institution after the written formalities were concluded--,i need not repeat these formalities here1 they were physical examination1 comparison of the files1 etc4 ,then the patients were led to a gas chamber and were there killed by the doctors with carbon monoxide gas 7,,co74 ,q4 ,where was that carbon monoxide obtained1 by what process8 ,a4 ,it was in a compressed gas container1 like a steel oxygen container1 such as is used for welding--a hollow steel container4 ,q4 ,and these people were placed in this chamber in groups1 ,i suppose1 and then the monoxide was turned into the chambers8 ,a4 ,perhaps ,i had better describe this in some detail4 ,bouhler's basic requirement was that the killing should not only be painless1 but also imperceptible4 ,for this reason1 the photographing of the patients1 which was only done for scientific reasons1 took place before they entered the chamber1 and the patients were completely diverted thereby4 ,then they were led into the gas chamber which they were told was a shower room4 ,they were then in groups of perhaps #bj or #cj4 ,they were gassed by the doctor in charge4 ,q4 ,have you ever been present when a mercy death was accorded to these people by that process8 ,a4 ,yes4 ,i had to be present because ,bouhler wanted a report on whether things were being done according to his orders1 and in a dignified and not a brutal fashion4 ,q4 ,and you found from your inspection and witnessing these ceremonies that they were being done in accordance with ,bouhler's orders1 in a dignified and painless sort of way8 ,a4 ,yes4 ,but let me say ,i was already convinced that the method was painless4 ,and ,i also saw that by this method the patient did not realize that he was about to be killed4 ,there were benches and chairs in the chamber4 ,a few minutes after the gas was let in1 the patient became sleepy and tired and died after a few minutes4 ,they simply went to sleep without even knowing that they were going to sleep1 and that was one of the most essential requirements4 ,q4 ,when was the first time that you witnessed one of these procedures8 ,a4 ,the first time was on the occasion of an experiment with four such patients4 ,i think it must have been ,december #aici or ,january #aidj4 ,i know there was snow on the ground at the time4 ,that is why ,i remember these months4 ,bouhler1 ,conti1 and ,i don't know who else was there1 there were a few other doctors witnessing it for the first time4 ,on the basis of this experiment ,hitler decided that only carbon monoxide was to be used for killing the patients4 ,q4 ,well now1 before or after that time had you tried any other gases or any other means of administering euthanasia to these people8 ,a4 ,no1 we--and by this ,i mean ,bouhler's organization--never used any other gas or any other means4 ,q4 ,you found the carbon monoxide quite satisfactory1 so you never had to resort to any other means8 ,a4 ,yes4 ,you can put it that way4 ,q4 ,now1 where was it that these four people were accorded the privilege of a mercy death in ,december1 #aici or #aidj8 ,a4 ,that was in the first euthanasia station in ,brandenburg4 ,q4 ,and who were the subjects that were used for that experiment8 ,a4 ,they were four mentally incurable persons4 ,q4 ,do you know what institution they came from8 ,a4 ,no4 ,that ,i don't know4 ,q4 ,were they men or women8 ,a4 ,men4 ,q4 ,all men4 ,what were their ages1 were they young men1 middle-aged men1 or elderly men2 how would you classify them8 ,a4 ,i really don't remember that4 ,q4 ,what can you say in regard to their nationality2 do you know anything about that8 ,a4 ,they must have been ,germans1 they could not have been anything but ,germans1 because according to regulations only ,german mentally defective persons were used for euthanasia4 ,q4 ,and you say ,hitler was there8 ,a4 ,no4 ,hitler was not there1 ,bouhler was there4 ,q4 ,bouhler8 ,a4 ,bouhler was there1 ,conti was there1 and ,i believe ,brandt4 ,q4 ,karl ,brandt8 ,a4 ,yes1 ,karl ,brandt4 ,q4 ,do you remember any of the other defendants who were there8 ,a4 ,none of the defendants here was present except myself4 ,q4 ,well1 then you remember that you1 ,bouhler1 ,conti1 and ,karl ,brandt were there2 now do you remember any of the other gentlemen there at the time8 ,a4 ,yes4 ,i said there were some more doctors there1 but none of the defendants here4 ,q4 ,dr4 ,pfannmueller1 perhaps8 ,a4 ,no4 ,dr4 ,pfannmueller was certainly not there4 ,they must have been ,berlin doctors4 ,q4 ,when after ,december of #aici or ,january of #aidj was it that you again witnessed a euthanasia procedure8 ,a4 ,i should say that during #aidj in all the euthanasia institutions existing at that time ,i personally assured myself once or twice that the euthanasia was being correctly carried out4 ,but ,i think ,i recollect that the ,hadamar ,institute was only set up in #aida and in that year ,i did not witness euthanasia being carried out1 so that this would eliminate the ,hadamar ,institute4 ,q4 ,the ,institute at ,hadamar1 ,i think you said there were five other stations8 ,a4 ,yes4 ,there were six altogether4 ,q4 ,so that during the year #aidj1 you assured yourself that each of the five stations on perhaps one1 two or perhaps more visits that the procedure insisted upon by ,bouhler was being carried out in a humane manner1 in a painless manner by carbon monoxide8 ,a4 ,completely imperceptible4 ,q4 ,and now who were the people--let me put it this way--the first time at ,brandenburg there were four people1 all men8 ,a4 ,yes4 ,q4 ,now1 can you remember on your subsequent visits in #aidj to the other euthanasia stations who the people were1 men or women8 ,a4 ,both1 sometimes men and sometimes women4 ,q4 ,and what can you say in regard to their nationality8 ,a4 ,i can only say that they were only ,germans1 because ,i am perfectly convinced that ,bouhler's regulations1 which rested on an order from ,hitler1 namely that no foreigners were to be given euthanasia1 were observed strictly by all the euthanasia institutions4 ,q4 ,where were these stations located1 ,witness8 ,a4 ,i don't understand what you mean1 where they were8 ,q4 ,in what part of ,germany or in what part of ,poland1 or in what part of ,czechoslovakia1 in what part of the ,protectorate of ,bohemia-,moravia1 in what part of ,denmark1 in what part of ,holland1 in what part of ,france1 and in what part of ,europe were these stations located8 ,a4 ,now ,i understand you correctly4 ,the first one was in ,brandenburg on the ,havel in the neighborhood of ,berlin about #gj or #hj kilometers away4 ,the next was the ,grafeneck ,institute1 that was in ,wuerttemberg4 ,another institution was ,sonnenstein and that is near ,pirna near ,dresden4 ,there was the ,hartheim ,institute which was near ,linz on the ,danube in ,austria4 ,then there was the ,bernburg ,institute on the ,saale ,river near ,dessau4 ,the ,hadamar ,institute is in ,hesse4 ,q4 ,were any of these stations located in that portion of ,poland which was occupied by the ,germans in military occupation8 ,a4 ,no4 ,q4 ,and the six stations you have just named were all the stations known to you that existed2 there were just six8 ,a4 ,those were the only ones1 yes4 ,q4 ,witness1 can you approximate the population of ,germany as it existed in the year of #aici or the year of #aidj8 ,were there some fifty or sixty million people8 ,a4 ,no1 roughly eighty to eighty-five million4 ,q4 ,now by that1 when you say eighty to eighty-five million1 you include the entire ,german ,reich1 including ,austria1 the ,sudetenland1 and the occupied territory8 ,a4 ,austria and the ,sudetenland1 but not the occupied territory4 ,q4 ,and you estimate roughly there were eighty-five million people8 ,a4 ,yes4 ,q4 ,of that eighty-five million1 how many ,jews would you say were living in ,germany at the time who were ,german nationals8 ,a4 ,maybe two or three million4 ,q4 ,you are talking now about the ,greater ,german ,reich1 including ,austria and the ,sudetenland8 ,a4 ,yes4 ,q4 ,you estimate there were between two or three million who were ,german nationals8 ,a4 ,roughly1 yes4 ,q4 ,now with two or three million ,german ,jews amalgamated into the ,german population of eighty-five million people who were ,german nationals1 explain1 if you will1 to the ,tribunal why it was that the ,german ,jews were excluded from the ,euthanasia ,program1 if as you say it was a salutary program according to people the privilege of a mercy death for taking them out of their misery2 why was it that the ,german ,jews were not included in that program8 ,a4 ,i have already stated that4 ,as ,bouhler explained it1 the blessing of euthanasia should be granted only to ,germans4 ,q4 ,i understand that1 but ,i thought you said at that time there were between two and three million ,germans in ,germany1 ,german citizens who were ,jews8 ,a4 ,yes4 ,that is so4 ,q4 ,why were they not included in the program1 if the privilege of the program was going to be accorded to all ,germans8 ,a4 ,the reason possibly lies in the fact that the government did not want to grant this philanthropic act to the ,jews4 ,q4 ,they wanted to grant this philanthropic act to all ,aryan ,germans1 but did not want to grant it to ,german ,jews1 and they did not want to grant this philanthropic act to ,german soldiers of the first war1 who had received mental injuries growing out of their war wounds4 ,is that correct8 ,a4 ,as ,i have already said1 that was a great inconsistency in this procedure and we often protested4 ,however1 it was determined by considerations of a military and psychological nature4 ,q4 ,thank you4 99 99 99 99 99 ,q4 ,witness1 ,i think you said yesterday afternoon that these six euthanasia stations were located at ,bernburg1 ,brandenburg1 ,hadamar1 ,hartheim1 ,grafeneck1 and ,sonnenstein1 is that correct8 ,a4 ,yes4 ,that is correct4 ,q4 ,when were the gas chambers at these euthanasia stations built8 ,a4 ,when the institutions were set up as euthanasia institutions4 ,q4 ,can you remember the approximate dates8 ,a4 ,no4 ,i cannot remember the dates4 ,i just know the years when the institutions became euthanasia institutions--approximately4 ,i know that ,grafeneck and ,brandenburg were the first institutions to become euthanasia institutions4 ,it began at the end of #aici at the earliest1 the beginning of #aidj at the latest4 ,sonnenstein and ,hartheim were set up in the early summer #aidj4 ,in the early summer or spring4 ,the institution at ,bernburg was established in the fall or winter of #aidj1 ,hadamar1 in the winter or spring of #aida4 ,this is as accurate as ,i can give it4 ,q4 ,you said the winter or spring of #aida4 ,do you mean the winter of #aidj or the spring of #aida8 ,you said the winter or spring of #aida4 ,a4 ,if ,i say winter '#da1 ,i mean ,january '#da1 but it might have been ,march too1 ,i don't know4 ,q4 ,and you think that ,hadamar was the last one that was set up8 ,a4 ,i am quite certain that ,hadamar was the last one4 ,q4 ,now1 of what materials were these gas chambers built8 ,were they movable gas chambers1 very much like the low-pressure chambers that ,professor ,dr4 ,ruff talked about1 or were they something that was built permanently into the camp or installation8 ,a4 ,no special gas chamber was built4 ,a room suitable in the hospital was used1 a room of necessity attached to the reception ward and to the room where the insane persons were kept4 ,this room was made into a gas chamber4 ,it was sealed1 given special doors and windows1 and then a few meters of gas piping were laid1 or some kind of piping with holes in it4 ,outside this room there was a container1 a compressed gas container with the necessary apparatus1 that is a pressure gauge1 etc4 ,q4 ,now what department had the responsibility for constructing or building these gas chambers1 what department of the ,party or of the government8 ,a4 ,no office of the ,party4 ,i don't understand the question4 ,q4 ,somebody had to build these chambers4 ,who gave the orders and who had the responsibility of building them1 was that your department8 ,a4 ,i assume the orders were given by the head of the institution1 but ,i don't know who actually did give the orders4 ,q4 ,in other words1 were these chambers not built according to some specifications1 plans and specifications8 ,a4 ,i can't imagine that1 every chamber was different4 ,i saw several of them4 ,q4 ,do you know what department gave the order for having the chambers built8 ,was that your department under ,bouhler8 ,a4 ,no4 ,it was ,bouhler himself4 ,q4 ,and he gave the order to the various heads of institutions to install this chamber1 is that correct8 ,a4 ,yes4 ,q4 ,now1 how would the heads of each of these institutions know how to install a gas chamber unless there were certain plans and specifications given to them8 ,a4 ,i never saw any such plan4 ,i don't know of any4 ,q4 ,would you know how to go out and build a gas chamber unless some engineer or planner had told you8 ,certainly ,i wouldn't4 ,a4 ,i don't know whether ,i would either4 ,presumably he called in an engineer4 ,q4 ,that's what ,i'm trying to say4 ,what engineer or group of engineers was responsible for seeing that these gas chambers were built so that they would do the job they were supposed to do8 ,a4 ,there was certainly no group of engineers4 ,i presume there was somebody at the institutions who had enough technical ability to do it4 ,i don't know4 ,q4 ,then1 so far as you know1 someone at one of these institutions would be told by ,bouhler to construct a gas chamber and he would call--the head of the institution then would call on someone1 you don't know whom1 to go out and build the chamber8 ,is that correct8 ,a4 ,that is how ,i imagine it4 ,q4 ,well1 wouldn't it make a considerable difference whether the chamber was to be constructed for euthanasia by carbon monoxide or by some other means8 ,wouldn't there have to be some technical information available to the head of the institution so that he could give directions to his mechanic to build the thing to do the thing it was supposed to do8 ,a4 ,i must say honestly ,i really don't know anything about that4 ,i can't judge4 ,q4 ,do you know whether or not any department of the government1 under ,bouhler1 or under ,brandt1 or under anybody else1 was responsible for seeing that the gas apparatus was installed properly8 ,a4 ,i don't know1 but ,i don't believe so because ,i would probably have heard of it4 ,q4 ,how large were these gas chambers8 ,a4 ,they were of different sizes4 ,it was simply an adjoining room4 ,i can't remember whether they were #d #e meters1 or #e #f meters4 ,simply normal sized rooms1 but ,i can't tell you the exact size4 ,it was too long ago4 ,i can't remember4 ,q4 ,were they as large as this courtroom8 ,a4 ,no4 ,they were just normal rooms4 ,q4 ,well1 a man of your intelligence must have some idea about the size of these rooms4 ,the assertion 8normal size0 doesn't mean anything in particular4 ,a4 ,by that ,i mean the size of the normal room in a normal house4 ,i didn't mean an assembly room or a cell either4 ,i meant a room1 but ,i can't tell you the exact size because ,i really don't know it4 ,it might have been #d #e meters1 or #e #f meters1 or #c #d1 but ,i really don't know4 ,i didn't pay much attention to it4 ,q4 ,have you ever visited a concentration camp or a military camp of any kind8 ,a4 ,i visited a concentration camp1 and ,i was once in a military camp as a soldier4 ,q4 ,have you ever seen a shower room or shower bath built into a camp of that kind where the inmates of concentration camps1 or where soldiers in a military barracks1 can take showers8 ,a4 ,yes1 ,i have4 ,in my own barracks4 ,q4 ,and would you say that this euthanasia room at the various institutions was about that dimension8 ,a4 ,i think it was much smaller4 ,q4 ,well1 perhaps we can get at it this way4 ,i thought perhaps you knew something about the mechanical construction that ,i supposed everybody knew something about4 ,this room of yours that you talk about1 how many people would it accommodate8 ,a4 ,yesterday ,i said that according to my estimate it might have been twenty-five or thirty people4 ,q4 ,and that is still your estimate today8 ,i remember yesterday that you said that1 and that is still your estimate today1 it could comfortably take care of twenty-five or thirty people8 ,a4 ,yes4 ,that's my estimate4 ,q4 ,now1 the carbon monoxide gas that was used for the purpose of euthanasia1 where did it come from8 ,i know you said yesterday that it came out of tubes very much like oxygen came in1 but where did the tubes come from8 ,do you know8 ,a4 ,i don't know4 ,they were the normal steel containers which can be seen everywhere4 ,q4 ,do you know how they reached the camp8 ,a4 ,that ,i don't know4 ,q4 ,do you know whether any department of the government was responsible for furnishing the gas to the camp8 ,a4 ,no4 ,they were probably bought4 ,q4 ,you think then that perhaps the superintendent of the institution1 if he wanted some carbon monoxide gas1 would just walk down-town and walk into a store and buy a steel tube of it and put it under his arm and carry it on back to the camp2 pay for it out of his pocket8 ,a4 ,no1 not out of his own pocket but through the institution4 ,the institutions bought them1 ,i mean4 ,q4 ,do you know from what sources the institution bought it8 ,a4 ,yes4 ,all the funds came from the ,reich ,ministry of the ,interior4 ,they were advanced by the ,party treasurer4 ,q4 ,well1 now1 at that time1 wasn't virtually everything in ,germany of a critical nature on some sort of priority8 ,do you understand what ,i mean8 ,a4 ,no4 ,q4 ,would not the diversion of this carbon monoxide in tubes to the various institutions have to be given a priority rating and approved by someone or by some department in the government and thus be made available to the hospitals8 ,don't you understand what ,i mean8 ,a4 ,yes1 ,i understand4 ,i have no idea1 but ,i don't believe so4 ,why8 ,q4 ,what was done with the bodies of these people after mercy deaths were given8 ,a4 ,when the room had been cleared of gas again1 stretchers were brought in and the bodies were carried into an adjoining room4 ,there the doctor examined them to determine whether they were dead4 ,q4 ,then what happened to the bodies8 ,a4 ,when the doctor had determined death1 he freed the bodies for cremation and then they were cremated4 ,q4 ,after he had freed the bodies1 had determined that they were dead1 they were then cremated8 ,is that correct8 ,a4 ,yes4 ,q4 ,there was a crematory built for every one of these institutions8 ,a4 ,yes4 ,crematoriums were built in the institutions4 ,q4 ,do you know whether or not--what department or agency1 either under the government1 that is1 the ,reich government1 or under the superintendent of the various institutions1 was responsible for this detail of cremation8 ,a4 ,i don't understand4 ,bouhler ordered the cremation4 ,bouhler ordered1 on principle1 that the bodies were to be cremated after death4 ,there was no office for that4 ,q4 ,was there any report made to anyone of the fact that certain people1 who had been selected for euthanasia had finally arrived at these institutions1 had actually been accorded the privilege of mercy deaths and then had been cremated8 ,a4 ,no4 ,i know nothing about that4 ,q4 ,no records were kept at all8 ,a4 ,oh1 ,i thought you said reports4 ,now you mean records8 ,q4 ,i don't care what you call it4 ,there must have been a report or record of some kind kept of these people4 ,was there8 ,a4 ,yes1 of course4 ,not only the case histories1 but the personal data of the individual patients were collected at the euthanasia institution and there the death records were added and whatever else was available4 ,in my direct examination ,i pointed out that there were announcements to the agencies concerned1 for example1 the guardianship court4 ,all these files were sent to ,tiergartenstrasse #d4 ,q4 ,they were finally sent to ,tiergartenstrasse #d8 ,a4 ,yes4 ,q4 ,isn't it true that only in that way could an accurate record or report of this program be made8 ,a4 ,i didn't understand4 ,whether this fact created accurate records about the people1 or whether records were kept8 ,q4 ,records were kept1 were they not1 of this entire transaction of each individual from the time he was expertized8 ,a4 ,yes4 ,q4 ,until finally he was cremated8 ,a4 ,yes4 ,q4 ,and those records were filed with ,t-#d8 ,a4 ,yes4 ,they were kept there4 ,q4 ,now1 ,i believe you said that these euthanasia chambers were built to resemble shower rooms8 ,a4 ,yes4 ,that's how ,i remember it4 ,q4 ,and the only people that were accorded euthanasia were people who were incurably insane1 ,i think you said8 ,a4 ,yes4 ,q4 ,these were people who1 as you put it1 on ethical grounds did not have the mental capacity either to consent or to resist the decision to grant them euthanasia1 and that consequently as you viewed it1 it was a humane procedure to accord them a mercy death2 is that correct1 did ,i understand you correctly8 ,a4 ,yes4 ,q4 ,now1 were these people1 the ones whom you saw1 so insane as not to understand where they were or what was going on around them8 ,a4 ,i can only say that of course ,i am not a doctor and therefore not in a position to judge the condition of such patients1 but when ,i was at such institutions ,i myself saw that the patients1 in as far as they were able to walk1 went into these chambers or rooms where they were told to go without any objection and sat down on the benches or lay down and were quite quiet4 ,i don't know to what extent they realized where they were4 ,i do know1 however1 that they were not in any way worried1 but perfectly calm4 ,bouhler had ordered that the doctors were to arrange things so that the patients would not realize what was being done to them4 ,q4 ,and that was the reason that the gas chambers were constructed to resemble shower rooms1 ,i suppose8 ,a4 ,yes4 ,q4 ,and these people thought that they were going in to take a shower bath8 ,a4 ,if any of them had any power of reasoning1 they no doubt thought that4 ,q4 ,well now1 were they taken into the shower rooms with their clothes on1 or were they nude8 ,a4 ,no4 ,they were nude4 ,q4 ,in every case8 ,a4 ,whenever ,i saw them1 yes4 ,q4 ,and you said1 ,i believe1 yesterday that you witnessed perhaps some #aj to #ab1 or #ae1 or #bj occasions when groups were accorded mercy deaths8 ,a4 ,no4 ,i said that ,i visited each of the institutions1 with the exception of ,hadamar1 at least once1 perhaps twice4 ,q4 ,and on each occasion did you witness the according of a mercy death to a group8 ,a4 ,yes4 ,q4 ,and ,i believe you said yesterday that some of these groups were adults1 that some groups were men1 other groups were women1 and that on some occasions the groups were made up of both men and women1 is that correct8 ,a4 ,no4 ,apparently ,i did not express myself clearly4 ,they were either men or women1 but ,i saw both4 ,q4 ,and you think perhaps you saw as many as #bj to #cj comfortably accommodated in the chamber8 ,a4 ,yes1 quite comfortably4 ,there was plenty of room4 99 99 99 99 99 ,,cross-,,examination 99 99 99 99 99 ,,dr4 ,,hochwald3 ,you never cooperated in the program of extermination of the ,jews1 is that correct8 ,,defendant ,,brack3 ,no4 ,i personally never did4 ,q4 ,is the name ,eichmann1 ,obersturmbannfuehrer ,adolf ,eichmann1 familiar to you8 ,a4 ,yes4 ,i know the name now4 ,q4 ,you did not know him before8 ,that is1 during the war8 ,a4 ,no1 not to my knowledge4 ,q4 ,did you know anything about his activities during the war from your own knowledge1 not what you heard now8 ,a4 ,i cannot remember ever having heard the name ,eichmann before4 ,q4 ,in order to keep the record straight ,i would like to offer ,document ,,no-#bgcg4 ,this is an excerpt from the judgment of the ,international ,military ,tribunal about the activities of ,eichmann1 and ,i would like to ask the ,tribunal whether ,i should give an identification number to this document or whether the ,tribunal will take judicial notice of the document4 ,,presiding ,,judge ,,beals3 ,while the ,tribunal will take judicial notice of the document mentioned1 it would be convenient to have an identification number for the purpose of identification only4 ,,dr4 ,,hochwald3 ,so it will be ,prosecution ,exhibit #eje for identification2 extract from the judgment of the ,international ,military ,tribunal3#aaf 8,in the summer of #aida1 however1 plans were made for the #8final solution' of the ,jewish question in ,europe4 ,this #8final solution' meant the extermination of the ,jews1 which early in #aici ,hitler had threatened would be one of the consequences of an outbreak of war1 and a special section in the ,gestapo under ,adolf ,eichmann1 as head of ,section ,b-#d of the ,gestapo1 was formed to carry out the policy 99 99 99 99 99 99 99 99 899 99 99 ,adolf ,eichmann1 who had been put in charge of this program by ,hitler1 has estimated that the policy pursued resulted in the killing of #f1jjj1jjj ,jews1 of which #d1jjj1jjj were killed in the extermination institutions40 ,did you ever have any conferences or discussions with ,eichmann concerning the extermination of the ,jews and the solution of the ,jewish problem8 ,,defendant ,,brack3 ,i already said that ,i did not remember having heard the name ,eichmann at all4 ,q4 ,i want to put to you ,,no-#iig1 which is ,prosecution ,exhibit #ejf for identification1 your ,honors4 ,this is a draft of a letter from the ,reich ,minister for the ,occupied ,eastern ,territories to the ,reich ,commissioner for the ,east3 8,solution of the ,jewish ,problem4 8,reference3 ,your report of #d ,october #aida1 concerning the solution of the ,jewish problem4 8,i have no objection against your suggestion for the solution of the ,jewish problem4 ,attached please find a memorandum concerning the conversation between my expert consultant1 ,amtsgerichtsrat ,dr4 ,wetzel1 ,oberdienstleiter ,brack of the ,chancellery of the ,fuehrer1 and ,sturmbannfuehrer ,eichmann1 expert consultant to the ,reich ,security ,main ,office4 ,please note the details of the matter from this memo4 ,will you please take the necessary steps at the ,reich ,security ,main ,office and with ,oberdienstleiter ,brack from the ,chancellery of the ,fuehrer via your ,higher ,,ss and ,police ,leader4 ,please keep me informed4 ,handwritten ,f4 d4 ,h4 ,m4 ,for the ,minister 8#b;d ,copy 87a7 ,reich ,security ,main ,office 87b7 ,chancellery of the ,fuehrer ,attention3 ,oberdienstleiter ,brack1 ,copy of 7#a71 including enclosure for information40 ,did you receive a copy of this letter8 ,a4 ,may ,i first ask you what the date of this letter is8 ,q4 ,only #aida is mentioned here4 ,but that is the date ,i told you4 ,did you receive a copy of this letter1 ,herr ,brack8 ,a4 ,i did not receive a copy of it nor did ,i even see a copy of that letter1 nor do ,i know this ,amtsgerichtsrat ,wetzel4 ,q4 ,did you have a conference with ,eichmann on this problem1 on the solution of the ,jewish question8 ,a4 ,i already said ,i cannot even remember the name ,eichmann1 nor can ,i remember the name ,wetzel4 ,q4 ,do you know anything about the matters discussed at this conference concerning the solution of the ,jewish problem8 ,a4 ,no4 ,i know nothing4 ,q4 ,you have no idea4 ,you never made any suggestions as to what kind of treatment or what kind of gas chambers should be used for the solution of the ,jewish problem8 ,you never did that8 ,a4 ,i can remember nothing in this connection4 ,q4 ,you were questioned by the ,tribunal last ,friday as to whether plans were made for the construction of the gas chambers in the euthanasia stations or whether an engineer or specialist was ordered to assist the directors of the stations in setting up such gas chambers1 were you not8 ,a4 ,yes4 ,q4 ,you were not able to give any information to the ,tribunal on that fact1 were you8 ,a4 ,no4 ,i said ,i didn't concern myself with these matters4 ,q4 ,is the name ,kallmeyer1 ,k-a-l-l-m-e-y-e-r1 familiar to you8 ,a4 ,yes4 ,but ,i can't remember in which connection4 ,q4 ,his wife executed an affidavit for you here4 7,brack #ci1 ,brack ,ex4 #bc47 ,do you remember him now8 ,a4 ,yes4 ,yes1 ,i remember him now4 ,q4 ,was ,kallmeyer the engineer1 or was he a chemist1 who made these plans for gas chambers and assisted the directors in euthanasia stations in setting up these gas chambers8 ,a4 ,no4 ,kallmeyer had to check that the gas chambers were operating properly1 but ,i don't believe he made any plans for that purpose4 ,q4 ,kallmeyer was the man who supervised these gas chambers1 was he not8 ,a4 ,i believe so1 yes1 but not for long1 only for a short time4 ,q4 ,all right4 ,and does the name ,kallmeyer refresh your memory as to eventual plans you made together with ,eichmann about the solution of the ,jewish problem1 ,herr ,brack8 ,a4 ,no4 ,q4 ,i want to put to you ,document ,,no-#cfe1 which will be ,prosecution ,exhibit #ejg for identification1 your ,honors4 ,this is a draft from the ,reich ,ministry for the ,occupied ,territories dated ,berlin1 #be ,october #aida4 8,referent ,,agr4 ,dr4 ,wetzel 8,re3 ,solution of the ,jewish ,question 8#a4 ,to the ,reich ,commissioner for the ,east 8,re3 ,your ,report of #d ,october #aida ,concerning ,solution of the ,jewish question 8,referring to my letter of #ah ,october #aida1 you are informed that ,oberdienstleiter ,brack of the ,chancellery of the ,fuehrer has declared himself ready to collaborate in the manufacture of the necessary shelters1 as well as the gassing apparatus4 ,at the present time the apparatus in question are not on hand in the ,reich in sufficient number2 they will first have to be manufactured4 ,since in ,brack's opinion the manufacture of the apparatus in the ,reich will cause more difficulty than if manufactured on the spot1 ,brack deems it most expedient to send his people direct to ,riga1 especially his chemist ,dr4 ,kallmeyer1 who will have everything further done there4 ,oberdienstleiter ,brack points out that the process in question is not without danger1 so that special protective measures are necessary4 ,under these circumstances ,i beg you to turn to ,oberdienstleiter ,brack1 in the ,chancellery of the ,fuehrer1 through your ,higher ,,ss and ,police ,leader and to request the dispatch of the chemist ,dr4 ,kallmeyer as well as of further aides4 ,i draw attention to the fact that ,sturmbannfuehrer ,eichmann1 the referent for ,jewish questions in the ,,rsha1 is in agreement with this process4 ,on information from ,sturmbannfuehrer ,eichmann1 camps for ,jews are to be set up in ,riga and ,minsk to which ,jews from the old ,reich territory may possibly be sent4 ,at the present time1 ,jews being deported from the old ,reich are to be sent to ,litzmannstadt1 ,lodz but also to other camps1 to be later used as labor in the ,east so far as they are able to work4 8,as affairs now stand1 there are no objections against doing away with those ,jews who are unable to work with the ,brack remedy4 ,in this way occurrences would no longer be possible such as those which1 according to a report presently before me1 took place at the shooting of ,jews in ,vilna and which1 considering that the shootings were public1 were hardly excusable4 ,those able to work1 on the other hand1 will be transported to the ,east for labor service4 ,it is self-understood that among the ,jews capable of work1 men and women are to be kept separate4 8,i beg you to advise me regarding your further steps40 ,herr ,brack1 are you still going to maintain what you said here in direct examination1 namely1 that you tried to protect the ,jews and to save the ,jews from their terrible fate and that you were never a champion of the extermination program8 ,a4 ,i should even like to maintain that misuse1 terrible misuse1 was made of my name4 ,i see from this letter and from the date of this letter that all these negotiations were carried out at a time when ,i was far away from ,berlin1 when ,i was on sick leave4 ,if ,i have the possibility ,i hope ,i shall be able to bring witnesses who will testify to that effect4 ,i must frankly admit that at this period something was going on which entirely contradicted my opinion1 but this could only have been done under misuse of my name and my agency4 ,i was not willing to participate in these things4 ,q4 ,can you tell me1 ,herr ,brack1 where ,riga and ,minsk are located8 ,a4 ,riga is on the ,baltic in ,latvia1 and ,minsk is in ,russia4 ,q4 ,these two places were outside ,germany1 were they not8 ,a4 ,yes4 ,q4 ,prosecution has no further questions at this time4 ,,extract ,,from ,,the ,,testimony ,,of ,,prosecution ,,witness ,,walter ,e4 ,,schmidt#aag ,,cross-,,examination 99 99 99 99 99 ,,dr4 ,,servatius3 ,what kind of directives were given at that time about the execution of the ,euthanasia ,program8 ,,witness ,,schmidt3 ,well1 the same directives as were finally carried out--to move the invalids from lunatic asylum to the euthanasia institution4 ,i personally received subsequently the orders from the ,reich committee which had already been discussed during that meeting4 ,q4 ,did you at that time consider that an order for murder8 ,a4 ,in no way at all4 ,the jurists in ,berlin told us that this was a legal matter1 that it was a ,hitler decree or a law which had been duly approved2 also that the jurists had discussed whether ,hitler was authorized to issue such a decree and decided in the affirmative1 and we were told that this was a matter which was a quite legal-- ,q4 ,witness1 a little slower4 ,a4 ,that it was a legal task of the ,state which had already been planned in #aicb and which was also being planned in other countries and that we would not incriminate ourselves in any way1 on the contrary1 a sabotage of this order would be a criminal offense4 ,the question of secrecy was also discussed in detail and it was stated that this was a kind of law now2 that the patients were not to have knowledge of such a measure beforehand because otherwise they would be excited1 and that was probably the main reason why this law could not be published4 ,in addition at that time we were at war and those kinds of measures should be kept secret in the interior4 ,q4 ,who were the people to be concerned by the ,euthanasia ,program8 ,a4 ,the incurably sick4 ,however1 it was not quite clear to me where the limit was to be drawn4 ,for me personally1 such a measure could only be considered in the cases of persons who were dying anyhow4 ,q4 ,was there any mention made at that time of 8useless eaters0 and other economic points of view8 ,a4 ,i never actually heard the words 8useless eaters0 at all during the war4 ,q4 ,was it mentioned at the time that the institution had to be kept free for other purposes1 and that that was the reason8 ,a4 ,the reason for this measure was only touched upon briefly4 ,we were told that these were tasks of the state which had become urgent because of the war and1 yes1 of a eugenic nature4 ,q4 ,how about the children8 ,a4 ,at the time there was always talk about the last medical aid4 ,q4 ,well1 if ,i understood you correctly1 the decisive viewpoint was the medical one8 ,a4 ,yes4 ,i only observed it from the medical point of view4 ,q4 ,now was the procedure actually carried out from this point of view8 ,or didn't this so-called program actually go far beyond its limits in its execution8 ,a4 ,the limits of the program were certainly exceeded to a great extent4 ,i personally did not see it myself1 but on the basis of the reports ,i received1 ,i must say that excesses certainly took place4 ,q4 ,witness1 how was it in your institution with reference to excesses8 ,a4 ,in my institution procedure was taken only on the basis authorized by law4 ,we also had a therapy station4 ,of course1 ,i must say1 it was not very nice to watch these transports4 ,q4 ,now1 you said that later on ,eastern workers were picked up8 ,a4 ,yes4 ,q4 ,wasn't that in excess of the original order which you received8 ,a4 ,i cannot say that4 ,i don't know4 ,q4 ,do you know where the order came from to transport these people away8 ,a4 ,from the ,ministry of the ,interior4 ,it was given to us by the superior office of the ,ministry of the ,interior4 ,q4 ,you mean the ,reich ,minister of the ,interior8 ,a4 ,yes4 ,q4 ,you further mentioned that the action was concluded in ,august #aida1 that it was stopped4 ,do you know the reason for this8 ,a4 ,yes4 ,i do not know the official reason1 but ,i heard of it unofficially4 ,i heard that ,herr von ,galen protested1 and that was probably why the whole procedure was stopped4 ,i emphasize that ,i don't know for certain1 but anyway for me it was a reason4 ,q4 ,well was this procedure actually stopped everywhere in the end8 ,a4 ,no4 ,when ,hadamar was closed ,i immediately assumed that some other institution would continue this task or that the procedure would be followed up in some other way4 ,that is also what ,mr4 von ,hegener said when he was there4 ,q4 ,you said that these ,eastern workers were collected by the same busses as before8 ,a4 ,yes4 ,the busses were the same4 ,they were big black busses1 and we knew the drivers because they came frequently4 ,q4 ,to whom did the busses belong8 ,to the ,gauleiter's office8 ,a4 ,these busses were owned by the transport company4 ,the ,sick ,transport ,company in ,berlin4 ,some of the personnel remained in ,hadamar4 ,q4 ,was there no medical personnel8 ,a4 ,no4 ,there was no medical personnel4 ,q4 ,you said something about the excesses with reference to the program4 ,a4 ,one must differentiate between how things were until the action was stopped in #aida1 and how it was later on4 ,q4 ,what excesses do you know of before the action was stopped in #aida8 ,a4 ,you mean individually8 ,q4 ,yes1 in your institution4 ,a4 ,there were none at all in our institution4 ,the people were transported away4 ,q4 ,you acted according to directives8 ,a4 ,yes4 ,i personally was not in charge of this action4 ,my chief was in charge4 ,but as far as ,i know no excesses were committed by the nursing personnel4 ,of course1 some of the obstinate patients refused to enter the busses4 ,that is natural4 ,q4 ,were these all extreme cases which were sent for under this ,euthanasia ,program8 ,a4 ,of course1 it depends where the limit is drawn4 ,one can maintain the view that a large part of the patients1 perhaps1 might have undergone a certain change through modern shock treatment or some other modern method of treatment4 ,but with those cases there in which the mental disease was in a very advanced stage1 in my opinion1 most of the patients no longer had any chance to enjoy life4 ,,extracts ,,from ,,the ,,testimony ,,of ,,defendant ,,karl ,,brandt#aah ,,direct ,,examination 99 99 99 99 99 ,,dr4 ,,servatius3 ,witness1 you are charged with participation in the ,euthanasia ,program4 ,i shall show you the decree of #a ,december #a ,september #aici4 7,,no-#fcj1 ,pros4 ,ex4 #ccj47 ,please describe how this decree came about4 ,,defendant ,,karl ,,brandt3 ,after the end of the ,polish campaign in about ,october sic1 the ,fuehrer was at ,obersalzberg4 ,i was called to him for some reason which ,i can no longer remember and he told me that because of a document which he had received from ,reichsleiter ,bouhler1 he wanted to bring about a definite solution in the euthanasia question4 ,he gave me general directives on how he imagined it1 and the fundamentals were that insane persons who were in such a condition that they could no longer take any conscious part in life were to be given relief through death4 ,general instructions followed about petitions which he himself had received1 and he told me to contact ,bouhler himself about the matter4 ,i did so by telephone on the same day1 and ,i then informed ,hitler about my conversation with ,bouhler4 ,thereupon he drafted a formulation of this decree1 not in the form we have here1 but in a similar form1 and certain changes were made4 ,my request was that a precaution be introduced because of the medical participation1 and ,i used an expression for this which was familiar to me from expert opinions4 ,it stated that euthanasia could be carried out on persons and then comes the formulation 8who are incurable with a probability bordering on certainty40 ,since this formulation was strange to him1 8on the most careful diagnosis of their condition of sickness0 was added4 ,therefore1 when this decree was signed about the end of ,october1 the text read as follows3 8,reichsleiter ,bouhler and ,dr4 ,brandt are charged with the responsibility of extending the authority of certain doctors1 to be designated by name in such a manner that persons who1 according to human judgment1 are incurably sick1 can1 on the most careful diagnosis of their condition of sickness1 be accorded a mercy death40 ,q4 ,did you talk to ,bouhler8 ,a4 ,at first ,i only talked to ,bouhler on the telephone and even after the decree was signed ,i did not talk to him immediately but sent the signed decree to him in ,berlin4 ,q4 ,and what was ,hitler's idea of euthanasia8 ,what did he understand by it8 ,a4 ,the decisive thing for him was also expressed here in the decree1 namely1 that incurably sick persons--actually it should have read insane persons--other persons were absolute exceptions--could be accorded a mercy death4 ,that is1 therefore1 a measure dictated by purely humane considerations1 and nothing else could be thought under any circumstances1 and nothing else was ever said to me4 ,q4 ,you said that the ,fuehrer gave you the assignment on the basis of a telephone call from ,bouhler8 ,the call from ,bouhler could not have been the only reason4 ,there must have been others4 ,a4 ,it was not a telephone call4 ,there was some kind of a documentary incident which was decisive4 ,it may be that the ,fuehrer already had these documents or that ,bouhler spoke to him again about them4 ,i don't know exactly4 ,but this was not the cause of the ,euthanasia ,program being started4 ,in his book1 8,mein ,kampf10 ,hitler had already referred to it in certain chapters1 and the law for the 8prevention of the birth of children suffering from hereditary diseases0 is a proof that ,hitler had definitely concerned himself with such problems earlier4 ,the law for the 8prevention of the birth of children suffering from hereditary diseases0 is actually a law which followed the events4 ,it certainly arose because children with congenital diseases existed4 ,proof that this is a problem which affects the whole world lies in the fact that similar laws with similar formulation and contents have been passed in other countries4 ,dr4 ,gerhardt ,wagner1 who was ,dr4 ,conti's predecessor1 discussed these questions at the ,party rally in ,nuernberg4 ,i did not talk to ,gerhardt ,wagner at that time and had nothing to do with these things4 ,however1 ,i hear now that in #aice ,gerhardt ,wagner had a film made presenting the problem of the insane4 ,apparently the film was made in asylums with insane persons4 ,q4 ,witness1 did not the requests received by ,bouhler and the ,fuehrer play a certain part8 ,a4 ,requests to this effect were certainly constantly received by ,bouhler1 and the ,chancellery of the ,fuehrer always received such things4 ,i only know that these requests were afterwards passed on to the ,reich ,ministry of the ,interior4 ,i myself know of one request which was sent to the ,fuehrer himself through his adjutant's office in the spring of #aici4 ,the father of a deformed child approached the ,fuehrer and asked that this child or this creature should be killed4 ,hitler turned this matter over to me and told me to go to ,leipzig immediately--it was in ,leipzig--to confirm the fact on the spot4 ,it was a child who was born blind1 an idiot--at least it seemed to be an idiot--and it lacked one leg and part of one arm4 ,q4 ,witness1 you were speaking about the ,leipzig affair1 about this deformed child4 ,what did ,hitler order you to do8 ,a4 ,he ordered me to talk to the physicians who were looking after the child to find out whether the statements of the father were true4 ,if they were correct1 then ,i was to inform the physicians in his name that they could carry out euthanasia4 ,the important thing was that the parents should not feel themselves incriminated at some later date as a result of this euthanasia--that the parents should not have the impression that they themselves were responsible for the death of this child4 ,i was further ordered to state that if these physicians should become involved in some legal proceedings because of this measure1 these proceedings would be quashed by order of ,hitler4 ,martin ,bormann was ordered at the time to inform ,guertner1 the ,minister of ,justice1 accordingly about this case4 ,q4 ,what did the doctors who were involved say8 ,a4 ,the doctors were of the opinion that there was no justification for keeping such a child alive4 ,it was pointed out that in maternity wards under certain circumstances it is quite natural for the doctors themselves to perform euthanasia in such a case without anything further being said about it4 ,no precise instructions were given in that respect4 ,q4 ,was this problem of deformities dealt with anywhere else8 ,a4 ,the problem of deformities was probably discussed before this ,leipzig case4 ,however1 in the course of the summer it was worked on in a more concrete form1 first of all by the ,ministry of the ,interior4 ,in this case1 ,dr4 ,linden participated as a special consultant1 probably as representative of ,dr4 ,conti--who became ,reich ,minister for ,health after the death of his predecessor ,wagner1 and then afterwards ,state ,secretary in the ,ministry of the ,interior4 ,q4 ,who was ,dr4 ,linden8 ,a4 ,dr4 ,linden was ,ministerialrat in the ,reich ,ministry of the ,interior4 ,he was a doctor and was the competent official who was later in charge of this office for the mental institutions1 perhaps he already was at the time1 ,i don't know exactly4 ,later on1 during the treatment of the euthanasia question he was appointed exponent of all these matters4 ,q4 ,what was the procedure at the time8 ,was ,hitler informed about all these matters8 ,a4 ,in ,august #aidd he ordered me to participate in a conference which took place between ,dr4 ,linden1 ,mr4 ,bouhler1 and some other people4 ,the question of the registration of these deformities was discussed1 and also how to set about this registration4 ,dr4 ,linden1 on behalf of the ,ministry of the ,interior1 submitted pertinent documents1 questionnaires1 etc41 which were then discussed once more in detail4 ,it was the preparatory work for the ,reich ,committee for the ,registration of ,serious ,hereditary and ,constitutional ,diseases1 which was subsequently established4 99 99 99 99 99 ,,cross-,,examination 99 99 99 99 99 ,,mr4 ,,mchaney3 ,now1 ,witness1 this is the first time that ,i have ever heard mentioned in connection with the ,euthanasia ,program that anybody's consent had to be obtained1 and ,i take it that it is a rather fundamental matter4 ,are you ready to swear to this ,tribunal that the ,reich committee never performed euthanasia on children without obtaining the consent of the parents of the child8 ,,defendant ,,karl ,,brandt3 ,i said yesterday that the approval of the parents was necessary for the euthanasia of children1 and ,i am of the opinion that such approval was actually given4 ,q4 ,was the approval written approval or verbal approval8 ,a4 ,that ,i don't know4 ,i cannot say4 ,q4 ,have you ever seen any written approval8 ,a4 ,i believe that during the first period when this authorization was submitted for signature to ,bouhler and to me1 all the other papers were together with it1 such as approvals1 etc4 ,it may be that during the later period we were only concerned with the authorization papers and that the other papers were left with the ,reich committee4 ,however1 ,i did see such letters of approval but ,i don't believe that they were in writing in every case4 ,i think they were partly given orally through the local physician or some other agency which dealt with the case4 ,q4 ,well1 ,witness1 let's look at this letter again4 ,i find some difficulty in reconciling your testimony about the necessity of consent by the relatives of the child with what's written here in this letter4 ,for example1 the third line reads3 8,it seems that the relatives of ,anna ,gasse tried to obtain her release by every possible means40 ,if1 ,witness1 it was necessary to obtain consent1 why was there any question about releasing ,anna ,gasse8 ,a4 ,i cannot say that either4 ,according to my opinion1 the child could not be kept in an institution if the parents wanted it at home4 ,q4 ,and the last sentence which reads1 8,if from a medical point of view such release is warranted1 one could perhaps take into consideration whether one should not perhaps comply with such request in the interest of the good reputation of the institution40 ,don't you find that language just a bit restrained1 ,witness8 ,a4 ,yes4 ,i think it is very restrained4 ----- #ic ,trial of the ,major ,war ,criminals1 vol4 ,i1 pp4 #bdg1 #cja1 ,nuremberg1 #aidg4 #id ,defendant in case before ,international ,military ,tribunal4 ,see ,trial of the ,major ,war ,criminals1 ,vols4 ,i-,,xlii1 ,nuremberg1 #aidg4 #ie ,objection to admission in evidence sustained4 #if ,ibid4 #ig ,objection to admission in evidence sustained4 #ih ,defendant 7in absentia7 before ,international ,military ,tribunal4 ,see ,trial of the ,major ,war ,criminals1 vols4 ,i-,,xlii1 ,nuremberg1 #aidg4 #ii ,code name for the killing of non-,german nationals and ,jews who were inmates of the concentration camps4 #ajj ,trial of the ,major ,war ,criminals1 vol4 ,,xx1 pp4 #dij-a1 ,nuremberg1 #aidh4 #aja ,trial of the ,major ,war ,criminals1 vol4 ,i1 p4 #bdg1 ,nuremberg1 #aidg4 #ajb ,united ,states vs4 ,alfons ,klein1 et al4 ,see ,law ,reports of ,trials of ,war ,criminals1 vol4 ,i1 pp4 #df-ed1 ,london1 #aidg4 #ajc ,ibid4 #ajd ,not introduced in evidence4 #aje ,not introduced in evidence4 #ajf ,united ,states vs4 ,alfons ,klein1 et al4 ,see ,law ,reports of ,trials of ,war ,criminals1 vol4 ,i1 pp4 #df-ed1 ,london1 #aidg4 #ajg ,ibid4 #ajh ,final plea is recorded in mimeographed transcript1 #ah ,july #aidg1 pp4 #aabbj-aabdd4 #aji ,defendant before ,international ,military ,tribunal4 ,see ,trial of the ,major ,war ,criminals1 vol4 ,i1 pp4 #bih-cja1 ,nuremberg1 #aidg4 #aaj ,literally3 ,nonprofit ,sick ,transport ,company4 #aaa ,german or of similar blood 7of ,german blood71 ,jew1 ,jewish mixed breed ,grades ,i or ,,ii1 ,negro 7mixed breed74 #aab ,defendant in case of ,united ,states vs4 ,josef ,altsetoetter1 et al4 ,see ,vol4 ,,iii4 #aac ,enclosures were not available4 #aad ,complete testimony is recorded in mimeographed transcript1 #af1 #ag ,jan4 #aidg1 pp4 #ahff-aidf4 #aae ,complete testimony is recorded in mimeographed transcript1 #g1 #h1 #i1 #ab1 #ac1 #ad1 #ae1 #af1 #ai ,may #aidg1 pp4 #gdac-gggb4 #aaf ,trial of the ,major ,war ,criminals1 vol4 ,i1 pp4 #bej1 #beb-bec1 ,nuremberg1 #aidg4 #aag ,complete testimony is recorded in mimeographed transcript1 #af ,jan #aidg1 pp4 #ahaf-ahfc4 #aah ,complete testimony is recorded in mimeographed transcript1 #c1 #d1 #e1 #f1 #g ,feb #aidg1 pp4 #bcja-bffa4 ,e4 ,selections ,from ,photographic ,evidence of the ,prosecution ,illustration3 ,,inmates ,,of ,,the ,,dachau ,,concentration ,,camp ,,in ,,different ,,stages ,,of ,,simulated ,,altitude ,,in ,,the ,,low ,,pressure ,,chamber ,,document ,,no-#faj1 ,,prosecution ,,exhibit #da ,illustration3 ,,document ,,no-#faj1 ,,prosecution ,,exhibit #da ,illustration3 ,,document ,,no-#faj1 ,,prosecution ,,exhibit #da ,,post-,,mortem ,,dissection ,,of ,,high-,,altitude ,,experimental ,,subjects ,,showing ,,air ,,bubbles ,,in ,,blood ,,vessels ,,in ,,subarachnoid ,,space ,,of ,,brain ,,and ,,under ,,pleura ,,of ,,anterior ,,chest ,,wall ,illustration3 ,,document ,,no-#ajhj ,a1 ,,prosecution ,,exhibit #bai ,a ,,exposures ,,of ,,the ,,witness ,,maria ,,kusmierczuk ,,who ,,underwent ,,sulfanilamide ,,and ,,bone ,,experiments ,,while ,,an ,,inmate ,,of ,,the ,,ravensbrueck ,,concentration ,,camp ,illustration3 ,,exposures ,,of ,,the ,,witness ,,maria ,,kusmierczuk ,,who ,,underwent ,,sulfanilamide ,,and ,,bone ,,experiments ,,while ,,an ,,inmate ,,of ,,the ,,ravensbrueck ,,concentration ,,camp--,continued ,,document ,,no-#ajhj ,e ,,prosecution ,,exhibit #bai ,e ,,document ,,no-#ajhj ,f ,,prosecution ,,exhibit #bai ,f ,illustration3 ,,exposures ,,of ,,the ,,witness ,,jadwiga ,,dzido ,,who ,,underwent ,,sulfanilamide ,,and ,,bone ,,experiments ,,while ,,an ,,inmate ,,of ,,the ,,ravensbrueck ,,concentration ,,camp ,,document ,,no-#ajhb ,a ,,prosecution ,,exhibit #bad ,a ,,document ,,no-#ajhb ,c ,,prosecution ,,exhibit #bad ,c ,illustration3 ,,phosphorus ,,burns ,,artificially ,,inflicted ,,on ,,inmates ,,of ,,the ,,buchenwald ,,concentration ,,camp ,,document ,,no-#egi1 ,,prosecution ,,exhibit #bhh ,illustration3 ,,tank ,,containing ,,formaldehyde ,,for ,,the ,,preservation ,,of ,,corpses ,,document ,,no-#hjg1 ,,prosecution ,,exhibit #ahe ,illustration3 ,,corpses ,,assembled ,,in ,,tanks ,,prior ,,to ,,dissection ,,document ,,no-#hjg1 ,,prosecution ,,exhibit #ahe ,illustration3 ,,corpses ,,assembled ,,in ,,tanks ,,prior ,,to ,,dissection--,continued ,,document ,,no-#hjg1 ,,prosecution ,,exhibit #ahe ,illustration3 ,,corpse ,,showing ,,incisions ,,in ,,preparation ,,for ,,dissection ,,document ,,no-#hjg1 ,,prosecution ,,exhibit #ahe ,,viii4 ,,evidence ,,and ,,arguments ,,on ,,important ,,aspects ,,of ,,the ,,case ,a4 ,applicability of ,control ,council ,law ,no4 #aj to ,offenses ,against ,germans ,during the ,war a4 ,introduction ,under count ,,iii of the indictment1 8,crimes against ,humanity01 the prosecution alleged that the defendants had engaged in medical experiments 8upon ,german civilians and nationals of other countries0 and that the defendants had participated in executing 8the so-called #8euthanasia program' of the ,german ,reich1 in the course of which the defendants herein murdered hundreds of thousands of human beings1 including ,german civilians1 as well as civilians of other nations04 ,emphasis added4 ,insofar as these offenses involved ,german nationals1 the defense argued that international law was not applicable4 ,the defense argued that under1 the ,charter annexed to the ,london ,agreement1 crimes against humanity within the meaning of the ,charter do not exist unless offenses are committed 8in the execution of1 or in connection with1 any crime within the jurisdiction of the ,tribunal04 ,although the analogous provision of ,control ,council ,law ,no4 #aj does not include the words of limitation 8in the execution of1 or in connection with any crime within the jurisdiction of the ,tribunal01 the defense argued that ,control ,council ,law ,no4 #aj was only 8an implementation law0 of the ,london ,agreement and ,charter1 and hence could not increase the scope of the offenses defined by the ,london ,charter4 ,pointing to the section of the judgment of the ,international ,military ,tribunal entitled 8,the law relating to war crimes and crimes against humanity01#aai the defense noted that the ,,imt stated3 8to constitute crimes against humanity1 the acts relied on before the outbreak of war must have been in execution of1 or in connection with1 any crime within the jurisdiction of the ,tribunal01#abj that is1 crimes against peace or war crimes4 ,although the indictment in the ,medical ,case did not allege that crimes were committed against ,german nationals before the outbreak of the war on #a ,september #aici1 the defense further argued that any offenses against ,german nationals committed after #aici had not been shown to be 8in execution of1 or in connection with0 crimes against peace and war crimes and hence were not cognizable as crimes within the jurisdiction of the ,tribunal4 ,extracts from the closing statement of the prosecution appear below on pages #iaj to #iae4 ,a summation of the evidence on this question by the defense has been taken from the closing brief for defendant ,karl ,brandt4 ,it appears below on pages #iae to #ibe4 b4 ,selection from the ,argumentation of the ,prosecution ,,extracts ,,from ,,the ,,closing ,,statement ,,of ,,the ,,prosecution#aba 99 99 99 99 99 ,the ,law of the ,case ,before proceeding to outline the prosecution's case1 it may perhaps be desirable to anticipate several legal questions which will undoubtedly be raised with respect to war crimes and crimes against humanity1 as defined in ,article ,,ii of ,control ,council ,law ,no4 #aj4 ,law ,no4 #aj is1 of course1 the law of this case and its terms are conclusive upon every party to this proceeding4 ,this ,tribunal is1 we respectfully submit1 bound by the definitions in ,law ,no4 #aj1 just as the ,international ,military ,tribunal was bound by the definitions in the ,london ,charter4 ,it was stated in the ,,imt judgment that3#abb 8,the jurisdiction of the ,tribunal is defined in the ,agreement and ,charter1 and the crimes coming within the jurisdiction of the ,tribunal1 for which there shall be individual responsibility1 are set out in ,article #f4 ,the law of the ,charter is decisive and binding upon the ,tribunal 99 99 9940 99 99 99 99 99 ,in outlining briefly the prosecution's conception of some of the legal principles underlying war crimes and crimes against humanity1 ,i shall1 with the ,tribunal's permission1 adopt some of the language from the opening statement of the prosecution in the case against ,friedrich ,flick1 et al41 now pending before ,tribunal ,,iv4 ,see ,vol4 ,,vi4 ,general ,taylor there said-- 99 99 99 99 99 8,law ,no4 #aj is 99 99 99 a legislative enactment by the ,control ,council and is therefore part of the law of and within ,germany4 ,one of the infirmities of dictatorship is that1 when it suffers irretrievable and final military disaster1 it usually crumbles into nothing and leaves the victims of its tyranny leaderless amidst political chaos4 ,the ,third ,reich had ruthlessly hunted down every man and woman in ,germany who sought to express political ideas or develop political leadership outside of the bestial ideology of nazism4 ,when the ,third ,reich collapsed1 ,germany tumbled into a political vacuum4 ,the declaration by the ,allied ,powers of #e ,june #aide announced the #8assumption of supreme authority' in ,germany #8for the maintenance of order' and #8for the administration of the country'1 and recited that-- #8,there is no central government or authority in ,germany capable of accepting responsibility for the maintenance of order1 the administration of the country1 and compliance with the requirements of the victorious powers4' 8,following this declaration1 the ,control ,council was constituted as the repository of centralized authority in ,germany4 ,law ,no4 #aj is an enactment of that body and is the law of ,germany1 although its substantive provisions derive from and embody the law of nations4 ,the ,nuernberg ,military ,tribunals are established under the authority of ,law ,no4 #aj1abc and they render judgment not only under international law as declared in ,law ,no4 #aj1 but under the law of ,germany as enacted in ,law ,no4 #aj4 ,the ,tribunals1 in short1 enforce both international law and ,german law1 and in interpreting and applying ,law ,no4 #aj1 they must view ,law ,no4 #aj not only as a declaration of international law1 but as an enactment of the occupying powers for the governance of and administration of justice in ,germany4 ,the enactment of ,law ,no4 #aj was an exercise of legislative power by the four countries to which the ,third ,reich surrendered1 and1 as was held by the ,international ,military ,tribunal3#abd #899 99 99 the undoubted right of these countries to legislate for the occupied territories has been recognized by the civilized world4'0 ,war crimes are defined in ,law ,no4 #aj as atrocities or offenses in violation of the laws or customs of war4 ,this definition is based primarily upon the ,hague ,convention of #aijg and the ,geneva ,convention of #aibi1 which declare the law of nations at those times with respect to land warfare1 the treatment of prisoners of war1 the rights and duties of a belligerent power when occupying territory of a hostile state1 and other matters4 ,the laws and customs of war apply between belligerents1 but not domestically or among allies4 ,crimes by ,german nationals against other ,german nationals are not war crimes1 nor are acts by ,german nationals against ,hungarians or ,romanians4 ,the war crimes charged in this indictment all occurred after #a ,september #aici1 and it is therefore unnecessary to consider the somewhat narrow limitation of the scope of war crimes by the ,international ,military ,tribunal to acts committed after the outbreak of war4 ,one might argue that the occupations of ,austria and the ,sudetenland in #aich1 and of ,bohemia and ,moravia in ,march #aici1 were sufficiently similar to a state of belligerency to bring the laws of war into effect1 but such questions are academic for purposes of this case4 99 99 99 99 99 ,in connection with the charge of crimes against humanity1 it is also anticipated that an argument will be made by the defense to the effect that crimes committed by ,german nationals against other ,german nationals cannot constitute crimes against humanity as defined by ,article ,,ii of ,control ,council ,law ,no4 #aj and hence are not within the jurisdiction of this ,tribunal4 ,the evidence of the prosecution has proved that in substantially all of the experiments prisoners of war or civilians from ,german-occupied territories were used as subjects4 ,this proof stands uncontradicted save by general statements of the defendants that they were told by ,himmler or some unidentified person that the experimental subjects were all ,german criminals or that the subjects all spoke fluent ,german4 ,thus1 for the most part1 the acts here in issue constitute war crimes and hence1 at the same time1 crimes against humanity4 ,certainly there has been no proof whatever that an order was ever issued restricting the experimental subjects to ,german criminals as distinguished from non-,german nationals4 ,if1 in this or that minor instance1 the proof has not disclosed the precise nationality of the unfortunate victims or has even shown them to be ,germans1 we may rest assured that it was merely a chance occurrence4 ,be that as it may1 the prosecution does not wish to ignore a challenge to the jurisdiction of the ,tribunal even though it is of minor importance to this case4 ,one thing should be made clear at the outset3 ,we are not here concerned with any question as to jurisdiction over crimes committed before #a ,september #aici1 whether against ,german nationals or otherwise4 ,that subject has been mooted and is in issue in another case now on trial1 but the crimes in this case all occurred after the war began4 ,moreover1 we are not concerned with the question whether crimes against humanity must have been committed 8in execution of or in connection with any crimes within the jurisdiction of the ,tribunal40 ,the ,international ,military ,tribunal construed its ,charter as requiring that crimes against humanity be committed in execution of1 or in connection with1 the crime of aggressive war4 ,whatever the merit of that holding1 the language of the ,charter of the ,international ,military ,tribunal which led to it is not included in the definition of crimes against humanity in ,control ,council ,law ,no4 #aj4 ,there can be no doubt that crimes against humanity as defined in ,law ,no4 #aj stand on an independent footing and constitute crimes per se4 ,in any event1 the crimes with which this case is concerned were in fact all 8committed in execution of1 or in connection with1 the aggressive war40 ,this is true not only of the medical experiments1 but also of the ,euthanasia ,program1 pursuant to which a large number of non-,german nationals were killed4 ,the judgment of the ,international ,military ,tribunal expressly so holds4#abe ,thus1 it is clear that the only issue which is raised in this case as to crimes against humanity is whether the ,tribunal has jurisdiction over crimes committed by ,germans against ,germans4 ,does the definition of crimes against humanity in ,control ,council ,law ,no4 #aj comprehend crimes by ,germans against ,germans of the type with which this case is concerned8 ,the provisions of ,law ,no4 #aj are binding upon the ,tribunal as the law to be applied to the case4#abf ,the provisions of ,section #a7;c7 of ,article ,,ii are clear and unambiguous4 ,crimes against humanity are there defined as-- 8,atrocities and offenses1 including but not limited to murder1 extermination1 enslavement1 deportation1 imprisonment1 torture1 rape1 or other inhumane acts committed against any civilian population1 or persecutions on political1 racial1 or religious grounds whether or not in violation of the domestic laws of the country where perpetrated40 ,emphasis supplied4 ,the words 8any civilian population0 cannot possibly be construed to exclude ,german civilians4 ,if ,germans are deemed to be excluded1 there is little or nothing left to give purpose to the concept of crimes against humanity4 ,war crimes include all acts listed in the definition of crimes against humanity when committed against prisoners of war and the civilian population of occupied territory4 ,the only remaining significant groups are ,germans and nationals of the satellite countries1 such as ,hungary or ,romania4 ,it is one of the very purposes of the concept of crimes against humanity1 not only as set forth in ,law ,no4 #aj but also as long recognized by international law1 to reach the systematic commission of atrocities and offenses by a state against its own people4 ,the concluding phrase of the definition of crimes against humanity1 which is in the alternative1 makes it quite clear that crimes by ,germans against ,germans are within the jurisdiction of this ,tribunal4 ,it reads 8or persecutions on political1 racial1 or religious grounds whether or not in violation of the domestic laws of the country where perpetrated40 ,this reference to 8domestic laws0 can only mean discriminatory and oppressive legislation directed against a state's own people1 as for example1 the ,nuernberg ,laws against ,german ,jews4 ,emphasis supplied4 ,the matter is put quite beyond doubt by ,article ,,iii of ,law ,no4 #aj which authorizes each of the occupying powers to arrest persons suspected of having committed crimes defined in ,law ,no4 #aj1 and to bring them to trial 8before an appropriate tribunal40 ,paragraph #a7;d7 of ,article ,,iii further provides that-- 8,such ,tribunal may1 in the case of crimes committed by persons of ,german citizenship or nationality against other persons of ,german citizenship or nationality1 or stateless persons1 be a ,german court1 if authorized by the occupying authorities40 ,this constitutes an explicit recognition that acts committed by ,germans against other ,germans are punishable as crimes under ,law ,no4 #aj according to the definitions contained therein in the discretion of the occupying power4 ,this has particular reference to crimes against humanity1 since the application of crimes against peace and war crimes1 while possible1 is almost entirely theoretical4 ,if the occupying power fails to authorize ,german courts to try crimes committed by ,germans against other ,germans 7and in the ,american zone of occupation no such authorization has been given71 then these cases are tried only before non-,german tribunals1 such as these ,military ,tribunals4 ,what would be the effect of a holding that crimes by ,germans against ,germans can under no circumstances be within the jurisdiction of the ,tribunal8 ,is this ,tribunal to ignore the proof that tens of thousands of ,germans were exterminated pursuant to a secret decree1 because a group of criminals in control of a police state thought them 8useless eaters0 and an unnecessary burden1 or that ,german prisoners were murdered and mistreated by thousands in concentration camps1 in part by medical experimentation8 ,military ,tribunal ,,ii in the ,milch case held that crimes against nationals of ,hungary and ,romania were crimes against humanity4 ,there is certainly no reason in saying that there is jurisdiction over crimes by ,germans against ,hungarians but not against ,germans4 ,the judgment of the ,international ,military ,tribunal shows a clear recognition of its jurisdiction over crimes by ,germans against ,germans4 ,after reviewing a large number of inhumane acts in connection with war crimes and crimes against humanity1 the ,tribunal concluded by saying that-- 899 99 99 from the beginning of the war in #aici war crimes were committed on a vast scale1 which were also crimes against humanity2 and insofar as the inhumane acts charged in the indictment1 and committed after the beginning of the war1 did not constitute war crimes1 they were all committed in execution of1 or in connection with the aggressive war1 and therefore constituted crimes against humanity40#abg ,since war crimes are necessarily also crimes against humanity1 the broader definition of the latter can only refer to crimes not covered by the former1 namely1 crimes against ,germans and nationals of countries other than those occupied by ,germany4 ,moreover1 the prosecution in that case maintained that the inhumane treatment of ,jews and political opponents in ,germany before the war constituted crimes against humanity4 ,the ,tribunal said in this connection-- 8,with regard to crimes against humanity there is no doubt whatever that political opponents were murdered in ,germany before the war1 and that many of them were kept in concentration camps in circumstances of great horror and cruelty4 ,the policy of terror was certainly carried out on a vast scale1 and in many cases was organized and systematic4 ,the policy of persecution1 repression1 and murder of civilians in ,germany before the war of #aici1 who were likely to be hostile to the government1 was most ruthlessly carried out4 ,the persecution of ,jews during the same period is established beyond all doubt40#abh ,the ,tribunal was there speaking exclusively of crimes by ,germans against ,germans4 ,it held that such acts were not crimes against humanity1 as defined by the ,charter1 not because they were crimes against ,germans1 but because they were not committed in execution of1 or in connection with1 aggressive war4 ,indeed1 the ,tribunal went on to hold that the very same acts committed after the war began were crimes against humanity4 ,no distinction was drawn between the murder of ,german ,jews and ,polish or ,russian ,jews4 ,and1 moreover1 no distinction was drawn between criminal medical experimentation on ,german and non-,german concentration camp inmates or the murder of ,german and non-,german civilians under the ,euthanasia ,program4 ,the ,tribunal held them all to be war crimes and_/or crimes against humanity4 c4 ,selection from the ,argumentation of the ,defense ,,extracts ,,from ,,the ,,closing ,,brief ,,for ,,defendant ,,karl ,,brandt 99 99 99 99 99 ,the ,punishable ,crime ,against ,humanity ,the criminality of the crime against humanity is based on ,law ,no4 #aj of the ,control ,council for ,germany4 ,article ,,ii of this law states-- 8#a4 ,each of the following acts is recognized as a crime3 99 99 99 99 99 c4 ,crime against humanity 99 99 9940 ,the concept of the crime against humanity has not been established and it is questionable whether crimes against humanity according to ,law ,no4 #aj also refer to such acts as have been committed on ,german nationals by ,german nationals4 ,the decision of this question is of particular significance since the medical experiments with which the defendants are charged and the mercy killings executed were1 in the first place1 carried out on ,german nationals4 ,the question here is not to establish whether such acts are against humanity but whether they are crimes against humanity punishable according to ,law ,no4 #aj which were committed knowingly and willfully4 ,if measures taken against ,german nationals do not come under the law1 the evidence of the prosecution to be examined is restricted mainly to those cases in which certain foreigners were affected1 and in addition1 evidence must be produced proving that the defendant was aware of the fact that foreigners too had actually been involved by these measures4 ,it is to be understood from ,law ,no4 #aj that it is merely an implementation law to the ,london ,agreement of #h ,august #aide and the statute belonging to it4 ,this has been expressly stressed in the introduction1 and beyond that the ,london ,statute and the ,moscow ,declaration of #cj ,october #aidc have been declared inseparable components of the law according to ,article ,i4 ,the legally pre-eminent ,london ,statute therefore is decisive for the interpretation of the substantive law4 ,article #f7;c7 of this statute provides that crimes against humanity can be considered punishable only if they were committed 8in execution of or in connection with any crime within the jurisdiction of the ,tribunal 99 99 9904 ,this jurisdiction1 however1 extends only to crimes against peace and to war crimes4 ,the punishable crime against humanity1 therefore1 is restricted to the latter4 ,the prosecution1 however1 has only recently championed a different opinion4 ,in ,case #e before ,tribunal ,,iv1 the case against ,flick and others1#abi the prosecution declared in its opening statement on #ai ,april #aidg that the clause3 8in connection with a crime within the jurisdiction of the tribunal0 has a different meaning from what it expresses4 ,the clause is to signify that the ,tribunal is not to deal with individual crimes but only with such crimes as have been committed on a large scale and are therefore within the jurisdiction of the trial4 ,this meaning of the clause was not apparent to the ,international ,military ,tribunal1 the prosecutors of the signatory powers at that time1 nor to those who later commented on the verdict1 and ,i do not believe that one can agree with the newly established interpretation of the prosecution4 ,the decision of the ,international ,military ,tribunal is authoritative for the interpretation since it was pronounced by the judges of the signatory powers who were expressly appointed for application of the new law4 ,the high authority of the ,international ,military ,tribunal is emphasized by ,ordinance #g1 ,article ,x1 according to which its actual findings are binding for the later courts4 ,this ,international ,military ,tribunal1 however1 has ruled that the punishable crime against humanity is a dependent1 subsidiary crime and that it can only be considered a crime if it has been committed in connection with a war crime or a crime against peace4 ,the verdict of the ,international ,military ,tribunal#acj in rejecting the criminality of crimes against humanity committed prior to the war states the following3 8,the ,tribunal is of the opinion that revolting and horrible as many of these crimes were1 it has not been satisfactorily proved that they were done in execution of1 or in connection with1 any such crime40 ,the prosecution before the ,international ,military ,tribunal has on its part endeavored to prove such a connection2 this would not have been necessary if it had not considered this connection a part of the specification of the crime against humanity4 ,professor ,donnedieu de ,vabres1 the ,french judge of the ,international ,military ,tribunal1 expressed his attitude to this limitation of the punishable crime against humanity after the pronouncement of the verdict in a lecture quoted by the prosecution in the ,flick case2#aca his opinion can be considered important4 ,the ,french judge deplores the limitation of the crime against humanity1 but he confirms it4 ,this limitation is no figment of the imagination but the necessary result of the prevailing international law2 it has its origin in the concept of sovereignty4 ,it is the purport of the ,moscow ,declaration and the ,london ,statute1 both of which have been incorporated into ,law ,no4 #aj1 to deal only with the crimes that affect the relations between nations4 ,these relations are to be safeguarded and for that reason crimes are to be punished which are significant according to international law and which are connected with war crimes and crimes against peace4 ,the 8international0 crimes are to be punished4 ,this significance of the international crime to be understood from the point of view of international law is especially clearly expounded in a book written by ,professor ,trainin who was the official advisor on judicial matters for the ,soviet ,union in the proceedings in ,case ,i1 the ,international ,military ,tribunal4 ,this is a book entitled 8,the ,criminal ,responsibility of the ,hitlerites0 published by the ,law ,institute1 ,academy of ,science in the ,soviet ,union1 through edited by the academician ,vishinsky4 ,the book was written at the time the statute originated4 ,according to this1 it is not the meaning and purpose of 8international criminal law0 to impose punishment for crimes which have no effect beyond the borders of their own country and which do not involve the sphere of international law4 ,the fact that no thought was given to punishment of crimes committed within the borders of ,germany is evident from the ,moscow ,declaration of #cj ,october #aidc4 ,in this declaration crimes are mentioned exclusively which have been committed in other countries to which the accused are to be returned4 ,if there could still be doubts with regard to the interpretation of the subsidiary nature of the crime against humanity1 these doubts are eliminated by the ,berlin ,addendum ,minutes ,zusatzprotokoll added to the statute1 dated #f ,october #aide4 ,in these minutes the subsidiary nature of the crime against humanity is elucidated by means of a correction1 the apparent insignificance of which is the very thing that serves to emphasize its importance4 ,according to this1 the four ,allied ,main ,powers1 as the signatories of the statute1 meet again only for the purpose of transforming a semicolon into a comma and it appears in the minutes that this was done because the meaning and intentions of the agreements and the statute require it4 ,article #f 7c7 of the statute was originally worded as follows and even at present is reproduced in many copies in the same form as far as punctuation is concerned3 87c7 ,,crimes ,,against ,,humanity3 namely1 murder1 extermination1 enslavement1 deportation1 and other inhumane acts committed against any civilian population1 before or during the war #82' or persecutions on political1 racial or religious grounds in execution of or in connection with any crime within the jurisdiction of the ,tribunal1 whether or not in violation of the domestic law of the country where perpetrated40 ,the wording of the ,berlin ,addendum ,minutes ,protocol dated #f ,october #aide in this context reads as follows3#acb 8,whereas an ,agreement and ,charter regarding the ,prosecution of ,war ,criminals was signed in ,london on the #hth ,august #aide1 in the ,english1 ,french1 and ,russian languages1 8,and whereas a discrepancy has been found to exist between the originals of ,article #f1 paragraph 7c71 of the ,charter in the ,russian language1 on the one hand1 and the originals in the ,english and ,french languages1 on the other1 to wit1 the semicolon in ,article #f1 paragraph 7c71 of the ,charter between the words #8war' and #8or'1 as carried in the ,english and ,french texts1 is a comma in the ,russian text1 8,and whereas it is desired to rectify this discrepancy3 8,,now1 ,,therefore1 the undersigned1 signatories of the said ,agreement on behalf of their respective ,governments1 duly authorized thereto1 have agreed that ,article #f1 paragraph 7c71 of the ,charter in the ,russian text is correct1 and that the meaning and intention of the ,agreement and ,charter require that the said semi-colon in the ,english text should be changed to a comma1 and that the ,french text should be amended to read as follows3 87c7 ,,les ,,crimes ,,contre ,l',,humanite3 c'est dire l'assassinat1 l'extermination1 la rduction en esclavage1 la dportation1 et tout autre acte inhumain commis contre toutes populations civiles1 avant on pendant la guerre1 ou bien les perscutions pour des motifs politiques1 raciaux1 ou rligieux1 lorsque ces actes ou perscutions1 qu'ils aient constitu ou non une violation du droit interne du pays o ils ont t perptrs ont t commis la suite de tout crime rentrant dans la comptence du ,tribunal1 ou en liaison avec ce crime4 8,in witness whereof the ,undersigned have signed the present ,protocol4 8,done in quadruplicate in ,berlin this #fth day of ,october #aide1 each in ,english1 ,french1 and ,russian1 and each text to have equal authenticity4 ,for the ,government of the ,united ,states of ,america3 ,signature ,,robert ,h4 ,,jackson ,for the ,provisional ,government of the ,french ,republic3 ,signature ,,fran,,ois ,,de ,,menthon ,for the ,government of the ,united ,kingdom of ,great ,britain and ,northern ,ireland3 ,signature ,,hartley ,,shawcross ,for the ,government of the ,union of ,soviet ,socialist ,republics3 ,signature ,r4 ,,rudenko0 ,obviously it was no printing error which simply would have been corrected4 ,this is rather a carefully thought out limitation on the part of the ,signatory ,powers which was clarified unmistakably4 ,without this limitation1 a precedent of decisive significance would have been created for international law for the possibility would have existed to prosecute at any time alleged crimes against humanity in a different country4 ,according to this1 the socialist states would have assailed the social conditions in capitalistic countries as crimes against humanity1 and vice versa the capitalistic states could have replied to the measures of the socialist countries with an intervention as experienced by the young ,bolshevist ,revolution in #aiai4 ,precisely that however was to be prevented by not recognizing an independent crime against humanity for the protection of sovereign states4 ,professor ,donnedieu de ,vabres has particularly mentioned this point of view in his lecture as a decisive point of view of the ,international ,military ,tribunal4 ,the same restrictive view of this question is taken in the latest ,international ,law of the ,united ,nations ,organization 7,,uno71 ,chapter ,i1 ,article #b1 paragraph #g of the resolution of ,san ,francisco1 concerning the establishment of ,,uno1 dated #bf ,june #aide1 reads that an interference in matters which are within the jurisdiction of the country is inadmissible4 ,accordingly it is a fixed principle of international law even today that proceedings within a state cannot entail sanction2 spoken in the words of the statute1 there are no independent crimes against humanity1 which might be punished as international crimes4 ,the opinion of ,hugo ,grotius and his numerous adherents is rejected and is no longer valid as international law today4 ,interventions from points of view of humanity are declined1 as their motive seems suspicious to the states4#acc ,decisive alone is the practice of the members of the body of the nations who have agreed on international law 7,voelkerrechtsgemeinschaft7 and the existing agreements on international law4 ,these legal realities must be contrasted with the extravagant opinion1 which believes that the protection of humanity can only be safeguarded by a kind of international sovereignty limited by the sovereignty of the individual states4 ,this would be an aim which we would most sincerely desire to attain1 but practice shows that there are plenty of crimes against humanity even today1 but no institution which has the power to punish them4 ,there will never be such an institution1 except insofar as it concerns the totally vanquished after a total war1 to which in the future every war must lead4 ,another point of view is quoted too which1 in face of the decision of the ,,imt and while avoiding a precedent1 will make crimes against humanity independent1 at least insofar as application in ,germany is concerned1 with the effect that crimes of ,germans against ,germans could be punished by the military tribunals of the occupying power4 ,it is maintained that the authority of the ,control ,commission for ,germany with regard to national law gave them the power to extend the scope of punishment for crimes against humanity1 independent of the statute4 ,this is opposed by the elementary principle of international law that the legislative authority of an occupying power only begins with the moment of occupation and therefore can have no retrospective force4 ,this principle is not in opposition to the theory that international law acknowledged a so-called 8retrospectiveness0 for war crimes in a wider sense1 for this retrospectiveness only refers to the 8international crimes0 which are effective outside of one's own country and have an immediate influence from the point of view of international law4 ,there it serves to carry through international penal law1 the realization of which would otherwise be impossible4 ,here the so-called retrospectiveness means nothing else but that international law takes precedence over national law4 ,this international point of view can have no value for national law4 ,if a different rule were in operation1 all persons who supported the political opponent1 i4 e41 the so-called 8patriots0 might be punished after the occupation of a country1 and ,hitler's ,commissar ,order ,kommissar-,befehl according to which all active ,communists were to be shot1 would be sanctioned1 because they were ,communists and because of that were declared enemies of mankind1 i4 e4 8criminals against humanity40 ,such a checking of the 8morals0 of the enemy seems inadmissible2 the checking of the conditions in one's own country is a matter for the people itself2 the latter may1 on account of its laws1 or in a revolution1 prosecute its compatriots itself1 on the grounds of their behavior4 ,the ,,imt kept just to this fundamental idea of the statute and one cannot push this law aside arbitrarily by declaring on political grounds that in order to secure peace and democracy all actions committed formerly in the country must be punished as crimes against humanity4 ,by such an interpretation of the authority in national law you would place yourself in strong opposition to the proclamation of ,general ,eisenhower on the occasion of the occupation of ,germany2 this was incorporated in ,law ,no4 #a of ,military ,government1 and the following was decreed under threat of death in case of violation3 8,accusation may only be brought in1 sentence only be passed and punishment be inflicted1 if a law which was in force at the time when the act was committed expressly declares this action punishable4 ,punishment of acts as a result of application of analogy or according to the opinion of the #8sound popular feeling' is prohibited40 ,then attempts were made to support the unlimited legislative right of the occupying power by other means1 and they referred to a 8debellatio0 or 8quasi-debellatio0 or to the fact that ,germany had capitulated unconditionally4 ,disregarding the fact that no debellatio is in hand and that only the ,allies pronounce themselves occupying powers1 and1 without mentioning that ,grossadmiral ,doenitz#acd had no valid authority to renounce the protective international law for the ,german people1 the valid law is clearly laid down in the ,hague ,convention4 ,the regulations contained there in ,chapter ,,iii have been created just for a capitulation situation and regulate the right of occupation4 ,unconditional capitulation does not mean renunciation of the protection of international law nor submission to arbitrariness and illegality2 but capitulation within the framework of the war conventions1 i4 e41 within the framework of the ,hague ,convention4 ,these provisions of the ,hague ,convention are not only valid for the time of actual fighting1 but must be valid also for the time after cessation of the actual hostilities until the peace treaty4 ,the fundamental idea of the ,hague ,convention is the protection of the population against the arbitrariness of the enemy1 and it cannot be permitted that after cessation of hostilities stricter rules may be applied to the inhabitants of an occupied territory than during the time of actual fighting4 ,in the time when the occupying power hardly seems endangered any more the arbitrariness of a belated punishment of political opponents for actions1 which they did in their own country according to the laws of their own country1 must not rule4 ,law ,no4 #aj cannot disregard this international law1 which was acknowledged by the ,international ,military ,tribunal after it had been issued and this ,tribunal will have to check the authority of the ,control ,commission and watch that no measures are taken of which the participating peoples of the ,signatory ,states are not informed officially1 as the decisive laws were submitted to no special ratification4 ,thus we come to the conclusion that the crime against humanity of ,law ,no4 #aj must be the same as that of the statute4 ,bound to a war crime it cannot be applied to actions of ,germans against ,germans4 ,connected with a crime against peace you can imagine such crimes against ,germans1 but these crimes must be in the execution of or in connection with a crime against peace4 ,so at least there must be a close connection with a certain crime4 ,certainly it cannot be sufficient1 therefore1 that an act against a ,german is committed during a war and objectively furthered the war1 but the perpetrator must have known that his action was in connection with a certain crime against peace1 even if he himself were not guilty of it4 ,without this limit1 all hard measures1 which are taken during a war even against one's own population1 as for example against conscientious objectors and saboteurs1 ought to be punished as crimes against humanity in connection with a crime against peace1 if this war is declared to be an aggressive one by the enemy1 after it has been lost4 ,therefore certain things must be in hand which make the crime obvious and prove the connection4 ,if you were to decide otherwise the well-formulated specifications of the statute would be superfluous1 and likewise the protection of the population by the ,hague ,convention would be set aside in an inadmissible way1 as the execution of every ordered war measure can be declared 8inhuman04 ,this interpretation of the subsidiary nature of the crime against humanity is confirmed1 if one ascertains what the real crime against humanity itself is primarily supposed to be4 ,in the ,flick#ace case the prosecution tried to make a definition from ,article #f 7c7 of the statute4 ,they referred to the clause 8in connection with a crime within the jurisdiction of the court01 and interpreted this as follows3 ,that crimes of especially large proportions must be in question1 since the ,international ,military ,tribunal should only deal with such4 ,such an interpretation cannot be maintained1 as the ,international ,military ,tribunal is competent for the most insignificant war crime too1 and for every crime against peace1 regardless of its dimensions4 ,it must be admitted that the statute does not contain a definition at all and that characteristics of a crime against humanity are not stipulated4 ,if you want to find such a specification for an independent crime against humanity1 which is detached from crimes against peace and war crimes1 you can only fall back on the notorious 8sound feeling0 and you will get lost in the void1 because its limits are not fixed1 but shift according to the political wish4 ,here you can point to the fact that ,germany's unrestrained ,u-boat war during the ,first ,world ,war was then pilloried as a crime against humanity and caused ,america to enter the war4 ,during ,world ,war ,,ii1 however1 the same manner of warfare was used by the ,,usa against ,japan2 this was cleared up before the ,international ,military ,tribunal by an affidavit of ,admiral ,nimitz4#acf ,the answer to the question as to what the crime against humanity itself consists of can only be given from the examples of the statute and can be supported by the interpretation which the ,international ,military ,tribunal has given4 ,according to this the crime against humanity is the aggravation of a war crime or a crime against peace4 ,it differs from these crimes by its dimension1 its system1 and the manner of execution4 ,this can be deduced from the wording of the text of the statute where as typical examples are quoted3 8extirpation1 enslavement1 deportation04 ,in cases of crimes against humanity1 according to this1 actions must be in question which are punishable in themselves already1 but in addition to this go further and are extended1 so that they are 8qualified0 crimes4 ,the dimension of the crimes is confirmed by the wording of the ,russian text1 which does not mention 8homicide0 but 8homicides0 in the plural1 and not 8persecution0 but 8persecutions0 in the plural4 ,the ,russian text of ,law ,no4 #aj is worded similarly4 ,this opinion is confirmed in two places by the decision of the ,international ,military ,tribunal4 ,the question of crimes against humanity is specially dealt with there in the section 8,war ,crimes and ,crimes against ,humanity01#acg and in the section 8,the ,law ,relating to ,war ,crimes and ,crimes against ,humanity04#ach ,here the actions which are pronounced as crimes against humanity are characterized as perpetrated 8on a large scale0 and as 8methodically0 and 8systematically0 executed4 ,they are called 8terror politics0 and are called 8terrible and brutal0 as well as 8utterly ruthless01 8deterrent and horrible04 ,not isolated murder nor isolated imprisonment nor the isolated boycotting of a ,jew is meant1 but only a general measure which violates 8the most elementary laws of humanity04 ,these are not actions which an individual can execute alone2 he needs organized help for that4 ,therefore the perpetrator can only be a commander2 he who obeys is his tool and can only become a punishable assistant4 ,here the individual does not act from his own criminal motive1 but he acts according to order and higher instruction4 ,therefore the motive of the action is basically political4 ,above all1 the ,hague ,convention had in mind common crimes of individuals1 which are rejected by the states themselves and which they themselves prosecute by penal law in the interest of humanity4 ,for this purpose the states had issued corresponding national laws4 ,in the development of this idea1 it is from now on a question of preventing political measures1 which are methodically carried through by the state1 by international penal law1 i4 e41 measures which are rejected by the ,international ,military ,tribunal as 8barbaric methods0 and as 8methods for breaking every resistance40 ,the rejection of such methods as crimes against humanity was expressed for the first time in the ,hague ,convention ,annex in ,article #bb1 according to which the belligerent nations have no unlimited right in the choice of means for doing damage to the enemy4 ,now the perpetrators of these actions are to be punishable4 ,which means are still permitted in battle1 however1 and which methods are still admissible1 can only be gathered from the practice of the states4 ,if you look for an independent measuring rod for humanity1 you must establish that things seem still admissible which force us to stop a moment4 ,the destruction of hundreds of thousands of inhabitants of an unprotected city by bomb carpets and the use of the atomic bomb makes a discussion rather senseless1 as humanity did not object to these horrors1 which in future will even be surpassed4 ,this measuring rod must not be forgotten if you proceed to the judgment of the crimes against humanity of which people are accused here4 ,if such monstrosities are deemed admissible on one side1 while similar actions on the part of the enemy are condemned1 the judgment of humanity can only depend on the approval or disapproval of the purpose and aim1 and thereby loses the name of justice4 ,the firm ground on which the punishable crime against humanity rests1 can only be the proved war crime or a definite crime against peace4 ----- #aai ,trial of the ,major ,war ,criminals1 vol4 ,i1 pp4 #bec-bee1 ,nuremberg1 #aidg4 #abj ,ibid41 p4 #bed4 #aba ,closing statement is recorded in mimeographed transcript1 #ad ,july #aidg1 pp4 #ajgah-ajgif4 #abb ,trial of the ,major ,war ,criminals1 vol4 ,i1 p4 #bah1 ,nuremberg1 #aidg4 #abc ,control ,council ,law ,no4 #aj1 ,article ,,iii1 par4 #a7;d7 and #b1 ,military ,government ,ordinance ,no4 #g1 ,article ,,ii4 #abd ,trial of the ,major ,war ,criminals1 vol4 ,i1 p4 #bah1 ,nuremberg1 #aidg4 #abe ,ibid41 pp4 #bca1 #bdg1 #beb1 #bed1 #cja4 #abf ,ibid41 pp4 #agd1 #bec4 #abg ,ibid41 pp4 #bed1 #bee4 #abh ,ibid4 #abi ,united ,states vs4 ,friedrich ,flick1 et al4 ,see ,vol4 ,,vi4 #acj ,trial of the ,major ,war ,criminals1 vol4 ,i1 p4 #bed1 ,nuremberg1 #aidg4 #aca ,lecture of ,professor ,donnedieu de ,vabres1 ,association des ,etudes ,internationales 8,le ,procs de ,nuremberg40 ,library of the ,international ,military ,tribunal ,,xii #bei4 #acb ,translation of ,protocol in this brief differed from original ,english copy4 ,authentic ,english version has been inserted here4 #acc ,compare literature of the ,soviet ,union4 7,karl ,brandt #ahh not introduced in evidence47 #a4 ,history of the all-,soviet ,communist ,party 7,bolshevists74 ,under the editorial management of the commission of the ,central ,committee of the ,communist ,party #aich 7,bolshevists7 approved by the ,central ,committee of the ,communist ,party ,,ogis ,state ,publishing ,office for ,political ,literature #aide1 chapter #h3 8,the party of the ,bolshevists during foreign military intervention and the ,civil ,war #aiah-aibj1 page #bae4 #b4 8,intervention10 play in #d acts by ,salawin ,slavin #aidj1 ,moskau ,moscow-,leningrad 7,karl ,brandt #abg not introduced in evidence74 #acd ,defendant before ,international ,military ,tribunal4 ,see ,trial of the ,major ,war ,criminals1 ,vols4 ,i-,,xlii1 ,nuremberg1 #aidg4 #ace ,united ,states vs4 ,friedrich ,flick1 et al4 ,see ,vol4 ,,vi4 #acf ,trial of the ,major ,war ,criminals1 vol4 ,,xvii1 pp4 #cgg-cha1 ,nuremberg1 #aidh4 #acg ,ibid41 vol4 ,i1 pp4 #bbf-bbh4 #ach ,ibid41 vol4 ,i1 pp4 #bec-bee4 ,b4 ,responsibility of ,superiors for ,acts of ,subordinates a4 ,introduction ,defendants who were in high positions in the ,german medical service rejected responsibility for the alleged criminal conduct of their subordinates4 ,the prosecution argued that it 8would be an unforgivable miscarriage of justice to punish the doctors who worked on the victims in the concentration camps while their superiors1 the leaders1 instigators1 and organizers go free40 ,the prosecution1 for example1 argued that ,karl ,brandt held supreme authority over all medical services in ,germany1 both military and civilian2 that ,handloser was the ,chief of the ,medical ,services in the ,wehrmacht2 that ,rostock was ,karl ,brandt's deputy charged with the task of 8centrally coordinating and directing the problems and activities of the entire medical and health service0 in the field of science and research2 that ,schroeder was the ,chief of the ,medical ,service of the ,luftwaffe2 that ,genzken was the ,chief of the ,medical ,service of the ,waffen ,,ss2 that ,blome was the ,deputy ,reich ,health ,leader2 and that these men were clearly responsible for the acts of their subordinates in their respective sectors4 ,the prosecution's summation of evidence on this question has been taken from the closing statement which appears below on pages #ibf to #icf4 ,extracts from the final pleas for the defendants ,karl ,brandt1 ,schroeder1 ,rostock1 and the closing briefs for ,handloser1 ,genzken1 and ,blome appear on pages #icf to #ieg4 b4 ,selection from the ,argumentation of the ,prosecution ,,extract ,,from ,,the ,,closing ,,statement ,,of ,,the ,,prosecution#aci 99 99 99 99 99 ,the ,responsible ,leaders of the ,medical ,services ,in view of the clear and overwhelming proof1 it can only be concluded that the practice of experimentation on concentration camp inmates without their consent was an organized and systematic program4 ,it is1 therefore1 appropriate to consider whether we have in this dock the leaders of the ,german medical services without whom these crimes would not have been possible4 ,it would be an unforgivable miscarriage of justice to punish the doctors who worked on the victims in the concentration camps while their superiors1 the leaders1 organizers1 and instigators go free4 ,it has been established beyond controversy that these things could not have happened without cover from the top4 ,who1 then1 were these men on the top8 ,their survivors1 with one exception1 are all in this dock4 ,in the number one seat we have the defendant ,karl ,brandt4 ,he held supreme authority over all the medical services in ,germany1 both military and civilian4 ,he joined the ,nazi ,party in ,january #aicb and the ,,ss in #aicd1 in which he rose to the rank of ,gruppenfuehrer ,major ,general4 ,in the latter year1 at the age of #cj1 he became the attending physician to ,adolf ,hitler and retained this position until #aide4 ,his close personal relationship to the ,fuehrer explains his rapid rise to power4 ,on the day ,poland was invaded in #aici1 ,hitler ordered ,brandt and ,philipp ,bouhler1 the ,chief of the ,chancellery of the ,fuehrer1 to carry out the so-called ,euthanasia ,program4 ,aside from his personal influence and intimate connection with ,hitler1 ,brandt's greatest power in the medical services came from his position as ,general ,commissioner and later ,reich ,commissioner of the ,health and ,medical ,services4 ,as a result of the disastrous winter campaign in the ,east in #aida1 ,hitler established for the first time a medical and health official under his direct control by decree of #bh ,july #aidb4 ,this decree made ,brandt the supreme authority over all medical services in ,germany4 ,it stated in part as follows3 8,i empower ,professor ,dr4 ,karl ,brandt1 subordinate only to me personally and receiving his instructions directly from me1 to carry out special tasks and negotiations1 to readjust the requirements for doctors1 hospitals1 medical supplies1 etc41 between the military and the civilian sectors of the ,health and ,medical ,services4 ,my plenipotentiary for ,health and ,medical ,services is to be kept informed about the fundamental events in the ,medical ,services of the ,wehrmacht and in the ,civilian ,health ,service4 ,he is authorized to intervene in a responsible manner40 7,,no-#jhj1 ,pros4 ,ex4 #e47 ,by the same decree chiefs were also commissioned for the ,medical ,services of the ,wehrmacht and the ,civilian ,health ,service4 ,the defendant ,handloser became ,chief of the ,medical ,services of the ,wehrmacht1 while ,dr4 ,leonardo ,conti1 ,state ,secretary for ,health and the ,reich ,health ,leader1 was made ,chief of the ,civilian ,health ,services4 ,brandt was the superior of both ,handloser and ,conti1 and through them had extensive powers over the ,army1 ,navy1 ,luftwaffe1 ,waffen ,,ss1 and ,civilian ,medical ,services4 ,brandt stood at the apex of power4 ,he was subordinated to no one save the ,fuehrer4 ,he was the man to act for the ,fuehrer in medical matters4 ,the decree authorized ,brandt 8to intervene in a responsible manner0 and directed that he be kept informed of 8fundamental events04 ,certainly nothing could be more fundamental than a policy of performing medical experiments involving the torture and death of involuntary human subjects4 ,on #e ,september #aidc ,hitler issued a second decree empowering ,brandt 8with centrally coordinating and directing the problems and activities of the entire medical and health services 99 99 9904 7,,no-#jha1 ,pros4 ,ex4 #f47 ,the order expressly stated that ,brandt's authority covered the field of medical science and research4 ,shortly following the issuance of this decree1 the defendant ,rostock was appointed by ,brandt as ,chief of the ,office for ,science and ,research1 with plenary powers in that field4 ,finally1 on #be ,august #aidd1 the ,fuehrer elevated ,brandt to ,reich ,commissioner for the ,health and ,medical ,services and stated that in this capacity 8his office ranks as highest ,reich authority40 ,brandt's position was thus equivalent to that of a ,reich ,minister4 ,he was authorized 8to issue instructions to the offices and organizations of the ,state1 ,party1 and ,wehrmacht1 which are concerned with the problems of the ,medical and ,health ,services04 7,,no-#jhb1 ,pros4 ,ex4 #g47 ,it is clear that this decree was issued to resolve a struggle for power between ,brandt and ,conti4 ,certainly the decree does no more than give ,brandt a more august title and restate his powers1 powers which he had already received as early as ,july #aidb4 ,brandt testified that it merely 8strengthened0 his position4 ,a service regulation issued by ,keitel for ,handloser1 as ,chief of the ,medical ,services of the ,wehrmacht1 at a time when ,brandt was still ,general ,commissioner1 provided that ,handloser was subject to the 8general rules of the ,fuehrer's ,commissioner ,general for the ,medical and ,health ,services0 and that ,brandt had to be informed of the 8basic events0 in the field of the ,medical ,services of the ,wehrmacht4 ,in a pretrial affidavit the defendant ,handloser stated that after he became ,chief of the ,medical ,services of the ,wehrmacht on #bh ,july #aidb 8,brandt was my immediate superior in medical affairs40 7,,no-#ddc1 ,pros4 ,ex4 #aj47 ,schroeder stated that 8,karl ,brandt1 ,handloser1 and ,rostock were informed of the medical research work conducted by the ,luftwaffe40 7,,no-#ddi1 ,pros4 ,ex4 #acj47 ,in addition to his position as ,general and ,reich ,commissioner of the ,health and ,medical ,services1 ,brandt was also a member of the ,presidential ,council of the ,reich ,research ,council1 an organization which gave financial support for criminal experiments4 ,in the number two seat is the defendant ,handloser who held supreme power over the medical services of all branches of the ,wehrmacht4 ,early in #aida he was appointed ,army ,medical ,inspector and ,army ,physician ,army ,medical ,chief 7,heeresarzt74 ,he held these positions until ,september #aidd and as such had complete command over the entire ,army ,medical ,services which was by far the largest of the medical branches of the ,wehrmacht4 ,in his capacity as ,army ,medical ,inspector1 ,handloser had subordinated to him the ,consulting ,physicians of the ,army1 the ,military ,medical ,academy1 the ,typhus and ,virus ,institutes of the ,,okh at ,krakow and ,lemberg ,lvov1 and the ,medical ,school for ,mountain ,troops at ,st4 ,johann4 ,he attained the rank of ,generaloberstabsarzt1 the highest military medical rank4 ,on #bh ,july #aidb1 ,handloser was elevated to the newly created position of ,chief of the ,medical ,services of the ,wehrmacht4 ,this was the same decree which appointed ,brandt ,general ,commissioner1 to whom ,handloser1 on the military side1 and ,conti1 on the civilian side1 were subordinated4 ,handloser was charged with the coordination of the ,medical ,services of the ,wehrmacht and all organizations and units subordinated or attached to the ,wehrmacht1 including the ,medical ,services of the ,waffen ,,ss4 ,prior to this decree there were four separate medical branches of the ,wehrmacht1 the ,army1 ,luftwaffe1 ,navy1 and ,waffen ,,ss1 each operating independently of the other4 ,pursuant to this decree1 ,handloser was appointed to coordinate and unify their operations and was directly responsible to ,keitel as ,chief of the ,supreme ,command of the ,wehrmacht 7,,okw74 ,he had authority over the ,chiefs of the ,army1 ,navy1 ,luftwaffe1 and ,waffen ,,ss ,medical ,services1 and all organizations and services employed within the framework of the ,wehrmacht1 and over 8all scientific medical institutes1 academies1 and other medical institutions of the services of the ,wehrmacht and of the ,waffen ,,ss40 ,emphasis added4 7,,no-#bbg1 ,pros4 ,ex4 #aa47 ,he was the adviser of the ,chief of the ,supreme ,command and of the ,wehrmacht in all questions concerning the medical services of the ,wehrmacht and of its health guidance4 ,in the field of medical science1 his duties were to carry out uniform measures in the field of health guidance1 research and combating of epidemics1 and all medical matters which required a uniform ruling among the ,wehrmacht1 and further1 in the evaluation of medical experiences4 ,one of the principal means used by the defendant ,handloser in coordinating scientific research was the joint meeting of consulting physicians of the four branches of the ,wehrmacht4 ,at the ,second ,meeting ,east of ,consulting ,physicians in ,december #aidb at the ,military ,medical ,academy1 ,handloser himself pointed out quite clearly the task of the ,chief of the ,medical ,services of the ,wehrmacht in unifying medical scientific research4 ,in addressing the full meeting he said3 8,the demands and extent of this total war1 as well as the relationship between needs and availability of personnel and material1 require measures1 also in military and medical fields1 which will serve the unification and unified leadership4 ,it is not a question of #8marching separately and battling together'1 but marching and battling must be done in unison from the beginning in all fields4 8,as a result1 with respect to the military sector1 the ,wehrmacht ,medical ,service and with it the ,chief of the ,medical ,services of the ,wehrmacht came into being4 ,not only in matters of personnel and material--even as far as this is possible in view of special fields and special tasks which must be considered--but also with a view to medical scientific education and research1 our path in the ,wehrmacht ,medical ,service must and will be a unified one4 ,accordingly1 the group of participants in this ,second ,work ,conference ,east1 which ,i have now opened1 is differently composed from the ,first ,work ,conference in ,may of this year4 ,then it was a conference of the army2 today the three branches of the ,wehrmacht1 the ,waffen ,,ss and ,police1 the ,labor ,service and the ,organization ,todt are participating and unified4 8,you will surely permit that ,i greet you with a general welcome and with the sincere wish that our common work may be blessed with the hoped for joint success4 8,i would1 however1 like to extend a special greeting to the ,reich ,chief of ,health ,services1 ,under ,secretary ,conti1 who holds the central leadership of medical services in the civilian sector4 ,i see in his presence not only an interest in our work themes1 but the expression of his connection with the ,wehrmacht ,medical ,service and his understanding of the special importance of the ,wehrmacht in the field as well as at home4 ,i need not emphasize that we are as one in the recognition of the necessity to assure and ease the mind of the soldier1 that he need not worry about the physical well-being of the homeland as far as this is within the realm of possibility in wartime40 7,,no-#ibb1 ,pros4 ,ex4 #dce47 ,again1 at the ,fourth ,meeting of ,consulting ,physicians in ,may #aidd the defendant ,karl ,brandt stressed the importance of ,handloser's position1 saying-- 8,generaloberstabsarzt ,handloser1 you1 a soldier and a physician at the same time1 are responsible for the use and the performance of our medical officers4 99 99 99 99 99 8,i believe1 and this probably is the sole expectation of all concerned1 that this meeting which today starts in ,hohenlychen will be held for the benefit of our soldiers4 ,the achievements to date of your physicians1 ,herr ,generaloberstabsarzt1 confirm this unequivocally1 and their readiness to do their share makes all of us proud and--,i may also say--confident4 99 99 99 99 99 8,it is good simply to call these things by their names and to look at them as they are4 ,this meeting is the visible expression of it--it is1 it shall be1 and it must be so in every respect2 the consulting physicians are gathered around their medical chief4 ,when ,i look at these ranks1 you ,generaloberstabsarzt ,handloser1 are to be envied2 medical experts1 with the best and most highly trained special knowledge1 are at your disposal for care of the soldiers4 ,in reciprocal action between yourself and your medical officers1 the problem of our medical knowledge and capacity are kept alive40 7,,no-#ibd1 ,pros4 ,ex4 #dcg47 ,this was no accolade paid to a man without power and influence4 ,if ,handloser is not responsible for the crimes committed by the medical services of the ,wehrmacht1 and especially of the ,army and ,luftwaffe1 then no one is responsible4 ,in the number three seat we have the defendant ,rostock who1 as ,brandt's special deputy1 was charged with the task of 8centrally coordinating and directing the problems and activities of the entire ,medical and ,health ,services0 in the field of science and research4 ,even prior to his appointment to that position in the fall of #aidc1 ,rostock was one of the responsible leaders of the ,german medical profession4 ,in #aidb he was appointed ,dean of the ,medical ,faculty of the ,university of ,berlin4 ,in the same year he became consulting surgeon to ,handloser as the ,army ,medical ,inspector4 ,he attained the rank of ,generalarzt4 ,as ,chief of the ,office for ,science and ,research under ,brandt1 it was ,rostock's task to coordinate scientific research in ,germany4 ,he received reports as to the issuance of research assignments by the various agencies in ,germany and determined which of such assignments should be considered 8urgent04 ,he also served as ,brandt's alternate on the ,reich ,research ,council4 ,in the number four seat we have the defendant ,schroeder1 who from #a ,january #aidd until the end was the ,chief of the ,medical ,service of the ,luftwaffe4 ,from #aice until ,february #aidj ,schroeder was ,chief of ,staff to his predecessor1 ,erich ,hippke as ,luftwaffe ,medical ,inspector4 ,from ,february #aidj until ,january #aidd he served as ,air ,fleet ,physician of ,air ,fleet #b1 when he replaced ,hippke as ,chief of the ,medical ,service of the ,luftwaffe4 ,simultaneously he was promoted to the rank of ,generaloberstabsarzt4 ,as ,chief of the ,medical ,service of the ,luftwaffe1 all medical officers of the ,german ,air ,force were subordinated to him4 ,his position and responsibility are clear and unequivocal4 ,in seat number five is the defendant ,genzken1 who1 as ,chief of the ,medical ,service of the ,waffen ,,ss1 was one of the highest ranking medical officers in the ,,ss4 ,he joined the ,nazi ,party in #aibf and in #aicf he went on active duty with the ,,ss in the ,medical ,office of the ,,ss ,special ,service disposal ,troops ,,ss ,verfuegungstruppe1 which subsequently became the ,waffen ,,ss4 ,in the spring of #aicg the ,medical ,office of the ,,ss was enlarged and split into two departments4 ,genzken was made director of the department charged with the supply of medical equipment to and the supervision of medical personnel in the concentration camps4 ,in this capacity he was the medical adviser to the notorious ,eicke1 predecessor of ,pohl as the commander of all concentration camps4 ,sachsenhausen1 ,dachau1 ,buchenwald1 ,mauthausen1 ,flossenbuerg1 and ,neuengamme1 among others1 were under the medical supervision of ,genzken4 ,few men could have been better advised as to the systematic oppression and persecution of the hapless prisoners of these institutions4 ,in ,may #aidj1 ,genzken became ,chief of the ,medical ,office of the ,waffen ,,ss in the ,,ss ,operational ,headquarters1 with the rank of ,oberfuehrer4 ,the ,,ss ,operational ,headquarters was subordinated to ,gruppenfuehrer ,hans ,juettner and was one of the twelve main offices of the ,supreme ,command of the ,,ss4 ,while ,juettner was ,genzken's military superior1 his technical or medical superior was ,reichsarzt ,,ss ,grawitz for whom he served as deputy on many occasions4 ,in #aidb his position became known as ,chief of the ,medical ,service of the ,waffen ,,ss1 ,division ,d of the ,,ss ,operational ,headquarters4 ,he attained the rank of ,gruppenfuehrer in the ,,ss and ,generalleutnant of the ,waffen ,,ss major general4 ,among the offices subordinated to ,genzken was that of the ,chemical and ,pharmaceutical ,service under ,blumenreuter and ,hygiene under the defendant ,mrugowsky4 ,mrugowsky was attached to ,genzken's office as a hygienist in #aidj and was at the same time ,chief of the ,hygiene ,institute of the ,waffen ,,ss which1 in turn1 was subordinated to ,genzken4 ,on #a ,september #aidc1 the ,medical ,service of the ,,ss was reorganized and1 among other things1 ,blumenreuter1 ,mrugowsky1 and the ,hygiene ,institute of the ,waffen ,,ss were transferred to the ,office of the ,reichsarzt ,,ss1 ,grawitz4 ,thereafter the direct subordination was to ,grawitz rather than to ,genzken4 ,and then there is the defendant ,blome1 ,gruppenfuehrer ,major ,general in the ,,sa1 ,deputy ,reich ,health ,leader1 ,deputy ,leader of the ,reich ,chamber of ,physicians and the ,national ,socialist ,physicians ,association1 ,representative for the ,department of ,medical ,study1 ,plenipotentiary in the ,reich ,research ,council1 and ,chief of ,research on ,bacteriological ,warfare4 ,as the closest associate of ,conti1 he cannot be omitted from the list of the powerful4 ,conti was the highest authority in the field of civilian health administration4 ,the decree of #bh ,july #aidb1 signed by ,hitler1 concerning the reorganization of the medical services1 defines the position of ,conti as follows3 8,in the field of civilian health administration the ,state ,secretary in the ,ministry of ,interior1 and the ,chief of the ,health ,administration of the ,reich ,reichsgesundheitsfuehrer1 ,dr4 ,conti1 is responsible for coordinated measures4 ,for this purpose he has at his disposal the competent departments of the highest ,reich authorities and their subordinate offices40 7,,no-#jhj1 ,pros4 ,ex4 #e47 ,there was not a single medical question which did not reach the ,reich ,health ,department of the ,nazi ,party and the ,reich ,chamber of ,physicians1 subordinated to which were all physicians in ,germany1 with the exception of those on active ,service with the armed forces and in the ,,ss4 ,as a member of the ,reich ,research ,council1 ,blome was personally connected with plans and enterprises involving criminal medical experimentation4 ,these were the responsible leaders of the medical services of ,germany4 ,who1 then1 is missing from this illustrious gathering8 ,during the course of the trial1 we have frequently heard mentioned the names of ,conti and ,grawitz4 ,indeed1 the defendants would have us believe that in these two men1 together with ,hitler and ,himmler1 resided the exclusive responsibility for the manifold crimes with which we are here concerned4 ,i hardly need call attention to the fact that all are dead4 ,all of them took their own lives rather than face the bar of justice4 ,no one can deny that those men were1 indeed1 guilty4 ,but this in no way serves to exonerate these defendants1 who all played important roles in the mad scheme4 ,it is a curious thing that not one of the defendants has pointed an accusing finger at a living man4 ,if they are to be believed1 all the guilty parties to these crimes are dead4 ,according to them1 justice must seek retribution only from the cadavers4 ,the ,luftwaffe defendants have been strangely silent as to ,hippke1 who1 but for a belated capture1 would have a prominent seat in the dock4 ,those defendants who worked with the dead criminals--such as ,gebhardt1 ,mrugowsky1 and ,poppendick with ,grawitz1 and ,blome with ,conti--ask the ,tribunal to say that their association was honorable and pure1 that their work was in another field1 that their masters' crimes come as a great surprise and were never known to them4 ,the evidence proves1 however1 that they not only knew of and supported these crimes1 but also took a personal part in them4 ,in connection with the responsible positions of these defendants and most particularly of ,karl ,brandt and his assistant ,rostock1 ,handloser1 ,schroeder1 ,genzken1 and ,blome1 ,i wish to call the ,tribunal's attention to the decision of the ,supreme ,court of the ,united ,states in the case of ,in re ,yamashita4#adj ,on #be ,september #aide1 ,yamashita1 the ,commanding ,general of the ,fourteenth ,army ,group of the ,imperial ,japanese ,army in the ,philippine ,islands was charged with violation of the laws of war4#ada ,he thereafter pleaded not guilty1 was tried1 found guilty as charged1 and sentenced to death by hanging4 ,a petition for a writ of habeas corpus was filed with the ,supreme ,court purporting to show that ,yamashita's detention was unlawful for the reason1 among others1 that the charge preferred against him failed to charge him with a violation of the laws of war4 ,the charge stated that ,yamashita1 between #i ,october #aidd and #b ,september #aide1 in the ,philippine ,islands1 8while commander of armed forces of ,japan at war with the ,united ,states of ,america and its ,allies1 unlawfully disregarded and failed to discharge his duty as commander to control the operations of the members of his command1 permitting them to commit brutal atrocities and other high crimes against people of the ,united ,states and of its ,allies and dependencies1 particularly the ,philippines2 and he 99 99 99 thereby violated the laws of war40 ,the military commission#adb which tried ,yamashita found that atrocities and other high crimes had been committed by members of the ,japanese ,armed ,forces under his command1 that they were not sporadic in nature but in many cases were methodically supervised by ,japanese officers1 and that during the period in question ,yamashita failed to provide effective control of his troops as was required by the circumstances4 ,the ,supreme ,court stated the question for their decision in the following language3 8,it is not denied that such acts directed against the civilian population of an occupied country and against prisoners of war are recognized in international law as violations of the law of war 99 99 994 ,but it is urged that the charge does not allege that petitioner has either committed or directed the commission of such acts1 and consequently that no violation is charged against him4 ,but this overlooks the fact that the gist of the charge is an unlawful breach of duty by the petitioner as an army commander to control the operations of the members of his command by #8permitting them to commit' the extensive and widespread atrocities specified4 ,the question then is whether the law of war imposes on an army commander a duty to take such appropriate measures as are within his power to control the troops under his command for the prevention of the specified acts which are violations of the law of war and which are likely to attend the occupation of hostile territory by an uncontrolled soldiery1 and whether he may be charged with personal responsibility for his failure to take such measures when violations result40 ,the ,court held that the charge was sufficient and that the law of war 8plainly imposed on petitioner1 who at the time specified was military governor of the ,philippines1 as well as commander of the ,japanese forces1 an affirmative duty to take such measures as were within his power and appropriate in the circumstances to protect prisoners of war and the civilian population4 ,this duty of a commanding officer has heretofore been recognized1 and its breach penalized by our own military tribunals40 ,this decision is squarely in point as to the criminal responsibility of those defendants in this dock who had the power and authority to control the agents through whom these crimes were committed4 ,it is not incumbent upon the prosecution to show that this or that defendant was familiar with all of the details of all of these experiments4 ,indeed1 in the ,yamashita case1 there was no charge or proof that he had knowledge of the crimes4 ,in the case before the ,international ,military ,tribunal1 proof was submitted that the ,reichsbank1 of which the defendant ,funk was president1 had received from the ,,ss the personal belongings of victims who had been exterminated in concentration camps4 ,in that connection the ,tribunal said in its judgment3 8,funk has protested that he did not know that the ,reichsbank was receiving articles of this kind4 ,the ,tribunal is of the opinion that he either knew what was being received or was deliberately closing his eyes to what was being done40#adc ,but we need not discuss the requirement of knowledge on the facts of this case4 ,it has been repeatedly proved that those responsible leaders of the ,german medical services in this dock not only knew of the systematic and criminal use of concentration camp inmates for murderous medical experiments1 but also actively participated in such crimes4 ,can it be held that ,karl ,brandt had no knowledge of these crimes when he personally initiated the jaundice experiments by ,dohmen in the ,sachsenhausen concentration camp and the phosgene experiments of ,bickenbach8 ,can it be found that he knew nothing of the criminal ,euthanasia ,program when he was charged by ,hitler with its execution8 ,can it be said that ,handloser had no knowledge when he participated in the conference of #bi ,december #aida where it was decided to perform the ,buchenwald typhus crimes1 when reports were given on criminal experiments at meetings called and presided over by him8 ,was ,rostock an island of ignorance when he arranged the program for and presided over the meetings at which ,gebhardt and ,fischer lectured on their sulfanilamide experiments1 when he classified as 8urgent0 the criminal research of ,hirt1 ,haagen1 and ,bickenbach8 ,did ,schroeder lack knowledge when he personally requested ,himmler to supply him with inmates for the sea-water experiments8 ,can it be found that ,genzken had no knowledge of these crimes when the miserable ,dr4 ,ding was subordinated to and received orders from him in connection with the typhus experiments in ,buchenwald1 when his office supplied ,rascher with equipment for the freezing experiments8 ,was ,blome insufficiently informed in the face of proof that he collaborated with ,rascher in the blood coagulation experiments1 issued a research assignment to him on freezing experiments and to ,hirt on the gas experiments1 as well as performed bacteriological warfare and poison experiments himself8 ,no1 it was not lack of information as to the criminal program which explains the culpable failure of these men to destroy this ,frankenstein's monster4 ,nor was it lack of power4 ,can anyone doubt that ,karl ,brandt could have issued instructions to ,handloser and ,conti that doctors subordinated to them were not to experiment on concentration camp inmates8 ,it is no excuse to say that ,hitler and ,himmler approved the policy and that his efforts may have failed4 ,certainly they approved it4 ,but the fact is that ,brandt also approved of and personally participated in the program4 ,he was the 8highest ,reich authority0 in the medical services1 not ,himmler4 ,the medical services were ,brandt's primary function1 while ,himmler had a few other tasks to keep him busy1 such as running the ,,ss1 the ,ministry of ,interior1 the ,german ,police1 and the ,home ,army1 to mention a few4 ,nothing could have been easier for ,handloser than to issue a general directive that officers of the ,medical ,services of the ,wehrmacht were to keep out of concentration camps4 ,if he could not have done so1 then we must conclude that no one could have4 ,handloser had no peer in the military medical services4 ,and what ,handloser could have done for all the branches of the ,wehrmacht1 ,schroeder1 ,genzken1 and ,blome could have done with respect to the ,luftwaffe1 the ,waffen ,,ss1 and the ,reich ,health ,department4 ,the conclusion is inescapable that the crimes of these responsible leaders is a hundredfold greater than that of the wretches who executed the murderous experiments in the concentration camps4 ,theirs was the power1 the opportunity1 and the duty to control and their failure is their everlasting guilt4 c4 ,selections from the ,argumentation of the ,defense ,,extracts ,,from ,,the ,,final ,,plea ,,for ,,defendant ,,karl ,,brandt#add 99 99 99 99 99 ,to what extent is the defendant ,karl ,brandt implicated in the medical experiments8 ,the prosecution says he is implicated in almost all of them and refers to his position and his connections4 ,they state that he was the highest ,reich authority in the medical sphere2 there1 however1 they are misled by an error of the translator1 for ,karl ,brandt only had the powers1 regulated in a general way1 of an 8,oberste ,reichsbehoerde0 highest ,reich agency1 but the execution of these powers was restricted to special cases4 ,this appears from the three known decrees and from the explanation thereof given by the witnesses4 ,moreover ,karl ,brandt was not given these functions until #aidd1 when these experiments were practically finished1 as is shown by the time schedule submitted to the ,tribunal for comparison4 ,it has been proved that the defendant ,karl ,brandt himself in a broadcast publicly called his position as ,reich ,commissioner that of a 8differential0 7coordinator74 ,in fact1 ,karl ,brandt's task was not to order but to adjust2 it was a task designed to fit his character4 ,we have also learned from the presentation of evidence that the defendant ,karl ,brandt did not have the machinery at his disposal for issuing orders which was necessary for a supreme ,reich authority2 he lacked the staff and the means4 ,no one who is acquainted with a government administration will think it possible under these circumstances that the defendant ,karl ,brandt might have been able to enforce his point of view against the resistance of the old agencies2 no one will even think it probable that anything would have been done to facilitate such an attempt of the 8new master40 ,consequently1 ,karl ,brandt's position was not such as to justify the conclusion drawn by the prosecution about his general knowledge4 ,there was no official channel by which everything had to come to his knowledge1 for he was not the superior of other authorities4 ,it is true that the defendant ,karl ,brandt was supposed to be informed about fundamental matters1 that he had the right to intervene1 etc4 ,but these were only possibilities1 not in conformity with conditions in practice4 ,we have seen that ,conti opposed him and that ,himmler prohibited direct contact with ,karl ,brandt within his sphere4 ,therefore1 ,karl ,brandt can be brought into connection only with the events in which he participated directly4 ,here it is striking first of all that the defendant ,karl ,brandt1 who is supposed to have been the highest authority1 appears only very rarely4 99 99 99 99 99 ,now the prosecution endeavors to establish a connection of ,karl ,brandt with the other experiments via the ,reich ,research ,council4 ,it is true that one can establish such a connection theoretically on paper1 but the links of the chain break when one examines them closely4 ,only the head of the specialized department ,fachspartenleiter judged the so-called research assignments1 and he only investigated whether the aim was necessary for war1 not how the experiment was to be carried out4 ,he could not inform others of matters which he did not get to know himself4 ,the defendant ,karl ,brandt is charged further with not having protested in one case when he heard about deaths caused by experiments on persons sentenced to capital punishment in the well-known lecture on sulfanilamide4 ,i must point out that even if this experiment had been inadmissible1 silence would not be a crime for assent after the act is without importance in criminal law and one can be connected with plans and enterprises only as long as they have not come to an end4 ,now the prosecution has introduced in its closing brief the new charge by which it holds the defendant ,karl ,brandt responsible for negligence4 ,in this respect ,i should like to point out that no indictment for negligence has been brought in and that the concept of a crime against humanity committed by negligence cannot exist4 ,it will1 therefore1 be sufficient to emphasize that the alleged negligence depends on the existence of an obligation of supervision and the right to give orders through other agencies4 ,in every state the spheres of competency are separated and it is not possible for everyone to interfere in everything because everyone is responsible for everything4 ,the prosecution says that the defendant ,karl ,brandt ought to have used his influence and have availed himself of his intimate relationship to ,hitler to stop the experiments4 ,even presuming that he was aware of the facts as crimes1 his guilt would not be of a legal but only of a political or moral nature4 ,till now nobody has been held criminally responsible for the conduct of a superior or a friend2 however1 the ,tribunal only has to consider the question of criminal law4 ,but in fact these close relations did not exist2 the defendant ,karl ,brandt was the surgeon who had to be in attendance on ,hitler2 ,dr4 ,morell1 the latter's personal physician1 soon tried to undermine the confidence placed in ,karl ,brandt so that he was charged with commissions which removed him farther and farther from the sphere of his medical activity4 ,the alleged intimate relations were eventually crowned by the dictation of a death sentence against ,karl ,brandt without his having been granted even a consultation on the charges advanced against him4 99 99 99 99 99 ,,extracts ,,from ,,the ,,final ,,plea ,,for ,,defendant ,,schroeder#ade 99 99 99 99 99 ,your ,honors1 a clear distinction must be made between the periods when ,professor ,schroeder was not yet ,chief of the ,medical ,service of the ,luftwaffe and the time when he held that office4 ,we are concerned here with the period from the beginning of #aidj to the end of #aidc4 ,during that period ,professor ,dr4 ,schroeder was the leading medical officer of ,airfleet #b1 and as such continually on service outside ,germany4 ,it was only from #a ,january #aidd onwards that he held the position of ,chief of ,medical ,service of the ,luftwaffe4 ,this shows clearly that ,professor ,dr4 ,schroeder cannot be held responsible for all experiments in concentration camps which were carried out prior to #a ,january #aidd4 ,his sphere of duties was confined to the medical care of the airfleet units under him and he was without any official points of contact with the ,medical ,inspectorate unless the latter was competent for his position as an airfleet doctor4 ,to give a picture of ,professor ,schroeder's duties at that time1 ,i draw attention to the fact that the personnel strength of ,airfleet #b amounted to #bjj1jjj to #cjj1jjj men4 ,when dealing with ,professor ,schroeder's responsibility for the high-altitude experiments in ,dachau1 the prosecution had overlooked the fact that at the time in question1 ,professor ,schroeder was airfleet doctor and maintained that during that time he was1 after ,professor ,dr4 ,hippke1 the ,medical ,chief1 the second highest medical officer of the ,luftwaffe4 ,from that circumstance1 the prosecution draws the inference that ,professor ,schroeder1 as the second highest medical officer1 was the obvious deputy for ,hippke and1 therefore1 had to know about the most important events concerning the ,medical ,inspectorate4 ,the defendant ,professor ,schroeder has in his defense proved beyond doubt that he was not the most senior medical officer after ,hippke and1 therefore1 not ,hippke's deputy4 ,as ,generalarzt and ,generalstabsarzt he simply had the rank next to that of the ,medical ,chief1 as did the other five airfleet doctors4 ,above him in rank were two ,generalstabsaerzte1 namely ,generalstabsarzt ,dr4 ,neumueller and ,dr4 ,blaul4 ,the former had his office in ,berlin and was in fact ,hippke's deputy if and when necessary4 ,professor ,dr4 ,schroeder has also refuted the further assumption of the prosecution that his relations with ,professor ,dr4 ,hippke had been particularly close1 for which reason ,hippke had informed him about the high-altitude experiments4 ,in particular the witness ,dr4 ,augustinick1 ,schroeder's personal adjutant during his service as an airfleet doctor1 confirmed that relations between ,hippke and ,schroeder were extremely tense and unpleasant and that they confined themselves to discussing only the necessary things on the occasion of their highly infrequent official meetings4 99 99 99 99 99 ,your ,honors1 if one surveys the conduct of ,professor ,schroeder during the entire period from #aidj until the end of the war1 one will not be able to find one single piece of evidence to show that ,professor ,schroeder at any time or in any manner violated the duties which the calling of a physician or medical ethics prescribed for him4 ,in no instance did he act in a manner which could not stand examination by a court4 ,one may well claim that he never disregarded the maxim of ,hippocrates 8primum nil nocere10 but preserved it as a guiding principle of his actions as a doctor and officer of the medical services of the ,german ,luftwaffe4 ,the prosecution has failed to prove that ,schroeder ever ordered such an experiment during the period of time covered by the charges of the prosecution1 or that he participated or had knowledge of any such experiment4 ,it has not even been proved that it was possible or necessary for him to gain knowledge of such experiments4 ,professor ,schroeder has clearly explained why he could not gain such knowledge4 ,for the whole period of time from #aidb to the end of #aidc the responsibility must rest on ,professor ,hippke1 but not on ,professor ,schroeder4 99 99 99 99 99 ,,extracts ,,from ,,the ,,final ,,plea ,,for ,,defendant ,,rostock#adf 99 99 99 99 99 ,in the opening statement ,general ,taylor said that the ,reich ,commissioner for the ,medical and ,health ,system was to be regarded as the supreme ,reich authority4 7,tr4 p4 #ai47 ,the emphasis on this word is confusing and contradicts the authentic ,document ,,no-#jhb1 ,prosecution ,exhibit #g which states1 8,in this capacity his agency is a supreme ,reich authority40 ,in this decree1 then1 the word 8the0 is missing4 ,but this is most essential4 ,for the decree signifies that it is one of many 8supreme ,reich authorities10 whereas the type of expression chosen by ,general ,taylor must lead one to conclude that it was the only 8supreme ,reich authority0 in the ,department of ,health4 ,but1 as the evidence has shown1 this was not true4 ,in his opening statement on #i ,december #aidf 7,tr4 p4 #ai7 ,general ,taylor said3 8,rostock's position comprised the activities of the medical societies1 the medical universities1 and the ,reich ,research ,council40 ,during this trial none of the numerous ,german medical societies1 with the exception of ,ahnenerbe1 have been attacked4 ,i want to point out here that1 first of all1 the ,ahnenerbe cannot be considered as a medical society1 as is proved beyond doubt by the plan of organization submitted to this ,tribunal4 7,sievers #b1 ,sievers ,ex4 #d2 ,sievers #c1 ,sievers ,ex4 #f47 ,and let me point out that ,rostock testified 7,tr4 p4 #cbif7 that during the war he did not know this society or even its name1 and that on #aa ,april #aidg the witness ,sievers stated 7,tr4 p4 #eghh7 that ,ahnenerbe's medical institutes for scientific research of military value were not subordinate to the ,commissioner ,general for the ,medical and ,health ,system1 that means1 were not subordinate to the office directed by ,rostock4 ,neither were the medical universities subject to his supervision4 ,they were subordinate to the ,reich ,ministry of ,education4 ,i shall deal with the ,reich ,research ,council later on4 ,first1 ,i would like to deal with the ,office for ,science and ,research4 ,as far as the incorporation into the ,german state machinery of the ,office of the ,commissioner ,general or the ,reich ,commissioner for the ,medical and ,health ,services is concerned1 ,i refer to ,dr4 ,servatius' statements4 ,without a doubt1 the prosecution has gained the wrong impression of the extent1 actual activity1 and influence on other agencies of the ,office for ,science and ,research4 ,rostock has dealt with this question in detail during direct examination4 ,the ,tribunal will certainly still have a recollection of his statement4 ,rostock actually had no supervisory authority over research work of the branches of the ,wehrmacht and the ,,ss4 ,brandt's1 and thus also ,rostock's1 commission did not comprise all medical affairs but only special tasks as was testified quite clearly here by the witness ,lammers on #g ,february #aidg4 7,tr4 p4 #bffg47 ,and the assignment given ,rostock did not include supervision of practical research4 7,tr4 p4 #bddi47 ,on #bc ,april #aidg ,professor ,rose quite correctly described the situation in ,germany 7,tr4 p4 #fcjj7 when he said that the central planning of medical research in ,germany is a phantom born #a years after the end of the war4 ,true1 attempts were made to correct the impossible situation created by the lack of a central direction of science in ,germany4 ,attempts were made but the leading ,german politicians recognized the importance of science too late4 ,germany did not have an institution with the competency and the financial means of the ,american 8,office of ,scientific ,research and ,development0 under ,dr4 ,vannevar ,bush which1 under the direction of the same man1 was taken over into the ,united ,states' peace organization under the name of 8,joint ,research and ,development ,board40 ,the relationship of ,rostock's agency to the ,,ss must be discussed briefly1 for all experiments which play a part in these proceedings were1 after all1 carried out in concentration camps which came under the jurisdiction of the ,,ss4 ,rostock himself was never a member of the ,,ss4 ,apart from that1 he had no other relations of any kind with the ,,ss4 ,when the agency of the ,commissioner ,general for the ,medical and ,health ,system was created1 ,hitler1 in the presence of ,himmler1 made it quite clear to ,karl ,brandt that in his 7,karl ,brandt's7 capacity of ,commissioner ,general the ,,ss was not his affair4 7,tr4 p4 #bcbd47 ,the practical execution of this directive has been expressly confirmed by ,genzken4 7,tr4 p4 #cghj47 ,furthermore1 the decree of #be ,august #aidd 7,,no-#jhb1 ,pros4 ,ex4 #g71 which lists the agencies to which the ,reich ,commissioner for the ,medical and ,health ,system could give directives1 does not mention the ,,ss4 ,genzken also testified that no direct connections existed between ,genzken's and ,brandt's offices4 ,according to the numerous affidavits submitted by ,genzken 7,genzken #a1 ,genzken ,ex4 #c2 ,genzken #i1 ,genzken ,ex4 #i2 ,genzken #f1 ,genzken ,ex4 #aj2 ,genzken #h1 ,genzken ,ex4 #aa2 ,genzken #c1 ,genzken ,ex4 #ab2 ,genzken #e1 ,genzken ,ex4 #ac2 ,genzken #af1 ,genzken ,ex4 #ad2 ,genzken #ag1 ,genzken ,ex4 #ae2 ,genzken #ae1 ,genzken ,ex4 #af7 only ,grawitz was competent for scientific research within the ,,ss4 ,genzken also testified that ,rostock never gave instructions in research affairs to the ,,ss4 7,tr4 p4 #cghj47 ,gebhardt testified on #d ,march that ,grawitz was never subordinate to ,karl ,brandt and that ,brandt never even had the right to give directives to ,grawitz4 7,tr4 p4 #cigg47 ,he testified further that ,himmler wanted to create a 8science exclusively for the ,,ss0 and that the university people had resisted that attempt4 ,however1 ,rostock must quite definitely be considered an exponent of university scientists4 ,the proof for the correctness of ,himmler's intention of a 8science exclusively for the ,,ss0 is contained in a letter1 dated #bb ,september #aidb1 from ,,ss ,gruppenfuehrer ,berger to the ,reich ,leader ,,ss4 7,karl ,brandt #abj1 ,karl ,brandt ,ex4 #ce47 ,when in the instruction of #ae ,may #aidd 7,,no-#iai1 ,pros4 ,ex4 #dfj7 ,himmler fixed the formalities for the carrying out of experiments on prisoners1 it was natural that the names of ,rostock or ,karl ,brandt were not mentioned in it4 ,this instruction was not sent to ,karl ,brandt even for information purposes as is revealed by the document itself4 ,this should be sufficient proof that ,rostock had no influence on research activities within the ,,ss or the concentration camps4 ,during discussion of the individual experiments it has already been pointed out that he did not even know of them4 ,in regard to research commissions given to the medical chiefs of the ,luftwaffe1 ,schroeder had claimed 7,,no-#ddi1 ,pros4 ,ex4 #acj7--;and during cross-examination he was again reproached for this document 7,tr4 p4 #cfie7--that all research assignments had to go through ,rostock's office4 ,in his affidavit ,schroeder testified that this was an erroneous description4 7,rostock #aa1 ,rostock ,ex4 #aj47 ,in another interrogation on #bg ,february #aidg by ,dr4 ,krauss 7,tr4 p4 #cfie7 ,schroeder expressly confirmed the correctness of this affidavit4 ,for it had only been agreed that a carbon copy of the research commission given out would be sent to ,rostock4 ,his approval of the assignment of commissions was not required4 ,the witness ,wuerfler1 too1 confirmed this during his cross-examination by ,dr4 ,krauss on #ai ,february #aidg4 7,tr4 p4 #cadb47 ,and in his affidavit1 ,becker-,freyseng testified that the ,luftwaffe did not commission ,rostock's office to carry out research by way of experiments on human beings4 7,rostock #aj1 ,rostock ,ex4 #i47 ,during the hearing of evidence on #b ,june #aidg in the case of ,becker-,freyseng1 it was discussed in detail how research commissions happened to come about1 how reports were made on them and that the means by which results were obtained were not prescribed2 and that a real control by the agency giving out the commissions was neither exercised nor possible4 ,i refer to the transcript which contains significant testimony in this connection4 7,tr4 pp4 #hcag1 #hcbj1 #hcba1 #hcbd-hcbf47 ,and now ,i would like to turn to the problems connected with the ,reich ,research ,council4 ,here the prosecution has charged ,rostock with responsibility because from the beginning of #aidd on he was ,brandt's deputy in his capacity as a member of the presiding council of this body4 ,the fact itself is not1 but the responsibility1 especially in the sense of penal law or morals1 must be denied4 ,i deny the prosecution's assertion1 leading up to ,mr4 ,mc,haney's statement of #aj ,december #aidf 7,tr4 pp4 #if and #add71 that ,rostock exercised a 8supervisory control0 over the ,reich ,research ,council or--on the occasion of submitting a letter from ,rascher about freezing experiments 7,,no-#dcb1 ,pros4 ,ex4 #aai7--that the 8,reich ,research ,council as a whole is implicated in a criminal manner40 ,the question of the ,reich ,research ,council has been cleared up sufficiently during the examinations of ,karl ,brandt1 ,rostock1 ,blome1 ,sievers1 as well as by the affidavits of the ,chief of the ,managing ,committee of the ,reich ,research ,council1 ,mentzel4 7,rostock #ac1 ,rostock ,ex4 #ab2 ,sievers #db1 ,sievers ,ex4 #dc47 ,as the crux emerges in this connection the fact that those responsible for the assignment of research commissions were1 exclusively1 the managers of the special sections and their authorized agents and plenipotentiaries who in turn were directly responsible to ,hermann ,goering4#adg ,rostock was not among them4 ,the members of the presiding board had no supervisory duty over and no right to issue directives to the managers of the special sections4 ,the members of the presiding board were informed about research carried out through the printed reports1 the so-called 8,red ,booklets40 ,it can be assumed 8that the prosecution is in possession of these booklets4 ,the entire files of the ,reich ,research ,council were handed over to the ,american authorities by ,professor ,osenberg and some documents from these files have been submitted during this trial40 99 99 99 99 99 ,if the 8,red ,booklets0 contained a single paragraph which could be used to prove the prosecution's claims1 it can be assumed with certainty that these booklets would have been submitted here4 ,but this was not done4 ,from this the conclusion can be drawn with certainty that the members of the ,presiding ,council of the ,reich ,research ,council did not receive any information about criminal experiments4 ,and1 as quoted before in this connection1 ,mr4 ,mc,haney himself admitted during the cross-examination of ,rostock that he did not believe that1 for example1 ,haagen informed the ,reich ,research ,council about his experiments in the concentration camps4 ,haagen made detailed statements on the coming into being of research commissions in general and1 also in particular1 on that of the commissions he gave out1 and on the right and the duty of control held by the agency giving the commission4 7,tr4 pp4 #idag-idai47 99 99 99 99 99 ,,extracts ,,from ,,the ,,closing ,,brief ,,for ,,defendant ,,handloser 99 99 99 99 99 ,it is the duty of the ,inspector of the ,army ,medical ,service1 as ,chief of the ,army ,medical ,service1 to insure within the scope of his official supervision that the intermediate superiors are able to perform their duties4 ,he also has to see to it that the military information and report channels are well organized in order to guarantee the required survey of the whole complex and the reporting and immediate investigation of unusual individual cases4 ,this requires the greatest possible care in the selection of the subordinate leading medical officers1 as well as periodic inspections to be carried out by the officers selected4 ,professor ,handloser has submitted an affidavit to this ,tribunal concerning the reporting systems pertaining to military medical matters of the ,wermacht branches4 7,handloser #fe1 ,handloser ,ex4 #fb47 ,this document reveals the exemplary organization of the ,message and ,report ,organization1 including the sphere of the consulting expert physicians4 ,the handling of the reports on 8special occurrences0 seems to me to be of special importance for the problem under discussion here4 ,it was a standing order for the whole ,wehrmacht that every office1 including the offices of the medical service1 had to report to the superior office immediately and by the quickest method each occurrence of each circumstance outside the bounds of normal events4 7,handloser #fe1 ,handloser ,ex4 #fb47 ,professor ,handloser as ,inspector of the ,army ,medical ,service and ,surgeon ,general ,army ,medical ,chief 7,heeresarzt7 was the ,chief of the ,medical ,service for all fronts and the zone of the interior and was responsible to the ,commander in ,chief of the ,army and to the ,commander of the ,replacement ,army4 ,the #bf1ejj medical officers of the army were subordinated to him4 ,his field of office and the extent of his work were1 therefore1 extremely wide4 ,to handle such a large field of work properly--in ,handloser's case it also included the office of the ,chief of ,army ,medical ,service--a division of labor had to be made into time1 space1 and facts4 ,the organization and the progress of work in the sphere of the ,army ,medical ,inspector and the ,chief of the ,army ,medical ,service was explained by ,professor ,handloser in his affidavit4 7,handloser #bi1 ,handloser ,ex4 #d47 ,according to this the basic and most important questions were dealt with and decided upon in any case by ,professor ,handloser as the chief of the highest office4 ,in this connection ,i refer to the testimony of ,dr4 ,wuerfler 7,tr4 p4 #cace7 and affidavit of ,schmidt-,bruecken4 7,handloser #fb1 ,handloser ,ex4 #eh47 ,special attention has to be paid here to incoming mail 7messages1 reports1 letters74 ,in the ,handloser affidavit 7,handloser #bi1 ,handloser ,ex4 #d71 the following is stated3 8,all letters and packages1 unless they were marked #8secret' or #8top secret' 7,mil47 went to the registry4 ,here they were opened1 the date stamp was affixed by the registrar who simultaneously marked the letter for delivery to the ,chief of ,staff1 or to the various section chiefs direct4 ,the ,chief of ,staff in turn marked those communications which were to be submitted to the medical chief with a cross in colored pencil4 8,secret and top secret 7,mil47 material was handled in a special manner4 ,this material was entered in a journal1 and then directed to the attention of the ,chief of ,staff who in turn determined which documents were to be submitted to1 or brought to the attention of1 the medical inspector immediately or after they had been dealt with40 ,this arrangement could be made without prejudicing a regular settlement since the authorities in question were under the command of specially qualified people 7department chiefs7 headed by the ,chief of ,staff who supervised the daily business routine and was responsible for all business matters4 ,with regard to ,handloser it must be borne in mind that during the war he was very rarely present in the head office 7,berlin74 ,owing to ,handloser's double function as an army doctor and ,army ,medical ,chief1 and furthermore as a result of the division of the ,army ,medical ,inspectorate into two parts for the front and the zone of the interior1 ,handloser necessarily had to spend most of his time at army headquarters and at the front4 ,he could only be present in ,berlin for about one-tenth of the time4 7,tr4 p4 #cace47 ,furthermore1 it became necessary to staff the offices at home with specially qualified medical officers since they had to act mainly on their own initiative in performing their tasks4 ,the ,chief of ,staff of the ,army ,medical ,inspectorate1 for instance1 was a ,generalarzt2 the chiefs of the individual departments were ,oberstaerzte4 ,in order to do justice to the burden and the responsibility which ,handloser had been shouldering1 one must visualize the tasks and scope of work connected with the ,medical ,inspectorate4 ,owing to the war these tasks had been intensified to the utmost limits1 there was the expansion of the theaters of operation and the personal problems of #bf1ejj medical officers4 ,one will also realize that ,handloser could only attend to the most important and the most basic problems4 ,the ,chief of ,staff and the departmental chiefs1 as was their duty1 determined which matters were of sufficient basic and vital importance to be referred for decision to the ,army ,medical ,chief4 ,it must be considered most unlikely for the highest authority 7i4 e41 the chief7 of a large sphere of activity to have knowledge of all happenings within this sphere4 ,furthermore1 actual facts do not confirm that the person exercising the highest powers of command within the military hierarchy of the army is in some degree the originator of all orders executed by a subordinate in his hierarchy4 ,if an order has been issued1 one must determine who of all the supervising chiefs of the offices in this hierarchy is the originator responsible1 under criminal law1 for this order4 ,if no special order was issued one must examine whether the incriminating behavior on the part of the defendant personally was prompted by circumstances within the scope of responsibility1 under criminal law 7such as orders and regulations which rendered possible the criminal behavior of a subordinate or appropriate consent to commit the criminal offense1 before its initiation or its completion74 ,only if the prosecution maintains and proves 7a7 that the behavior of a subordinate constitutes a punishable offense1 and 7b7 that this action in particular was the result of an order issued by the superior1 or of his consent given prior to the offense1 can the defendant be charged as an abettor1 offender1 accomplice1 or participator4 ,this exhausts all possible modes of behavior prior to the criminal offense4 ,whatever happened afterwards cannot have any relevant bearing on this legal evidence4 ,this is impossible since all causality is lacking4 ,with regard to the question of a possible offense against the duties of a supervisor1 the following must be said3 ,according to ,art4 #adg of the ,german ,military ,penal ,code 8,whoever neglects to carry out the task incumbent upon him of supervising his subordinates either intentionally or through negligence0 is liable to punishment4 ,according to ,german theory and judicial practice1 the application of this law presupposes the existence of a direct relationship between superior and subordinate4 ,if anything inadmissible or punishable happens in the sphere of duty this might be attributed to the fact that the supervising official neglected his duty1 but it is also possible that it occurred through no fault of the supervising official4 ,in the first instance the supervising official is liable to punishment according to ,art4 #adg of the ,military ,penal ,code2 this1 however1 does not apply in the latter case4 ,the question only arises of whether in the former case the supervising official has to answer before criminal law for the action of his subordinate4 ,this must be answered in the negative4 ,an offense against the duties of service supervision constitutes in itself an offense4 ,it does not automatically demand that the supervising official should be punished for the criminal offense committed by the subordinate1 for according to the criminal laws of all civilized countries1 a person can only be made responsible before criminal law for an offense committed by himself1 i4 e41 if the supervising official can be considered an accomplice or participant in the crime of a subordinate4 ,only thus can the passage of count one1 #c of the indictment be understood4 ,this provides for a responsibility before criminal law for others1 8for whose actions the defendants are responsible40 ,the prerequisites for this case have been set forth above4 99 99 99 99 99 ,the position of ,professor ,handloser as ,chief of the ,armed ,forces ,medical ,service 99 99 99 99 99 ,the prosecution asserts that ,handloser as ,chief of the ,german ,armed ,forces ,medical ,service had the supreme supervision and command of the medical services of the three branches of the armed forces as well as of the ,waffen ,,ss4 ,this is a fundamental error which is based on the incomprehensible statement of the chief prosecutor in his opening statement3 8,under the ,,okw came the ,high ,commands of the three branches of the ,wehrmacht--the ,navy 7,,okm71 the ,army 7,,okh71 and the ,air ,force 7,,okl740 ,from the verdict of the ,,imt1 ,i quote the following in regard to the ,chief of the ,supreme ,command of the ,armed ,forces 7,,okw7 who was the superior of the defendant ,handloser3 8,keitel as ,chief of the ,supreme ,command of the ,armed ,forces did not have command authority over the three ,wehrmacht branches 99 99 9940#adh ,from this the prosecution should have drawn the logical conclusion that1 if the superior of ,handloser1 ,keitel1 had no powers of command over the three branches of the armed forces and their supreme commanders1 then ,professor ,handloser1 as his subordinate1 also could have had no powers of command over the medical chiefs attached to the staff of the supreme commanders4 ,the evidence has corroborated this4 7,tr4 pp4 #bhfj-c1 #cabi-cj1 #cbai1 #ceeg47 ,the prosecution refers for proof of the contrary only to the statement of the former ,air ,force ,chief ,hippke in another trial4 ,according to that ,hippke is supposed to have testified that ,professor ,handloser had been his professional superior4 ,the incorrectness of this statement is proved by the opposing testimonies given under oath by ,professor ,dr4 ,schroeder who succeeded ,hippke and of ,generalarzt ,dr4 ,hartleben 7,tr4 pp4 #cbai-bj1 #cbbe71 as well as of ,generalarzt ,dr4 ,wuerfler 7,tr4 pp4 #cabi-cj74 ,the evidence submitted1 combined with the contents of the decree of #aidb1 has shown that it was the duty of the ,chief of the ,armed ,forces ,medical ,service to direct the adjustment of personnel and material affairs within the branch of the armed forces as is evidenced by the first sentence of the decree4 ,within the scope of this sphere of duties1 ,professor ,handloser was charged with the combination or--as it was generally called--the coordination of all common problems in the field of the ,armed ,forces ,medical ,service4 ,the task of coordination given ,professor ,handloser did not mean that thereby all common problems automatically came under his jurisdiction4 ,it was rather his duty to examine which part of the immense medical service was suitable for coordination4 ,generalarzt ,dr4 ,wuerfler has aptly called this a 8program of future fields of endeavor04 ,in this connection see also ,professor ,schroeder 7,tr4 pp4 #ceeg1 #ceeh74 ,whenever ,handloser thought that a certain department was suitable for coordination1 he tried to reach an agreement with the medical chiefs of the branches of the armed forces2 for since he had no powers of command1 the coordination could only take place in conjunction with the medical chiefs4 ,after coordination had been accomplished1 he was empowered to issue 8directives0 in this field which did not have the character of an order4 ,hartleben replies to the question of my colleague ,dr4 ,steinbauer3 8,directives give general guiding principles1 an order must be carried out to the letter40 ,wuerfler expresses the same in the following manner3 8,a superior has the authority to give orders4 ,one can only speak of a right to issue directives where there exists no authority to give orders and no relationship of superiority40 ,research is a field which by its nature is unsuitable for coordination4 ,for1 while it is possible to alleviate personnel and material deficiencies in the personnel and material fields of the medical service by coordination1 or in other words to achieve a practical useful effect1 such is not the case with respect to research4 ,the prosecution also questioned ,professor ,rostock regarding the problem of coordination in the field of research and argued that through such a coordination1 that is to say1 such a concentration of research activities which were carried on in various places1 personnel and material could be allocated more effectively4 ,professor ,rostock has made some remarks on this account which are of fundamental importance because they disprove the thesis of the prosecution with objectively convincing reasons4 ,according to him1 many conditions in the military and medical fields are suitable for coordination1 while research cannot be coordinated4 ,it is better for the aim in view when several scientists work on the same research subject1 than if only one office were engaged in this activity4 ,professor ,rostock says quite rightly3 8,if someone were to say to me1 give this matter all your attention1 and the same thing is being worked on at this place and that1 then1 in all probability1 ,i should have looked for reasons why it was necessary for both places to be doing the same thing40 ,and again3 8,i would regard it as an absolute mistake to say to one scientist3 ,you are not allowed to work on that any longer1 the other one is working on that 99 99 9940 7,tr4 p4 #cceb47 ,witness ,hartleben1 too1 took the same point of view during cross-examination4 7,tr4 p4 #cbag47 ,to the question of the prosecutor3 8,would it not have been the task of the ,chief of the ,armed ,forces ,medical ,service to coordinate the separate research activities in the same field in order to make the most advantageous use of available personnel and material08 he replied3 8,in my opinion the ,chief of the ,armed ,forces ,medical ,services must in such a case make an investigation2 because it is after all the case in science and research that very often it becomes necessary to pursue many different ways in order to arrive at some aspired goal1 and the case may occur--and ,i can imagine it very well--where it is desirable to have several scientists engaged on the same problem 99 99 9940 ,therewith ,rostock confirms the defense argument of ,handloser on this count4 ,summing up3 ,the end aspired to by coordination--saving of personnel and material--is incompatible with the very nature of successful research4 ,the order for the coordinating of personnel and material can1 therefore1 never be applied to the field of research4 ,quite another thing is the creation of working groups within the same field of research4 ,the purpose of the creation of such a working group was not to be a saving of personnel and material but mutual information and discussion in order to check how far the individual researchers had advanced by different routes4 ,such a measure proposes to counteract the exaggerated secrecy and egotistical withholding of information often noticed in the field of research4 ,inventors and scholars regard their discoveries as revolutionary4 ,as prototypes of individualism they are intent on keeping the details of their research secret even1 or precisely1 from other scholars who work in the same field4 ,this fact is aptly characterized in the document submitted by the prosecution4 7,,no-#bfb1 ,pros4 ,ex4 #ajh47 ,i quote from this letter of the former ,chief of the ,air ,force ,medical ,service1 ,dr4 ,hippke3 8,the difficulties exist in quite another field4 ,they are questions involving the vanity of the individual scientists1 each and every one of whom wants to obtain all the results of the research individually1 and who often can only be brought to altruistic cooperative work with the greatest difficulties40 ,the ,court will see from this that the creation of working groups in the field of hepatitis research in accordance with the suggestion of ,dr4 ,schreiber at the ,breslau ,hepatitis ,conference in ,june #aidd had nothing to do with coordination1 but that it left the number and the activity of the different scholars engaged in hepatitis research untouched4 ,the ,chief of the ,armed ,forces ,medical ,service also had in his very limited office staff no department for research4 7,tr4 pp4 #cbah1 #cbbd47 ,only in the service regulations which became effective on #a ,september #aidd 7,,no-#bbg1 ,pros4 ,ex4 #aa71 which however practically never went into effect4 7,tr4 p4 #cadj2 ,handloser #bi1 ,handloser ,ex4 #d47 ,under #ad;a one of the tasks of the ,chief of the ,armed ,forces ,medical ,services was mentioned as being the taking of uniform measures in the field of medical science1 including the field of research and the fight against disease4 ,however1 here1 too1 it was not a matter of the subordination of the research institutions of the branches of the armed forces but of examining a 8problem0 whether cooperative work in certain fields of research was feasible4 ,actually1 due to developments since ,september #aidd1 coordination in the field of research never took place4 ,the research activities of the different branches of the armed forces as well as of the ,waffen ,,ss were and remained independent4 ,what is important in this trial in regard to ,handloser's responsibility is the question whether he as ,chief of the ,armed ,forces ,medical ,services had any functions in the field of research and if so what they were4 ,he himself has stated and ,generalarzt ,dr4 ,hartleben1 who had an authoritative part in the drafting of the decree of #aidb 7,,no-#jhj1 ,pros4 ,ex4 #e7 and of its supplementary service regulations1 has declared that the research activities of the branches of the armed forces and of the ,waffen ,,ss did not belong to the official department of the ,chief of the ,armed ,forces ,medical ,services4 ,for the department of research of the ,air ,force ,medical ,inspection ,service the aforementioned ,air ,force ,medical ,inspector ,hippke has furnished convincing proof4 ,the prosecution submitted a letter from ,hippke of #f ,march #aidc to ,,ss ,obergruppenfuehrer ,wolff 7,,no-#bfb1 ,pros4 ,ex4 #ajh7 from which ,i quote-- 8,your opinion that ,i as responsible head of all research activities in medical science had objected to freezing experiments on human beings and had thereby obstructed the development is erroneous40 ,furthermore ,i call attention to ,document ,,no-#bhi1 ,prosecution ,exhibit #gb and ,document #afab-,,ps1 ,prosecution ,exhibit #gi1 which confirm the independence of the air force research work1 also to the affidavits of ,professor ,schroeder and ,dr4 ,becker-,freyseng4 7,handloser #bb1 ,handloser ,ex4 #cc2 ,handloser #bc1 ,handloser ,ex4 #cd47 99 99 99 99 99 ,it is undisputed that one connection existed between the two medical services1 viz1 the one with that part of the ,medical ,service of the ,waffen ,,ss which was connected with the ,waffen ,,ss divisions during mobilization at the front4 ,it was under those medical offices of the army which corresponded to the respective superior military offices4 ,the divisions of the ,waffen ,,ss came under the corps commander of the army2 correspondingly1 the ,medical ,service of the ,waffen ,,ss divisions came under the corps doctor2 the medical service led via the army medical officer ,armeearzt1 the army group medical officer1 and the army medical chief ,heeresarzt to the army medical inspector and above him1 to the ,chief of the ,armed ,forces ,medical ,service4 ,none of these offices1 neither military nor medical1 could interfere with the essential 8character10 the appointment of personnel equipment make up1 organization1 etc41 of the division4 ,the order pertained only to mobilization at the front 7tactical subordination74 ,beyond that1 all authority remained in the hands of the superior office of the ,waffen ,,ss1 the ,operational ,main ,office ,fuehrungshauptamt1 ,reich ,leader ,,ss 7,himmler-,grawitz74 ,the mobilization of the medical units1 of the field hospital ambulances and hospital trains1 i4 e41 of the various units of the division medical officer ,,ss1 were handled by him in accordance with instructions from the division4 ,higher orders in regard to the care of ,,ss wounded and sick were given to the ,,ss division medical officer via the army corps medical officer by the army medical chief4 ,in the ordinary course of medical matters1 even the army medical officer was not included with the exception of casualty report service4 ,the ,army ,medical ,inspector and the ,chief of the ,armed ,forces ,medical ,service had practically no occasion to interfere4 ,that only happened when some special event was reported to the higher offices4 ,the ,chief of the ,armed ,forces ,medical ,service had the power only for the length of time of subordination to the armed forces to delegate authority1 by request of the army medical chief through the ,army ,medical ,inspector1 to the army or corps medical officer to make personnel or material adjustments within his department4 ,with the exception of the fighting divisions1 the ,chief of the ,armed ,forces ,medical ,services had no authority over any other unit or establishment of the ,waffen ,,ss1 any more than over ,dr4 ,genzken as ,chief of the ,waffen ,,ss ,medical ,service beyond the limit of the front divisions4 ,in summing up1 then1 it is to be noted that the relationship between the armed forces medical offices and those of the ,waffen ,,ss was limited in time and practice to the medically necessary tactical subordination and to the medical service during combat operations4 ,this goes to prove that ,professor ,handloser did not have any influence on the medical organization of the ,waffen ,,ss1 that is to say1 on the entire range of affairs and provinces of the medical service and the health service4 ,this applies especially to medical research and the institutions created for that purpose4 ,this has been proved 7a7 by the affidavit of ,professor ,handloser on the diagram of the ,medical ,service of the ,armed ,forces2 7b7 by the affidavit of ,professor ,mrugowsky 7,handloser #ag1 ,handloser ,ex4 #e72 7c7 by the affidavit of ,dr4 ,genzken 7,handloser #af1 ,handloser ,ex4 #f72 7d7 by the official footnote in the service instructions of #aidd 7,,no-#bbg1 ,pros4 ,ex4 #aa72 7e7 by the affidavit of ,professor ,gebhardt 7,tr4 p4 #daia72 7f7 by the expert testimony of ,hartleben1 and 7g7 by the testimony of ,wuerfler 7,tr4 pp4 #cacb1 #cadj1 #cadb74 ,the contention of the prosecution that ,professor ,handloser as ,chief of the ,armed ,forces ,medical ,service had the supervision of the medical service of the ,waffen ,,ss is thereby refuted4 ,this also invalidates the basic thesis of the prosecution on which is founded the indictment of ,professor ,handloser1 since it has been proved that the ,chief of the ,armed ,forces ,medical ,services had1 in the field of medical research1 neither commanding authority nor supervisory powers outside of the scope of military medical inspection4 ,what has been stated here for the time of the decree of #aidb--a ,august #aidb until #ca ,august #aidd--;applies equally to the time beginning #a ,september #aidd4 ,the decree of #g ,august #aidd 7,,no-#bbg1 ,pros4 ,ex4 #aa7 represented an extension of the original development toward coordination1 without accomplishing the subordination of the medical chiefs of the branches of the armed forces as requested by the ,chief of the ,armed ,forces ,medical ,services4 ,what actually was accomplished was a change in the advisory authority he had held up to then1 into commanding authority in the sphere of the technical duties to the ,chief of the ,armed ,forces ,medical ,services4 ,professor ,handloser has testified under oath 7,handloser #bi1 ,handloser ,ex4 #d7 and witness ,hartleben confirmed the same in his statements that1 as has already been pointed out above1 nothing was changed as far as the field of research of the branches of the armed forces and of the ,waffen ,,ss was concerned4 ,the aim of centralizing the widely separated institutions was wrecked1 except in those cases which were solely conditioned by the war after #a ,september #aidd1 particularly also owing to the fact which was brought out in the testimony that in the meantime other offices had taken over the management of the research work in the various fields 7#a7 ,reich ,research ,council1 7#b7 ,office for ,science and ,research1 and 7#c7 ,society for ,military ,research4 ,in conclusion and by way of precaution1 ,i also wish to mention the following for the consideration of the ,tribunal in connection with the problem of the commanding authority of ,handloser as ,chief of the ,armed ,forces ,medical ,services3 ,supposing for a moment that ,professor ,handloser had had the power of command1 there is nothing that speaks more convincingly for his exoneration than the fact that the prosecution has not produced one single document 7no order1 no regulation1 no letter7 from which could be deduced that he had made use of his commanding authority in the sense of ordering the performance of an illegal experiment4 ,in view of the length of time for which he had held the position as ,chief of the ,armed ,forces ,medical ,services from ,august #aidb until ,may #aidd1 this fact is of decisive importance4 99 99 99 99 99 ,,extract ,,from ,,the ,,closing ,,brief ,,for ,,defendant ,,genzken 99 99 99 99 99 ,position and activities ,the witness ,juettner states the following about his position and his activities 7,genzken #ae1 ,genzken ,ex4 #af73 8,dr4 ,genzken's position as ,chief of the ,medical ,office of the ,waffen ,,ss was the position of a superior officer of the medical units of the ,waffen ,,ss4 ,he was exclusively responsible for their training1 the formation of new units and their equipment4 ,he had to find substitutes for casualties in the fighting units40 ,the ,waffen ,,ss itself was newly created in the summer of #aidj4 ,at that time it was composed of approximately #ehj1jjj men4 7,tr4 p4 #cgib ff47 ,in addition to that there were about #cbj1jjj casualties1 so that there was a total strength of approximately #ijj1jjj men4 ,the official medical care of the whole ,waffen ,,ss was in the hands of the defendant ,dr4 ,genzken4 ,at the beginning1 the medical personnel of the ,waffen ,,ss was about #hjj men and at the end approximately #cj1jjj men4 ,at the beginning1 two hospitals were available to the ,waffen ,,ss and at the end of the war1 sixty4 ,six hygiene institutes grew out of a single one in ,berlin1 etc4 ,apart from that1 the whole extensive medical organization during the war had to be built up by ,dr4 ,genzken from nothing and under the particularly difficult circumstances caused by war which are sufficiently well known to the high ,tribunal4 ,the medical inspectorates of the three ,wehrmacht branches could refer back to long years of experience1 in the case of army and navy even tens of years4 ,this was not the case in the young arm of the ,waffen ,,ss4 ,for this reason alone it is obvious that the scientific research and planning was not included in ,dr4 ,genzken's sphere of work1 as he repeatedly emphasized during his presentation of evidence and as he underlined by the presentation of affidavits4 7,genzken #c1 ,genzken ,ex4 #ab2 ,genzken #e1 ,genzken ,ex4 #ac2 ,genzken #f1 ,genzken ,ex4 #aj2 ,genzken #h1 ,genzken ,ex4 #aa2 ,genzken #i1 ,genzken ,ex4 #i2 ,genzken #ae1 ,genzken ,ex4 #af47 ,but ,dr4 ,genzken did not even have the time to concern himself seriously with scientific matters4 ,that was only natural4 ,his most pressing worries were to organize newly the medical services of the ,waffen ,,ss as regards personnel and material and to look after it continuously4 ,his position brought with it a considerable responsibility in the whole province of medical services of the ,waffen ,,ss by establishing new medical units1 equipping of new hospitals so that he had no time left for any other work4 ,it has become absolutely clear during this trial that scientific research and planning was the task of the ,reich ,physician ,,ss4 ,may ,i point out in this connection that all the experiments which were discussed in this trial can be traced back almost without exception to ,himmler's and ,grawitz' own initiative4 ,whether they were high altitude and cooling experiments or typhus and sulfanilamide experiments1 all of them were started by one of ,himmler's or ,grawitz' orders4 ,this fact is still more underlined by ,document #jjb-,,ps1 ,prosecution ,exhibit #ci4 ,it is1 as it says there literally1 concerned with the taking over of research work by the ,reich ,physician ,,ss1 ,grawitz4 ,the latter had asked at the end of #aidb that #ec officers be allotted to him for scientific research work4 ,in the whole document1 which consists of several reports of the ,reich ,ministry of ,finance and the ,reich ,physician1 the scientific research work in the whole of the medical sphere is mentioned again and again as directed and ordered by the ,reich ,physician4 ,even though the application was rejected1 later on the lack of typhus vaccine gave1 for example1 ,dr4 ,grawitz the opportunity to establish1 with ,himmler's authorization1 an experimental station for typhus research in the ,buchenwald concentration camp as his first own scientific institute4 ,grawitz has also frequently emphasized to the defendant ,mrugowsky that he alone was competent for the research and planning tasks in the medical branch within the ,,ss1 and that ,dr4 ,genzken had nothing to do with it4 7,genzken #a1 ,genzken ,ex4 #c47 ,that ,dr4 ,genzken was never interested in the activity and the sphere of work of the ,reich ,physician1 nor even tried to be given these tasks1 follows from the fact that in #aida ,himmler chose ,dr4 ,genzken to became ,grawitz' successor4 ,when ,genzken's superior officer1 the ,chief of the ,,ss ,operational ,main ,office ,fuehrungshauptamt ,juettner1 informed him about this request1 he at once rejected it energetically1 as he preferred to remain in the medical service of the troops and as he thought himself not suitable for scientific research4 7,genzken #ae1 ,genzken ,ex4 #af47 ,dr4 ,genzken during his interrogation gave the ,court a detailed description of the entire staff available to him for the completion of his duties4 ,he expressly pointed out that in the entire organization of his medical office1 no office for scientific research and planning was scheduled1 and that therefore1 in fact no such office actually existed4 7,tr4 p4 #cgif47 ,this fact is also emphasized by the fact that in the ,medical ,office of the ,waffen ,,ss no group of 8consulting physicians0 existed as specialists for the various specialized branches of medical science4 7,genzken #ah1 ,genzken ,ex4 #ag47 ,further1 at the end of ,august #aidc1 important changes in the form of the organization were effected by order of ,himmler1 so that by way of a clinical and organizational concentration of the entire medical services of the ,,ss1 ,dr4 ,genzken had to turn over his entire pharmaceutical equipment and hygiene institutes1 as well as four office chiefs to the office of the ,reich ,physician ,,ss and ,police4 ,thereby these institutes were under the sole supervision and responsibility of the ,reich ,physician from this time onwards4 ,it must be emphasized that ,dr4 ,genzken himself never was in the foreground as a scientist4 ,during the ,first ,world ,war he was in the navy and concerned with the organization of the medical services for submarines1 then he was for #ae years a general practitioner in a small town1 was then occupied with organizational duties in the ,reichswehr ,ministry1 and then with similar duties in the ,waffen ,,ss2 he never held a chair or a professorship and did not have the honorary title of 8,professor04 ,as in the course of the trial the ,hygiene ,institute of the ,waffen ,,ss was often connected with the experiments1 may ,i be allowed to point out the following3 ,the ,hygiene ,institute of the ,waffen ,,ss was the only one in the home country4 ,it was not only available for the hygienic problems of the ,waffen ,,ss1 but also for all other organizations of the ,,ss and therewith also for the ,reich ,physician for his scientific researches4 ,during the dispute between ,grawitz and ,dr4 ,genzken before the ,chief of the ,,ss ,operational ,main ,office1 the fields of authority between the two were again clearly defined and it was expressly pointed out that the institutes and the research equipment were to remain available to the ,reich ,physician for his research work 7,tr4 p4 #cghi2 ,genzken #c1 ,genzken ,ex4 #ab474 ,the ,hygiene ,institute of the ,waffen ,,ss was1 for budgetary reasons1 subordinate organizationally to the ,medical ,office of the ,waffen ,,ss and therewith to the defendant ,dr4 ,genzken4 ,despite this1 however1 ,genzken did not have complete and sole authority over the ,institute4 99 99 99 99 99 ,,extracts ,,from ,,the ,,closing ,,brief ,,for ,,defendant ,,blome 99 99 99 99 99 ,what connection have all these facts 7concerning deterioration of the standard of the ,german medical profession7 with the defendant ,dr4 ,blome8 ,he was never ,chief of the ,german ,medical ,service nor was he in charge of higher education4 ,he was merely the deputy of the ,reich ,chief ,physician1 and as such his only legitimate task was to direct the medical professional associations4 ,then again he only served in this capacity as the deputy of ,dr4 ,conti 7who has been frequently mentioned here71 and he had to work within the limits imposed by ,dr4 ,conti4 ,if the prosecution intends to be fair1 it may hold ,dr4 ,conti responsible for the abuses and mismanagement which occurred4 ,it was he who1 as ,under ,secretary in the ,reich ,ministry of the ,interior1 was in charge of the whole federal public health system4 ,he1 therefore1 was the actual ,reich ,chief ,physician1 not ,dr4 ,blome who would never have been indicted at all if ,dr4 ,conti had not committed suicide and a deputy had not been needed1 even after his death1 to represent him in the dock4 ,from the very beginning ,dr4 ,blome had nothing to do with medical studies4 ,he was only concerned with the doctors after they had completed their studies and training and were subjected to the disciplinary authority of the ,reich ,chamber of ,physicians as licensed physicians4 ,if the medical training was no good1 if medical officers were released with insufficient scientific knowledge or with bad or wrong professional ethics1 then the professor may be considered responsible for this if their teaching did not reach the required goal4 ,on the other hand perhaps the heads of the clinics were responsible4 ,perhaps they did not imbue their practitioners and assistants with the proper professional ethics4 ,whatever the case may have been1 one should not merely look around for a scapegoat to shoulder the moral responsibility4 99 99 99 99 99 ,after all ,blome was not consulted in #aice when the ,nuremberg laws against ,jewish citizens were enacted1 nor in #aich and the years following when ,jewish doctors were gradually prevented from practicing4 ,blome is in no way responsible for this4 ,these laws were promulgated by the ,reich1 that is1 by the supreme national authority4 ,they were ordered by ,reich law and they not only affected the medical profession but also applied to all independent professions and to the entire economic life4 ,they destroyed the economic existence of the ,jewish doctor as well as that of the ,jewish attorney1 author1 and businessman4 ,the medical professional organization was not asked at the time whether it agreed to these measures--as a matter of fact1 it was only subsequently informed of the ,reich laws enacted and consequently was confronted with accomplished facts4 ,if these laws and government orders were crimes against humanity1 very well1 then the statesmen and the ministers who introduced such laws can be held responsible for them1 also the ,reichstag deputies who enacted such laws1 and the government agencies which published these laws and regarded them as generally binding4 ,but it would be unfair today to try to impose the moral guilt for this development upon a man who was always a mere subordinate executive agent with no independent authority to give orders2 a man who always fought against the manifestations of radicalism and tried wherever possible to have the federal laws enforced without harshness4 ,this1 for instance1 is proved by the affidavit of ,dr4 ,strakosch 7,blome #bb1 ,blome ,ex4 #ba7 who himself had two ,jewish grandparents and who owed the defendant ,blome the preservation of his economic existence and who can confirm from his own experience that ,blome was never one of the fanatical and ruthless types of the ,hitler regime4 ,dr4 ,strakosch confirmed that ,blome always intended to act as a mitigating influence and that ,blome was purely an idealist and not an opportunist in his political convictions4 ----- #aci ,closing statement is recorded in mimeographed transcript1 #ad ,july #aidg1 pp4 #ajgah-ajgif4 #adj #ff ,supreme ,court #cdj 7#aidf74 #ada ,law ,reports of ,trials of ,war ,criminals1 vol4 ,,iv1 pp4 #c-d1 ,london1 #aidh4 #adb ,law ,reports of ,trials of ,war ,criminals1 vol4 ,,iv1 p4 #b1 ,london1 #aidh4 #adc ,trial of the ,major ,war ,criminals1 vol4 ,i1 p4 #cjf1 ,nuremberg1 #aidg4 #add ,final plea is recorded in mimeographed transcript1 #ad ,july2 #aidg1 pp4 #ajgig-ajhag4 #ade ,final ,plea is recorded in mimeographed transcript1 #af ,july #aidf1 pp4 #ajidb-ajiga4 #adf ,final plea is recorded in mimeographed transcript1 #ae ,july #aidg1 pp4 #ajhej-ajhgc4 #adg ,defendant before ,international ,military ,tribunal4 ,see ,trial of the ,major ,war ,criminals1 ,vols4 ,i-,,xlii1 ,nuremberg1 #aidg4 #adh ,trial of the ,major ,war ,criminals1 vol4 ,i1 p4 #bhh1 ,nuremberg1 #aidg4 ,c4 ,responsibility of ,subordinates for ,acts ,carried ,out ,under ,superior ,orders a4 ,introduction ,article ,,ii #d 7b7 of ,control ,council ,law ,no4 #aj states that--8,the fact that any person acted pursuant to the order of his government or of a superior does not free him from responsibility for a crime1 but may be considered in mitigation40 ,the defendants argued1 however1 that superior orders freed them from criminal responsibility entirely4 ,they also argued that superior orders to engage in the conduct alleged as criminal constitute a mitigating circumstance4 ,extracts from the closing statement of the prosecution on the same point appears on pages #ieg to #ieh4 ,a summation of the evidence on this point by the defense has been taken from the final pleas on behalf of the defendants ,brack and ,fischer4 ,it appears below on pages #iei to #igj4 ,this argumentation is followed by two sections from the testimony of defendants on pages #igj to #igd1 extracts from the examination of defendant ,karl ,brandt by ,judge ,sebring1 and an extract from the cross-examination of defendant ,rose4 b4 ,selection from the ,argumentation of the ,prosecution ,,extracts ,,from ,,the ,,closing ,,statement ,,of ,,the ,,prosecution#adi 99 99 99 99 99 ,the defense of ,handloser is a general denial4 ,he says in effect that3 ,i was a soldier4 ,i was in charge of the medical administration of the ,wehrmacht1 but had no power and no right to issue orders1 and that whatever may have happened1 ,i am not responsible for it4 ,it is interesting to note that this defense is very similar to that put forward by ,field ,marshal ,keitel#aej in this courtroom approximately a year ago4 ,he was represented by the same defense counsel4 ,keitel also said that he could not issue orders4 ,we have already discussed in some detail the position of ,handloser1 and it has been established beyond a shadow of a doubt that he was the supreme authority in the military medical services4 ,we need not stop to consider the practical difference between an order and a directive4 ,we have pointed out that the opportunity and power to control the participation of the military medical services in these crimes was his4 ,the evidence shows that ,handloser was connected with a number of criminal medical experiments including the typhus and other vaccine experiments both in ,buchenwald and ,natzweiler1 and the freezing1 sulfanilamide1 jaundice1 gas1 and the gas oedema experiments1 among others4 99 99 99 99 99 ,rudolf ,brandt also pleads superior orders in mitigation4 ,there is no evidence that ,himmler ordered ,brandt to participate in any crime4 ,brandt did so willfully4 ,there is no evidence that ,brandt retained his position out of fear4 ,he flourished in it4 ,nothing would have been easier for him than to be replaced by request or feigned inefficiency4 ,brandt was not a soldier on the field of battle4 ,his activities were far removed from the confusion of the front lines4 ,he did not act in the spontaneous heat of passion2 he had full time to consider and reflect upon his course of action4 ,he continued in his position from #aicc until his arrest by the ,allies in #aide1 no less than #ab years4 ,this fact alone removes any basis for mitigation4 ,moreover1 assuming that ,brandt was ordered to commit the criminal acts which are the subject of this trial1 when there is no fear of reprisal for disobedience1 obedience represents a voluntary participation in the crime4 ,such is the case with ,rudolf ,brandt4 ,finally the doctrine of superior orders cannot be considered in mitigation where such malignant and numerous crimes have been continuously and ruthlessly committed over a period of many years4 ,what has been said with respect to ,brandt applies equally to the defendant ,fischer who also pleads superior orders4 ,he knew at the time he performed these experiments that he was committing a crime4 ,he knew the pain1 disfigurement1 disability1 and risk of death to which his experimental victims would be subjected4 ,he could have refused to participate in the experiments without any fear of consequences4 ,this he admitted in saying1 8,it was not fear of a death sentence or anything like that1 but the choice confronting me was to be obedient or disobedient during war1 and thereby set an example1 an example of disobedience40 7,tr4 p4 #dcgd47 ,such an admission removes any basis for mitigation4 ,a soldier is always faced with the alternative of obeying or disobeying an order4 ,if he knows the order is criminal1 it is surely a hollow excuse to say it must be obeyed for the sake of obedience alone4 99 99 99 99 99 c4 ,selections from the ,argumentation of the ,defense ,,extract ,,from ,,the ,,final ,,plea ,,for ,,defendant ,,brack#aea 99 99 99 99 99 ,the treatment of the question of responsibility for euthanasia in this room encounters great difficulties insofar as there is not only considerable ignorance of certain peculiarities of the ,german position in constitutional matters1 but above all a great difference between the thinking of continental ,european and of transatlantic jurists on matters of constitutional statutory law4 ,law and morals have for centuries been sharply differentiated on the ,european continent in juristic and above all in legislative thinking in contrast to the states across the ocean4 ,this historical fact must be taken into consideration1 for only then can the realization be reached that in a question of ,german constitutional law only that development can be decisive which legal training has had in ,germany in deviations from the constitutional law of the ,weimar ,republic1 since the ,enabling ,act of #bd ,march #aicc and the ,head of the ,state ,law of #a ,august #aicd4 ,with these laws ,hitler was given all authority as head of the state and chief of the government1 in full recognition of the ,fuehrer principle which had been in operation for over a year1 with approval by the plebiscite of #ai ,august #aicd4 ,from this time on ,hitler incorporated the will of the people1 and the resulting functions4 ,he had thus become the ,supreme ,legislator of the ,reich4 ,a concluding resolution of the ,reichstag was only the confirmation of his primary declaration of his will4 ,among the independent promulgations of laws1 which were represented as direct emanations of his authority1 the declarations of ,hitler's will which were at first called 8decrees0 and later uniformly 8,fuehrer decrees0 assumed the most important role4 ,in them the distinction1 still customary under the ,weimar constitution1 between legislative and executive is overcome1 as ,hitler proclaimed in his ,reichstag speech of #cj ,january #aicg in the words3 8,there is only one legislative power and one executive40 ,therefore the decrees united material law with organizational measures and administrative directives1 especially insofar as they were addressed only to a group of persons gathered together in a certain community4 ,proclamation in the ,reich ,law ,gazette ,reichsgesetzblatt1 countersigned by the competent departmental minister1 and later the competent chancellery chief1 no longer played a decisive role in #aicg4 ,the ,fuehrer principle was already in full operation at this time4 ,it no longer tolerated the dependence of the authority to promulgate original laws which was granted to the ,fuehrer by the plebiscite of #aicd on the observance of formal regulations4 ,the only decisive thing that remained was the fact of the proclamation of the will of the ,fuehrer1 not its form4 ,hitler's ,decree of #a ,september #aici concerning euthanasia1 addressed to ,brandt and ,bouhler1 was therefore in form a legally quite acceptable act of government of the head of the state4 ,my conclusions from the examination of the development in legal history of the ,fuehrer principle in the ,third ,reich agrees with the testimony of the witnesses ,lammers1#aeb ,engert1 and ,best4 ,this testimony is underlined by the standpoint of the ,reich ,minister of ,justice ,guertner and by ,schlegelberger as representatives of supreme ,reich authorities1 as transmitted to us by ,lammers and ,engert4 ,finally1 it is affirmed by ,university ,professor ,dr4 ,hermann ,jahrreiss1 who a few days ago dealt with the questions arising in this connection in great detail and exhaustively in the ,justice ,case before ,military ,tribunal ,,iii4#aec ,i may ask the ,tribunal in judging this legal question to consider these statements4 ,brack was convinced of the legality of this decree on the basis not only of juridical but also other effective indications of much more significant independent steps taken by ,hitler in domestic and foreign policy4 ,brack's conviction1 that of a nonjurist1 of the legality of the ,fuehrer ,decree1 based on the explanations and information of his juristic associates and the concurring or at least nondissenting statements of the highest representatives of the ,reich justice authorities at the meeting of ,general ,public ,prosecutors on #bc ,april #aida1 can therefore not be doubted4 7,brack #cf1 ,brack ,ex4 #cf47 ,even if one denies the legal validity to the ,hitler ,decree1 though ,i regard it as valid1 ,brack committed a legal error at least as far as the particular legal position of ,hitler within the state is concerned1 under which decree otherwise illegal activities are to be excused4 ,this legal error is sufficient to abolish his guilt or at least the grave guilt of deliberate intent4 ,according to the ,german law valid at the time1 at any rate1 this is the case4 ,according to that1 a so-called error outside of criminal law--which is indeed the error about the legal validity of the decree of #a ,september #aici--;excludes the unlawful character which is an essential of the term 8deliberate intent04 99 99 99 99 99 ,,extracts ,,from ,,the ,,final ,,plea ,,for ,,defendant ,,fischer#aed 99 99 99 99 99 ,acts committed under orders and in relation to a specific military position ,the defendant ,fischer participated in the experiments for testing the effect of sulfanilamide upon orders of his medical and military superior ,karl ,gebhardt4 ,it is recognized in the penal code of all civilized nations that action upon orders represents a reason of exemption from guilt1 even if the order itself is contrary to law1 but binding for the subordinate4 ,in examining this legal question1 one proceeds from the principle that the court disregards the reasons of justification and exemption from guilt put forward by me in the case of the defendant ,karl ,gebhardt and considers that both the order given to the defendant ,karl ,gebhardt himself1 as also the passing on of this order to the defendant ,fritz ,fischer1 are contrary to law4 ,the adherence to a binding order1 even though it be contrary to law1 on the part of the subordinate creates for him a reason of exemption from guilt and1 therefore1 renders him also exempt from punishment4 ,this question is disputed only insofar as some consider the action of the subordinate not only excused but even 8justified40 ,further examination of this question at issue seems1 however1 not necessary in these proceedings1 since the result is the same in both cases1 namely1 the perpetrator's exemption from punishment4 ,the decisive question in the case on hand therefore is whether and to what extent the 8order0 for the sulfanilamide experiments was binding for the persons carrying it out4 ,in view of the fact that1 in principle1 the law in force at the time is applicable1 as the defendants lived under this law and it was binding for them1 the question is1 therefore1 to be examined within the framework of ,article #dg of the ,german ,military ,penal ,code4 ,according to this provision1 a subordinate who obeys is liable to be 8punished as an accessory if it is known to him that the order given by the superior concerned an act which has for its purpose to commit a general or military crime or offense40 ,however1 it is not correct1 as is sometimes accepted1 that ,article #dg of the ,german ,military ,code itself settles the question in how far military orders are either binding or not binding4 ,this is a question of public and administrative law4 ,but it must always concern an 8order regarding service matters10 the same as in other military conditions1 that is to say1 something which 8pertains to military service40 ,these assumptions are immediately present both in the case of the defendant ,karl ,gebhardt and in that of the defendant ,fritz ,fischer4 ,both were medical officers of the ,waffen ,,ss1 therefore a unit of the ,german ,wehrmacht in which especially the principle of obedience was strongly pronounced4 ,karl ,gebhardt was ,fritz ,fischer's immediate superior2 in matters of duty1 his order to assist with the medical experiments to be undertaken was a binding order for the young medical officer ,fischer4 ,in the investigation of the legal questions resulting from these circumstances1 we will separate the case of the defendant ,karl ,gebhardt1 where the 8order0 was issued from a very high authority1 namely1 from the ,head of the ,state and the ,commander in ,chief of the ,wehrmacht1 from the case of the defendant ,fritz ,fischer1 in which there is a question of an especially close relationship to his immediate military superior4 ,later1 ,i will return especially to the general questions of public law concerning the command of the ,fuehrer4 ,the evidence has shown that the order for testing the effectiveness of sulfanilamide emanated from the highest authority1 namely1 from the ,commander in ,chief of the ,wehrmacht personally4 ,the reasons of justification of the probable acceptance of the wartime state of emergency and the balancing of interests1 as discussed fully already in the investigation of the case of the defendant ,karl ,gebhardt1 gain importance independently first in the person of the defendant ,fritz ,fischer4 ,but they have influence1 of course1 on the legality or illegality of the order4 ,the investigation of this question has shown that the given order as such was legal4 ,even if one would not want to take this for granted1 however1 for a subordinate even an illegal order of a binding nature is of moment4 ,article #dg of the ,german ,military ,penal ,code1 as already observed1 lets the punishment of the subordinate stand1 if 8it was known0 to the latter that the order of the superior 8concerned an act which had for its purpose to commit a general or military crime or offense40 ,in all other cases the punishment touches only the commanding superior4 ,just as in most military courts of other armies1 the judicial practice concerning ,article #dg of the ,german ,military ,penal ,code also shows the tendency to a vast limitation of the penal responsibility of the subordinate4 ,that this tendency has grown from the purpose 8of guaranteeing the performance of the duty of obedience obligatory to the subordinate1 in the interest of military discipline and the ,wehrmacht's constant readiness for battle10 changes nothing in the fact as such4 ,here it is a matter of evaluating the legal position at the time the act was committed4 ,article #dg of the ,german ,military ,penal ,code establishes a penal responsibility on the part of the subordinate only if it was known to him that the order concerned an act the purpose of which was a crime or an offense4 ,german judicial practice demands in addition a definite knowledge on the part of the acting subordinate2 accordingly1 cases of mere doubt 7conditional intent7 or mere obligation to know 7negligence7 are expressly excluded4 ,neither is the idea satisfactory that the performance of the order resulted objectively in the committing of a crime or an offense4 ,on the contrary1 the superior must have intended this and this fact must have been known to the subordinate4 ,in applying these principles1 there cannot be any doubt that these suppositions were not fulfilled either in the case of the defendant ,karl ,gebhardt1 or in the case of the defendant ,fritz ,fischer--to say nothing at all of the defendant ,herta ,oberheuser4 ,both of these defendants regarded the order given them by the ,head of the ,state as a measure of war which was conditioned by special circumstances caused by the war itself1 and by means of which a question should be answered which was of decisive importance not only for the wounded1 but beyond that1 should furnish a contribution in the struggle for the foundations of life of the ,german people and for the existence of the ,reich4 ,both defendants were convinced at that time that the order given them should have any other purpose but the committing of a punishable act4 ,then1 in regard to the particular position of the defendant ,fritz ,fischer1 the meaning of an order of the immediate military superior is to be investigated4 ,at the beginning of the experiments1 the defendant ,fritz ,fischer had the rank of a first lieutenant4 ,he took part in the experiments at the direct command of his military and medical superior who held the rank of general4 ,in view of the surpassing authority of the defendant ,karl ,gebhardt1 as surgeon and ,chief of the ,hohenlychen ,clinic and in view of his high military position1 a refusal was completely out of the question4 ,on principle1 no other points of view but those already discussed apply here either4 ,whether the order is a direct or an indirect one offers no reason for difference4 ,in the case of the defendant ,fritz ,fischer1 however1 the following is still to be considered3 whether it was known1 etc41 to the subordinate is always to be especially examined according to the special circumstances of the moment4 ,at the same time1 of course1 a decisive part is played by the fact that the order for these experiments was given to the defendant ,fritz ,fischer1 not by a military superior who would not have been in a position or duly qualified to give an expert decision of this question1 but by a person who not only occupied a high military rank1 but beyond that had just that particular experience in the sphere in which the experiments were to be carried out4 ,the defendant ,karl ,gebhardt was not only a recognized and leading ,german surgeon1 but he had also as consulting surgeon to the ,waffen ,,ss and as chief of a surgical reserve combat unit acquired special experience in the sphere of combat surgery and in the treatment of the bacteriological infection of wounds4 ,the reason for this order given to the defendant ,fritz ,fischer by his chief must have affected him all the more convincingly1 as it coincided exactly with the experience which the defendant ,fritz ,fischer himself had gained as medical officer with the ,first ,,ss ,armored ,division in ,russia4 ,in addition1 there was the special framework in which all this took place4 ,fritz ,fischer had been released from the combat unit on account of serious illness and had been ordered to the ,hohenlychen ,clinic4 ,he was under the immediate impression of hard experience at the front4 ,in ,hohenlychen he found himself in a clinic which operated in peacetime conditions under the energetic direction of a man extraordinarily gifted in organizational and scientific matters4 ,every building1 every installation of this recognized model institute1 the numerous clinical innovations and modern methods of treatment1 every one of the many successful treatments of ,hohenlychen was inseparably bound up with the name of the chief physician ,karl ,gebhardt and gave unconditional and unlimited value to his word and his authority in his entire environment4 ,for all these reasons1 the defendant ,fritz ,fischer could have had no doubt at all but that the performance of the order given him was from the medical standpoint a requisite and permissible war measure4 ,precisely the open carrying-out of the individual experimental measures1 with the exclusion of every duty of secrecy1 as well as the report of the results which was provided for in advance and also executed before a critical forum of the highest military physicians1 were especially suited to nip in the bud any distrust of the justification of these experiments in the mind of the defendant ,fritz ,fischer4 99 99 99 99 99 ,as ,fritz ,fischer strictly adhered to the part-orders given to him and did not show any initiative of his own1 it excludes him moreover from any responsibility concerning questions which were outside his sphere of action4 ,it is impossible to make ,fritz ,fischer responsible for questions connected with the legal and medical preparation of the directives for the experiments and the cosmetic after-treatment4 ,apart from this viewpoint1 the special conditions of public law which existed in ,germany at the time of the action ought to be mentioned4 ,they were explained by ,professor ,jahrreiss in his opening speech before the ,international ,military ,tribunal in the proceedings against ,hermann ,goering and others4#aee ,professor ,jahrreiss thereby represented the following point of view3 8,state orders1 whether they lay down rules or decide individual cases1 can always be measured against the existing written and unwritten law1 but also against the rules of international law1 morals1 and religion4 ,someone1 even if only the conscience of the person giving the orders1 is always asking3 ,has the person giving the order ordered something which he had no right to order8 ,or has he formed and published his order by an inadmissible procedure8 ,but an unavoidable problem for all governmental systems lies in this3 ,should or can it grant the members of its hierarchy1 its officials and officers1 the right--or even impose on them the duty--to examine at any time any order which demands obedience from them1 to determine whether it is lawful1 and to decide accordingly whether to obey or refuse8 ,no governmental system which has appeared in history to date has given an affirmative answer to this question4 ,only certain members of the hierarchy were ever granted this right2 and they were not granted it without limits4 ,this was also the case1 for instance1 under the extremely democratic constitution of the ,german ,reich during the ,weimar ,republic and is so today under the occupation rule of the four great powers over ,germany4 8,in as far as such a right of examinations is not granted to members of the hierarchy1 the order has legal force for them4 8,all constitutional law1 that of modern states as well1 knows acts of state which must be respected by the authorities even when they are defective4 ,certain acts of laying down rules1 certain decisions on individual cases which have received legal force1 are valid even when the person giving the order has exceeded his competence or has made a mistake in form4 8,if only because the process of going back to a still higher order must finally come to an end1 orders must exist under every government that are binding on the members of the hierarchy under all circumstances and are therefore law where the officials are concerned1 even if outsiders may see that they are defective as regard content or form 99 99 994 899 99 99 ,the result of the development in the ,reich of ,hitler was at any rate that ,hitler became the supreme legislator as well as the supreme author of individual orders4 ,it was not least of all under the impression of the surprising successes1 or what were considered successes in ,germany and abroad1 above all during the course of this war1 that he became this4 ,perhaps the ,german people are--even though with great differences between north and south1 west and east--particularly easily subjected to actual power1 particularly easily led by orders1 particularly used to the idea of a superior4 ,thus the whole process may have been made easier4 8,finally the only thing that was not quite clear was ,hitler's relationship to the judiciary4 ,for1 even in ,hitler-,germany1 it was not possible to kill the idea that it was essential to allow justice to be exercised by independent courts1 at least in matters which concern the wide masses in their everyday life4 ,up to the highest group of ,party officials--this has been shown by some of the speeches of the ,reich ,justice ,leader1 the defendant ,dr4 ,frank1 which were submitted here--there was resistance1 which was actually not very successful1 when justice in civil and ordinary criminal cases was also to be forced into the 8sic jubeo0 of the one man4 ,but1 apart from the judiciary1 which was actually also tottering1 absolute monocracy was complete4 ,the ,reichstag's pompous declaration about ,hitler's legal position1 dated #bf ,april #aidb1 was actually only the statement of what had become practice long before4 8,the ,fuehrer's orders were law already a considerable time before this ,second ,world ,war4 8,in this state order of his1 the ,german ,reich was treated as a partner by the other states1 and this in the whole field of politics4 ,in this connection ,i do not wish to stress the way 7so impressive to the ,german people and so fatal to all opposition7 in which this took place in #aicf at the ,olympic ,games1 a show which ,hitler could not order the delegations of foreign nations to attend1 as he ordered ,germans to the ,nuernberg ,party ,rally in the case of his state-shows4 ,i should like rather only to point out that the governments of the greatest nations in the world considered the word of this 8almighty0 man the final decision1 incontestably valid for every ,german1 and based their decisions on major questions on the fact that ,hitler's order was incontestably valid4 ,to mention only the most striking cases1 this fact was relied upon when the ,british ,prime ,minister1 ,neville ,chamberlain1 after the ,munich ,conference1 displayed the famous peace paper when he landed at ,croydon4 ,this fact was adhered to when people went to war against the ,reich as the barbarous despotism of this one man4 8,no political system has yet pleased all people who live under it or who feel its effects abroad4 ,the ,german political system in the ,hitler era displeased a particularly large and ever-increasing number of people at home and abroad4 8,but that does not in any way alter the fact that it existed1 not lastly because of the recognition from abroad and because of its effectiveness1 which caused a ,british ,prime ,minister to make the now world-famous statement at a critical period1 that democracies need two years longer than the totalitarian governments to attain a certain goal4 ,only one who has lived as if expelled from among his own people1 amidst blindly believing masses who idolized this man as infallible1 knows how firmly ,hitler's power was anchored in the anonymous and innumerable following who believed him capable only of doing what was good and right4 ,they did not know him personally1 he was for them what propaganda made of him1 but this he was so uncompromisingly that everybody who saw him from close-to and saw otherwise1 knew clearly that resistance was absolutely useless and1 in the eyes of other people1 was not even martyrdom4 8,would it therefore not be a self-contradictory proceeding if both the following assertions were to be realized at the same time in the rules of this trial8 99 99 99 899 99 99 ,the functionaries had neither the right nor the duty to examine the orders of the monocrat to determine their legality4 ,for them these orders could not be illegal at all1 with one exception which will be discussed later--an exception which1 if carefully examined1 is seen to be only an apparent one--namely with the exception of cases in which the monocrat placed himself1 according to the indisputable values of our times1 outside every human order1 and in which a real question of right or wrong was not put at all and thus a real examination was not demanded4 8,hitler's will was the ultimate authority for their considerations on what to do and what not to do4 ,the ,fuehrer's order cut off every discussion4 ,therefore1 a person who1 as a functionary of the hierarchy refers to an order of the ,fuehrer's1 is not trying to provide a ground for being exempted from punishment for an illegal action1 but he denies the assertion that his conduct is illegal2 for the order which he complied with was legally unassailable4 8,only a person who has understood this can have a conception of the difficult inner struggles which so many ,german officials had to fight out in these years in face of many a decree or resolution of ,hitler's4 ,for them such cases were not a question of a conflict between right and wrong3 ,disputes about legality sank into insignificance4 ,for them the problem was one of legitimacy2 as time went on1 human and divine law opposed each other ever more strongly and more frequently4 8,therefore1 whatever the ,charter understands by the orders which it sets aside as a ground for exemption from punishment1 can the ,fuehrer's order be meant by this8 ,can it come within the meaning of this rule8 ,must one not accept this order for what it was according to the interior ,german constitution as it had developed1 a constitution which had been explicitly or implicitly recognized by the community of states8 99 99 99 899 99 99 ,the one supreme will became1 quite simply1 technically indispensable4 ,it became the mechanical connecting link for the whole4 ,a functionary who met with objections or even resistance to one of his orders from other functionaries only needed to refer to an order of the ,fuehrer's to get his way4 ,for this reason many1 very many1 among those ,germans who felt ,hitler's regime to be intolerable1 who indeed hated him like the devil1 looked ahead only with the greatest anxiety to the time when this man would disappear from the scene2 for what would happen when this connecting link disappeared8 ,it was a vicious circle4 8,i repeat3 ,an order of the ,fuehrer's was binding--and indeed legally binding--on the person to whom it was given1 even if the directive was contrary to international law or to other traditional values40 ,so much for the statements of ,professor ,jahrreiss before the ,international ,military ,tribunal4 ,the development presented here seems to be particularly relevant for the case of the defendant ,fischer1 since he himself in the witness box described his attitude towards the ,fuehrer's command in a way which1 because of his very youth1 his idealistic conception of life and duty and his manly confession1 was particularly convincing4 ,it is true that in the face of all this1 reference will be made to ,article #h of the ,charter for the ,international ,military ,tribunal which reads3 8,the fact that the defendant acted pursuant to order of his ,government or of a superior shall not free him from responsibility1 but may be considered in mitigation of punishment if the ,tribunal determines that justice so requires40 ,accordingly1 ,law ,no4 #aj of the ,control ,council1 ,article ,,ii1 paragraph #d reads-- 87b7 ,the fact that any person acted pursuant to the orders of his government or of a superior does not free him from responsibility for a crime1 but may be considered in mitigation40 ,in the face of this objection the following is to be pointed out3 ,at the time of their actions the defendants were subject to ,german law according to which the degree of their responsibility was determined and1 even today1 must justly be referred back to that moment4 ,the following should be emphasized1 however1 in case the ,tribunal should not apply the legal provisions in force at the time of the act1 but should base its judgment on ,law ,no4 #aj of the ,control ,council1 though it represents a manifest violation of the prohibition of retroactive application of penal laws4 ,even from the above-named provision of the ,law of the ,control ,council1 the principle cannot be derived that every command of a superior should1 under the aspect of ,penal ,law1 be irrelevant under all circumstances4 ,this also applies to the problem of the exemption from responsibility and exemption from penalty4 ,the provision only states that the existence of such a command in itself does not exempt one from the responsibility for a crime2 it does not1 however1 preclude by any means that in connection with other facts it may be relevant for this problem as well4 ,the guiding legal aspect underlying these deliberations is contained in the concept of the so-called conflict of duties which has been repeatedly mentioned before4 ,this aspect does not coincide eo ipso with the 8objective0 principle of balancing interests1 as discussed in examining the case of the defendant ,karl ,gebhardt4 ,in addition one must insist on consideration of the 8subjective0 position of the person committing the act4 ,in other words1 in order to arrive at a just appreciation of the case1 the personal situation of the person committing the act at the moment of its being committed will have to be weighed up as well4 ,this applies particularly to the personal situation into which the person committing the act has been put by reason of a higher command which is binding for him and influences him4 ,besides the general 8objective0 principles of balancing interests1 such a special 8subjective0 state of coercion can and must therefore be considered in his favor also4 ,a 8command0 can1 therefore1 according to the concrete situation1 shift the boundaries of culpability further in his favor4 ,reinhardt ,frank1 the great ,german criminologist1 has with regard to the problem of the so-called conflict of duties established the maxim1 8,in as far as the conflict of duties has not been expressly regulated the maxim should prevail that the higher1 the more significant1 the more important duty is to be fulfilled at the expense of the less high one and that1 therefore1 omission to fulfill the latter one is not contrary to law40 ,with good reason it has always been emphasized that in such a situation of conflict of diversified duties the decision is1 in the end1 not to be found in positive law1 but it is of an ethical nature4 ,that is why1 in such a situation1 a certain leeway must be left to the personal conscience2 it is not possible here to arrive at everything through the coarse means of an outward penal provision4 ,this completely 8personal0 character of genuine ethical conflicts has also been fully recognized and emphasized in the authoritative philosophical literature4 ,nicholai ,hartmann1 ,ethics 7#b;d ,edition1 #aice1 pp4 #dba-dbb7 says for instance1 with regard to genuine conflicts of values3 8,it is a fateful error to believe that such problems can be solved on principle in theory4 ,there are border-line cases in which the conflict in conscience is grave enough to require a different solution according to the particular ethos of the person4 ,for it lies in the very nature of such conflicts that values are balanced1 and that it is not possible to emerge from them without becoming guilty4 ,accordingly1 a man in this situation cannot help making a decision4 ,a person faced with this serious conflict1 incurring such a measure of responsibility1 ought to decide this-- 8,to follow the dictates of his conscience to the best of his ability1 that is1 according to his own live sense of the level of values and accept the consequences40 ,no further argument should be needed for demonstrating that just from an ethical point of view measuring of such personal decisions by standards of penal law is out of the question4 99 99 99 99 99 d4 ,evidence ,testimony ,page ,extracts from the testimony of defendant ,karl ,brandt #igj ,extract from the testimony of defendant ,rose #igc ,,extracts ,,from ,,the ,,testimony ,,of ,,defendant ,,karl ,,brandt#aef ,,examination 99 99 99 99 99 ,,judge ,,sebring3 99 99 99 ,witness1 for the sake of clarification1 let us assume that it would have been highly important to the ,wehrmacht to ascertain1 as a matter of fact1 how long a human being could withstand exposure to cold before succumbing to the effects of it4 ,do you understand that8 ,let's assume secondly that human subjects were selected for such freezing experiments without their consent4 ,let's assume thirdly that such involuntary human subjects were subjected to the experiments and died as a direct or indirect result thereof4 ,now1 would you be good enough to inform the ,tribunal what your view of such an experiment is--either from the legal or from the ethical point of view8 ,,defendant ,,karl ,,brandt3 ,i must repeat once more1 in order to make sure that ,i understood you correctly4 ,when assigning the experiment the following things are assumed3 highest military necessity1 involuntary nature of the experiment1 and the danger of the experiment with eventual fatality4 ,in this case ,i am of the opinion that1 when considering the circumstances of the situation of the war1 this state institution which has laid down the importance in the interest of the state at the same time takes the responsibility away from the physician if such an experiment ends fatally and such a responsibility has to be taken by the state4 ,q4 ,now1 does it take away that responsibility from the physician1 in your view1 or does it share that responsibility jointly with the physician1 in your view8 ,a4 ,in my view1 this responsibility is taken away from the physician because1 from that moment on1 the physician is merely an instrument maybe in the same sense as in the case of an officer who receives an order at the front and leads a group of three or four soldiers into a position where they are certain to meet death4 ,that position1 if ,i apply it to ,german conditions during the war1 is in principle the same4 ,i don't believe that the physician as such1 from his ethical and moral feelings1 would carry out such an experiment without this assurance of the authoritarian state which gives him a formal and legal assurance on one side and1 on the other side1 gives him the order for the execution4 ,naturally1 in this case1 it is a theoretical question since ,i cannot survey the position in the case of the freezing experiment4 ,i don't know how this assurance was given and how the order was given4 ,basically1 ,i want to differentiate between the order for an experiment which arises from medical needs as such and where1 under the circumstances1 the state only has a secondary interest on the basis of medical initiatives1 and ,i would differentiate between the reverse state of affairs where the state uses medical activities4 ,q4 ,the ,tribunal has one further question of interest4 ,in your view1 would an order which authorized or directed a subordinate medical officer or subordinate medical group to carry on a certain medical experiment--let us assume for the moment this freezing experiment--we have then a general order1 let us assume1 directing a certain institute to carry on freezing experiments without delineating or specifying in detail the exact course of those experiments4 ,would you conceive that such an order would authorize the medical officer to whom the order was addressed to select subjects involuntarily and subject them to experiments1 the execution of which that officer absolutely knew or should have known would likely result in death to the subject8 ,a4 ,may ,i have your last sentence repeated1 please8 ,this question is extremely difficult to answer4 ,the order given in such a case has to be taken into consideration4 ,may ,i1 perhaps1 answer with an example of such an order4 ,if ,himmler gives an order to a ,dr4 8,x0 and tells him to carry out a certain experiment1 then it is possible that ,dr4 8,x0 did not wish to comply with this order4 ,in such a case1 however1 ,dr4 8,x0 will not have overlooked the importance of the experiment itself1 the same way as the lieutenant who received a certain military order--and we are here concerned with a military order--does not overlook that he would have to hold out with a group of eight men at a bridgehead and that this would end in his death4 ,in spite of that1 this officer with his eight men to whom he passed this order on would meet their death at that position4 ,so this physician 8,x0 who received this order from ,himmler would under the circumstances have to carry out an experiment without being able to judge the validity of the reasons which prompted a central agency4 ,if a physician had not carried out that experiment1 he would have got into a position where he would be called to account if he had not carried out that experiment4 ,in this case1 and there we have to consider the authoritarian nature of our state1 the personal feeling and the feeling of a special professional1 ethical obligation has to subordinate itself to the totalitarian nature of the war4 ,i must say once more1 these are theoretical assumptions which ,i am expressing here4 ,at the same time ,i could express how difficult such decisions are if ,i refer to an example which recently was quoted here1 and ,i mean the eight hundred inmates in a prison in ,america who were infected with malaria4 ,i don't want to refer to this example in order to justify the experiments which are under indictment here1 but ,i want to express that the question of the importance of an experiment is1 and remains1 basically of decisive importance4 ,even there a certain number of fatalities had to be expected from the start when infecting eight hundred people with malaria4 ,the voluntary attitude which an inmate adopts and with which an inmate makes himself available is a relatively voluntary agreement4 ,i don't think it would be the same if one were to receive a voluntary agreement from people who are present here4 ,one has to consider the nature of the voluntary agreement4 ,in my opinion1 this round figure of eight hundred speaks against the voluntary agreement of all4 ,i would assume that if it was seven hundred and thirty-five or seven hundred and forty1 it would be different1 but the round figure of eight hundred seems to indicate that there was a certain order for the experiment before the beginning of the experiment1 and these experiments1 too1 were directed from the point of view of a superior state interest1 and this superior state interest1 at the same time1 takes over the responsibility for the result of the experiment with reference to the experimental subject4 ,for responsibility in a medical sense cannot be assumed at all since even a negative series of experiments speaks against the urgency and necessity of these experiments2 and particularly when answering the question about voluntary or involuntary1 dangerous or nondangerous natures1 it is very difficult and almost impossible to say basically with reference to experiments that experiments on human beings1 taking all these things into consideration1 are a crime or are not a crime4 ,the question can only be judged when over and above the expected result experiments are still continued4 ,if a result has been established and further experiments on human beings are then carried out1 they are not important1 and the experiment which is not important is only a dilettante experiment4 ,in that case ,i would from the start assume the word 8criminal10 but when dealing with important experiments1 it is necessary to take into consideration all the circumstances which played a part at that time2 that is to say1 the important experiments1 from the moment a result is achieved1 become unimportant4 ,from that moment on1 in my opinion1 the experiment is criminal4 ,therefore1 that when speaking about human experiments at all1 one must put the results at the disposal of the state--not only to one state but internationally--so that experiments which are carried out in ,russia and which had shown results would not be continued in other countries4 ,with reference to freezing experiments1 ,i can only say that in a certain form1 without saying 8criminal0 or 8not criminal10 they showed their value4 ,the indication for that is that the results in the ,american ,air ,force were considered as something extraordinary and helped the ,american ,air ,force to gain years1 and ,i think that these experiments would also be of use in mines1 where a number of fatalities occur because of freezing4 ,if you consider the freezing experiments in that light1 the victims in effect are tragic and are to be regretted1 but with reference to subsequent periods these victims are a real sacrifice1 for hundreds1 or maybe thousands of people might save or prolong their lives because of it4 99 99 99 99 99 ,q4 ,dr4 ,brandt1 is it not true that in any military organization1 even one of an authoritarian state1 there comes a point beyond which the officer receiving an order subjects himself to individual responsibility1 at least in the eyes of civilized society1 for carrying out any military orders1 particularly if the order is unlawful or transcends the limit of extreme military necessity8 ,a4 ,there was a general law stating that an officer does not have to carry out an order which he realizes is a crime1 but the question with reference to these various experiments is whether the man concerned can realize that what he is doing is a crime4 ,if he can realize it1 then1 in my opinion1 he cannot comply with the order4 99 99 99 99 99 ,,extract ,,from ,,the ,,testimony ,,of ,,defendant ,,rose#aeg ,,cross-,,examination 99 99 99 99 99 ,,mr4 ,,mchaney3 ,and you suggested and asked him defendant ,mrugowsky to carry out experiments with ,copenhagen vaccine in the typhus experiments in ,buchenwald1 didn't you8 ,,defendant ,,rose3 ,i was asking whether there was still a possibility of carrying out such a series of experiments4 ,that is quite understandable1 considering the situation1 because one can see from my report of #bi ,may #aidc1 that this seemed to constitute a considerable advance on the experiments already made on animals4 ,i knew that such experiments had been carried out earlier1 although ,i basically objected to these experiments4 ,this institution had been set up in ,germany and was approved by the state and covered by the state4 ,at that moment ,i was in a position which might correspond to that of a lawyer who is1 perhaps1 a basic opponent of capital punishment4 ,on occasions when he is dealing with leading members of the government or with lawyers during public congresses or meetings1 he will do everything in his power to maintain his opinion on the subject and have it put into effect4 ,if1 however1 he does not succeed1 he stays in his profession and in his environment in spite of this4 ,under certain circumstances he may perhaps even be forced to pronounce such a death sentence himself1 although he is basically an opponent of the principle4 ,of course1 it does not go as far as this in my case4 ,i am only in touch with people of whom ,i assume that they somehow are included in the official channels of such an institution1 which ,i disapprove of basically1 and which ,i want to see removed4 ,q4 ,professor1 six persons died in this experiment with the ,copenhagen vaccine1 didn't they8 ,a4 ,yes4 ,they were six people who were furnished by the ,reich ,criminal ,police ,office through ordinary channels as determined by competent agencies4 99 99 99 99 99 ----- #adi ,closing statement is recorded in mimeographed transcript1 #ad ,july #aidg1 pp4 #ajgah-ajgif4 #aej ,defendant before ,international ,military ,tribunal4 ,see ,trial of the ,major ,war ,criminals1 ,vols4 ,i-,,xlii1 ,nuremberg1 #aidg4 #aea ,final plea is recorded in mimeographed transcript1 #ah ,july #aidg1 pp4 #aabbj-aabdd4 #aeb ,defendant in case of ,united ,states vs4 ,ernst von ,weizsaecker1 et al4 ,see ,vols4 ,,xii1 ,,xiii1 ,,xiv4 #aec ,united ,states vs4 ,josef ,altstoetter1 et al4 ,see ,vol4 ,,iii4 #aed ,final plea is recorded in mimeographed transcript1 #af ,july #aidg1 pp4 #ajibb-ajida4 #aee ,trial of the ,major ,war ,criminals1 vol4 ,,xvii1 pp4 #deh-did1 ,nuremberg1 #aidh4 #aef ,complete testimony is recorded in mimeographed transcript1 #c1 #d1 #e1 #f1 #g ,feb4 #aidg1 pp4 #bcja-bffa4 #aeg ,complete testimony is recorded in mimeographed transcript1 #ah1 #ba1 #bb1 #bc1 #bd1 #be ,apr4 #aidg1 pp4 #fjha-fdhd4 ,d4 ,status of ,occupied ,poland ,under ,international ,law a4 ,introduction ,the defense argued that ,poland lost its sovereignty as a result of the complete occupation of ,polish territory and the cessation of ,polish military resistance in ,september #aici and held that in consequence ,germany could treat ,polish nationals according to ,german law4 ,an extract from the closing statement of the prosecution on this point appears on page #ige4 ,the argument1 that international law concerning belligerent occupation was thus not applicable to the treatment of ,polish nationals1 appears in the extracts from the final plea for defendant ,gebhardt on pages #igf to #igi4 b4 ,selection from the ,argumentation of the ,prosecution ,,extract ,,from ,,the ,,closing ,,statement ,,of ,,the ,,prosecution#aeh 99 99 99 99 99 ,in the case of some of the defendants1 and this is especially true with respect to ,gebhardt1 ,fischer1 and ,oberheuser in connection with the sulfanilamide experiments1 it is to be expected that the argument will be made that crimes against ,polish1 and perhaps also ,czech nationals1 do not constitute war crimes within the meaning of ,control ,council ,law ,no4 #aj4 ,this argument is based upon the proposition that ,germany was no longer bound by the rules of land warfare in many of the territories occupied during the war because ,germany had completely subjugated those countries and incorporated them into the ,german ,reich1 and therefore ,germany had the authority to deal with the occupied countries as though they were part of ,germany4 ,thus1 the defense placed in evidence the ,russo-,german ,boundary and ,friendship ,treaty of #bh ,september #aici as well as certain ,german decrees concerning the administration of occupied ,poland4 7,gebhardt #ad1 ,gebhardt ,ex4 #ac2 ,gebhardt #ae1 ,gebhardt ,ex4 #ad2 ,gebhardt #af1 ,gebhardt ,ex4 #ae47 ,without stopping to argue the point that that part of ,poland administered by the so-called ,general ,government1 from which the ,polish subjects for the sulfanilamide experiments came1 was never incorporated into the ,reich1 it will be sufficient to point out that this argument was disposed of by the ,international ,military ,tribunal4 ,in its judgment1 the following was said3#aei 8,in the view of the ,tribunal1 it is unnecessary in this case to decide whether this doctrine of subjugation1 dependent as it is upon military conquest1 has any application where the subjugation is the result of the crime of aggressive war4 ,the doctrine was never considered to be applicable so long as there was an army in the field attempting to restore the occupied countries to their true owners1 and in this case1 therefore1 the doctrine could not apply to any territories occupied after #a ,september #aici40 ,the argument also has no validity with respect to ,czech nationals4 ,the ,international ,military ,tribunal said that3 8,as to war crimes committed in ,bohemia and ,moravia1 it is a sufficient answer that these territories were never added to the ,reich1 but a mere protectorate was established over them40#afj 99 99 99 99 99 c4 ,selection from the ,argumentation of the ,defense ,,extract ,,from ,,the ,,final ,,plea ,,for ,,defendant ,,gebhardt#afa 99 99 99 99 99 ,the ,legal ,status of the ,experimental ,subjects 8,inmates of the ,ravensbrueck concentration camp who had been sentenced to death by ,german courts martial in the ,general ,government as members of the ,polish ,resistance ,movement were employed as experimental subjects 7in the sulfanilamide experiments740 ,the witnesses questioned in ,court and all experimental subjects from whom the prosecution has submitted affidavits have openly professed their membership of the ,resistance ,movement and it must be added that some of them exercised relatively important functions in the ,resistance ,movement4 ,if the legal status of the experimental subjects at the time of their activity in the ,resistance ,movement is examined1 the result will be as follows3 ,,legal ,,status ,,of ,,poland ,the former ,polish ,state ceased to exist as an independent subject from the point of view of international law at the latest on #bh ,september #aici4 ,after the entire area of the former ,polish ,state had been occupied by the ,german armies and the troops of the ,soviet ,union1 and the ,polish ,government had gone into ,romanian territory under pressure of the invasion of the ,red ,army on #ag ,september #aici1 the two occupational powers decided to carry out a plan previously agreed upon which was to settle all matters concerning the territory of the former ,polish ,state without interference by any other powers4 ,this was brought about by the ,german-,soviet ,boundary and ,friendship ,pact of #bh ,september #aici4 7,gebhardt #ad1 ,gebhardt ,ex4 #ac47 ,i refer to the contents of the pact for particulars4 ,it was on this day1 at the very latest1 that ,poland ceased to exist as a sovereign state and as bearer of rights and duties4 ,due to war1 the former ,polish ,state ceased to exist as a state and therewith as a subject from the point of view of international law4 ,the territory of the former ,polish ,state1 insofar as it fell within the sphere of ,soviet interests1 became part of the ,u4 ,s4 ,s4 ,r41 to which it still belongs today4 ,the ,polish territory1 which fell into the ,german sphere of interests and which is designated in detail in the ,supplementary ,protocol to the ,german-,soviet ,boundary and ,friendship ,pact1 became either part of the ,german ,reich or--and this concerned the larger part of the area--was made into an independent borderland of the ,german ,reich under the designation ,general ,government4 ,the constitutional laws governing this territory were based on the ,decree for the ,administration of the ,occupied ,polish ,territory issued on #ab ,october #aici by the ,fuehrer and ,reich ,chancellor4 ,i have presented the decree to the ,tribunal as ,document ,gebhardt #ae1 ,gebhardt ,exhibit #ad4 ,article #d of this decree states that ,polish law was to continue to be valid insofar as it was not at variance with the taking over of the administration by the ,german ,reich4 ,article #e gives the ,governor ,general the right to issue laws by ordinance for the territory under his administration4 ,corresponding to the generally acknowledged principles of international law the ordinances issued by the ,governor ,general were binding for the population of this territory4 ,this is especially true of the ,ordinance for ,combating ,deeds of ,violence in the ,general ,government1 which was issued on #ca ,october #aici 7,ordinance ,gazette for the ,general ,government1 page #aj71 and which also laid the foundation for the competence of the courts martial4 ,this ordinance had become necessary because the military government1 which had been active until #bf ,october #aici1 ceased to exist when the ,fuehrer ,decree of #ab ,october #aici became valid4 ,in this connection1 the following reply must be made to the objection of the prosecution in their final plea on the morning of the #adth4 ,first3 ,no ,polish ,government was in existence when these experimental subjects were working for the ,resistance ,movement in #aidj and #aida4 ,the ,polish ,government had ceased to exist as an independent subject under international law4 ,the government in exile in ,london under ,general ,sikorski and the government in ,lublin were only subsequently recognized by the ,western ,allies4 ,second3 ,when the experimental subjects were working for the ,resistance ,movement in #aidj1 no ,polish ,army in combat existed4 ,third3 ,the prosecution seems to have endeavored to express that this ,military ,tribunal should not primarily apply territorial penal law but the principles of international law4 ,for this very reason the prosecution pointed out that the jurisdiction and the judicial authority within the ,general ,government were the consequence of an aggressive war and could not1 therefore1 be legally recognized4 ,this concept does not apply4 ,it must first be pointed out that the principles of international law1 which have the function to regulate legal issues during war1 make no distinction between an aggressive war1 a defensive war1 or a justified war4 ,this is particularly stated in the ,fourth ,hague ,convention of #aijg1 the so-called ,hague ,land ,warfare ,convention4 ,the objection of the prosecution is not justified for another reason4 ,the evidence before the ,,imt showed that the attack on ,poland was carried out by ,germany in at least the same manner as it was carried out by the ,u4,s4,s4,r41 and that this becomes quite evident from the contents of the ,german-,soviet secret treaty of #bc ,august #aici4 ,nevertheless the ,u4,s4,a4 did not hesitate to recognize the territorial claims made by the ,u4,s4,s4,r4 in the area of the former ,polish ,state4 ,this recognition took place de facto as well as de jure during the ,yalta ,conference in ,february #aide and the ,potsdam ,conference on #b ,august #aide4 ,the prosecution cannot therefore object today to this state of affairs as far as the legal issues arising from this attack are concerned4 ,the ,ordinance for ,combating ,acts of ,violence in the ,general ,government and the introduction of the courts martial connected with it would1 by the way1 have been permissible1 even if though the former ,polish ,state had not ceased to exist as a subject in the realm of international law4 ,military occupation of foreign states 7occupatio bellica71 too1 gives the occupying power the right to take all the measures necessary for the maintenance of order and safety4 ,it is a generally acknowledged legal conception that in this case the occupying power takes over the power of the conquered state1 not as its deputy1 but rather by authority of its own laws guaranteed by international law4 ,the right is expressly acknowledged in the third section of the ,hague ,convention for ,land ,warfare ,section ,,iii1 ,annex to the ,convention4 ,there can be no doubt that the introduction of courts martial is one of these rights of the occupying power4 ,in fact it seems inconceivable that an occupying power should not be allowed to take measures for the effective combating of a resistance movement1 whose sole and openly admitted purpose it was to undermine and destroy the authority of the occupying power and the safety of the occupation troops4 ,the right to do this can be contested even less in our case1 since with the outbreak of the ,german-,soviet war1 the territory of the former ,general ,government became the largest military transit area which has ever existed in the history of war4 ,the methods by which the ,polish ,resistance ,movement tried to attain its goals do not need to be examined here in detail4 ,it is sufficient to point out that the ,resistance ,movement was in a position to interfere to a considerable extent with ,german ,army reinforcements against the ,red ,army2 this interference took the form of blasting of bridges1 transmission of important military information1 etc4 ,the ,polish women used for the sulfanilamide experiments were members of this ,resistance ,movement and they supported it wherever they could4 ,however much we respect the courage and patriotism of these women1 we cannot refrain from emphasizing the fact that they violated laws which at that time were binding for them4 ,this violation gave the occupation power the right to impose adequate punishment upon them4 ,it seems unthinkable that the members of a resistance movement such as the ,polish one would not have been sentenced to death during the war for their resistance activities by any other state which found itself in a position similar to that of ,germany at that time4 ,latest developments show that the occupation powers in ,germany now do not hesitate to impose the most severe penalties in similar cases4 ,for example1 the ,american ,military ,government for ,germany in its ,ordinance ,no4 #a1 which was issued to insure the safety of the ,allied ,armed ,forces and to reestablish public order in the territory occupied by them1 lists1 among others1 the following acts as crimes punishable by death3 ,communication of information which may be dangerous to the security or property of the ,allied ,forces1 or unauthorized possession of such information without promptly reporting it2 and unauthorized communication by code or cipher2 ,interference with transportation or communication or the operation of any public service or utility2 ,any other violation of the laws of war or act in aid of the enemy or endangering the security of the ,allied ,forces4 ,a comparison of these regulations with the contents of the court martial regulations of the ,governor ,general for the ,occupied ,polish ,territories1 presented in ,document ,book ,,ii for the defendant ,gebhardt1 shows clearly that here generally the same facts were declared to be punishable with the death sentence4 ,in order to exclude any doubts with regard to the legal status of the experimental subjects1 it may be pointed out in conclusion that the members of the ,polish ,resistance ,movements1 at least when the prisoners belonged to these movements1 did not fulfill the conditions of ,article ,i of the ,hague ,convention for ,land ,warfare of #aijg ,section ,i1 ,chapter ,i1 ,annex to the ,convention concerning militia and voluntary corps not affiliated with the army and having a certain military organization4 ,the ,polish ,resistance ,movement at that time 7#a7 had no leader who was ostensibly at its head and responsible for the conduct of the members2 7#b7 it wore no particular badge recognizable from a distance2 7#c7 it did not wear its arms openly2 and finally1 7#d7 in its conduct of war it disregarded the laws and practices of war4 ,in view of these facts the members of the ,resistance ,movement could not have been treated as prisoners of war even if at that time a ,polish ,army had still been in the field4 ,in view of the fact that the prisoners in question were women serving in the communications and espionage branches of the ,resistance ,movement1 this possibility was eliminated from the very beginning4 99 99 99 99 99 ----- #aeh ,closing statement is recorded in mimeographed transcript1 #ad ,july #aidg1 pp4 #ajgah-ajgif4 #aei ,trial of the ,major ,war ,criminals1 vol4 ,i1 p4 #bed1 ,nuremberg1 #aidg4 #afj ,ibid4 #afa ,final plea is recorded in mimeographed transcript1 #ae ,july #aidg1 pp4 #ajhgd-ajiaa4 ,e4 ,voluntary ,participation of ,experimental ,subjects a4 ,introduction ,there was considerable contention in the case as to whether an inmate of a ,german concentration camp could give his voluntary consent to participate in medical experiments4 ,the prosecution argumentation on this point appears in the opening statement on pages #bg-gd and in the closing statement4 ,the applicable extract from the closing statement of the prosecution appears below on pages #ihj to #ihc4 ,selections from the defense argumentation on this point have been taken from the closing brief for the defendant ,karl ,brandt and from the final plea for the defendant ,ruff4 ,these appear below on pages #ihc to #iib4 ,the following selections from the testimony have been taken from the evidence on this point3 ,extracts from the direct examination of the prosecution witness ,dr4 ,eugen ,kogon1 and extracts from the cross-examination and redirect examination of the prosecution's expert witness ,dr4 ,andrew ,c4 ,ivy4 ,these extracts appear below on pages #iic to #ajjd4 b4 ,selection from the ,argumentation of the ,prosecution ,,extract ,,from ,,the ,,closing ,,statement ,,of ,,the ,,prosecution#afb 99 99 99 99 99 99 99 99 ,it is the most fundamental tenet of medical ethics and human decency that the subjects volunteer for the experiment after being informed of its nature and hazards4 ,this is a clear dividing line between the criminal and what may be noncriminal4 ,if the experimental subjects cannot be said to have volunteered1 then the inquiry need proceed no further4 ,such is the simplicity of this case4 ,what then is a volunteer8 ,if one has a fertile imagination1 suppositious cases might be put which would require a somewhat refined judgment4 ,no such problem faces this ,tribunal4 ,the proof is overwhelming that there was never the slightest pretext of using volunteers4 ,it was for the very reason that volunteers could not be expected to undergo the murderous experiments which are the subject of this trial that these defendants turned to the inexhaustible pool of miserable and oppressed prisoners in the concentration camps4 ,can anyone seriously believe that ,poles1 ,jews1 and ,russians1 or even ,germans1 voluntarily submitted themselves to the tortures of the decompression chamber and freezing basin in ,dachau1 the poison gas chamber in ,natzweiler1 or the sterilization ,x-ray machines of ,auschwitz8 ,is it to be held that the ,polish girls in ,ravensbrueck gave their unfettered consent to be mutilated and killed for the glory of the ,third ,reich8 ,was the miserable gypsy who assaulted the defendant ,beiglboeck in this very courtroom a voluntary participant in the sea-water experiments8 ,did the hundreds of victims of the murderous typhus stations in ,buchenwald and ,natzweiler by any stretch of the imagination consent to those experiments8 ,the preponderance of the proof leaves no doubt whatever as to the answer to these questions4 ,the testimony of experimental subjects1 eyewitnesses1 and the documents of the defendant's own making1 establish beyond a shadow of a doubt that these experimental subjects were nonvolunteers in every sense of the word4 ,this fact is not seriously denied by the defendants4 ,most of them who performed the experiments themselves have admitted that they never so much as asked the subjects whether they were volunteering for the experiments4 ,as to the legal and moral necessity for consent1 the defendants pay theoretical lip service1 while at the same time leaving the back door ajar for a hasty retreat4 ,thus1 it is said that the totalitarian 8,state0 assumed the responsibility for the designation of the experimental subjects1 and under such circumstances the men who planned1 ordered1 performed1 or otherwise participated in the experiment cannot be held criminally responsible even though nonvolunteers were tortured and killed as a result4 ,this was perhaps brought out most clearly as a result of questions put to the defendant ,karl ,brandt by the ,tribunal4 ,when asked his view of an experiment1 which was assumed to have been of highest military necessity and of an involuntary character with resultant deaths1 ,brandt replied3 8,in this case ,i am of the opinion that1 considering the circumstances of the situation of the war1 this state institution1 which has laid down the importance of the interest of the state1 at the same time takes the responsibility away from the physician if such an experiment ends fatally1 and such responsibility must then be borne by the state40 7,tr4 p4 #befg47 ,further questioning elicited the opinion that the only man possibly responsible in this suppositious case was ,himmler1 who had the power of life and death over concentration camp inmates1 even though the experiment may have been ordered1 for example1 by the ,chief of the ,medical ,service of the ,luftwaffe and executed by doctors subordinated to him4 ,most of the other defendants took a similar position1 that they had no responsibility in the selection of the experimental subjects4 ,this defense is1 in the view of the prosecution1 completely spurious4 ,the use of involuntary subjects in a medical experiment is a crime1 and if it results in death it is the crime of murder4 ,any party to the experiment is guilty of murder and that guilt cannot be escaped by having a third person supply the victims4 ,the person planning1 ordering1 supporting1 or executing the experiment is under a duty1 both moral and legal1 to see to it that the experiment is properly performed4 ,this duty cannot be delegated4 ,it is surely incumbent on the doctor performing the experiment to satisfy himself that the subjects volunteered after having been informed of the nature and hazards of the experiment4 ,if they are not volunteers1 it is his duty to report to his superiors and discontinue the experiment4 ,these defendants have competed with each other in feigning complete ignorance about the consent of the experimental victims4 ,they knew1 as the evidence proves1 that the miserable inmates did not volunteer to be tortured and killed4 ,but even assuming the impossible1 that they did not know1 it is their damnation not their exoneration4 ,knowledge could have been obtained by the simple expedient of asking the subjects4 ,the duty of inquiry could not be clearer and cannot be avoided by such lame excuses as 8,i understood they were volunteers10 or1 8,himmler assured me they were volunteers40 ,in this connection1 it should never be lost sight of that these experiments were performed in concentration camps on concentration camp inmates4 ,however little1 some of these defendants say they knew of the lawless jungles which were concentration camps1 where violent death1 torture1 and starvation made up the daily life of the inmates1 they at least knew that they were places of terror where all persons opposed to the ,nazi government were imprisoned without trial1 where ,jews and ,poles and other so-called 8racial inferiors0 were incarcerated for no crime whatever1 unless their race or religion be a crime4 ,these simple facts were known during the war to people all over the world4 ,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 available4 ,true it is that these defendants are not charged with responsibility for the manifold complex of crimes which made up the concentration camp system4 ,but it cannot be held that they could enter the gates of the ,inferno and say in effect3 8,bring forward the subjects4 ,i see no evil2 ,i hear no evil2 ,i speak no evil40 ,they asked no questions4 ,they did not inquire of the inmates as to such details as consent1 nationality1 whether a trial had been held1 what crime had been committed1 and the like4 ,they did not because they knew that the wretched inmates did not volunteer for their experiments and were not expected to volunteer4 ,they embraced the ,nazi doctrines and the ,nazi way of life4 ,the things these defendants did were the result of the noxious merger of ,german militarism and ,nazi racial objectives4 ,when1 in the face of a critical shortage of typhus vaccines to protect the ,wehrmacht in its ,eastern invasions1 ,handloser and his cohorts decided that animal experimentation was too slow1 the inmates of ,buchenwald were sacrificed by the hundreds to test new vaccines4 ,when ,schroeder wanted to determine the limit of human tolerance of sea-water1 he trod the path well-worn by the ,luftwaffe to ,dachau and got forty gypsies4 ,these defendants with their eyes open used the oppressed and persecuted victims of the ,nazi regime to wring from their wretched and unwilling bodies a drop of scientific information at a cost of death1 torture1 mutilation1 and permanent disability4 ,for these palpable crimes justice demands stern retribution4 99 99 99 99 99 c4 ,selections from the ,argumentation of the ,defense ,,extracts ,,from ,,the ,,closing ,,brief ,,for ,,defendant ,,karl ,,brandt 99 99 99 99 99 ,voluntary ,participation ,experiments on persons who offer themselves voluntarily have always been considered admissible4 ,in literary works care is always taken to note this voluntariness2 where it is not mentioned1 one may conclude that it was nonexistent4 ,the interest taken in the voluntariness of the person experimented upon has various reasons4 ,first of all the compulsory experiment--in contrast to the voluntary experiment--means an additional1 very heavy mental strain1 for the experimenter since the health and life of a human being may be at stake and the future existence of the person experimented upon may be imperiled4 ,but the experimenter has not only a purely human interest in having the person to be experimented upon offer himself with a certain voluntariness2 in many cases he must absolutely depend on the cooperation of the person experimented on2 he needs truthful information about observations made during the experiment1 which cannot otherwise be carried out properly4 ,compare for instance the high-altitude and sea-water experiments4 ,finally there may exist the wish to be protected against claims for damages and to prevent the uncovering of legal provisions1 as well as to guard against the possible political odium that might result from having given orders for a forced experiment4 ,however1 one look at the literature shows that the notion of voluntariness is strongly suspect1 and every critical reader will in most cases associate himself with such suspicions4 ,the subjection to an experiment which is dangerous or even only painful or temporarily onerous must be based on a special motive4 ,ethical reasons alone can give rise to voluntariness strictly speaking only in the case of the researcher himself1 that is in self-experiments1 and in the case of persons who for ethical reasons consciously wish to support by their cooperation the aims of the researcher4 99 99 99 99 99 ,however1 if a declaration of voluntariness is made for reasons of inexperience1 thoughtlessness1 or distress1 then it is unethical4 ,into this category fall cases where persons are induced to undergo experiments through promise of money or other advantages1 while they do not foresee the meaning of the experiments4 ,these are the weak1 who1 unprotected1 are made to serve the interests of humanity4 ,compare with this the case of the use of immigrants for experiments4 7,becker-,freyseng #fj;a1 ,becker-,freyseng ,ex4 #ei47 ,the category here of particular interest is that of prisoners who offer themselves voluntarily4 ,first of all1 one cannot assume that the ethical level in a penitentiary is so high above that of free men that here a great number of prisoners would offer themselves for participation in an experiment voluntarily only for purely ethical reasons4 ,on the contrary1 one can say that all prisoners are living under a certain compulsion4 ,they expect from their participation in the experiment an improvement of their position or fear a worsening in case of refusal4 ,even though the regulations about the treatment of prisoners may be fixed1 in practice there remains in this particular world a very wide scope for the punishment of prisoners with measures which1 as experience shows1 may hit the prisoner much more severely and more grievously than the sentence of the judge itself4 ,if the motive of the prisoner for his 8voluntary offer0 is merely a general and vague hope1 in any direction1 then there is no genuine declaration of voluntariness1 but the consent is merely the off-shoot of his condition of constraint4 ,two things have to be considered with regard to the prisoner's declaration of voluntary consent2 the risk which he undergoes and the advantage that is offered him4 ,one can only give one's consent to something of which one knows the full meaning and importance4 ,the prisoner must therefore have been fully informed of the possible consequences4 ,here only lies the real problem of 8voluntariness40 ,it is not enough that the person to be experimented upon knows that1 for instance1 a malaria experiment is to be made2 he must also know just how the particular person is to be used4 ,the first easy series of experiments cannot be compared with the daring final experiments4 ,who is going to offer himself for the ultimate experiment necessary if the other persons to be experimented on get off more lightly8 ,what was the nature of the consent8 ,professor ,ivy as expert witness has said nothing about this problem4 ,as a matter of fact a person to be experimented on can hardly estimate the risk1 and the recruiting officer will not be inclined to give a frightful description of what may happen4 ,professor ,ivy1 who has recruited volunteers himself1 does not consider experiments to be an evil4 ,if you add that the 8volunteer prisoner0 has to forego all claims in case of injury to his health1 then the consent of the prisoner cannot be considered as valid4 ,on the other hand the prisoner must know the advantage promised him as his compensation must be in suitable relation to the severity of the experiment and the reward must be assured to the prisoner4 ,if the advantage is strikingly disproportionate to the risk and given as an act of grace without claim after the conclusion of the experiment1 then there is no voluntary experiment2 it remains a forced experiment4 ,only if both basic conditions are fully met will it be possible for the prisoner to make a free decision4 ,he may then allow his possible death to be included in the bargain in order to gain the chance of shortening the time of his imprisonment by years4 ,such a case is depicted in the well known pellagra experiments1 where with the collaboration of attorneys as defense counsellors1 the conditions were agreed upon by the prison administration4 7,karl ,brandt #dg1 ,karl ,brandt ,ex4 #ed2 ,becker-,freyseng #fj;a1 ,becker-,freyseng ,ex4 #ei47 ,this is the classical case of a voluntary experiment in prison4 ,it will not always be possible or necessary to fix the advantage in the same manner2 the official promise of the prison institute may be sufficient to exclude an arbitrary denial of the promise4 ,examples for that are the leprosy experiments on a person condemned to death1 and the continuous experiments in the penitentiary ,bilibid4 7,becker-,freyseng #fj;a1 ,becker-,freyseng ,ex4 #ei47 ,these experiments must1 be considered admissible as experiments where a chance is given4 ,the examples from medical literature1 however1 show that these general conditions for voluntariness were not always fulfilled4 ,so we refer only to the experiments in the penitentiary ,san ,quentin with streptococci on #be convicts in #aidf4 7,becker-,freyseng #fj;a1 ,becker-,freyseng ,ex4 #ei47 ,accordingly1 even experiments carried out on persons without their consent must be considered admissible4 ,involuntariness ,there are some examples of experiments carried out abroad which were carried out as compulsory experiments on prisoners without their consent4 ,as an example may be mentioned the poisoning experiment carried out in ,manila on #aa prisoners sentenced to death4 7,becker-,freyseng #fj;a1 ,becker-,freyseng ,ex4 #ei47 ,the persons subjected to experiments were executed immediately after as part of the experiment4 ,the malaria experiment carried out on #hjj prisoners has to be mentioned too4 ,according to an explicit statement in the press1 no advantages were granted them in return4 7,karl ,brandt #a1 ,karl ,brandt ,ex4 #a47 ,the method described by the witness ,ivy was introduced later on as a practice of the administration4 ,it is evident that in these cases no declarations of voluntariness could have been made because no criminal who is sentenced to death will make himself available first for experiments where he has no chance1 unless there is some hope of a favor shown to him4 ,but in the case of poisoning experiments there was no question of commutation of the sentence because the purpose of the experiment was the study of the effect of poison on corpses4 ,thus1 execution was included as part of the experiment4 ,concerning the malaria experiments the press notice explicitly said that no privileges of any kind were granted1 thereby referring to the task of the prisoners1 as 8social parasites01 to help fight the mosquitoes as equal social parasites4 ,one must conclude that compulsory experiments are admissible1 but one cannot draw the conclusion that the state is authorized to use the prisoners at random for any experiment whatever by way of punishment4 ,the gravity of the experiment must stand in a certain proportion to the gravity of the crime4 ,the expiation must be such as can be expected4 ,this very idea of the reasonableness of the demand is expressed in the malaria experiment mentioned where reference is made to the socially negative attitude of the persons subjected to experiments1 thus applying the idea of expiation4 ,the same fundamental idea might have led to the resolution to use conscientious objectors for the experiments4 ,it seems that here expiation has been demanded from the same point of view of a socially inimical attitude4 ,it does not seem unfair if a conscientious objector1 as a deserter1 is subjected to experiments if he adopts this attitude only in wartime and if this attitude helps him to escape behind prison walls1 thus withdrawing from dangers which the soldier at the front has to bear for the sake of the community4 ,for the soldier1 this danger may consist in a dangerous epidemic disease1 to which he is exposed in wartime especially4 ,the idea of compulsory experiments in the sense of an experiment of expiation has been proposed as an expiation measure with regard to prisoners of war and political prisoners and has not been objected to even by the public4 ,so the less ethically orientated opinion of the day frequently expresses the view that experiments on criminals should be carried out for the purpose of expiation4 ,even in the press these opinions have their representatives4 ,so among others a reference appeared in the ,london paper 8,the ,people0 of #c ,march #aidf 7,karl ,brandt #aadafc7 ,there the following is said3 8,people believe that all these men 7the defendants at the ,international ,military ,tribunal7 will die4 ,it is the opinion of many that they ought to have died months ago and ought to have been shot three days after arrest by court-martial sentence4 ,others are of the opinion that they should expiate their crimes by being subjected to cancer1 leprosy1 and tuberculosis experiments40 ,it is significant in this excerpt that it is a well-known ,english author1 ,llewellyn who passes it on1 and he does not adopt a disapproving attitude to it4 ,accordingly1 it can be ascertained that such experiments of expiation on political opponents1 prisoners of war1 and civilians can be looked upon as reasonable and admissible1 if these persons1 as convicted criminals1 are subject to punishment and if the law relating to the serving of sentences permits experiments of that kind4 ,the ,geneva ,convention in ,article #df provides for a restriction only insofar as no punishments may be inflicted on prisoners of war apart from those that are admissible for members of the army of one's own country2 the same must be applied to civilians4 ,in comparison with this1 no restrictions exist with regard to the execution of punishment in cases of criminal offenses4 ,therefore the penal execution law1 admissible in each state1 can be applied4 ,if therefore compulsory experiments for expiation can be carried out on an ,american citizen1 they could be applied in the same way to a ,german prisoner of war1 assuming that the latter has been sentenced under penal law4 ,in accordance with this1 the same must be admissible in the execution of ,german penal law if the foreign prisoner has been legally sentenced to punishment4 ,the foreign criminal is not in a better position than the subject of one's own country4 ,the compulsory experiment must have its limits4 ,here one must distinguish between responsibility for the arrangement of the experiment and for its conduct4 ,in both cases the physician can have a share in it4 ,the decision for the conduct of experiments on human beings can come from two sides1 different in character4 ,the demand can result from urgency in the interests of the community and can be vindicated by the state4 ,during the war1 experiments can be demanded by the armed forces in case of epidemics to be expected1 such as malaria1 typhus1 and the like4 ,on the other hand the suggestion can come from the research side itself1 which perceives a possibility of combating an evident state of distress1 through the progress of medical science1 and also demands experiments for the sake of the community4 ,the decision concerning the necessity for such experiments is a decision of usefulness taken by the state1 consequently a political decision1 signifying a balancing of expenditure and of success to be expected or hoped for4 ,there are different kinds of questions which have to be decided2 first of all there are economic questions to be solved by the competent authorities2 i4 e41 financial questions1 supply of specialists1 laboratories and so on4 ,responsible for it are offices with means and possibilities available1 which can dispose of them according to their own judgment4 ,these offices are divided further according to their special interest in individual special spheres1 such as air navigation1 ,wehrmacht1 and the like4 ,no decisions can be made by an authority without any means at its disposal2 this is valid for instance for the office 8,science and ,research0 of the defendant ,karl ,brandt1 which fulfilled only a recording and coordinating function within certain medical spheres4 ,evidently the activity of the ,reich ,research ,council was chiefly that of an organ of control and had to eliminate superfluous research during the war by refusal of subsidies in order to help the small number of specialists and material by allotment of priority ratings and financial means4 ,this was the task of the ,reich ,research ,council and in the medical sphere this part of its general regulating activity was very small4 ,these offices had no power of decision as to whether experiments on human beings could be made or not1 and they could not have it4 ,the office which regulated the infliction of punishment and disposed of human beings subjected to experiments was the only office to take decisions4 ,this corresponds to what is known about the conduct of experiments on human beings abroad1 where the decision was also taken by administrative offices4 ,the authority for the infliction of punishments1 as the authoritative office of the state1 makes its independent decision while politically balancing the necessity for arranging experiments in the interests of the community against what can be expected of the condemned4 ,applied to ,german conditions during the war it means the following3 ,if the condemned are under the control of the authorities of justice competent for the execution of sentences1 the responsibility rests upon the ,reich ,minister of ,justice2 if the execution of sentences is carried out by the ,reich ,leader ,,ss and the ,chief of ,police in the concentration camps1 the latter has to be responsible for it4 ,in this situation the responsibility of a physician can be of value for a decision only so far as he gives a false expert opinion about the prospects of the experiment4 ,the government has to make the final decision about the admissibility of experiments on human beings2 the government only has to decide whether experiments on human beings are necessary in order to combat dangers and injury to health1 as it is responsible for everything pertaining to health4 ,in connection with this compare the regulation of the ,french ,government in #aheh for the purpose of clearing up the question concerning the treatment of secondary syphilis and the experiments made on human beings4 7,karl ,brandt #dh1 ,karl ,brandt ,ex4 #ee47 ,in war time1 the decision is also conditioned by considerations concerning the preservation of the state1 which are dependent on war conditions4 ,epidemic diseases can have a decisive influence on the result of the war and might in the end be of a greater importance than battles1 as for instance the plague during the siege of ,athens1 or typhus during the advance of ,napoleon into ,russia4 ,biological warfare is the result and was prepared intensively by the enemies of ,germany1 as the foreign press openly informed us4 ,in the same way as the state demands the death of its best men as soldiers1 it is entitled to order the death of the condemned in its battle against epidemics and diseases4 ,no antique sacrifices to gods and demons are demanded any longer1 only a well considered expiation as a help for the community and indeed exclusively in its interest4 ,the actual responsibility of the physician lies in the conduct of the experiment itself4 ,the experiment has to be conducted by the physician1 but the political responsibility for it rests upon the state1 while the physician is responsible for its conduct4 ,if the physician considers that an experiment is not feasible it can become a crime and the physician has to refuse to carry it out4 ,in carrying out the experiment every attention must be paid to all regulations of medical practice concerning medical research at the time4 ,all possible preliminary experiments conducted on models have to be made before experiments on human beings are started4 ,that means that preliminary experiments in laboratories1 experiments on animals and so on1 have to be conducted4 ,in case of need even experiments carried out on the researcher's own person belong to the preliminary experiments4 ,generally1 responsibility for the extent of the experiments rests upon the physician4 ,in the arrangement of the experiments the number of the persons selected for experiments must be as great as necessary in the interests of the result of the experiment1 but in the interests of the persons selected for the experiment the number must be as small as possible4 ,the conduct of the experiment must be correct and excesses which could increase its danger have to be avoided4 ,finally1 the experiment must be stopped by the physician if it is evident that the expected result is attained or most probably will not be attained4 ,the assignment of persons needed for an experiment in the course of infliction of punishment can take place only at the instigation of the executory office in whose custody the prisoner is held4 99 99 99 99 99 ,it has been pointed out that many persons used for experiments were foreigners1 and that this fact should have prevented experiments on them4 ,in this connection the following reference is made3 ,it is a fact that strong resistance movements in the ,west1 and especially in the ,east1 waged a total partisan war against the ,german troops and caused bloody sacrifices4 ,international law does not object to capital punishment for participants in illegal combat and illicit sudden attacks against members of the occupation army4 ,if1 therefore1 instead of the permissible execution of capital punishment1 mitigation through an attempt at expiation occurs1 special consideration should be given to this fact4 ,the reproach that no experiments should have been made on political prisoners contradicts the fact that the political opponent1 in all countries and at all times1 has in most cases been punished more severely than the criminal1 namely on the basis of criminal law governing treason1 espionage1 and contravention of war measures1 i4 e41 political orders4 ,reference is hereby made to the fact that every occupation army threatens capital punishment for many1 otherwise insignificant1 offenses4 99 99 99 99 99 ,,extracts ,,from ,,the ,,final ,,plea ,,for ,,defendant ,,ruff#afd 99 99 99 99 99 ,prisoners as voluntary experimented subjects ,the question has repeatedly come up in this trial whether or not the experimental subjects in the ,dachau high-altitude experiments by ,ruff-,romberg were volunteers1 although the people were in detention1 that is to say1 indisputably under duress4 ,the expert ,professor ,dr4 ,leibbrandt has held to his one-sided opinion in this respect too1 and has advocated the theory that prisoners can never be regarded as volunteers4 ,this opinion is doubtlessly false2 in other times1 the expert perhaps would not have supported it4 ,for the administration of justice in other cases also accepts legally binding statements of prisoners1 and does not think of declaring them legally ineffective1 only for the reason that the prisoner in consequence of his imprisonment finds himself in an embarrassing situation1 and therefore not completely master of his own free will4 ,one surely is not mistaken in supposing that none of the defendants1 even if he has ever such great experience as a medical man1 at that time thought without exception of all the possibilities which we have to consider now1 when for many months we have had to search for the legal basis of the whole problem of human experiments1 and have had to think of all eventualities4 ,according to his sentiment1 at that time each physician and research man said to himself3 ,if the experimental subject agrees to the experiment1 everything is all right4 ,for this always appeared to the physicians to be the highest principle3 ,an experiment is legal if the experimental subject agrees to it1 provided that the physician observes the necessary care when performing the experiment4 ,as proved here by this trial1 there exists in no country a written law regulating the legal conditions of experiments on humans4 ,on the other side1 however1 the human experiment is such a far-reaching and often such an indispensable matter that one might speak of an unwritten law1 which generally and tacitly is accepted and acknowledged by the whole world4 ,counsel for some of the defendants have demonstrated to the ,tribunal in their document books the opinion of the whole world on this unwritten law1 in the most varying degrees1 from the absolutely harmless to the absolutely deadly experiment1 and has certainly thereby compiled valuable material which is suitable for forming the basis of a codification of this unwritten medical law and to show safe future roads for the development of justice in this sphere4 ,lacking a written law1 the physician and research man even today can only recognize the conventional legal concept as a rule for his conduct as expressed in international medical literature4 99 99 99 99 99 ,when reading this international literature1 however1 there cannot be any doubt that the volunteering of the experimental subjects warrants in every case the legality of human experiments1 and that1 therefore1 the more sentimental attitude of our research workers was right when1 because of their knowledge of international literature1 they made the question of the legality of human experiments depend in the first place on the voluntariness of the experimental subjects4 ,as far as one can see1 international medical literature up to date nowhere represents the opinion that the consent of a prisoner is ineffective because1 by reason of his imprisonment1 he had no free will4 ,on the contrary1 in many cases it has taken an important step forward1 and had frequently1 without meeting any opposition1 reported on experiments performed on prisoners whose consent was not regarded as essential4 ,many experiments1 some of which were reported on here in ,court1 and some of which are described in the documents submitted by the defense1 demonstrate clearly that obviously the opinion prevails everywhere that in the case of prisoners1 in particular those who have been sentenced to death1 the consent of the prisoner to the experiment can be replaced by the permission of the authorities1 even in the case of experiments which were very dangerous and where fatalities occurred in more or less large numbers4 ,the published reports also talk about the number of deaths in the experiments described1 some slightly camouflaged but to a large extent openly1 without the research worker or the reader realizing that murderous actions were being reported1 because otherwise the reaction would have been a completely different one4 ,the question becomes particularly acute if these experiments were carried out in a totalitarian state or during a total war4 ,it is not the point in this connection whether a dictatorial regime is desirable or should be rejected1 nor whether a war as such appears to be criminal 7for example because it will be judged as an aggressive war later on72 the attitude that1 under such exceptional conditions as exist in a dictatorship or total war1 even life-endangering experiments on human beings may perhaps be more justified than under normal conditions is obviously based on the thought that the state governed by dictatorship can and will ask for greater sacrifices1 from criminals too1 especially during total war4 ,as a matter of fact the following thought appears to have occurred to many a defendant during this trial3 ,during a total war the state asks everybody to be ready at any time to serve at the front1 and during the aerial war every woman and every child at home is exposed daily and every hour to mortal danger2 many a citizen would therefore think it unsatisfactory if a criminal1 who is burdened with heavy guilt or may even have committed a crime punishable with death1 remains free from all danger1 in other words is in a better position than the upright citizen4 ,it appears now that many an experimental subject who was used at that time for experiments was of the same opinion1 because the witness ,karl ,wolff stated on oath that the prisoners to whom he spoke in ,dachau said1 that 8they would contribute voluntarily to ,germany's war effort and show a sign of their actual good will40 7,ruff #ba1 ,ruff ,ex4 #bj47 ,the same ideas were also stated by various defendants during their interrogation4 99 99 99 99 99 d4 ,evidence ,testimony ,page ,extracts from the testimony of prosecution witness ,eugen ,kogon #iic ,extracts from the testimony of prosecution expert witness ,dr4 #iid ,andrew ,c4 ,ivy ,,extracts ,,from ,,the ,,testimony ,,of ,,prosecution ,,witness ,,eugen ,,kogon#afe ,,direct ,,examination 99 99 99 99 99 ,,mr4 ,,mchaney3 ,before we go into the details of the typhus experiments1 ,i would like to ask you if you know anything about the manner in which subjects were selected for the experiments which you have mentioned and which took place in ,buchenwald8 ,,witness ,,kogon3 ,the selection of experimental subjects was not the same at different times4 ,in the very first period the inmates of the camp were called upon to volunteer4 ,they were told that it was a harmless affair2 that the people would get additional food4 ,after one or two experiments it became impossible to get any volunteers whatever4 ,from then on1 ,doctor ,ding asked the camp physician or the ,,ss camp commandant to select the suitable persons for the experiments4 ,he had no special directives for this4 ,the camp administration chose people arbitrarily from among the prisoners1 whether they were criminals1 or political prisoners1 or homosexuals4 ,intrigue among the prisoners themselves also played a role in the selection1 and occasionally people came for whom there was no special reason1 but they came into the experiments4 ,from the fall of #aidc1 approximately1 the camp leaders did not want to keep the responsibility for the selection of experimental subjects4 ,doctor ,ding himself no longer wished to have verbal instructions from ,mrugowsky to carry out the experiments1 but he demanded written orders4 ,for this purpose he approached ,mrugowsky with the request that the ,reich ,leader ,,ss should appoint his own people for the experiments4 ,,ss ,gruppenfuehrer ,nebe of the ,reich ,criminal ,police ,office in ,berlin then1 according to a directive from ,himmler which ,i saw1 ordered that only those people were to be used who had at least a ten-year sentence to work out4 ,then1 the officials of the ,reich ,criminal ,police ,office in ,berlin twice selected #aaj and #ii people in ,buchenwald1 who were made available for the experiments4 ,they were exclusively criminals with a previous record4 ,in the last period1 people were selected from various concentration camps and prisons in ,germany4 ,transports came to ,buchenwald with these people4 ,in addition to this1 political prisoners from the camp itself were almost always included in these series of experiments1 either because they were inconvenient to the ,,ss in some way or because they were victims of camp intrigues4 ,q4 ,were all of these experimental subjects condemned to death1 who were experimented on in ,block #df8 ,a4 ,i do not know of a single case in which anyone came to the experimental station in ,block #df because he had been condemned to death4 ,once in the case of four ,russian prisoners of war1 it was claimed that they were to be shot1 but there was no judgment1 no sentence4 ,they belonged to the category of ,russian prisoners of war1 of whom about #i1ejj were shot1 hanged1 or strangled in ,buchenwald4 ,q4 ,were any special considerations or favors granted to the experimental subjects who survived these experiments8 ,a4 ,during the first two or three weeks before the experiments were carried out1 the experimental subjects received better food in order to get them into the condition of a normal ,german soldier4 ,apart from that1 none of the prisoners who survived received any advantages1 and they were never promised any such thing4 ,q4 ,was an effort made to pick experimental subjects who were in good physical health1 that is1 comparable to a ,wehrmacht soldier8 ,a4 ,the condition did exist1 and as far as was compatible with the other conditions of selection1 it was fulfilled4 99 99 99 99 99 ,q4 ,mr4 ,kogon1 at the conclusion of yesterday's session you had explained to us the manner in which experimental subjects were selected for the medical experiments in the ,buchenwald camp4 ,will you tell the ,tribunal whether any non-,german nationals were experimented on8 ,a4 ,among the experimental subjects who had been selected for ,block #df1 there were not only ,germans but also ,poles1 ,russians1 and ,frenchmen1 particularly during the last years4 ,q4 ,were there any prisoners of war experimented on in ,block #df to your knowledge8 ,a4 ,yes4 99 99 99 99 99 ,,extracts ,,from ,,the ,,testimony ,,of ,,prosecution ,,expert ,,witness ,,dr4 ,,andrew ,c4 ,,ivy#aff ,,cross-,,examination 99 99 99 99 99 ,,dr4 ,,servatius 7,attorney for defendant ,karl ,brandt73 ,witness1 yesterday you testified that voluntary consent is the first prerequisite for human experimentation4 ,previously you had said that you yourself had been reluctant to apply for volunteers4 ,is that so8 ,,witness ,,dr4 ,,ivy3 ,no4 ,q4 ,didn't you say just now that you didn't want to ask your students to volunteer but left that to other agencies so that your authority might not constitute some form of coercion8 ,a4 ,yes1 that is insofar as my personal direct request to the individual is concerned1 ,i thought1 because of my position as a professor1 it might unduly influence the student to say yes4 ,q4 ,you were probably of the opinion that your authority might persuade him to do something that he otherwise would not do4 ,a4 ,yes--through individual contact4 ,q4 ,i say1 ,professor1 don't you know that in general the volunteer aspect of the person's consent has been under suspicion8 ,a4 ,i don't understand that question4 ,will you repeat it8 ,q4 ,is it not so that in medical circles and also in public circles these declarations of voluntary consent are regarded with a certain amount of suspicion2 that it is doubted whether the person actually did volunteer8 ,a4 ,can you be more specific8 ,q4 ,in your commission you probably debated how the volunteers should be contacted2 is that not so8 ,a4 ,yes4 ,q4 ,on this occasion was there no discussion of the question that you should assure yourself that no coercion was being exercised1 or that the particular situation in which the person found himself who applied was being exploited8 ,a4 ,yes4 ,i was concerned with that question4 ,q4 ,there were discussions about that8 ,a4 ,not necessarily with others1 but there was always consideration of that in my own mind4 ,q4 ,witness1 a number of documents were submitted yesterday1 ,friday1 from which it was to be seen that volunteers did volunteer1 for instance eight hundred or more prisoners applied for a malaria experiment#afg2 and there was a radio report2 all of these persons had a motive for volunteering4 ,what are the motives of a prisoner that persuade him to volunteer8 ,a4 ,these prisoners said they volunteered in order to help people who might have malaria4 ,q4 ,in this report the individual persons were asked1 five or six of them were--one says that he volunteered because he is condemned to life imprisonment1 and he has applied to oblige the army4 ,another says that he is doing it because his brother is a soldier at the front and has malaria4 ,and another one says--two of my brothers in the army had malaria2 and a third one says in the last war-- ,,mr4 ,,hardy3 ,dr4 ,servatius refers to ,document ,,no-#cdej1 ,prosecution ,exhibit #eai for identification1 and ,i request that he supply the passages so that ,dr4 ,ivy can properly testify4 ,,dr4 ,,servatius3 ,witness1 from this radio report ,i shall read the answers of the experimental subjects to you4 ,one ,mr4 ,quail says3 8,i expect1 ,captain ,jones1 that these men have many reasons for their volunteering for this war40 ,,captain ,,jones3 8,yes1 they have4 ,many have sons and brothers in the armed services1 others have other patriotic motives1 but ,i am not the one to tell about them40 ,,quall3 8,i get the point40 ,,captain ,,jones3 8,with the permission of ,warden ,rangen we are going to talk to several of these volunteers right now4 ,here is a man who is older than some of the others4 ,what is your name80 ,,johnson3 8,i am ,george ,johnson1 number so and so40 ,,quall3 8,johnson1 ,i have heard you have a pretty high fever as a result of these tests40 ,,johnson3 8,that is right2 at one time my temperature was #ajh degrees40 ,,quall3 8#ajh degrees1 and you are here to tell the story40 ,,jones3 8,what was your main reason for volunteering for these tests80 ,,johnson3 8,i served in the ,u4 ,s4 ,army during the ,first ,world ,war1 and here1 by going through with these tests1 ,i helped some of my buddies in the war just ended40 ,,quall3 8,thanks1 ,johnson4 ,now1 here is ,charles ,eirtz1 number so and so40 ,,eirtz3 8,my brother was killed in the crossing of the ,saar ,sarre ,river2 that made up my mind for me2 we weren't being shot at here2 it was the least we could do40 ,,quall3 8,and here is ,george ,storm2 ,george ,storm1 number so and so40 ,,storm3 8,two of my brothers in the service caught malaria4 ,if ,i can help the ,army1 ,i can help my brothers40 ,,quall3 8,here is a man who is one of the many inmate nurses helping out in the war4 ,what is your name80 ,,leopold3 8,nathan ,leopold1 number so and so4 ,i was a malaria volunteer1 and now ,i am acting as a nurse40 ,,quall3 8,how do most of the patients react under these tests80 ,,leopold3 8,all the men are good soldiers2 their morale is high40 ,,quall3 8,now1 two inmates who are no strangers to malaria40 ,,walker3 8,my name is ,george ,walker1 number so and so1 and my nephew is a malaria patient in an ,army hospital40 ,,mccormack3 8,i am ,james ,mc,cormack1 number so and so4 ,my brother is in the ,army1 too4 ,if these tests will help cure him of malaria1 it will all be worth while40 ,,quall3 8,medical officers are particularly interested in this next case4 ,your name80 ,,norman3 8,al ,norman1 number so and so40 ,,quall3 8,why is your case unusual1 ,norman80 ,,norman3 8,because ,i have had five relapses since ,i first contracted malaria2 that is the highest number any patient had40 ,i shall stop reading4 ,i believe this gives the general impression4 ,is it correct that all of them are giving idealistic reasons as the motive8 ,,mr4 ,,hardy3 ,prior to the question ,i suggest that the document be handed to ,dr4 ,ivy1 if he wishes to refer to other sections of it in his answer4 ,,dr4 ,,servatius3 ,i shall do so immediately2 however1 ,i have one question first4 ,are these not all idealistic points of view as the person's motive8 ,,witness ,,dr4 ,,ivy3 ,yes4 ,on the basis of my discussions with people who observed these experiments at ,stateville1 ,illinois1 the idealistic motivation of this group was very high4 ,as a matter of fact1 the effect of this public service rendered by these prisoners is being followed up to see whether or not it has special reformative value1 and up to the present time this question indicates that this public service has been of great reformative value1 in that the incidence of return to criminality under parole is markedly decreased4 ,q4 ,do you know ,nathan ,leopold1 or do you know who he is8 ,a4 ,yes4 ,q4 ,is it true that he was condemned to fifteen years in the penitentiary for murder8 ,a4 ,to much more than that4 ,q4 ,do you think he is the right person to give an opinion regarding the high morale status of the inmates of a penitentiary8 ,a4 ,he can never expect to get out of the penitentiary1 and ,i see no reason why he should not express himself1 without any duress or coercion1 accurately and as he feels4 ,q4 ,i will show you this report1 and please ascertain if you have any remarks to make about it4 ,a4 ,no1 ,i have none4 ,q4 ,the idealistic points of view are associated with the state of war1 are they not1 aside from the last one8 ,a4 ,no1 ,i do not agree1 because if any coercion were brought to bear upon these prisoners to serve in medical experiments1 that would soon--within a week--come to the attention of the newspaper reporters and would appear on the front page of every paper--most every paper in the ,united ,states4 ,q4 ,i should like to tell you again what ,jones says here4 ,he says3 8,others have patriotic motives 99 99 99 many have sons and brothers in the armed services40 ,captain ,jones gives that as the main reason4 ,and then other individuals are brought up who make statements in the same sense to the same effect4 ,is that not so8 ,a4 ,i believe that is entirely reasonable2 because an individual is a prisoner in a penitentiary is no reason why he should not be patriotic or love his country4 ,q4 ,perhaps you will admit that no one would give that as his motive for helping before a ,german de-,nazification court1 namely1 that he wanted to help the army4 ,a4 ,i did not get the question4 ,will you please repeat it8 ,q4 ,never mind4 ,now1 ,witness1 of the experiments we have here1 none of these volunteers were outside the penitentiary2 now1 why did not persons outside the penitentiary volunteer in the malaria experiments3 businessmen or teachers1 for example8 ,because we must assume that not only inmates of penitentiaries have ideals4 ,a4 ,as ,i explained yesterday1 conscientious objectors were used1 and prisoners were used1 instead of teachers and businessmen because those individuals had no other duties to perform4 ,their time was fully available for purposes of experimentation4 ,q4 ,is it not an evil to carry out experiments8 ,a4 ,no4 ,q4 ,you don't think so8 ,a4 ,it is not an evil to carry out experiments4 ,q4 ,but isn't it an evil to have to go through an experiment as an experimental subject8 ,a4 ,i should say not4 ,i have served myself as an experimental subject many times1 and ,i do not consider it an evil4 ,q4 ,don't you think it is very unpleasant to become infected with malaria1 to have fevers1 and other undesirable symptoms of that sort8 ,a4 ,yes4 ,it is unpleasant1 but not an evil4 ,q4 ,perhaps we don't understand each other4 ,you don't want to say it is a pleasure to have malaria8 ,a4 ,no4 ,it is not a pleasure4 ,q4 ,is it not a very unpleasant and serious disease that lasts for many years8 ,a4 ,it is unpleasant1 yes4 ,q4 ,if all these persons apply for idealistic reasons1 why are they offered recompense8 ,a4 ,i suppose it is to serve as a small reward for the unpleasantness of the experience4 ,q4 ,don't you believe that the money was the motive for many of them--a hundred dollars8 ,a4 ,that is rather small4 ,from the point of view of prisoners in the penitentiary in the ,united ,states1 a hundred dollars isn't much money4 ,q4 ,for a prisoner that would be quite a lot of money1 it seems to me1 for someone at liberty it is not so much4 ,a4 ,no4 ,our prisoners in the penitentiary in the ,united ,states1 when they work in factories in the prisons1 receive pecuniary compensation for that work4 ,q4 ,i believe that is so throughout the world4 ,a4 ,that is put in a trust fund for them to use when they get out4 ,q4 ,do you think that the money is sufficient recompense or compensation for what the experimental subject has to go through8 ,a4 ,i should not consider it so1 and ,i don't believe that any of the prisoners did4 ,as a matter of fact1 ,i was told that some of them would not accept the money4 ,q4 ,if one declares oneself to be a volunteer1 must one not weigh the advantages against the disadvantages8 ,a4 ,i believe so4 ,q4 ,the disadvantage here is the risk of a serious disease1 the advantage is fifty or a hundred dollars4 ,a4 ,i should say the advantage is being able to serve for the good of humanity4 ,q4 ,for what reason was the money not paid immediately1 but in two payments8 ,so far as ,i remember from a document yesterday1 the hundred dollars was paid as follows3 fifty dollars after the first month1 and the other fifty after one year4 ,in other words1 a prisoner has to do his job first4 ,now1 why was that so8 ,a4 ,i presume that that is just the common way of doing business in the ,united ,states when an agreement is involved4 ,i presume the lawyers had something to do with that4 ,q4 ,was the reason not this3 that the prisoner would lose his enthusiasm for the experiment and would cease to cooperate8 ,could that have been the reason for being a little circumspect in the payment8 ,a4 ,i doubt that4 ,q4 ,do you know of a case where the experimental subject did not wish to continue the experiment8 ,a4 ,that has not been my experience4 ,and according to the response that ,i got to that question when ,i put it to ,dr4 ,irving1 he said that no one expressed a desire to withdraw at any time4 ,q4 ,professor1 ,i have seen a document on experiments in hunger that were carried out on conscientious objectors4 ,that appeared in a periodical4 ,it is described how these conscientious objectors went through considerable unpleasantness and did not want to continue the experiment4 ,they kept their promise only at great effort4 ,is that known to you8 ,,mr4 ,,hardy3 ,i suggest that counsel refer to the document that he is talking about at this time and make it available for ,dr4 ,ivy1 or make the facts available1 the particular data1 so that ,dr4 ,ivy will be fully aware of the circumstances4 ,,presiding ,,judge ,,beals3 ,does counsel have a document which he can make available8 ,then he will use it4 ,,dr4 ,,servatius3 ,i have only one copy in ,english here4 7,presented to witness47 ,i shall have to find the passage ,i am referring to4 ,i can't seem to find it4 ,this is a long document and somewhere there is the statement that the experimental subjects have to summon all their forces to remain in the experiment4 ,however1 ,i shall drop the subject for the moment4 ,witness1 is there not another inducement that persuades prisoners to volunteer for experiments8 ,is not the prospect of pardon or other advantages the reason for applying8 ,,witness ,,dr4 ,,ivy3 ,when these malaria experiments started1 that prospect was not held out to the prisoners1 hence the possibility of a reduction in sentence1 in being placed on parole sooner than otherwise1 was not a prospect4 ,however1 since some of these malaria experiments have been terminated1 a reduction of sentences in addition to that allowed for ordinary 8good behavior0 has been granted by the parole board4 ,for that reason ,governor ,green of the ,state of ,illinois appointed a committee with me as chairman to consider this question which you have in mind3 ,how much reduction of sentence can be allowed in such instances so that the reduction in sentence will not be great enough to exert undue influence or constitute duress in obtaining volunteers8 ,i have my conclusions ready and can read them to you1 if you desire to hear them4 ,q4 ,please do so4 ,may ,i ask when this committee was formed8 ,a4 ,the formation of the committee1 according to the best of my recollection1 occurred in ,december #aidf1 when the prisoners with indeterminate sentences were up for consideration for parole4 ,this was the first time the question of reduction in sentence came up4 ,q4 ,one more question1 ,witness4 ,did the formation of this committee have anything to do with the fact that this trial is going on1 or with the fact that this malaria case was published in ,life magazine and that it was explicitly stated that the experimental subjects were receiving no compensation1 no pardon1 reduction of sentence8 ,is there any connection between those things8 ,a4 ,there is no connection between the appointment of this committee and this trial1 for this reason1 that there is a division of opinion regarding the work that the parole boards do4 ,some believe that the parole boards are too soft2 others believe that they are too hard4 ,if a reduction in sentence were too great1 parole boards would be criticized in the newspapers4 ,obviously the parole board wants to act on the basis of the best opinion on medical ethics that they can obtain4 ,accordingly1 this committee was appointed4 ,q4 ,would you please be so good as to read what you intended before8 ,a4 ,there are two conclusions3 8,conclusion #a3 ,the service of prisoners as subjects in medical experiments should be rewarded in addition to the ordinary time allowed for good conduct1 industry1 fidelity1 and courage1 but the excess time rewarded should not be so great as to exert undue influence in obtaining the consent of the prisoners4 ,to give an excessive reward would be contrary to the ethics of medicine and would debase and jeopardize a method for doing good4 ,thus the amount of reduction of sentence in prison should be determined by the forbearance required by the experiment and the character of the prisoner4 ,it is believed that a #ajj percent increase in ordinary good time during the duration of the experiments would not be excessive in those experiments requiring the maximum forbearance4 8,conclusion #b3 ,a prisoner incapable of becoming a law-abiding citizen should be told in advance1 if he desires to serve as a subject in a medical experiment1 not to expect any reduction in sentence4 ,a prisoner who perpetrated an atrocious crime1 even though capable of becoming a law-abiding citizen1 should be told in advance1 if he desires to serve as a subject in a medical experiment1 not to expect any drastic reduction in sentence40 ,i might explain1 when ,i used the expression 8reduction in sentence in prison10 that that implies that when the prisoner is released on parole1 he is still under supervision1 observation1 or sentence outside of prison4 ,he is subject to arrest and return to prison at any time2 so when we say reduction of sentence in prison1 we do not mean that there is an actual reduction of sentence prescribed by the court4 ,that is the law in the ,state of ,illinois4 ,q4 ,witness1 if the experimental subjects are prisoners1 are they told about this policy ahead of time8 ,a4 ,they will obviously have to be told of this policy from now on1 since the matter has come up for the first time4 ,q4 ,yesterday a prosecution document was shown to you4 ,that was ,document ,,no-#cifh1 ,prosecution ,exhibit #eag1 ,department of ,justice1 ,bureau of ,prisons1 a document from ,texas4 ,this was in no document book but was put in only yesterday4 ,i shall have this shown to you immediately4 ,this is a form from the ,department of ,justice1 ,bureau of ,prisons1 a statement of voluntary consent and it says here the following3 8,i agree to cooperate to the fullest extent with the physicians conducting the study during an over-all observation period of approximately #ah months4 ,i understand that at the conclusion of the observation period1 ,i am to be furnished with an appropriate ,certificate of ,merit and a statement of my voluntary cooperation in the study and the fact that ,i have thus rendered voluntarily an outstanding service to humanity will be placed in my official record40 ,is that not a rather extensive promise which might induce a prisoner to apply without having a purely idealistic motive8 ,a4 ,a ,certificate of ,merit is an attractive little certificate that the prisoner could have framed and he could hang on the wall of his prison cell4 ,after he was released1 he could take it home and show it to his friends1 and ,i think it might serve as an incentive to prevent the previous wrongdoer from going into the ways of wrongdoing again4 ,q4 ,do you not think that it has a very practical usefulness8 ,do you not think that it would lead the police to treat one a little more leniently8 ,a4 ,i doubt it1 although ,i can't testify regarding what the police might do4 ,q4 ,don't you think that it would be of some aid when looking for a job after his release8 ,a4 ,when a prisoner is released on parole1 before he is released1 a job is found for him4 99 99 99 99 99 ,,redirect ,,examination 99 99 99 99 99 ,,mr4 ,,hardy3 ,now1 ,doctor1 concerning your testimony regarding the conscientious objectors1 ,i have a few points which may tend to clarify this situation in the minds of defense counsel4 ,would you tell us how a person is classified as a conscientious objector8 ,,witness ,,dr4 ,,ivy3 ,well1 first1 everyone within a certain age group in the ,united ,states had to register4 ,q4 ,register for the draft8 ,a4 ,for the draft or selective service4 ,q4 ,that is1 conscription into the ,united ,states ,armed ,forces8 ,a4 ,yes4 ,then at some time later the actual draft occurred4 ,the conscientious objector could announce that he was a conscientious objector to serving in battle or serving with the military organization at the time of registration or at the time of induction or being drafted4 ,q4 ,and after he registered his objections to participating in any manner in the ,army1 was he then allowed to return to his home1 or was he asked to cooperate in matters which did not involve things of a military nature8 ,a4 ,no4 ,he was assigned to the ,civilian ,public ,service ,agency and asked if he wanted to cooperate by rendering public service4 ,q4 ,and that public service was work as orderly in a hospital and work in various libraries1 perhaps1 and other public institutions8 ,a4 ,yes1 or forest fire prevention1 and cleaning up the woods4 ,q4 ,was this man1 this conscientious objector1 in confinement8 ,a4 ,they were only placed under confinement when they would not cooperate in any way4 ,q4 ,was there a national committee to take care of the interests of the objectors8 ,a4 ,yes4 ,as a general rule the conscientious objectors were supervised by a civilian religious group1 such as the ,quakers or the ,mennonites4 ,q4 ,was the conscientious objector under any duty to volunteer for medical experiments8 ,a4 ,none whatsoever4 ,q4 ,however1 he was under obligation to work in various libraries or forest fire prevention1 etc41 if requested to by the committee8 ,a4 ,yes4 ,it was necessary for him to render some sort of public service4 ,q4 ,then you determined that you needed experimental subjects4 ,how did it happen that you decided that conscientious objectors might be made available to you8 ,a4 ,as ,i recall1 the ,national ,research ,council1 in view of the fact that the medical students and dental students were mustered into the ,army and could no longer serve as subjects in experiments in universities and medical school laboratories1 took the matter up with the ,director of the ,civilian ,public ,service1 who then decided that the conscientious objectors might be allowed to volunteer for such work in connection with medical schools and research institutes4 ,q4 ,and by that token you were permitted to approach conscientious objectors to ask them whether or not they would volunteer for medical experiments8 ,a4 ,i or the investigator did not approach the conscientious objectors directly4 ,we requested that a certain number of volunteers be allowed or sent to us through the ,director of the ,civilian ,public ,service ,agency4 ,q4 ,and those conscientious objectors were sent to your university laboratories8 ,a4 ,yes4 ,that is correct4 ,q4 ,while they were at your laboratory were they living in the dormitories at the university8 ,a4 ,yes1 in the dormitories or in the hospitals4 ,q4 ,were they under any surveillance at all8 ,a4 ,one person in the group was appointed as a leader1 supervisor of the group1 and it was his duty to see that the men carried out their instructions properly and on time4 ,q4 ,was it possible for any one of these objectors to receive leave or to have week end liberty8 ,a4 ,it was not in most experiments4 ,q4 ,well1 assume for the moment that you were not going to use the experimental subject for a period of two or three weeks4 ,was he in such a position that he could not go on leave or go to the city or was he supposed to remain at your university at all times8 ,a4 ,no4 ,he could leave for certain periods of time1 varying in length from a few hours to a few days1 depending upon the nature of the experiment4 ,if it were a dietary experiment1 then he had to eat at the diet table all the time4 ,q4 ,then he actually had freedom of locomotion1 in contradistinction to a prisoner in an institution or penitentiary8 ,a4 ,yes4 99 99 99 99 99 99 99 99 99 99 ,further materials from the record in the ,medical ,case appear in ,volume ,,ii4 ,see ,contents1 p4 ,,vi1 this volume4 ----- #afb ,closing statement is recorded in mimeographed transcript1 #ad ,july #aidg1 pp4 #ajgah-ajgif4 #afc ,document rejected by the ,tribunal4 #afd ,final plea is recorded in mimeographed transcript1 #ag ,july #aidg1 pp4 #aaaed-aaagf4 #afe ,complete testimony is recorded in mimeographed transcript1 #f1 #g1 #h ,jan4 #aidg1 pp4 #aaej-abij4 #aff ,vice ,president of the ,university of ,illinois in charge of the ,college of ,medicine1 ,dentistry1 ,pharmacy1 and ,nursing1 and distinguished professor of physiology at the ,graduate ,school of the ,university of ,illinois4 ,complete testimony is recorded in mimeographed transcript1 #ab1 #ac1 #ad1 #af ,june #aidg1 pp4 #ijbi-icbd4 #afg ,counsel for the defendant ,karl ,brandt refers to experiments carried out in the ,united ,states during ,world ,war ,,ii4 ,,transcriber ,,notes ,punctuation and spelling has been maintained except where obvious printer errors have occurred such as missing periods or commas for periods4 ,american spelling occurs throughout the document4 ,multiple occurrences of the following spellings which differ and are found throughout this volume are as follows3 court martial court-martial blood letting blood-letting border line border-line front line front-line cross examination cross-examination long continued long-continued ,jewish ,bolshevik ,jewish-,bolshevik concentration camp concentration-camp peace time peacetime ,fraeulein ,frau ,frankfurt_/,main ,frankfurt-on-,main ,although some sentences may appear to have incorrect spellings or verb tenses1 the original text has been maintained as it represents what the tribunal read into the record and reflects the actual translations between the ,german1 ,english1 ,russian and ,french documents presented in the trial7s74 ,this volume had no ,german1 ,polish1 ,russian or other eastern ,european diacritics1 only ,french diacritics4 ,as a result1 ,goering and ,fuehrer are spelled without umlauts throughout4 ,an attempt has been made to produce this ebook in a format as close as possible to the original document's presentation and layout4 ,some illustrations were moved to facilitate page layout4 ,the end of ,trials of ,war ,criminals before the ,nuernberg ,military ,tribunals under ,control ,council ,law ,no4 #aj 7,oct #aidf-;,apr #aidi7 7,vol4 #a71 by ,anonymous4