Trials of war criminals before the Nuernberg military tribunals under control council law no. 10, volume I (part 3 of 6)

Trials of war criminals before the Nuernberg military tribunals under control council law no. 10, volume I (part 3 of 6)

The Reich Leader SS wants to be informed of the state of the experiments. I can announce that the experiments have been concluded, with the exception of those on warming with body heat. The final report will be ready in about 5 days. Professor Holzloehner, for reasons that I cannot fathom, does not himself want to make the report to the Reich Leader Himmler and has asked me to attend to it. This report must be made before 20 October, because the great Luftwaffe conference on freezing takes place in Nuernberg on 25 October. The report on the results of our research must be made there, to assure that they be used in time for the troops. May I ask you to arrange for a decision from the Reich Leader regarding the final report to him, and the submission to him of the relevant material?

Today I received your letter of 22 September 1942, in which the Reich Leader orders that the experiments on warming through body heat must absolutely be conducted. Because of incomplete address it was delayed. Today I asked Obersturmbannfuehrer Sievers to send a telegram to the camp commander immediately, to the effect that four gypsy women be procured at once from another camp. Moreover, I asked SS Obersturmbannfuehrer Sievers to take steps to have the low-pressure chamber made ready for use.

The report to Field Marshal Milch planned for 11 September could not be made, as you have discovered, because he was prevented from attending, and no representative was commissioned to receive it. As the Reich Leader had not empowered me to report to anyone in the Reich Air Ministry (RLM), I abstained from making the report, which rather nettled the gentlemen of the Medical Inspectorate [Sanitaetsinspektion]. I immediately informed Obersturmbannfuehrer Sievers. For the time being the report is being held as a military secret at the German Aviation Research Institute (DVL) together with a distribution list prepared by the Reich Air Ministry. The distribution of the copies, however, has not yet taken place, because, as I said, the report has not yet been made to Milch. I assume that you were informed of this whole business long ago. What shall we do now?

I wish to enclose a letter of thanks to the Reich Leader from the former prisoner Neff. At the same time I should like to thank you very much for your efforts; and let me beg you, should opportunity offer, to convey to the Reich Leader my most sincere thanks for his granting of this request. I did not write to the Reich Leader in person, in order not to make any further demands on his valuable time.

With best wishes and Heil Hitler! Yours most sincerely [Signed] S. RASCHER.

PARTIAL TRANSLATION OF DOCUMENT 1619-PS PROSECUTION EXHIBIT 87

TELETYPE FROM COMMANDANT OF DACHAU CONCENTRATION CAMP TO RUDOLF BRANDT, 7 OCTOBER 1942, STATING THAT FOUR WOMEN WOULD BE AVAILABLE FROM RAVENSBRUECK CONCENTRATION CAMP FOR RASCHER’S EXPERIMENTS

Reich Security Main Office (RSHA) Message Center

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CONCENTRATION CAMP DACHAU 9793 7 OCTOBER 1942 1630-FR-

TO SS OBERSTURMBANNFUEHRER DR. BRANDT BERLIN PRINZ ALBRECHT STR. 8. 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 DR. RASCHER FOR THE PURPOSE OF EXPERIMENTS SENT IMMEDIATELY FROM RAVENSBRUECK TO DACHAU.

SIGNED WEISS, SS STURMBANNFUEHRER AND COMMANDANT OF THE CAMP.

PARTIAL TRANSLATION OF DOCUMENT NO-286 PROSECUTION EXHIBIT 88

LETTER FROM GOERING’S OFFICE TO HIMMLER, 8 OCTOBER 1942, WITH ATTACHED INVITATION TO THE CONFERENCE ON “MEDICAL PROBLEMS ARISING FROM HARDSHIPS OF SEA AND WINTER”

The Reich Air Minister and Commander in chief of the Luftwaffe Az: 55 No. 5 340/secret/42 (L. I. 14, 2IIB)

Berlin W 8, 8 October 1942 Leipziger Strasse 7 By Messenger! Subject: Research order on Freezing [Abkuehlung].

Reference: 1. D. R. d. L. and Ob. d. L. Ch. d. Lw. L. In. 14 Az: 55 No. 20058/41 (2II B) dated: 24/2/42

2. D. R. d. L. and Ob. d. L. Ch. d. Lw. L. In. 14 Az: 21 o-r No. 10909/42 (1 II A) dated: 6/8/42

To the Reich Leader SS

The Inspectorate of the Medical Service of the Luftwaffe has given an order for research to the Stabsarzt Professor Dr. Holzloehner, reference above, dated 24 February 1942, for work on the following problem:

“The effect of freezing on warm-blooded subjects.”

At the proposal of Stabsarzt Dr. Rascher appropriate examinations were made of human beings, and in agreement with the Reich Leader SS suitable SS facilities were used for the examinations.

In order to carry out these examinations a research group “Hardships at Sea” (“Seenot”) was set up, consisting of Professor Dr. Holzloehner as leader and Stabsarzt Dr. Rascher and Dr. Finke.

The leader of this research group reported that the examinations have been concluded.

It is intended to dissolve the research group at the latest by 15 October 1942.

The research documents and an extensive report will be presented to the Reich Leader SS by Stabsarzt Dr. Rascher. 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 Luftwaffe.

It is intended to make the results, in the form of an extract, accessible to experts at a conference which will take place in Nuernberg on 26 and 27 October 1942. The agenda schedule of the conference is closed.

The SS Central Office, Medical Department [SS Hauptamt, Sanitaetsamt] has been invited to this discussion by letter, dated 30 September 1942.

It is further requested to abstain from forwarding the documents and the report to other nonmedical offices.

Draft signed [Im Entwurf gez.] By order WULLEN True Copy [Signature] ANTHONY 1 enclosure [Enclosure] The Inspector of the Medical Service of the Luftwaffe

Conference on “Medical Problems Arising from Hardships of Sea and Winter” on 26 and 27 October 1942 in Nuernberg, Hotel “Der Deutsche Hof,” 29-35 Frauentorgraben. Chairman of the conference: Stabsarzt Professor Dr. Anthony, L. In. 14.

Tentative schedule:

26 October 1942.

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15.35 o’clock—Oberstabsarzt Dr. Weltz: “Warming Up after Freezing to the Danger Point”. 15.55 o’clock—Stabsarzt Professor Holzloehner: “Prevention and Treatment of Freezing.” 16.40 o’clock—Discussion.

TRANSLATION OF DOCUMENT 1613-PS PROSECUTION EXHIBIT 90

LETTER FROM RASCHER TO HIMMLER, 16 OCTOBER 1942, TRANSMITTING REPORT ON COOLING EXPERIMENTS ON HUMAN BEINGS (NO-428)

Dr. Sigmund Rascher Munich 16 October 42 Troger Str. 56 Highly esteemed Reich Leader!

Permit me to submit the attached final report on the super-cooling experiments performed at Dachau. 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 conducted. Likewise this report does not contain the microscopic pathological examinations of the brain tissues of the deceased. I was surprised at the extraordinary microscopic findings in this field. 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 time. My two coworkers left Dachau about 8 days ago.

In the hope that you, highly esteemed Reich Leader, will be able to spare a quarter of an hour to listen to an oral report, I remain, with the most obedient regards and

Heil Hitler! Yours respectfully. [Signed] S. RASCHER.

PARTIAL TRANSLATION OF DOCUMENT NO-428 PROSECUTION EXHIBIT 91

REPORT OF 10 OCTOBER 1942, ON COOLING EXPERIMENTS ON HUMAN BEINGS

STABSARZT PROF. DR. E. HOLZLOEHNER STABSARZT DR. S. RASCHER STABSARZT DR. E. FINKE

I. 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 temperatures. These uncertainties extended to the possible physical and pharmacological methods of attack. It was not clear, for example, whether those who had been rescued should be warmed quickly or slowly. According to the current instructions for treating frozen people, a slow warming up seemed to be indicated. Certain theoretical considerations could be adduced for a slow warming. Well-founded suggestions were missing for a promising medicinal therapy.

All these uncertainties rested in the last analysis upon the absence of well-founded concepts concerning the cause of death by cold in human beings. In the meantime, in order to clarify this question, a series of animal experiments were started. And, indeed, 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 experiments. At this particular point it is especially difficult to carry the findings in animals over into the human field. In the warm-blooded, one finds a varied degree of development in the heat-regulating mechanism. Besides this, the processes in the skin of the pelted animals cannot be carried over to man.

II. General Procedure of the Experiment

The effect of water temperatures of 2°, 3°, to 12° C. [34°, 37°, to 54° F.] were investigated. A tank 2×2×2 m. [6-2/3×6-2/3×6-2/3 ft.] served as an experimental basin. The water temperature was attained by addition of ice, and remained constant during the experiment. The experimental subjects were generally dressed in equipment such as the flier wears, consisting of underclothing, uniform, a one piece summer or winter protective suit, helmet, and aviators fur-lined boots. In addition they wore a life preserver of rubber or kapok. The effect of additional protective clothing against water-cold was tested in a special series of experiments, and in another series the cooling of the unclothed person was studied.

The bodily warmth was measured thermoelectrically. Following preliminary experiments in which gastric temperatures were measured by a thermic sound, we adopted the procedure of continuously registering rectally the body temperature [Kerntemperatur]. Parallel with this, the recording of the skin temperature was undertaken. The point of measurement was the skin of the back at the level of the fifth thoracic certebral process. The thermoelectrical measurements were controlled before, during, and after the experiments by thermometric tests of the cheek and rectal temperature.

In severe cooling, checking of the pulse is difficult. The pulse becomes weaker, the musculature become stiff, and shivering sets in. Auscultation during the experiment by means of a tube stethoscope fastened over the tip of the heart proved effective. The tubes were led out of the uniform and made possible the continuous listening to the heart during the stay in the water.

Electrocardiographic controls were not possible in the water. After removal from the water they were possible only in those cases in which, a too severe muscle shivering did not disturb the electrocardiograph records.

The following chemical studies were carried out: following up of the blood sugar picture (continuous); the sodium chloride picture in the serum; the nonprotein nitrogen (Rest-N); the alkali reserve; the alkali reserve of the venous and arterial blood and sedimentation rate (before and after the experiment). Besides this the general blood condition and viscosity were followed during the experiment, and before and after the experiment the resistance of the red blood cells and the protein content of the blood plasma (this refractometrically) were measured.

The following urinalyses were made regularly: sediment, albumen, sugar, sodium chloride, acetone, acetic acid, as well as a qualitative albumen determination.

In part of the experiment lumbar and suboccipital punctures were made as well as corresponding spinal fluid studies.

Among physical and therapeutic measures the following were tested:

a. Rapid warming by means of a hot bath.

b. Warming by means of a light cradle.

c. Warming in a heated sleeping bag.

d. Vigorous massage of the whole body.

e. Wrapping in covers.

f. Diathermy of the heart.

In addition the following drugs were given: Strophanthin i. v.; Cardiaz 1 i. v. and i. c.; Lobelin and Coramin i. v. and i. c. In other experiments alcohol or grape sugar was given.

A part of the experiments was begun under narcosis (8 cc. Evipan i. v.).

III. The Clinical Picture of Cooling

The clinical picture as well as the behavior of the body temperature showed certain regularities in the general course; the time of appearance of certain phenomena was, however, subject to very great individual variations. As one might expect, a good general physical condition delayed the cooling and the concomitant phenomena. Further differences were conditioned by the position of the subject in the water and the manner of clothing. Furthermore, 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 water, and others in which neck and head protruded freely out of the water.

Peculiarly, the actual water temperatures between 2° C. and 12° C. [35° and 54° F.] had no demonstrable effect upon the rate of the cooling. Naturally such an effect must exist. But since besides the already mentioned individual differences and those due to experimental conditions, the various subjects cooled on different days at different rates of speed, the effect of the actual water temperatures between 2° and 12° disappears behind such variations.

If the experimental subject was placed in the water under narcosis, one observed a certain arousing effect. The subject began to groan and made some defensive movements. In a few cases a state of excitation developed. This was especially severe in the cooling of head and neck. But never was a complete cessation of the narcosis observed. The defensive movements ceased after about 5 minutes. There followed a progressive rigor, which developed especially strongly in the arm musculature; the arms were strongly flexed and pressed to the body. The rigor increased with the continuation of the cooling, now and then interrupted by tonic-clonic twitchings. With still more marked sinking of the body temperature it suddenly ceased. These cases ended fatally, without any successful results from resuscitation efforts.

In the course of the narcosis experiments the evipan effects in a few cases went directly over into a cold narcosis; in other cases one could determine a transitory return of consciousness, immediately following the awakening effect already described; at any rate, the experimental subjects were dizzy. Cold pain was not expressed.

Experiments without narcosis showed no essential differences in the course of cooling. Upon entry into the water a severe cold shuddering appeared. The cooling of the neck and back of the head was felt as especially painful, but already after 5 to 10 minutes a significant weakening of the pain sensation was observable. Rigor developed after this time in the same manner as under narcosis, likewise the tonic-clonic twitchings. At this point speech became difficult because the rigor also affected the speech musculature.

Simultaneously with the rigor a severe difficulty in breathing set in with or without narcosis. It was reported that, so to speak, an iron ring was placed about the chest. Objectively, already at the beginning of this breathing difficulty, a marked dilatation of the nostrils occurred. The expiration was prolonged and visibly difficult. This difficulty passed over into a rattling and snoring breathing. However, 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 observed. Not in all subjects, but in a great number, a simultaneous hindering during this breathing through very profuse secretion of mucous could be established. Under these conditions sometimes a white, fine-bubbled foam appeared at the mouth which reminded one of an incipient lung oedema, though it was not possible to determine this symptom with certainty by clinical auscultation; only a sharpened unclean breath sound was audible. This foam might occur early, that is, at rectal temperatures of 32° C. to 35° C.; [90°-95° F.]. No special significance was to be attributed to this regarding the outcome of the experiment which is the opposite of the described relaxation of rigor. The rate of breathing increased at the beginning of the experiment, but after about 20 minutes it decreased to something like 24 per minute with slight variations.

In general a definite dulling of consciousness occurred at the dropping of the body temperature of 31° C. [88° F.] rectal temperature. Next, the subjects still responded to speech but finally answered very sleepily. The pupils dilated markedly. The contraction under light became increasingly weaker. The gaze was directed overhead with a compulsive fixation. After withdrawal from the water an increase in the reflexes was evident in spite of the rigor, and regularly a very marked drawing up of the testicles occurred which practically disappeared into the abdomen. Early in the experiment the face was pale. After 40 to 50 minutes cyanosis appeared. With this the face appeared redder, the mucous membrane bluish-red. The skin veins were not maximally collapsed and were virtually always penetrable.

The heart activity showed a constant change independent of all other individual variations, which was noticeable in all subjects. Upon introduction into the water with narcotized subjects as well as nonnarcotized subjects, the heart rate went suddenly to about 120 per minute. At a rectal body temperature of about 34° C. [93° F.] it then began to become increasingly slower and to sink continuously to about 50 per minute.

The bradycardia at a body temperature of about 29° to 30° C. [84° to 86° F.] changed suddenly to an arrythmia perpetua or, as the case may be, to a total irregularity and this began with a slow form of about 50 beats per minute; this slow form of irregularity could be transformed into a faster one. The transformation to the faster form was not an unfavorable sign regarding life.

When an electrocardiographic control after the experiment was possible, it regularly showed a Vorhof flutter. 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 33° or 34° C. [91° or 93° F.] 1½ to 2 hours after removal from the water, but then customarily changed of itself and without therapeutic aids into a coordinated heart activity. In the same way let it be anticipated that in all cases with a lethal termination, a sudden cessation of the heartbeat ensued upon an irregularity of the slow type.

A check of the blood pressure was attempted, 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 fibrillation.

Reference has already been made to individual differences in the behavior of the rectal temperatures. Figure 4 gives an example which includes four experiments, in which four different experimental subjects were cooled at identical water temperatures and with identical clothing. It was shown that in water at 4.5° C. [40° F.] temperature the time required for reaching a rectal temperature of about 29.5° C. [85° F.] varies between 70 and 90 minutes. But nevertheless the diagram shows that in spite of these individual differences, it is observable that the progress of the rectal temperature proceeds according to rule. The body temperature begins to sink rapidly from about 35° C. [95°-97° F.].

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 water. This continued drop can last 20 minutes or more. During this drop an after-drop of 4° C. [7° F.] could be observed, and indeed not only at temperatures under 30° C. [86° F.]. In one case it was observed that an interruption of the experiment at 35° C. [95° F.] after a further lapse of 20 minutes the rectal temperature had fallen 4° to 5° C. [8° F.] more. We will later discuss the “arresting” of this after-drop by physical measures.

In our experimental series, the lowest rectal temperatures which could be survived varied individually just as did the progress of the temperature drop. In general (in six cases) death occurred with a drop in temperature to values between 24.2° and 25.7° C. [75.6° and 77.6° F.]. In one case, however, a drop to 25.2° C. was survived. This experiment fell outside the typical picture insofar as after 90 minutes at 26.6° C. [79.9° F.] a virtually stationary condition of the rectal temperature had become established for 85 minutes. We will come back again to this special experiment.

The skin temperature sinks or drops much more rapidly than the rectal temperature. Within a minute there occurs a thorough saturation of the articles of clothing. Correspondingly the skin temperature falls already within 5 minutes to values between 24° and 19° C. [75° and 66° F.]. After 10 minutes it may have already dropped to 12° C. [54° F.]. Within 10 to 20 minutes more after the beginning of the experiment the steepness of the drop changes considerably. The curve of the skin temperature runs for some time, that is, for 15 to 30 minutes virtually horizontal. After this time there follows a further but now slower drop to the lowest figures, which may lie below 15° C. [59° F.] at the close of the experiment.

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 drop. The curves pertain to the same experimental subject. The one with the deep fall to 26° C. [79° F.] in 70 minutes was obtained with a water temperature of 12° C. [54° F.] the other with a drop to 32.5° C. [90.4° F.] in the same time resulted from a water temperature of 5.5° C. [41.9° F.]. The very marked difference cannot be explained by a variation in resistance of the particular person, but is to be attributed to the position of the subject in the water and his head covering. In the experiment with the water at 12° C. [54° F.] the subject, in a kapok life preserver, lay flat in the water so that his neck and the back of his head were well submerged; beyond this he did not wear a flier’s helmet. In the other experiment with water at 5.5° C. [41.9° F.] the head was covered with an aviator’s summer helmet without headphones. The subject wore a rubber life preserver open at the back; with this, the head is somewhat out of the water.

In order to follow up the effect of isolated cooling of the neck and the back of the head on consciousness, body temperature, and circulation, this was undertaken in three special experiments. The experimental subject lay horizontal; the back of the head and the neck were dipped into a receptacle through which water of corresponding temperature was continuously run. In an experiment of 3 hours duration there occurred small temperature drops of not more than 0.8° C. [1.4° F.]. The water temperature was 1° to 2° C. [34° to 35° F.]. In one case after 50 minutes a marked sleepiness occurred which changed over into a deep narcosis. The heart activity was variable, and obvious bradycardia could not be observed. Irregularity never developed. Changes were not seen in the electrocardiograph. 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 300 mm. After the experiment, ataxia and definite Romberg phenomena were observed, as well as exaggeration of the normal reflexes; pathological reflexes were absent.

IV. Blood, Spinal Fluid, and Urine During Freezing

The differential blood smears showed no special features during cooling. On the other hand the number of white and red blood corpuscles shows a regular change. The number of leukocytes rapidly increases, roughly with the beginning of the steeper temperature drop at about 35° C. [95° F.] rectal temperature to values of from 25,000 to 27,000 per cu. mm. After one hour a maximum may be reached and a falling-off begins in the number of leukocytes, while the body temperature falls still further. The number of red corpuscles undergoes an increase, though to a relatively small degree, which in its course resembles the change in the number of leukocytes. We saw increases up to 20 percent. This increase is interrupted even earlier than the increase in the number of leukocytes, so that both curves give no reflection of the temperature curve. The increase of the erythrocytes corresponded to the increase of the hemoglobin of from 10 to 20 percent. A reduction of the fragility of the red corpuscles could not be demonstrated with certainty, on the other hand, although in three experiments a definite hemolysis occurred.

The viscosity regularly increases with the beginning of the fall in temperature. The rise can reach values up to 7.8. This rise occurs very early, indeed, already at body temperatures of 35° C. [95° F.]. After that the values remain relatively constant with further temperature falls. The albumen content of the plasma was likewise increased after the experiment, on the average by 1 percent of the absolute value. Since these measurements could not be made as often as those of viscosity for technical reasons, the connection with the progress of the viscosity remained unclear. Such a connection could not be recognized from the absolute values obtained.

With the acceleration of the temperature drop, there always occurs a more marked increase of the blood sugar to maximal values which may attain an average increase of 80 percent and in a few cases may reach an increase of over 100 percent. According to that, the maximal value of about 27.5° C. [81.5° F.] is reached and is maintained for some time. It is to be observed that as long as the temperature drop continues, in no experiment was it possible to observe a decrease in these high blood sugar values. It is usually to be observed that a relatively rapid drop of the blood sugar values sets in when, after removal from the water, the temperature drop ceases and goes over into a temperature rise. We consider these findings to be of theoretical significance. During the isolated cooling of the neck and back of the head which was described in section III the blood sugar remained constant.

In striking contrast to the increase of the blood sugar, there was never established a corresponding glycosuria in the urine collected immediately after the experiment or withdrawn through a catheter, although considerable quantities of urine averaging 500 cc. were found in the bladder; in only two cases could traces of sugar (0.5 percent) be demonstrated. This paradoxical behavior can, perhaps, be explained in this manner: during the time of great blood sugar increase, a blocking of the kidneys had occurred, and that the associated urine quantities were formed before or after this blocking under reflex polyuria. Acetone and acetic acid, likewise, could not be demonstrated in the urine.

The alkali reserve in the arterial and venous blood was regularly very much reduced at the end of the experiments. Experiments concerning oxygen saturation could not be carried out. According to the color of the venous blood withdrawn from the arm veins, the saturation of this blood must have been very greatly reduced; the blood was virtually black as it came into the syringe. Noteworthy in this connection are the autopsy findings which were undertaken directly after death. In these, the blood in the right heart appeared very dark, and in the left heart very bright red. According to this, one must calculate upon an increase in the saturation differential between the arteries and veins.

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 error. Sodium chloride in the urine was generally less, corresponding to a reduction of the specific gravity. On the other hand at the end of the experiments traces of albumin could regularly be demonstrated in the urine and moderately increased leukocytes, occasional erythrocytes, and epithelial cells in the sediments. In particular cases, albumin casts were also observed. The reaction of the urine remained identical before and after the experiments virtually without exception. The studies of the bile yielded no results.

Lumbar and suboccipital punctures immediately after the experiments showed a considerable increase in fluid pressure. On the average it amounted to between 50 and 60 mm. In one case, an increase to 420 mm. was seen. The protein values were always normal. Cell increases did not appear, likewise no abnormal deviation of the colloidal gold curve was observed. The meaning of these findings for therapy is still to be discussed later.

V. Recovery After Cooling and Its Dependence Upon Physiotherapeutic Measures

The important fact has already been referred to that after rescue from the cold water, the body temperature sinks further and so a further temperature reduction of 4° C. [7° F.] may take place. As was likewise emphasized, this may occur as a postphenomenon not only when low temperatures have been obtained already during the experiments, but it can be noted also at final temperatures of 35° C. [95° F.]. A dependence of this after-drop on the duration of the experiment could not be established; as a result it is difficult to calculate in advance. This fact becomes of great importance for practical measures; 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 temperature. Only because of the large number of the experiments was it possible to obtain well-founded concepts of this.

The flattest rise of the body temperature was to be observed when the subject was merely dried off, wrapped in warm cover, and left to himself after removal from the water. 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 clothing. Warming under a light cradle assisted the temperature rise. Vigorous massage had a favorable effect, however, only if it was preceded by treatment in a hot bath or light cradle. In no case was it established that there was any indication of bad effects from the hot water or the light cradle, or that the subject had been harmed in any way. On the other hand, it was observed in three cases that a hot bath had doubtless a life saving effect. In two of these cases there had been complete cessation of heart and breathing action, 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 50° C. [122° F.]. As a result of this we can discard all traditional objections to a sudden rewarming.

The favorable effect of a hot bath is still clearer in the observation of the general condition of the subject than in the temperature curves, although it cannot be presented objectively. The breathing very often becomes “freer” immediately upon introduction into the hot water. The hot water releases a strong stimulus; the unconscious subject often reacts with an outcry. Soon thereafter there occurs a distinct lessening of the severe rigor. The return of consciousness occurs sooner, and indeed at temperatures at which it did not usually happen under other methods of treatment.

In the first experiments with hot water treatment, this was continued only for 10 minutes; after that the subjects were removed and vigorously massaged. Under these circumstances it could be established that the temperature rise continued during the rubbing, indeed in one experiment the rise became steeper. As already indicated, this favorable effect of dry rubbing was not so pronounced without preliminary treatment by heat. It is important, too, that the rubbing be done when the severe spasm of the peripheral vessels has already passed.

In view of this, the hot hath is the best method of treatment of the severely cooled person. However, in the practice of sea rescue service it will not be possible to carry out this method, since the necessary means are not available in aircraft and boats. Under these circumstances we must consider next only the rapid rewarming with light cradle or electrically heated sleeping bag. Therefore a sleeping bag as now used in the sea rescue service was also tested. It was evident that the temperatures which can be developed by this means are not sufficient for heat therapy. With those it was possible to reach a temperature of only 32° C. [90° F.] over the skin, with the heat turned on fully. Besides this, the wall of the foot-section of the sleeping bag is only partly heated; on the outer sides it remains completely cold. As long as no improvement and strengthening of the heating equipment of the sack is carried out, the sleeping bag can be considered only as a substitute for wrapping in warm covers.

The warming by means of the light cradle is more uneven than with a hot bath. With warming by light one might expect severe local vessel expansion with danger of collapse. Actually the subjects often complained of dizziness and nausea after reaching consciousness if the treatment lasted longer than 15 minutes. Occasionally vomiting occurred. In these cases it is indicated to switch off the light cradle and to pack the subject with covers. Apart from this it must be remembered that during unconsciousness the subject should be protected against direct contact with the lamps by means of covers, otherwise burns could occur during clonic-tonic convulsions.

This suggests that “short waves” be employed to supply heat, since it was shown in animal experimentation that by this means it is possible to bring about a thorough warming of the whole animal, which leads to a recovery of the animal with puzzling rapidity. We did not have the proper equipment for a thorough warming of a human being by this means. For this reason the short wave therapy of the heart was tried. This did not have any demonstrable effect. Above all, it is necessary to advise against a practical application of this method, since there exists the danger of prolonged burning even in full consciousness, as the result of cold anaesthesia, even if the treating physician carefully tries to avoid this.

The severe difficulty in breathing as well as the formation of foam before the mouth, which reminded one of incipient lung oedema, seemed to indicate oxygen therapy. Therefore this therapy was tried in four experiments. It showed no effect on either the breathing or the heart action. It has been pointed out that the arterial blood appears especially light red.

VI. 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 attention. It has been reported especially that sudden cases of death occurred as much as 20 minutes to 90 minutes after rescue, and that in mass catastrophes these sudden deaths could amount to mass-dying (rescue collapse). These observations have set off far-reaching discussions. Bleeding in the rewarming periphery, break-downs of neural and humoral correlations and similar ideas have been brought up.

In contrast to this our experiments give a relatively simple explanation of cold-death under these conditions. With the exception of a single case, a total irregularity of the heart chamber could be definitely demonstrated in all cases of cooling under 30° C. [86° F.], (50 experiments), when the rectal temperature reached 29° C. [84° F.] and usually already at a cooling of 31° C. [88° F.]. The exception was an experiment on an intoxicated subject, which is to be gone into more fully below (see sec. VII).

Furthermore heart-death was established clinically in all cases of death observed by us. In two cases breathing ceased simultaneously with the heart activity. These were cases in which it was specially noted that the neck and the back of the head lay deep in the water. In all remaining cases breathing outlasted the clinical chamber cessation by as much as 20 minutes. In part this was “normal, much decelerated breathing,” in part an angonal form of gasping. As already referred to, an auricular flutter could be demonstrated cardiographically during the irregularity.

In cases in which a special cooling of neck and back of head had existed before death, the autopsy showed a marked brain oedema, a tight filling of the general brain cavity [Hirngefaesse] blood in the spinal fluid as well as blood in the Michaelisrhomboid.

The heart findings warrant our taking a certain attitude toward the question of rescue collapse. Death occurred relatively quickly after removal from the water, which may be compared with rescue. The longest interval involved was 14 minutes. It is to be noted, however, in the first place, 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 experiment; in the second place, that in such cases there would have been very much longer intervals. We have already called attention repeatedly to the after-cooling following the experiment. In every case where this had proceeded to a certain point, countermeasures were taken, since the experiments were never planned to end in death. One may well imagine, however, that in mass catastrophes, in which almost exclusively rescue collapse has heretofore been described, the therapeutic measures were confined to an undressing and drying off of the rescued together with a subsequent wrapping in covers. Under these conditions after-drops of great magnitude and long duration were to be expected. In the course of this delayed fall in temperature, a heart-death might occur as in our experiments.

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 clinic, but rather as a sign of direct heart damage, which increases continuously with further falling off of temperature, until finally the heart fails. If the temperature drop is arrested, the slow form of irregularity passes over into a rapid form. This transition is a favorable sign for survival; for this irregularity virtually always passes over of itself after a time averaging 90 minutes into normal heart activity. It continues therefore for a long time after the body temperature has already risen markedly. A danger to the circulatory system could not be demonstrated at this stage. In three cases the return of the heart action to normal occurred in spite of simultaneous energetic physical work.

With the demonstration that cold-death of man is primarily a heart-death, the essential points for therapy are also cleared up. The cause of the severe heart damage is another question. Since our studies were primarily aimed at the development of practical methods of treatment, we will not go very far into the theoretical concepts which may be developed in this connection. Still, several hints may be drawn from the blood studies:

1. The great increase of the viscosity causes an increased loading upon the heart.

2. The choking of peripheral vessel areas by the severe vessel contraction leads to an over-filling of the central areas. This appears not only from our autopsies. In all available records of autopsies which pertain to cases of death from cold in the water after sea disaster, we find uniformly a severe over-filling of the right heart.

3. It is to be calculated that, under the effect of the low blood temperature, the heart itself becomes severely hypodynamic. It has been proved long ago in animal experimentation that a Vorhof flutter can be developed by the overloading and cooling of the isolated heart.

Besides a physical damaging of the heart musculature by the cold, we must also keep in mind the damaging by pathological products of metabolism. Next, the sharp increase in blood sugar may be connected with the increased outpouring of adrenalin. The constancy of this increase of blood sugar during the temperature drop is, however, remarkable. One may well assume that this flow of adrenalin exhausts itself with the continuance of the temperature drop. With this there would have to be a rapid decrease in the blood sugar if the oxidation processes were to continue undisturbed. The decrease in the alkali reserve or the development of an acidosis argues strongly for an injury.

Animal experiments, with general cooling, give grounds for believing that the intermediary metabolism is disturbed during drops in temperature; but this change is also discussed in connection with local freezing of the human being and has been proved to a certain extent. Furthermore, not only this disturbance shows a transition between general and local damage by cold. In both cases there occurs an increase in viscosity, 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 water.

The heart-death remains prominent, the regular increase of spinal fluid pressure with severe cooling of the neck and back of the head leaves it unsettled whether, in addition, this has pathognomonic significance for the outcome. With a fluid pressure of 420 mm. it must in fact be assumed that this participates in the development of bradycardia.

The detection of an increase in fluid pressure is also not without significance for therapy. One may think of a lumbar or suboccipital puncture as a measure to be prescribed. After a lumbar puncture there occurs a transformation of the slow form of arrhythmia into the rapid form. It must remain undecided whether such measures, which delay a rapid, active rewarming, are to be recommended for practical application in the sea-rescue service.

The idea that cold-death in water depends upon failure of the heart, accompanied or unaccompanied by breathing, is subject to limitation. One experiment among fifty-seven was typical. This involved survival of a cooling to 25.2° C. [77.4° F.] during a stay of 3 hours in water of 5.5° C. [41.4° F.]. The rectal temperature under these conditions remained constant within slight variations between 27° and 25° C. [81° and 77° F.] for the last hour and a half. Likewise, quite irregularly, no increase in blood sugar occurred. But most striking was the fact that until the end of the experiment and after its termination consciousness was undisturbed. 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 time. Lower, warm-blooded animals (for example, rats) can endure rectal temperatures of 20° C. [68° F.] for several hours. It is conceivable that this atypical experiment, had it been continued, would have shown also an atypical cause of death. Against this we have the fact that an irregularity had already set in but not before a temperature of 30.1° C. [86.2° F.] had been reached.

Also, aside from the fluid pressure increase, the part which the central nervous system plays in the outcome of the experiment seems to us to be secondary. 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 temperature. This is to be explained by the fact that the counter-controls which are relayed from the temperature center to the periphery, either cannot exist further because of hypofunction of the centers (effect of oedema and cooling), or are no longer transmitted because of cold-blocking of the pathways. But likewise central counter-controls for the areas of the peripheral capillaries may fall; thus delaying the overloading of the heart by extended periphera vasco friction.

VII. 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 animals. These findings are a warning to be most careful in the medicinal treatment of severely cooled persons, though strophanthin and cardiazol have heretofore been expressly recommended in such cases.

In experiments with fatal outcome, the stopping of the heart occurred either in the water or after an interval of not more than 14 minutes after removal from the water. With such a rapid course of events it is unlikely that one can favorably influence the heart action by intravenous injections of strophanthin, especially because the circulation is at a very low ebb before the heart-death. For this reason, in a case whose condition was already very dangerous, strophanthin was given intracardially in a dose of 0.25 mg. Thereupon the heart condition grew still worse and after 5 minutes the heart stopped. One had the impression that the heart action was made worse by the intracardial injection of strophanthin. This is, however, the only case which left the possibility of damage by strophanthin in doubt. No such damage could ever be established in the intravenous injection of strophanthin. On the other hand no therapeutic effect, even with maximal doses of 0.5 mg., could be detected. Figure 11 [not reproduced], last section, shows the total duration in 10 cases of the irregularity observed without strophanthin dosage. This varies between 25 and 200 minutes. On the other hand in Figure 13 in the last section, first five cross-rows there are corresponding time values of 175 to 360 minutes. At various experimental time points during these experiments 0.25 to 0.5 of strophanthin were given. Accordingly, a shortening of the duration of the irregularity cannot be established. Furthermore no improvement of the pulse or general condition was ever noted. Obviously these experiments are too few to rule out a possible favorable effect in all cases. Several hundred experiments would be necessary to obtain statistically reliable data on this point. And so, since contrary to animal experimentation, we could not unquestionably establish damage following intravenous strophanthin dosage, we may leave it to the treating physician whether or not he may still want to make an experiment with strophanthin. To be sure, such an employment of it must be advised against in case of a very much decelerated form of irregularity. This will be observed when there is the greatest danger; under such circumstances time should never be lost by experimenting with drugs, but every effort should be made in the direction of intensive heat therapy.

Also in the experiments with cardiazol, coramin and lobeline we restricted ourselves primarily to determining whether injurious effects occurred in the case of relatively large doses. Four cc. of 10 percent coramin as well as 2 cc. of 1 percent lobeline were injected intravenously at various stages of recovery without any marked objective and subjective deterioration of the state of the heart, the breathing, and the general condition. But just as with strophanthin, it is impossible to rule out a possible therapeutically favorable effect because of the small number of experiments. We never observed such an effect. Especially the marked deepening of breathing and of the irritability of the trigeminal nerve which usually sets in very suddenly after coramin (for example, sneezing immediately after the injection) were always missing. Contrary to strophanthin, in the case of which we cannot advise against experimentation by intravenous injection under certain conditions, 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 considerations: The damage to the heart is to be attributed, among other things, to an overloading, which is caused by a blocking of enlarged vessel areas, aside from an increase in viscosity. If the vessel tonus is further increased in the areas which have remained unimpeded, the conditions for the heart are thereby made worse.

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 given, even the most severe disturbances of the peripheral circulation were reduced remarkably rapidly under intensive heat treatment. 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 up. Contrary to earlier concepts, according to which there was danger of hemorrhage into the periphery during rapid rewarming, and according to which one sought to avoid this hemorrhage by wrapping up the extremities as well as by very slow warming, the “venalous bleeding into the periphery” may be life-saving under some circumstances. An exception, namely, 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 cradle.

The familiar increase of peripheral blood volume as a result of alcohol leads one to expect that very intoxicated persons cool more rapidly. Figure 14[28] shows an experiment from which we may conclude that actually acceleration of the cooling does set in after partaking liberally of alcohol before the experiment. It is very remarkable that in such an experiment, the only exception among all cooling experiments, irregularity was absent in a cooling to 28.1° C. [82.6° F.]. Even if it was not possible to reproduce this apparent protection against irregularity caused by partaking of alcohol in control experiments on other subjects, there remains the possibility that the distending of the peripheral vessels delays the overloading of the heart, just as on the other hand it increases the speed of cooling.

Our observations contradict the old seafaring custom of pouring alcohol into a person already cooled, since, according to these observations the temperature tends, even in slight degrees of cooling, to sink further for a long time after rescue. As long as there is no active supply of heat from outside, the disadvantage of an increased heat loss will reduce the utility of stopping the peripheral vessel blockage. Also in later stages of recovery one must obviously be very careful in giving alcohol; above all, this warning is emphasized by the possibility that one must reckon with a total irregularity after more than an hour, which may go unnoticed by the inexperienced experimenter.

* * * * *

VIII. Preventive Measures

* * * * *

IX. Concerning Life Jackets [Schwimmwesten]

* * * * *

X. Summary

1. The curve of rectal temperature of human beings chilled in water of 2° C. [35.6° F.] to 12° C. [53.6° F.] shows a gradual drop to about 35° C. [95° F.], after which the drop becomes rapid. Death may occur at rectal temperatures below 30° C. [86° F.].

2. Death results from heart failure. The direct damage to the heart becomes evident from the total irregularity observed in all cases, setting in at approximately 30° C. [86° F.]. This cardiac damage is due to overloading of the heart, caused by the marked and regular increase in the viscosity of the blood, as well as by the marked throttling of large peripheral vascular areas; besides, a direct injury to the heart by the cold is also probable.

3. If the neck is also chilled, the lowering of the temperature is more rapid. This is due to interference with the temperature-regulating and vascular centers; cerebral oedema also makes its appearance.

4. The blood sugar rises as the temperature falls, and the blood sugar does not drop again as long as the body temperature continues to fall. This fact suggests an intermediary disturbance of metabolism.

5. Respiration of the chilled subject is rendered difficult due to the rigor of the respiratory musculature.

6. After removal from the cold water, the body temperature may continue to fall for 15 minutes or longer. This may be an explanation of deaths which occur after successful rescue from the sea.

7. Intensive rewarming never injures the severely chilled person.

8. Strophanthin treatment was not observed to have been successful. The question of the use of strophanthin remains open, however. Remedies which influence the peripheral circulation are definitely not advisable.

9. The most effective therapeutic measure is rapid and intensive heat treatment, best applied by immersion in a hot bath.

10. By means of special protective clothing, the survival time after immersion in cold water could be extended to double the survival time of subjects who were immersed without protective clothing.

11. Certain proposals for improvement of life jackets are being made.

Concluded on 10 October 1942.

[Signed] Prof. DR. HOLZLOEHNER DR. RASCHER DR. FINKE

* * * * *

Behavior of the heart action under the influence of medication

│ │Occurance of │ Therapy │Pulse becomes │ Total │ │ │Irregularity │ │ │ regular │ dura- │ Subj.│Water│ After│ At │ │ At│ After exper. │ tion │ │temp.│exper.│ body│ Mg. │ min.│time & admin. │of ir- │ Remarks │ [°C]│ time│ temp.│stroph.│[min.]│ strophanthin │ regu- │ │ │[min.]│ [°C]│ │ │ │larity │ │ │ │ │ │ │ │ │ * │ * │ * │ * │ * │ * │ * │ * │ * │ │ │ │ │ │ │ │ B. L │ 4│ 55│ 30│0.25 │ 65│ — │ — │Death in │ │ │ │ mg., │ │ │ │ the │ │ │ │ 4 cc.│ │ │ │ seventie │ │ │ │ coram│ │ │ │ th │ │ │ │ in. │ │ │ │ minute, │ │ │ │ │ │ │ │ ten │ │ │ │ │ │ │ │ minutes │ │ │ │ │ │ │ │ after │ │ │ │ │ │ │ │ removal │ │ │ │ │ │ │ │ from │ │ │ │ │ │ │ │ water. │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ L. H │ 4│ 30│ 31.5│0.25 │ 60│ — │ — │Death │ │ │ │ mg., │ │ │ │ (heart │ │ │ │ intra│ │ │ │ stopped) │ │ │ │ cardi│ │ │ │ five │ │ │ │ al. │ │ │ │ minutes │ │ │ │ │ │ │ │ after │ │ │ │ │ │ │ │ administ │ │ │ │ │ │ │ │ ering │ │ │ │ │ │ │ │ strophan │ │ │ │ │ │ │ │ thin, │ │ │ │ │ │ │ │ ten │ │ │ │ │ │ │ │ minutes │ │ │ │ │ │ │ │ after │ │ │ │ │ │ │ │ removal │ │ │ │ │ │ │ │ from │ │ │ │ │ │ │ │ water. │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ V. E │ 5.2│ 60│ 30.3│0.25 │ 68│ — │ — │Death │ │ │ │ mg., │ │ │ │ (heart │ │ │ │ heart│ │ │ │ stopped) │ │ │ │ , │ │ │ │ in the │ │ │ │ masag│ │ │ │ sixty-si │ │ │ │ e, │ │ │ │ xth │ │ │ │ coram│ │ │ │ minute │ │ │ │ in, │ │ │ │ during │ │ │ │ cardi│ │ │ │ removal │ │ │ │ azol,│ │ │ │ from │ │ │ │ artif│ │ │ │ water. │ │ │ │ icial│ │ │ │ │ │ │ │ respi│ │ │ │ │ │ │ │ ratio│ │ │ │ │ │ │ │ n. │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ S. M │ 6│ 75│ 31.4│Artific│ 82│ — │ — │Death │ │ │ │ ial │ │ │ │ (heart │ │ │ │ respi│ │ │ │ stopped) │ │ │ │ ratio│ │ │ │ in the │ │ │ │ n, │ │ │ │ eighty-s │ │ │ │ cardi│ │ │ │ eventh │ │ │ │ azol.│ │ │ │ minute, │ │ │ │ │ │ │ │ seven │ │ │ │ │ │ │ │ minutes │ │ │ │ │ │ │ │ after │ │ │ │ │ │ │ │ removal │ │ │ │ │ │ │ │ from │ │ │ │ │ │ │ │ water. │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ L. O │ 4.5│ 30│ 31.2│L. P │ 57│ — │ — │Death │ │ │ │ │ │ │ │ (heart │ │ │ │ │ │ │ │ stopped) │ │ │ │ │ │ │ │ in the │ │ │ │ │ │ │ │ sixty-fi │ │ │ │ │ │ │ │ fth │ │ │ │ │ │ │ │ minute, │ │ │ │ │ │ │ │ eight │ │ │ │ │ │ │ │ minutes │ │ │ │ │ │ │ │ after │ │ │ │ │ │ │ │ removal │ │ │ │ │ │ │ │ from │ │ │ │ │ │ │ │ water. │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │ │

FIGURE 13.

TRANSLATION OF DOCUMENT 1609-PS PROSECUTION EXHIBIT 92

LETTER FROM HIMMLER TO RASCHER, 24 OCTOBER 1942, AND NOTE BY RUDOLF BRANDT

Reich Leader SS Nr 1397/42

Field Command Post, 24 Oct 1942

Dr. Sigmund Rascher Munich, Trogerstr. 56

Top Secret

3 copies 2d copy

Dear Rascher!

I acknowledge the receipt of your letter of the 9th and 10th and both notes of 16 October 1942.

I have read your report regarding cooling experiments on humans with great interest. SS Sturmbannfuehrer Sievers should arrange the possibility of evaluation at institutes which are connected with us.

I regard these people as guilty of treason and high treason, who, still today, reject these experiments on humans and would instead let sturdy German soldiers die as a result of these cooling methods. I shall not hesitate to report these men to the offices concerned. I empower you to make my opinion on this known to the offices concerned.

I invite you to a personal conference in November as I cannot make it sooner despite my great interest.

SS Obergruppenfuehrer Wolff will once again get in touch with Field Marshal Milch. You are empowered to make a report to Field Marshal Milch—and, of course, to the Reich Marshal if he has time—concerning those who are not doctors.

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 bath. 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 deal. They consist of a mass which develops a warmth of 70° to 80° upon addition of water and retains it for hours.

I am very curious as to the experiments with body warmth. I personally take it that these experiments will probably bring the best and lasting results. Naturally, I could be mistaken.

Keep me informed on future findings. Of course we will see each other in November.

Heil Hitler! Yours [Signed] H. HIMMLER

2. SS Obergruppenfuehrer Wolff

Sent with request for acknowledgment. I present the report with the request for acknowledgment and return since the Reich Leader SS in Munich wants these copies again.

[Signed] BRANDT SS Sturmbannfuehrer

TRANSLATION OF DOCUMENT NO-323 PROSECUTION EXHIBIT 94

MEMORANDUM OF RASCHER ON WOMEN USED FOR REWARMING IN FREEZING EXPERIMENTS, 5 NOVEMBER 1942

Sigmund Rascher, M. D.

Munich, Trogerstrasse 56, 5 November 1942 Subject: Requested report on concentration camp prostitutes.

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 Ravensbrueck.

One of the assigned women shows unobjectionably Nordic racial characteristics: blond hair, blue eyes, corresponding head and body structure, 21¾ years of age. I asked the girl why she had volunteered for the brothel. I received the answer: “To get out of the concentration camp, for we were promised that all those who would volunteer for the brothel for half a year would then be released from the concentration camp”. To my objection that it was a great shame to volunteer as a prostitute, I was told: “Rather half a year in the brothel than half a year in the concentration camp”. Then followed an account of a number of most peculiar conditions at camp Ravensbrueck. Most of the reported conditions were confirmed by the three other prostitutes and by the female warden who had accompanied them from Ravensbrueck.

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 road.

Therefore, 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 SS.

[Signature] DR. S. RASCHER

TRANSLATION OF DOCUMENT NO-320 PROSECUTION EXHIBIT 103

LETTER FROM SIEVERS TO BRANDT, 28 JANUARY 1943, AND RASCHER’S REPORT ON HIS DISCUSSIONS WITH GRAWITZ AND POPPENDICK

The Ahnenerbe The Reich Business Manager

To the Reich Leader SS Berlin, 28 January 1943 Personal Staff G/R/8 S 1/Sb [illegible shorthand notes]

Attention: SS Obersturmbannfuehrer Dr. R. Brandt Berlin S. W. 11, Prinz Albrecht Str. 8

Secret!

Subject: Research of Dr. Rascher. Dear comrade Brandt!

I submit to you enclosed a documentary note of Dr. Rascher on his discussion with the Reich Physician SS [Reichsarzt SS] of 13 January 1943. I would be much obliged to you if you could advise us as to what attitude we or Dr. Rascher are to take in the future. I am slightly astonished about the course of the discussion, for the orders of the Reich Leader SS were especially to the effect that we—that is the Ahnenerbe—were to take Dr. Rascher’s work under our care. The argument of SS Gruppenfuehrer Grawitz, that it constituted an unbearable situation to have a non-physician give information on medical matters, is not pertinent. I have never claimed to be a judge of medical matters, nor do I consider it as one of my duties. 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 way. On one thing I certainly can form an opinion—that is, on who is doing the quickest job.

If things are to go on in the future as SS Gruppenfuehrer Grawitz desires, I am afraid that Dr. Rascher’s work will not continue to advance as fast and unhampered as hitherto.

With comradely greetings, Heil Hitler! Yours [Signature] SIEVERS

[Stamp]: Personal Staff RF SS / Enclosure Received on: 4th Feb. 1943 1 Journal No: 1786/43

To: RB Please turn! COPY

Documentary note on discussion Reich Physician SS [Reichsarzt SS] Dr. Grawitz—SS Obersturmbannfuehrer Dr. Poppendick—SS Hauptsturmfuehrer Dr. Rascher, 13 January 1943.

RASCHER: Reports on freezing experiments with water and emphasizes that they have been concluded practically, but not in theory.

GRAWITZ: Question about the memorandum. Whether Rascher believes this to be absolutely established for dry freezings, too?

RASCHER: No, a lot of theoretical work is still to be done, primarily many practical experiments have still to be conducted.

GRAWITZ: That is my opinion, too. We cannot distribute a memorandum to the troops, abolishing all former views, if this is not entirely well-founded, as otherwise uncertainties will arise among the troops. I shall write to Obersturmbannfuehrer Dr. 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 established.

RASCHER: Very well, that’s why the Reich Leader SS gave me the order of 13 December 1942. But I urgently want to emphasize that the results of the freezing experiments with water have been established and are well-founded.

GRAWITZ: Well, now, this had to be mentioned in the letter to Brandt so that you are not blamed in any way! You see, from my former activities (mention of some hospital) I know so much about metabolism that I am almost a specialist in this field and can help you enormously.

RASCHER: As I understood, Gruppenfuehrer, that’s why I am to turn to your office for glass materials, chemicals, etc.

GRAWITZ: No. Not only for that. You have to turn to me in all medical matters, since after all, I am Reich Physician SS and all medical affairs are subordinate to me. It is absolutely necessary that all medical matters destined for the Reich Leader SS go through my office.

RASCHER: I don’t know, Gruppenfuehrer, if this was the intention. I am under the direct orders of the Reich Leader SS and I have always reported directly to him. I have never received orders to another effect.

GRAWITZ: You certainly will be transferred to the Waffen SS?

RASCHER: Yes, I hope so. The transfer is under way.

GRAWITZ: There you are. Then you will be under my orders as a physician at any rate and all matters will have to go through my office, otherwise the situation would be unbearable.

RASCHER: But I am under the orders of the Ahnenerbe! Am I to report to you, too, what I have to report to the Ahnenerbe?

GRAWITZ: Certainly! At least a copy on all medical matters has to be sent to me for my information. For it is an unbearable situation to have a non-physician, such as Standartenfuehrer Sievers, inform me on medical matters if he does not have the adequate special medical education. I have nothing against Sievers. Well, yes, I know you are of the Ahnenerbe. I don’t say anything against your work for the Ahnenerbe, but I want you to work with the Ahnenerbe for the Reich Physician. I shall also write to Brandt on that matter.

POPPENDICK: Well, I already had to ask Standartenfuehrer Sievers several times to come to me to receive information. In the long run all medical matters wind up with us, anyway.

GRAWITZ: You see, this is the point! When the Reich Leader SS does not understand a medical matter clearly he hands the matter over to me, anyway.

RASCHER: Of course, I am grateful for every kind of help, but I believe that I am primarily under the orders of the Ahnenerbe.

GRAWITZ: Certainly not when you are a member of the Waffen SS. I am able to be of much use to you through my knowledge and I shall inform Brandt to that effect. It isn’t that I bear a grudge against you or your work, but all things have to follow their course. Don’t be afraid, scientific thefts don’t occur with us. As I know, you have to acquire the right of giving lectures at universities as a qualified academic teacher under Pfannenstiel. And you will need support. Do you want to be supported by me?

RASCHER: Of course, I thank you most obediently. Where I need support, I gladly accept it.

GRAWITZ: Well, we shall wait then with the memorandum until you have a few hundred cases, then we shall continue. Of course, I would not like the Reich Leader SS to believe that I want to impede you. But if something has not yet been proved to a great extent, we cannot distribute anything to the troops that might spread uncertainty among the responsible authorities!

Everything may be true for freezing by water, but we don’t have that in the Waffen SS. So you agree to wait with the distribution of the memorandum.

RASCHER: Gruppenfuehrer, anyway it is entirely your affair, whether the memorandum is issued now, as you are responsible for it. I composed the memorandum on the basis of these few cases of dry freezing, because the Reich Leader SS pressed for its publication. In composing the memorandum, I was fully aware of the necessity that many experiments still have to be carried out, and I also submitted this view on the occasion of a discussion with the Reich Leader SS in Dachau. But the Reich Leader saw the results in Dachau and in wanting to help the troops ordered the memorandum to be drawn up.

GRAWITZ: In composing a memorandum or in any other scientific work you should not let anybody press you, not even the Reich Leader SS, that will never do! Well now, you’ll send me a copy of all your medical correspondence with the Ahnenerbe, and you’ll no longer write directly to the Reich Leader SS in medical matters but write to me, as it comes to me anyway. Will you do that?

RASCHER: I’ll have to discuss the matter with Standartenfuehrer Sievers first, this comes too much as a surprise.

GRAWITZ: Well, I shall send you a copy of my letter to Dr. Brandt so that you can get a clear picture. I am very pleased to have established such a close contact with you.

This is a certified true copy.

[Signature] WOLFF SS Untersturmfuehrer

TRANSLATION OF DOCUMENT 1616-PS PROSECUTION EXHIBIT 105

LETTER FROM RASCHER TO HIMMLER, 17 FEBRUARY 1943, AND SUMMARY OF EXPERIMENTS FOR REWARMING OF CHILLED HUMAN BEINGS BY ANIMAL WARMTH, 12 FEBRUARY 1943

Dr. S. Rascher SS Hauptsturmfuehrer

Munich, 17 February 1943

To the Reich Leader SS and Chief of the German Police Heinrich Himmler

Berlin SW 11, Prinz Albrecht Str. 8 Dear Reich Leader,

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 heat.

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 water. The Reich Physician SS, SS Gruppenfuehrer Dr. Grawitz, doubted very much that that would be possible and said that I would have to prove it first by 100 experiments. Up to now I have cooled off about 30 people stripped in the open air during 9-14 hours at 27°-29°. After a time corresponding to a transport of 1 hour, I put these subjects in a hot bath. Up to now every single patient was completely warmed up within 1 hour at most, though some of them had their hands and feet frozen white. In some cases a slight fatigue with slightly rising temperature was observed on the day following the experiments. I have not observed any fatal results from this extremely fast warming up. I have not so far been able to do any warming up by “Sauna” as ordered by you, my dear Reich Leader, as the weather in December and January was too warm for any experiments in the open air, and right now the camp is closed on account of typhoid and I am not allowed therefore to bring in subjects, for “Sauna” experiments.

* * * * *

With most obedient greetings and sincere gratitude, and

Heil Hitler! Yours very devotedly RASCHER (enclosure)

* * * * *

Secret Experiments for rewarming of intensely chilled human beings by animal warmth

A. Purpose of the Experiments

To ascertain whether the rewarming of intensely chilled human beings by animal warmth, i. e., the warmth of animals or human beings, is as good or better than rewarming by physical or medical means.

B. Method of the Experiments

The experimental subjects were cooled in the usual way—clad or unclad—in cold water of temperatures varying between 4° C. and 9° C. The rectal temperature of every experimental subject was recorded thermoelectrically. 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 water. The experimental subjects were removed from the water when their rectal temperature reached 30° C. At this time the experimental subjects had all lost consciousness. In eight cases the experimental subjects were then placed between two naked women in a spacious bed. The women were supposed to nestle as closely as possible to the chilled person. Then all three persons were covered with blankets. A speeding up of rewarming by light cradles or by medicines was not attempted.

C. Results

1. When the temperature of the experimental subjects was recorded it was striking that an after-drop of temperature up to 3° C. occurred, which is a greater after-drop than seen with any other method of rewarming. It was observed, however, that consciousness returned at an earlier point, that is, at a lower body temperature than with other methods of rewarming. Once the subjects regained consciousness they did not lose it again, but very quickly grasped the situation and snuggled up to the naked female bodies. The rise of body temperature then occurred at about the same speed as in experimental subjects who had been rewarmed by packing in blankets. Exceptions were four experimental subjects who, at body temperatures between 30° C. and 32° C., performed the act of sexual intercourse. In these experimental subjects the temperature rose very rapidly after sexual intercourse, which could be compared with the speedy rise in temperature in a hot bath.

2. Another set of experiments concerned the rewarming of intensely chilled persons by one woman. In all these cases rewarming was significantly quicker than could be accomplished by two women. The cause of this seems to me that in warming by one woman only, personal inhibitions are removed, and the woman nestles up to the chilled individual much more intimately. Also in these cases, the return of complete consciousness was strikingly rapid. Only one experimental subject did not return to consciousness and the warming effect was only slight. This person died with symptoms suggesting cerebral hemorrhage, as was confirmed by subsequent autopsy.

D. Summary

Rewarming experiments of intensely chilled experimental subjects demonstrated that rewarming with animal warmth was very slow. 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-being. Since excessively long exposure of the body to low temperatures implies danger of internal damage, that method must be chosen for rewarming which guarantees the quickest relief from dangerously low temperatures. This method, according to our experiences, is a massive and rapid supply of warmth by means of a hot bath.

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 available, or in cases of specially tender individuals who possibly may not be able to stand a massive and rapid supply of warmth. As for example, I am thinking of intensely chilled small children, who are best rewarmed by the body of their mothers, with the aid of hot water bottles.

Dachau, 12 February 1943. [Signature] DR. S. RASCHER SS Hauptsturmfuehrer

TRANSLATION OF DOCUMENT NO-268 PROSECUTION EXHIBIT 106

LETTER FROM HIPPKE TO HIMMLER, 19 FEBRUARY 1943, ON FREEZING EXPERIMENTS IN DACHAU

The Inspector of the Medical Service of the Luftwaffe

Berlin W8, 19 February 1943 Leipziger Strasse Phone numbers: [illegible] Cable address: Reichsluft Berlin

File No. 55 No. 81038/43 (2 IIB) Reich Leader,

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 use. They were conducted by the Stabsaerzte [Captains] of the Luftwaffe, Professor Dr. Holzloehner, Dr. Fink, and Dr. Rascher in cooperation with the SS, and are now finished. The results were reported upon by those who worked on them during a conference on medical problems arising from distress at sea and winter hardships, on 26 and 27 October 1942, at Nuernberg. The detailed report on the conference is at present in state of preparation.

I thank you most gratefully for the great assistance that the cooperation of the SS has meant for us in conducting the experiments, and beg you to express our thanks, too, to the commander of the Dachau camp.

Heil Hitler! [Signature] PROF. DR. HIPPKE

2 [?] Feb 1943 1509/43 RF [stamp illegible] [figures 1509/43 handwritten]

TRANSLATION OF DOCUMENT 1580-PS PROSECUTION EXHIBIT 107

LETTER FROM HIMMLER TO RASCHER, 26 FEBRUARY 1943, ON FREEZING EXPERIMENTS IN THE CONCENTRATION CAMPS AUSCHWITZ AND LUBLIN

The Reich Leader SS 1516/43

26 February 1943 Secret Dear Rascher,

Best thanks for your letter of 17 February[29] with report on warming-up experiments. I agree to experiments being made at Auschwitz or Lublin, 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 winter.

I am sending this letter at the same time to SS Obergruppenfuehrer Pohl, whom I request to order the execution of your experiments at Lublin or Auschwitz.

Kind greetings and Heil Hitler! Yours [Signed] H. HIMMLER 2. SS Obergruppenfuehrer Pohl

Transmitted with request to take note and to take the necessary steps.

By order, [Signature (illegible)] SS Obersturmbannfuehrer

PARTIAL TRANSLATION OF DOCUMENT NO-292 PROSECUTION EXHIBIT 111

LETTER FROM RASCHER TO RUDOLF BRANDT, 4 APRIL 1943, REPORTING ON DRY-FREEZING EXPERIMENTS IN DACHAU

Dr. med. Sigmund Rascher [4 April 1943] To Herr Oberregierungsrat SS Obersturmbannfuehrer Dr. R. Brandt Berlin SW 11, Prinz Albrecht Strasse 8 Much esteemed Obersturmbannfuehrer!

* * * * *

The question of the saving of people frozen in the open air has in the meantime been cleared up, since, thank goodness, there was once again a period of heavy frost weather in Dachau. Certain people were in the open air for 14 hours at -6° C., reached an internal temperature of 25° C. with peripheral freezings, and were all able to be saved by a hot bath. As I said: it is easy to contradict! But before someone does so, he should come and see for himself. Moreover, a report about freezing in the open air will be sent to the Reich Leader in the next few days.

With best wishes, Heil Hitler! Yours gratefully, [Signature] S. RASCHER

TRANSLATION OF DOCUMENT NO-322 PROSECUTION EXHIBIT 114

LETTER FROM RASCHER TO KEINDL, 28 APRIL 1943, ABOUT PREVIOUS FREEZING EXPERIMENTS CONDUCTED AT SACHSENHAUSEN

Dr. med. S. Rascher, SS Hauptsturmfuehrer Personal Staff Leader SS Division (Abteilung) Chief at the Institute for Military Scientific Research Office A (Amt A)

Dachau 3K, 28 April 1943

To the Commander of the Sachsenhausen Concentration Camp, SS Obersturmbannfuehrer Keindl Sachsenhausen, near Oranienburg

Obersturmbannfuehrer!

By order of the Reich Leader SS, I have been conducting freezing experiments on human beings in the Dachau concentration camp for more than a year. Today I learned from an experimental subject that I was not the only one conducting these experiments, but that, on the contrary, already in October and November 1938, similar experiments were conducted in the Sachsenhausen concentration camp. SS Hauptsturmfuehrer Dr. Samenstrang is said to have frozen experimental subjects—that is prisoners—in cold water, and subsequently revived them by means of warm water or hot compresses. As I was to work out and have worked out a prescription for the Waffen SS for the resuscitation of frozen persons (for the campaign in the East), knowledge of all preliminary experiments in my field of work is of great importance for me.

I therefore request that if possible you let me know what kind of experiments were conducted in your camp, and, if possible, what results were obtained in connection with these experiments.

As you might not know anything about me, please make inquiries about me, if necessary, either at the Personal Staff of the Reich Leader SS (Obersturmbannfuehrer Baumert) or from the Commander of the Dachau concentration camp, SS Sturmbannfuehrer Weiss.

Yours sincerely Heil Hitler!

TRANSLATION OF DOCUMENT NO-231 PROSECUTION EXHIBIT 116

LETTER FROM RASCHER TO SIEVERS, 17 MAY 1943, CONCERNING, A CONFERENCE WITH GEBHARDT ON FREEZING EXPERIMENTS

Copy By Messenger!

Dr. med. Rascher, SS Hauptsturmfuehrer Dachau 3K, 17 May 1943

To: Reich Business Manager of the Ahnenerbe Society Attn: SS Standartenfuehrer Sievers Berlin-Dahlem, 16 Pueckler Street

Dear Standartenfuehrer!

The following contains a short account of my report to SS Gruppenfuehrer Dr. Gebhardt.

On 14 May 1943, I reported to SS Gruppenfuehrer Prof. Dr. Gebhardt at Hohenlychen. I had hardly arrived, when SS Gruppenfuehrer Dr. Gebhardt asked me in a very loud voice to explain how I dared to submit specialist medical reports directly to the Reich Leader SS (he was referring to the treatise on “The Cooling of Human Beings Outdoors”). I actually did not even get a chance to speak and practically couldn’t reply anything. Then, when I tried to reply, Prof. Dr. Gebhardt said that if I wanted to defy him, my train would be leaving for Berlin at 3 o’clock. When I was finally given the opportunity to speak I was able to point out to Prof. Dr. Gebhardt that the report in question was not meant to be a strictly scientific work, but simply was a short information for the Reich Leader SS on the results of the experiments conducted up to now. Dr. Gebhardt had taken the view that the report was unscientific, and if a student of the second term dared to submit a treatise of that kind, he would throw him out. 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 conducted. Whereupon Dr. Gebhardt replied: “I can imagine that you did a lot of work; one can tell it from this job. If I had not believed that you did a lot of work, I would not have asked you to come at all.”

In addition Dr. Gebhardt said that he intended to merge all the groups of physicians working independently within the SS, since that would suit the Reich Leader SS much better than individual people working on their own. Besides that, he said that I somehow ought to learn university methods of working since very likely I did not yet have the proper training. 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 whatsoever; that since I intended to enter upon a university career, I would by all means have to complete the training of a university assistant first. He further said that all those SS physicians, who are qualified to enter upon a university career, had the duty to do so. Upon my reply that for that reason I was already in touch with Professor Pfannenstiel, Professor Gebhardt replied that these matters ought to be processed by a centralized agency. In future it would not do that I send any reports directly to the Reich Leader SS, but that further reports to serve their purpose would have to be transmitted through him to the Reich Leader. If the report had reached a suitable stage, he would first inform the Reich Leader SS, and then go to see the Reich Leader SS together with me. Finally Dr. Gebhardt asked me to give him data on my personal and scientific career to enable him to make further arrangements. He requested me to call again in the afternoon.

When I called in the afternoon, I was, as in the morning, accompanied by SS Hauptsturmfuehrer Dr. Fischer. This time Dr. Gebhardt was extremely amiable. He asked me whether I now agreed with his arrangements; it would be by far the best I could do, if I joined him. I should not worry, but just continue my work in Dachau, until I had finished my jobs. Later, one would see what was to be done for the future. Upon my question, what it was all about, and who was my superior, whether the Reichsarzt SS, SS Gruppenfuehrer Dr. Grawitz, who had come for an inspection several days ago, the Reich Leader SS, as he personally had promised me, or the Ahnenerbe, of which I had been a member for years, Dr. Gebhardt suggested that all that will be straightened out. Just trust it to me. But I’ll need your curriculum vitae soon, since I have to report to the Reich Leader SS on 23 May.

May I ask you, Standartenfuehrer, under whom I am actually working? Under the Reich Leader SS, the Ahnenerbe, the Reich Physician SS or Dr. Gebhardt? Dr. Gebhardt has already asked me why I am not a member of the Waffen SS. Upon my answer that Dr. Hippke does not like to let me go, he declared that I was too able for him to let me go. Standartenfuehrer! If the same tug of war starts in the Waffen SS as has been going on between Luftwaffe and the SS, I’d rather do without a transfer to the Waffen SS. I was promised that I would continue to work under the Reich Leader SS or under the Ahnenerbe. But I cannot serve several masters at the same time. Of course I am convinced that SS Gruppenfuehrer Prof. Dr. Gebhardt has the best of intentions. His assistants are enthusiastic about him. If I am compelled to ask Prof. Dr. Gebhardt’s advice each time I am going to start a new experiment, 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 Prof. Dr. Gebhardt’s methods which are based upon centuries-old clinical experiences. Also the cooperation with Professor von Luetzelberg would thus come to an end, as these experiments are from the very start contradictory to the hitherto recognized clinical experiences. I think, this arrangement would stop everything that really ought to be experimented.

I pray you with all my heart, Standartenfuehrer, to handle this affair in such a way that Prof. Dr. Gebhardt, who is a very close friend of the Reich Leader SS does not become my enemy. I think that Prof. Dr. Gebhardt can and will be an extremely disagreeable adversary. Before I get into trouble with him, I would rather resign my job and ask for an immediate transfer to the Luftwaffe for combat service. I therefore ask you again to deal with this affair with as much circumspection as it actually requires, because in addition I am convinced that Prof. Dr. Gebhardt (apart from his personal ambition) really has good intentions.

* * * * *

Very respectfully yours and Heil Hitler! Yours very devotedly [Signature] S. RASCHER

This is to certify that the above copy is true:

[Signature] SIEVERS SS Standartenfuehrer.

TRANSLATION OF DOCUMENT NO-432 PROSECUTION EXHIBIT 119

LETTER FROM RASCHER TO NEFF, 21 OCTOBER 1943, CONCERNING DRY-FREEZING EXPERIMENTS

Dr. S. Rascher Dachau, 21 October 1943

To Police-Rottwachtmeister Walter Neff Police Training Battalion I Dresden-Hellerau

Dear Neff:

Your letter dated 11.10 reached me here on 15.10. First of all many thanks for your decision to write such a detailed letter. I really was very pleased about it. To come right away to the affair concerned: I am very sorry to hear that you are being bullied, especially as there exists no reason at all for it. Please let me know the name, rank, and address of your commanding officer because I most certainly will take the matter up. There is no purpose at all in your getting stuck there. Finally I too know how the general condition of your health had been, when you were still here, and I also am able to judge that you cannot go through heavy infantry training. 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 front. But on the other hand, I believe that I need you more urgently than you are needed at the front. As a matter of fact I need you for the following: 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 Sudelfeld. Now I need urgently a most reliable man, acquainted with the material, and that is you in this case. During the next few days I will go with Sievers to the Fuehrer’s Headquarters [Fuehrerhauptquartier], and report there in this sense, and will let you know immediately.

* * * * *

I expect your notice soon, and remain until then with sincerest comradely regards,

Your old chief, [Initialed] R.

TRANSLATION OF DOCUMENT NO-690 PROSECUTION EXHIBIT 120

LIST OF RESEARCH PROJECTS FROM THE FILES OF THE REICH RESEARCH COUNCIL

Cancer Research—70—copies 15 [pencil notation]

25th copy. Worked on by: Professor Dr. K. Blome Berlin SW 68 Lindenstr. 42 77 [pencil notation] Telephone: 174871 929 [pencil notation]

Priority: “SS”

SS-No. │ Requested by— │ Topic │Registration│Degree of │ │ │ No. │ secrecy │ │ │ │ 0453 │Schwarz, Kruft │Combating of │ 2058/15 │ │ │ potato bug. │ │ │ │ │ │ 0496 │Seel, Poznan │Investigation of │ 2118/15 │ │ │ means for │ │ │ │ combating │ │ │ │ agricultural │ │ │ │ parasites and │ │ │ │ for disinfection│ │ │ │ of the soil. │ │ │ │ │ │ 0328 │Rascher, Munich │Rewarming after │ 1879/15 │ │ │ general freezing│ │ │ │ of the human │ │ │ │ body; healing │ │ │ │ after partial │ │ │ │ freezings; │ │ │ │ adjustment of │ │ │ │ the human body │ │ │ │ to low │ │ │ │ temperatures. │ │ │ │ │ │ 0329 │Hirt, Strasbourg │Changes in the │ 1881/15 │ │ │ living organism │ │ │ │ under the │ │ │ │ influence of │ │ │ │ poison gases. │ │ │ │ │ │ 0415 │von Borstell, Colonel,│Development of │ 1975/15 │ Secret. │ Weimar-Nohra. │ aircraft │ │ │ │ apparatus for │ │ │ │ insecticides and│ │ │ │ fungicides which│ │ │ │ can be sprayed. │ │

Cancer Research Worked on by: Prof. Dr. K. Blome Berlin SW 68 Lindenstr. 42 Telephone: 174871 Deputy: Dr. Breuer Berlin-Steglitz Grunewaldstr. 35 Telephone: 726071

No. │ Requested by— │ Topic │ │ 0454/1857/15│Zipf, Koenigsberg │Tests of food colors for their │ │ cancer-causing effect on │ │ animals. 0473/1838/15│Spek, Heidelberg │Physio-chemical investigations │ │ on living cells.

[Stamp] Top Secret The Reich Research Council 22 [pencil notation]

The Director of the Business Management Committee Cancer Research

3d copy Authorized person: Prof. Dr. Kurt Blome Berlin SW 68, Lindenstr. 42

“Nesselsted” Prof. Dr. Blome, Commissioner for Cancer Research, Berlin SW 68. Lindenstr. 42

DE 1413—RPS—VLI/44 SS 4891—0242 (1739/15) 44

EXTRACTS FROM THE TESTIMONY OF TRIBUNAL WITNESS WALTER NEFF[30]

EXAMINATION BY PROSECUTION

* * * * *

MR. MCHANEY: When did the freezing experiments start?

WITNESS NEFF: The first freezing experiments started during August or at the end of July. They were conducted by Prof. Holzloehner, Dr. Finke, and Dr. Rascher. The freezing experiments can be divided into two separate classes, the Holzloehner-Finke series, which were later dropped, and a series where Dr. Rascher conducted these experiments himself.

Q. All right. Suppose you describe the experimental basin.

A. The experimental basin was built of wood. It was 2 meters long and 2 meters high. It was raised about 50 centimeters above the floor and it was in Block No. 5. In the experimental chamber and basin there were many lighting instruments and other apparatus which were used in order to carry out measurements.

Q. Now, you have stated that you can divide the freezing experiments into two groups, one where Holzloehner and Finke were working with Rascher and then the period after Holzloehner and Finke had left?

A. Yes.

Q. Now, will you tell the Tribunal approximately how many persons were used over the whole period? That is, including both groups that you have mentioned.

A. Two hundred and eighty to three hundred experimental subjects were used for these freezing experiments. There were really 360 to 400 experiments that were conducted, since many experimental subjects were used for more than one such experiment—sometimes even for three.

Q. Now, out of the total of 280 or 300 prisoners used, approximately how many died?

A. Approximately 80 to 90 subjects died as a result of these freezing experiments.

Q. Now, how many experimental subjects do you remember that they used in the Holzloehner-Finke-Rascher experiments?

A. During that period of time approximately 50 to 60 subjects were used for experimental purposes.

Q. Did any of these experimental subjects die?

A. Yes. During that period of time there were about 15, maybe even 18 cases of death.

Q. When was that experimental series concluded?

A. It was concluded in the month of October. I think it was at the end of October. At that time Holzloehner and Finke discontinued these experiments, giving the reason that they had accomplished their purpose and that it was useless to carry out further experiments of that kind.

Q. And then Rascher continued experiments on his own?

A. Yes. 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 subject.

Q. How long did Rascher continue to experiment with freezing by cold water?

A. Until May 1943.

Q. Now, were the experimental subjects for the freezing experiments selected in the same way as for the high-altitude experiments?

A. No. Here Rascher turned to the camp administration and told them that he needed so and so many experimental subjects. Then the political department of the camp selected 10 inmates by name. 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 on. I was able to use the original list as evidence in the first Dachau trial.

Q. Do I understand then that the experimental subjects used in the freezing experiments were political prisoners?

A. There were a number of political prisoners and also a number of foreigners, but there were also prisoners of war and inmates who had been condemned to death.

Q. These persons were not volunteers, were they?

A. No.

Q. Suppose you describe to the Tribunal exactly how these freezing experiments were carried out, that is what tests they made, how they measured the temperature and how the temperature of the water was lowered in the basin and so forth?

A. These basins were filled with water, and ice was added until the water measured 3°, and the experimental subjects were either dressed in a flying suit or were placed into the ice water naked. During the period when Holzloehner and Finke were active, most experiments were conducted under narcotics because he maintained that you could not find the exact condition of the blood, and that you would exclude the will power of the experimental subject if he was under an anaesthetic. Now whenever the experimental subjects were conscious, it took some time until so-called freezing narcosis set in. The temperature was measured rectally and through the stomach through the Galvanometer apparatus. The lowering of the temperature to 32° was terrible for the experimental subject. At 32° the experimental subject lost consciousness. These persons were frozen down to 25° body temperature, and now in order to enable you to understand this problem, I should like to tell you something about the Holzloehner and Finke period. During the period when Holzloehner and Finke were active, no experimental subject was actually killed in the water. Deaths occurred all the more readily because during revival the temperature dropped even further and so heart failure resulted. This was also caused by wrongly applied therapy, so that in contrast to the low-pressure experiments, deaths were not deliberately caused. In the air-pressure chamber on the other hand, each death cannot be described as an accident, but as willful murder. However, it was different when Rascher personally took over these experiments. At that time a large number of the persons involved were kept in the water until they were dead.

Q. Now, Witness, you have identified the defendant Weltz in the defendants’ dock. On what occasion did you meet Weltz?

A. I met Weltz in Munich. I saw him there once. According to my recollection it was in Luftgau Kommando VII, Prinzregenten Strasse No. 2, and I saw him speak to Rascher there, and at a later date Rascher told me that that was Professor Weltz. I remember this incident especially since Rascher often discussed Weltz and his animal experiments, which he carried out with reference to freezing. I never saw Professor Weltz in Dachau or anywhere in the camp.

Q. Do you know, Witness, whether Rascher and Weltz exchanged information on freezing problems?

A. I don’t know that. I would assume so, since Rascher discussed Professor Weltz’ experiments, and he certainly must have had some discussions with Weltz on the subject. However, I know of no correspondence with Weltz.

Q. Do you recall the occasion when two Russian officers were experimented upon in the freezing experiments?

A. Yes.

Q. Will you relate that incident to the Tribunal?

A. Yes. It was the worst experiment which was ever carried out. Two Russian officers were carried out from the bunker. We were forbidden to speak to them. They arrived at approximately 4 o’clock in the afternoon. Rascher had them undressed and they had to go into the basin naked. Hour after hour passed and while usually after a short time, 60 minutes, freezing had set in, these two Russians were still conscious after 2 hours. All our appeals to Rascher asking him to give them an injection were of no avail. Approximately during the third hour one Russian said to the other, “Comrade, tell that officer to shoot us.” The other replied, “Don’t expect any mercy from this Fascist dog.” Then they shook hands and said “Goodbye, Comrade.” If you can imagine that we inmates had to witness such a death, and could do nothing about it, then you can judge how terrible it is to be condemned to work in such an experimental station.

After these words were translated for Rascher in a somewhat different form by a young Pole, Rascher went back into his office. The young Pole tried at once to give them an anesthetic with chloroform, but Rascher returned immediately and threatened to shoot us with his pistol if we dared approach these victims again. The experiment lasted at least 5 hours until death occurred. Both corpses were sent to Munich for autopsy in the Schwabing Hospital.

Q. Witness, how long did it normally take to kill a person in these freezing experiments?

A. The length of the experiment varied, according to the individual case. Whether the subject was clothed or unclothed also made a difference. If he was slight in build and if in addition to that he was naked, death often occurred after only 80 minutes. But there were a number of cases where the experimental subject lived up to 3 hours, and remained in the water until finally death occurred.

* * * * *

Q. Will you describe to the Tribunal the method used for rewarming the victims of the freezing experiments?

A. During the period when Rascher, Holzloehner, and Finke were there, rewarming was in the beginning carried out by massage and partly by means of injections of drugs affecting the heart, and also by means of rewarming by electrical heaters and sometimes by means of a warm bath. At the end of the Holzloehner period, the hot water rewarming method was introduced, and that was carried out until the end of the rewarming experiments with the exception of a few special experiments with animal heat. About 10 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 manner. These are the methods which were employed in order to rewarm the frozen body.

Q. Now, Witness, did I understand you to say that the hot water bath method of rewarming was not adopted until after Holzloehner and Finke had left?

A. After Holzloehner and Finke had left the station, hot water rewarming was also carried out.

Q. Do you recall receiving orders in September 1942 from Sievers to take the hearts and lungs of five inmates who had been killed to Professor Hirt in Strasbourg for further scientific study?

A. It is correct that I had to take specimens belonging to five persons who died during experiments from the morgue to Hirt in Strasbourg. I myself, of course, have never done any dissecting and therefore did not prepare these specimens. Sievers ordered me to go to Strasbourg and there deliver the glasses to Professor Hirt, together with an accompanying letter. This was the end of September or the beginning of October. The travel warrant had been made out by Sievers and the traveling expenses were also paid by the Ahnenerbe.

Q. Had the five experimental subjects been killed shortly before you left for Strasbourg?

A. I cannot remember with absolute certainty whether the specimens were fresh or whether they were taken from older corpses. I do know that among the specimens there was one from a Dutchman. I cannot recollect for certain the nationality of the other four.

Q. Did you deliver these hearts and lungs to Professor Hirt in Strasbourg?

A. I delivered them in Strasbourg, not to Professor Hirt himself but to the laboratory at the University there. The letter to Professor Hirt I handed to him personally, and he wanted me to return and see him in the afternoon, since he had to give me something to take to Dachau. He gave me a sealed letter to Dr. Rascher and a parcel for Sister Pia which I handed to Rascher to pass on.

Q. Now, Professor Hirt was also a member, in fact the head of the Department of the Ahnenerbe Society, was he not?

A. We knew that Professor Hirt was also making experiments and belonged to the Ahnenerbe Society.

* * * * *

EXTRACT FROM THE TESTIMONY OF DEFENDANT HANDLOSER[31]

CROSS-EXAMINATION

MR. MCHANEY: Let us pass on, General. Your attorney asked you whether or not you ever gained any information concerning the freezing experiments carried out by Rascher, Holzloehner, and Finke. Do you deny that you ever received knowledge on that matter?

DEFENDANT HANDLOSER: I said, no.

Q. As a result of the Eastern campaign weren’t you very much interested in “Cold” problems?

A. Yes.

Q. Isn’t that why you sent army officers to the Luftwaffe conference in October 1942?

A. Of course the interest in cold problems was of an important nature. I do not know who assigned them. 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 send, and he may have made some proposal, and I think I would have told him on that occasion “Yes, I am in full agreement. Send somebody there.” 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 it.

Q. Well, having sent them, you then immediately lost interest in the problem, I suppose?

A. No, I did not lose interest. At some period of time somebody probably reported to me whether something particular had happened or whether there were any particular results or not, and what could be exploited by us. But, at that time there was no mention of anything in particular having occurred, nor was it said that any particular revolutionary results were achieved. At any rate, I cannot recollect that anything like that happened. I should merely like to point out that my interest in cold problems was in our particular sphere of these problems, that is the so-called earth-bound cold, at normal height or at the most in the mountains where it concerned soldiers in mountain troops. That was something which we discussed during various meetings, at first in 1942; it was discussed to a great extent, and very exact directives were contained in the reports of these meetings. You will find them in 1942 and you will find them in 1943. Naturally we were interested in cold problems, and it is quite a matter of course that whenever we were invited by the Luftwaffe to send our experts we did. The same thing is done everywhere, not only in the army and in the field of medicine, but in technical fields as well.

Q. Well, I thought that was probably correct, General; 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 attention. 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 cold, a treatment which had been first discovered by a Russian in the 19th century but had been forgotten somehow. Wasn’t this a matter remarkable enough so that Schreiber, who was at this meeting, or one of the many other army doctors who were down there, would perhaps call it to your attention, after the extreme cold you had suffered in Russia the previous winter?

A. I said already before that we were always interested in cold problems and as you say, very correctly, mainly because of this terrible winter of 1941-42. I knew before that our regulations which were valid up to the war and perhaps during the first year of the war, stated that people who were frozen had to be rewarmed very slowly. The entire population was informed that a frozen person should not be rewarmed too quickly. Even before that we included in our regulations that one should concentrate on rewarming, and certain forms of rewarming were described. If we army people who knew the Russian front were not as impressed by this warm bath, as you may think we were, it was probably because there were no warm baths available along the entire Eastern front, and this plays quite a large part in the impression any new invention may have made on us.

Q. Well, now, General, let me put it to you this way. 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 1942?

A. If you look through the reports of the meetings and the directives it is quite possible that somewhere, I can’t tell you exactly where although I have it, something is said about warm or hot baths in regard to freezing. You yourself brought to our knowledge again, through a document, that in December 1942, that is, after Nuernberg, Holzloehner spoke about his rewarming questions during a conference in the Academy. That was reported to 300 or 400 men who transferred that information to the front and I am sure that later on new directives contained information about the warm bath, too.

Q. I am sure it did, too, General. 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 Rascher, Holzloehner, and Finke. I now want to ask you if you didn’t actually hear Holzloehner speak in December 1942 at the meeting of consulting physicians at the Military Medical Academy?

A. I cannot recollect that, and I must say once more that that is something which was done within the various expert branches. I am sure you will see that these expert branches dealt with these suggestions themselves. However much one so desires, it is not possible to participate in several expert branches simultaneously.

Q. Well, then, to put it to you, General, this speech by Holzloehner is reported in our Document NO-922, Prosecution Exhibit 435, 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 cold, and I find that you made some comments at this cold session on page 51 of the original report. It reads:

“Handloser stresses the extraordinary importance of education also in combating cold effects and appeals to all medical officers, in their capacity as leaders of the health service, to see to it that through frequently repeated explanations each individual is taught to observe the necessary precautionary measures.”

A. May I ask you where it is? Is it with reference to the lecture by Holzloehner? At any rate, it seems to be within the framework of the cold problem.

Q. General, I will put the German to you so that you can see for yourself. General, let us read the little summary of the speech by Holzloehner because the Tribunal does not have this document before it. It reads:

“Stabsarzt Professor Holzloehner:

“Prevention and Treatment of Freezing

“In case of freezing in water of a temperature below 15° biological counter-measures are practically ineffective, whether in the case of human beings or animals. Human beings succumb to reflectory rigidity, increase of blood sugar, and acidosis, at an earlier stage and to a greater extent than animals. At a rectal temperature of below 30° under such conditions of distress at sea auricular flutter regularly sets in; at under 28° heart failure frequently occurs in human beings. (Over-exertion due to unequal distribution of blood, increased resistance, and increased viscosity.) Treatment with drugs is senseless and has no effect. In the case of human beings, best results are also achieved with hot baths. The foam-suit was developed as a prophylaxis against freezing in water below 15°.”

Now, General, 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 lectures; we find among them Bremer, Dr. Hippke, the man who commissioned these experiments, and Jarisch and Buechner. 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 Holzloehner.

A. Yes, after reading what I have in my hand now, it is quite possible that I listened to this lecture. At the same time, it is a proof that I have not as good a memory as you assumed, because I already had this document in my hands once before here in Nuernberg; you once gave it to me and I forgot about it.

Q. Now, did Holzloehner describe clinical observations about human deaths resulting from cold in this lecture which you heard?

A. I cannot tell you that.

Q. Does it not say so in your own report here?

A. It says here that Holzloehner belonged to the Luftwaffe and as far as I was informed later, Holzloehner had gained a large amount of experience from his service on the Atlantic Coast. I am sure that was something which was mentioned during his lecture. 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 sea. There was no cause to suspect anything special behind this.

Q. Was it apparent to you that he carried out experiments on human beings?

A. No.

Q. Well, General, we have heard some testimony here about the talk Holzloehner gave in Nuernberg 2 months before this and, as I recall, there was some indignation in this meeting in October 1942, because all these gentlemen realized what had happened; are you telling me that no rumor of this seeped up from Nuernberg to Berlin in 2 months, so when the same man gave the same talk, you gentlemen were in complete ignorance about the fact that these experiments had been carried out on living human beings in a concentration camp?

A. I cannot say how far any discussions or any indignations were noted in Nuernberg. At any rate, I never heard anything about any rejection or any indignation. 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 obscurity, or some particular sensation, and if 2 months later, I gave the same lecture at another place, I would naturally change my lecture and would draw my conclusions from what I had learned previously. I am sure that this might well have been the case here. At any rate after reading this excerpt, if a few pages are missing here and if one doesn’t look at the pages exactly, one must assume that the man noted down here as Handloser spoke immediately after the lecture of Holzloehner. 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 discussion. You will also have to admit that considering the fact that we were approaching winter again (this meeting took place in December 1942) my remarks did not refer so much to Professor Holzloehner’s lecture, 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 soldiers. That is all this discussion was.

* * * * *

EXTRACT FROM THE TESTIMONY OF DEFENDANT SCHROEDER[32]

CROSS-EXAMINATION

* * * * *

MR. MCHANEY: I don’t believe you have told the Tribunal yet about the conversation you had with Holzloehner on his freezing experiments, have you?

DEFENDANT SCHROEDER: What experiments do you mean? What conversation do you mean? Do you mean in 1940?

Q. General, you know as a matter of fact there apparently is some dispute between the prosecution and yourself about the precise date, but you knew during the course of the war that Holzloehner, Finke, and Rascher had carried out experiments on concentration camp inmates at Dachau?

A. Yes, I learned that in my office in 1944, as I said here before.

Q. And, I am suggesting to you that after you learned that Holzloehner had been implicated in those experiments you called him in and talked to him?

A. Yes, oh yes. I know when you mean now, yes. There are two things which play a part here. I said yesterday that in 1940 Holzloehner had furnished people who were rescued from the sea to the Rescue Station at Witze, where he first gained experience. Then I lost sight of Holzloehner, since I left the west in the year 1941, and I saw him again for the first time in the fall of 1944, when for some reason that I do not know, he visited one of the men in my office. At that time I spoke to him briefly, and since I had learned in the meantime that he was conducting, experiments in Dachau, I asked him whether that was correct or how he was doing it. I remember at that time he told me that he was conducting experiments based on the experience which he had gained on the coast, and he was supplementing these experiments by conducting experiments on human beings in Dachau. At that time he was speaking about six or seven criminals who had been condemned to death were put at his disposal for that purpose. At that time, he said nothing about any fatalities. I gained the impression then that the entire manner of the experiments had impressed him mentally. I had the feeling that he did not want to speak about it; his suicide later confirmed that.

Q. Well, General, I think this is all rather significant. I think you should have probably made some mention of it before this date. When was this meeting with Holzloehner?

A. I mentioned it during my interrogation; I think that was in the fall of 1944. I cannot remember the exact date. It could have been November 1944. I am not quite sure.

Q. Well, this was after you had initiated the sea-water experiments, then; is that right?

A. Considerably later, yes.

Q. And, as I recall, you also said in this interrogation that you had seen this report by Holzloehner, which I understand you have denied heretofore; now, had you seen Holzloehner’s report or not?

A. No, nor did I ever say that I had. He reported to me on this, but he did not show me a report.

Q. Now, General, I am reading from a summary of an interrogation of you made on 21 October 1946, and one paragraph reads as follows: “Schroeder also knows about the ‘See-Not’ and ‘Winter-Not’ reports from which he could conclude that human beings were used for experiments. This could also be concluded from Holzloehner’s report on the freezing experiments, and it could furthermore be seen from the comments which Dr. Rascher wrote on the above matter. Schroeder learned about these matters in 1944.” Now, is this summary inaccurate?

A. Very inaccurate.

Q. All right, let us get it straight. In the first part of 1943 you received a report on the Nuernberg meeting, did you not?

A. Yes.

Q. In May 1944, Becker-Freyseng told you that Holzloehner, Finke, and Rascher, had carried out experiments on concentration camp inmates at Dachau, did he not?

A. That is not the right way of putting it. He said that Holzloehner had made the experiments; nothing was said to me about Rascher and Finke. I did not know them then. I learned their names only since I was imprisoned.

Q. You mean you had not heard up to then that Rascher had worked with Holzloehner on these experiments; is that right?

A. No, I did not say that. I heard Rascher’s name for the first time in this report of 1945 when I was imprisoned.

Q. Well, I do not know, General, 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 1943 on the Nuernberg meeting. You do not recall that?

A. No.

Q. And I very well remember that Rascher had made a comment on this rather long lecture by Holzloehner, from which it could clearly be seen that Rascher himself was experimenting with Holzloehner; do you not remember that?

A. I can say that now, because in the meantime I have seen these reports, “See-Not” and “Winter-Not,” and have read them through carefully and acquainted myself with the various names, and I know that in this report there is an extensive report by Holzloehner and after that a short remark by Rascher. I did not pay any attention to it at that time because I had no connections with Rascher, nor did I see any reason why I should; but I did interest myself in Holzloehner’s report because I knew him from working with him on the French coast.

Q. Well, we will come back to the report in just a moment, but right now I want to go on with your discussion with Holzloehner. Can you tell us, more or less, exactly what he told you?

A. That is a little too much to ask me to recall a brief remark that I made in 1944 on the occasion of a very short visit. I do recall that I met Holzloehner outside my hut, and I asked him to step in a moment; then I asked him about the experiments. He answered me briefly and that was the end of our conversation. The only thing that struck me was that Holzloehner, who previously had been a very lively and brisk person, seemed very depressed and worn out. I attributed that to the 5 years of war that had passed. That there were other reasons, perhaps, for this, I could only adduce later from his tragic demise. It could be that I commented to my adjutant on this subject. I am not sure at the moment, but I think it is quite possible because Augustinick knew Holzloehner very well and liked him. Perhaps Augustinick can be asked about that later.

Q. You said a moment ago you got the impression that Holzloehner did not want to talk about these experiments, and you also had been dabbling in Dachau experiments yourself. I think under these circumstances it might be expected that you would have questioned Holzloehner rather closely about what went on in his experiments. You did not do that?

A. 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 death, and that these experiments had been described in the report which he had submitted. That made it perfectly clear what was going on, so why should I ask anything further? I was not particularly interested in going into that specific result.

Q. Well, were the sea-water experiments over at that time?

A. Yes, some time before, and that must have been why Holzloehner came to me because these experiments had long been concluded.

Q. You did not have any one in the nature of representative at the Nuernberg meeting in October 1942?

A. No.

Q. Now, you mentioned this report which you received on that meeting; that is Document NO-401, Prosecution Exhibit 93. You stated that you did not know that Rascher and Finke were working with Holzloehner. I found a statement on page 11 of this report which reads as follows: “For the relevant statements, we have to thank the cooperation of Stabsarzt Dr. Rascher and Stabsarzt Dr. Finke; they refer to a stay in water of 2 to 12 degrees.” That statement indicates very clearly that Rascher and Finke were working with Holzloehner, does it not?

A. Yes.

Q. Now, 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 out, but rather, you thought they were clinical observations made on people fished out of the North Sea, is that right?

A. Yes, I based my testimony solely on the Holzloehner report which was the only thing that interested me. There were reports by Rose and others but I did not read them. I glanced through them briefly but gave no further attention to them because I did not know the people who had drawn them up.

Q. Let’s just look briefly at one or two points here and see if they might not indicate to you, if you thought about it a little bit, that these were really experiments and not clinical observations on people who accidentally fell into the sea. For instance, on page 11 of the translation it states as follows:

“The rapidity with which numbness occurs is remarkable. It was determined that already 5 to 10 minutes after falling in, an advancing rigor of the skeletal muscles sets in, which renders the movement of the arms especially increasingly difficult. This also affects respiration. Inspiration is deepened, and expiration is delayed. Besides this, heavy mucous secretions occur.”

Now, when you read that little paragraph about a man who had been in the water 5 to 10 minutes where it is said that he had rigor of the skeletal muscles, where his inspiration is deepened and his expiration is delayed and where there is a heavy mucous secretion, did you imagine that they had Dr. Holzloehner in a lifeboat in the North Sea making these observations on some aviator who had fallen in accidentally? Did you think that, General?

A. Yes, that’s what I thought. You don’t know the local situation at Visson. There were a beach and dunes, and a guard from the rescue station always stood on the dunes to keep an eye on the water and the surrounding country, particularly when flights to England were taking place, so that it actually did happen that fliers bailed out and fell into the water just in front of the shoreline. Rescue boats were ready at that time and went out to sea immediately, so that it was altogether possible that fliers who fell into the water close to the coast could very quickly be observed and rescued. These are the facts of what actually took place at that rescue station at that time.

Q. On the same page they have this remark: “With the drop of the rectal temperature to 31°, a clouding of consciousness occurs, which passes to a deep, cold-induced anaesthesia if the decline reaches below 30°.”

Now, do you suppose that they pulled this aviator in and inserted a rectal thermometer and found his temperature at 31° and then tossed him back and let it drop another degree, all the time watching closely a clouding of consciousness, and then hauled him back in when it was 30° and noted a deep, cold-induced anaesthesia?

A. No, that isn’t the correct way to put it either. 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 fatalities, namely, 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 occurred. This was one of our fundamental and new observations. And I must report again and again that this rescue house was a small place, but it did have the apparatus for observing these people very exactly. That was the sense of the whole thing.

Q. General, you’ve already covered yourself a little bit by saying you didn’t read these discussions after Holzloehner’s lecture very carefully; but I want to read you the one by Rascher, in any event, 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 Sea. This is on page 15 of the translation, and Rascher has said:

“Supplementing the statements of Holzloehner, there is a report on observations according to which cooling in the region of the neck only, even if it lasts for several hours, causes merely a low sinking of the body temperature up to 1° C., without changing the blood sugar level or the heart function. Checking of the rectal temperature was carried out by taking the temperature in the stomach and showed complete agreement. After taking alcohol, body temperature decreases at a quicker pace. After taking dextropur, the decrease is slower than with the experiments in both a sober and an alcoholic condition. Hot infusions (10 percent dextro solution, table salt solution, tutofusin, table salt solution with pancortex) were successful only for a time.”

Now, General, if you had read that, wouldn’t it have been perfectly clear that these were experiments?

A. Today, of course, after this whole question has been exposed I should; but at that time I never suspected the possibility from that report that these were a special group of human experiments. I can say that here under oath, and I should like to reiterate it. That was my attitude toward the matter at that time and it has only been changed by what I have discovered here.

Q. I might also point out to you that Benzinger’s comment expressly speaks of Holzloehner’s experiments repeatedly; but I assume that that also made no impression on you?

A. I can say one thing to that. My comrades, the medical officers in my office at that time in Italy, had no notion either that human experiments were the basis for these reports. Never was one single word said about such a thing on the occasion of my inspection visits. Of course, during my visits to the Mediterranean such matters were brought up; but I never heard any indication that these reports were the result of a long series of experiments on human beings. In other words, others, too, did not see so clearly as is pointed out here that these were human experiments.

Q. And you heard no rumors in the air force at all about these experiments, although there had been a large meeting at Nuernberg in October, with considerable comment there about these experiments? Holzloehner later gave a lecture before all the consulting physicians, at least those who attended the meeting on internal medicine where he spoke. He gave another report there on these experiments. You never heard any rumors in the air force about these things; is that right?

A. No.

Q. You never talked to Finke about these experiments, did you?

A. I have stated frequently that I don’t even know Finke.

* * * * *

EXTRACTS FROM THE TESTIMONY OF DEFENDANT SIEVERS[33]

DIRECT EXAMINATION

DR. WEISGERBER: During the subsequent period you came in contact with the cold experiments of Dr. Rascher?

DEFENDANT SIEVERS: I once went to Dachau in order to participate in administrative conferences at the time when Dr. Rascher, Professor Holzloehner, and Dr. Finke were concluding a cold experiment. That is to say, the experimental subject had just been placed into a room, but I didn’t see anything else of this experiment.

Q. On the occasion of this experiment, or on the occasion of a discussion which perhaps followed, did you hear anything more in detail about Rascher concerning these experiments?

A. These three men were very busy reading the apparatus used in connection with that experiment. I was told that it was necessary to apply the warm covers as quickly as possible. Professor Holzloehner stated that they had almost concluded their experiments and that further experiments hardly seemed necessary. No scientific questions were discussed at that time.

Q. Did you see any report or did you receive reports from Rascher about these cold experiments?

A. No. These reports also went directly to Himmler from Rascher, as becomes evident from the documents which have been submitted here.

Q. In Document 1611-PS (Pros. Ex. 85), you find a letter sent by the Reich Leader SS to Dr. Rascher, dated 22 September 1942. In the second paragraph it states that it was sent to SS Obersturmbannfuehrer Sievers for information. Paragraph 1 mentions the interim report on the cold experiments by Dr. Rascher at the Dachau concentration camp. One could conclude therefrom that you received this interim report.

A. This interim report went directly from Rascher to Himmler, otherwise Himmler wouldn’t have answered Rascher direct. I don’t think, however, that it is out of the question that Rascher had told Hitler in this interim report, or in some other way, that when I heard of these cold experiments I considered them to be perverse. I assume that by sending me that report Himmler’s opinion on that subject was to be transmitted to me, and that is why I received a copy of that letter for my information.

Q. Now, would you be good enough to turn over one page, and you will find there Dr. Rascher’s letter dated 3 October 1942. (NO-285, Pros. Ex. 86.) This letter is obviously directed to Dr. Rudolf Brandt. It becomes evident from that letter that Rascher applied to you in a number of matters, is that correct?

A. Yes, I shall revert to that briefly, first of all concerning the low-pressure chamber. He says here that he turned to me in order to take steps regarding the low-pressure chamber. I didn’t do anything about that, at least not on the basis of this request by Rascher, only later when Himmler arrived at Munich and when he himself ordered me to send him this draft letter which was previously discussed. He further says that he turned to me regarding a teletype which requested the furnishing of women for these experiments. Since Himmler had already issued orders regarding the furnishing of experimental subjects, there was nothing left for me to do.

Q. Didn’t you participate in a second cold experiment?

A. Yes, together with Dr. Hirt, whom I had to accompany by order of Himmler, as he had been included in Rascher’s experiments with Himmler’s approval. Himmler probably had realized in the meantime that Rascher alone would not be sufficient in order to clarify these scientifically very extensive and difficult questions. Hirt could only come to Munich for one day because of his state of health and for that reason asked that everything be prepared beforehand, so that he could gain insight into all the work results which had been obtained so far. I told Rascher to prepare everything according to Hirt’s desire. A professional criminal was presented for the purpose of this experiment.

Q. Was that a professional criminal who had already been condemned to death, and how did you know whether it was such a criminal?

A. Before the experiment started Hirt wanted to look at the files because there was a possibility that this experiment would end fatally. The sentence was furnished by the Criminal Police Department of the Camp Administration. We saw that this was a sentence which had been passed by a regular court, and it became evident therefrom that this man had more than 10 years’ penitentiary behind him, and had been recently, sentenced to death because of murder and theft. Hirt furthermore asked the man whether he knew that this experiment might end fatally, whereupon the man answered that he was well aware of it. He said that he would have to die anyway for he was a confirmed criminal, and he just could not stop his criminal activity; therefore he deserved death.

Q. Did you convince yourself of that by asking the experimental subject whether he was actually a volunteer?

A. After Hirt’s questioning I personally asked the man whether he agreed to that experiment. He thereupon said that he was in full agreement, providing it didn’t hurt him. This assurance could be given to him because the experiment was carried out under complete anaesthesia. I didn’t participate in the entire experiment, but I saw that this man was given an anaesthetic.

Q. You yourself saw the files from the criminal police?

A. Yes, I read through them, together with Hirt.

Q. Well, I guess there can be no doubt that this was a professional criminal sentenced to death by a regular court?

A. This was a very regular sentence. All previous sentences were listed in the files, and I remember in addition to the death sentence, he had already had 10 years’ penitentiary.

* * * * *

Q. Now, would you please be good enough to turn to page 86 of the document book before you? This is a report about a so-called “Cold Conference” dated 26 and 27 October 1942. Did you receive this report in the Ahnenerbe?

A. I certainly didn’t receive it and I don’t remember having seen it anywhere.

Q. Didn’t Curator Wuest receive that report?

A. I do not believe so. The scientific work in connection with Rascher, which only concerned Himmler personally, was always dealt with directly by Rascher and Himmler. These matters were only sent to Wuest if Himmler actually sent them himself. I don’t believe that has happened in this particular case. At any rate, Wuest never told me anything about it. These reports and the research assignments just discussed lay completely outside the interests and sphere of Wuest.

Q. What do you know about the so-called dry-cold experiments of Dr. Rascher?

A. 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 equipment. I don’t know whether these experiments were actually carried out. At any rate, I only found out about that here in this courtroom. As a prerequisite for the execution Rascher said that it was necessary for them to be performed in the mountains. Himmler had also ordered that these experiments be carried out in the grounds of the mountain villa at Sudelfeld. I was to see to it that accommodation was available there. Investigations, however, proved that the terrain at Sudelfeld was not suitable for that purpose. At the same time I had heard that there were a sufficient number of cases of freezing to be found in hospitals at the front. I therefore asked Rascher why it was necessary for him to carry out any further experiments. He evaded my question and merely declared categorically that he would have to abide by Himmler’s order.

Q. Which year was that?

A. That was at the end of 1942.

Q. The order was at the end of 1942?

A. The end of 1942. The conversation with Rascher about the accommodation took place afterwards.

Q. And that was intended for the winter of 1943-44?

A. No, for 1942-43. Since the terrain at Sudelfeld was not suitable, some other place had to be found and I handled this matter in a very dilatory manner. Rascher pressed me on the matter and Himmler was rather indignant, but after all I couldn’t create a house by myself. Himmler subsequently ordered that preparations be made for these experiments to be carried out at least in the next winter. I think I made a mistake, I think it must have been the winter of 1943-44. I’m sure it was 1943-44, and I think that afterwards Himmler said that preparations were to be made for 1944-45. These experiments, however, were never carried out because Rascher was already arrested in the spring of 1944.

Q. In that case you are saying that these dry-cold experiments were not carried out in the mountains in the winter of 1943-44. You assisted in preventing these experiments from being carried out by delaying the finding of suitable accommodation?

A. Yes.

Q. I will now briefly summarize your testimony with reference to the count concerning cold experiments.

MR. HARDY: If it please your Honor, the defense counsel has put questions to the witness and the witness has testified to these questions. I really think summations after each experiment are unnecessary here. That can take place in his closing statement.

PRESIDING JUDGE BEALS: A short summation on the part of defense counsel might be in order, as long as it does not contain too much repetition.

DR. WEISGERBER: Yes, your Honor. You accidentally attended the completion of a cold experiment by Dr. Rascher at Dachau. You had seen no reports about Dr. Rascher’s experiments and received no knowledge about them in any other way. The furnishing of the experimental subjects for the rewarming experiments were not your business, and you actually had nothing to do with it. You attended a further experiment under the circumstances which you have previously described. You know nothing about any dry-cold experiments being carried out in Dachau itself. You succeeded in delaying and finally completely frustrating the dry-cold experiments in the mountains. Is that correct?

DEFENDANT SIEVERS: Yes, that is correct.

Q. After searching your mind, did you do anything in that connection which went beyond the orders given you by Himmler?

A. No, in no way at all.

* * * * *

-----

[28] Figure 14, headed “Mean Values from Group of Four Experiments each at 4° C. [39.2° F.] to 4.5° C. [40.1° F.] Water Temperature,” is a chart showing the skin temperature and the rectal temperature of four experimental subjects each of whom respectively in a sober state, was given 100 cubic centimeters of alcohol one hour before the start of the experiment, and was given 100 grams of pure dextrose one hour before start of the experiment. The three curves indicating skin temperature show drops to 16° C. and below after 60 to 80 minutes; the three curves showing rectal temperature show a low of 22.3° C. and 21.3° C. after 70, 100, and 110 minutes respectively, and then an increase to 31.3° C. after 130, 200, and 230 minutes respectively.

[29] 1616-PS, Pros. Ex. 105, see p. 249.

[30] Complete testimony is recorded in mimeographed transcript, 17-18 December 1946, pp. 595-695.

[31] Complete testimony is recorded in mimeographed transcript, 11, 12, 13, and 18 February 1947, pp. 2815-3104.

[32] Complete testimony is recorded in mimeographed transcript, 25, 26, 27 February 1947, pp. 3470-3700.

[33] Complete testimony is recorded in mimeographed transcript, 9, 10, 11, 14 April 1947, pp. 5656-5869.

3. MALARIA EXPERIMENTS

a. Introduction

The defendants Karl Brandt, Handloser, Rostock, Gebhardt, Blome, Rudolf Brandt, Mrugowsky, Poppendick, and Sievers were charged with special responsibility for and participation in criminal conduct involving malaria experiments (par. 6 (C) of the indictment). Only the defendant Sievers was convicted on this charge. In the case of the defendant Mrugowsky the judgment of the Tribunal makes no special reference to this charge.

Although the defendant Rose was not charged with special responsibility for participation in malaria experiments, the prosecution offered proof to show some participation by Rose in these experiments. However, the Tribunal in its judgment refrained from making a finding of guilt or innocence as to Rose, since malaria experiments were particularized in paragraph 6 (C) of the indictment and since Rose was not among those defendants who were charged with special responsibility by name (judgment, vol. II). The Tribunal said that the manner of the prosecution’s pleading “constituted, in effect, a bill of particulars and was, in essence, a declaration to the defendants upon which they were entitled to rely in preparing their defenses, [and] that only such persons as were actually named in the designated experiments would be called upon to defend against the specific items. Included in the list of names of those defendants specifically charged with responsibility for the malaria experiments the name of Rose does not appear. We think it would be manifestly unfair to the defendant to find him guilty of an offense with which the indictment affirmatively indicated he was not charged.”

“This does not mean that the evidence adduced by the prosecution was inadmissible against the charges actually preferred against Rose. We think it had probative value as proof of the fact of Rose’s knowledge of human experimentation upon concentration camp inmates.”

The Tribunal did make findings of guilt or innocence with regard to several experiments which were not particularized in detail in the indictment and concerning which the indictment did not name any particular defendants as having special responsibility. For example, the prosecution introduced evidence concerning phlegmon, polygal and gas oedema experiments (subsections 12-14, see pp. 653 to 694) under the general charge of paragraph 6 of the indictment, which alleges that the criminal experiments “included, but were not limited to” the particularized experiments. (See also introductions to sub-section 12-14, see pp. 653-4, 669-70 and 684.)

The prosecution’s summation of the evidence on the malaria experiments is contained in its final briefs against the defendants Rose and Sievers. Extracts from these briefs are set forth below on pages 280 to 283. A corresponding summation of the evidence by the defense on these experiments has been selected from the closing briefs for the defendants Sievers and Rose. It appears below on pages 283 to 288. This argumentation is followed by selections from the evidence on pages 289 to 314.

b. Selections from the Argumentation of the Prosecution

_EXTRACT FROM THE CLOSING BRIEF AGAINST DEFENDANT ROSE_

* * * * *

With respect to the malaria experiments, two questions are presented for consideration: first, whether the malaria experiments were performed in a criminal manner, and second, whether the defendant Rose was connected with such experiments.

That the performance of the malaria experiments in the Dachau concentration camp from February 1942 until the end of the war was criminal has not been seriously disputed by any of the defendants. In December 1941, while working in Italy, Dr. Claus Schilling met Conti who became interested in supporting further work by Schilling on malaria problems. A meeting was arranged with Himmler who gave his permission for experiments to be carried out in the Dachau concentration camp. Schilling began his work in Dachau in February 1942 and continued his experiments until the end of the war. He was primarily concerned with discovering a way of immunizing persons against malaria. During the course of the experiments, approximately 1,200 concentration camp inmates were infected with malaria either by being bitten by infected mosquitoes or by injections of malaria-infected blood. After having been infected, the prisoners were treated with various drugs, including quinine, neosalvarsan, and pyramidon. Most of the experimental subjects were non-German nationals. Of the experimental subjects infected, approximately 30 died as a direct result of the experiments and an additional 300 to 400 died as a result of complications.

The above facts are established by the Review of the General Military Commission in the case of the U. S. against Weiss and others, held at Dachau, Germany. (NO-856, Pros. Ex. 125.) Claus Schilling was a defendant in that case and was convicted and sentenced to death. In an affidavit submitted in evidence before that Tribunal, dated 30 October 1945, Schilling admitted that the experimental subjects were not volunteers.

One of the assistants to Schilling in his experiments at Dachau was Dr. Ploetner, who was a member of the Institute for Military Scientific Research of the Ahnenerbe under the defendant Sievers. Sievers conferred with Ploetner regarding the malaria experiments and received reports from him. (3546-PS, Pros. Ex. 123; entries for 30 January, 22 February, 23 May, 31 May, 1 June, 24 August.) Rose stated that he learned that Ploetner was a collaborator of Schilling through an inquiry to the Journal of Tropical Medicine in the year 1944. Ploetner had published an article in that magazine and it had come to Rose’s attention. (Tr. 6339.)

The witness August Vieweg testified for the prosecution and substantiated the findings of the Military Commission at Dachau. Vieweg was first subjected to the malaria experiments himself and thereafter served as an inmate-assistant in the malaria ward. Vieweg testified that Schilling experimented on approximately 1,100 inmates, including Germans, Poles, Russians, and Jugoslavs. Among the Russian inmates used were prisoners of war. Seven or eight of the subjects died in the malaria station, primarily as a result of pyramidon poisoning. (Tr. p. 428.) He also testified that to his knowledge, an additional 60 inmates died after having been transferred from the experimental station. He further stated that none of the inmates volunteered, that he personally did not, and that the experimental subjects were not freed as a result of undergoing the experiment. The original infection card from the files of Schilling in Dachau, showing the date of infection of the witness Vieweg with “Culture Rose,” was introduced. (NO-983, Pros. Ex. 128; see also Tr. pp. 584-5.)

The defendant Rose participated in the criminal experiments of Schilling by furnishing him material with which to carry out the experiments. 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 experiments. Rose had known Schilling for many years and succeeded him as Chief of the Department for Tropical Medicine in the Robert Koch Institute. Moreover, Rose, by his own admission, was an adviser to Dr. Conti, who arranged for Schilling to carry out his experiments in Dachau. It is highly unlikely that such an arrangement would have been made without consulting Rose.

Rose furnished Schilling with malaria spleens for his experiments in Italy during the year 1941, a fact which Rose denied on the stand until contradicted by his letter to Schilling, dated 3 February 1941. (NO-1756, Prog. Ex. 486.) Rose continued to furnish infection material to Schilling after he set up his experimental station in Dachau. Rose and his witnesses admitted that anopheles eggs were sent to Schilling in 1942, but Rose, after that occasion, issued instructions that no more material was to be sent to Schilling because he did not agree with his research aims. (Tr. p. 6415.) On 4 April 1942, Schilling wrote to Rose asking for “Culture Rose” to continue his experiments. This letter bears the dateline “Dachau, 3K, Hospital for Inmates,” and it was initialed by Rose on 17 April 1942. Schilling stated that he would be “very thankful * * * for this new support of my work.” [Emphasis supplied.] That Rose complied with this request of Schilling’s is established because the witness Vieweg was himself infected with “Culture Rose.”

On 5 July 1943, in a letter, also with the notation “Dachau, K3, Malaria Station,” Schilling thanked Rose for a consignment of atroparvus eggs and accepted Rose’s offer to send him his excess eggs. This letter mentions the “Prisoner August,” who obviously was the witness, August Vieweg. This letter was initialed by Rose on 27 July. (NO-1753, Pros. Ex. 488.) On the same date Rose replied to Schilling’s letter, advising him that at the next favorable opportunity, a shipment of anopheles eggs would be made to him.

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_EXTRACT FROM THE CLOSING BRIEF AGAINST DEFENDANT SIEVERS_

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Sievers had knowledge of and supported the criminal malaria experiments in Dachau. He testified that early in 1942 he learned from Himmler that Schilling was conducting malaria experiments in Dachau. (Tr. p. 5692.) In a memorandum dated 3 April 1942 concerning a consultation between Sievers and Dr. May on the location of an experimental station for the Ahnenerbe, Sievers mentioned as a persuasive reason for locating in Dachau the fact that Schilling was carrying out his malaria experiments there. (NO-721, Pros. Ex. 126.) Although this memorandum gives the name as “Schling”, Sievers testified that the name Schilling was intended. (Tr. p. 5693.)

The witness Vieweg testified that in late 1943 or early 1944 Sievers made several visits to Schilling’s malaria station where he consulted with Ploetner, who was a collaborator of Schilling’s. (Tr. pp. 445-7, 464.) He stated that Sievers consulted with Schilling and also inspected the laboratory. (Tr. p. 423.) 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 Ahnenerbe.

A number of entries in the Sievers diary for 1944 prove that Sievers was connected with and supported the malaria experiments. On 30 January he received a memorandum by Ploetner on malaria. A notation of 22 February states that “further work in the matter of SS Hauptsturmfuehrer Dr. Ploetner to be done through RGF [Reichsgesundheitsfuehrer Conti].” Ploetner, in addition to his work with Schilling, was also collaborating with Rascher in the blood coagulation experiments. (See entries of 29 January and 14 April.) On 10 May 1944, the entry indicates that Rascher’s research work was transferred to Ploetner. This was apparently a result of Rascher’s difficulties in connection with the kidnapping of children by him and his wife. On 23 May 1944, Ploetner was charged with the management of the Ahnenerbe division in Dachau. The entry for 31 May indicates that Sievers and Grawitz reached an understanding concerning Ploetner’s continued collaboration with Schilling. On 21 June, Sievers conferred with Schilling about limiting Ploetner’s activities with him after his transfer to the Ahnenerbe. Ploetner was actually appointed department head in the Institute for Military Scientific Research of the Ahnenerbe on 27 June. The entry for 24 August 1944 notes that collaboration between Schilling and Ploetner had been agreed upon. (3546-PS, Pros. Ex. 123.)

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c. Selections from the Argumentation of the Defense

_EXTRACT FROM THE CLOSING BRIEF FOR DEFENDANT SIEVERS_

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Malaria Experiments

1. Under the direction of Professor Dr. Schilling, malaria experiments were carried out in Dachau concentration camp in the years 1941-1944.

2. According to the statements in the verdict of the United States Military Court at Dachau of 26 January 1946 (NO-856, Pros. Ex. 125) a great number of people were killed in these experiments.

3. Sievers had not the slightest connection with either Professor Schilling’s malaria experiments or with any other malaria experiments.

The prosecution charges Sievers with participation in malaria experiments.

“As can be seen in all spheres of this devilish experiment program in Nazi Germany, the defendants charged with the malaria experiments had on their side an extensive knowledge of Schilling’s activity. In some cases they worked actively with the late Dr. Schilling”. (Tr. pp. 403-4.)

For proof, the prosecution refers to NO-721, Prosecution Exhibit 126.

Regarding 3546-PS, Prosecution Exhibit 123, Sievers’ diary 1944, entries of 22 February 1944 and 31 May 1944, the prosecution states:

“From this document it can be seen that on or about 1 April 1942 Wolfram Sievers had knowledge of Dr. Schilling’s activity in Dachau. 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 matters.”

The defense has proved:

Sievers stated in his cross-examination that the affairs which he discussed with Dr. May on 1 April 1942 in Munich had nothing whatsoever to do with malaria experiments. Sievers paid a social visit to Dr. Schilling in Dachau in the middle of the year 1944 in order to get Dr. Ploetner released for the manufacture of pectin. (Cross-examination of Sievers, German Tr. pp. 5692-93.) Neither Sievers nor the Ahnenerbe nor the Institute for Military Scientific Research [Institut fuer Wehrwissenschaftliche Zweckforschung] had anything to do with malaria experiments. (Cross-examination of Sievers, German Tr. p. 5693; Statement of the witness Dr. May, German Tr. p. 5877.) Neither can there be proved from Point four of the memorandum of 1 April 1942 (NO-721, Pros. Ex. 126) any connection of Sievers with the malaria experiments.

An affidavit of the secretary Hildegard Wolff relates how the memorandum of 1 April 1942 and the drawing up of Point four came about. She took down and typed the memorandum from Sievers’ dictation. (Sievers 11, Sievers Ex. 8.) According to this, Sievers, in the very hurried dictation, said Frau Wolff should write down as Point four what Himmler had said in his telephone conversation about the erection of the institute in Dachau. Therefore, not Sievers’ but Himmler’s opinion is stated here.

Through the discussion of 1 April 1942 between Sievers and Dr. May it had been made completely clear that human experiments within the framework of the research order to Dr. May were absolutely out of the question, not only for the reason that such experiments would have been rejected on principle, but also because human experiments had nothing whatsoever to do with the task of developing an insecticide for insects harmful to human beings. Moreover, no other kind of human experiment was carried out in connection with Dr. May’s work. The witness, Dr. May, testified concerning Sievers’ diary entry of 22 February 1944 that there never existed any cooperation between Dr. May, Dr. Ploetner, and Dr. Schilling. (Witness Dr. May, German Tr. p. 5878.)

That, however, would have been a necessary condition in order to classify Sievers’ administrative activity in this connection as participation.

As to points four, five, six, seven, there is no occasion for statements concerning these points.

Summary

Since Sievers took no part in the malaria experiments of Professor Schilling at Dachau or any other malaria experiments, he is not guilty of a crime. Thus any special responsibility and participation in malaria experiments is excluded.

* * * * *

_EXTRACT FROM THE CLOSING BRIEF FOR DEFENDANT ROSE_

* * * * *

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 Experiments.

In the indictment, Professor Rose is not charged with special responsibility for the malaria experiments carried out by Professor Schilling at the Dachau concentration camp or with participation. The defendant Rose is also not mentioned in Document Book No. 4 of the prosecution which deals with these malaria experiments. In the course of the verbal proceedings in the court, the prosecution has, however, preferred charges against Professor Rose to this effect and introduced several new documents in the trial during the cross-examination of defendant Rose (NO-1752, Pros. Ex. 487; NO-1753, Pros. Ex. 488; NO-1755, Pros. Ex. 489; NO-1756, Pros. Ex. 486) and also heard the witness Vieweg concerning this question. (German Tr., 13 Dec. 46, pp. 464-516.)

This evidence shows that among others also the Department for Tropical Diseases of the Robert Koch Institute in Berlin, under the direction of the defendant Rose, sent anopheles eggs and malaria cultures on a few occasions to Professor Schilling at Dachau during the years 1942 to 1943. 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 “Culture Rose”. The above-mentioned evidence also shows that Professor Schilling told Professor Rose in two of his letters about his breeding of mosquitoes; 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 malaria. This was in 1941, at a time when Schilling was not yet working in Dachau. According to the testimony given by the defendant Rose during cross-examination (Tr. pp. 6412-3), he evidently complied with Schilling’s request.

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 activities, constitute, within the meaning of the Penal Code, participation on the part of the defendant Rose in the deeds of Professor Schilling. In my opinion this decision can only be a negative one, for the followings reasons:

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 Institute. (Rose 11, Rose Ex. 27.) This department had a section which dealt exclusively with these matters. 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-projects. (Rose 38, Rose Ex. 10; Rose 10, Rose Ex. 26; Rose 12, Rose Ex. 28.) Deliveries of this kind are internationally common practice and were never denied by the defendant Rose. It is also common practice to use the organs of human corpses for the carrying out of scientific research. (Tr. p. 6474; Rose 51, Rose Ex. 50.)

The prerequisites for such deliveries are that they are requested either by well-known institutes or by renowned research scientists. It cannot be denied that Schilling, a coworker of Robert Koch and a member of the malaria commission of the League of Nations, was famous as a malaria research scientist. In a case of this kind, the non-delivery of such material would have been an express violation of traditional practice and of official duty. It is also not international usage for the orderer to be questioned about the intended use of the material before its delivery. (Compare Mrugowsky 4a, Mrugowsky Ex. 96; Rose 49, Rose Ex. 48; German Tr., 19 June 47, p. 9680.) Even if Professor Rose declared, in the witness box during examination on his own behalf, that he assumes full responsibility for it, 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 laboratory. This also was the procedure in the case in question as the evidence shows unequivocally. (Rose 35, Rose Ex. 32; German Tr., 16 Dec. 46, p. 507; Tr. pp. 6020, 6352.) Thus, 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 that, as in the case in question, although the letters are sent by the orderer to the head of such an institute personally, the dispatching of the order is nevertheless carried out independently by the personnel of the institute.

Besides, 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 Dachau, since it has already been established that Schilling obtained no less than 12 other malaria cultures from other institutes. (NO-1752, Pros. Ex. 487; German Tr., 16 Dec. 46, p. 509.) Professor Schilling also obtained mosquitoes from other institutes. (German Tr., 16 Dec. 46, p. 507.) Naturally these institutes could also not have had any scruples about sending material to Professor Schilling. In addition to this, Professor Schilling personally maintained a group of people to catch mosquitoes. (German Tr., 16 Dec. 46, p. 508.) If Professor Schilling turned at all to the Robert Koch Institute in this matter, 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 management.

The defendant Rose did, as a matter of fact, 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 (Tr. p. 6021) and from his lecture in Basel. (Rose 25, Rose Ex. 31.) However, to judge by Professor Schilling’s personality and past he could, nevertheless, not conceive the idea that Professor Schilling’s work at Dachau could be anything but completely above reproach. Experiments on human beings in malaria research are first of all, a matter of course and common practice. Even if the defendant Rose always limited his own work to the traditional evaluation of therapeutic malaria infections, experiments on prisoners in this field must unquestionably be permissible from an ethical point of view, as can be proved by the malaria experiments on many hundreds of prisoners in American prisons. (Karl Brandt 1, Karl Brandt Ex. 1; Karl Brandt 117, Karl Brandt Ex. 103; Mrugowsky 80, Mrugowsky Ex. 76; Rose 50, Rose Ex. 49.) 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 means, Rose really had no knowledge whatsoever of the object of the research carried out by Schilling, and did not know the collaborators of the latter. (Rose 29, Rose Ex. 34; Rose 30, Rose Ex. 33.) Much less was he informed about the conditions under which Schilling was working in Dachau.

The defendant Rose himself is a well-known malaria research scientist. Malaria research was the main study of his department at the Robert Koch Institute in Berlin and also later in Pfaffenrode. Professor Schilling only worked with malaria tertiana (benign tertian) in Dachau. (NO-1752, Pros. Ex. 487.) Professor Rose, as an experienced malaria research scientist, knew of course that this form of malaria is not a dangerous one and that no complications are to be expected from it. (Rose 50, Rose Ex. 49.) The witness Vieweg (Tr. pp. 457-458) also expressly stated that none of the prisoners died of malaria, but that the cause of death could be traced back to technical errors [Kunstfehler] or to complications, as, for example, faulty puncture of the liver resulting in hemorrhage due to omission of an operation and an overdose of pyramidon in therapy, outbreak of typhus among the experimental subjects and finally, wrong doses in the treatment with salvarsan. Just in passing it should also be mentioned here that the defendant Rose also opposed this last-mentioned method of treatment. This method was prohibited in the German Luftwaffe at his suggestion. (NO-922, Pros. Ex. 435.)

No further explanation is necessary to show that solely the person carrying out the experiments is responsible for technical errors and negligence in the process. It seems to me that not even his superiors who ordered the work, namely Himmler and Grawitz, were responsible for them. However, a person assigned to supervise these experiments would have been obliged to take action whenever he was informed of such technical errors or negligence. The defendant Rose, however, was neither assigned to supervise nor was he informed of these matters. It is also unfair to assume that he knew about these matters, because he happened to take part in the conference on freezing experiments which took place in Nuernberg in October 1942. Firstly, the freezing experiments carried out by Professor Holzloehner, although also taking place on Dachau, were in no way connected with the malaria experiments carried out by Professor Schilling. Furthermore, the participants of the conference were misinformed about the method employed in these experiments and about the status of the experimental subjects. (Handloser 37, Handloser Ex. 18; German Tr., 12 Dec. 46, p. 315.)

Now, to be sure, it is known that Holzloehner’s, Rascher’s, and Finke’s freezing experiments were carried out in Dachau. That, however, was certainly not made public at the above-mentioned Nuernberg conference. Even if one of the participants suspected that experiments at a concentration camp were concerned, he would not have had the slightest reason to suppose that the concentration camp in question was Dachau.

Schilling’s reports about his work were always sent to Himmler or Grawitz but never went any further. That also explains why no reports about Schilling’s experiments were found in the confiscated files of the defendant Rose. (Tr. pp. 5566, 6021; German Tr., 13 Dec. 46, pp. 466-7; German Tr., 26 Mar. 47, p. 5106; German Tr., 2 Apr. 47, pp. 5420-1.)

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 (Rose 47, Rose Ex. 35), as shown by the investigation undertaken by the competent American authorities. He risked his own life (Rose 8, Rose Ex. 29) in order to assure the orderly handing-over of his Malaria Research Institute in Pfaffenrode to the Americans—in contrast to Dachau, without burning files and the like, and also to insure continued regular care and medical treatment for his patients. (Rose 31, Rose Ex. 36; Rose 32, Rose Ex. 37; Rose 33, Rose Ex. 38; Rose 34, Rose Ex. 39.) 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 influence.

d. Evidence

Prosecution Documents

Doc. No. Pros. Ex. No. Description of Document Page

NO-856 125 Extracts from the review of the 289 proceedings of the general military court in the case of the United States vs. Weiss, Ruppert, et al., held at Dachau, Germany.

Defense Documents

Doc. No. Def. Ex. No. Description of Document Page

Rose Document 11 Rose Ex. 27 Extracts from report of Professor 298 Dr. E. Gildemeister concerning the activities of the Robert Koch Institute—Reich institute for the fight against infectious diseases. Rose Document 47 Rose Ex. 35 Affidavit of Professor Dr. Hans 300 Luxenburger, 24 March 1947, concerning Rose’s interest in therapeutical malaria treatments. Rose Document 50 Rose Ex. 49 Extract from the affidavit of 302 Professor Dr. Ernst Georg Nauck, M. D., Hamburg 4, Bernhard-Nocht-Institute for nautical and tropical diseases.

Testimony

Extracts from the testimony of prosecution witness August H. 303 Vieweg Extracts from the testimony of defendant Rose 308

PARTIAL TRANSLATION OF DOCUMENT NO-856 PROSECUTION EXHIBIT 125

EXTRACTS FROM THE REVIEW OF THE PROCEEDINGS OF THE GENERAL MILITARY COURT IN THE CASE OF THE UNITED STATES VS. WEISS, RUPPERT, ET AL., HELD AT DACHAU, GERMANY

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A series of experiments concerning the treatment of malaria were conducted under the supervision of the accused, Dr. Schilling (R 157).[34] Three hundred to four hundred persons died as a result (R 204, 206). The facts elicited with respect to these experiments are set out in detail infra in connection with Dr. Schilling.

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B. The common design at the Kaufering Branch Camps of Dachau

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C. The Individual Defendants

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15. Dr. Claus Karl Schilling. A special experimental station had been set aside in the hospital for the performance of malaria experiments under the supervision of the accused Dr. Schilling (R 191, 157, 482). Schilling performed his research for the purpose of determining immunization for and treatment of malaria (R 192). Requests for prisoners were made by Schilling (R 159-160). One such request which was admitted into evidence, stated that Polish prisoners were requested (R 160, Pros. Ex. 38).[35] A list of inmates was prepared in the camp physician’s office, the inmates being of all nationalities which were represented in the camp, and was sent to the labor office which made a copy of the list (R 284, 285, 287, Pros. Ex. 47, 48, 157). There the list was confirmed by the Schutzhaftlagerfuehrer who sometimes made a few changes in the list (R 285). These lists appeared about once every month since about 1943 (R 285). None of the 1,200 selectees ever consented or volunteered (R 160-161). Priests were often selected for these experiments (R 356, 353). An inmate, a priest named Father Koch, related his experience in that connection (R 356). He was first X-rayed and then sent to the malaria station (R 356-357, 353, 215). 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 (R 358). That occurred every day for one week (R 358, 363). Every afternoon another box of mosquitoes was put in between his legs while he was in bed (R 358, 363). Each morning a blood smear was taken from his ear and his temperature was measured each day and night (R 358, 364). He was given quinine (R 358, 364). In about 17 days he left the hospital (R 359, 364). After being released from the hospital he had to report back every Saturday (R 360, 364). Eight months later he had an attack of malaria, which recurred precisely every 3 weeks for 6 months (R 359, 363, 364, 365). The symptoms he felt were high fever, chills, and pains in the joints (R 359). Koch did not volunteer for the experiments nor did the other prisoners who were mostly Poles and Russians, who underwent the treatment with him (R 356, 362).

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 (R 157). After having contracted malaria the prisoners were treated in different ways (R 157). Some, as Father Koch, were given quinine (R 358). Others were given neosalvarsan, pyramidon, antipyrin, a drug numbered 92516, and several combinations of these (R 157). Some people died as a result of these experiments (R 158). Schilling was present when autopsies were performed on some of those persons (R 158). Whenever anyone died who had been injected with malaria, a report of that death was made to the accused Schilling and the chief doctor (R 158). Some of the victims died from the intoxication of neosalvarsan and pyramidon, for many individuals could not withstand large doses of these drugs (R 159). From the autopsy it could be determined that a patient died of neosalvarsan since the reactions were similar to arsenic (R 193, 194). In the beginning of 1944 three deaths resulted from the use of pyramidon (R 194). These people were brought directly from the malaria ward to the autopsy room (R 197). 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 (R 394-395, 405). They had been sent to the general ward so that the official cause of death which would be stated would not be malaria (R 405). Pyramidon has a toxic on the blood corpuscles which causes them to disintegrate (R 195). Malaria was the direct cause of 30 deaths and as a result of complications, 300 to 400 more died (R 196, 197). People who had died directly from malaria had come straight from the malaria ward while the 300 to 400 others had undergone the malaria experiment (R 204). These people who had been subjected to malaria may later have died of tuberculosis, pneumonia, or dysentery (R 196). Some of the patients whom Dr. Schilling used had had tuberculosis before undergoing the experiments (R 11). Fever type diseases have adverse effects on tuberculosis (R 211). An index of the malaria diseased people was kept in the hospital office (R 198).

Schilling received various visitors such as Dr. Rabbit, who was a Reich SS physician at Oranienberg (R 192).

A pretrial affidavit of the accused Schilling executed in his own handwriting on 30 October 1945 before 2d Lieutenant Werner Conn was admitted into evidence (R 827, Pros. Ex. 122). This statement reads in pertinent part and in translation as follows:

“My name is Professor Dr. Claus Schilling. I have already worked on tropical diseases for 45 years. I came to the experimental station in Dachau in February 1942. I judge that I inoculated between 900 and 1,000 prisoners. Those were mostly inoculations for protection. These people, however, were not volunteers. The inmates whom I gave protective inoculations were not examined by me but by the current camp doctor. Before the inoculation there was usually an observation of several days. The last camp doctor was Dr. Hintermayer. As well as I can remember, in 3 years there were 49 patients who died outside the malaria station. The patients were always released by me as cured only after 1 year.

“As remedy I used quinine, atabrine, and neosalvarsan. I know for sure of six cases where I used pyramidon tablets to hold down the fever (Pros. Ex. 122).”

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V. Evidence for the Defense.

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15. Doctor Claus Karl Schilling

The accused Doctor Schilling elected to testify and made the following unsworn statement: He was 74 years old, married, had one son, and was a physician. He had specialized in tropical diseases, particularly malaria, since 1898 (R 1490, 1500). Dr. Schilling studied under Professor Koch of Berlin, and graduated from Munich as a physician in 1894 (R 1894). He did research work in Africa on malaria, sleeping sickness, and tsetse fly diseases (R 1497, 1498). Dr. Schilling worked for the Rockefeller Foundation in Berlin, receiving a grant in 1911 for the study of various diseases and for a trip to Rome (R 1499, 1500, Def. Ex. 19).[36] In December 1941 in Italy Dr. Schilling met Dr. Conti, the Reich physician leader, who invited him to see Himmler (R 1500, 1501, 1508). Schilling went to Himmler who gave him the order to continue his studies at Dachau (R 1502). Schilling had selected Dachau because it was near his birthplace (R 1568-1569). The question of using prisoners for experiments was not discussed (R 1502). In January 1942, Schilling went to Dachau (R 1502). Schilling only accepted this commission at Dachau because the League of Nations, of which he was a member, told him of the importance of curing the seventeen million known cases of malaria. He believed it was his duty to humanity (R 1540). He never became a member of the SS or the Nazi Party (R 1503). He was a “free, independent, research man.” (R 1568.)

Dr. Schilling infected thousands of prisoners with malaria “Benign Tertian” which is not fatal (R 1503). 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 (R 1503). Dr. Schilling used mosquitoes and blood transfusions to infect the patients and received patients already infected (R 1503, 1504). The patients were divided into groups and were constantly watched, one group for the purpose of keeping up the strain and another for immunization purposes (R 1505-1506). The latter were injected repeatedly to step up their immunity (R 1506). Schilling re-infected about 400 to 500 patients and used quinine, atabrine, and neosalvarsan, and a dye No. 2516 which made the patients immune; to prove this he had to test by infecting them again (R 1507).

Dr. Schilling could not work with animals because they are not receptive to malaria and men are used throughout the world (R 1507). He assumed that Admiral Stipp and Mark Boyd, two malaria authorities, used humans in their experiments (R 1508). Infected malaria has been used to cure paralysis (R 1508).

Only about four or five of the patients refused to be immunized, but they consented after Schilling explained the importance of the work (R 1509). The selections of the patients were made as follows: Berlin allowed him thirty patients a month and he would requisition them through the camp physician from the commandant who contacted the labor leader (R 1510). The latter selected healthy prisoners and Schilling’s assistants chose the final names and sent them to Berlin, where the selection was approved (R 1509, 1510). These patients were carefully inspected and could not be refused by Schilling by order of Himmler (R 1511).

The doses of neosalvarsan were 1.54 grams and at no time failed (R 1512). He used pyramidon to lower the body temperature although the drug has a bad effect on the blood corpuscles (R 1513, 1514). He used this drug only in 15 cases and found that two grams were not harmful. This was important so the body could react without fever (R 1515). Nobody died from pyramidon (R 1515). Malaria has been used to cure syphilis and neosalvarsan can destroy parasites in a fever (R 1515).

Dr. Schilling never dealt with Dr. Blaha on any autopsies involving neosalvarsan poisoning. Discharged patients were told to report back if they felt sick (R 1516). Periodic checks were made of them and any patient was received back if there was sign of relapse (R 1517). If Schilling was asked to resume his work, he would do so only on volunteers (R 1518).

Dr. Schilling was withdrawn as a witness, at this point, but resumed the stand later and testified as follows: In death through neosalvarsan all organs are affected (R 1536). Blood cells may die, but nothing like this happened in his cases (R 1536, 1537). It is impossible to determine death by malaria by a mere autopsy without a microscope, especially where there may be other complications (R 1537). Pyramidon is rarely the cause of death (R 1537).

Out of the 100 people infected by Dr. Schilling with malaria, not a single one of them died of uncomplicated malaria (R 1538).

Weight of the patients during experiments increased. Additional food was given and people suffering from contagious disease would be isolated (R 1539). Dr. Schilling never stated the wrong cause of death (R 1539).

Dr. Schilling stated he couldn’t experiment on himself because he had had malaria in 1933 and men like him cannot be reinfected in most cases although malaria is a recurring disease (R 1541). If there is chronic malaria, the heart muscles will suffer as in all chronic diseases (R 1543). Malaria will increase the watery substance in the blood and the brain will suffer under chronic malaria (R 1544). Chronic malaria will weaken the body to make it susceptible to other diseases and one may die of another disease while having malaria (R 1546). Schilling had SS doctors helping him and examined all patients personally and supervised the records (R 1546). Schilling recognized Prosecution Exhibit 131 which stated that 19 cases were treated with pyramidon, three of whom died (R 1547). He declared these patients were suffering from typhus and were removed from the ward (R 1547, 1548).

Although there was a typhus epidemic in November 1944 and he knew that people were dying, he continued his experiments (R 1550). Everyone who was inoculated remained at the station (R 1550). One patient was injected three times and later died of typhus (R 1551). He was given neosalvarsan, atabrine, and quinine. Pyramidon doses of three grams per day for five successive days were given. Dr. Blaha did not inform Schilling of the deaths due to pyramidon poisoning. If Schilling had been notified he would have stopped the experiment. An Italian named Calveroni was infected with blood and might have gotten typhus (R 1556).

If a man is suffering from malnutrition, a big dose of neosalvarsan is not advisable (R 1557). If it would save his life, Schilling would give it to him (R 1557). It depended on the physical condition of the man and of what he was suffering; yet, Schilling gave the drug to Father Wicki who only weighed 50 kilos (R 1558), but Schilling says that Wicki was not a severe case (R 1559). Schilling gave 3 grams of neosalvarsan in 5 days, which was the largest dose he ever gave over that period of time. He does not remember giving drugs to sufferers of dysentery (R 1562).

Schilling did not remember specific cases where he did not use caution (R 1566, 1567). He recalled the priest Stachowski who died, but doesn’t remember he died from neosalvarsan (R 1567, 1568).

Dr. Schilling was not under the control of the SS (R 1568). He heard rumors about beatings, but did not concern himself with “things that were not my business” (R 1569). All his records had been burned (R 1570). Schilling denied all accusations against him other than what he admitted as part of his duty (R 1572, 1573). 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 (R 1574).

Mrs. Hubner, who knew Professor Schilling for 30 years, stated that she often saw him in Italy and in Germany and has known him to be of good reputation and of good veracity (R 1519, 1520, 1521). He told her his only aim was to help cure malaria (R 1522). She believed his intentions at Dachau were good (R 1523).

Frau Durck, the wife of a university professor of anatomical pathology who was interested in malaria research, knew Professor Schilling since 1924 (R 1525, 1526). Schilling was always regarded in his field as a serious scientist (R 1527). She knew what he was doing at Dachau but her husband would not have done it (R 1527).

Dr. Eisenberger, a lawyer for 52 years, knew Dr. Schilling for 30 years (R 1527). He considered Schilling highly respectable and reliable, and said Schilling was seeking to benefit science and would never do anything wrong (R 1528).

Heinrich Stoehr, a male nurse at Dachau, testified it was known that Schilling worked on orders from Himmler (R 1608, 1609). The camp physician’s and Schilling’s assistants examined the patients prior to experimentation (R 1609). Dr. Brachtel, an SS doctor and assistant to Schilling, also performed atabrine experiments (R 1610). If a patient had a relapse from malaria, he was treated by Dr. Schilling (R 1611, 1612). Others were given quinine by some of the hospital staff (R 1611, 1612).

Max Kronenfelder worked in the malaria station under Schilling from February 1941 to June 1943 (R 1614). He knew about a Dr. Brachtel, who also made private experiments on malaria without the knowledge of Dr. Schilling (R 1615). Kronenfelder took blood smears and performed minor details such as cleaning up (R 1616). Brachtel experimented with patients who had tuberculosis, helped by a man named Adam (R 1617). Adam was often in the morgue with Dr. Blaha (R 1618).

Father Rupieper had been subjected to the malaria experiment in August 1942 (R 921). Other priests who were also subjected were Peter Bower, Gustav Spitzick, Amon Burckhardt, Fritz Keller, and Kasinemer Gasimer Rikofsky (R 921).

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VI. Prosecution Rebuttal Evidence. Common Design.

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15. Dr. Claus Karl Schilling. When one of Dr. 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 (R 1712). Toward the end of 1942 Professor Schilling was personally present at the autopsy of a man who died of neosalvarsan and he requested the brain, liver, kidneys, spleen, and a piece of stomach (R 1712, 1731). In that case Dr. Schilling dictated part of the findings with respect to the cause of death (R 1712). When the first three patients died from pyramidon in February 1945, a member from the malaria station and Dr. Hintermayer were present (R 1713, 1723, 1731). Dr. Blaha stated that in his experience as a physician the average patient could receive 3.3 pyramidon a day, and that the largest dose would be 2 grams per day, but that of course assumed that the individual was healthy and strong (R 1713). In Dr. Blaha’s judgment, the prison inmates could not be given more than 1½ to 2 grams for a few days (R 1714). If these people were to receive 3 grams per day for three successive days, signs of poisoning would be revealed (R 1714).

Dr. 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 (R 1725). Death from typhus could be determined by certain indicia without a microscope (R 1725).

Dr. Blaha explained that the ordinary mydol tablet contained 3 pyramidon and that it is sold over the open counter (R 1722). If taken in moderate doses it will not have any ill effects (R 1722).

A leaflet of I. G. Farben, Indiana, which held the neosalvarsan contained the following instructions: “In between the individual infections, spaces of time should be permitted to elapse, from 3 to 7 days.” (Pros. Ex. 134) These were instructions for syphilis (R 1564). In paragraph five in the leaflet it read in part, “such caution in the use of neosalvarsan is recommended for undernourished and severe anaemic patients, tuberculosis, diseases of the lungs, heart, kidneys, liver, and intestines.” (R 1564, 1565.)

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X. Merits and Defense.

* * * * *

15. Dr. Claus Karl Schilling. Dr. Schilling, at the call of Himmler, began conducting his malaria experiments at Dachau in February 1942. He continued these experiments until liberation of the camp. It was undisputed that the inmates whom Dr. Schilling used in his work were not volunteers. Dr. Schilling’s research was performed for the purpose of determining immunization for and treatment of malaria. His requests for inmates were made about every month. These lists were prepared in the camp physician’s office and then sent to the camp commander and labor office. About 1,200 selectees were thus chosen for subjection. Many of them were priests. The number of people who died from the malaria or from the drugs such as pyramidon or neosalvarsan is not known. Certainly some died. It is reasonable to infer that the deaths of many of the inmates from tuberculosis, dysentery, typhus, and other diseases were caused in part by the fact that those people had been subjected to malaria. Although Dr. Schilling’s motive may have been simply and purely a scientific one, his activities exemplified the Nazi scheme which existed at Dachau. The part he played in that scheme is clear.

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XIV. Sentences.

* * * * *

In many respects the accused Schilling was the most reprehensible. He voluntarily came to Dachau fully cognizant of the nature of the work he intended to perform. Being the educated and learned person that he was, Schilling undoubtedly must have realized the manner in which his work suited the needs of the Nazis. Although his personal motives may have stemmed from his desire to aid humanity, 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 system. It is believed that the sentence of the Court, which was aware of Schilling’s position in the scientific world, should be approved.

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XVI. Actions.

A form of action designed to carry the foregoing recommendations into effect, should they meet with your approval, is submitted herewith.

[Signature] Charles E. Cheever [Typed] CHARLES E. CHEEVER Colonel, JAGD, Staff Judge Advocate.

MILITARY GOVERNMENT COURT ORDER ON REVIEW

Order No. 3.

Whereas Martin Gottfried Weiss, Friedrich Wilhelm Ruppert, et al., were convicted of the offenses of Violations of Laws and usages of war in that they acted in pursuance of a common design, did encourage, aid, abet, 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 3, SO 304, Hq., 2 November 1945, at Dachau, Germany and each accused was sentenced to death by hanging except four: Peter Betz who was sentenced to life imprisonment, Hugo Alfred Erwin Lausterer who was sentenced to confinement at hard labor for 10 years, Albin Gretsch who was sentenced to confinement at hard labor for 10 years, and Johann Schoepp who was sentenced to confinement at hard labor for 10 years by judgment dated the 14th day of December 1945, 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 me, I hereby order:

That the findings and the sentence in the cases of Weiss, Ruppert, Jarolin, Trenkle, Niedermeyer, Seuss, Eichberger, Wagner, Kick, Hintermayer, Witteler, Eichelsdorfer, Foerschner, Schilling, Knoll, Boettger, Betz, Endres, Kiern, Rewitz, Welter, Suttrop, Tempel, Lausterer, Becher, Kramer, Filleboeck, Schoettl, Gretsch, Kirsch, Langleist, Lippmann, Degelow, Moll, Schulz, and Wetzel be upheld.

That the sentence imposed in the case of Eisele be reduced to confinement at hard labor for life.

That the sentence imposed in the case of Puhr be reduced to confinement at hard labor for 20 years.

That the sentence imposed in the case of Mahl be reduced to confinement at hard labor for 10 years.

That the sentence imposed in the case of Schoepp be reduced to confinement at hard labor for 5 years,

and for so doing this shall be sufficient warrant.

Dated this 24th day of January 1946.

[Signed] L. K. TRUSCOTT, JR., Lieutenant General, U.S.A. Commanding.

PARTIAL TRANSLATION OF ROSE DOCUMENT 11 ROSE DEFENSE EXHIBIT 27

EXTRACTS FROM REPORT OF PROFESSOR DR. E. GILDEMEISTER CONCERNING THE ACTIVITIES OF THE ROBERT KOCH INSTITUTE—REICH INSTITUTE FOR THE FIGHT AGAINST INFECTIOUS DISEASES

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2. Malaria Research.

a. Cultures of strains. The strain “Greece” of plasmodium vivax was bred in the department by Miss Lange till 31 December 1942, in the 30th continuous passage of man-mosquito-man. The number of infected patients up to that date was 379. The main work concerned the malaria treatment of paralytics and schizophrenics. In addition, however, there were a few therapeutic experiments with other diseases, in cases where the clinics concerned required mosquito bite infections in order to obtain a reliable malaria free from lues. The number of clinics and hospitals obtaining part or all their requirements of therapeutical malaria infection from the department rose to 11. In addition to the strain “Greece”, various other malaria strains were taken into the mosquito passage for comparative experiments; they were, however, not permanently maintained. This considerable amount of incoming clinical material was continuously collected and sorted although it has not yet been used.

In the course of the research two more laboratory infections occurred due to mosquito bites.

The following examinations by Dr. Hoering, Professor Rose, and Dr. Emmel were made possible by the maintenance of the anopheles colony and the malaria breed.

b. Parasite straining. Dr. Hoering continued her work on the improvement of the microscopic presentation of malaria parasites. Despite certain improvements of the microscopic picture it was not possible to develop a procedure easily applicable in practice and superior to the established methods.

c. Artificial feeding and artificial infection of anopheles. Dr. Hoering continued to develop the methods of artificial blood feeding of anopheles, evolved by Dr. Olzscha. In this artificial feeding the anopheles would not take citrated blood even though sugar had been added. Blood haemolized with water and saturated with sugar was taken, as well as liquid blood, although the addition of sugar was preferred. Artificial feeding of blood is biologically not altogether equal to natural feeding. The duration of life was almost the same with artificial feeding as with the normal feeding of the animal. However, females which were merely artificially fed, only laid eggs in exceptional cases.

It is known that with anopheles which suck blood from the animal, the blood enters the duodenum without previously entering the sucking stomach, while other nutritious matter first reaches the sucking and reserve stomachs. It was previously assumed that the nature of the food, especially the number of cells, acted as indicative irritation. Dr. Hoering’s experiments with artificial blood nutrition showed this assumption to be wrong. Sweetened as well as unsweetened blood, which is used for artificial feeding, first enters into the reserve stomachs in the same way as a sugar solution. Further experiments proved that the piercing of a membrane also causes no indicative irritation.

After the method of the artificial feeding with blood had been developed, Dr. Hoering carried out experiments with the feeding of infected blood containing malaria. Finally, it was possible to infect anopheles by artificial feeding of blood, so that normally developed sporozoites grew inside them. This is the first time that such an experiment was successfully carried through.

d. Conservation of malaria parasites. Professor Rose had the experiments continued concerning the conservation of malaria parasites in liquids suitable for the conservation of blood. Even after 150 days malaria parasites could be demonstrated morphologically in individual cases. However, attempt at infection with such blood did not succeed. The continuation and repetition of these experiments are planned.

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 beings. The fact that an infection could be achieved in human beings with 90-day-old parasites proves that these preserved parasites did not lose their development and multiplying properties. The assumption of such dormant forms in the human being would offer new explanations for malaria relapses after long intervals of recovery. 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 cases.

e. The appearance of anopheles in the Warthegau. Dr. Olzscha investigated the appearance of anopheles in 221 hamlets, villages, and scattered settlements of the Warthegau. Anopheles were found practically everywhere. The investigation of 600 individual clusters proved beyond doubt that except in a few cases where a definite determination was not possible, they belonged to the genus of messaeae of anopheles maculipennis. Only in one case were A. m. artroparvus found.

* * * * *

h. Malaria treatment. Professor Rose in cooperation with Obermedizinalrat Dr. Sagel, director of the Country Mental Institution in Arnsdorf-Saxony, and Dr. Mertens, Dr. Koenig, and Dr. Peters, Leverkusen, tested the efficacy of new synthetic remedies against mosquito sting malaria. The best method of administering a new and proved preparation was developed.

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PARTIAL TRANSLATION OF ROSE DOCUMENT 47 ROSE DEFENSE EXHIBIT 35

AFFIDAVIT OF PROFESSOR DR. HANS LUXENBURGER, 24 MARCH 1947, CONCERNING ROSE’S INTEREST IN THERAPEUTICAL MALARIA TREATMENTS

I, Professor Dr. med. Hans Otto Luxenburger, born on 12 June 1894 in Schweinfurt, residing in Munich, 22 Liebigstrasse 35/II, have been informed that I will be liable to punishment if I make a false affidavit. I declare under oath that my statement is true and was made in order to be submitted in evidence to Military Tribunal No. 1 at the Palace of Justice, Nuernberg, Germany.

Being a psychiatrist myself, 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 research. 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 research. On the contrary, he always showed definite interest in the related psychiatric-therapeutic questions. Contrary to the opinion formerly advocated by Wagner-Jauregg, he hoped to attain more thorough and permanent success in treatment by infection with mosquitoes as advocated by him (Rose) instead of the formerly customary blood transfusion, because in his opinion endothelia infection was also attained thereby.

He also was particularly interested in the question of finding a benign tropical strain and employing it in treatment, in order to carry out thorough and long fever treatments on cases of paralysis relapse; this is generally unsuccessful when employing the usual tertiana strains in cases of relapse.

He was especially interested in the possibility of therapeutic influence upon schizophrenia. In the well-known psychiatrist Dr. Sagel, he had a co-worker who advocated the opinion that schizophrenia, apart from its hereditary basis, must be caused by an additional external impairment, and he suspected that these causes lay in infectious diseases, especially rheumatic infections. Working from this assumption, he hoped for success with this disease similar to that with paralysis. This idea was not a new one. Similar experiments were conducted earlier. Rose was especially encouraged in this work by some impressive isolated successes in quite hopeless cases of schizophrenia. I can recall his joy as he told me, apart from other, cases, of a woman who was about to be divorced, after the head of the institution had declared her condition, which had existed for more than 3 years, to be incurable. In this case Rose’s treatment, according to his report, 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 marriage.

Munich, 24 March 1947

[Signed] PROF. DR. HANS LUXENBURGER

The above signature of Professor Dr. med. Hans Otto Luxenburger, residing in Munich, 22 Liebigstrasse 35/II, given before me, Notary, Theobald Petri, Administrator, is herewith certified and attested.

Munich, 24 March 1947.

[Signed] Petri, Notary (Theobald Petri), Notary Administrator of the Notary’s Office, Munich XVII Seal

I certify that the above document is a true and correct copy. Nuernberg, 10 April 1947.

[Signature] Dr. HANS FRITZ (Dr. Hans Fritz) Defense Counsel

PARTIAL TRANSLATION OF ROSE DOCUMENT 50 ROSE DEFENSE EXHIBIT 49

EXTRACT FROM THE AFFIDAVIT OF PROFESSOR DR. ERNST GEORG NAUCK, M. D., HAMBURG 4, BERNHARD-NOCHT-INSTITUTE FOR NAUTICAL AND TROPICAL DISEASES

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Experimental infections of human beings with malaria tertiana (mild tertian malaria) have proved to be harmless and have very frequently been carried out on voluntary experimental subjects. It is well known that artificial infection with tertiana is also carried out as a cure against other diseases (paralysis, rabies). If the artificial infection is carried out carefully and under medical supervision, death or permanent damage to health should not occur. If the experiment with malaria tertiana, as carried out by Claus Schilling, was carried out with the same care, no danger to the experimental persons should have been entailed. Since Claus Schilling was a prominent scientist of international fame, it must be assumed that he carried out his investigations with the intention or the knowledge not to harm human life. This we find confirmed in the following:

1. Stitt’s diagnosis, Prevention and Treatment of Tropical Diseases, by Richard P. Strong, 7th edition, London, H. K. Lewis & Co., Ltd., 1945, page 59:

“The question of the occurrence of immunity in malaria has been extensively studied in recent years, not only from the epidemiologic standpoint but from experimental inoculations which have been carried on in both men and animals. However, 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 mosquitoes, many factors regarding the virulence or number of the parasites inoculated, the species and conditions of infectivity of the mosquitoes, the temperature at which they have been kept, and other factors, must be taken into consideration in drawing conclusions with regard to the susceptibility of individuals to infection. Much of the work is still in the experimental stage, though some definite progress has recently been made.”

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EXTRACTS FROM THE TESTIMONY OF PROSECUTION WITNESS AUGUST H. VIEWEG[37]

DIRECT EXAMINATION

* * * * *

MR. HARDY: While you were an inmate at the concentration camp, did you ever undergo any medical experiments?

WITNESS VIEWEG: I was used for malaria experiments by Professor Dachfinney at the Dachau concentration camp.

Q. How many times were you subjected to the malaria experiments by Dr. Schilling?

A. On five occasions I received injections of 5 cubic centimeters of highly infectious malaria blood.

Q. Would you kindly tell the Tribunal what effect these experiments had on you; that is, did you have high fever, serious illness, and so forth?

A. Quite often I ran a very high temperature. I got into a very exhausted condition, and after the injection I received large doses of medical drugs, quinine, ephedrine, and many others. I was in bed for weeks, and after one treatment there were 20 to 26 occasions in the course of the years 1943, 1944, 1945, and 1946, when I had malaria attacks, so that for a long time I was unable to work.

Q. At the present time, do you have recurrences of this malaria fever?

A. This last year I was in the hospital from August 1st to 15th, again with malaria attacks.

Q. How many recurrences of malaria have you endured since you were experimented on by Dr. Schilling?

A. After my treatments in the experimental station had been concluded I stayed with Dr. Schilling, and there were 20 occasions when I was treated for recurrences.

Q. Are you completely cured now, Witness?

A. No.

Q. After you had undergone the various experiments at the hands of Dr. Schilling, did you then become a worker in Dr. Schilling’s laboratory?

A. After my first so-called immunization treatment had been concluded, the chief medical officer of that department sent me over to Dr. Schilling’s department for laboratory duties.

Q. On what date did you assume those duties?

A. I am afraid I can’t tell you that exactly, but it must have been on or about August 1942.

Q. What were your duties in Dr. Schilling’s experimental station?

A. In Dr. Schilling’s department I was in charge of animals. In other words, I cultivated animals, white mice, and canaries; in fact, I was in charge of that department.

Q. Did you have any other or additional duties, such as file clerk or typist, Witness?

A. For a certain period, I substituted for the clerk and I was in direct contact with Dr. Schilling on various occasions. I had a certain amount of business with the chemistry department, purchases from Dachau, and I was also in charge of the detachment which had to search the water near Dachau for anopheles mosquitoes.

Q. While with Dr. Schilling, did you have the opportunity to read any of Dr. Schilling’s correspondence?

A. I had frequent occasions to see the reports which Dr. Schilling sent in every 3 months, and sometimes I saw the answers which Dr. Schilling received from Berlin, as well as from some other chemical manufacturers.

Q. Witness, can you recall to whom those reports were sent, in Berlin?

A. These quarterly reports, which Dr. Schilling used to prepare, went to the SS Obergruppenfuehrer Dr. Grawitz, Reich Medical Officer.

Q. You have referred to the fact, today, that you saw some of the answers Dr. Schilling received from Berlin; who was the originator of those letters that Dr. Schilling received from Berlin?

A. As far as I can recollect, these replies were sent to Professor Schilling by Dr. Grawitz.

Q. Do you know where Dr. Schilling received his material to be used in this research, that is, infected blood for the malaria experiments, fly eggs, and so forth?

A. I can remember that Dr. Schilling received malaria fly eggs, so-called eggs from which he bred other flies, from Duesseldorf; they came from an insane asylum, but I can’t remember the name, and some from the Medical Institute at Rome that used to receive eggs. In fact, his material used to come from Berlin. According to my memory, it came from Professor Rose, and also from Athens; but I am afraid I cannot recollect the name there.

Q. Do you know whether Professor Rose had any correspondence with Dr. Schilling?

A. I remember that in connection with previous breeding attempts we were not too successful, and subsequently I saw a number of letters given to a stenographer by Dr. Schilling. They were addressed to Professor Rose. He was making certain explanations in them regarding certain types of insects, in connection with which my name was used. I am certain it went to Berlin and I am certain that answers were received on numerous occasions.

Q. Did Dr. Schilling ever send any reports of these experiments to Professor Rose, to your knowledge?

A. Whether he sent reports about malaria patients, I don’t know. At any rate, as far as these fly-breeding experiments are concerned, he had sent reports. I know that for certain.

* * * * *

Q. Witness, we will go back to the malaria experiments for the moment. What was the nationality of the people used for the malaria experiments, what type of people were they?

A. The biggest proportion, approximately two hundred patients, used for the malaria experiments were Germans, a large proportion were Polish priests, and the rest were partly Russians, some Yugoslavs, and some Poles.

Q. Were any prisoners of war used in these experiments?

A. Of the Russians, many were prisoners of war.

Q. What was the total number of people used in these malaria experiments from your knowledge?

A. According to my knowledge, 1,084 experimental subjects were used for the malaria experiments.

Q. Will you kindly tell us, Witness, how many of these subjects used in the malaria experiments died as a result of the experiments?

A. According to my knowledge seven or eight died at the malaria station, either directly or because of the treatment with drugs. I can describe the details if you like. The first case was an Austrian who afterwards became ill because of these malaria experiments. The assistant at that time, Dr. Brachtel, who was at the same time the deputy physician at the hospital, made a liver puncture and the patient bled to death.

Q. Witness, then you state from your knowledge that seven or eight died from the experiments. Of that number who died, did the deaths occur in the malaria station itself?

A. This was the number of dead who were not transferred by us to another department, but who died at our station or a few hours after they had been transferred to another station.

Q. 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 on? That is, did some others die after they were experimented on?

A. Of our patients, during the years after they came to us for observation, I can recollect that another 60 patients died. I cannot say for certain they died of malaria or other results of the experiments.

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CROSS-EXAMINATION

DR. FRITZ: I have a few questions to ask the witness. Witness, on Friday you seemed to be fairly well acquainted with certain malaria questions, obviously on the basis of knowledge gained with Professor Schilling. I would now like to ask you the following questions concerning some very important details: During your examination by the prosecuting counsel you spoke of certain regrettable incidents. A number of deaths had occurred during the course of the malaria experiments conducted by Professor Schilling. At the time you mentioned about seven cases, but you only described one in detail. The patient had yellow fever in addition to malaria and then bled to death because the liver was punctured. I now ask you to tell me something about the reasons for the other six deaths.

WITNESS VIEWEG: The other six patients were the so-called “medicament death” cases. One patient died as a result of the salvarsan drug. The other one died as a result of the so-called “periphery” experiment, and the last four died as the result of a pyramidon experiment.

Q. Were the patients who, after being released from the station of Schilling, suffered relapses sent back to Professor Schilling’s station?

A. If they reported back to us, they were taken back to the station.

Q. In that case did any patients die in Professor Schilling’s department who later on had malaria or relapses?

A. Patients who were in danger of death were transferred to another station.

Q. Do you remember whether malaria tertiana is a fatal illness?

A. As far as I know nobody with us died of malaria tertiana. The deaths were a result of the secondary diseases which appeared because of the drugs used in the malaria experiments.

Q. Did Professor Schilling say anything to you about these fatal cases which were under his responsibility and observation, and if so, what?

A. The first two cases, the patient who died as a result of the punctured liver and the one who died because of the salvarsan injection, Dr. Schilling regretted very deeply. He tried to prevent such happenings as much as possible. In the last four cases, concerning the pyramidon experiment, he was told that the patients were in a very bad condition. Nevertheless, he insisted that they continue to receive the pyramidon drugs—I think it was 3 grams per day—and when these patients arrived at the delirium stage, they were transferred from our ward shortly before their death.

Q. And now something else. On Friday you testified that Dachau received anopheles from Dr. Rose’s institute and that there was an exchange of correspondence about the difficulties you had in breeding these eggs. Do you know where Dr. Rose worked, in which institute?

A. I think these letters were addressed to the Robert Koch Institute in Berlin.

Q. Do you know from this correspondence whether these replies came from Dr. Rose personally or from his assistant?

A. That I cannot state from memory. I recall one reply from a lady who was in charge of the breeding of these eggs in Berlin.

Q. That was probably an assistant who had worked with Rose for many years?

A. Yes, but I think Professor Schilling first turned to Professor Rose, and probably the replies primarily came from Professor Rose.

Q. Can you remember the name of the lady?

A. No.

Q. Do you know with whom Dr. Schilling had dealings and correspondence in addition to Dr. Grawitz and Dr. Rose?

A. I cannot remember. I know that he corresponded with an institution in Duesseldorf called Graefenrad or something like that, and he requested the breeding of these eggs there, and they sent us flies, live flies.

Q. Did you have the name “Rose” in mind, or did you only recall his name when you were first examined?

A. No. The name “Rose” remained in my recollection because I, myself, was infected with the malaria called “Rose”. He had these various immunization groups, the so-called malaria stock, which had various different names, and I was with a group which was infected with a so-called Rose Culture.

Q. You have testified before that you received eggs from Rome. You could not however remember the name. Was it perhaps Professor Vissireli, Dr. Rosni, or Dr. Raphaeli?

A. I think it was Vissireli.

Q. Did you also receive these eggs from Hamburg?

A. We received no eggs from the Tropical Institute in Hamburg, but Professor Schilling corresponded with that Institute.

Q. Can you remember in which year you received these eggs from the Robert Koch Institute, or rather from Professor Rose?

A. It was in the summer of 1942.

Q. You have told us about a number of these flies which you had to breed in the vicinity of Dachau. Were you present?

A. There was one special detachment for this purpose, including an SS man and one or two inmates. That was in the swamps surrounding Dachau during the summer months. Various water tests were made, and according to the degree of heat of the swamps, Dr. Schilling ordered the waters to be infected with a mixture of pig food. This special detachment went around the cellars of the Dachau camp during the winter months and worked on that matter. Our laboratories then examined these anopheles flies, and used them for breeding purposes.

Q. Can you state anything about the quantities caught?

A. It varied in the winter—sometimes they brought 10, sometimes 30 to 50, and sometimes 60.

Q. Did your department in Dachau deliver any such eggs to other departments?

A. We delivered such eggs on one occasion, but I cannot remember where.

Q. I now come to the question of malaria culture. From where did Professor Schilling receive his malaria cultures?

A. I cannot say exactly. I know that he received malaria cultures from Essen and from Berlin. But this was in February 1942, when I had not yet arrived at the ward. I remember we had 12 different malaria cultures. I know that Professor Schilling used one, and another man used one—I think his name was Flugg—in order to give one such culture the name of “Flugg.”

EXTRACTS FROM THE TESTIMONY OF DEFENDANT ROSE[38]

CROSS-EXAMINATION

* * * * *

MR. MCHANEY: Let’s go back to the malaria experiments. What contact did you have with Schilling in 1941?

DEFENDANT ROSE: During my direct examination I testified that in 1941 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 Interior; then, either at the end of 1941 or the beginning of 1942, I gave an opinion, a written opinion, on an application which Professor Schilling had sent to State Secretary Conti, or rather to the Reich Ministry of the Interior. Then I saw Professor Schilling personally in 1941. I am not certain whether he was in Germany again at that time, but I can’t deny it with certainty under oath, because after all that was 6 years ago.

Q. Did you supply him with any material while he was working in Italy?

A. No, nothing.

Q. Who was Fraeulein von Falkenberg?

A. You mean Fraeulein von Falkenhayn?

Q. No, I mean Fraeulein von Falkenberg.

A. I don’t know any Fraeulein von Falkenberg.

Q. You are sure you didn’t supply Schilling with any material in 1941?

A. I cannot remember it. It might have been done by my department without my knowledge. Then, of course, I would take the responsibility for it, but I did not learn of it until now. My assistants did not tell me anything about it, if it happened. If you can prove it happened, I shall, of course, assume responsibility for it, even if it was done without my knowledge.

Q. Well, it is not terribly important, but let us let you have a look at Document NO-1756. In the meantime, when did this incident occur about your giving material to Schilling, after he had set up his institute at Dachau?

A. I beg your pardon, I didn’t understand your question.

Q. When did you give Schilling material, after he had gone to Dachau?

A. I cannot give any information about that myself. I have to depend on the testimony of my assistant, von Falkenhayn, and my secretary, Block. My secretary, Block, testified here that it was the end of 1941, but I would assume that she is mistaken about that, since Fraeulein von Falkenhayn testified that this material was given in the year 1942. I think the latter is more likely.

Q. Document NO-1756 will be marked as Prosecution Exhibit 486 for identification.

Q. Isn’t there a Fraeulein von Falkenberg mentioned in this letter of yours to Schilling, dated 3 February 1941?

A. No. In the German copy of the document which you showed to me, it says Fraeulein von Falkenhayn.

Q. That is a mistake then in the English translation.

A. Fraeulein von Falkenhayn was an assistant in my department. She had formerly worked for Professor Schilling. There is an affidavit from her. Since I have this letter I can give you some information about the matter. Professor Schilling wanted to have a serological reaction in malaria, the so-called Henry reaction; that is a reaction which is carried out for the purpose of malaria diagnosis. As in the antigen reaction, in this reaction also the spleen of dead persons is used. Professor Schilling apparently wrote to me to find out whether I, as head of the tropical medical department, was in a position to obtain a spleen from a corpse where the patient had died of malaria. I answered saying that such material would hardly be available in Berlin. Malaria was very rare in Berlin and consequently deaths from malaria were also very rare. The only cases of this type occurred in insane asylums, in the treatment of paralytics. It is well known that the first work of Wagner-Jauregg shows that in the course of malaria treatment paralysis deaths occur, just as death occurs following operations, and such malaria deaths, of course, occurred in Berlin insane asylums. As far as I can remember the matter, my assistants contacted various pathological institutes in Berlin and asked that if such an autopsy should occur there, the spleen should be preserved so that it could be sent to Professor Schilling. This was what this letter was about.

Q. Did you ever supply any to him?

A. As far as I can recall, in the course of several months, one or two such cases occurred and the material was sent to Schilling, but I cannot say for certain today.

Q. Well, you are now qualifying at least the answer you gave to my earlier question as to whether you gave him any material in 1941; isn’t that right?

A. I beg your pardon. I didn’t understand the question.

Q. I say you now wish to qualify the answer you gave me a few moments ago, before you saw the letter, to the effect that you had not given him any material in 1941. You now, after having seen the letter, state you did in fact give him some.

A. Yes. I am sorry. My attention was entirely devoted to the question of the malaria parasite strains and mosquitoes. I did not think of negotiations between Schilling and the pathological institute in Berlin.

Q. Let’s go back to what we were discussing. You stated that although Frau Block said that the malaria eggs were supplied to Schilling in the latter part of 1941, you think probably it was 1942?

A. Yes. That is what I said. Perhaps I may correct myself. When you speak of malaria eggs you mean anopheles eggs probably. There are no malaria eggs.

Q. Yes, that is right.

A. I am inclined to agree that von Falkenhayn and Block think differently. I think that von Falkenhayn was right and that it was in 1942.

Q. Did you know anything about this before it was sent?

A. I cannot remember it. I don’t believe so. As far as I remember I was informed of it by Fraeulein von Falkenhayn, after I had been given a letter from Professor Schilling that the mosquitoes were thriving in Dachau.

Q. Did you thereafter issue orders that no more material was to be sent to Schilling; is that right?

A. I did not issue a precise order. I said that since we ourselves were using so many mosquitoes I didn’t want any more material to be sent to Mr. Schilling because I was not convinced of the scientific value of his work. But Fraeulein von Falkenhayn in her testimony says that there was further correspondence with Fraeulein Lange. I have not been able to find this correspondence and I can’t clear up the question completely. I have to rely fully on my assistant in this respect and I can’t answer from my own knowledge. In our first conversation on the subject when I told you that Schilling got anopheles eggs from us, which you didn’t know at the time, I did not tell you that he got a malaria strain from my department. I didn’t know that at the time. I learned it only a short time ago from Fraeulein von Falkenhayn. That was not in the affidavit. Apparently she was afraid of some objections and sent a letter to that effect to my lawyer. I am not so timid. I am not afraid to tell you about it.

Q. In other words you did supply a Rose strain to Schilling?

A. No. As I said on direct examination, the Rose strain could not come from my department because we didn’t have any strain with the name Rose. Where this strain with the name Rose comes from is a puzzle to me. I don’t know of any Rose strain in malaria literature. But I don’t think there is any point in quarreling about this name. The information given by Fraeulein von Falkenhayn, which I believe fully, that a malaria strain was sent—that is quite sufficient—no matter whether it is called Rose or some other name.

Q. Your witness, Frau Block, testified you had no correspondence with Schilling in 1942 and 1943, as I recall. Is that right?

A. That is what Frau Block said. I myself would not have been so definite in my testimony if you asked me the same question. I would say I can’t answer that question definitely. I only know one thing, that I never corresponded with Professor Schilling on the subject of his work. Whether Schilling and I ever exchanged letters in those years I don’t know, since I don’t have my files. Concerning any information about such infrequent correspondence and whether he wrote a certain letter 5 or 6 years ago, he says, “I would like to look that up in my files.” Unfortunately I cannot do so but perhaps you would be kind enough, if you have copies of such a letter, to make it available to me. You have my files and they are much more easily available to you than to me. For example, I am trying to find my malaria opinion from the year 1941. That was in the same filing cabinet from which you got the record of the typhus meeting on 29 December 1941 in the Ministry of the Interior.

Q. You overestimate the prosecution, Herr Professor, but we needn’t dwell on that. Now, is your memory good enough to tell us how long you continued to furnish Schilling with material for his Dachau experiments? You say that somewhere along in 1942 you told them not to send any more. Are you clear about it?

A. Yes, I think I can remember reliably.

Q. Well, when did this malaria strain go down?

* * * * *

A. I don’t know. Fraeulein von Falkenhayn merely told me that the malaria strain was given to Schilling. I don’t know when. She didn’t mention that in her letter to Dr. Fritz.

Q. Let’s look at Document NO-1752. This will be marked as Prosecution Exhibit 487 for identification. Suppose you read the letter aloud, Professor?

A. “Prof. Claus Schilling

“Dachau, 4 April 1942 “3 K, Hospital for Inmates

“To Prof. Dr. Rose “Berlin, Fohrerstrasse 2 “Robert Koch Institute

“Dear Colleague:

“I inoculated a person intracutaneously with sporocoides from the salivary glands of a female anopheles you sent me. For the second inoculation I do not have the sporocoides material because I do not possess the Strain Rose in the anopheles yet. If you could find it possible to send me a few anopheles infected with Strain Rose during the next few days (in the last consignment 2 out of 10 mosquitoes were infected), I would be able to continue this experiment and I would naturally be very grateful to you for this new support of my work.

“The mosquito breeding and the experiments are proceeding satisfactorily; I am working now on six tertiary strains. I remain with hearty greetings and

“Heil Hitler! “Yours truly “[Signed] CLAUS SCHILLING”

Q. Schilling apparently thought there was a “Strain Rose.”

A. Yes. That is indicated by the letter. That clears up the matter. He must have renamed this strain which came from my department and called it Rose. That is very unusual. Normally a malariologist would not do that.

Q. Are those your initials on the bottom of this letter, “L. g. RO 17/4”?

A. Yes, that indicates that 13 days after the letter was mailed, 12 days after it arrived at the Robert Koch Institute, I saw it. There is also the file note “Settled EVF.” That is Erna von Falkenhayn on 17 April 1942. I find that in spite of my instructions to the department, Fraeulein von Falkenhayn still sent mosquitoes to her old chief although she denies it now; but I should like to emphasize that, of course, I am responsible for what Fraeulein von Falkenhayn did even if she did not tell me about it.

Q. Well, you saw the letter of 17 April 1942. Did you reaffirm your instructions that no more material was to be sent to Schilling?

A. I cannot tell you now. That is quite possible. It is not even certain that I was in the Robert Koch Institute when I saw the letter. It is much more likely that Frau Block brought this letter to my home where such things were generally settled. And, from the fact that it had been dealt with 10 days before, you can see that such letters were opened by my secretary.

Q. 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 years.

Did you ever send Schilling any atroparvus eggs?

A. Yes. Those are a type of anopheles eggs which he got from us. As a type of anopheles I had anopheles eggs maculipenis atroparvus in my laboratory.

Q. Suppose I put Document NO-1753 to you. This will be marked as Prosecution Exhibit 488 for identification. This is another letter from Schilling. This one is dated a year later—5 July 1943, acknowledging, “with appreciation the receipt of your letter of 30 June and the consignment of atroparvus eggs.”

I would also like to direct your attention, Professor, to the last paragraph of the letter where it says: “Please give Fraeulein Lange, who apparently takes care of her breed with greater skill and better success than the prisoner August, my best thanks for her troubles.”

Do you remember the Christian name of the witness Vieweg?

A. No, I am sorry I do not remember the name of this man.

Q. If you search the record I think you will find his forename was August.

Now, Doctor, apparently they completely ignored your orders of the year previous not to send any more material to Schilling. Apparently you had a change of heart yourself. Isn’t that right?

A. 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 ourselves. It did not mean that I had any misgivings about the way in which Schilling was carrying out his work. It is quite possible that when we again had plenty of mosquito eggs we gave some to Schilling again. I am in a very difficult position. It is difficult for me to testify anything from memory. You see here again that this matter was apparently dealt with by Fraeulein Lange and Schilling himself wrote to me again.

Q. Well, I didn’t read it that way, Professor. The first line acknowledges your letter of June 30th.

A. Well, then it’s possible that I wrote to Schilling.

Q. Frau Block suffered from bad memory about your correspondence with Schilling in 1943 as well as 1942, didn’t she?

A. Yes, I am rather astonished because one would assume that a secretary remembers such things better, but it is, of course, possible to make mistakes if one doesn’t have access to the files. I have told you that I cannot testify with any certainty to the details of such correspondence because I had too much correspondence.

Q. Well, isn’t it possible you supplied material to him in 1944?

A. I consider that quite impossible. We have the testimony of Fraeulein von Falkenhayn that the department for fever therapy never gave them any material and, at that time, I no longer had an office in Berlin. However, I must again rely on Fraeulein von Falkenhayn’s testimony. I myself was at Pfaffenrode once a month at the most, and I called up once or twice over long distance.

Q. I put in Document NO-1755. This will be marked “Prosecution Exhibit 489” for identification. This is a reply from you to Schilling, dated 27 July 1943. This letter speaks about shipping eggs to Schilling, doesn’t it?

A. Yes, apparently. There must have been plenty of mosquito eggs, so that we could give up some of them.

Q. There wasn’t as big a shortage as you thought; is that right?

DR. FRITZ: Mr. President, I ask that the photostat be shown to the defendant Rose. It is not impossible that it was written by an assistant and initialed “R.” I know the signature of Professor Rose, and I think the “R” looks a little different. Perhaps he might be shown the photostat.

PRESIDING JUDGE BEALS: Let the photostat be shown to the witness.

DEFENDANT ROSE: I must say I do not understand this signature at all. When I signed a letter I signed my name, but I don’t think it’s very important.

* * * * *

-----

[34] All “R” references in Document NO-856 are to pages of the Record of the case of the United States vs. Weiss, Ruppert, et al.

[35] “Pros. Ex.” references in this document are to prosecution exhibits in the case of the United States vs. Weiss, Ruppert, et al.

[36] “Def. Ex.” references in this document are to defense exhibits in the case of the United States vs. Weiss, Ruppert, et al.

[37] Complete testimony is recorded in mimeographed transcript, 13 and 16 December 1946, pp. 418-468.

[38] Complete testimony is recorded in mimeographed transcript, 24, 25 April 1947, pp. 6410-6484.

4. LOST (MUSTARD) GAS EXPERIMENTS

a. Introduction

The defendants Karl Brandt, Handloser, Rostock, Gebhardt, Blome, Rudolf Brandt, and Sievers were charged with special responsibility for and participation in criminal conduct involving mustard gas experiment (indictment, par. 6 (D)). On this charge the defendants Karl Brandt, Rudolf Brandt, and Sievers were convicted and the defendants Handloser, Rostock, Gebhardt, and Blome were acquitted.

The prosecution’s summation of the evidence on the Lost (mustard) gas experiments is contained in its final briefs against the defendants Karl Brandt and Sievers. Extracts from these briefs are set forth below on pages 315 to 324. 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 Sievers. It appears below on pages 324 to 334. This argumentation is followed by selection from the evidence on pages 336 to 354.

b. Selections from the Argumentation of the Prosecution

_EXTRACT FROM THE CLOSING BRIEF AGAINST DEFENDANT KARL BRANDT_

* * * * *

Gas Experiments

The treatment of wounds caused by chemical warfare agents was of considerable interest to military medical circles of Germany. On 1 March 1944, the Fuehrer gave Karl Brandt broad powers in the field of chemical warfare. (NO-012, Pros. Ex. 270.) The decree itself is not available, but there is no dispute that Brandt’s jurisdiction extended to pharmaceutical products to treat gas wounds. So much he admits. (Tr. p. 2629.) This necessarily involved a determination of the most effective method of treatment. 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 (NO-012, Pros. Ex. 270) were forwarded to Grawitz and Sievers who had previously worked on this problem. (NO-013a, Pros. Ex. 271; NO-013b Pros. Ex. 272.)

In any event, on 31 March 1944, Sievers reported to Brandt about the research activities of Hirt. (NO-015, Pros. Ex. 275.) Hirt had been experimenting on inmates of the Natzweiler concentration camp since November 1942. (NO-098, Pros. Ex. 263.) For a detailed description of Hirt’s experiments, see the brief against Sievers (p. 318 ff). Brandt admitted that Sievers gave him the written report by Hirt, which was introduced as Prosecution Exhibit 268 (NO-099) and that this report shows on its face that experiments on human beings were performed by him. (Tr. p. 2626.) It is significant to note that the report speaks of heavy, medium, and light wounds caused by Lost. Moreover, Brandt admitted he talked to Hirt in Strasbourg in April after the meeting with Sievers. (Tr. p. 2610.) Approximately 220 inmates of Russian, Polish, Czech, and German nationality were experimented on with gas, of whom about 50 died. They did not volunteer. (Tr. pp. 1052, 1057.) Hirt continued his gas experiments at Natzweiler during the summer of 1944. (Tr. p. 1058.) His gas research was classified “urgent” by Rostock in August 1944. (NO-692, Pros. Ex. 457.)

In addition to his participation in the gas experiments of Hirt, Karl Brandt personally furthered the criminal experimentation of Otto Bickenbach. Brandt testified that the gas experiments of Bickenbach came to his attention in the fall of 1943 on the occasion of a visit to Strasbourg to see a cyclotron; that later he helped him to arrange a laboratory; that he assisted him in obtaining experimental animals; that Bickenbach did not conduct experiments on human beings; that he helped him in 1944 after he had established this laboratory. (Tr. pp. 2619, 2620.)

The Sievers’ diary for 1944 contains the following entry under 2 February:

“Met Professor Bickenbach in Karlsruhe and he advises that he has put his research work under the control of General Commissioner Professor Dr. Brandt.

“Discussion with SS Hauptsturmfuehrer Hirt: 1. Professor Dr. Bickenbach, without instructions from Hirt and Professor Stein, contacted General Commissioner Professor Dr. Brandt concerning the phosgene experiments that were [and was] in Natzweiler with him. Commission is to be withdrawn; for our part Natzweiler is to be closed.” (3546-PS, Pros. Ex. 123.)

Phosgene is a chemical warfare agent. (Tr. p. 2630.) Brandt admits he was in Natzweiler, but insists that only animal experiments were conducted. This is in direct contradiction to statements contained in an official war crimes report of the Government of the Netherlands. (NO-1063, Pros. Ex. 328.) Josef Kramer, former camp commander at Natzweiler, also stated that Bickenbach experimented on prisoners. (NO-807, Pros. Ex. 185.)

Brandt testified that he later assisted Bickenbach in establishing a laboratory in Fort Franzeky, which is near Strasbourg, and that he saw animal experiments there. (Tr. p. 2630.) Bickenbach was a professor at the University of Strasbourg with Hirt and Haagen. (Tr. p. 2631.)

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 40 Russian prisoners of war, but that four of the subjects were killed as a result. (NO-1852, Pros. Ex. 456.) This document completely destroys the credibility of the defendant Brandt.

These reports on the phosgene experiments are designated top military secret and are numbered 2, 3, 4, 5, 6, and 7. They are all addressed to Plenipotentiary General Brandt. These reports obviously cover the same series of experiments which culminated in experiments on 40 prisoners detailed in the 7th report. They were found in the apartment of Professor Bickenbach by French authorities. The purpose of these experiments was to determine the effectiveness of a drug called hexamethylentetramine against phosgene poisoning. Certain preliminary studies are detailed in the 4th report, dated 11 August 1944, and mention is made of tests carried out on a “nervous Russian prisoner of war, who could not be calmed down because of language difficulties * * *”.

The 7th report, which is undated, concerns experiments carried out shortly after 11 August 1944 (the date of the 4th report) as Strasbourg was overrun by the Allies a few months later. These experiments were performed on “40 prisoners on the prophylactic effect of hexamethylentetramine in cases of phosgene poisoning. Twelve of those were protected orally, twenty intravenously and eight were used as controls.” On the basis of the 4th report, it can only be concluded that the 40 prisoners referred to were Russian prisoners of war. The experimental subjects are further described as being “persons of middle age, almost all in a weak and underfed condition. On principle, the healthier ones were used as controls, only control number 39 (J. Rei) and the orally protected experimental subject No. 37 (A. Rei) had a localized cirrhotic productive tuberculosis of the lungs. With the others, no pulmonary disease could be found.” (1852-PS, Pros. Ex. 456.)

The experimental persons were subjected to phosgene poisoning with resulting death to no less than four subjects. (Tr. p. 3404.) Other subjects suffered severe lung oedema.

Defense counsel for Karl Brandt urged the possibility that this report was not received by him. Assuming arguendo that the report was not mailed to Brandt, and, if received, not read, the fact remains that the experiments were performed by Bickenbach and his collaborators, whose work was directly controlled by Brandt. (Supra.) Were there no other evidence on this point, the circumstances of the report having been addressed to Karl Brandt are sufficient proof of his responsibility. Moreover, the research of both Bickenbach and Hirt was classified urgent by Brandt’s Office for Science and Research under Rostock. (NO-692, Pros. Ex. 457.)

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 31 March 1945 concerning experiments at the Neuengamme concentration camp. (NO-154, Pros. Ex. 446.) Water decontamination experiments were carried out there on inmates. The report states that the “third series of experiments was carried out with an agent of the Lost group, the asphyxiating gas Lost; in accordance with the suggestion made by Oberstarzt Dr. Wirth at the conference on 4 December 1944 with Reich Commissioner Brandt.”

_EXTRACT FROM THE CLOSING BRIEF AGAINST DEFENDANT SIEVERS_

* * * * *

Lost (Mustard) Gas Experiments

From the winter of 1942 until the summer of 1944, experiments to determine the most effective treatment for wounds caused by Lost (mustard) gas were conducted in the Natzweiler concentration camp under the supervision of Professor Hirt of the Reich University of Strasbourg. The experiments were ordered by Himmler and the Luftwaffe, and sponsored by the Reich Research Council. The Ahnenerbe Society and the defendant Sievers supported this research on behalf of the SS. (492-PS, Pros. Ex. 267.) The arrangement for the payment of the research subsidies of the Ahnenerbe was made by Sievers. (NO-3819, Pros. Ex. 550.)

The defendant Sievers participated in these experiments by actively collaborating with the defendants Karl Brandt and Rudolf Brandt, and with Hirt and his principal assistant, Dr. Wimmer.

The record shows that Sievers was in correspondence with Hirt at least as early as 1942, and that he established contact between Himmler and Hirt. (NO-791, Pros. Ex. 256; NO-792, Pros. Ex. 257.)

On 9 April 1942 Sievers wrote to Hirt that Himmler wanted detailed information from Hirt on his Lost experiments. Sievers went on to say:

“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 Dachau. Could you not some day write a brief secret report for the Reich Leader SS on your Lost experiments?

“But you should by no means go to Berlin for the time being, especially since the Reich Leader SS is staying permanently at the Fuehrer’s Headquarters. I, therefore, intend to pay you a visit at Strasbourg as soon as possible. But perhaps it would be easier for you to come to Munich, 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 Dachau.” (NO-793, Pros. Ex. 258.)

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 attention. This is also proved by the fact that on 9 February 1942, he had already submitted to the defendant Rudolf Brandt, Hirt’s report concerning the creation of a skeleton collection and research in the field of intravital microscopy. The latter experimentation involved the effect of Lost on the living tissue. (NO-085, Pros. Ex. 175.) Brandt informed Himmler about Hirt’s report on 27 February, and directed Sievers to report again on Hirt’s work. (NO-090, Pros. Ex. 176.) It was thus Sievers’ report on Hirt’s research activities which prompted Himmler to take an interest in Hirt’s Lost experiments.

On 27 June 1942 Sievers forwarded to the defendant Rudolf Brandt the information of Hirt concerning the use of mustard gas on combatting rats. In this letter he mentioned that he would have another conference with Hirt on this subject. According to Sievers, Hirt had voiced his expert opinion that Lost even “in a dilution of 1-100 is dangerous for man if it contacts the body in an adequate amount.” (NO-794, Pros. Ex. 259.) It was Sievers who forwarded on 2 June 1942 Hirt’s report on his experiments in treating gas wounds by vitamins. In his covering letter to this report, Sievers informed the defendant Rudolf Brandt that he was to meet Hirt “in order to discuss with him a more intensive application, continuation, and promotion of his research work”. In the report itself, Hirt stated that he had not been able to conduct experiments with Lost gas on human beings because of the offensive against France, but suggested such experiments particularly in order to determine the protective effect of vitamin treatment. (NO-097, Pros. Ex. 260.)

In a memorandum of 26 June 1942 concerning support by the Ahnenerbe of the research work of Hirt on mustard gas, 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 experiments. He proposed appointing Hirt as an active member of the new institute as chief of Department H (Hirt). He also stated that Rascher, who was then performing high-altitude experiments in collaboration with Ruff and Romberg, should be appointed as chief of Department R (Rascher). 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 alone. (NO-2210, Pros. Ex. 483.)

As a result of this suggestion by the defendant Sievers, Himmler directed the establishment of the Institute for Military Scientific Research within the Ahnenerbe in July 1942. In his letter to Sievers, Himmler requested that the new institute “support in every possible way the research carried out by SS Hauptsturmfuehrer Professor Dr. Hirt and promote all corresponding research and undertakings; to make available the required apparatus, equipment, accessories and assistants, or to procure them * * *.” (NO-422, Pros. Ex. 33.)

Sievers proceeded to make all the necessary arrangements for carrying out the Lost gas experiments in the Natzweiler concentration camp. On 27 August 1942 in a letter to Gluecks of the WVHA, he stated that in connection with a visit to Hirt in Strasbourg he would like to take Hirt with him to Natzweiler on 31 August 1942 and he asked Gluecks to make the necessary arrangements with the commander of the camp. (NO-935, Pros. Ex. 481.) In a file note dated 17 September 1942 Sievers stated that the conference mentioned in his letter to Gluecks had been held in Natzweiler on 31 August 1942, and that the working conditions there for the proposed experiments were favorable. Professor Hirt, Stabsarzt Dr. Wimmer, and Dr. Kieselbach would require automobile transport for part of the trip from Strasbourg to Natzweiler in order to perform their work there, and accordingly 20 liters of gasoline would have to be made available to the camp authorities each month. (NO-977, Pros. Ex. 482.) In a letter of 11 September 1942 to Gluecks, Sievers stated that the necessary conditions existed in Natzweiler “for carrying out our military scientific research work * * *”. He requested that Gluecks issue the necessary authorization for Hirt, Wimmer, and Kieselbach to enter Natzweiler, and that provision be made for their accommodation and board. He also stated that:

“The experiments which are to be performed on prisoners are to be carried out in four rooms of an already existing medical barrack. Only slight changes in the construction of the building are required, in particular the installation of the hood which can be produced with very little material. In accordance with attached plan of the construction management at Natzweiler, I request that necessary orders be issued to same to carry out the reconstruction. All the expenses arising out of our activity at Natzweiler will be covered by this office * * *.” (NO-978, Pros. Ex. 480.)

In a memorandum on 3 November 1942 to the defendant Rudolf Brandt, Sievers complained about certain difficulties which had arisen in Natzweiler because of the lack of cooperation from the camp officials. Sievers was particularly outraged by the fact that the camp officials were asking that the experimental prisoners be paid for. He said that:

“When I think of our military research work conducted at the concentration camp Dachau, 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 given. Payment of [for] prisoners was never discussed. It seems as if at Natzweiler they are trying to make as much money as possible out of this matter. We are not conducting these experiments, as a matter of fact, for the sake of some fixed scientific idea, but to be of practical help to the armed forces and beyond that to the German people in a possible emergency.” (NO-098, Pros. Ex. 263.)

Brandt was requested to give his help in a comradely fashion in setting up the necessary conditions at Natzweiler. The defendant Rudolf Brandt replied to this memorandum on 3 December 1942, and told Sievers that he had had occasion to speak to Pohl concerning these difficulties, and that he had reported that they would be remedied. (NO-092, Pros. Ex 180.)

The witness Holl gave in his testimony an accurate and detailed description of the manner in which the Lost gas experiments were carried out. The execution of the experiments was supervised by Hirt in the experimental station Ahnenerbe in the Natzweiler concentration camp. In the middle of October 1942 the preparation for these experiments was finished and the actual experimentation began sometime in October or November, after the experimental subjects were given the same food as the SS guards for approximately 14 days. The first series of experiments was carried out by Hirt on 30 experimental subjects with a liquid gas substance. (Tr. p. 1051.) In spite of the fact that Hirt, before selecting these experimental subjects, 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 experiments, none of the experimental subjects of all the experiments carried out by Hirt volunteered. Political prisoners, Russians, Poles, Czechs, and also some German nationals were among the experimental subjects used. (Tr. p. 1052.)

The first series of experiments was carried out by Hirt and an officer of the Luftwaffe in the following manner: One drop of the liquid was applied to the lower arm of the experimental subject. Approximately 10 hours later burns began to appear and spread over the whole body in every place where drops of the fluid contacted the skin. Some of the experimental subjects became partially blind. The victims of these experiments suffered terrible pain. Photographic pictures of the burns were taken daily. After the fifth or sixth day of the experiment, the first fatality occurred. The corpse of the victim was dissected and the autopsy showed that the greater parts of the lungs and other organs had been destroyed. On the following day, that is, on the seventh day of the experiment, another seven of the experimental subjects died. The remaining 22 were sent to another concentration camp after approximately 2 months when they had recovered sufficiently and became fit for transport. (Tr. pp. 1052-3.) Other experiments on concentration camp inmates of the Natzweiler concentration camp were carried out in the gas chamber approximately 500 meters distant from the camp. The experimental subjects had to enter this gas chamber two by two. They had to smash small ampules which contained the liquid. This liquid evaporated and the experimental subject then had to inhale the resulting vapor. Usually the experimental subjects became unconscious and were returned to the Ahnenerbe station for further observation of the results of the experiments. (Tr. pp. 1053-4.) These results were approximately the same as those observed in the first series. The breathing organs of the experimental subjects were likewise destroyed. Their lungs had been eaten away by the gas. About 150 concentration camp inmates were experimented upon in this manner. (Tr. pp. 1034-5.) Approximately the same percentage as in the first series died as a result of this type of experimentation. (Tr. p. 1056.)

Other Lost gas experiments were carried out by means of injection. These experiments were carried out in a special room adjoining the crematorium. The victims of these experiments died without exception. (Tr. p. 1056.) Another type of experiment was carried out on the experimental subjects, who had to take the liquid orally. As Holl was transferred before Christmas 1943 to an outside camp, he was not able to give information on the results of this type of experiment. (Tr. p. 1056.) He, however, returned once a month to the Natzweiler concentration camp and was therefore able to observe that the Lost gas experiments continued until autumn 1944, when the Natzweiler concentration camp was liberated by the Allies. (Tr. pp. 1057-8.)

From Holl’s testimony it is proved that approximately 220 inmates of Russian, Polish, Czech, and German nationalities were experimented upon with gas by Hirt and his collaborators. About 50 of them died. None of the experimental subjects volunteered. (Tr. pp. 1052, 1057.)

On 7 April 1943, when the Lost experiments were well under way (supra), Himmler ordered an intensification of Lost research. At about this time the progress of Hirt’s Lost research was threatened by the transfer of Hirt’s assistant, Wimmer, a medical officer of the Luftwaffe. Since personnel matters fell within the scope of Sievers’ duties, he wrote to Rudolf Brandt protesting the proposed transfer of Wimmer and stating that if Wimmer left the Institute for Military Scientific Research, the Lost experiments would have to end. Sievers then outlined the proper procedure for securing the future services of Wimmer at the Ahnenerbe Institute. (NO-193, Pros. Ex. 264.)

Again, on 3 November 1943, Sievers, in order to further the Lost experiments and assure their continuation, made a certificate which enabled two of Hirt’s research assistants to obtain increased food rations. Sievers stated that the research activities in which these persons were engaged with Department H (Hirt), Strasbourg, of the Institute for Military Scientific Research of the Ahnenerbe involved health-damaging poisons which had caused injuries to their health. (492-PS, Pros. Ex. 267.)

The evidence clearly indicated that during the entire period covered by the Lost experiments, Hirt was associated with the Ahnenerbe Society. In early 1944 Hirt and Wimmer summarized their findings from the Lost experiments in a report entitled “Proposed Treatment of Poisoning caused by Lost”. The report was described as from the Institute for Military Scientific Research, Department H of the Ahnenerbe, located at the Strasbourg Anatomical Institute. Light, medium, and heavy injuries due to Lost gas are mentioned. Sievers received several copies of this report. (NO-099, Pros. Ex. 268.) On 31 March 1944, after Karl Brandt had received a Fuehrer Decree giving him broad powers in the field of chemical warfare (NO-012, Pros. Ex. 270), Sievers informed Brandt about Hirt’s work and gave him a copy of the report. This is proved by Sievers’ letter to Rudolf Brandt on 11 April 1944. (NO-015, Pros. Ex. 275.) Karl Brandt admitted that the wording of the report made it clear that experiments had been conducted on human beings. (Tr. p. 2626.)

The proof has also shown that in October 1943 the defendant Blome, in his capacity as a Plenipotentiary in the Reich Research Council, issued a research assignment for Hirt in support of his gas experiments. This is proved by the file index card on Blome’s research assignment in the Reich Research Council, where the assignment to Hirt by Blome is listed under SS priority number 0329. (NO-690, Pros. Ex. 120.) Sievers admitted that a Reich research assignment to Hirt “on the behavior of Lost gas in living organisms” was made. (Tr. p. 5817.) He further admitted that at a conference in April 1942, Himmler told him that Hirt should make Lost experiments on human beings other than volunteer military cadets. (Tr. p. 5679.)

Sievers testified that on 25 January 1943, he went to Natzweiler concentration camp and consulted with the camp authorities concerning the arrangements to be made for Hirt’s Lost experiments. These arrangements included the obtaining of laboratories and experimental subjects. (Tr. pp. 5842-43.) Sievers testified that the Lost experiments were harmful. (Tr. p. 5810.) On the visit of 25 January 1943, Sievers saw ten persons who had been subjected to Lost experiments and watched Hirt change the bandages on one of the persons. Sievers said that the experimental subjects told him that they were volunteers and Hirt confirmed this to Sievers. (Tr. p. 5732.) The testimony of Sievers was contradictory as to his knowledge that the Lost experiments caused deaths. Sievers testified that in March 1943 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 causes. (Tr. p. 5733.) On the other hand, Sievers seemed to be referring to Lost experiments when he stated that he knew of one condemned criminal who had died from the experiments. (Tr. p. 5810.) As to the nationality of the experimental subjects, Sievers was of the opinion, in view of their manner of speech, that the test persons were Germans. (Tr. p. 5812.) The proof, however, clearly shows that Sievers already, as early as January 1942, had knowledge that nonvolunteers were to be used for the Lost experiments of Hirt. In his letter of 3 January 1942, Sievers requested Hirt to submit comprehensive research reports to him in order that he might forward them to Himmler. Sievers assured Hirt that Himmler would permit Hirt to conduct experiments of any kind “on prisoners and real criminals who would never be released anyhow and on persons scheduled for execution.” (NO-3629, Pros. Ex. 547.)

Sievers’ diary entries indicate that his primary concern was making the necessary arrangements for the carrying out of the Lost experiments. On 25 January 1943 Sievers visited Natzweiler and consulted with the camp administration; on 28 January 1943 Sievers consulted with Pohl concerning the continuation of the Lost experiments and undoubtedly arranged for the allocation of test persons, although he testified that his conversation related to obtaining space for animals. (Tr. p. 5736.) On 24 and 25 January Sievers received reports from Hirt on Lost experiments and on 17 March 1943 Sievers attended a conference at the Institute for Military Scientific Research where Lost experiments were reported. (NO-538, Pros. Ex. 122.)

c. Selections from the Argumentation of the Defense

_EXTRACT FROM THE CLOSING BRIEF FOR DEFENDANT KARL BRANDT_

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I. Experiments performed. Counsel for the defense does not wish to make a statement in this connection.

II. Order to carry out the experiments. The defendant Karl Brandt is not mentioned in connection with the order to carry out these experiments.

1. Drug F 1001. NO-199, Prosecution Exhibit 253, and NO-198, Prosecution Exhibit 254, show that the order to carry out these experiments in the Sachsenhausen concentration camp was given by Himmler or Reich Physician SS Grawitz in 1939. This is confirmed by the fact that the reports on the concluded experiments were submitted to Grawitz or Himmler.

2. “Lost” experiments. According to NO-098, Prosecution Exhibit 263, the order to Hirt was given on 13 July 1942 as shown in the letter dated 3 November 1942, which contains a research commission of the SS Institute for Applied Military Scientific Research of the Ahnenerbe. According to 492-PS, Prosecution Exhibit 267, the order to carry out experiments was given by Himmler or Goering.

In accordance with Sievers’ testimony (Tr. pp. 5733-34) Himmler, on 8 March 1944, ordered Hirt to carry out human experiments despite the latter’s arguments that only animal experiments could achieve further results. 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 Himmler. NO-085, Prosecution Exhibit 269, contains a preliminary final report made by Hirt of the year 1941; NO-097, Prosecution Exhibit 260, Hirt’s final report of 2 June 1942 to be submitted to the Reich Leader SS; also NO-099, Prosecution Exhibit 268, Hirt’s 1944 proposals for treatment. This is also supported by the correspondence between Sievers and Hirt. NO-793, Prosecution Exhibit 258, reports on a conference with Himmler.

3. N-substance. The order to carry out the experiments was issued by Reich Physician SS Grawitz in connection with Schwab and after Gebhardt, Gluecks, and Panzinger had been heard. Reference is made to an instruction from Hitler and an order from Himmler of 15 May.

III. Reason for and aim of the experiments. Statement of the defendant Karl Brandt. (Tr. p. 2383.)

1. “Lost” and Drug F 1001. Research work on a healing drug for injuries, not poisoning, caused by “Lost”. Experiments of this kind have been carried out by all nations since World War I, England being the leading nation in these experiments on human beings. The general need for experiments on human beings, and only those are relevant here, has been recognized by all nations as a military necessity. (Karl Brandt 106, Karl Brandt Ex. 49; Karl Brandt 107, Karl Brandt Ex. 50.)

The necessity to carry out experiments increased in Germany, particularly during World War II, as all nations were eagerly engaged in the manufacture of “Lost” gas. The need became imperative in 1944 when reliable sources reported that the enemy was getting chemical-warfare agents ready. (Karl Brandt 103, Karl Brandt Ex. 42; Karl Brandt 101, Karl Brandt Ex. 41; Karl Brandt 11, Karl Brandt Ex. 10; Karl Brandt 12, Karl Brandt Ex. 11.)

2. N-substance. Reasons for and aim of the experiments are unknown. N-substance is the name for “normal” substance. It is not a chemical warfare agent but a fuel substance, intended to be used for ignition. This N-substance is not to be mistaken for N-“Lost”, that is, nitrogen-Lost. (Karl Brandt 88, Karl Brandt Ex. 36; Karl Brandt 103, Karl Brandt Ex. 42.)

IV. Participation in the performance of the experiments.

1. Drug F 1001. The experiments were carried out exclusively at SS offices on the orders of the Reich Leader SS. They were performed before the defendant Karl Brandt received his first official appointment.

2. “Lost”. The experiments were made by Hirt and Wimmer in the SS Institute for Military Scientific Research in Strasbourg. According to Sievers’ testimony (Tr. p. 5788) the defendant Karl Brandt did not have any influence on these institutions. The “Lost” chemical warfare agent does not act like gas, but in a dried form injures the skin. Ordinarily, experiments are made by all nations by applying small drops of “Lost” to the skin. They cause injuries to the tissue, which are treated with healing drugs. This procedure is demonstrated in Holl’s testimony. (Tr. p. 1052.)

3. N-substance. Sievers’ testimony (Tr. p. 5738) shows that the experiments were not carried out due to a laboratory experiment of Professor Thyssen and an expert opinion sent to Himmler.

V. The experimental subjects.

A. Number of experimental subjects.

1. Drug F 1001. No statement.

2. “Lost”. The statements made by the witness Holl about the number of persons experimented upon must be treated with caution, since they do not originate with Holl, but were stated by the prosecution and merely confirmed by Holl. The testimony of Nales about experiments cannot refer to “Lost”.

3. N-substance. Since there were no experiments, no statement is made.

B. Consent of the experimental subjects.

1. Drug F 1001. No statement.

2. “Lost”. Sievers’ testimony (Tr. p. 5732) shows that Hirt said that the experimental subjects had volunteered, following a lecture by Hirt. This testimony seems to be quite trustworthy, as it was usual to make similar experiments on officer candidates of the Academy of Military Medicine in Berlin. Testimony of Becker-Freyseng (Tr. p. 8072) as well as testimony of Sievers (Tr. pp. 5730-31); also testimony of the witness Nales (Tr. pp. 10409-10471).

3. N-substance. No experiments, no statement.

C. Type of experimental subjects.

1. F 1001. The documents submitted do not reveal the nature of the experimental subjects, though the year 1939 indicates that in no case were foreigners used.

2. “Lost”. According to Sievers’ testimony, the persons used in the experiments in the Natzweiler concentration camp volunteered, so that the nature of the experimental subjects would appear to be of no significance as a basis for judgment. The testimony of the defendant Rudolf Brandt (NO-372, Pros. Ex. 252) is no basis to judge the true state of affairs, as Rudolf Brandt’s testimony (Tr. pp. 4930-34) shows that he himself never witnessed an experiment and that his statements are conclusions drawn from documents and statements submitted by the interrogators.

3. N-substance. No experiments, no statement.

D. Danger involved for the experimental subjects.

1. Drug F 1001 and “Lost”. The usual forms of the “Lost” experiments, applying a drop to the skin, as described by Holl (Tr. p. 1052) do not entail any danger to life, because the aim is to ascertain the most detailed reactions of the skin towards tiny drops of “Lost”. Experiments with deadly quantities would prevent this being ascertained. The relevant statements of the witness Holl must be due to ignorance of the manner of the experiment. Holl’s statement (Tr. p. 1050 ff.) and the affidavit of Wagner (NO-881, Pros. Ex. 280) also, to a certain degree, contradict each other. Holl, a miner by profession, who was hospital Kapo [inmate trusty] in Natzweiler, makes scientific statements with illustrations, to which one can hardly attach any value. The affidavit of Wagner who, as a scientific designer, held, during the experiments, an elevated position within the inner working circle, is far more reserved. He knows nothing of deaths occurring during “Lost” experiments. His conclusions as to how dangerous the “Lost” experiments were are based on a chart which was most likely intended for a committee. Sievers’ statement (Tr. p. 5732) reports a visit to Wimmer at Strasbourg during which the latter did not mention that there had been any deaths. Hirt also confirms this in March 1943; though he cites two deaths, they had not resulted from “Lost” experiments. The experiments with drug F 1001, too, are “Lost” experiments. The danger involved in the experiments has been described accurately. There are no deaths and health is not impaired permanently. In 23 cases general condition was not impaired. (NO-199, Pros. Ex. 253.) In contrast to this, NO-198, Prosecution Exhibit 254, mentions serious disturbances of the general condition in eight cases. Yet it must be assumed that these disturbances were of a temporary nature and occurred only when the climax of the injury was reached. They did not last throughout the duration of the experiments.

2. N-substance. The experiments were not carried out. Over and above that, NO-005, Prosecution Exhibit 279, discloses that the experiments would, most probably, not result in any permanent bodily harm.

VI. Special responsibility and participation of the defendant Karl Brandt.

1. The defendant Karl Brandt did not issue any order to carry out experiments. Karl Brandt did not have authority to issue orders.

2. The decree of 1 March 1944 concerning defense equipment in chemical warfare has been reconstructed by means of the following affidavits: (Karl Brandt 103, Karl Brandt Ex. 42; Karl Brandt 5, Karl Brandt Ex. 6; Karl Brandt 11, Karl Brandt Ex. 10; Karl Brandt 4, Karl Brandt Ex. 5; Karl Brandt 101, Karl Brandt Ex. 41; Karl Brandt 89, Karl Brandt Ex. 37). They show that this decree does not refer to an authorization to give orders concerning chemical-warfare agents and their research, but that it represents a production order referring to defense equipment in chemical warfare. Document NO-015, Prosecution Exhibit 275, proves that Hirt’s experiments had been completed when the defendant Karl Brandt received, through Sievers, Hirt’s treatment-instructions for injuries caused by “Lost” following the decree of 1 March 1944. The very fact that in this way, for the first time, 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 (see statements on participation in experiments by virtue of contacts with Himmler). (Also Karl Brandt 120, Karl Brandt Ex. 35.) The affidavit of Rudolf Brandt (NO-372, Pros. Ex. 252) is refuted by Karl Brandt 13, Karl Brandt Exhibit 12, as well as statements made by Rudolf Brandt. (Tr. pp. 4930-34.) 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 years. 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 time, and to hide this from the enemy. (Karl Brandt 103, Karl Brandt Ex. 42; Karl Brandt 101, Karl Brandt Ex. 41; Karl Brandt 11, Karl Brandt Ex. 10.)

3. Karl Brandt’s efforts not to experiment on human beings are proved by the fact that he had animal material, i. e., man-like apes, brought from Spain and Africa by the Luftwaffe at great expense. Had he been predominantly inclined to experiment on human beings, to be had free of cost, he would hardly have gone to such expense. (Karl Brandt 12, Karl Brandt Ex. 11.) The exhaustive enumeration of parties engaged on work with N-gas (NO-005, Pros. Ex. 279) proves that the defendant Karl Brandt did not participate. The N-gas problems belong to a very different sphere, as shown by the Documents Karl Brandt 88, Karl Brandt Exhibit 36, and Karl Brandt 103, Karl Brandt Exhibit 42. This is further confirmed by Sievers’ letter to Hirt of 9 April 1942. (NO-793, Pros. Ex. 258.) In it, reference is made to the possibility of advancing experiments by “single possibilities”.

NO-422, Prosecution Exhibit 33, contains an order by Himmler of 7 July 1942 to Sievers and the SS Institute Ahnenerbe to support Hirt’s researches in every possible way.

4. The codefendant Rudolf Brandt does not know the contents of the decree of 1 March 1944, though he distinctly alludes to it in his affidavit, (NO-372, Pros. Ex. 252; Tr. pp. 4941-42.)

_EXTRACT FROM THE CLOSING BRIEF FOR DEFENDANT SIEVERS_

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1. Lost gas experiments were carried out from November 1942 on by Professor Dr. Hirt in the Natzweiler concentration camp.

2. According to the statement of the witness Nales in the session of 30 April 1947, three experimental persons died. Other experimental persons are supposed to have suffered from severe burns.

3. Sievers did not personally participate in these experiments. The prosecution has submitted the following evidence to prove Sievers’ participation in the Lost gas experiments:

Letter of Sievers to Dr. Hirt of 17 January 1942 (_NO-791, Pros. Ex. 256_) concerning experiments with insecticides.

Letter of Dr. Hirt to the Ahnenerbe of 20 January 1942 (NO-792, Pros. Ex. 257) concerning answer to Sievers’ letter.

Sievers’ letter to Dr. Hirt of 9 April 1942 (NO-793, Pros. Ex. 258) concerning Dr. Hirt’s treatises on intravital microscopy and Lost experiments.

Sievers’ letter to Dr. Brandt of 27 August 1942 (NO-794, Pros. Ex. 259) concerning the passing on of a message of Dr. Hirt on the results of Lost experiments.

Letter of the Ahnenerbe to Dr. Brandt of 2 June 1942 (NO-097, Pros. Ex. 260) concerning Dr. Hirt’s report on Lost wounds. Experiments on human beings could not be made as Hirt was at the front.

Note of the Reich Business Manager of 3 November 1942 (NO-098, Pros. Ex. 263).

Letter of the Reich Business Manager of the Ahnenerbe to Dr. R. Brandt of 22 April 1943—concerning release of Staff Physician Dr. Wimmer from the air force so that he can do further work with Dr. Hirt on Lost experiments. (NO-193, Pros. Ex. 264.)

Letter of the personal staff of the Reich Leader SS to Ministerial Councillor Dr. Goernert, of 9 June 1943—concerning Dr. Wimmer’s transfer. (NO-195, Pros. Ex. 266.)

Certificate of the Institute for Military Scientific Research of 8 November 1943—concerning the sending of special rations of food to Dr. Wimmer and Frl. Schmitt. (492-PS, Pros. Ex. 267.)

Proposed treatment of poison-gas injuries through Lost. (NO-099, Pros. Ex. 268.)

Letter of the Reich Business Manager of the Ahnenerbe to Dr. Brandt of 9 February 1942—concerning forwarding Dr. Hirt’s report on his medicinal experiments and a microscope, which enables one to observe a living tissue. (NO-085, Pros. Ex. 269.)

Letter of the personal staff of the Reich Leader SS to the Ahnenerbe of 10 March 1944—concerning the transmission of a Fuehrer Decree of 1 March 1944. (NO-013, Pros. Ex. 272.) The Fuehrer Decree mentioned—of 1 March 1944—has not been submitted.

Letter of the Office “A” to Dr. R. Brandt of 11 April 1944 concerning Sievers’ report to SS Brigadefuehrer Prof. Dr. Brandt on the research work of Dr. Hirt. (NO-015, Pros. Ex. 275.)

Letter of Sievers to SS Brigadefuehrer Gluecks of 11 September 1942 (NO-978, Pros. Ex. 480) concerning military scientific research in connection with the Natzweiler concentration camp.

Letter of Sievers to SS Brigadefuehrer Gluecks of 27 August 1942 concerning military scientific research in connection with the Natzweiler concentration camp. (NO-935, Pros. Ex. 481.)

Sievers’ memorandum concerning the carrying out of military scientific research in the Natzweiler concentration camp of 17 September 1942. (NO-977, Pros. Ex. 482.)

The defense refers to the following evidence:

Lost experiments were carried out at the Military Medical Academy in Berlin. The experimental persons were cadets studying at this Academy. (NO-097, Pros. Ex. 260; Tr. p. 5679; Tr. pp. 8071-72.) Professor Dr. Hirt, later Director of the Anatomical Institute at the University of Strasbourg, took part in carrying out these experiments. (Tr. p. 5731.) Professor Hirt also carried out Lost experiments on himself. (Tr. p. 5733.) Hitler then decreed that experiments were no longer to be carried out on cadets, as they were more important as soldiers. Himmler gave Dr. Hirt orders to carry out a few practical experiments on human beings in addition to his animal experiments. Then on 9 April 1942 Himmler asked Sievers, who in his discussion with him at Easter 1942 had also mentioned the research done by Professor Hirt, to ask the latter in writing to submit a secret report on his Lost experiments. (NO-793, Pros. Ex. 258.) Hirt then gave this report to the Ahnenerbe, from where it was forwarded, with a letter on 2 June 1942 to the personal staff of the Reich Leader SS. (NO-097, Pros. Ex. 260.) The heading of this letter is remarkable: “Report on the Lost experiments carried out by order of the Wehrmacht.” Dr. 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 time. From this report, it is quite clear that experiments on human beings, with the exception of cadets, had not yet been carried out by Hirt. However, Dr. Hirt made a further short report, which the Reich Business Manager of the Ahnenerbe forwarded to the personal staff of the Reich Leader SS on 27 August 1942. (NO-794, Pros. Ex. 259.)

In a letter of 13 July 1942 the Reich Leader SS ordered that Dr. Hirt should carry out the research work assigned to him in the Natzweiler concentration camp. (NO-098, Pros. Ex. 263.) Sievers set out for Natzweiler with Dr. Hirt at the end of August 1942 in order to ascertain whether the prerequisites existed. As is shown in Dr. Hirt’s report of 19 October 1942, nothing had yet happened besides the drafting of Oberscharfuehrer Walbert, the animal-keeper. The extension of the laboratories and stables had not yet begun. And now Dr. Hirt’s report continues:

“We were further informed that prisoners, who are later to be experimented on, would have to be paid by us while they are subjected to the experiment. For the prisoners in the L-experiment we propose that they are put on full diet (guards’ diet), so that the experiments can be carried out under the same conditions as would prevail with the troops in an actual case. To begin with we intend to take 10 prisoners for the experiment.” (NO-098, Pros. Ex. 263.)

As Hirt reported in addition that the assignment of a second physician to the Natzweiler concentration camp would be difficult, Sievers was asked to participate in the efforts to obtain the release of Dr. Wimmer, surgeon captain of the air force, in order to make him assistant to Dr. Hirt, especially as the Reich Leader SS expressly wished that Dr. Wimmer’s transfer should take place as soon as possible. (NO-194, Pros. Ex. 265.)

It was the duty of Sievers to deal with questions of billets, laboratory finance and similar matters. Therefore, in August and September 1942 he wrote to SS Brigadefuehrer Gluecks, who was responsible for the administration of the concentration camps. (NO-935, Pros. Ex. 481; NO-977, Pros. Ex. 482; NO-978, Pros. Ex. 480.) They contain only administrative matters.

How little Sievers knew about concentration camps is seen from Document NO-935. Sievers asks to be sent the exact address of the camp and of the commandant of Natzweiler. This letter is particularly worthy of notice.

As for the question whether and to what extent Sievers had knowledge of the performance of Lost experiments in the Natzweiler concentration camp, the following can be stated:

Ferdinand Holl, witness for the prosecution, when giving evidence on 3 January 1947, said nothing about Sievers’ taking part in any way in the performance of the Lost experiments at the Natzweiler concentration camp. The experimenters were Dr. Hirt and officers of the Luftwaffe. The witness Holl did not mention Sievers at all. If Sievers, who wore SS uniform, had become known at all in connection with the Lost experiments, this witness would certainly have made some such statement, especially as he was dispensary assistant [Revierkapo] and prisoners’ guard in the so-called Ahnenerbe block in the Natzweiler concentration camp. (German Tr. pp. 1051-1059.)

The witness Grandjean too, who was at the Natzweiler concentration camp hospital as medical assistant from April 1944 on, knows nothing of Sievers’ presence at the Natzweiler concentration camp or of any connection between Sievers and the Lost experiments. (Tr. p. 1099 ff.)

Sievers was in Natzweiler concentration camp on 25 January 1943 and also visited the barracks where the experimental persons for the Lost experiments were housed. Dr. Wimmer showed Sievers some of the experimental persons with their forearms in bandages. There were about 10 persons altogether who gave the impression of being quite lively. One of the experimental subjects was just having his bandage changed, and Sievers saw that the place being treated on the arm was covered with a scab. Dr. Wimmer reported nothing about fatal incidents. On the other hand, by questioning the experimental subjects himself, Sievers found that they volunteered for those experiments after a lecture by Professor Hirt. Sievers also learned that from Dr. Hirt himself, 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 release. (German Tr. pp. 5732-33.) The lecture which Hirt had previously delivered to the experimental persons is also confirmed by the witness Holl. (German Tr. pp. 1051-1059.) This was the only visit Sievers paid to the experimental subjects of the Lost experiments. After 25 January 1943 Sievers never went to Natzweiler again. This is already known from his diary entries.

Sievers attached a certain danger to the experiments, but, not being a physician, 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 results. In March 1943 Sievers asked Dr. Hirt whether any experimental subjects had died. Hirt admitted two deaths which, he remarked, however, had no connection with the Lost experiments. (German Tr. pp. 5732-33.)

The statement of the witness Nales, heard in the session of 30 April 1947, deserves special attention. This witness confirmed that the experimental subjects who had reported for the “Burning Experiments” were volunteers. The witness thereby confirmed Sievers’ statement of 10 April 1947. (German Tr. pp. 5732-33.) The witness admitted under cross-examination that Professor Dr. Hirt, as well as the SS camp physician, explained to the experimental subjects the nature of the planned experiments. It may be that the SS camp physician did not precisely state the actual danger of the experiments. But it may certainly be supposed that Dr. Hirt described the nature of the planned experiments more closely in his instructions, which are also confirmed by the witness Holl. Here Sievers had just as little to do with the choice of experimental subjects as in all the other cases. He was present neither at the lecture of the camp physician nor at that of Dr. Hirt. He could and had to rely on what Dr. Hirt told him concerning the question of volunteering.

4. In the case in question, Sievers was again not in a position to give instructions or orders on the carrying out of the Lost experiments. Neither did he do so. In as far as he came into contact with the Lost experiments, he only forwarded correspondence and did subordinate administrative work, which had no decisive or important influence on the experiments carried out by Dr. Hirt.

5. The knowledge that the experiments could exceed certain limits or become inhuman existed neither before they began nor in the course of the experiments.

We still have to examine whether Sievers did not receive, through some report or other, more exact knowledge of the course of the experiments. As a result of the experiments carried out by Dr. Hirt and Dr. Wimmer, the “Proposed Treatment of Poison-Gas Injuries Caused by Lost” was produced. (NO-099, Pros. Ex. 268.) From this report nothing at all is to be learned of the course of the experiments in its effect on the experimental subjects. Since no further report exists, the correctness of Sievers’ statement must be accepted, according to which he knew no more of the Lost experiments than what he had seen and heard himself at Natzweiler. There was nothing in that to make him believe in criminal experiments.

This must also form the basis for the judging of Documents NO-195 and NO-015, Prosecution Exhibits 266 and 275. Sievers could only give information on what he knew. By virtue of his own observation of the information which he had received from Dr. Hirt and the correspondence submitted here, Sievers could only give information on the subject of the experiments carried out by Dr. Hirt and the circumstances under which they were carried out. 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 information. In his letter to Dr. Rudolf Brandt of 11 April 1944, Sievers further stated that on 31 March he had given a report to SS Brigadefuehrer Professor Dr. Brandt on the research work of SS Hauptsturmfuehrer Professor Dr. Hirt. The contents of this so-called report were reproduced by Dr. Karl Brandt in his examination on 4 November 1947. According to that, Sievers only stated that he had been commissioned by order of Himmler to hand over to him the final report on Lost by Dr. Hirt. But Sievers said nothing about being commissioned to discuss the contents with Dr. Karl Brandt. No discussion took place between Dr. Karl Brandt and Sievers on the performance of the experiments. This was the “report” from which the prosecution believes it can draw the conclusion that Sievers had detailed knowledge of the Lost experiments. (German Tr. pp. 2365-66.)

The question still arises, whether Sievers, as a result of the report made by Hirt on 8 March 1944 to the Reich Leader SS, was not aware of deaths in connection with the Lost experiments. Hirt’s report did not disclose anything from which one could conclude that a special endangering of the experimental subjects was involved. Moreover Hirt declared that he could arrive at further results only through experiments on animals. (German Tr. p. 5734.)

Finally, an opinion is expressed in regard to the possible assertion of the prosecution that the application of intravital microscopy constituted a crime against humanity. The intravital microscope used by Dr. Hirt could only be used on animals. (Tr. p. 5734.) Letter from the firm of Zeiss of 13 January 1947. (Sievers 9, Sievers Ex. 10; Tr. p. 5879; Sievers 55, Sievers Ex. 51.) That intravital microscopic experiments were carried out on human beings by Dr. Hirt was not testified to by any of the witnesses and also cannot be seen from any document. If this had been the case, it certainly would have become known to third parties through experimental subjects or records.

6. Sievers had neither the power nor the opportunity to prevent the Lost experiments or to stop them. Sievers could in no way hinder the course of experiments against Himmler’s order.

7. Under these circumstances Sievers could not have become guilty of criminal negligence either.

* * * * *

d. Evidence

Prosecution Documents Pros. Ex. Doc. No. No. Description of Document Page NO-794 259 Letter from Sievers to Rudolf Brandt, 27 336 June 1942, concerning mustard gas and its effect on human beings. NO-098 263 Memorandum from Sievers to Rudolf 337 Brandt, 3 November 1942, concerning research in the Natzweiler concentration camp. NO-193 264 Letter from Sievers to Rudolf Brandt, 22 340 April 1943, regarding prevention of Dr. Wimmer’s to active duty with the air force. NO-099 268 Report by Hirt and Wimmer on the 341 proposed treatment of poisoning caused by Lost gas. NO-005 279 Letter from Grawitz to Himmler, 22 344 November 1944, requesting prisoners for experiments. NO-1852 456 Extract from report on medical 345 experiments addressed to Karl Brandt. NO-978 480 Letter from Sievers to Gluecks, 11 349 September 1942, concerning military scientific research work to be conducted at Natzweiler concentration camp.

Defense Documents Doc. No. Def. Ex. No. Description of Document Page Karl Brandt 12 Karl Brandt Affidavit of Dr. Walther Schieber 350 Ex. 11 on his efforts to purchase experimental animals in Spain and bring them to Germany. Karl Brandt 101 Karl Brandt Affidavit of Dr. Otto Ambros, 21 351 Ex. 41 April 1947, concerning the urgency of experiments in the field of chemical-warfare agents and their countermeasures. Karl Brandt 103 Karl Brandt Affidavit of Dr. Walter Mielenz, 21 352 Ex. 42 April 1947, concerning the assignment of Karl Brandt in connection with chemical warfare.

TRANSLATION OF DOCUMENT NO-794 PROSECUTION EXHIBIT 259

LETTER FROM SIEVERS TO RUDOLF BRANDT, 27 JUNE 1942, CONCERNING MUSTARD GAS AND ITS EFFECT ON HUMAN BEINGS

The Ahnenerbe

The Reich Business Manager

Berlin-Dahlem, 27 June 1942 G/H/6, g/Sch/4, A/1/101 S/wo

To: SS Obersturmbannfuehrer Dr. R. Brandt Personal Staff of the Reich Leader SS Berlin Subject: Use of mustard gas for exterminating rats. Re: Your letter of 13 July 1942—A 19/95/1942

Dear Comrade Brandt!

On request SS Hauptsturmfuehrer Prof. Dr. Hirt, Strasbourg tells me:

“Mustard gas in a dilution of 1:100 is dangerous to human beings if it contacts the body in an adequate amount. Above all, mustard gas is dangerously effective to clothing, as is known, even when greatly diluted, especially in connection with dampness. Mustard gas touching the skin even in a dilution of 1:100 causes reddening, possibly it causes little cysts without effecting necrosis. That is, the effect is much weaker than that of pure mustard gas. In spite of that, coming in contact with the clothes in sufficient quantities, especially in the regions of perspiration as the armpit, or the inguinal region, it can have exactly the same effect as concentrated mustard gas. For this, only a trace of it is frequently sufficient. This I experienced in a laboratory accident with a chemical student, 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 day, however, without further consequences. In my opinion, only a place which can be temporarily evacuated by human inhabitants can be used for gassing. The use of mustard gas in the vicinity of food stores, especially grain dumps, has to be absolutely excluded because one cannot know to what extent the rats carry the mustard gas there. Only gassing of rat holes would be possible with full application of precautionary measures. How this will work out technically, I cannot of course determine. Proper experts would have to judge that. Probably the case may be the same as with other poisons used for the extermination of rats (Phosphor-arsenic, strychnine, etc.)—that means that the use of every type of poison has two sides. In spite of this, your idea to try the extermination of vermin by means of poison gas does not seem strange at all, 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 beings.”

With kind regards Heil Hitler! [Signature] SIEVERS

P. S. I shall talk over this matter thoroughly with Professor Hirt one of these days, and I will see which poison gas expert we might consult for the solution of the problem.

TRANSLATION OF DOCUMENT NO-098 PROSECUTION EXHIBIT 263

MEMORANDUM FROM SIEVERS TO RUDOLF BRANDT, 3 NOVEMBER 1942, CONCERNING RESEARCH IN THE NATZWEILER CONCENTRATION CAMP

The Ahnenerbe Reich Business Manager Berlin-Dahlem, 3 November 1942 S/Wo G/H/6 Personal Staff Reich Leader SS [Filing stamp] File Room Document No. Secret/51/16 [shorthand notation]

Note

Re: Research order SS Hauptsturmfuehrer, Professor Dr. August Hirt, Strasbourg, at the Institute for Military Scientific Research of the Ahnenerbe.

The Reich Leader SS [Himmler] ordered, in his letter of 13 July 1942—Journal number AR/48/7/42—that SS Hauptsturmfuehrer Prof. Dr. Hirt carry out the research tasks assigned him, in conjunction with the Natzweiler concentration camp. It was determined at a conference, for which I drove, along with SS Hauptsturmfuehrer Prof. Dr. Hirt, to Natzweiler on 31 August 1942, that the necessary conditions exist in Natzweiler. I reported on this orally on 9 September 1942, and afterwards in writing on 11 September 1942 to SS Brigadefuehrer Gluecks, who agreed and promised his full support. In view of the urgency of these research tasks, I asked SS Hauptsturmfuehrer Professor Dr. Hirt to go to Natzweiler again because until then no report on the beginning of the work had arrived. SS Hauptsturmfuehrer Prof. Dr. Hirt reported the following, among other things, concerning this conference which took place at Natzweiler on 19 October 1942:

“The conference was due to the fact that until now nothing besides the detachment of Oberscharfuehrer Walbert had been accomplished. Nor had the installation of the laboratories been started to date.

“It has now been decided to start with the laboratories this week.

“It was further established that the camp for security suspects, Schirmeck, would erect the sheds. Its commander fortunately is ready, as he told us at once, to place the necessary people at our disposal free of charge; whereas Natzweiler would not have been in a position to do so owing to the overbearing and inconvenient demands of the workers.

“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 them.

“We are to request that the prisoners of the Lost experiment receive full rations (food for guards) to enable the experiments to be carried out under the same conditions as the troops would be under in a possible emergency. We intend for the time being to take 10 prisoners as subjects for experiments.

“Hauptsturmfuehrer Dr. Blanke said that he was refused the assistance of a second physician in supervising the experiments on patients, so that he probably would not have enough time to concern himself with the experiments.

“The X-ray apparatus which I could procure here has not yet been definitely allocated by Berlin. We must get it immediately, otherwise we may lose it.

“The installation of direct current causes difficulties. One, however, gets the impression that the building operators had not dealt with this problem at all. According to their opinion, a transformer should be procured which is able to transform 220 volts alternating current into direct current. This is most likely quite improbable at this place.

“To equip the laboratory, I would ship the needed things (freezing microtome, incubators, etc.) from the stocks of the Anatomical Institute to Natzweiler during the next week. They remain, of course, the property of the Anatomical Institute. The two prisoners trained in handling the microtome can then be put to work. According to Hauptsturmfuehrer Dr. Blanke, both should be proficient at it.”

On the basis of this report, I have the impression that not too much interest in cooperative work exists at Natzweiler. As such cooperation is ordered by the Reich Leader SS and as SS Brigadefuehrer Gluecks is willing, the whole thing is not understandable to me. I was very much surprised by the fact that the prisoners to be used for experiments should be paid for. If we use only 10 prisoners for one experiment, which might under certain circumstances last 10 months, the cost for the prisoners alone would total approximately 4,000 RM. When I think of our military research work conducted at the concentration camp Dachau, 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 given. Payment of [for] prisoners was never discussed. It seems as if at Natzweiler they are trying to make as much money as possible out of this matter. We are not conducting these experiments, as a matter of fact, for the sake of some fixed scientific idea, but to be of practical help to the armed forces and beyond that to the German people in a possible emergency. The budget of the institute will be met, according to the order of the Reich Leader of the SS and as already discussed by me in detail with SS Standartenfuehrer Loerner, out of the funds of the Waffen SS.

Under the supposition that the prisoners needed for experiments are in the prescribed condition as regards nourishment by this time, the experiments could start approximately on 10 November 1942.

Special treatment in Dachau was never the subject of special instructions but was understood to be necessary and issued without further ado. On the occasion of his personal inspection of the experiments at Dachau, the Reich Leader SS also ordered special food as an additional measure. Just as the Reich Leader SS appeared one day at Dachau to have a look at the experiments there, this is possible at Natzweiler too.

[Signature] SIEVERS SS Obersturmbannfuehrer

1. To SS Obersturmbannfuehrer Dr. R. 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 Natzweiler.

2. Documents.

[Initials] SI

TRANSLATION OF DOCUMENT NO-193 PROSECUTION EXHIBIT 264

LETTER FROM SIEVERS TO RUDOLF BRANDT, 22 APRIL 1943, REGARDING PREVENTION OF DR. WIMMER’S TRANSFER TO ACTIVE DUTY WITH THE AIR FORCE

Copy

Ahnenerbe Society

The Reich Business Manager

Berlin-Dahlem, 22 April 43 G/H/6 S/No Note [Handwritten] Some information on W. is also in the files of Prof. Hirt Diary No. 41/8/43 G. Mue. To: SS Obersturmbannfuehrer Dr. R. Brandt Personal Staff Reich Leader SS Berlin SW 11, Prinz Albrecht Str. 8.

Subject: Dr. med. habil. Karl Wimmer, born on 24 October 1910, staff physician of the Luftwaffe, commanded by Air Gau Physician 7, Munich, for service with the Anatomical Institute of Strasbourg University. Co-worker at the Institute for Military Scientific Research of the Ahnenerbe Society, Department SS Hauptsturmfuehrer Dr. Hirt, Strasbourg. Re: Your letter of 10.42. No. AR/48/7/42. Our letter of 25.7.42.

Dear Comrade Brandt!

Effective immediately, Dr. Wimmer has been transferred to the XIth Fliegerkorps [subordinate operational Command of an Air Fleet], and according to information given by the Air Gau Medical Department 7 was to report today to Oberstabsarzt Dr. Jaeger, Berlin-Tempelhof, Manfred von Richthofenstr. 6./II. As Jaeger is going to be absent until 27 April, Dr. Wimmer will have to wait for a decision, until that date. The transfer of Dr. Wimmer means discontinuance of the gas experiments at Natzweiler and Strasbourg, as—

1. Replacement cannot be supplied due to the specialized knowledge necessary.

2. The practical knowledge gained by Dr. Wimmer through an extensive series of experiments can only be used by him.

3. On Dr. Wimmer’s leaving, SS Hauptsturmfueherer Prof. Dr. Hirt will have to take over his lectures and as he, considering his state of health, is already more than overworked, he can no longer go on with research work.

Interim report on experiment results up to now will follow next week to be submitted to the Reich Leader SS. The intensification of experiments and research, as well as the continuation of the work at all, as ordered by the Reich Leader SS on the basis of our discussion on 7 April, is out of the question, if the small staff of co-workers at the disposal of Prof. Dr. Hirt, especially Dr. Wimmer, is withdrawn. The problems to be solved constantly demand scientists with long years of experience and specialized knowledge. Dr. Wimmer would now be employed only as an army doctor, which is totally uneconomical considering his knowledge and abilities, as his services as an army doctor will never be of vital importance as regards the war, while this may well be said of his scientific activities. 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 Luftwaffe, without concluding a definite agreement. I request immediate steps for this to be remedied; the best would be to order Dr. Wimmer to the Waffen SS at least until 31.13.43 [sic] and if necessary the Reichsarzt SS should send an army doctor in his place to the Luftwaffe for the time Dr. Wimmer is assigned to the Waffen SS.

With best regards Heil Hitler! Yours [Signed] SIEVERS [typewritten]

TRANSLATION OF DOCUMENT NO-099 PROSECUTION EXHIBIT 268

REPORT BY HIRT AND WIMMER ON THE PROPOSED TREATMENT OF POISONING CAUSED BY LOST GAS

Top Secret

[Handwritten] Enclosure of Top Secret Z. I. A. H. No. 36 G. Tgb. S. 19, No. 170

From the Institute for Military Scientific Research Department H of the Research and Instruction Society Ahnenerbe (Reich Leader SS Personal Staff, Office “A”) Strasbourg, Anatomical Institute.

Proposed treatment of poisoning caused by Lost [Gas]

(By Professor Dr. A. Hirt, and Staff Surgeon of the Luftwaffe, Professor Dr. Wimmer, Strasbourg, 1944)

General Observations

The effect of Lost as a poison gas is immediate and, by causing other pathological reactions within the cells and organs, it damages the entire efficiency of the individual cell as well as that of the organs. The organism stands the best chance of absorbing the damage caused by Lost if there is a large vitamin reserve in the body. In administering the vitamin treatment after Lost damage has been inflicted, care must be taken that the medicaments are not administered indiscriminately. The vitamin combinations (A, B complex, C) taken orally or vitamin B_{1} administered intravenously in glucose suspension have proved most effective. Both methods aim at raising the resistance of the reticuloendothelial system, while simultaneously introducing therapeutic measures to protect the liver which can be further strengthened by food with a high carbohydrate and vitamin content. When definite damage to the organs (liver, cardiac muscles, kidneys) manifests itself, vitamin treatment has to be discontinued and injections of B_{1} glucose substituted, as the excretion of the surplus quantity of vitamins results in a temporary additional overstimulation of the cells of the excretory organs.

In addition the inter-connection between the effect of sulfanilamide and vitamin B complex should be noted. In the case of pulmonary complications (bronchial pneumonia, pulmonary abscess) which are treated with sulfanilamides, the administration of yeast is definitely not indicated.

The general treatment, as set forth, especially the administration of vitamin B_{1} glucose, also has a salutory effect on the healing of cutaneous necrosis. In average and serious cases, the length of the healing process can thereby be considerably decreased. 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 vigorous, systematic psychotherapy. The psychological influencing of the largely apathetic Lost patient constitutes an essential part of the treatment, due to the possibility of thereby influencing the parasympathetic system (circulation, circulatory system).

Outline of treatment

1. All the directions given for the elimination of the Lost poison are to be followed carefully. Only after elimination of the poison has resulted may Lost patients be treated and accommodated together in enclosed rooms. (Inhalation of Lost vapors!)

2. Damp dressings with Rivanol (0.1-0.05 percent) and Trypaflavin (0.1 percent) have proved to be a successful treatment of the skin symptoms (reddening, swelling, blisters) of the first to fourth day. If necessary, ointment dressings (10 percent cod liver oil tannic ointment, boric acid ointment, etc.) may be applied. With the opening of the blisters, the exposed corium of the skin becomes extremely sensitive to the drying reflex. Introductory treatment; daily bathing with a potassium permanganate solution, constant damp dressings of Rivanol-Trypaflavin solution; later on ointment dressings (5 percent cod liver oil tannic ointment, boric acid ointment). With the development of cutaneous necrosis and increasing disinfection of the affected parts of the skin, the damp dressings are to be substituted—if only for nursing reasons—by ointment dressings, after bathing with a potassium permanganate solution at body temperature, which are to be changed daily. Usually after the 17th day, the necrotic spots on the skin can be removed by drying them up or better still by brushing them off (under narcosis if necessary) with a potassium permanganate solution. In this way the local healing process is considerably shortened.

With the beginning of the knitting of the skin granulation stimulating ointment dressings (alternately cod liver oil ointment, boric acid ointment, unguentine, etc.) are sufficient. Lexer’s cod liver ointment (only 2 hours, painful!) can provide a strong stimulus should granulation formation be slow and drag itself out.

3. General treatment of average and serious Lost damage begins with administering a vitamin mixture compounded as follows:

Vitamin A (in the form of Vogane oil) increasing from 4 to 10 drops daily.

Vitamin C (Cantan—Cebion tablets) 2 tablets 3 times daily.

Yeast powder 3 teaspoonfuls daily.

One should consider whether a vitamin compound of similar preparation—if need be with the addition of glucose—should be produced for the combat troops. Such a powder mixture would have to be administered in increasing quantities as well. In all cases of absorbed Lost damage (liver damage indicated by increased secretion of urobilinogen in the urine, later icteric skin coloring, cardiac muscle damage with tachycardiacs, kidney damage with albumin secretion in the urine) treatment with vitamin mixtures is to be discontinued and to be substituted by injections of vitamin B_{1} glucose. (Betaxin—Betabion 2 cc.—also in larger dosages—intravenously with 10 cc. 20 percent glucose solution.) Injections are to be given slowly, since at the height of Lost damage the veins of the arms incline to thrombosis! In the latter case glucose has to be administered orally and vitamin B_{1} intramuscularly. There exists the possibility, in every case of considerable Lost damage, of a sudden failure of circulation (frequently between the 7th and 17th day) indicated by a weak response to heart and circulatory stimulants. Heart stimulants (strophanthin, caffeine, digitalis) and circulatory stimulants (sympatol, priscol, camphor, cardiazol) have therefore to be administered with care in serious cases. The therapeutic routine valid for all clinical treatment is particularly valid for cases of organic damage.

TRANSLATION OF DOCUMENT NO-005 PROSECUTION EXHIBIT 279

LETTER FROM GRAWITZ TO HIMMLER, 22 NOVEMBER 1944, REQUESTING PRISONERS FOR EXPERIMENTS

The Reich Leader SS Reich Physician SS and Police Diary No. 39/44 Top Secret

Berlin W. 15, 22 November 1944 Knesebeckstrasse 50/51 Telephone: 924249.924374.924351.924406.

Top Secret

Subject: Experiment with N-substance. Reference: Order of Reich Leader SS of 15 May 1944 2 copies, 1st copy To: Reich Leader SS H. Himmler Field H. Q.

Reich Leader:

The Chief of the Technical Office in the SS Administrative Main Office, SS Gruppenfuehrer Schwab, contacted me in September of this year with the request to furnish him with two doctors, who as medical experts were to witness experiments with N-substance, which he was carrying out at the time by order of the Fuehrer. This was above all a matter of the clarification of the question whether N-substance was to be considered for chemical warfare or not.

For this purpose I have furnished my leading pathologist, SS Hauptsturmfuehrer University Teacher Dr. Sachs, as well as the doctor working on the Ahnenerbe, SS Hauptsturmfuehrer University Teacher Dr. Ploetner.

In accordance with the experiments carried out on 25 September 1944, 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 skin. Five prisoners are necessary for the execution of these experiments. It is highly improbable that the experiments will cause any permanent damage.

In accordance with your order of 15 May 1944, Reich Leader, I have obtained the opinion of SS Gruppenfuehrer Professor Gebhardt, SS Gruppenfuehrer Gluecks, and SS Oberfuehrer Panzinger. They read as follows:

1. SS Gruppenfuehrer Professor Dr. Gebhardt

“I am certainly in agreement with suggestion, and request that the directions for the supervision of the experiments be issued directly by the Reich Physician SS and Police.”

2. SS Gruppenfuehrer Gluecks

“I have received your letter of 7 November 1944 with regard to the procurement of five prisoners for the experiments which are to be carried out with N-substance.

“For this purpose I have had five prisoners in the Sachsenhausen concentration camp who have been condemned to death placed in readiness, on whom these experiments can be carried out.”

3. SS Oberfuehrer Panzinger

“From the point of view of the criminal police the experiments to be carried out there are to be welcomed. Therefore, no misgivings exist against the handing over of prisoners for inoculation.

“If political prisoners should be considered, the Chief of Office IV, SS Gruppenfuehrer Mueller would still have to be consulted, but he will certainly also grant permission.”

I respectfully request the permission so that the experiments can be initiated.

Heil Hitler! [Signed] GRAWITZ

[stamp] Personal Staff of Reich Leader SS Received: 26 November 1944 No. 1991/44

TRANSLATION OF DOCUMENT NO-1852 PROSECUTION EXHIBIT 456

EXTRACT FROM REPORT ON MEDICAL EXPERIMENTS ADDRESSED TO KARL BRANDT

Contents

Report. (2d copy) 2 and 3 Phosgene experiments Ruehl 4 and 5 T-experiments Letz 6 Aerosol experiment Letz 7 Natzweiler (3d copy)

6. 1st copy 7. 1st copy

* * * * *

Top Secret 3 copies—3d copy

To the Fuehrer’s Plenipotentiary General for Health and Medical Services, Surgeon-General Professor Dr. Brandt, Berlin Ziegelstrasse 5/9 Surgical Clinic at the University

7th Report

On the protective effect of hexamethylentetramine in phosgene poisoning.

Experiments were carried out on 40 prisoners on the prophylactic effect of hexamethylentetramine in cases of phosgene poisoning. Twelve of those were protected orally, twenty intravenously, and eight were used as controls.

The method

The chamber has a capacity of 20 cbm. In experiments I to XIV the chamber was given a coat of paint which had a strong deteriorating effect on phosgene. This decrease in concentration was measured after experiment XI; the curves are shown on chart I [not reproduced].

The greatest decrease measured was taken as basis for the calculations of the average concentration for experiments I to XI. In experiments XII to XV, the initial concentration and its decrease were measured separately in each case. In the tables II and III, c_{o} stands for the quantity of phosgene infused into the chamber in mg/cbm, c_{m} for the calculated average concentration, t for the time of reaction. c_{m} was measured as an arithmetic medium from 5 to 7 and calculated on the curve values obtained through interpolation.

B. The experimental subjects were all persons of middle age, almost all in a weak and underfed condition. On principle, the healthier ones were used as controls, only control number 39 (J. Rei) and the orally protected experimental subject No. 37 (A. Rei) had a localized cirrhotic productive tuberculosis of the lungs. With the others, no pulmonary disease could be found. In the first experiments up to 6g hexamethylentetramine were given orally, later despite the much higher concentrations 0.06 g/kg body weight, orally as well as intravenously.

Results

The intravenously protected experimental subjects, without exception, all survived the phosgene poisoning with a c. t. of 247 to 5,400. There were no symptoms of pulmonary oedema after intravenous protection even with a c. t. of 2,970. Only experiment No. 10 with a c. t. of 3,960 suffered pulmonary oedema of the first degree, which was overcome without any therapy and in experiment No. XIV the intravenous protection was penetrated to an extent to cause pulmonary oedema of the 3d degree, which however was overcome by oxygen inhalation. The experimental subject recovered.

All control subjects fell ill. With a c. t. of 768 and 1,180 a first degree pulmonary oedema resulted which was overcome. With a c. t. of 2,275, one control subject died, the second contracted a second degree pulmonary oedema but recovered. A c. t. of 5,400 killed one control subject after 4 hours, the other after 14 hours.

After oral protection, a c. t. of 247 to 768 was suffered without any oedema, even when the protective solution of hexamethylentetramine was drunk only 2-3 minutes before the inhalation of the phosgene. Two control subjects showed a marked oedema with a c. t. of 768. With a c. t. of 1,485 one protected subject fell seriously ill with a second degree oedema, a second subject likewise protected, having breathed the same phosgenic air, was unaffected. 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 hand.

Even a c. t. of 2,275 resulted in only a slight pulmonary oedema in an orally protected test subject, whereas one control subject died after 4 hours, and a second contracted a second degree pulmonary oedema. The oral protection was penetrated by a c. t. of 5,400, the protected test subject died, as did the two control subjects.

Experiment XV is characteristic of the test schedule and its results, and will therefore again be specially described. Of four test subjects, the first was protected orally, the second intravenously, the third received an intravenous injection of hexamethylentetramine after the poisoning, in order once more to ascertain the effect of therapeutic treatment, the fourth was not treated at all. The four subjects were placed in the chamber in which a phial containing 2.7 grams of phosgene was smashed. The test subjects remained in this concentration for 25 minutes. The phosgene content was measured three times during the inhalation. The readings showed an average concentration of 91 mg. per cbm. The subject protected intravenously remained healthy, and did not show the least signs of difficulties or symptoms, the orally protected subject contracted a slight pulmonary oedema, subsequently bronchopneumonia and pleurisy, from which he recovered. One control subject also survived his pulmonary oedema; the second died a few hours later, and the autopsy showed the characteristics of very serious pulmonary oedema.

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 subjects, as well as by the different behavior and the different volume of respiration of the experimental subjects under gas, which was here demonstrated for the first time. But the experiments gave the following decisive conclusions:

1. A previous intravenous injection of 3 grams of hexamethylentetramine completely prevents serious toxic and fatal phosgene poisoning from a c. t. of 2,275.

2. An endurable quantity of hexamethylentetramine taken prophylactically weakens a fatal poisoning to such an extent that it can be overcome without treatment. c. t.=2,275.

3. Nonfatal but nevertheless oedema-producing poisonings are made positively ineffective by intravenous application, and are weakened by oral application, c. t. 250 to 1,980.

4. The oral application of hexamethylentetramine is no longer effective against phosgene poisoning of a c. t.=5,400, the intravenous injection, however, weakens the effect to such an extent that the protected subject is able to overcome a lung oedema.

5. The dosis letalis minima (minimum lethal dose) based on these experiments cannot yet be determined with certainty. One c. t. of 2,275 resulted in the death of one experimental subject, and the second developed second degree oedema of the lungs which was cured.

6. Some of the protected experimental subjects who did not develop oedema of the lungs remained completely healthy, others suffered from slight bronchitis with a brief fever. In every case they recovered without treatment.

* * * * *

TRANSLATION OF DOCUMENT NO-978 PROSECUTION EXHIBIT 480

LETTER FROM SIEVERS TO GLUECKS, 11 SEPTEMBER 1942, 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-Dahlem, 11 September 42 Puecklerstr. 16

[handwritten] secret G/W/12

To: SS Brigadefuehrer Gluecks Berlin-Oranienburg

Subject: Military Scientific Research in Connection with the Natzweiler Concentration Camp. Reference: Personal discussion of the 9th inst.

Brigadefuehrer,

Based on my report that, as proposed by the Reich Leader SS, there is a good possibility for carrying out our military scientific research work in the Natzweiler concentration camp, I hereby summarize what awaits your approval:

1. Information to the commander’s office, Natzweiler concentration camp: SS Hauptsturmfuehrer Professor Dr. Hirt, Stabsarzt Dr. Wimmer, and Dr. Kieselbach are authorized to enter the Natzweiler concentration camp. During their activity in the Natzweiler concentration camp, they are to be provided with accommodations and board.

2. SS Oberscharfuehrer Walbert, at present supply sergeant in the administration of the Natzweiler concentration camp, is to be detached for service with the Institute for Military Scientific Research, Personal Staff Reich Leader SS, Strasbourg-Natzweiler section. Walbert will have to tend the animals under the supervision of SS Hauptsturmfuehrer Professor Dr. Hirt. It is requested that another man be assigned to the administration of the Natzweiler concentration camp in order to replace SS Oberscharfuehrer Walbert.

3. The transfer of two prisoners from the group which has been trained on the microtome for pathological research in the Buchenwald concentration camp is requested.

4. It is furthermore requested, that a younger physician be assigned to assist the camp medical officer, SS Hauptsturmfuehrer Dr. Blanke, in the Natzweiler concentration camp.

5. The experiments which are to be performed on prisoners are to be carried out in four rooms of an already existing medical barrack. Only slight changes in the construction of the building are required, in particular the installation of the hood which can be produced with very little material. In accordance with attached plan of the construction management at Natzweiler, I request that necessary orders be issued to same to carry out the reconstruction.

6. All the expenses arising out of our activity at Natzweiler will be covered by this office. I have already discussed the accounting procedure with the administrative leader, SS Obersturmfuehrer Faschingbauer.

In conclusion I would be very grateful to you, my dear Brigadefuehrer, if you would inform the commander of the Natzweiler concentration camp, that you have approved the execution of the work at Natzweiler, just as it was discussed with me there, and about which I reported to you in detail, and that you desire that we be given assistance in fulfilling the duties with which we have been entrusted by the Reich Leader SS.

Heil Hitler! [Signed] SIEVERS SS Obersturmbannfuehrer

2. To SS Hauptsturmfuehrer Prof. Dr. Hirt

TRANSLATION OF DOCUMENT KARL BRANDT 12 KARL BRANDT DEFENSE EXHIBIT 11

AFFIDAVIT OF DR. WALTHER SCHIEBER ON HIS EFFORTS TO PURCHASE EXPERIMENTAL ANIMALS IN SPAIN AND BRING THEM TO GERMANY

Affidavit 111

I, Dr. Walther Schieber, at present in Nuernberg, Justice Prison, have been duly warned that I am liable to punishment if I make a false statement. I affirm under oath that my deposition corresponds to the truth and was made to be offered in evidence before Military Tribunal No. I at the Palace of Justice, at Nuernberg, Germany. During the summer of 1944, 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 office.

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 Sarin, the effect of which would not yet be finally determined.

To carry out these tests, an action to procure animals was started by me in Spain, instigated by Professor Karl Brandt; because of the biological reaction parallels to human beings, apes resembling men were allegedly needed. An assistant was sent there especially for this purpose. For this, the armament office offered approximately 200,000 Swiss francs, and after my resignation as Chief of the Armament Supply Office in October 1944 from the Speer Ministry I made strenuous efforts, together with Professor Karl Brandt, to have a large number of animals brought by extremely difficult air transportation from Spain to Germany. These were put at Professor Karl Brandt’s disposal for the testing offices.

[Signed] WALTHER SCHIEBER

TRANSLATION OF DOCUMENT KARL BRANDT 101 KARL BRANDT DEFENSE EXHIBIT 41

AFFIDAVIT OF DR. OTTO AMBROS,[39] 21 APRIL 1947, CONCERNING THE URGENCY OF EXPERIMENTS IN THE FIELD OF CHEMICAL WARFARE AGENTS AND THEIR COUNTERMEASURES

I, Dr. Otto Ambros, at present in Nuernberg, Justice Prison, having been duly informed that I shall render myself punishable if I submit a false affidavit, declare under oath that my statement is true and was made for presentation in evidence to Military Tribunal No. I in the Palace of Justice, Nuernberg, Germany.

During the war I was a director of I. G. Farben and had to work on chemical warfare agents and protective agents, and can therefore state the following:

I got into touch with Professor Dr. Karl Brandt during 1944. On that occasion Professor Brandt told me he had to take an interest in chemical warfare agents and countermeasures. At the same time he showed me a letter from Adolf Hitler referring to this subject. Furthermore, he stated that he did not understand very much about chemical warfare, as he was not an analytical chemist. His primary concern in this field was the question of the supply of materials for gas masks, i. e., activated charcoal and the synthetic materials and textiles which are necessary for these.

Professor Brandt visited two poison gas plants at Dyherrnfurth and Gendorf, to become generally acquainted with the nature of poison gas itself.

There was the greatest uneasiness at that time regarding protection against chemical warfare, as it was thought that the Allies would use poison gas. It was said that they had brought poison gas over with them when they landed at Tunis.

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 gas.

On the German side, there was definitely a serious shortage of chemical warfare protective equipment, as not even the most urgently needed gas masks were available, nor was it even possible to produce the required number.

Nuernberg, 21 April 1947.

[Signature] DR. OTTO AMBROS

TRANSLATION OF DOCUMENT KARL BRANDT 103 KARL BRANDT DEFENSE EXHIBIT 42

AFFIDAVIT OF DR. WALTER MIELENZ, 21 APRIL 1947, CONCERNING THE ASSIGNMENT OF KARL BRANDT IN CONNECTION WITH CHEMICAL WARFARE

I, Dr. Walter Mielenz, born 20 November 1888 in Berlin, residing in Berlin-Friedenau, Ceciliengaerten 45 (business address: Berlin-Lichterfelde W, Kadettenweg 67, Telephone 245218), have been duly advised that I shall render myself liable to punishment if I give a false affidavit. I declare under oath that my statement is true and was made to be submitted in evidence to Military Tribunal No. I, at the Palace of Justice, Nuernberg, Germany.

From 1933 to 1945 I worked at the Reich Air Ministry as an analytical chemist, technical advisor on the question of the protection of the civilian population against gas.

I am familiar with the decree of 1 March 1944 in which special tasks were assigned to Professor Dr. Karl Brandt in connection with chemical warfare. As far as I remember, the decree was worded approximately as follows:

“I have ordered my Commissioner General for the Medical and Health Service (Professor Dr. Brandt) to take a major part in all matters concerning protection against chemical warfare (of the army and the civilian population) and to issue orders to the stations (military and civilian) established for this purpose. In questions of the protection of the civilian population against chemical warfare, he must obtain in advance the approval of the Reich Air Minister and Commander in Chief of the Luftwaffe.”

The decree certainly did not contain any order for research in connection with chemical warfare agents.

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 expected. This assumption was based on the fact that intelligence was accumulating, according to which gas was being prepared in large quantities by the enemy. Thus confidential agents reported that poison gas ammunition was being stored at Tunis and Dakar, and these reports were constantly being confirmed.

The greatest alarm was caused by the examination of captured Russian gas masks, 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 front. Their protective capacity far surpassed that of the German Army and civilian gas masks. From this fact, 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 agents.

The German measures for gas defense were totally inadequate in number, too. 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 schedule. The relevant figures for civilian gas masks in the different supply areas were between 10 and 70 percent of the population to be equipped, the average figure being about 32 percent, and for infants’ gas masks, about 7 percent. This estimate is based on the total number of civilian and infants’ gas masks manufactured up to that date, in relation to the total number of persons entitled to supply. This estimate did not take into consideration the fact that, without doubt a large part of the equipment which, in some cases had been in the hands of the population for years, was no longer completely fit for use on account of faulty unsuitable storage, or had been rendered useless by air raid damage, evacuation of the owners, and other reasons, or lost completely. The losses in civilian gas masks were estimated at about 15,000,000 (almost 50 percent of the total output up to that date) so that for the completion of the initial equipment (without reserves) the manufacture of 45,000,000 gas masks had to be planned.

In view of these facts, Professor Dr. Karl Brandt was assigned the task of providing with the utmost speed for the improvement of gas defense to avert the danger which threatened.

Through the initiative of Professor Brandt, 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 tanks.

I know that Professor Dr. Brandt was most strongly opposed to the propaganda demand spread by extreme Party circles for the initiation of chemical warfare by Germany.

I regularly had to work with Professor Karl Brandt on gas defense and I know that in view of their importance and urgency, he dispatched all matters himself. The Department of Science and Research and its chief, Professor Rostock, were not concerned with these matters.

The N-agent was not one of the chemical warfare agents. It is an incendiary agent composed of chlorine and fluorine (ClF_{3}); this N-agent has never been mentioned in connection with gas defense.

I know that there existed in the Armament Ministry a special commission for the decontamination of drinking water; this had neither been established by Professor Brandt nor was it under his command. The task of this commission was the production of decontamination equipment but not the development of such equipment, and especially not the development of new processes for the decontamination of water. The repeated suggestions made by Professor Haase in this context were therefore beyond the field of activity of the commission. They were discussed, however, at a meeting in December 1944, at which I was present.

At this meeting the representatives of the army and the air raid protection service stated that for their sphere, i. e., for the gas defense of the troops and the civilian population, there was no need to continue this work. 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 consideration, and that they should therefore be rejected. He therefore asked me to work towards this end.

As far as I know, the commission was never concerned with sea-water experiments. In particular, to my knowledge, the commission had no knowledge of human experiments for the testing of agents designed to render sea-water potable.

I can state with certainty that the undertaking of gas experiments on human subjects was never spoken of by Professor Brandt and myself. Moreover, during discussions with army experts concerned with gas defense and chemical warfare, I never heard that Professor Brandt in any way suggested human experiments or otherwise spoke of such experiments.

Nuernberg, 21 April 1947

[Signature] DR. WALTER MIELENZ

-----

[39] Defendant in case of United States vs. Carl Krauch, et al. See Vols. VII and VIII.

5. SULFANILAMIDE EXPERIMENTS

a. Introduction

The defendants, Karl Brandt, Handloser, Rostock, Schroeder, Genzken, Gebhardt, Blome, Rudolf Brandt, Mrugowsky, Poppendick, Becker-Freyseng, Oberheuser, and Fischer were charged with special responsibility for and participation in criminal conduct involving sulfanilamide experiments (par. 6 (E) of the indictment). During the trial the prosecution withdrew this charge in the cases of Schroeder, Blome, and Becker-Freyseng. On this charge the defendants Karl Brandt, Handloser, Gebhardt, Mrugowsky, Oberheuser, and Fischer were convicted and the defendants Rostock, Genzken, and Poppendick were acquitted. Regarding the defendant Rudolf Brandt, the judgment makes no reference to this charge.

The prosecution’s summation of the evidence on the sulfanilamide experiments is contained in its final brief against the defendant Gebhardt. An extract from that brief is set forth below on pages 355 to 364. A corresponding summation of the evidence by the defense on these experiments has been selected from the closing brief for the defendant Gebhardt. It appears below on pages 364 to 370. This argumentation is followed by selections from the evidence on pages 371 to 391.

b. Selection from the Argumentation of the Prosecution

_EXTRACT FROM THE CLOSING BRIEF AGAINST DEFENDANT GEBHARDT_

* * * * *

A. SULFANILAMIDE EXPERIMENTS

Experiments to test the effectiveness of sulfanilamide on infections were conducted in the Ravensbrueck concentration camp from 20 July 1942 until August 1943. These experiments were performed by the defendants Gebhardt, Fischer, and Oberheuser. (NO-228, Pros. Ex. 206.)

Gebhardt personally requested Himmler’s permission to carry out the sulfanilamide experiments and their execution was his responsibility. (Tr. pp. 4024-5.) He himself carried out the initial operations. (Tr. p. 4032.)

The experimental subjects consisted of 15 male concentration camp inmates, who were used during the preliminary experiments in July 1942, and 60 Polish women who were experimented on in 5 groups of 12 subjects each.

The purpose of the experiments was stated in a preliminary report by Gebhardt dated 29 August 1942, in which he stated:

“By order of the Reich Leader SS, I started on 20 July 1942 at Ravensbrueck concentration camp for women on a series of clinical experiments with the aim of analyzing the sickness known as gas gangrene, which does not take a uniform course, and to test the efficacy of the known therapeutic medicaments.

“In addition, the simple infections of injuries which occur as symptoms in war surgery had also to be tested; and a new chemo-therapeutic treatment, apart from the known surgical measures, had to be tried out.” (NO-2734, Pros. Ex. 473.)

The sulfanilamide experiments, as substantially all of the experiments with which the case is concerned, were directly related to the German war effort. Allied propaganda about the “miracle drug” sulfanilamide was having considerable effect on the confidence of the German soldiers in their medical officers. Heavy casualties had been sustained from gas gangrene on the Russian front in the winter of 1941-42. 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 treatment. (Tr. pp. 4010-14.)

The same report cited above states that the defendant Fischer was appointed by Gebhardt as his assistant; Dr. Blumenreuter, a subordinate of the defendant Genzken, made available the surgical instruments and medicines; the defendant Mrugowsky put his laboratory and co-workers at the disposal of Gebhardt; and Dr. Lolling, chief medical officer of all concentration camps, assigned Dr. Schiedlausky and the defendant Oberheuser as co-workers.

This preliminary report concerns itself with the early experiments on 15 male subjects to determine a mode of infection with gangrene. Gebhardt was assisted by the Hygiene Institute of the Waffen SS, which made available the bacteria and gave advice on the method of bringing about gangrene infection artificially. The experimental technique was described in the report as follows:

“The point was to implant the lymph cultures on the damaged muscle tissue, to isolate the latter from atmospheric and humoral oxygen supply, and to subject it to internal tissue pressure. The inoculation procedure was as follows: a longitudinal cut of 10 centimetres over the musculus peroneus longus; after incision into the fascia the muscle was tied up with forceps in an area the size of a five-Mark piece; an anaemic peripheral zone was created by injection of 3 cc. adrenalin and in the area of the damaged muscle the inoculation material (a gauze strip saturated with bacteria) was imbedded under the fascia, subcutaneous adipose tissue and skin sutured in layers.” (NO-2734, Pros. Ex. 473.)

In the first series of experiments the subjects were infected with staphylococci, streptococci, para oedema malignum, bacteria Fraenkel, and earth. The resulting infections were not considered serious enough, and a conference was held with the Hygiene Institute of the Waffen SS and the bacteria used in bringing about the infections were changed. Six additional male subjects were then infected, but again the results were not considered serious enough. After further consultation with the collaborators in the Hygiene Institute of the Waffen SS, the infectious material was changed by adding wood shavings. During the course of these experiments the subjects were treated with various types of sulfanilamides, including catoxyn and marfanil-prontalbin, the latter being strongly recommended by the Army Medical Inspectorate. Efforts continued to make the gangrene infection more serious, and the report concluded with the following paragraph:

“We are now investigating the problem as to why the gangrene in the present cases did not fully develop. Therefore, the injuring of the tissue and the exclusion of a muscle from the circulation of the blood were undertaken during a separate operating session, and the large-scale necrosis resulting therefrom, was to be inoculated with bacteria strain which had already had one human passage. 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 operations.” [Emphasis supplied.] (NO-2734, Pros. Ex. 473.)

This report was certified as a correct copy by the defendant Poppendick.

In his zealousness to protect his fellow defendants, Gebhardt testified that neither the Hygiene Institute of the Waffen SS nor the defendant Mrugowsky played any part in these experiments, and that the infectious material was sent to him by Grawitz. (Tr. p. 4179.) This is clearly contradicted by his own report cited above.

Following the conclusion of the preliminary experiments on the male prisoners, experiments were continued on female Polish inmates. The affidavit of the defendant Fischer states that three series of operations were performed, each involving 10 persons, one using the bacterial culture and fragments of wood, the second using bacterial culture and fragments of glass, and the third using culture plus glass and wood. (NO-228, Pros. Ex. 206.) These experiments were undertaken during the month of August 1942. While Fischer speaks of experimental groups of 10 persons each, the defendant Gebhardt testified that the groups were composed of 12 experimental subjects. (Tr. p. 4056.) On 3 September 1942, after 36 women had been experimented on, Reich Physician SS Grawitz visited Ravensbrueck and inspected the experimental subjects. He asked Gebhardt how many deaths had occurred, and when it was reported that there had been none, he stated that the experiments did not conform to battlefield conditions. (NO-228, Pros. Ex. 206; Tr. p. 4057.) In order to make the gangrene infections still more severe, a new series of experiments involving 24 Polish female inmates was carried out. In this series the circulation of blood through the muscles was interrupted in the area of infection by tying off the muscles on either end. This series of experiments resulted in very serious infections and a number of deaths occurred. (NO-228, Pros. Ex. 206.)

Gebhardt, Fischer, and Oberheuser all admit that three of the experimental subjects died as a result of the experiments. (NO-228, Pros. Ex. 206; Tr. pp. 4059, 5492.) Other evidence, however, proves that five died as a direct result of the experiments and six were executed by shooting at a later date. (Tr. pp. 1438, 1449, 797, 845, 863.)

Four of the Polish women who were subjected to these experiments testified before the Tribunal. Most of the women who were used as subjects had been active in a resistance movement. (Tr. pp. 787, 816, 840, 857.) Only healthy inmates were used. (Tr. pp. 786, 815, 836, 856, 860-1.) None of them volunteered for the experiments. (Tr. pp. 789, 819, 842, 844-5, 861.) On the contrary, they protested against the experiments both orally and in writing. (Tr. pp. 789, 794, 823-5.) They stated that they would have preferred death to continued experiments, since they were convinced that they were to die in any event. (Tr. pp. 795, 824, 863.) They testified that 74 Polish women, 1 German, and 1 Ukrainian woman were experimented upon. (Tr. pp. 1438, 796, 818, 862.) Since Gebhardt placed the total number of Polish female experimental subjects in the sulfanilamide experiments at 60, the additional 16 women mentioned by the witnesses may well have been subjects in the bone, muscle, and nerve regeneration experiments. (Tr. p. 1462.)

The witness Kusmierczuk was one of the subjects in the sulfanilamide experiments. She is a Polish national and arrived in the Ravensbrueck concentration camp in the fall of 1941. (Tr. p. 857.) She was operated on in October 1942 and a severe infection developed in her case. (Tr. p. 858.) She remained in the hospital from October 1942 until April 1943, but her wound was still not healed at the time she was discharged from the hospital. Her condition deteriorated and she was readmitted to the hospital on 1 September 1943. (Tr. p. 860.) She left the hospital the second time in February 1944, but her wound did not finally heal until June 1944. (Tr. p. 861.) She identified the defendants Gebhardt, Fischer, and Oberheuser as having participated in the experiment upon her. (Tr. p. 860.) Kusmierczuk suffered permanent injuries as a result of this experiment, and her condition was described by the expert witness Dr. Leo Alexander. (Tr. pp. 864-9.) The post-operational care of this woman was not handled by Gebhardt and Fischer, but by the camp doctors. On the occasion of her second admission to the hospital in September 1943, Kusmierczuk was operated on by Dr. Treite in an effort to cure the deep-seated infection. (Tr. p. 861.) [See photographs, pp. 898 to 908.]

The expert witness Maczka, who worked as an X-ray technician in the Ravensbrueck concentration camp during the course of the experiments, testified concerning deaths of the five Polish experimental subjects resulting from the sulfanilamide experiments. Weronica Kraska developed typical tetanus symptoms a few days after the experimental operation was performed on her. After a brief illness she died under cramps caused by tetanus. (Tr. p. 1438.) Kazimiera Kurowska was artificially infected with gangrene bacillus. She was a healthy Polish girl of 23 years. From day to day her leg became blacker and more swollen. She was given care for only the first few days. After that she was taken to Room 4 in the hospital where she lay for days in unbelievable pain and finally died. Maczka was able to observe this case personally and in her opinion immediate amputation would have saved her life. (Tr. pp. 1439-40.) It is quite clear that if a German soldier’s life had been endangered by gangrene infection, an amputation would have been undertaken immediately. In this experiment, where the very effort was to develop a serious gangrene infection and to test the effects of sulfanilamide preparations, it is equally clear why the leg of Kurowska was not amputated. Aniela Lefanowicz was infected with oedema malignum. Her leg kept swelling more and more, the blood vessels eroded, and she died from bleeding. Maczka testified that the blood vessels should have been tied off and an amputation carried out in order to save her life. She was completely neglected after the first 2 or 3 days. (Tr. pp. 1440-1.) Zofia Kiecol died under similar circumstances. (Tr. p. 1441.)

Alfreda Prus was infected with oedema malignum the same day as the witnesses Kusmierczuk, Kiecol, and Lefanowicz. She was a beautiful, young 21-year-old girl, and a university student. She proved to be stronger than Kiecol and Lefanowicz and for that reason she lived a few days longer. She suffered terrible pain and finally died of hemorrhage. (Tr. pp. 1142-3.) Kusmierczuk was the only subject to survive that series of experiments. (Tr. p. 1443.)

It is hardly necessary to point out that all of the experimental subjects suffered severe pain and torture. (Tr. pp. 790-1, 802, 820, 842, 859; NO-876, Pros. Ex. 225; NO-871, Pros. Ex. 227; NO-877, Pros. Ex. 228.) The Tribunal was able to observe for itself the mutilations to which the Polish witnesses were subjected, and pictures of their scars were introduced to form a permanent part of the record. (NO-1079a, b, and c, Pros. Ex. 209; NO-1081a, and b, Pros. Ex. 211; NO-1082a, b, and c, Pros. Ex. 214; NO-1080a-g, Pros. Ex. 219.)

The post-operational care of the experimental subjects was entirely inadequate. (NO-873, Pros. Ex. 226.) Many of the subjects were given neither medicine nor morphine by order of defendant Oberheuser. (NO-877, Pros. Ex. 228.) They were given bandages from time to time when the doctors felt like it. Sometimes they waited 3 days, sometimes 4 days. There was a terrible odor of pus in the rooms. The girls were forced to help each other. (Tr. p. 1444.) Post-operational care, such as it was, was administered by the camp doctors. The witness Broel-Plater testified that:

“My leg pained me; I felt severe pain, and blood flowed from my leg. At night we were all alone without any care. I heard only the screaming of my fellow prisoners, and I heard also that they asked for water. There was nobody to give us any water or bed pans.” (Tr. p. 790.)

The witness Karolewska testified that:

“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 room, and that we were not given even the possibility to recover. 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 open. The German nurse entered the room and told us to get up and dress. We answered that we could not follow her order because we had great pains in our legs and could not walk. Then the German nurse came into our room with Dr. Oberheuser. Dr. Oberheuser told us to dress and go to the dressing room. We put on our dresses; and, being unable to walk, we had to hop on one leg going to the operating room. After one hop we had to rest. Dr. Oberheuser did not allow anybody to help us. When we arrived at the operating room quite exhausted, Dr. Oberheuser appeared and told us to go back because a change of dressing would not take place that day. I could not walk, but somebody, a prisoner whose name I do not remember, helped me to get back to the room.” (Tr. p. 822.)

At least five human lives were sacrificed in the sulfanilamide experiments, while an additional six were shot after having survived the operations. All the surviving victims suffered terrible pains and were crippled for life. Nevertheless, the experiments were not even scientifically successful. The results, 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 1943, were not adopted, and medical directives were issued which required the continued use of sulfanilamide. (Gebhardt, Fischer, Oberheuser 3, Gebhardt, Fischer, Oberheuser Ex. 10.) The sulfanilamide experiments were entirely unnecessary, since similar results could have been achieved by the treatment of wound infections of German soldiers normally contracted during the course of the war. (Tr. pp. 3334, 3338.)

Gebhardt does not seriously contend that the experimental subjects were volunteers. He admitted that he did not know whether the women consented. He testified he was not interested in that. He left it to the “legal authorities.” He did not discuss this matter with Himmler. (Tr. p. 4214.) By legal authorities, Gebhardt meant Himmler who, as he said, “had the power to execute thousands of people by a stroke of his pen.” (Tr. p. 4025.) Gebhardt, however, showed no interest whatever in the moral or legal character of that power. At one point in his testimony, he stated that the subjects were nonvolunteers forced to submit to the experiments by the State. (Tr. p. 4064.) At still another point, they were “more or less volunteers, condemned persons.” (Tr. p. 4021.)

Gebhardt’s defense, if it can be dignified with that word, is rather that the Polish women had been condemned to death for participation in a resistance movement and that by undergoing the experiments, voluntarily or otherwise, they were to have their death sentences commuted to some lesser degree of punishment whereby they would at least not be executed. This was no bargain reached with the experimental subjects; their wishes were not consulted in the matter. It was, according to Gebhardt, left to the good faith of someone unnamed to see to it the death sentence was not carried out on the survivors of the experiments. Certainly Gebhardt assumed no responsibility, or even interest, in this matter.

The prosecution points out, in connection with this alleged defense, that the proof shows that the experimental subjects who testified before this Tribunal were never so much as accorded a trial; they had no opportunity to defend themselves against whatever crimes they were said to have committed. They were simply arrested and interrogated by the Gestapo in Poland and sent to a concentration camp. They had never so much as been informed that they had been marked for, not sentenced to, death. (Tr. p. 831.) Article 30 of the Regulations Respecting the Laws and Customs of War on Land annexed to the Hague Convention expressly provides that even a spy “shall not be punished without previous trial.” The alleged defense of Gebhardt is accordingly without merit.

Gebhardt would have the Tribunal believe that but for the experiments all these Polish girls would be dead; that he preserved the evidence now being used against him. Nothing could be further from the truth. There is no proof in the record that these women would have been executed if they had not undergone the experiments. The witness Maczka is living proof of the contrary. She was arrested for resistance activities on 11 September 1941, and shipped to Ravensbrueck on 13 September. (Tr. p. 1433.) She was not an experimental subject yet she lives today. Substantially all the Polish experimental subjects arrived in Ravensbrueck in September 1941. (Tr. pp. 788, 817, 840.) These girls had not been executed by August 1942 when the experiments began. Indeed, it was a surprise to Gebhardt, according to his testimony, that they were used at all since during July 1942 the experiments were conducted on men. There were some 700 Polish girls in that transport. (NO-877, Pros. Ex. 228; Tr. p. 4216.) There is no evidence that a substantial number were ever executed even though most of them were not experimented on.

No, the proof has shown beyond controversy that these Polish women could not have been legally executed. The right to grant pardons in cases of death sentences was exclusively vested in Hitler by a decree of 1 February 1935, Reich Law Gazette [RGBl], I, page 74. (NO-3070, Pros. Ex. 531.) On 2 May 1935, Hitler delegated the right to make negative decisions on pardon applications to the Reich Minister of Justice. (NO-3071, Pros. Ex. 532.) On 30 January 1940 (RGBl, I, p. 399), 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 territories. (NO-3072, Pros. Ex. 533.) By edict, dated 8 March 1940, VOB1 GGP I p. 99, the Governor General of occupied Poland ordered with reference to the execution of the right to pardon in the case of death sentences that:

“The execution of a death sentence pronounced by a regular court, 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 pardon.” [Emphasis supplied.] (NO-3073, Pros. Ex. 534.)

Assuming arguendo that the experimental subjects had all committed substantial crimes, that they were all properly tried by a duly constituted court of law, that they were legally sentenced to death, 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 right. There has been no proof that the Governor General had ever acted with respect to pardoning the Polish women used in the experiments, or, for that matter, any substantial number of those not used in the experiments.

The only reason these 700 Polish women were transported from Warsaw and Lublin to Ravensbrueck was because the Governor General had not approved their execution. Otherwise they would have been immediately executed in Poland. At the very least, these women were entitled to remain unmolested so long as the Governor General took no action. He may never have acted or, when he did, he may have acted favorably on the pardon.

The affidavit of Schiedlausky, the camp doctor at Ravensbrueck, shows that the Governor General had not turned down a pardon when the experiments started. He said on page four of the original:

“Polish women who had been sentenced to death by court martial and who were awaiting execution, after their sentences had been approved by the Governor General, were chosen as subjects.” (NO-508, Pros. Ex. 224.)

At still a later point, on page 15 of the original, he said:

“During my tour of duty at Ravensbrueck, I estimate that about 25 women were executed by shooting. They were exclusively Polish women, who were already prisoners, whose sentences were only approved after a long time by the Governor General.” [Emphasis added.]

Schiedlausky was in Ravensbrueck from December 1941 until the middle of August 1943. During that long period of time only 25 of over 700 Polish inmates were made eligible for execution by action of the Governor General. Who is to say that the majority of these 700 Polish women did not live through the war even though they did not undergo the experiments? Certainly it was incumbent on the defense to prove the contrary by a preponderance of the evidence. This it did not do by any evidence.

The defendants Gebhardt, Fischer, and Oberheuser cannot claim that they believed in good faith that the Polish women could have been legally executed. Even the camp doctor Schiedlausky knew that the Governor General had to approve the execution. Moreover, the large number of 700 women being sentenced to death at this early stage of the war was enough to put any reasonable person on notice that something was wrong.

Additionally, the uncontradicted evidence proves that survival of the experiments was no guarantee whatever of avoiding execution in any event. At least six of the experimental subjects were executed after having survived the experiments. (Tr. pp. 1449, 797, 845, 863.) The names of the Polish girls who were shot were Pajaczkowska, Gans, Zielonka, Rakowska, Sobolewska, and Gutek. (NO-873, Pros. Ex. 226; NO-861, Pros. Ex. 232.) It was not a question of experimentation or execution but experimentation and execution.

Indeed, in February 1945, an effort was made to execute all the experimental subjects. They were ordered to report to one block and remain there. They were informed that they would be transferred to the Gross-Rosen concentration camp, but it was common knowledge that Gross-Rosen was already in the hands of the Allies. They, therefore, knew that they were going to be executed and so took different identification numbers and hid themselves. This was possible because of disorganization in the camp. (Tr. pp. 1450-1, 862-3; NO-876, Pros. Ex. 225; NO-877, Pros. Ex. 228.)

If one takes the case of the defense at its face value, 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 death, to experiment on them in such a way that they may suffer death, excruciating pain, mutilation, and permanent disability—all this without their consent and in direct aid of the military potential of their enemy. There is no valid reason for limiting such a decision to civilian prisoners; the experiment would certainly have been no worse had it been performed on Polish or American prisoners of war. It is impossible to consider seriously the ruling being sought for by the defense.

c. Selection from the Argumentation of the Defense

_EXTRACT FROM THE CLOSING BRIEF FOR DEFENDANT GEBHARDT_

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The Sulfanilamide Experiments

Of all medical experiments forming the subjects of the indictment, the experiments for testing sulfanilamides were undoubtedly the most directly connected with the war. The problem of wound infection is one with which every nation at war must concern itself especially in modern warfare. This problem is not only one of great importance to the life and health of the individual wounded soldier, 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 ranks. 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 wound, but that the heavy losses must be attributed to infection of wounds received. 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 health. As regards details, I refer to statements made in this connection on the witness stand by several defendants in these proceedings.

Consequently, it could not come as a surprise that in this war, too, efforts were made to deal with wound infection not only by using surgical measures, 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 preparations.

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 general, but also in view of the fact that especially the supply of the army troops and the Waffen SS with medical officers and, above all, with trained field surgeons became more and more difficult. 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 infection, progress of vast importance would have been achieved.

On the other hand, however, 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 power. In his lecture on the chemo-therapy of wound infection as delivered before the First Conference East of the Consulting Specialists on 18 May 1943, which I submitted as part of the report dealing with this conference, (Gebhardt, Fischer, Oberheuser 1, Gebhardt, Fischer, Oberheuser Ex. 6.) Professor Dr. Rostock referred to the great danger of chemo-therapy, i. e., the possibility “of making negligent physicians careless in the surgical aspect of wound dressing, since they may place a certain trust in chemo-therapy.”

This warning was all the more in order since, at that time there was not only complete uncertainty as regards the effects of sulfanilamides, but also because there was a divergence in opinions as to the efficacy of this preparation. It has been clearly shown by the evidence that, in spite of close observation of the effects of sulfanilamides in peace time and in war, it was impossible to answer this question. Opinions were very much divided. While some were convinced of the efficacy of these preparations in connection with wound infections, and ascribed extraordinarily good results to them, others were of the opinion that these chemical preparations could at the best be used as a supplement and that if used by themselves, they did not have the properties to prevent bacterial infection resulting from combat wounds. With regard to the details I refer to the statements of the defendants Karl Brandt, Handloser, Rostock, Gebhardt, and Fischer and to Gebhardt Exhibits 6, 7, and 10 as submitted by me during the hearing of the evidence.

In this respect, it is highly interesting to review the scientific discussions of the consulting specialists as contained in the report on the First Conference East on 18 and 19 May 1942. (Gebhardt, Fischer, Oberheuser 1, Gebhardt, Fischer, Oberheuser Ex. 6.) 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 sulfanilamides.

In this respect we are able to distinguish three sharply defined groups. In the group which rejected the chemo-therapeutic treatment of wound infection, Geheimrat Professor Sauerbruch was the leader. He emphatically voiced the opinion that these chemical preparations tend to obscure surgical work and to lead to perfunctory treatment. He requested that the preparations should be critically tested, that is to say, the test should be made by surgeons experienced in general surgery.

In the other camp there were surgeons who claimed to have obtained extraordinarily favorable results in the chemo-therapeutical treatment of bacterially infected wounds. Among them was Dr. Krueger, the Berlin professor of surgery, who claimed to have observed a favorable effect of sulfanilamide in as many as 5,000 cases.

To the third group belonged the surgeons, bacteriologists, 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 made.

Thus it can be said that after the experiences of the Russian winter campaign of 1941-1942, the fight against bacterial wound infections, and the question of the efficacy of the sulfanilamides had become a military-medical and medical-tactical problem of the first importance, about which opinions differed widely. A solution of this problem was the more urgent as an answer had to be found quickly, and on the other hand the fact was not to be disregarded that the experiences gained during nearly 10 years of peace and war in clinics as well as in laboratories were insufficient to answer this question.

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 Wehrmacht. Hitler’s order was not at first submitted by Himmler to the defendant Gebhardt, but to Dr. Grawitz, Reich Physician of the SS and police.

However, 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 given, viz, the death of the Chief of the Reich Security Main Office, General of the Waffen SS Reinhardt Heydrich, who in May 1942 was assassinated in Prague. For the details I refer to the testimony of Gebhardt in the witness box on this matter. Heydrich’s death is connected with the experiments themselves only insofar as, at that time, the charge was leveled that Heydrich’s life could have been saved if sulfanilamides, and especially a certain sulfanilamide preparation, had been administered to the wounded man in sufficient quantities. The whole problem of sulfanilamide therapy came to the fore once more in this one case, 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 front.

Within the scope of this evaluation of evidence, it is irrelevant to enter into the details which resulted in the experiments being carried out by the defendant Gebhardt himself. Against the strict order of the Reich Physician SS Grawitz, Gebhardt carried out the experiments not by deliberately inflicting bullet wounds but by causing an infection while observing all possible precautionary measures.

It was further shown by the evidence that the experiments were started with 15 habitual criminals who had been sentenced to death and who had been transferred from the concentration camp Sachsenhausen to Ravensbrueck. In view of the fact that this part of the experiment is not a subject of the indictment, it seems to be unnecessary to enter into this matter. It should, however, be kept in mind that at the conference on 1 June 1942, 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 survival.

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 groups. The first group included 15 men (habitual criminals). This group has nothing to do with the charges of the indictment and it is therefore superfluous to enter into this matter more closely.

The second group included 36 female prisoners who had been members of the Polish Resistance Movement and who, for this reason, had been sentenced to death by the German court martial in the General Government. This second group was divided into 3 subgroups of 12 experimental persons each. As to the particulars of the provisions for the experiments, I refer to the testimony of the defendants Gebhardt and Fischer in the witness box. Contrary to the first group, contact substances were used in this second group to accelerate the process of infection. The contact substances were inserted into the open wound together with the germs. Sterile and pulverized glass and sterile wood particles were used as contact substances. These contact substances took the place of earth and uniform particles and were to produce war-like conditions for the wounds, without, however, producing at the same time the general dangers created by infection of the wound by earth and parts of clothing.

As in the case of the first group, staphylococci, streptococci, and gas gangrene bacilli were used as agents. But the contention of the indictment that tetanus germs were also used is incorrect. On the contrary, the evidence has proved that the treatment of tetanus did not come within the scope of these experiments. 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 tetanus. 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 1943 (Gebhardt, Fischer, Oberheuser 1, Gebhardt, Fischer, Oberheuser Ex. 6)—that is prior to the performance of the sulfanilamide experiments charged in the indictment. 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 usual.

During the presentation of evidence, only the witness Dr. Maczka maintained that tetanus was actually used in one individual case. 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 statements. In view of the fact that even according to the testimony of this witness tetanus bacilli were employed only in one individual case, the assertion of this witness can hardly be taken as a true representation of the facts, for if it had really been the intention of the defendant Gebhardt to determine the effect of sulfanilamides on tetanus too, one experimental subject would certainly not have been sufficient, and more experiments would have been necessary before a final decision regarding this question could possibly have been made.

The third group consisted of 24 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 ligatured. The defendants Gebhardt and Fischer have given detailed evidence regarding these new experimental arrangements, how they originated, what considerations had to be regarded, and what part was played by SS Reich Physician Dr. Grawitz. With regard to these details I refer to the testimony of the defendants in the witness box.

The experimental subjects were treated with sulfanilamides as described by the defendants in the witness box. A few persons were not treated with sulfanilamides but were used as control subjects. But that did not mean that these persons were not treated at all. As the evidence has proved, all experimental subjects were treated, namely by surgical measures if the sulfanilamides did not prove effective against the inflammation. For this reason too the experimental subjects to whom sulfanilamides were applied, and where the inflammation did not pass away by itself, were given direct surgical treatment under observance of the generally recognized principles of surgery, particularly as developed in Germany by Gebhardt’s teacher Professor Dr. Lexer. This direct surgical treatment resulted in the scars which the court has seen on the experimental subjects questioned as witnesses. As explained by Professor Dr. Alexander, the expert produced by the prosecution, these scars are the result not of the bacteriological infection but of the operations performed in order to eliminate this infection. In the prosecution case, four experimental subjects were called to give evidence. In addition, the prosecution submitted a series of affidavits given by other persons used as experimental subjects. The statements of the four witnesses questioned in court coincide largely with the testimony given by the defendants Gebhardt, Oberheuser, and Fischer themselves in the witness box. 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 themselves. 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 reason, but also such handling of the case seems suitable because the statements of the four witnesses are identical essentially so that they themselves, together with the statements given by the defendants, can be regarded as a safe basis for a finding—apart from one point which I shall go into later. In addition, the affidavits submitted by the prosecution not only differ in essential points from the statements made by the witnesses in court, but are inconsistent and contradictory in themselves as well. This is shown, above all, by the fact that in several of these affidavits contentions are quite obviously made which are not based on personal and factual observation, but have become known to these witnesses by hearsay. The affidavits, moreover, fail to represent the circumstances in clear chronological order, which makes the whole matter all the more doubtful, 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 connection.

Considerable doubts also exist regarding the statements made by the witness Dr. Maczka. The prosecution has submitted two affidavits given by this witness as part of its evidence. When questioned in court, this witness could not maintain the most incriminating contentions which appeared in the two affidavits. Under these circumstances, the court has to consider whether it regards the statements of this witness as sufficiently reliable to enter into the judgment. I would answer this question in the negative, not only because she had to revoke the most essential points of her previous affidavits, but because a large part of her testimony was based not on her own observations, but either on information obtained from other prisoners or on conclusions drawn by her.

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d. Evidence

Prosecution Documents

Doc. No. Pros. Ex. No. Description of Document Page NO-228 206 Affidavit of defendant Fischer, 371 19 November 1946, concerning sulfanilamide experiments conducted in the concentration camp Ravensbrueck. NO-472 234 Affidavit of the defendant 376 Fischer, 21 October 1946, supplementing his affidavit concerning sulfanilamide experiments. NO-1080 A, E, F 219 A, E, F Exposures of the witness Maria 901 Kusmierczuk who underwent sulfanilamide and bone experiments while an inmate of the Ravensbrueck concentration camp. (See Selections from Photographic Evidence of the Prosecution.) NO-1082 A, C 214 A, C Exposures of the witness Jadwiga 903 Dzido who underwent sulfanilamide and bone experiments while an inmate of the Ravensbrueck concentration camp. (See Selections from Photographic Evidence of the Prosecution.)

Defense Documents

Doc. No. Def. Ex. No. Description of Document Gebhardt, Gebhardt, Fischer, Extract from affidavit of Dr. 377 Fischer, Oberheuser Ex. 20 Karl Friedrich Brunner, 14 Oberheuser 21 March 1947. Gebhardt, Gebhardt, Fischer, Extract from report on the First 377 Fischer, Oberheuser Ex. 6 Conference East of Consulting Oberheuser 1 Specialists on 18 and 19 May 1942 at the Military Medical Academy, Berlin. Gebhardt, Gebhardt, Fischer, Extracts from report on the 378 Fischer, Oberheuser Ex. 10 Third Conference East of Oberheuser 3 Consulting Specialists on 24 to 26 May 1943 at the Military Medical Academy, Berlin.

Testimony

Extracts from the testimony of prosecution witness Jadwiga Dzido 381 Extracts from the testimony of the prosecution expert witness Dr. 386 Leo Alexander Extracts from the testimony of defendant Gebhardt 388

PARTIAL TRANSLATION OF DOCUMENT NO-228 PROSECUTION EXHIBIT 206

AFFIDAVIT OF DEFENDANT FISCHER, 19 NOVEMBER 1946, CONCERNING SULFANILAMIDE EXPERIMENTS CONDUCTED IN THE CONCENTRATION CAMP RAVENSBRUECK

AFFIDAVIT

I, Fritz Ernst Fischer, having been duly sworn, depose and state under oath:

I am a doctor of medicine, having been graduated from the University of Hamburg. I passed my state examination in 1936. On 13 November 1939 I was inducted into the Waffen SS and after having served with a combat division as medical officer, I was hospitalized and then assigned to the SS hospital at Hohenlychen, as assistant surgeon.

In addition to my normal duties as surgeon at the SS hospital at Hohenlychen, I was ordered by Professor Gebhardt to begin medical experiments in my capacity as assistant surgeon to Professor Gebhardt on or about 12 July 1942. The purpose of the proposed experiments was to determine the effectiveness of sulfanilamide, which I was informed at that time was a matter of considerable importance to military medical circles.

According to the information which I received from Professor Gebhardt, these experiments were directed initially by the Reich Leader SS and the Reich Physician Dr. Grawitz.

Professor Gebhardt instructed me, before the operations were undertaken, on the techniques to be followed and the procedure to be employed. The persons who were to be the subjects of these experiments were inmates of the concentration camp at Ravensbrueck who had been condemned to death.

The administrative procedure which was followed in obtaining the subjects for the experiments was established by Professor Gebhardt with the camp commandant at Ravensbrueck. After the initial arrangements had been made, 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 required, and then he took the matter up with the commandant of the camp, by whom the selections of subjects were made. Before an operation was undertaken, 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 standpoint.

The first of the series of experiments involved five persons. The gangrenous bacterial cultures for use in the experiments were obtained from the Hygiene Institute of the Waffen SS. The procedure followed in the operations was as follows: The subject received the conventional anesthetic of morphine-atropine, then evipan ether. An incision was made 5 to 8 centimeters in length and 1 to 1½ centimeters in depth, on the outside of the lower leg in the area of the peronaeus longus.

The bacterial cultures were put in dextrose, and the resulting mixture was spread into the wound. The wound was then closed and the limb encased in a cast, which had been prepared, 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 itself.

The bacterial cultures used on each of the five persons varied both as to the type of bacteria used and the amount of culture used.

After the initial operations had been performed, I returned to Ravensbrueck each afternoon to observe the progress of the persons who had been operated on. No serious illnesses resulted from these initial operations. I reported the progress of the patients to Professor Gebhardt each night.

When the five persons first operated on were cured, another series of five was begun. The surgical procedure and the post-operative procedure was the same as in the initial experiments, but the bacterial cultures were more virulent. The results from this series were substantially the same as in the first and no serious illnesses resulted.

Since no inflammation resulted from the bacterial cultures used in the first two series of operations, it was determined, as a result of correspondence with Dr. Mrugowsky, the Chief of the Hygiene Institute of the Waffen SS, and conversations with his assistant, to change the type of bacterial culture in the subsequent operations. Using the new culture, two more series of operations were performed, each involving five persons.

The difference between the third and fourth series was in the bacterial cultures used. The Hygiene Institute of the Waffen SS prepared them from separate combinations of the three or four gangrene cultures which were available. In the third and fourth series, more pronounced infection and inflammation were discernible at the place of incision. Their characteristics were similar to a normal, local infection, with redness, swelling, and pain. The circumference of the infection was comparable in size to a chestnut. Upon the completion of the fourth series, the camp physician informed me that the camp commandant had instructed him that male patients would no longer be available for further experiments, but that it would be necessary to use female inmates.

Accordingly, five women were prepared for the operation, but I did not operate on them. I reported the change of situation to Professor Gebhardt and suggested that in view of these circumstances, it would be desirable to stop the experiments. He did not adopt this suggestion, however, and pointed out that it was necessary for me as an officer to carry out the duties which had been assigned to me.

The experiments, however, were interrupted for a period of 2 weeks, during which Professor Gebhardt told me he had discussed the matter in Berlin and had been instructed to carry on the experiments, using Polish female prisoners who had been sentenced to death. In addition, he instructed me to speed up the experiments since the Reich Physician, Dr. Grawitz, intended to go to Ravensbrueck soon to test the results of the experiments. Accordingly, I went to Ravensbrueck and operated on the female prisoners.

Since the infections which resulted from the first four series of experiments were not typical of gangrenous battlefield infections, we communicated with the Hygiene Institute of the Waffen SS to determine what steps could be taken more nearly to simulate infections caused by battle. As a result of this correspondence and a conference at Hohenlychen presided over by Professor Gebhardt, it was decided to add tiny fragments of wood shavings to the bacterial cultures, which would simulate the crust of dirt customarily found in battlefield wounds.

As a result of this conference, three series of operations were performed, each involving 10 persons, one using the bacterial culture and fragments of wood, the second using bacterial culture and fragments of glass, and the third using the culture plus glass and wood.

About two weeks after these new series were begun, Dr. Grawitz visited Ravensbrueck. Professor Gebhardt introduced him to me and explained to him the general nature of the work. Professor Gebhardt then left, and I explained to Dr. Grawitz the details of the operations and their results. Dr. Grawitz, before I could complete my report on the procedures used and the results obtained, brusquely interrupted me and observed that the conditions under which the experiments were performed did not sufficiently resemble conditions prevailing at the front. He asked me literally, “How many deaths have there been?” and when I reported that there had not been any, he stated that that confirmed his assumption that the experiments had not been carried out in accordance with his directions.

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 patients. He ordered that the next series of experiments to be undertaken should be in accordance with these directions. That same evening, I discussed these orders of Dr. Grawitz with Professor Gebhardt and we both agreed that it was impossible to carry them out, but that a procedure would be adopted which would more nearly simulate battlefield conditions without actually shooting the patients.

The normal result of all bullet wounds was a shattering of tissue, which did not exist in the initial experiments. As a result of the injury, the normal flow of blood through the muscle is cut off. The muscle is nourished by the flow of blood from either end. When this circulation is interrupted, the affected area becomes a fertile field for the growth of bacteria; the normal reaction of the tissue against the bacteria is not possible without circulation.

This interruption of circulation usual in battle casualties could be simulated by tying off the blood vessels at either end of the muscle.

Two series of operations, each involving 10 persons, were begun following this procedure. In the first of these, the same bacterial cultures were used as were developed in the third and fourth series, but the glass and wood were omitted. In the other series, streptococci and staphylococci cultures were used. In the series using the gangrenous culture a severe infection in the area of the incision resulted within 24 hours.

Eight patients out of ten became sick from the gangrenous infection. Cases which showed symptoms of an unspecific or specific inflammation were operated on in accordance with the doctrine and manner of septic surgery. The Lexer doctrine formed the basis of the procedure. The technique is that an incision in the area of the gangrene is made, from healthy tissue to healthy tissue on either side. The wound and fascian corners were laid open, the gangrenous blisters swabbed, and a solution of H_{2}O_{2} (hydrogen peroxide) was poured over them. The inflamed extremity was immobilized in a cast. With most patients it was possible to improve the gangrenous condition of the entire infected area in this manner.

In the series in which banal cultures of streptococci and staphylococci were used, the severe resultant infection with accompanying increase in temperature and swelling did not occur until 72 hours later. Four patients showed a more serious picture of the disease. In the case of these patients, the normal professional technique of orthodox medicine was followed as outlined above, and the inflamed swelling split. 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 disease.

The incisions were made on the lower part of the leg only in all series to make an amputation possible. It was not made on the upper thigh because then no area for amputation would remain. However, in this series the inflammation was so rapid that there was no remedy and no amputations were made.

Since after the tying up of the circulation of the muscles, a very severe course of infection was to be expected, 5 grams of sulfanilamide were given intravenously in the amount of 1 gram each, beginning 1 hour after the operation. After the wound was laid open to expose all its corners, sulfanilamide was shaken into the entire area and the area was drained by thick rubber tubes.

The infection normally reached an acute stage over a period of 3 weeks, during which time I changed the bandages daily. After the period of 3 weeks the condition was normally that of a simple wound which was dressed by the camp physicians rather than by me.

The procedure prescribed for the post-operative treatment of the patients was to give them three times each day 1 cc. of morphine, and when the dressings were changed, to induce an esthesia by the use of evipan.

In all the series of experiments, except the first, sulfanilamide was used after the gangrenous infection appeared. In each series two persons were not given sulfanilamide as a control to determine its effectiveness. When sulfanilamide and the bacteria cultures together were introduced into the incision no inflammation resulted.

* * * * *

My behavior towards all patients was very considerate, and I was very careful in the operations to follow standard professional procedure.

In May 1943, on the occasion of the Fourth Conference of the Consulting Physicians of the Wehrmacht, a report was made by Professor Gebhardt and myself as to these operations. This medical congress was called by Professor Handloser, who occupied the position of Surgeon General of the Armed Forces, and was attended by a large number of physicians, both military and civilian.

In my lecture to the meeting I reported on the operations frankly, using charts which demonstrated the technique used, the amount of sulfanilamide administered, and the condition of the patients. This lecture was the focal point of the conference. Professor Gebhardt spoke about the fundamentals of the experiments, their performance and their results, and then asked me to describe the technique. He began his lecture with the following words: “I bear the full human, surgical, and political responsibility for these experiments.”

This lecture was followed by a discussion. No criticism was raised. I am convinced that all the physicians present would have acted in the same manner as I.

Subsequent to my repeated urgent requests, I went to the front as surgeon immediately after this conference. Only after I was wounded did I return as a patient to Hohenlychen. I never entered the Ravensbrueck camp again. I protested vigorously against these experiments on human beings, endeavored to prevent them, and to limit their extension after they had been ordered. In order not to be forced to participate in these experiments, I repeatedly volunteered for front-line service. Insofar as it was in my power, I tried to dissuade Doctor Koller and Doctor Reissmayer from performing these experiments. 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 Ravensbrueck. After I succeeded in scientific discoveries of the highest practical importance, that is, the solution of the cancer problem and its therapy, 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 experiments.

FRITZ ERNST FISCHER

TRANSLATION OF DOCUMENT NO-472 PROSECUTION EXHIBIT 234

AFFIDAVIT OF THE DEFENDANT FISCHER, 21 OCTOBER 1946, SUPPLEMENTING HIS AFFIDAVIT CONCERNING SULFANILAMIDE EXPERIMENTS

* * * * *

3. At the conference of May 1943, which I described on page 12 of my affidavit (last paragraph) the following officials were present to the best of my recollection: Dr. Paul Rostock as chairman of the conference; Dr. Siegfried Handloser, who was then the Chief of the Medical Service of the German Armed Forces, who had sent out the invitations to the meeting; Professor Karl Brandt, who sat in the center of the front row; Dr. Leonardo D. Conti, the Reich Health Leader; Professor Dr. Sauerbruch; Dr. Frey; and Professor Heubner. The Medical Service of the Luftwaffe was represented by Dr. Hippke, who was the Chief of the Medical Service of the Luftwaffe; and by Dr. Oskar Schroeder. The Medical Service of the Waffen SS was represented by its chief, Dr. Karl Genzken. Dr. Helmut Poppendick, who was the Chief of Staff of the Reich Physician SS and Police, and Dr. Grawitz were also present.

* * * * *

5. It was made perfectly clear during the speeches made by Dr. Gebhardt and myself that the experiments were conducted on inmates of a concentration camp.

6. Six months after this, the 10th anniversary of the hospital at Hohenlychen was celebrated. Dr. Karl Brandt, Dr. Siegfried Handloser, Dr. Leonardo D. Conti, and Professor Dr. Sauerbruch were invited to the celebrations.

7. When the sulfanilamide experiments started, I was told by Professor Gebhardt, my military and medical superior, 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 Office, with the initial order from Hitler, and I must therefore carry out these orders.

8. Dr. Herta Oberheuser and Dr. Schiedlausky assisted me in the sulfanilamide experiments.

9. As a result of these experiments, three people died.

[Signed] FRITZ ERNST FISCHER

TRANSLATION OF GEBHARDT, FISCHER, OBERHEUSER DOCUMENT 21 GEBHARDT, FISCHER, OBERHEUSER DEFENSE EXHIBIT 20

EXTRACT FROM AFFIDAVIT OF DR. KARL FRIEDRICH BRUNNER, 14 MARCH 1947

I only heard of the sulfanilamide experiments on human beings at Ravensbrueck after their conclusion through the public report made by Professor Gebhardt and Dr. Fischer before the Third Conference East of Consultant Specialists of 24 and 26 May 1943 at the Military Medical Academy, Berlin. I attended this conference as Stabsarzt in the army from a military reserve hospital in Berlin. Later on I read a report in the directives. Professor Dr. Gebhardt did not speak to us about this point subsequently. On the other hand, the existence of this sulfanilamide experiment was known and was not kept secret, although even foreigners were continuously to be found among the assistants, as, for instance, the Swiss surgeon, Dr. Meyer, during my time.

TRANSLATION OF GEBHARDT, FISCHER, OBERHEUSER DOCUMENT 1 GEBHARDT, FISCHER, OBERHEUSER DEFENSE EXHIBIT 6

EXTRACT FROM REPORT ON THE FIRST CONFERENCE EAST OF CONSULTING SPECIALISTS ON 18 AND 19 MAY 1942 AT THE MILITARY MEDICAL ACADEMY, BERLIN

* * * * *

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 prospects. In stock now in the medical stores are: prontalbin-marfanil powder, prontosil, neo-uleron-albucid, eubasinum, sulfapyridine-cibazol, and eleudron pills.

Traumatic tetanus cannot be prevented by these preparations; tetanus antitoxin must therefore be given as usual.

Chemotherapeutics are not a safe precaution against gas oedemata. The collection of further experiences in this field is especially desirable.

When treating war wounds, an operative arrangement of the wound must first be made by removing the dead tissue and opening all cavities of the wound. Then the remedy is applied with a powder distributor or with dredging boxes, in dosages of from 5-20 grams according to the size of the wound. This is repeated whenever a change of dressing is necessary. Independently of the change of dressing, and spread evenly over the day, the patient is given 8 grams on the first day, 6 grams on the second day, 5 grams on the third day and on each of the fourth, fifth, and sixth days, 4 grams of sulfanilamide preparations per os (if necessary, rectal or intravenous injections). Then the drug treatment is discontinued and started again if necessary. The earlier this treatment is begun the better are its chances.

Local treatment with the available sulfanilamide powders together with an internal treatment with albucid, cibazol, eleudron, eubasinum, globucid (particularly for gas oedema), marfanil-prontalbin, protosil is suggested.

If, in rare cases, secondary reactions occur such as nausea, vomiting, diarrhea, buzzing in the ears, headaches, skin rashes, or icterus, these remedies must be discontinued at once. A blood transfusion may be useful.

* * * * *

PARTIAL TRANSLATION OF GEBHARDT, FISCHER, OBERHEUSER DOCUMENT 3 GEBHARDT, FISCHER, OBERHEUSER DEFENSE EXHIBIT 10

EXTRACTS FROM REPORT ON THE THIRD CONFERENCE EAST OF CONSULTING SPECIALISTS ON 24 TO 26 MAY 1943 AT THE MILITARY MEDICAL ACADEMY, BERLIN

* * * * *

5. SS Gruppenfuehrer and Major General, Professor Gebhardt, and F. Fischer.

Special Experiments on Sulfanilamide Treatment

CONCLUSIONS

“1. The development of suppuration on the soft parts caused by bacteriae cannot be prevented, even if sulfanilamides are applied immediately, locally, or internally.

“2. 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 sulfanilamides. We were of the impression that combined gas gangrene therapy took a milder course under the influence of sulfanilamides.

“3. Surgical measures are indispensable for a successful treatment of inflammations.”

Additional Remarks

The sprinkling of sulfanilamide powder on wounds can be injurious, if, by so doing, the fundamentals of surgery are infringed, if, for instance, the powder basis is not dissolved by the tissue fluids, and if the discharge of secretions is hampered by coagulation. The wounds treated with sulfanilamide powder show a slight tendency to exudation.

Hypothesis of Functions

The inflammation on the mesodermal soft parts shows a tendency towards necrosis at an early stage. The necrosis is the seat of the bacterial culture. Its surroundings show thrombosed vessels. Access to it by chemo-therapeutic reagents is very difficult.

* * * * *

Directives for the Application of Sulfanilamides

Experiments (Gebhardt-Fischer) showed the following results: Even the immediate internal and external application of sulfanilamide preparations cannot prevent a suppuration of the soft parts due to ordinary suppurative organisms. It could not be proved that the course of the inflammatory disease caused by anaerobions is influenced by sulfanilamides. The sulfanilamides seemed to have an easing effect on the course of combined gangrene therapy.

Disorders caused by sulfanilamides (Randerath) are relatively rare. They occur directly as liver disorders including acute yellow liver atrophy, as kidney disorders, and as agranulocytosis. Therefore, as far as is possible under front-line conditions, the white and red blood count should be controlled. The decrease of the body temperature caused by an infection of the central regulatory system may be looked upon as an indirect disorder, so that the temperature curve permits no conclusions as to the development of the wound infection. Furthermore, local powder treatment may lead to an occasional increase in the depth of the wound infection. Direct injury to the tissue at the spot where the preparations were applied was not observed.

The endolumbal application of the sulfanilamides (Mueller) must also be rejected for the treatment of meningitis, since it leads to serious disturbances in the region of the spinal cord and may result in paralysis.

The clinical discourse (Frey) emphasized the decrease of optimistic and the increase of critical opinions. The clinical doctor considers the principal disorders to be anorexia, nausea, and increasing exhaustion. Early application in the wound itself is essential for the efficacy. The enteral or parenteral inducing of sulfanilamide drugs cannot prevent wound infections, but can favorably influence its course.

The following rules for practice therefore result: All surface wounds, that is, grazing shot wounds, sulcus-shaped wounds and large gaping wounds of the soft parts should be sprinkled as soon as possible with sulfanilamide powder. The powder treatment is of no use if the depths of the wound are not reached. It is ineffective to powder the small wounds caused by the penetration and exit of the bullet. The powdering of the skin is senseless and may cause eczema. Deeper wounds must be treated in the quickest and most thorough manner. After this, the wound can be additionally treated with sulfanilamide powder which must reach the deepest cavities. It is not advisable to powder granulating wounds.

If the powder treatment cannot be applied during the first hours or does not seem to suffice, a pororal application of sulfanilamides should take its place or be performed supplementarily. Front-line conditions will not always allow intravenous injections. According to the danger of a wound infection, the wound should be treated for a short time with large doses of sulfanilamides (6-10 grams during 3-4 days, not more than a total of 50 grams). On the whole, small doses are insufficient and therefore have no influence on the course of an infection, but if applied too long they may be injurious. Suitable preparations are preferably eleudron, cibazol, and globucide. If possible, the treatment should be applied by a medical officer.

Wounds endangered by gas oedema—and this means all large and deep muscle wounds—should, in addition to the local and oral treatment with sulfanilamide, also be treated with gangrene serum. At subsequent operations, for example resection of the ribs, empyema of the chest, secondary sutures, and late amputations, the new wound caused by the operation may be powdered adequately with sulfanilamides when bleeding has stopped.

The thoroughness of the surgical wound treatment should in no way be lessened even by the additional application of sulfanilamides.

Abdominal gunshot wounds can also be treated with sulfanilamide powder (about one tablespoon) or the sulfanilamide may be induced into the abdominal cavity in the form of an emulsion.

EXTRACTS FROM THE TESTIMONY OF PROSECUTION WITNESS JADWIGA DZIDO[40]

DIRECT EXAMINATION

MR. HARDY: Witness, what is your full name?

WITNESS DZIDO: Jadwiga Dzido.

Q. Do you spell that J-a-d-w-i-g-a, last name spelled D-z-i-d-o?

A. Yes.

Q. Witness, you were born on 26 January 1918?

A. Yes.

Q. You are a citizen of Poland?

A. Yes.

Q. Have you come here to Nuernberg voluntarily to testify?

A. Yes.

Q. Would you kindly tell the Tribunal your present home address?

A. Warsaw, Garnoslonska 14.

Q. Witness, are you married?

A. No.

Q. Are your parents living?

A. No.

Q. What education have you received?

A. I finished elementary school and high school at Warsaw. In 1937 I started to study pharmacology at the University of Warsaw.

Q. Did you graduate from the University in Warsaw?

A. No.

Q. What did you do after you had finished school in the University of Warsaw?

A. I started studying pharmacology at the University, and then when I was studying the second year, the war broke out.

Q. What did you do after the war broke out?

A. In 1939 I was working in a pharmacy during the holidays.

Q. Were you a member of the Resistance Movement?

A. In the autumn of 1940 I entered the Resistance Underground.

Q. What did you do in the Resistance Movement?

A. I was a messenger.

Q. Then were you later captured by the Gestapo and placed under arrest?

A. I was arrested by the Gestapo on 28 March 1941.

Q. What happened to you after your arrest by the Gestapo?

A. I was interrogated by the Gestapo in Lublin, Lukow, and Radzin.

Q. And what happened after that?

A. In Lublin, I was beaten while naked.

Q. Did you then receive any further treatment from the Gestapo, or were you released?

A. I stayed in Lublin 6 weeks in the cellar of the Gestapo building.

Q. Then were you sent to the Ravensbrueck concentration camp?

A. On 23 September 1941, I was transported to the Ravensbrueck concentration camp.

Q. Were you told why you were sent to the concentration camp in Ravensbrueck?

A. No, I was not told.

Q. Were you ever given a trial in any German court?

A. Never.

Q. Who sent you to Ravensbrueck concentration camp?

A. All the prisoners in the prison at Lublin were sent there, and I went with them.

Q. Now will you tell the Court, Miss Dzido, in your own words what happened to you after you arrived at Ravensbrueck?

A. When I arrived in the Ravensbrueck concentration camp, I thought that I would stay there till the end of the war. The living conditions in the prison were such that we could not live there any longer. In the camp we had to work, but in the camp it was not so dirty, and there were not so many lice as used to be in the prison.

Q. What work did you do in the camp, Witness?

A. I did physical work inside or outside the camp.

Q. Were you ever operated on in the Ravensbrueck concentration camp?

A. I was operated on in November 1942.

Q. Will you kindly explain the circumstances of this operation to the Tribunal?

A. In 1942 great hunger and terror reigned in the camp. The Germans were at the zenith of their power. You could see haughtiness and pride on the face of every SS woman. We were told every day that we were nothing but numbers, that we had to forget that we were human beings, that we had nobody to think of us, that we would never return to our country, that we were slaves, and that we had only to work. We were not allowed to smile, to cry, or to pray. We were not allowed to defend ourselves when we were beaten. There was no hope of going back to my country.

Q. Now, Witness, did you say that you were operated on in the Ravensbrueck concentration camp on 22 November 1942? [See photographs, pp. 898-908.]

A. Yes.

Q. Now, on 22 November 1942, the day of this operation, will you kindly tell the Tribunal all that happened during that time?

A. That day the policewoman, camp policewoman, came with a piece of paper where my name was written down. The policewoman told us to follow her. When I asked her where we were going, she told me that she didn’t know. She took us to the hospital. I didn’t know what was going to happen to me. It might have been an execution, transport for work, or operation.

Dr. Oberheuser appeared and told me to undress and examined me. Then I was X-rayed. I stayed in the hospital. My dress was taken away from me. I was operated on 22 November 1942 in the morning. A German nurse came, shaved my legs, and gave me something to drink. When I asked her what she was going to do with me she did not give me any answer. In the afternoon I was taken to the operating room on a small hospital trolley. 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 face. I didn’t see the operating room.

When I came back I remember that I had no wound on my leg, but a trace of a sting. From that time I don’t remember anything till January. I learned from my comrades who lived in the same room that my leg had been operated on. I remember what was going on in January, and I know that the dressings had been changed several times.

Q. Witness, do you know who performed the operation upon your leg?

A. I don’t know.

Q. Now, you say that you had dressings changed. Who changed the dressings on your leg?

A. The dressings were changed by Drs. Oberheuser, Rosenthal, and Schiedlausky.

Q. Did you suffer a great deal while these dressings were being changed?

A. Yes, very much.

Q. Witness, 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 on?

A. (Witness points.)

Q. Will you point to the person again that you recognized, Witness?

A. (Witness points.)

Q. And who is that, Witness?

A. Dr. Oberheuser.

MR. HARDY: May we request that the record so show that the witness has identified the defendant Oberheuser?

PRESIDING JUDGE BEALS: The record will so show.

MR. HARDY: Do you recognize anyone else in that dock, Witness?

WITNESS DZIDO: Yes.

Q. Point out who else you recognize, Witness?

A. (Witness points.)

Q. Who is that, Witness?

A. This man I saw only once in the camp.

Q. Do you know who that man is, Witness?

A. I know.

Q. Who is that man, Witness?

A. Dr. Fischer.

MR. HARDY: Will the record so show that the witness has properly identified the defendant Fischer as being at the Ravensbrueck concentration camp?

PRESIDING JUDGE BEALS: The record will so show.

MR. HARDY: Witness, do you have any other details to tell the Tribunal about your operation?

WITNESS DZIDO: (No answer.)

Q. Witness, how many times were you operated on?

A. Once.

Q. When Dr. Oberheuser attended you, was she gentle in her treatment toward you?

A. She was not bad.

Q. Witness, have you ever heard of a person named Binz in the Ravensbrueck concentration camp?

A. I know her very well.

Q. Do you remember what time your friends were called to be operated on in August of 1943?

A. Yes.

Q. Will you kindly tell the Tribunal some of the details there and the names of the persons who were to be operated on?

A. In the spring of 1943 the operations were stopped. We thought that we could live like that till the end of the war. On the 15th of August a policewoman came and called ten girls. When she was asked what for, she answered that we were going to be sent to work. We knew very well that all prisoners belonging to our transport were not allowed to work outside the camp. The chief of the block where we were living was forbidden under capital punishment to let us outside the camp. That’s why we know that it was not true. We didn’t want to let our comrades out of the block. The policewoman came, and the assistants, the overseers, and with them Binz. We were driven out of the block into the street. We stood there in line 10 at a time and Binz herself read off the names of 10 girls. When they refused to go because they were afraid of a new operation and were not willing to undergo a new operation, she herself gave her word of honor that it was not going to be an operation and she told them to follow her.

We remained standing before the block. Then several minutes later our comrades ran to us and told us that SS men have been called for in order to surround them. The camp police arrived and drove our comrades out of the line. We were locked in the block. The shutters were closed. We were 3 days without any food and without any fresh air. We were not given parcels that arrived in the camp at that time. The first day the camp commandant and Binz came and made a speech. The camp commandant said that there had never been a revolt in the camp and that this revolt must be punished. She believed that we would reform and that we would never repeat it. If it were to happen again, she had SS people with weapons. My comrade, who knew German, answered that we were not revolting, 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 much. Then Binz replied: “Death is victory. You must suffer for it and you will never get out of the camp.” Three days later, we learned that our comrades had been operated on in the bunker.

Q. Now, Witness, how many women, approximately, were operated on at Ravensbrueck?

A. At Ravensbrueck 74 women were operated on. Many of them underwent many operations.

Q. Now, you have told us that five died as a result of the operations, is that correct?

A. Yes.

Q. And another six were shot down after the operation, is that correct?

A. Yes.

Q. Do you know why those other six were shot, Witness?

A. I don’t know.

Q. Witness, were any of these victims asked to volunteer for these operations?

A. No.

Q. Were any of them promised freedom if they would submit to operations?

A. No.

Q. When you were operated on, did you object?

A. I could not.

Q. Why?

A. I was not allowed to talk and our questions were not answered.

Q. Do you still suffer any effects as a result of the operation, Witness?

A. Yes.

Q. Were you ever asked to sign any papers with respect to the operation?

A. Never.

Q. When did you finally leave Ravensbrueck?

A. On 27 April 1945.

Q. Have you ever received any treatment since you have left Ravensbrueck in the last year?

A. Yes.

Q. Tell us what treatment you have received.

A. Dr. Gruzan in Warsaw transplanted tendons on my leg.

Q. When did he do that?

A. On 25 September 1945.

Q. Do you have to wear any special shoes, now, Witness?

A. Yes, I should wear them, but I can’t afford to buy them.

Q. What are you doing now, Witness? Are you working now, or what is your occupation?

A. I am now continuing my studies which I started before the war.

Q. I see. I will ask the witness to identify these pictures.

MR. HARDY: This is Document NO-1082_a_, b, and c. I will pass these up to the Tribunal for your perusal. Were these photographs taken of you in Nuernberg in the last day or two, Witness?

WITNESS DZIDO: Yes.

Q. Witness, would you kindly take your stocking and shoe off your right leg, please, and will you step out to the side and show the Tribunal the results of the operations at Ravensbrueck? (Witness complies.) That’s all, Witness, you may sit down.

MR. HARDY: I have no further question on direct examination, your Honor.

PRESIDING JUDGE BEALS: Is there any defense counsel who desires to cross-examine this witness?

DR. SEIDL (counsel for defendants Gebhardt, Oberheuser, and Fischer): I do not want to cross-examine the witness; however, I do not wish the conclusion to be drawn that my clients admit all the statements made by the witness.

EXTRACTS FROM THE TESTIMONY OF THE PROSECUTION EXPERT WITNESS DR. LEO ALEXANDER[41]

DIRECT EXAMINATION

MR. HARDY: Dr. Alexander, have you examined Miss Dzido before today?

WITNESS DR. ALEXANDER: Yes, sir, I did, on several occasions during the last 3 days.

Q. During your examination, did you have X-rays made of the patient’s legs?

A. I did, sir.

MR. HARDY: At this time I will introduce Document NO-1091 which is the X-ray of the witness, Miss Dzido. We will pass two copies to the Tribunal and one copy to the Secretary General. Dr. Alexander, in the course of your diagnosis of these X-rays, will you kindly diagnose this X-ray in English and then repeat in German for the benefit of the defendants?

WITNESS DR. ALEXANDER: Yes, sir.

Q. Doctor, will you identify that X-ray which carried Document NO-1091?

A. Yes. This is the X-ray which included the lower two-thirds of the thigh bone, the femur, and the knee joint, and—

MR. HARDY: I offer this X-ray as Prosecution Exhibit 215.

* * * * *

Q. Doctor, this X-ray you are referring to now is Document NO-1092?

A. This is Document NO-1091. The arrow points to the osteoporotic atrophy of the tibia. Document NO-1092 is the X-ray of the leg. It shows the fibula which is the smaller of the two larger bones of the leg, about in the middle between the area just mentioned under the bracket called “B”. On the side, looking toward the tibia is the osteoperiostitis of the periosteum. This group of marks is particularly severe in the smaller area which I have marked with the bracket “A”, which indicates a smaller area of the shaft of the tibia within the larger area of the disturbance marked as “B”. This alteration is indicative and consists of an ordinary inactive Coxa, which in view of the osteoperiostitis of the periosteum was probably an osteomyelitis process. However, there is no active osteomyelitis at the present examination of the right foot. In pictures 1093 and 1094, it shows arthritic changes of the cuniform navicula joints with narrowing of the joint spaces and increased marginal sclerosis. This has been marked in the X-ray with an arrow pointing to the joint. The other prints are the same. The prints have come out too dark, but it shows the condition clearly in the film.

This arthritis is due to the immobilization of the right foot. Secondary to the muscles and especially the paralysis of the perineal nerve. It is evidently arthritis of an immobilization nature which one sees also by inspection of the patient’s foot.

Q. Doctor, can you determine from your examination——

A. (Interposing) 1094—have I mentioned it?—shows the same as 1093 in a slightly different exposure. The marks are the same pointing to the most marked arthritis between the cuniform navicular joints.

Q. Doctor, in your opinion, from your examination of this patient can you determine what was the purpose of the experiment?

A. It appears that in this experiment a highly infectious agent was implanted, probably without the addition of a bacteria static agent such as sulfanilamide, and for that reason the infection got out of hand and became very extensive.

EXTRACTS FROM THE TESTIMONY OF DEFENDANT GEBHARDT[42]

DIRECT EXAMINATION

DR. SEIDL: The experiments on Polish internees were carried out in such a way that, first of all, three series of experiments were performed on three groups of 12 persons each. Is that correct?

DEFENDANT GEBHARDT: Yes. What I wanted to solve by means of this second experimental group was the task given me in my orders, namely, the testing of the drugs prescribed. I definitely hoped in these experiments, which produced gangrene, that if there was anything in the sulfanilamide drugs, which I had reason to hope, then the advantages connected with one or the other drug would become apparent, and I would be able to discontinue the experiments. Of course, I could not stop at the initial instructions. I really had to go on to a localized and definite infection, and for that there is an internationally known precept, not discovered by us, which is to produce a locus minoris resistentia—that is to say, the place of least resistance—where germs combine with contact substances. So we did not insert dirt, glass, or earth, cruelly; the dirt in the wound was represented by sterile glass silicate; soil and textiles which would enter a wound were replaced by us through sterile cellulose, finely ground. You all know that if you cut yourself and a nonsterile piece of glass remains in the wound, if you do not move the spot, it will heal with the glass inside without any aggravated symptoms. The only effect it has is to produce a catalysis for the germs and a local obstruction to the flow of blood, and possibly to damage a few cells slightly. In other words, we produced inflammation in the safest way possible for such an experiment. That is an unquestionable scientific train of thought in this sphere. We proceeded in just that manner and in addition, we gave our sulfanilamide, or zeibazol 1., eleutron, and nitron. Two control persons, however, were not without protection, because they were taken care of in the old established way.

Now, don’t suggest that I should know the schedule or that there was some schedule regarding the supply of sulfanilamide used. A schedule is always bad in medicine because it is no longer original. One thing is characteristic, however, with sulfanilamides and that is that you give a big dose at the beginning, and here there is a question of whether it is correct to introduce it locally or to leave it open. Someone might mix it, somebody else might have a different combination and that is how we did it. 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 day, or that they are all like this and this now. It states expressly in Thomas’ statement, of course, that any prearranged table for the administration is wrong, and that we also cannot prescribe the correct way to apply these drugs. It was obviously clear that there was a strong impression made by sulfanilamides and, even in the first group, we were astonished to find a certain result, which is useful for the idea as such, but not for practical purposes. Among other things we immediately and simultaneously sprinkled a mixture of germs together with sulfanilamide powder into the wound. That was the only exception made in the first group and it didn’t produce any results at all. Now, if I were a bad scientist then I would have assumed that that, in itself, was a success. No matter whether it was the ultrasepsis or the powder we had used, I would have been satisfied, and I would have said, “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 inflammation.” Only in complete ignorance of wound conditions and war conditions could one adopt that point of view. The disadvantage of the sulfanilamide bag is that a man who is badly shot isn’t in a position to act; he would be lying somewhere badly wounded and not be able to do anything. On the other hand, of course, the position is that the surface of the wound can easily be powdered, but of course not right down to the very bottom of the wound, and we know particularly well that sulfanilamides when applied wrongly in this way have caused injury.

Q. The second group consisted of the 36 women, 3 times 12 women?

A. Yes. Infection, plus contact materials.

Q. Is it true that the Reich Physician SS, Dr. Grawitz, on 3 September 1942, when inspecting Ravensbrueck, demanded that the experimental conditions had to be made more severe in order to create conditions similar to wartime conditions?

A. At the beginning of September, on the basis of my report, I was called to Grawitz to report on the results which might be expected. Grawitz, and as I shall explain later, Stumpfegger, came to me at the beginning of September. Since Grawitz was coming to Ravensbrueck I turned up on the same day, so that Fischer could demonstrate the patients under my protection. That is the impression probably created repeatedly by the testimony of witnesses; they have to wait for a time, and then I say “These are the patients whom I operated on.” I assume the same description was given each time. Grawitz was able to prove to me that the effects were circumscribed and not of a war nature. And he was able to prove to me that I had obtained no clear medical information, only assumptions, and the clinical conditions resulting might perhaps be expected after surgery at home. For another reason, which can be seen from the documents, the argument became rather violent. Grawitz turned to Fischer, who presented the cases to him. At any rate he then said, unfortunately, that a speedy clarification had to be reached and that wounds similar to combat wounds had to be created, that is, a gunshot wound infected by earth and matter. Of course, I did not accept these conditions and I looked for some way to get the experiment into my own hands so that, using all safeguards, a higher degree of infection might be brought about, and the cases might still remain under my control. I did not want to give up and say, “I have not reached any conclusion,” thereby impliedly giving permission for wounds similar to combat wounds to be inflicted elsewhere. And so we arrived at the idea of tying off the arteries of the third group, which is also a customary means of bringing about a locus minoris resistentiae in international experimental technique.

Q. You did not carry out the order then?

A. No.

Q. Then how were the experiments continued in order to create severe local inflammation in warlike wounds?

A. We kept to our old technique, the infusion, that is an incision on the outer side of the calf far from the joint, where it is not under pressure, and where the cast does not hurt it. In other words, we chose the most suitable place according to all medical considerations. Then we administered the infection in a place where the circulation of the blood had been reduced.

* * * * *

Q. What do you know about the deaths, and why was there no amputation in these cases?

A. I believe that I can remember the three deaths very well. 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 of. It was not that Fischer or I overlooked an amputation, and it is certainly not true that an amputation can save the life of the patient in all cases of gangrene. As I remember the case histories, the most serious patient had a large abscess on the hip. Probably the corresponding glands had been affected. The infection on the calf and the abscess on the hip—what can I amputate? One can amputate when the infection is limited to the calf. We did not have such cases because we forced the infection to the place where we wanted it, but we were not able to prevent the infection spreading to a different area and running into the blood vessel as does happen occasionally. There are infections of the veins, and then the patient dies suddenly, and it is a definite risk to perform an operation because the power of resistance is on the borderline, hanging by a hair. If we perform such major operations to save the patient’s life, then you may assume that we would have undertaken an amputation, or would you assume that a surgeon of my experience does not know when he has to amputate? Unfortunately that is the first thing that an operative surgeon like Fischer learns in wartime, to amputate in time.

As far as I remember, the deaths were from an abscess of the glands, an inflammation of the veins, an inflammation of the blood vessels, and one died from general sickness, in spite of all transfusions. This happens in cases of infection when there is no possibility of stopping the infection by local surgery. But one cannot conclude that any medical measures which should have been taken were overlooked, 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 on. I am convinced that in these three cases which Fischer reported to me exactly, which I saw, and in which the therapy was discussed, that we certainly did not overlook anything. As far as one can humanly say, we did what we considered necessary.

I wanted to publish this result or to report it to the public from the beginning. Therefore, it was obvious from the very beginning, if you did not assume that I had any humane or surgical motives, that I did everything in order to be able to publish the results.

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[40] Complete testimony is recorded in mimeographed transcript, 20 December 1947, pp. 838-847.

[41] Complete testimony is recorded in mimeographed transcript, 20 Dec. 1946, pp. 848-855.

[42] Complete testimony is recorded in mimeographed transcript, 4, 5, 6, 7, 10 Mar. 47, pp. 3931-4256.

6. BONE, MUSCLE AND NERVE REGENERATION AND BONE TRANSPLANTATION EXPERIMENTS

a. Introduction

The defendants Karl Brandt, Handloser, Rostock, Gebhardt, Rudolf Brandt, Oberheuser, and Fischer were charged with special responsibility for and participation in criminal conduct involving experiments on bone, muscle, and nerve regeneration and experiments on bone transplantation (par. 6 (F) of the indictment). During the trial, the prosecution withdrew this charge in the case of Rudolf Brandt. On this charge the defendants Gebhardt, Oberheuser, and Fischer were convicted and the defendants Karl Brandt, Handloser, and Rostock were acquitted.

The prosecution’s summation of the evidence on these experiments is contained in its final brief against the defendant Gebhardt. An extract from this brief is set forth below on pages 392 to 396. A corresponding summation of the evidence by the defense on these experiments has been selected from the final plea for the defendant Gebhardt. It appears below on pages 396 to 399. This argumentation is followed by selections from the evidence on pages 400 to 418.

b. Selection from the Argumentation of the Prosecution

EXTRACT FROM THE CLOSING BRIEF AGAINST DEFENDANT GEBHARDT

Bone, Muscle, and Nerve Regeneration, 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 experiments. (Tr. p. 1458.)

The defendant Fischer made the following statement about these experiments in his affidavit:

“After the arrival of Doctor Stumpfegger from general headquarters in the fall of 1942, Professor Gebhardt declared before some of his co-workers that he had received orders to continue with the tests at Ravensbrueck on a larger scale. In this connection, questions of plastic surgery which would be of interest after the end of the war should be clarified. Doctor Stumpfegger was supposed to test the free transplantation of bones. Since Professor Gebhardt knew that I had worked in preparation for my habilitation at the university on regeneration of tissues, he ordered me to prepare a surgical plan for these operations, which, after it had been approved he directed me to carry out immediately. Moreover, Doctor Koller and Doctor Reissmayer were ordered to perform their own series of experiments. Professor Gebhardt was also considering a plan to form the basis of an operative technique of remobilization of joints. Besides the above, Doctors Schulze and Schulze-Hagen participated in this conference.

“Since I knew Ravensbrueck I was ordered to introduce the new doctors named above to the camp physician. I was specially directed to assist Doctor Stumpfegger, since, as physician on the staff of Himmler, he would probably be absent from time to time.

“I had selected the regeneration of muscles for the sole reason because the incision necessary for this purpose was the smallest. The operation was carried out as follows:

“Evipan and ether were used as an anaesthetic, and a 5 centimeter longitudinal incision was made at the outer side of the upper leg. Subsequent to the cutting through the fascia, a piece of muscle was removed which was the size of the cup of the little finger. The fascia and skin were enclosed in accordance with the normal technique of aseptic surgery. Afterwards a cast was applied. After 1 week the skin wound was split under the same narcotic conditions, and the part of the muscle around the area cut out was removed. Afterwards the fascia and the sewed-up part of the skin were immobilized in a cast.” (NO-228, Pros. Ex. 206; Tr. p. 774.)

The responsibility of the defendant Gebhardt for these experiments is also proved by the affidavit of Oberheuser. She stated:

“The experiments with bone transplantations were carried out, as far as I can remember, at the end of 1942 and beginning of 1943 by Dr. Stumpfegger of Hohenlychen. I helped Dr. Stumpfegger in the same way as I helped Dr. Fischer with the sulfanilamide experiments, and as I have described already in paragraph 4 of this affidavit. Before the operation I had to examine, as in the other case, the condition of health of the selected persons. The operations consisted of the removal and transplantation of a piece of the bone from the tibia. Fifteen to twenty persons were used for these experiments.

“The persons necessary for these experiments were requisitioned by Dr. Schiedlausky from the camp commander.

“Dr. Karl Gebhardt was in charge of the sulfanilamide experiments and bone transplantations. I do not know whether he himself performed operations of this type. But I know that all these experiments were performed under his direction and supervision and upon his instructions. He was assisted by the doctors already mentioned, Dr. Fischer and Dr. Stumpfegger, and also by Drs. Schiedlausky and Rosenthal. Also only healthy Polish prisoners were used for these experiments.

“I cannot remember that a single one of the experimental subjects used was pardoned after the completion of the experiments.” (NO-487, Pros. Ex. 208.)

The witness Maczka, a graduate of the Medical School of the University of Krakow and a practicing physician, testified that in the course of her duties as X-ray technician in the Ravensbrueck concentration camp she had occasion to observe approximately 13 cases in which experimental operations were performed on the bones of inmates. There were three kinds of bone operations—fractures, bone transplantations, and bone splints. Some of the Polish girls were operated on several times. In the case of Krystyna Dabska, Maczka took X-ray pictures of both legs and discovered that small pieces of the fibulae had been removed. In the case of one leg the periosteum had also been taken out. Zofia Baj was operated on in a similar manner. Janina Marczewska and Leonarda Bien were subjected to the bone fracture experiments. The tibia was broken in several places and in the case of one of the girls, clamps were applied while in the case of the other they were not. These operations impeded the locomotion of the girls operated on. Bone incision operations were performed on Barbara Pietczyk, a Polish girl 16 years old. She was operated on six times. During the first operation incisions were made in each tibia. During a later operation pieces of the tibia were cut out where incisions had been previously made. Maczka took an X-ray of the pieces of tibia that were removed. As a result of these bone operations, Maczka observed the development of two cases of osteomyelitis, Maria Grabowska and Maria Cabaj. (Tr. pp. 1445-7.)

A rather large group of muscle experiments were performed. Here again multiple operations were carried out on the same subject. Gledziewjowska was operated on most frequently. During the first operation certain muscles were removed and during subsequent operations additional pieces were cut out, always at the same place, so that the legs got thinner and weaker all the time. (Tr. p. 1447.)

Transplantation of whole limbs from one person to another was also carried out. Maczka testified that about 10 feeble-minded inmates were selected, taken to the hospital and prepared for operation. She knew personally that at least two of these persons were operated on. One case was a leg amputation. Following this operation, the experimental subject was killed and placed in a special room where the dead were kept. Maczka was able to observe the corpse and saw that there was only one leg. In the second case an abnormal woman was operated on by Dr. Fischer. When he left the operating room he carried with him a bundle wrapped up in linen about the size of an arm. He took this away with him. The prison nurse, Quernheim, informed Maczka that the whole arm with shoulder blade was removed from this woman. (Tr. p. 1448.)

The amputation of the arm and shoulder blade mentioned by Dr. Maczka obviously refers to the transplantation performed on the patient Ladisch at Hohenlychen. As to this, the defendant Fischer stated in his affidavit as follows:

“As a disciple of Lexer, Gebhardt had already planned long ago a free heteroplastic transplantation of bone. In spite of the fact that some of his co-workers did not agree, he was resolved to carry out such an operation on the patient, Ladisch, whose shoulder joint was removed because of a sarcoma.

“I and my medical colleagues urged professional and human objections up until the evening before the operation was performed, but Gebhardt ordered us to carry out the operations. Dr. Stumpfegger, in whose field of research this operation was, was supposed to perform the removal of the scapula at Ravensbrueck and had already made initial arrangements for it. However, because Professor Gebhardt required Doctor Stumpfegger to assist him in the actual transplantation of the shoulder to the patient Ladisch, I was ordered to go to Ravensbrueck and perform the operation of removal on that evening. I asked Doctors Gebhardt and Schulze to describe exactly the technique which they wished me to follow. The next morning I drove to Ravensbrueck after I had made a previous appointment by telephone. At Hohenlychen I had already made the normal initial preparation for an operation, namely, scrubbing, etc., merely put on my coat, and went to Ravensbrueck and removed the bone.

“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 transplanted. In this manner the period between removal and transplantation was shortened. At Hohenlychen the bone was handed over to Professor Gebhardt, and he, together with Doctor Schulze and Doctor Stumpfegger, transplanted it.” (NO-228, Pros. Ex. 206.)

Gebhardt admitted that he, together with Stumpfegger, personally performed the bone transplantation operation on Ladisch. He testified further that Fischer only removed the scapula, shoulder blade, from the Polish female inmate at Ravensbrueck. (Tr. p. 4235.) It is impossible to raise the arm above the horizontal if the scapula has been removed. (Tr. p. 4235.) Gebhardt further admitted that Stumpfegger reported to him on the bone experiments in Ravensbrueck concentration camp. (Tr. p. 4235.)

The affidavit of Gustawa Winkowska corroborates the testimony of Maczka concerning the transplantation of whole limbs and establishes that the experimental subjects were later killed. (NO-865, Pros. Ex. 231.)

The witness Karolewska was a subject in both the sulfanilamide and bone experiments. (Tr. pp. 833, 836-7.) She was operated on a total of six times. The first operation was conducted on 14 August 1942 by Fischer. (Tr. p. 819.) Gebhardt inspected her early in September. (Tr. p. 821.) She was sent back to her block on 8 September 1942, but was unable to walk and remained in bed for a week. On 16 September 1942 she was again taken to the hospital and operated on for the second time by Fischer. (Tr. pp. 821-2.) She left the hospital on 6 October 1942 and remained in bed for several weeks. Her leg did not heal until June 1943 (Tr. pp. 822-3). She filed a written protest with the camp commander, together with other experimental subjects in February 1943. In August 1943 she was operated on literally by force in the bunker at Ravensbrueck. Both her legs were cut open. These operations were carried out on five other Polish girls under indescribably filthy conditions. On 15 September 1943 a further operation was performed on her right leg by a doctor from Hohenlychen. Two weeks later her left leg was operated on and pieces of the shinbone were removed. She stayed in the hospital for 6 months—until the end of February 1944. (Tr. pp. 828-9.) Karolewska identified the defendants Gebhardt, Fischer, and Oberheuser as having participated in the experiments on her. (Tr. pp. 818, 830.)

The defendant Fischer participated in these experiments until at least 23 February 1943. On that date he carried out a second operation on Zofia Baj. (NO-871, Pros. Ex. 227.)

The most disgusting series of operations were those carried out in August 1943 in the bunker. The Polish girls selected had revolted and refused to report to the hospital. The barrack block in which they had barricaded themselves was then surrounded by male guards who carried these women off forcibly to the camp prison, known as the Bunker, where they were held down by these male guards and forcibly anaesthetized without any pre-operative care, and with their bodies still in a filthy condition from walking around the camp. The experimental subject Piasecka stated in her affidavit as follows:

“I resisted and hit Trommer in the face and called him a bandit. He called some SS male guards who threw me on the floor and held me down while ether was poured over my face. There was no mask. I fought and resisted until I lost consciousness. I was completely dressed and my legs were filthy dirty from walking in the camp. As far as I know my legs were not washed. I saw my sister during this time unconscious on a stretcher, vomiting mucous.” (NO-864, Pros. Ex. 229)

Piasecka stated that this operation was carried out by Dr. Villmann who was an assistant doctor at Hohenlychen. A few weeks later two other assistant doctors to Gebhardt came and operated on her right leg. (NO-864, Pros. Ex. 229.)

In his testimony Gebhardt attempted to disassociate himself from these experiments. He admitted however that he received information from Stumpfegger about the experiments. (Tr. pp. 4082, 4087-9.) Stumpfegger was a former assistant of Gebhardt’s and he stayed at Hohenlychen during the course of these experiments. Fischer assisted Stumpfegger and Gebhardt. (Tr. pp. 4230, 4090.) It is further established by Fischer’s own affidavit that the plan for the experiments was worked out with the knowledge and approval of Gebhardt.

c. Selection from the Argumentation of the Defense

EXTRACT FROM THE FINAL PLEA FOR DEFENDANT GEBHARDT[43]

The Experiments Concerning Bone, Muscle, and Nerve Regeneration and Bone Grafting

The defendant Gebhardt is also charged in the indictment with particular responsibility in the experiments, whose object according to the indictment was the examination of the conditions under which the regeneration of bones, muscles, and nerves resulted, and under what conditions the grafting of bones was possible.

With regard to the general reasons why there can be no question of guilt, I refer to the statements I have already made in connection with the sulfanilamide experiments. These experiments, too, were occasioned by conditions of war and were to open up new ways of treating seriously wounded persons.

The evidence, however, has shown that the defendant Gebhardt, with a single exception, had nothing to do with these experiments. These experiments, insofar as they were concerned with the regeneration and grafting of bones, were carried out by Sturmbannfuehrer Dr. Stumpfegger. It is correct that Dr. Stumpfegger was assistant doctor in the clinic in Hohenlychen before the war, and to that extent subordinate to its chief doctor, Dr. Gebhardt. Dr. Stumpfegger, however, left in the early years of the war, and in the year 1942 became consulting physician to Reich Leader SS Himmler and later consulting physician to Hitler. The experiments carried out by him in Ravensbrueck were carried out on his own responsibility, and upon direct orders from the Reich Leader SS Himmler. Dr. Stumpfegger at that time was neither under the military nor the medical supervision of the defendant Karl Gebhardt. For the remainder, Dr. Stumpfegger limited himself to carrying out experiments in the removal and grafting of so-called bone splinters, the exact number of which can no longer be determined now, but which certainly did not exceed six to eight. These were aseptic operations, which constituted no danger to the life of the experimental subjects. The evidence has shown that the experimental subjects from whom the bone splinters were removed suffered no reduction in the function of their limbs. Besides, 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 Gebhardt.

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 pardon, and so to escape execution. In view of the fact that no direct responsibility for these experiments falls on the defendant Gebhardt, it is not necessary to go into the purpose of these experiments further at this time. It should, however, be emphasized once more that the experiments were to open up new possibilities in wartime surgery and restorative surgery on the wounded. In 1944, Dr. Ludwig Stumpfegger published the results of his experiments in the periodical for surgery the editor of which was Geheimrat Dr. Sauerbruch (vol. 259, issue 9-12) and this article was also made available to the public in book form. I have submitted to the Court (Gebhardt, Fischer, Oberheuser 6, Gebhardt, Fischer, Oberheuser Ex. 9) a review of this work in the periodical, “Clinic and Practice” of February 1946 and refer to this for the details.

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 them, and if the experiments had taken place at his behest or under his medical supervision. There would have been little reason to deny this responsibility since the experiments concerned were completely without danger; they resulted in no reduction of the function of the limbs, and, moreover, no fatalities occurred. Furthermore, corresponding to the general practice in Germany, the work of Dr. Stumpfegger under the scientific responsibility of the defendant Gebhardt would have been made public if he had been directly concerned with the experiments, and if they had been carried out under his scientific supervision. 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 Gebhardt. It even seems doubtful that any such experiments were ever carried out in Ravensbrueck. 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 experiments. There was no point in carrying out such experiments as, long before the war, the surgical technique had already been developed on scientific principles and set down in a system. It covers plastic surgical bone regeneration but does not advocate free transplantation.

The only new field of scientific research taken up by Dr. Gebhardt during the war was that of experiments connected with nerve operations. These experiments were, however, carried out on animals by the special order and under the scientific supervision of the defendant Gebhardt himself. I am here referring to the affidavits given by the witnesses Koestler (Gebhardt, Fischer, Oberheuser 22, Gebhardt, Fischer, Oberheuser Ex. 21) and Brunner (Gebhardt, Fischer, Oberheuser 21, Gebhardt, Fischer, Oberheuser Ex. 20), and to the statements made by the defendant Gebhardt himself on the witness stand. I am further referring to the report of the Third Session East of the Consulting Specialists on 24-26 May 1943 (Gebhardt, Fischer, Oberheuser 3, Gebhardt, Fischer, Oberheuser Ex. 10) which I have presented in Court and which proves that during this session he himself and the aforementioned witness, Dr. Koestler, spoke about grafting operations in cases of nervous paralysis. This is the same report to which the witness Dr. Koestler referred in his affidavit of 27 February 1947.

Furthermore, I wish to draw the attention of this Court to the lecture given by the defendant Gebhardt in the same report on “Gymnastic Therapy and Mobilization of the Joints” which is also based upon clinical experience in Hohenlychen and also has nothing whatever to do with medical experiments on human beings. The evidence has further proved that the defendant Gebhardt was concerned with the transplantation of bones in one case only. This experiment was the free transplantation of a shoulder blade from one person to another. The defendant Gebhardt has given a detailed account of this on the witness stand and I am referring you to his statement on this point. Generally speaking, the following has to be added: The free transplantation of bones from one person to another is one of the great problems of restorative surgery which has yet to be solved. For decades, physicians have been trying to find a solution to this problem. As early as the end of the First World War, Geheimrat Lexer, the great teacher of the defendant Gebhardt, conducted experiments along these lines in 23 cases, aiming at the replacement of completely destroyed bones. The terrible injuries which occurred during the Second World War made this problem still more urgent and it is, therefore, understandable that in view of the progress Dr. Stumpfegger had made in his research, he was ordered by the Reich Leader SS to make use of this research result in the direct transplantation of bones. The defendant Gebhardt himself did not take any steps in this direction. He himself has stated his fundamental attitude as to this question and I refer to his own statements. Only in one case did he give his approval, viz: when Dr. Stumpfegger carried out the experiment of transplanting a shoulder blade. The order to do this was given by the Reich Leader SS. This experiment was justified in this particular case as it took place for the benefit of a patient in serious danger. The experimental person from whom the shoulder blade was taken was also a member of the resistance movement and she, too, thus escaped execution. Furthermore, the shoulder blade in question belonged to a hand restricted in its function.

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d. Evidence

Prosecution Documents

Doc. No. Pros. Ex. No. Description of Document Page NO-875 230 Affidavit of Mrs. Zdenka 400 Nedvedova-Nejedla, M. D., of Prague, concerning experimental operations conducted on fellow inmates at Ravensbrueck concentration camp. NO-861 232 Affidavit of Sofia Maczka, 16 402 April 1946, concerning experimental operations on inmates of the Ravensbrueck concentration camp. NO-579 288 Phosphorous burns artificially 904 inflicted on inmates of the Buchenwald concentration camp. (See Selections from the Photographic Evidence of the Prosecution.)

Defense Documents

Doc. No. Def. Ex. No. Description of Document Page Gebhardt, Gebhardt, Fischer, Extract from “Clinic and 405 Fischer, Oberheuser Ex. 9 Practice”, weekly journal for Oberheuser 6 the practicing physician, regarding bone transplantation. Gebhardt, Gebhardt, Fischer, Extracts from affidavit of Dr. 407 Fischer, Oberheuser Ex. 20 Karl Friedrich Brunner, 14 Oberheuser 21 March 1945, concerning scientific experiments conducted at the clinic of Hohenlychen. Gebhardt, Gebhardt, Fischer, Extract from affidavit of Dr. 408 Fischer, Oberheuser Ex. 21 Josef Koestler, 27 February Oberheuser 22 1947, concerning Dr. Gebhardt’s activities.

Testimony

Extracts from the testimony of prosecution witness Miss Karolewska 409 Extract from the testimony of the prosecution expert witness Dr. Leo 417 Alexander.

TRANSLATION OF DOCUMENT NO-875 PROSECUTION EXHIBIT 230

AFFIDAVIT OF MRS. ZDENKA NEDVEDOVA-NEJEDLA, M. D., OF PRAGUE, CONCERNING EXPERIMENTAL OPERATIONS CONDUCTED ON FELLOW INMATES AT RAVENSBRUECK CONCENTRATION CAMP

1. I, Zdenka Nedvedova-Nejedla, M. D. came to Ravensbrueck concentration camp in a transport from Auschwitz on 19 August 1943, and I worked in the sick bay as a doctor prisoner from September 1943 until 30 May 1945. In the beginning I worked in the Department for Contagious Diseases at Station No. 1 and the Ambulatory. Besides this, I was in charge of Sucking Block from the fall of 1944 until May 1945.

2. Of the victims of experimental operations, I nursed personally Helena Piasecka, who was suffering from chronic osteomyelitis after completed operation of both shin bones. I knew that these operations were performed under Professor Gebhardt’s supervision by Doctor Fischer, and a woman, Doctor Oberheuser, from the SS Hospital Hohenlychen, but I do not know which one of them had operated on Piasecka. The operation was performed in the “bunker,” camp prison, where there were not even the most primitive sanitary installations and even fewer aseptic installations. Her general condition was good, but the defect in both bones made her an invalid for life. Before the operation Piasecka was completely healthy.

3. All women on whom experimental operations had been performed were placed in one block and they were generally known as “rabbits,” so that I saw the effects of the operations on those women who had survived them. In each case of abbreviation of limbs, muscular atrophy of the highest degree set in, proving a grave injury of nerves during operations and deep indrawn scars where parts of muscles had festered away.

4. From lay reports of nursing personnel without any special training, I tried to construct the types of experimental operations.

a. Culture of virulent germs (streptococci, staphylococci, maybe even tetanus and gas phlegmon) were injected subcutaneously, intramuscularly, and even directly into bones. These were the attempts to produce osteomyelitis experimentally. The resulting sepsis was checked by daily examination of the blood and urine to test the effectiveness of new medicaments of the sulfanilamide group.

b. Parts of long bones, as much as 5 centimeters (fibulae and tibiae), were removed and in some cases replaced by metal or left without connection. These operations were probably to prove the inability of bone to grow without periosteum.

c. High amputations were performed; for example, even whole arms with shoulder blade or legs with osiliaca were amputated. These operations were performed mostly on insane women who were immediately killed after the operation by a quick injection of evipan. All specimens gained in operations were carefully wrapped up in sterile gauze and immediately transported to the SS hospital nearby (Hohenlychen presumably), where they were to be used in the attempt to heal the injured limbs of wounded German soldiers.

5. Operations were performed on 1 Yugoslav, 1 Czech, 2 Ukrainian, 2 German, and about 18 Polish women, of whom 6 were operated on by force in the bunker with the help of SS men. Two of them were shot after their operation wounds had healed. After operations, no one except SS nurses was admitted to the persons operated on, whole nights they lay without any assistance and it was not permitted to administer sedatives even against the most intensive postoperational pains. From the persons operated on, 11 died or were killed, and 71 remained invalids for life.

6. The report mentioned in paragraphs 3 to 5 was prepared on the basis of evidence given to me at Ravensbrueck in the autumn of 1943 by these fellow prisoners: Sofia Maczka, M. D., Poland; Isa Siczynska, medical student, Krakow, Poland; Jola Krzyzanowska, medical student, Krakow, Poland; Krisa Iwanska, medical student, Krakow, Poland; Emilie Skrbkova, medical student, Praha, Czechoslovakia; and Inka Katnarova, M. D., Hradec Kralove, Czechoslovakia.

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TRANSLATION OF DOCUMENT NO-861 PROSECUTION EXHIBIT 232

AFFIDAVIT OF SOFIA MACZKA[44], 16 APRIL 1946, CONCERNING EXPERIMENTAL OPERATIONS ON INMATES OF THE RAVENSBRUECK CONCENTRATION CAMP

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Information concerning the experimental operations which took place in Ravensbrueck concentration camp.

The operations were carried out in the period between the summer of 1942 and the summer of 1943. The operations were conducted in the camp hospital, under the direction of Professor Dr. Gebhardt, SS Brigadefuehrer. Professor Gebhardt was the head of the Hohenlychen sanatorium at Hohenlychen (Mecklenburg). The operations were conducted with the help of Dr. Fischer, who was Professor Gebhardt’s assistant. There was also another assistant whose name I do not know. The following camp doctors participated in this matter: Dr. Herta Oberheuser, Dr. Rolf Rosenthal, Dr. Schiedlausky; all German nurses who were employed there at the time and two German prisoners (Schutzhaftgefangene), Gerda Quernheim and Fina Pautz, gave assistance. Polish political prisoners in protective custody, from the transports from Warsaw and Lublin, numbering 74, were chosen as victims. All those who were chosen were young, healthy, and well-built women. Many were college or university students. The youngest was 16 years of age, the oldest 48 years of age. The operations were to be carried out for scientific purposes, but they had nothing to do with science. They were carried out under horrible conditions. The doctors and the assisting personnel were not trained properly medically. Conditions were neither aseptic nor hygienic. After operations, the patients were left in shocking rooms without medical help, without nursing or supervision. The dressings were made according to the whim of the doctors with unsterilized instruments and compresses. Dr. Rosenthal, who did most of the dressings, excelled himself in sadism. In the summer of 1943 the last operations were carried out in the “bunker”. “Bunker” is the name of the horrible prison in the camp. The victims were taken there because they resisted, and there in the cell their dirty legs were operated on. This was the “scientific atmosphere” in which the “scientific” operations were carried out.

All operations were carried out on the leg and all under anesthetic. The operations were divided into two main groups:

1. Operations for infecting the patient.

2. Experimental aseptic operations.

The soft part of the calf of the leg was opened and the open wounds were infected with bacteria which were introduced into the wounds. The following were used: staphylococcus aureus, oedema malignum (clostridium oedematis maligni), gas gangrene bacillus (clostridium perfrim gens), and tetanus. Weronika Kraska was infected with tetanus. She died after a few days. Kazimiera Kurowska was infected with gas gangrene bacillus; she died after a few days. The following were infected with oedema malignum: Aniela Lefanowicz, Zofia Kiecol, Alfreda Prus, and Maria Kusmierczuk. The first three died after a few days; Maria Kusmierczuk survived the infection. She was lying ill for more than a year and became a cripple, but she is alive and is living evidence of the experiments. Mostly pyrogen stimulants were employed. The wounds were stitched after the infection and serious illness began. Many of the patients were ill for months and almost all of them became cripples.

Why did Professor Gebhardt, with his education, carry out these experiments? To test the new drugs of the German pharmaceutical industry; mostly cibazol and albucid were used. Even tetanus was treated in that way.

The results of the treatment were not checked, or if they were, it was done in such an inadequate and superficial manner, that it was of no value.

The aseptic, experimental operations consisted of bone experiments, muscle experiments, and nerve experiments.

The bone experiments were checked by X-ray photographs. As ward attendant I had to do all the X-ray photographs. In this way I was given the opportunity of gaining an insight in this matter. The following were carried out: (a) bone breaking; (b) bone transplantation; and (c) bone grafting.

a. On the operating table, the bones of the lower part of both legs were broken into several pieces with a hammer, later they were joined with clips (for instance Janiga Marczewska) or without clips (for instance Leonarda Bien) and were put into a plaster case. This was removed after several days and the legs remained without plaster casts until they healed.

b. The transplantations were carried out in the usual way, except that whole pieces of the fibula were cut out, sometimes with periosteum, sometimes without periosteum. The most typical operation of this kind was carried out on Krystyna Dabska.

c. Bone grafting. These operations were with the school of Professor Gebhardt. During the preparatory operation two bone splints were put on the tibia of both legs; during the second operation such bone splints were cut out together with the attached bones and were taken to Hohenlychen. 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 type. These two were not Poles, one of them was a German who was a Jehovah’s Witness, Maria Konwitschka, and the other was a Ukrainian, Maria Hretschana. It was interesting for Professor Gebhardt to see how the diseased bones would react to such an operation.

The muscle experiments consisted of many operations, always on the same spot, the upper or lower part of the leg. At each further operation larger and larger pieces of muscles were cut out. Once a small piece of bone was planted into a muscle (this happened to Babinska). During nerve operations parts of nerves were removed (for instance Barbara Pytlewska).

What problem did Professor Gebhardt and his school wish to solve by these experiments? The problem of the regeneration of bones, muscles, and nerves.

Was the thing carried out? No. It was not checked at all, or only insufficiently. I do not know what was done at Hohenlychen with those pieces of bone, muscle, and nerves which were cut out and taken there.

What was the fate of the patients after they left the hospital? Almost all of the patients became cripples, and suffered very much as a result of these operations. 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 operations. The camp authorities—Commandant Suhren, Adjutant Braeuning and Chief Supervisor Binz—ensured through their orders that the victims should not forget that they were condemned to death. In the meantime, six of the patients were shot after surviving the operations.

* * * * *

As a supplement to these operations I am submitting a description of “special operations” which were carried out at the same time.

A few abnormal prisoners (mentally ill) were chosen and brought to the operating table, and amputations of the whole leg (at the hip joint) were carried out, or on others, amputation of the whole arm (with the shoulder blade) were carried out. Afterwards the victims (if they still lived) were killed by means of evipan injections and the leg or arm was taken to Hohenlychen and served the purposes known to Professor Gebhardt. Ten such operations, approximately, were carried out.

During the whole of the time these operations were carried out, I was employed as a worker in the ward and investigated this matter risking my own life, with the idea that it was my duty, if I were saved, to tell the truth to the world. I conclude my statement with two questions: What kind of recompense can the world offer to those who were operated on in such a manner? What kind of justice has the world for those who carried out such operations?

[Signed] DR. MACZKA, ZOFIA Dr. med. Zofia Maczka X-ray specialist from Krakow. Former political prisoner in protective custody No. 7403 at Ravensbrueck, now in Stockholm, Serafimerlasarettet, Roentgen.

Stockholm, 16 April 1946

TRANSLATION OF GEBHARDT, FISCHER, OBERHEUSER DOCUMENT 6 GEBHARDT, FISCHER, OBERHEUSER DEFENSE EXHIBIT 9

EXTRACT FROM “CLINIC AND PRACTICE”, WEEKLY JOURNAL FOR THE PRACTICING PHYSICIAN, REGARDING BONE TRANSPLANTATION

Editors: Dr. Herbert Volkmann and Dr. V. E. Mertens, Munich 2, Alfonsstrasse 1

No. 1 Munich, February 1946 Volume 1

[page 12]

Discussions and extracts

[page 14]

Surgery

Ludwig Stumpfegger—Hohenlychen: The free autoplastic bone transplantation in the restorative surgery of limbs—experiences and results.

During the past 10 years, 471 free autoplastic bone transplantations were carried out in Hohenlychen. Recent research results clearly showed that apart from the osteoplastic activity, a metaplastic formation of new bone occurs in the tissue. The newly formed bone trabeculae between transplant and old bone begin to connect with those formed in the osteoid tissue in the seventh week, and in this way constitute the bone connection between the graft and the original bone which have completely grown together in the ninth week. After the twelfth week no old bone can be detected in the entire region of the original graft, but only new bone trabecula. The question of the ever present hematoma can be answered in this way: a blood extravasation, lying in the gap between the transplant and the old bone, and not being subject to pressure, represents an adequate stimulation to the mesenchymal germinal tissue formation, while the large hemorrhage represents a negative stimulation and permits only a scarry connection of the transplant and the defective stump. The periosteum is no more important than the other layers, it is transplanted with the bone, because in connection with the bone it has osteogenetic properties, but above all it effects a speedy supply from the surroundings. A careful technique must be employed to spare the tissue layers, and bleeding must be stanched. Foreign bodies in the shape of wire slings to hold the transplant usually heal well into the body. Firm fixation in a plaster cast safeguards the result. When the graft has taken, a careful start with remedial exercises may be made in the third or fourth month. The clinical use of free bone transplantations is discussed with the help of numerous examples and many X-ray illustrations. The first task of the bone transplant to bridge over a gap in the bone is to provide sufficient support for the defective stump and, therefore, it has to be fairly strong. Bone splinters in the lower arm have roentgenologically completely taken after 1-1½ years, those in the tibia after 1½-2 years. The free bone transplant, some distance from the joints, has proved to be particularly valuable with the usual dislocations of the shoulder and the hip joints. The overlapping bone ridge prevents the bone from coming out of the articular cavity. In the course of years, the piece lying in the soft parts is considerably reduced, so that only a small bone ridge remains. The graft effects a regeneration of the damaged edge of the articular cavity and in this way prevents further dislocation. Bone transplants in bone gaps after removal of growths are subject to special conditions of taking. Hyperemic phenomena in the zone of the tumor edge in the form of a mild inflammation, possibly also fermentation processes, accelerate the taking of the transplant compared with the process in healthy tissue. Increased local resorption processes, occasionally with spontaneous fractures, infrequently prevail, but they again are apt to heal well. In wounds which heal with difficulty owing to suppurative inflammations, there is a great danger of the transplant being pushed out. When the whole transplant region is inflamed, total sequestration cannot be stopped. If suppuration remains localized, partial sequestration of the transplantation must be awaited. (German Surgical Journal, 1944, Vol. 299, H. 9-12. H. Floercken-Frankfurt am Main.)

TRANSLATION OF GEBHARDT, FISCHER, OBERHEUSER DOCUMENT 21 GEBHARDT, FISCHER, OBERHEUSER DEFENSE EXHIBIT 20

EXTRACTS FROM AFFIDAVIT OF DR. KARL FRIEDRICH BRUNNER, 14 MARCH 1943, CONCERNING SCIENTIFIC EXPERIMENTS CONDUCTED AT THE CLINIC OF HOHENLYCHEN

* * * * *

I can state the following regarding the scientific experiments at the clinic [of Hohenlychen]: It was in accordance with the principles of the clinic and, therefore, of the chief and his deputy to collect scientific results arrived at through clinical observations. All reports at congresses and lectures as well as publications were based on these results. The scientific work and research were normally determined by the observations made on the patients. In addition to this, and in order to clarify the question of surgical treatment of nerve injuries, experiments on dogs were carried out in close collaboration with Gebhardt—first by Dr. Koestler in 1939-40, later by myself from 1943 to the end of the war. I was ordered by Dr. Gebhardt to carry out the experiments on animals at the training and experimental station for dogs [Hundelehr- und Versuchsanstalt], which establishment was situated outside the concentration camp Ravensbrueck, and I was strictly cautioned not to enter into any kind of contact with the concentration camp itself. The animal experiments were strictly continued until the end of the war. The results were never published because of war conditions.

* * * * *

Regarding Dr. Stumpfegger, I can state that he was an assistant of the clinic in peacetime, before I arrived. At the outbreak of war in 1939 he joined the Waffen SS, and was then, as far as I know, from 1942 onwards an escorting physician of Himmler. I did not see Dr. Stumpfegger on my return to Hohenlychen in autumn 1943, nor had he any official connection with the clinic up to the end of the war, either in a medical or in a military sense. He did not have to report his return or departure to the chief physician or to his deputy. His family, however, still lived at Hohenlychen. I still met him occasionally outside the medical sphere. I emphasize that during my presence at the clinic from 1 September 1943 up to the end of the war, as far as I know—and finally I was directing the clinic—no assistant was drafted from Hohenlychen to Ravensbrueck.

I know that the specialist in pulmonary diseases, Dr. Heissmeyer, was working as an assistant and later as chief physician in the so-called sanatorium Hohenlychen even before Professor Gebhardt took over Hohenlychen. 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 deputy; i. e., Dr. Heissmeyer looked after his patients without any supervision by the surgeon, he made no reports to the chief or his deputy, he did not participate in the daily discussions of the physicians, he had his own staff of assistants and carried out his treatments and operations independently; he also planned his duty journeys independently and made these without reporting to the chief or his deputy on departure or return.

TRANSLATION OF GEBHARDT, FISCHER, OBERHEUSER DOCUMENT 22 GEBHARDT, FISCHER, OBERHEUSER DEFENSE EXHIBIT 21

EXTRACT FROM AFFIDAVIT OF DR. JOSE KOESTLER, 27 FEBRUARY 1947, CONCERNING DR. GEBHARDT’S ACTIVITIES

* * * * *

When Professor Dr. Karl Gebhardt and I, at the Third Conference of Consulting Specialists of the German Wehrmacht in May 1943, lectured on surgical aid for peripheral nerve damage, we were, on the one hand, interpreting the results of animal experiments carried out on dogs from 1938 to 1940 in the Langenbeck-Virchow Hospital, Berlin, and in the institutes of Professor Holz (Institute for Experimental Hormone and Cancer Research) and Professor Ostertag (Pathological Institute), and, on the other hand, announcing surgical methods as they had been frequently used during the previous years.

Under the title of “Preparatory and Restorative Surgery in cases of Peripheral Nerve Damage,” I recorded these experiences in the “German Journal for Surgery,” volume 259, Nos. 1-4, 1943, and in my habilitation paper (1943, University of Berlin).

I emphasize expressly that this series of experiments was carried out exclusively on animals.

From 1 July 1938 to 26 August 1939 I was in the Red Cross hospital at Hohenlychen (Department for Sport and Industrial Injuries). During the following war years, after I was drafted into the Wehrmacht, I worked there repeatedly for short periods. 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 results.

EXTRACTS FROM THE TESTIMONY OF PROSECUTION WITNESS MISS KAROLEWSKA[45]

DIRECT EXAMINATION

* * * * *

MR. MCHANEY: What is your name, please?

WITNESS KAROLEWSKA: Karolewska.

Q. And that is spelled K-a-r-o-l-e-w-s-k-a?

A. Yes.

Q. Were you born on 15 March 1909 at Yeroman?

A. I was born on 15 March 1909 in Yeroman.

Q. You are a citizen of Poland?

A. Yes, I am a Polish citizen.

Q. And have you come here as a voluntary witness?

A. Yes, I came here as a voluntary witness.

Q. What is your home address?

A. Warsaw, Inzynierska Street, No. 9, Flat No. 25.

Q. Are you married?

A. No.

Q. Are your parents living?

A. No, my parents are dead.

Q. Will you tell the Tribunal what education you have received?

A. I finished elementary school, and completed the training school for teachers in 1928.

Q. And what did you do between 1928 and the beginning of the war in 1939?

A. I worked as a teacher in a children’s school in Grudenz.

Q. And when did you leave that post?

A. I finished my work in June 1939 and went on holiday.

Q. And did you go back to this position after your holiday?

A. No, I did not go back because the war broke out and I stayed in Lublin.

Q. And what did you do while you were in Lublin?

A. I lived with my sister and did not work at all.

Q. Were you a member of the Polish Resistance Movement?

A. Yes, I was.

Q. And what did you do in the Polish Resistance Movement?

A. I was a messenger.

Q. And were you ever arrested for your activity in the Resistance Movement?

A. I was arrested on the 13th of February 1941 by the Gestapo.

Q. Was your sister arrested with you?

A. Two sisters and two brothers-in-law were arrested with me on the same day.

Q. What happened to you after you were arrested?

A. I was taken to the Gestapo.

Q. And what did the Gestapo do with you?

A. The first day the Gestapo took down my personal data and sent me to the prison in Lublin.

Q. And then what happened? Just go on and tell the complete story about what the Gestapo did with you and where you went.

A. I stayed 2 weeks in the prison in Lublin and then I was taken again to the Gestapo. There I was interrogated and they wanted to force me to confess what kind of work I used to do in the Resistance Movement. The Gestapo wanted me to give them the names of persons with whom I worked. I did not want to tell them the names and, therefore, I was beaten. I was beaten by one Gestapo man, with brief intervals, for a very long time. Then I was taken to a cell. Two days later, at night, I was taken again to the Gestapo for interrogation. There I was beaten again. I stayed in the Gestapo office one week and then I was taken back into the prison in Lublin. I stayed in the prison till 21 September 1941. Then I was transported with other prisoners to the concentration camp Ravensbrueck, where I arrived on the 23d of September 1941.

Q. Now, Witness, before you continue, will you tell the Tribunal whether you were ever tried by any court for the crime of being a member of the Resistance Movement?

A. 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 me.

Q. All right. Will you tell the Tribunal what happened to you at Ravensbrueck?

A. At Ravensbrueck our dresses were taken away from us and we received the regular prison dress. Then I was sent to the block and I stayed in quarantine for 3 weeks. After 3 weeks we were taken to work. The work was hard physical work. In the spring I was given other work and I was transferred to the workshop, which was called in German “Betrieb.” The work I did there was also very hard, and one week I had to work in the daytime and the next week at night. In the spring the living conditions in the camp grew worse and worse, and hunger began to reign in the camp. The food portions were smaller. We were undernourished, very exhausted, and we had no strength to work. In the spring of the same year, shoes and stockings were taken away from us and we had to walk barefoot. The gravel in the camp hurt our feet. The most tiring was the so-called “roll calls”, which we had to stand several hours, sometimes even 4 hours. If a prisoner tried to put a piece of paper underneath her feet, she was beaten and ill-treated in an inhuman way. We had to stand at attention at the roll call place and we were not allowed to move our lips, because then we were supposed to be praying and we were not allowed to pray.

Q. Now, Witness, were you operated on while you were in the Ravensbrueck concentration camp?

A. Yes, I was.

Q. When did that happen?

A. On 22 July 1942, 75 prisoners from our transport that come from Lublin were summoned to the chief of the camp. We stood outside the camp office, and present were Kogel, Mandel, and one person whom I later recognized as Dr. Fischer. We were afterwards sent back to the block and we were told to wait for further instructions. On the 25th of July, all the women from the transport of Lublin were summoned by Mandel, who told us that we were not allowed to work outside the camp. Also, five women from the transport that came from Warsaw were summoned with us at the same time. We were not allowed to work outside the camp. The next day 75 women were summoned again and we had to stand in front of the hospital in the camp. Present were Schiedlausky, Oberheuser, Rosenthal, Kogel, and the man whom I afterwards recognized as Dr. Fischer.

Q. Now, Witness, do you see Oberheuser in the defendants’ dock here?

INTERPRETER: The witness asks for permission to go near to the dock to be able to see them.

MR. MCHANEY: Please do.

(Witness walks to dock and points to Dr. Oberheuser.)

MR. MCHANEY: And Fischer?

(Witness points to Dr. Fischer.)

MR. MCHANEY: I will ask that the record show that the witness properly identified the defendants, Oberheuser and Fischer.

PRESIDING JUDGE BEALS: The record will show that the witness correctly identified the defendants Oberheuser and Fischer.

MR. MCHANEY: Witness, you have told the Tribunal that in July 1942, some 75 Polish girls, who were in the transport from Lublin, were called before the camp doctors in Ravensbrueck.

WITNESS KAROLEWSKA: Yes.

Q. Now, were any of these girls selected for an operation?

A. On this day we did not know why we were called before the camp doctors and on the same day 10 out of 25 girls were taken to the hospital, but we did not know why. Four of them came back and six stayed in the hospital. On the same day six of them came back to the block after having received some injection, but we did not know what kind of injection. On the 1st of August, those six girls were called to the hospital again; those girls who received injections were kept in the hospital, but we could not get in touch with them to hear from them why they were put in the hospital. A few days later, 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 casts. On the 14th of August, the same year, I was called to the hospital and my name was written on a piece of paper. I did not know why. Besides me, eight other girls were called to the hospital. 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 before. In the hospital we were put to bed and the ward in which we stayed was locked. 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 smile. Then a German nurse arrived and gave me an injection in my leg. After this injection I vomited and I was weak. Then I was put on a hospital cot and they brought me to the operating room. There, Dr. Schiedlausky and Rosenthal gave me the second intravenous injection in my arm. A while before, I noticed Dr. Fischer, who left the operating theater and had operating gloves on. Then I lost consciousness and when I revived I noticed that I was in a proper hospital ward. I recovered consciousness for a while and I felt severe pain in my leg. Then I lost consciousness again. I regained consciousness in the morning, 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 temperature. I noticed also that my leg was swollen from the toes up to the groin. The pain was increasing and the temperature, too, and the next day I noticed that some liquid was flowing from my leg. The third day I was put on a hospital trolley and taken to the dressing room. Then I saw Dr. Fischer again. He had on an operating gown and rubber gloves on his hands. 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 leg. Those present were Schiedlausky, Rosenthal, and Oberheuser. After the dressing was changed I was again put in the regular hospital ward. Three days later I was again taken to the dressing room, and the dressing was changed by Doctor Fischer with the assistance of the same doctors, and I was also blindfolded. I was then sent back to the regular hospital ward. The next dressings were made by the camp doctors. Two weeks later we were all taken to the operating theater again, and put on the operating tables. The bandage was removed, and that was the first time I saw my leg. The incision went so deep that I could see the bone. We were told then that there was a doctor from Hohenlychen, Doctor Gebhardt, who would come and examine us. We were waiting for his arrival for 3 hours, lying on our tables. When he came, a sheet was put over our eyes, but they removed the sheet and I saw him for a short moment. Then we were taken back to our regular wards. On 8 September I went back to the block. I couldn’t walk. The pus was draining from my leg; the leg was swollen up and I could not walk. In the block, I stayed in bed for one week; then I was called to the hospital again. I could not walk and I was carried by my comrades. In the hospital I met some of my comrades who were there after the operation. This time I was sure I was going to be executed because I saw an ambulance standing outside the office, which was used by the Germans to transport people intended for execution. Then we were taken to the dressing room where Doctor Oberheuser and Doctor Schiedlausky examined our legs. We were put to bed again, and on the same day, in the afternoon, I was taken to the operating theater and the second operation was performed on my leg. I was put to sleep in the same way as before, having received an injection. This time I again saw Doctor Fischer. I woke up in the regular hospital ward, and I felt a much greater pain and had a higher temperature.

The symptoms were the same. The leg was swollen and the pus flowed from my leg. After this operation, the dressings were changed by Dr. Fischer every 3 days. More than 10 days afterwards, we were again taken to the operating theater and put on the table; and we were told that Dr. Gebhardt was going to come to examine our legs. We waited for a long time. Then he arrived and examined our legs while we were blindfolded. This time other people arrived with Dr. Gebhardt, but I don’t know their names, and I don’t remember their faces. Then we were carried on hospital cots back to our rooms. After this operation I felt still worse, and I could not move. While I was in the hospital, Dr. Oberheuser treated me cruelly.

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 recover. 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 opened. The German nurse entered the room and told us to get up and dress. We answered that we could not follow her order because we had great pains in our legs and we could not walk. Then the German nurse came into our room with Dr. Oberheuser. Dr. Oberheuser told us to dress and come to the dressing room. We put on our dresses; and, being unable to walk, we had to hop on one leg into the operating theater. After one hop we had to rest. Dr. Oberheuser did not allow anybody to help us. When we arrived at the operating theater, quite exhausted, Dr. Oberheuser appeared and told us to go back, because the change of dressing would not take place that day. I could not walk, but somebody, a prisoner whose name I don’t remember, helped me back to the room.

Q. Witness, you have told the Tribunal that you were operated on the second time on the 16th of September 1942? Is that right?

A. Yes.

Q. When did you leave the hospital after this second operation?

A. After the second operation I left the hospital on 6 October.

Q. Was your leg healed at that time?

A. My leg was swollen up, caused me great pain, and the pus drained from my leg.

Q. Were you able to work?

A. I was unable to work, and I had to stay in bed because I could not walk.

Q. Do you remember when you got up out of bed and were able to walk?

A. I stayed in bed several weeks, and then I got up and tried to walk.

Q. How long was it until your leg was healed?

A. The pus was flowing from my leg till June 1943; and at that time my wound was healed.

Q. Were you operated on again?

A. Yes, I was operated on again in the bunker.

Q. In the bunker? That is not in the hospital?

A. Not in the hospital but in the bunker.

Q. Will you explain to the Tribunal how that happened?

A. May I ask permission to tell something which happened in March 1943, March or February 1943?

Q. All right.

A. At the end of February 1943, Dr. Oberheuser called us and said, “Those girls are new guinea pigs”; and we were very well known under this name in the camp. Then we understood that we were persons intended for experiments, and we decided to protest against the performance of those operations on healthy people.

We drew up a protest in writing and we went to the camp commandant. Not only those girls who had been operated on before but other girls who were called to the hospital came to the office. The girls who had been operated on used crutches and they went without any help.

I would like to tell you the contents of the petition made by us. “We, the undersigned, Polish political prisoners, ask the commandant whether he knows that since the year 1942 experimental operations have taken place in the camp hospital, under the name guinea pigs, explaining the meaning of those operations. We ask whether we were operated on as a result of sentences passed on us because, as far as we know, international law forbids the performance of operations even on political prisoners.”

We did not get any answer; and we were not allowed to talk to the commandant. On 15 August 1943, a policewoman came and read off the names of 10 new prisoners. She told us to follow her to the hospital. We refused to go to the hospital, because we thought that we were intended for a new operation. The policewoman told us that we were probably going to be sent to the factory for work outside the camp. We wanted to make sure whether the labor office was open because it was Sunday. The policewoman told us that we had to go to the hospital to be examined by a doctor before we went to the factory. We refused to go then because we were sure that we would be kept in the hospital and operated on again. All prisoners in the camp were told to stay in the blocks. 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 10 at a certain time. Then the Overseer Binz appeared and called out 10 names, and my name was among them.

We went out of the line and stood before Block 9 in line. Then Binz said: “Why do you stand in line as if you were to be executed?” 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 again. Binz told us that she might give us work; there was no question of our being operated on, but we were going to be sent for work outside the camp. We told her that she must know that prisoners belonging to our group were not allowed to leave the camp and go outside. Then she told us to follow her into her office, that she would show us a paper proving that we were going to be sent for work to the factory outside the camp. We followed her and we stood before her office. She was in her office for a while and then went out and went to the canteen where the camp commandant was. She had a conference with him probably asking him what to do with us. We stood in front of the office for half an hour. In the meantime one fellow prisoner who used to work in the canteen walked past. She told us that Binz had asked for help from SS men to take us to the hospital by force. We stood for a while and then Binz came out of the canteen accompanied by the camp commandant. We stood for a while near the camp gate. We were afraid that SS men would come to take us, so we ran away and mixed with other people standing in front of the block. Then Binz and the camp police appeared. They drove us out from the lines by force. She told us that she was putting us into the bunker as punishment for not following her orders. Five prisoners were put into each cell although one cell was only intended for one person. The cells were quite dark, without lights. We stayed in the bunker the whole night long and the next day. We slept on the floor because there was only one couch in the cell. The next day we were given a breakfast consisting of black coffee and a piece of dark bread. Then we were locked in again. People were walking up and down the corridor of the bunker the whole time. The same day in the afternoon we learned our fate. The woman guard of the bunker unlocked our cell and took me out. I thought that I was to be interrogated or beaten. She took me down the corridor. She opened one door and behind the door stood SS man Dr. Trommel. He told me to follow him upstairs. Following Dr. Trommel I noticed there were other cells, with beds and bedding. He put me in one of the cells. Then he asked me whether I would agree to a small operation. I told him that I did not agree to it because I had already undergone two operations. He told me that this was going to be a very small operation and that it would not harm me. I told him that I was a political prisoner and that operations could not be performed on political prisoners without their consent. He told me to lie down on the bed; I refused to do so. He repeated it twice. Then he went out of the cell and I followed him. He went quickly downstairs and locked the door. Standing in front of the cell I noticed a cell on the opposite side of the staircase, and I also noticed some men in operating gowns. There was also one German nurse ready to give an injection. Near the staircase stood a stretcher. That made it clear to me that I was going to be operated on again in the bunker. I decided to defend myself to the last. In a moment Trommel came back with two SS men. One of these SS men told me to enter the cell. I refused to do it, so he forced me into the cell and threw me on the bed.

Dr. Trommel took me by the left wrist and pulled my arm back. With his other hand he tried to gag me, putting a piece of rag into my mouth, because I shouted. The second SS man took my right hand and stretched it. Two other SS men held me by my feet. Immobilized, I felt somebody giving me an injection. I defended myself for a long time, but then I grew weaker. The injection had its effect; I felt sleepy. I heard Trommel saying, “That is all.”

I regained consciousness again, but I don’t know when. Then I noticed that a German nurse was taking off my dress, I then lost consciousness again; I regained it in the morning. Then I noticed that both my legs were in iron splints and were bandaged from the toes up to the groin. I felt a severe pain in my feet, and had a temperature.

On the afternoon of the same day, a German nurse came and gave me an injection, in spite of my protests; she gave me this injection in my thigh and told me that she had to do it.

Four days after this operation a doctor from Hohenlychen arrived, again I was given an injection to put me to sleep, and as I protested he told me that he would change the dressing; I felt a higher temperature and a greater pain in my legs.

* * * * *

Q. How many times did you see Gebhardt?

A. Twice.

Q. 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 dock.

(The witness complied and pointed to the defendant Gebhardt.)

Thank you. Sit down.

I will ask that the record show that the witness properly identified the defendant Gebhardt.

PRESIDING JUDGE BEALS: The record will show that the witness identified the defendant Gebhardt in the dock.

MR. MCHANEY: I have no further questions at this time.

PRESIDING JUDGE BEALS: Will Dr. Alexander again be put on the stand in connection with the examination of this witness?

MR. MCHANEY: Yes, but if there is any cross-examination we can probably finish that before lunch.

PRESIDING JUDGE BEALS: Do any of the defense counsel desire to cross-examine this witness?

DR. SEIDL (counsel for the defendants Gebhardt, Oberheuser, and Fischer): I do not intend to cross-examine this witness, but this does not mean that my clients admit the correctness of all statements made by this witness.

PRESIDING JUDGE BEALS: Does any other of the defense counsel desire to examine the witness?

(No response.)

EXTRACT FROM THE TESTIMONY OF THE PROSECUTION EXPERT WITNESS DR. LEO ALEXANDER[46]

DIRECT EXAMINATION

MR. MCHANEY: Doctor, can you express any opinion as to the purpose of the type of operation to which she [Karolewska] was subjected, that is the bone removal?

DR. ALEXANDER: I think it must have been one of the experiments which aimed at the question of regeneration of bone or possible transplantation of bone. Chances are that this tibial graft was either implanted in another person or that grafts had been exchanged. Of course today, 3 years after the experiment, no trace of transplantation is left in this individual. Or if the object was, as alleged in some statements I have seen, that tibial grafts were exchanged between the two legs, one must conclude that the experiment was negative because there is no evidence that a graft took. All we see now are the consequences of removal of a graft, and the graft had included the entire compact part of the bone, otherwise the repair would have been better. If some part of the compact had remained, the periosteum would have probably regenerated and today, 3 years after the operation, no X-ray would have shown the defect. So I feel that rather deep grafts were taken which went down into the spongiosa. Whether anything was replaced that later was destroyed, I do not know, except the patient stated that there was a purulent discharge, indicating that the wound had become infected, and her statement of a subsequent operation, in fact, if I am not mistaken, two subsequent operations, indicates the probability that the grafts did not take and that they were removed after infection had become obvious.

-----

[43] Final plea is recorded in mimeographed transcript, 15 July 1947, pp. 10874-10910.

[44] Dr. Maczka appeared as witness before the Tribunal, 10 January 1947, Tr. pp. 1430-1462.

[45] Complete testimony is recorded in mimeographed transcript, 20 Dec. 1946, pp. 815-832.

[46] This testimony is recorded in mimeographed transcript, 20 Dec. 1946, pp. 832-838.

7. SEA-WATER EXPERIMENTS

a. Introduction

The defendants Karl Brandt, Handloser, Rostock, Schroeder, Gebhardt, Rudolf Brandt, Mrugowsky, Poppendick, Sievers, Becker-Freyseng, Schaefer, and Beiglboeck were charged with special responsibility for and participation in criminal conduct involving sea-water experiments (par. 6 (G) of the indictment). In the course of the trial the prosecution withdrew the charge in the case of Mrugowsky. On this charge the defendants Schroeder, Gebhardt, Sievers, Becker-Freyseng, and Beiglboeck were convicted and the defendants Karl Brandt, Handloser, Rostock, Rudolf Brandt, Poppendick, and Schaefer were acquitted.

The prosecution’s summation of the evidence on the sea-water experiments is contained in its final brief against the defendant Schroeder. Extracts from that brief are set forth below on pages 419 to 443. A corresponding summation of the evidence by the defense on these experiments has been selected from the final plea for the defendant Schroeder and from the closing brief for the defendant Beiglboeck. It appears below on pages 434 to 446. This argumentation is followed by selections from the evidence on pages 447 to 494.

b. Selection from the Argumentation of the Prosecution

EXTRACTS FROM THE CLOSING BRIEF AGAINST DEFENDANT SCHROEDER

Sea-Water Experiments

* * * * *

On 19 May 1944 a conference was held at the German Air Ministry which was attended by Christensen, Schickler, Becker-Freyseng, and Schaefer, among others. This conference was concerned with the problem of the potability of sea-water. Two methods of making sea-water drinkable were then available to the Medical Service of the Luftwaffe. One, the so-called Schaefer method, had been chemically tested and apparently produced potable sea-water. It had the disadvantage, however, of requiring substantial amounts of silver which was available only in limited quantities. The second method, so-called Berkatit, was a substance which changed the taste of sea-water but did not remove the salt. It had the advantage of simplicity of manufacture and use.

At the conference on 19 May the defendant Becker-Freyseng reported on certain clinical experiments which had been conducted by von Sirany to test Berkatit. He came to the conclusion that the experiments had not been conducted under sufficiently realistic conditions of sea distress. He reported that the Chief of the Medical Service of the Luftwaffe was—

“* * * convinced that, if the Berka method is used, damage to health had to be expected not later than 6 days after taking Berkatit, which damage will result in permanent injuries to health and—according to the opinion of Unterarzt Dr. Schaefer—will finally result in death after not later than 12 days. External symptoms are to be expected such as dehydration, diarrhea, convulsions, hallucinations, and finally death.” (NO-117, Pros. Ex. 133.)

As a result of this conference it was agreed to conduct new experiments. They were to include a series of experiments for a maximum of 6 days during which one group was to be given sea-water processed with Berkatit, another group ordinary drinking water, another group no drinking water at all, and the final group such water as was available in the emergency sea distress kits then used. A second series of experiments was decided upon and the report stated:

“Persons nourished with sea-water and Berkatit, and as diet also the emergency sea rations.

“Duration of experiments: 12 days.

“Since in the opinion of the chief of the medical service permanent injuries to health, that is, the death of the experimental subjects has to be expected, as experimental subjects such persons should be used as will be put at the disposal by Reichsfuehrer SS.” (NO-177, Pros. Ex. 133.)

Thus, with full knowledge that the use of Berkatit for periods of 6 days would result in permanent injuries to the experimental subjects and that death would result no later than the 12th day, plans were made to conduct experiments of 6 and 12 days’ duration. It should be noted that the conference report does not state that the duration was a maximum of 12 days as in the case of the first series of experiment. The duration was to be 12 days in any event. Since it was known that volunteers could not be expected under such conditions, the conference determined to use inmates of concentration camps which would be put at their disposal by the SS. At a second meeting on 20 May 1944, the report states that “it was decided that Dachau was to be the place where the experiments were (to be) conducted.” (NO-177, Pros. Ex. 133.) Copies of the report on the conferences were sent, among others, to the Medical Experimentation and Instruction Division of the Air Force, Jueterbog, to which the defendants, Schaefer and Holzloehner, who conducted the freezing experiments with Rascher, were attached; to the German Aviation Research Institute, Berlin-Adlershof, to which the defendants Ruff and Romberg were attached; to the Medical Inspectorate of the Luftwaffe (L. In. 14); and to the Reich Leader SS. The report was signed by Christensen of the Technical Office of the Reich Air Ministry.

On 7 June 1944 the defendant Schroeder wrote to Himmler through Grawitz asking for concentration camp inmates to be used as subjects in the sea-water experiments. This letter reads in part as follows:

“Earlier already you made it possible for the Luftwaffe to settle urgent medical matters through experiments on human beings. Today again I stand before a decision which, after numerous experiments on animals as well as human experiments on voluntary experimental subjects, demands a final solution. The Luftwaffe has simultaneously developed two methods for making sea-water potable. The one method, developed by a medical officer, removes the salt from the sea-water and transforms it into real drinking water; the second method, suggested by an engineer, leaves the salt content unchanged, and only removes the unpleasant taste from the sea-water. The latter method, in contrast to the first, requires no critical raw material. From the medical point of view this method must be viewed critically, as the administration of concentrated salt solutions can produce severe symptoms of poisoning.

“As the experiments on human beings could thus far only be carried out for a period of 4 days, and as practical demands require a remedy for those who are in distress at sea up to 12 days, appropriate experiments are necessary.

“Required are 40 healthy test subjects, who must be available for 4 whole weeks. As it is known from previous experiments that necessary laboratories exist in the concentration camp Dachau, this camp would be very suitable.” [Emphasis supplied.] (NO-185, Pros. Ex. 134.)

Schroeder concluded his letter by stating that the experiments would be directed by the defendant Beiglboeck.

* * * * *

That these experiments were carried out on nonvoluntary subjects is also proved by Grawitz’ letter to Himmler on 28 June 1944. (NO-179, Pros. Ex. 135.) In this letter Grawitz reports the opinions of Gebhardt, Gluecks, and Nebe, as well as his own, on the proposed experiments. Gluecks stated that he had no “objections 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 camp. If possible, Jews or prisoners held in quarantine are to be used.” 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 camps. Nebe stated: “I proposed taking for this purpose the asocial gypsy half-breeds. There are people among them, who, although healthy, are out of the question as regards labor commitment. Regarding these gypsies, I shall shortly make a special proposal to the Reich Leader, but I think it right to select from among these people the necessary number of test subjects. Should the Reich Leader agree to this, I shall list by name the persons to be used.” It is a little difficult to imagine how Nebe, chief of the Reich Criminal Police, could “list by name” gypsy volunteers for these experiments. Grawitz raised the objection to the use of gypsies on the ground that they were “of somewhat different racial composition” and he therefore wanted experimental subjects racially comparable to European peoples. Himmler decided that gypsies plus three others for control should be used. (NO-183, Pros. Ex. 136.)

Schroeder testified that he tried to arrange for carrying out the sea-water experiments at the Luftwaffe hospital in Brunswick. He remembered very specifically, according to his testimony, that he had contacted the commander of that hospital on 1 June 1944. He stated that he also attempted to obtain students as experimental subjects from the Luftwaffe Medical Academy in the latter part of May 1944. Both of these attempts to obtain volunteers allegedly failed because of the lack of clinical facilities and the calling up of students to active service. Schroeder testified that he went to the SS only after he had exhausted all other possibilities. He would have the Tribunal believe that there was no place to find 40 volunteers and the necessary clinical facilities, although von Sirany had conducted such experiments in Vienna on Wehrmacht soldiers, but of course for only 4 days. (Tr. pp. 3657-9.)

In connection with this testimony of Schroeder’s, it should be noted that the records of the conference on 19 and 20 May 1944 were immediately sent to the SS. The decision to use concentration camp inmates did not await any efforts to find volunteers but was made at the conference of 19 May. It was known that because of the very nature of the experiments which were planned volunteers could not be obtained. Contrariwise, it is impossible to believe that the commanding officer of the whole of the Medical Service of the Luftwaffe was unable to obtain 40 volunteers for the experiments which he claims were so innocuous. There were no regulations which forbade experiments on members of the Wehrmacht. (Tr. p. 3660.) The defense witness Haagen, in connection with his proposed epidemic jaundice experiments on human beings, as set forth in his letter of 27 June 1944 to Kalk, who was attached to the staff of Schroeder, insisted at great length that he planned to use volunteers from the student companies of the Wehrmacht at Strasbourg, Freiburg, or Heidelberg. (Tr. p. 9578.) He was positive that student volunteers would have been made available. He stated that he could have used them during their vacations. (Tr. p. 9579.) Kalk was also sure that this could have been done. Haagen emphasized repeatedly that volunteers were available. (Tr. p. 9580.) Clinical facilities would have been easily obtained in reserve hospitals. (Tr. p. 9581.)

Schroeder testified that he did not know that Berkatit would cause death in not more than 12 days. (Tr. p. 3666.) He could not remember whether Schaefer had told him that taking Berkatit for 12 days would cause death. In a pretrial interrogation, he specifically denied that. (Tr. p. 3668.) He testified that while both Becker-Freyseng and Schaefer were at the Nuernberg meeting in October 1942 at which the report on the freezing experiments at Dachau was given, neither of them reported to him about it when he proposed going to Dachau to conduct the sea-water experiments. (Tr. p. 3669.) Schroeder denied that he had ever seen the report on the meeting of 19 and 20 May 1944 (NO-177, Pros. Ex. 133) on the sea-water experiments. (Tr. p. 3662.) Although a copy of this report was sent to Himmler, he would have the Tribunal believe that it was a sheer coincidence that he turned to Himmler for experimental subjects without having seen the report. (Tr. p. 3669.) He testified that he told Grawitz in a meeting with him that he wanted the experiments carried out on dishonorably discharged soldiers. (Tr. p. 3670.) Grawitz allegedly said that he would respect this wish. Schroeder stated that he made it clear to Grawitz that the subjects had to be volunteers, with a little food as a reward. (Tr. p. 3672.) He further testified that he told Grawitz that the experiments had to be controlled by the Luftwaffe. During a pre-trial interrogation, he swore that he knew nothing about the sea-water experiments, that the SS took it out of his hands and he had no influence. (Tr. pp. 3610-1.) Schroeder had no idea, according to his testimony, that foreigners were incarcerated in concentration camps. He said that he knew that gypsies were used as experimental subjects only after the report by Beiglboeck in Berlin in October 1944. (Tr. p. 3676.) He testified that he instructed Beiglboeck that Berkatit was to be used only until the subjects said they could not tolerate any more. (Tr. p. 3677.) He admitted having heard the report by Beiglboeck on the experiments, together with Becker-Freyseng and Schaefer, among others, but that he did not hear the complete report as he had to leave the meeting early. (Tr. pp. 3679-80.)

The charts kept by the defendant Beiglboeck on each of the experimental subjects—which the defense was finally forced into submitting in evidence, after attempting to use them through the defense “expert” Vollhardt without offering the documents themselves—give some of the details as to the experiments, although under the circumstances their reliability is doubtful. (Tr. p. 9381.) Certain alterations in these records which will be discussed at a later point, indicate that they are not entitled to great weight. The experiments began in August 1944 and continued until the middle of September. Forty-four experimental subjects were used. Subjects one to six were deprived of all food and water for periods from 5½ to 7½ days. The duration of the experiments given herein is based upon the starting date of the morning of 22 August, as contended by the defense, although there is some evidence indicating that the starting date was 21 August. If the experiment was interrupted in the forenoon, no additional day or part thereof is counted. If it was interrupted between noon and 1700 hours, one-half day is added, while if it was interrupted after 1700 hours, a full day is added. Subjects 7 through 10 were given 1,000 cc. of Schaefer water for 12, 13, and 12 days, respectively, and hungered for 7, 8, and 9 days, respectively. Subject No. 9 was not used for reasons of health. This was the defense witness Mettbach. Subjects 11 through 18 were given 500 cc. of sea-water plus the emergency sea ration which contained approximately a total of 2,400 calories. These experiments lasted from 5 to 10 days. They hungered up to 6½ days. Several of these subjects, for example, 11, 13, 17, and 18 were subjected to two separate experiments of 8 and 6 days, 6 and 5 days, 7½ and 5 days, and 10 and 4 days, respectively. Subjects 19 through 25 were given 500 cc. of Berkatit plus the emergency sea ration. The duration of the experiments lasted from 5 to 9½ days with periods of hunger up to 6½ days. Subjects 19 and 20 underwent two separate experiments of 7 and 5 days each. Subjects 26 through 30 were given 1,000 cc. of Berkatit plus the emergency sea ration. Duration of the experiments was from 5 to 9½ days with periods of hunger up to 6½ days. Subject 29 underwent two experiments of 8 and 5 days. Subjects 31 and 32 were given 1,000 cc. of sea-water for 8 and 6 days, respectively. Subject 31 was subjected to an additional experiment of 5 days. Subject 33 was given 500 cc. of Berkatit for 6 days; subject 34, 1,000 cc. of Schaefer for 12 days, subjects 35 through 37, 39, 41, and 42 were given 500 cc. of sea-water for periods ranging from 4 to 6 days; subjects 38, 40, and 43 were given 1,000 cc. of sea-water for 6, 5, and 6 days; and subject 44 was given Schaefer water for 12 days.

The clinical charts on the experiments also supply us with the ages of the experimental subjects. Subjects 17, 19, 20, 35, 37, 40, and 43 were all under the age of 21. Subject 40 was 16 years old; subjects 17, 19, and 37 were 17 years old; subject 35 was 18 years old; subject 43 was 19 years old; and subject 20 was 20 years old. Needless to say, no effort was made to obtain the consent of the parents or guardians of these minors.

The defendant Beiglboeck testified that he reported to Berlin at the end of June 1944 where he was told by Becker-Freyseng that he was to carry out the sea-water experiments in Dachau. He also saw Schroeder previously in connection with the experiments. He said he attempted to withdraw because he had a horror of working in a concentration camp. He did not refuse to perform the experiments because he was afraid of being called to account for failure to obey orders. (Tr. pp. 8828-9.) Becker-Freyseng told him that the purpose of the experiments was, first, to find out if Berkatit was useful; second, to test the Schaefer method; and third, to see whether it would be better to go completely without sea-water or to drink small quantities of it. (Tr. p. 8832.) He said he was told by the officials in Dachau that the gypsies who were to be used in the experiments were held as “asocial” persons. Beiglboeck apparently considers himself an expert on asocials. He testified that it was his understanding that a whole family could be classified asocial, although this “does not exclude the possibility that, in this family, there may be a large number of persons who did not commit any crime.” (Tr. p. 8848.)

He testified that he called the experimental subjects together and told them what the experiment was about and asked them if they wanted to participate. (Tr. p. 8849.) He did not tell them how long the experiment would last. He did not tell them that they could withdraw at any time. He testified that he had to require that they thirst for a certain period. The decision as to their being relieved from the experiment lay with him. (Tr. p. 8850.) 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 promised. (Tr. p. 8863.) They did not get food for several days because of a delay in delivery. (Tr. p. 8868.) The subjects were locked in a room during the experiments. Beiglboeck testified that:

“They should have been locked in a lot better than they were, because then they would have had no opportunity at all to get fresh water on the side.” (Tr. p. 8864.)

He stated that the danger point would be reached in about seven days drinking 500 cc. of sea-water, while in cases of 1,000 cc. of sea-water, it would be 4½ days. (Tr. pp. 8876-7.) Compare the much longer duration of the experiments as set out above.

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 them. These records were in the exclusive possession of defense counsel prior to the testimony of Vollhardt, whose expert opinion was based in part upon such records. In a large number of instances the names of the experimental subjects have been erased from the charts, obviously in an effort to make it impossible to locate such persons for the purpose of giving testimony. 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 records. In some cases these weights were written over the original pencil notations; for example, on chart C-2 the final weight of 62 kilograms in pencil was written over in ink to read 64½ kilograms. Beiglboeck admitted that the red arrows purporting to indicate the start of the experiments, usually appearing under the date August 22, were made by him in 1945, long after the experiment had been completed. (Tr. p. 8909.) In charts 1 to 32 a red mark under the date August 21 appears, which would indicate that the experiments very probably began on that date. Certain notes in German shorthand appear on the back of chart C-23. Beiglboeck admitted that he wrote these notes himself. (Tr. p. 8970.) Beiglboeck testified that:

“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 here.” (Tr. p. 8921.)

He repeatedly stated that he did not make any erasures on the charts in Nuernberg. (Tr. pp. 8922, 8973, 8975-6.) When the proof left him no alternative, Beiglboeck finally admitted having made changes and erasures in the notes on the back of chart C-23 in Nuernberg. (Tr. p. 8978.) These notes give a clinical report on one of the experimental subjects who was critically ill. The following is a restoration of the original stenographic notes insofar as they could be translated:

“The thirst assumes forms difficult to endure. The patient lies there quite motionless with half-closed eyes. He takes no notice of his surroundings. He asks for water only when he awakes from his semiconscious condition (half a line erased).

“The appearance is very bad—looks doomed. The general condition gives cause for alarm.

“Respiration more shallow, labored, moderately frequent.

“Respirations 25 per minute.

“The eyes are deeply hollowed, the turgor of the skin greatly reduced.

“Skin dry, tongue completely dry, whitish coating in the middle fairly loose.

“The mucous membranes of the mouth and the lips dry, latter covered with crusts. Lungs show slight very dry bronchitis lower border VI-XII, sharpened vesicular respiration.

“Heartbeats very low hardly audible. Filling of the pulse weaker. Increased thickness of walls of blood vessels. Frequency 72, liver, 2½-3 fingers below sternal margin, rather soft, moderately sensitive to pressure; spleen on percussion slightly enlarged.

“Musculature hypotonic. Joints over-extendable. Calves slightly sensitive to pressure. Indications of transverse welt formation, marked longitudinal welt formation. Romberg plus plus. Reflexes plus plus. Abdominal reflexes plus plus. Babinski negative. Eife phenomenon. Oppenheim negative. Rossolimo negative. Tonus of the bulb of the eye bad. Bulbus reflex positive. (Interruption.)”

Beiglboeck had substituted the word “somnolent” for the word “semiconscious” in the last line of the first paragraph. In this same paragraph half a line was completely erased and could not be translated. Beiglboeck purported not to remember what it said, an obvious falsehood since it was erased out of fear of the truth. In the last sentence of the second paragraph, Beiglboeck altered the notes to read “The general condition gives no cause for alarm.” In the first line of the eighth paragraph, Beiglboeck substituted the word “poorly” for “hardly.” The notation “Romberg plus plus” means that the subject has an “uncertain” ability to stand. (Tr. p. 8982.) He said that these notes refer to subject number 30 rather than subject 23. (Tr. p. 8984.)

Beiglboeck testified that he made no further changes, erasures, or alterations in Nuernberg. (Tr. p. 8992.) 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-29. These notes, insofar as they can be translated, read as follows:

“The thirst again becomes very severe. Patient lies down on his back and rolls about. Also gets * * * a typical stereotyped organic rigid seizure with severe tetanic symptoms such as from his * * *, symptoms * * *. In view of the fact that in the last two days he has been drinking a great deal of water * * * quarter plus half liter, he is being taken out of the experiment.

“3/9 Again taken into the experiment.

“5/9 Again complains about very severe thirst.

“6/9 Feeling of thirst very severe, tongue dry and coated. Fetid smell from the mouth. Skin dry and hot, liver significantly enlarged, reflexes very lively, blood vessels show thickening of walls, musculature over-excitable.

“7/9 Psychic state has changed. Somnolence. Tongue dry, musculature feels stiffened. Considerable weakness of musculature with atoxic manifestation. Romberg positive. Blood vessels still * * *, pulse poorly filled, marked bradycardia, respiration accelerated. General condition [the next word erased and not legible], liver greatly enlarged.”

In the case of subject 25, Beiglboeck testified that this man was X-rayed several times and apparently had acute bronchitis. His fever went up to 39.8 Centigrade. (Tr. p. 8998.) He complained of a stomach ailment before the experiment began. (Tr. p. 9000.) He was still sick when Beiglboeck left Dachau on 15 September. (Tr. p. 9002.) Subject 39 was a man 49 years old; He was given 500 cc. of Berkatit for a period of four days, namely, from 1 September to 4 September, when the experiment was interrupted at 1930 hours. Beiglboeck used the truth with characteristic economy when he testified that the man was undergoing the experiment only three days. (Tr. p. 9010.) He admitted having performed numerous lumbar and liver punctures on the subjects. (Tr. p. 8933.)

A number of experimental subjects were able to gain access to fresh water in spite of the efforts of Beiglboeck to prevent them. Beiglboeck and his defense counsel assumed the anomalous position that this somehow mitigates his guilt. It is difficult to understand how this self-help on the part of the subjects, which undoubtedly saved the lives of the majority of them, could be raised as a mitigating factor when Beiglboeck did everything in his power to prevent that. As a matter of fact he did not even know that the experimental subjects in the first group, that is to say from 1 to 32, had been able to get at fresh water. He testified that:

“I should like to say that in the second group, when I knew their devices from my experience with the first group, I knew what to do and broke off the experiments. If I had wanted to continue the experiments, I would have done it in the second group too. This I did in the first group only became at first I did not realize the significance of their failure to lose weight.” [Emphasis supplied.] (Tr. p. 9022.)

Thus Beiglboeck says, in effect, that although he did not know that the experimental subjects gained access to fresh water, and although he continued the experiments far beyond what he himself knew to be the danger point, nonetheless he is to be excused because some of the experimental subjects drank fresh water secretly in spite of his efforts to prevent it.

The expert witness, Dr. Ivy, testified for the prosecution concerning sea-water experiments. He, himself, participated in an experiment of three days during which he consumed 2,400 cc. of sea-water with a caloric intake of 108 per day in the form of candy. He suffered marked dehydration and was at the point of developing hallucinations. A second volunteer in these experiments took 2,000 cc. in a little over one day and developed vomiting and diarrhea to such an extent that the experiment had to be stopped. (Tr. p. 9038-9.) Compare the amounts of sea-water taken by Beiglboeck’s subjects. For scientific data concerning the effect of sea-water on the human body, see Transcript pages 9039-41. Dr. Ivy pointed out certain basic inconsistencies in the testimony of the defense expert witness, Vollhardt. (Tr. pp. 9041-43.) Dr. 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 method. This could have been determined chemically in a matter of one-half hour. (Tr. pp. 9043-4.) He stated that if 1,000 cc. of sea-water or Berkatit were taken per day, it would cause death in less than 12 days. Death would occur between the 8th and the 14th day if 500 cc. were consumed per day under ideal conditions. (Tr. p. 9045.) The statement in the report of the conferences on 19 and 20 May 1944 that if Berka water was used, damage to health was to be expected not later than six days and would lead to death not later than 12 days is essentially correct. (Tr. p. 9044.) This document shows that the planned duration of the experiments was 12 days. Dr. 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-water. (Tr. p. 9046.) He stated that these experiments make sense only if they were trying to determine the survival time of human beings on 500 cc. and 1,000 cc. of sea-water per day. It is clear that the experimental plan anticipated deaths. (Tr. pp. 9046-7.)

Dr. Ivy testified that, on the basis of his studies of the charts kept during the course of the experiments, there was an insufficient observation period after the experiments to determine whether there were any delayed damaging effects to the experimental subjects. (Tr. p. 9049.) The results of the experiments are not scientifically reliable. (Tr. p. 9051.)

Dr. Ivy pointed out that the chart of subject 3 proved that he was too weak to stand and have his blood pressure taken on several occasions. (Tr. p. 9052.) This was one of the subjects in the fasting and thirsting group. He was given an injection of coronine on 29 August and strychnine on 30 and 31 August. Both of these drugs are heart stimulants and the clinical picture indicates that this subject was ill or markedly disabled by the experiments. (Tr. p. 9053.) Eight to fourteen days is the range of survival time of strong men under ideal conditions for thirsting and fasting. (Tr. p. 9053.)

As a result of his study of the clinical records, Dr. Ivy testified that subjects 3, 14, 36, 37, 39, 31, 23 (or 30), 25, 28, and 29 were ill during the experiments. Subjects 3, 23, (or 30), and 25 were especially ill and there is a possibility that they were permanently injured or died as a result of the experiments. (Tr. pp. 9058-9.)

The subject to whom the notes on the back of chart C-23 applied was very sick and in a coma. (Tr. p. 9061.) The changes made in the stenographic notes by the defendant Beiglboeck make the subject appear to be in a better condition than he actually was. (Tr. pp. 9062-3.) The bulbous reflex referred to in these notes means the pressing of the eyeball to determine the degree of coma. “Tonus of ball of eyes is bad” indicates the blood pressure was low and the circulation was quite poor. This is a bad prognostic sign and might indicate impending death. (Tr. p. 9064.) These notes indicate that the subject was in a dangerous condition and required immediate remedial therapy. The follow-up observation for subject 23 was four days, while for subject 30 it was five days. This was entirely insufficient. This subject could have died if not properly cared for. (Tr. pp. 9065-6.)

Dr. Ivy testified that of the 44 subjects, 13 were too weak to stand on one or more occasions, had fever, required cardiac stimulants, or were unconscious—namely, subjects, 3, 4, 14, 21, 23, 25, 28, 29, 32, 36, 37, 39 and 40. (Tr. pp. 9067-8.) 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 Ivy. (Tr. p. 9069.)

In Dr. Ivy’s opinion, an experimental subject who agrees to undergo an experiment is no longer a volunteer if, during the course of the experiment, he is forced to continue after having expressed a desire to be relieved. (Tr. pp. 9076-7.)

The testimony of the defense expert Vollhardt is entirely unreliable. Although Vollhardt had nothing whatever to do with these experiments in Dachau, he repeatedly testified in a highly partial manner concerning matters about which he could not possibly have had any knowledge. For example, he insisted that the subjects in Dachau were volunteers. He testified that Beiglboeck eliminated three subjects before the experiments began because of their physical condition, and that three other persons immediately volunteered. (Tr. pp. 8457-8.) Even Beiglboeck made no such contention. He said that he considered it “quite out of the question that the experimental subjects felt it necessary to drink water out of mops, because there were air raid buckets and if they felt they needed a drink, they could have drunk out of them.” (Tr. p. 8467.) It is passing strange that Vollhardt could have such information when he was never in Dachau. He believed it quite impossible that any of the experimental subjects had cramps, although subject 29 is proved to have had cramps and organic seizures by the notes quoted above. Although Vollhardt admitted that the clinical data showed that a number of the experimental subjects had secretly obtained fresh water, and although Beiglboeck admitted that some of the subjects threw their urine away (Tr. p. 8865), Vollhardt was quite sure that the experimental subjects were all volunteers.

Vollhardt made no study of the clinical notes himself but turned them over to a 25-year-old assistant to digest for him. (Tr. p. 8432.) He admitted that he relied on descriptions of the experiments made by Becker-Freyseng and Beiglboeck since the trial began. (Tr. p. 8438.) Vollhardt had had no previous experience with sea-water problems, nor had his assistant. (Tr. p. 8451.) Vollhardt testified that he conducted a volunteer experiment on five of his doctor assistants after he had been approached by defense counsel. His subjects drank 500 cc. of simulated sea-water per day and received 1,600 calories per day. (Tr. pp. 8440-2.) Four of the subjects continued the experiment for five days and one for six days. The latter subject drank an extra 500 cc. on the last day. The purpose of these experiments was to ascertain how much a person suffers when undergoing a sea-water experiment. (Tr. p. 8443.) Vollhardt’s subjects continued their work about the clinic, although they ate and slept in the same room. He does not know whether they went to the local cinema or left the clinic for other purposes during the course of the experiments. (Tr. p. 8445.) Four of the subjects quit on the fifth day because of an engagement with a young lady. (Tr. p. 8450.) He testified that his subjects had no severe thirst on the first two days, it became unpleasant on the third, reduced thirst on the fourth, and very strong thirst on the fifth day; the subject who went six days reported that it made very little difference. All continued their work during the experiment. (Tr. p. 8453.) It is obvious that this experiment in no way compared to those conducted in Dachau. While some of the experimental subjects in Dachau were too weak on many occasions to have their blood pressure taken, Vollhardt’s subjects were able to continue their work.

While Vollhardt’s subjects were trained doctors who participated in the experiment because of interest, who were permitted to withdraw from the experiment at any time, who were permitted to control their own activities during the experiment, none of these important factors were present in the Dachau experiments. (Tr. p. 8479.) The wretched gypsies were not permitted to withdraw when they felt like it. They did not know how long the experiments were to last, they had no freedom of activity, they had no interest in the experiment. Vollhardt’s regard for these gypsies is apparent from his statement that “* * * people like that will of course find a way” to cheat. (Tr. p. 8468.) That Vollhardt knew nothing of the experiments he purported to testify about is apparent from his testimony regarding their duration. For example, he stated that in the Berkatit group of 500 cc., the experiments were discontinued after six days. (Tr. p. 8462.) The clinical charts which Vollhardt had in his possession, and upon which his testimony purported to be based, show that the duration of the experiments in this group ran as high as 9½ days, and in all but two cases exceeded six days. 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 days. In the fasting and thirsting group he testified that they were discontinued after four to five days, while the chart shows that they lasted from 5½ to 7½ days. (Tr. pp. 8462-3.) No, Vollhardt’s testimony would indeed have been an unreliable substitute for the charts.

The testimony of the prosecution witnesses proves that the sea-water experiments resulted in murder and tortures. The Austrian witness Vorlicek, who was tried for “preparation of high treason” in 1939 and sentenced to four years in a penitentiary, was transferred to Dachau in March 1944 and acted as an assistant nurse in the experimental station during the course of the sea-water experiments. (Tr. pp. 9383-5.) One of the inmate guards who fell asleep was transferred to a penal company. (Tr. p. 9386.) At least one of the subjects suffered a violent attack of cramps. (Tr. p. 9386.) On one occasion Vorlicek spilled some fresh water on the floor and forgot the rag which he used to mop it up. The experimental subjects seized the dirty rag and sucked the water out of it. Beiglboeck threatened to put him in the experiments if it ever happened again. (Tr. p. 9387.) The experimental subjects were not volunteers. 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 experiments. (Tr. pp. 9388, 9392.) He testified that the subjects were of Czech, Polish, Hungarian, Austrian, and German nationalities. (Tr. p. 9388.) Some of the subjects were quite ill and he was under the impression that they would not live much longer. About three months after the experiments he met Franz, one of the subjects, and he told him that one of the victims of the experiments had already died. (Tr. p. 9390.)

The witness Laubinger, who was subject number 7, testified that he was arrested by the Gestapo in March 1943 because he was a gypsy. He was sent to Auschwitz in the spring of 1943 without having been tried for any crime. (Tr. p. 10199.) He was later transferred to Buchenwald for a few weeks and while there, together with other inmates, was asked to volunteer for a cleaning-up work detail in Dachau. The inmates were under the impression that conditions were better in Dachau, so they agreed to go. Upon their arrival at Dachau they were given a physical examination and X-rayed and then taken to the experimental station. (Tr. p. 10200.) Beiglboeck told them that they were to participate in the sea-water experiment and that was the first they knew of it. (Tr. p. 10201.) Laubinger identified Beiglboeck in the dock. (Tr. p. 10202.) He told Beiglboeck that he had had two stomach operations, but Beiglboeck did not permit him to withdraw. Beiglboeck did not ask whether the subjects wished to volunteer, and they did not volunteer. (Tr. p. 10203.) Laubinger, who was in the Schaefer group, was given Schaefer water for 12 days and fasted for at least nine days. He got so weak he could hardly stand up. The experimental subjects received special food for only one day after the experiment. Beiglboeck had promised them extra rations and an easy work detail but these promises were not kept. (Tr. p. 10205.) One of the subjects tried to persuade the others to refuse to drink the sea-water. Beiglboeck threatened to have him hanged for sabotage. The subject later vomited after drinking sea-water whereupon Beiglboeck had the water administered through a stomach tube. (Tr. p. 10207.) Another subject was tied to his bed and adhesive tape was plastered over his mouth, because he had obtained some fresh water and bread. Most of the subjects were Czech, Polish, and Russian nationalities, with approximately eight Germans. (Tr. p. 10208.). A number of subjects suffered attacks of delirium and two were transferred to the hospital. Laubinger did not see them again. (Tr. p. 10209.)

The witness Hoellenrainer corroborated the testimony of Laubinger on all important points. He testified that the experimental subjects did not volunteer (Tr. p. 10509) and that the majority of them were non-German nationals. (Tr. p. 10513.) Hoellenrainer testified further that Beiglboeck showed no concern for the experimental subjects, but, on the contrary, threatened to shoot them when they became excited. (It hardly seems appropriate to wear a gun when experimenting on volunteers.) He had no pity for them when they became delirious from thirst and hunger. (Tr. p. 10510.) The witness Hoellenrainer unfortunately assaulted Beiglboeck in open Court. This impulsive act of the witness, however, 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 experiments. We may rest assured that Hoellenrainer was no volunteer. When explaining his behavior to the Tribunal, Hoellenrainer characterized Beiglboeck a “murderer”. (Tr. pp. 10233-4.)

The witness Tschofenig was committed to Dachau in November 1940 where he remained until April 1945. He was a political prisoner. (Tr. p. 9331.). He is at present a member of the Carinthian Land Diet in Austria. (Tr. p. 9332.) From the summer of 1942 until the end, he was in charge of the X-ray station in Dachau. (Tr. p. 9334.) He examined the transport of gypsies in the summer of 1944 before the experiments began and excluded a number of them as being unfit. (Tr. pp. 9334-5.) He saw Beiglboeck several times in the camp and in the X-ray station. (Tr. p. 9335.) During the experiments a number of those who got sick were brought to the X-ray station for examination. Their physical condition had deteriorated considerably as a result of the experiments. He heard that one of the subjects had a maniac attack. (Tr. p. 9336.) At the conclusion of the experiments, three of the subjects were brought to the station for internal diseases. One was on a stretcher and unable to walk. All of them were X-rayed by Tschofenig. (Tr. p. 9338.) It was customary to send the results of the X-ray examinations to the hospital ward where the inmates were kept. 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 transfer. The station physician reported that the death resulted from the sea-water experiments. Tschofenig examined the death records himself. (Tr. p. 9339.)

Even Dr. Steinbauer, defense counsel for Beiglboeck, has apparently convinced himself that these experiments involved torture. He said, in explaining his conduct in withholding part of a document the Tribunal had ordered to be produced, that: “I do not want to say anything about the experimental subjects, who suffered terribly.” (Tr. p. 9378.)

c. Selections from the Argumentation of the Defense

EXTRACT FROM THE FINAL PLEA FOR DEFENDANT SCHROEDER[47]

* * * * *

I now come to the count of the indictment “Participation of the defendant Professor Dr. Schroeder in the sea-water experiments which were carried out in the Dachau concentration camp.”

In the case of these experiments, Professor Schroeder’s participation has been established, and he has accepted the responsibility as far as the preparation and the planning of these experiments are concerned. Professor Schroeder has mainly been accused by the prosecution of having permitted these experiments to be carried out in a concentration camp. The prosecution in its case against Professor Schroeder further stated that these experiments were not necessary at all, 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 cruelties; it also stated that it was clear that in no case had the experimental subjects been volunteers.

Therefore it is the task of the defense to show in the following paragraphs why from the point of view of Professor Schroeder, as Chief of the Medical Inspectorate of the Luftwaffe, these experiments had to be considered necessary, and just what reasons motivated him to give his approval for the carrying out of the experiments in a concentration camp.

The first question therefore is—why and from what considerations were there experiments ordered at all? It must be stated in advance here, that as far as Chief of the Medical Inspectorate Professor Schroeder was concerned, he did not have to examine the question whether one or the other method for making sea-water drinkable was more suitable; the problem for him existed in its entirety and it could not be divided. It was to rescue shipwrecked persons from death from lack of water and find the best method of protection against this danger. This problem had already been handled by various interested agencies for quite some time, and various individual questions for the solution of this problem had arisen. No method for making sea-water drinkable had been found and it was not clear what procedure should be advocated.

In the course of the year 1943 two methods for making sea-water drinkable were offered almost simultaneously. One of them, the so-called Wofatit method, had been developed by Dr. Schaefer in collaboration with I. G. Farben. Another, the Berkatit method, represented the invention of Stabsingenieur Berka.

It was quite clearly recognized that Schaefer’s Wofatit represented the ideal solution, because this method removed all the salt from the sea-water and changed it into drinking water, 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 drugs. We agree with the prosecution and the expert Professor Dr. 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 better. The participating agencies of the Medical Service of the Luftwaffe, Professor Schroeder and Dr. Becker-Freyseng, realized that quite clearly. From the chemical point of view this problem could also have been solved in a simple manner.

The difficulty which existed for Professor Schroeder with regard to this problem, however, lay in another field; this was the shortage of raw materials prevailing at the time, which had arisen in Germany because of the war. This circumstance made it possible for the Technical Office of the Luftwaffe to oppose the introduction of the Wofatit and to consider the Berkatit method, because the raw materials for the latter method could be procured without any difficulty and production could be started right away, since production facilities for the appropriate amounts were already in existence. It was different in the case of Wofatit. Considerable amounts of silver were required for its production, which could not be set aside for the production of Wofatit without damaging other production branches which also needed this metal. The Technical Office of the Luftwaffe, therefore, had already decided in favor of the introduction of Berkatit on 1 July 1944. Professor Schroeder, in his capacity as Chief of the Medical Inspectorate, however, could not have assumed the responsibility for having the units which were entrusted to his professional medical care equipped with the Berka method, because the danger existed that shipwrecked aviators, deceived by the improvement in the taste of sea-water, would drink it in larger amounts and thus increase the danger of their dying of thirst. 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 all. This last question could only be clarified by carrying out an experiment on human beings. An experiment on animals would not suffice in this respect, because the distribution of water in the body of animals differs from that in a human being. By proving its medical objections, the Medical Inspectorate would also have been able to make its point of view heard by the Technical Office, if the medical expert, Professor Dr. Eppinger, one of the best known specialists for internal diseases not only in Germany, but in Europe, had not sided with the Technical Office. Professor Eppinger, in the conference at the Technical Office on 25 May 1944, expressly voiced the opinion that the Berka method was suitable, because for a certain time the human kidney could concentrate salt up to 3 percent, 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 organism. This opinion was also shared at the same conference by the pharmacologist Professor Heubner, who is still one of the leading specialists in the field today.

Professor Schroeder would not have been able to turn down both methods. 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 water. It, therefore, becomes evident that these considerations on the part of Schroeder give us proof of his great feeling of responsibility; it was not easy for him to give his approval for the carrying out of such experiments.

Further developments also show clearly that Schroeder, in spite of the fact that he was extremely busy with official matters, devoted the greatest care and conscientiousness to this matter. He did not just decide to select Dachau as the place where the experiments were to be carried out. Originally he did not even harbor such a thought, but he intended to have the experiments carried out as a troop experiment in institutes which were owned by the Luftwaffe. He was primarily considering the Luftwaffe hospital at Brunswick for this purpose. On 1 July 1944 he turned to the chief medical officer of this hospital, who was competent in the matter, who, however, disapproved of it. This becomes evident from the certificate of Dr. Harriehausen, who was a Generalarzt at the time. Now Professor Schroeder began to consider the Military Medical Academy of the Luftwaffe in Berlin, where he intended to use the young cadets in this academy as experimental subjects. An inquiry which he made there was also unsuccessful. 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 units, and that the cadets of the academy were to be given a combat assignment. For the same reason, the suggestion of Professor Beiglboeck to carry out the experiments at the Tarvis Field Hospital also remained unsuccessful.

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 population, because all of them had either been conscripted for military service or for labor service. Professor Schroeder, therefore, had no choice but to follow the suggestion of considering Dachau concentration camp for his experimental station.

Professor Schroeder was not informed at all about conditions in a concentration camp. He thought the circumstances in such a camp were no different from those prevailing in a military camp, and only the names Dachau and Oranienburg were known to him as concentration camps. In this connection, it may be pointed out that the SS surrounded events in the concentration camps with an almost impenetrable veil of secrecy. Schroeder never listened to foreign radio stations. In the circles of his medical officers such events were never discussed. I may point out here that an express opponent of National Socialism, no less than the former Prussian Minister of the Interior, Severing, testified as a witness in the IMT trial that he had had no knowledge of the events in the concentration camps, and he had different sources of information at his disposal from Professor Schroeder. If Professor Schroeder had had any idea of what happened in concentration camps while he was away from Germany, then in view of his ideology as a faithful Christian, he would have refused such contact with concentration camps arising out of ordering these experiments. 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 separate, under the special leadership of a Luftwaffe medical officer and recognized specialist. As a further consideration, 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 hindrance. Because of the then prevalent almost daily air raids over the whole of Germany, no guarantee for an uninterrupted execution of these experiments could be given in any spot in Germany. However, it was known that air raids on concentration camps did not take place. Moreover, 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 experiments. The very opposite is true. It was clear to Professor Schroeder that if he wanted to be successful he could carry out these experiments only with voluntary experimental subjects, for the director of the experiments was dependent on the willing cooperation of the experimental subjects, since in no other way could usable clinical data be achieved. Every involuntary experimental subject would have had the power to drop out of the experiment prematurely by feigning indisposition or pain, and, in this way, would have caused the director of the experiment to terminate it prematurely.

For the further evaluation of Professor Schroeder’s conduct, his conversation with the Reich Physician SS Grawitz must be considered especially. Professor Schroeder expressed the opinion to Grawitz that he could only work with healthy and voluntary experimental persons, whose age corresponded to that of the pilots under his command, 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 question. On direct examination, Professor Schroeder testified under oath that in this connection he talked to Grawitz about dishonorably discharged former members of the German Wehrmacht who, he knew, had been transferred to concentration camps because of the seriousness of their offenses.

Professor Schroeder could not assume, nor was any report on the part of Grawitz or the SS leadership made to him, that the SS leadership did not accept this suggestion and that instead of former members of the German Wehrmacht, gypsies had been decided upon for experimental purposes. Professor Schroeder, from his point of view, could rely on Grawitz to make arrangements according to his suggestions; he had no reason to expect that the SS would decide upon experimental subjects, against his well-founded wish, who, racially and physiologically did not have the prerequisites demanded by Professor Schroeder.

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