Part 12
I further certify that I have apprised the above-named defendant of his right to the employment and designation of counsel to the extent that this was possible in view of his mental condition.
At the direction of the Tribunal I have made an investigation into the state of Gustav Krupp von Bohlen’s health and have obtained medical reports on this subject which are attached hereto. (Attachments I, II, and III).
As a result of the conclusions in these reports and my own observation, I suggest that the General Secretary recommend to the Tribunal that a committee of medical officers, representing each nation, be appointed by the Tribunal to proceed to Blühbach for the purpose of giving Krupp von Bohlen a thorough examination and reporting their findings to the Tribunal.
/s/ JAMES H. ROWE, JR.
Medical Certificates Attached to Certificate of Service on Defendant Gustav Krupp von Bohlen (Attachment I) 3d Battalion, Medical Section 232d Infantry Regiment Schloss Blühbach Bezirk Bischofshofen, Austria 6 October 1945
MEMORANDUM FOR: Capt. Norman A. Stoll, JAGD, Office U.S. Chief of Counsel for the Prosecution of Axis Criminality
SUBJECT: Condition of Health of Mr. Gustav Krupp von Bohlen
1. Mr. Gustav Krupp von Bohlen was examined by me today, and the following findings are noticed.
2. Subject has suffered from progressive arteriosclerosis and senility since 1939. He suffered an attack of cerebral thrombosis in 1942, which resulted in a temporary facial paralysis. About a year ago he lost bladder and sphincter control.
3. At the present time he is bedridden, has to be fed and to be cared for by nurses. He has no insight into his condition or situation whatsoever and is unable to follow or keep up any conversation.
4. I do not believe that subject can be moved without serious detriment to his health or that interrogation would be of any value due to his loss of speech and complete lack of any understanding. His course will be progressively down-hill.
5. In my judgment subject is not mentally competent to stand trial in a court of justice.
/s/ WALTER PICK Capt., MC, 232d Infantry
(Attachment II) Blühbach, 13 September 1945 Otto Gerke, M.D. Professor Bad Gastein _Medical Certificate_
Dr. Gustav Krupp von Bohlen und Halbach, born 7 August 1870, has been treated by me for many years; he was examined by me today. Since 1930 there has existed an arthrosis of the spine, as well as a hypotony which as far back as 1932 caused fainting fits. Since 1937 a rapidly increasing sclerosis of the vessels was to be noted which occurred in particular in the vessels of the brain.
In 1939 a fleeting paralysis of the eye muscles made its appearance and passing disturbances of speech occured. In the spring of 1942, the patient suffered an apoplectic stroke on the left side, with facialisparosis and a distinct increase of reflexes on the entire right side. The cerebral disturbances of circulation have gradually grown worse despite treatments with medicaments. They manifested themselves first in the form of impaired memory and will power, indecision and general deterioration of intellectual faculties and increased to the point of definite depressions accompanied by apoplectic numbness and involuntary crying. There developed an acute arteriosclerotic dementia.
In an automobile accident in December, 1944, the patient suffered a fracture of the nose bone and the skull basis and had to be treated for eight days in the Schwarzach Hospital at St. Veith. Since that time, his physical condition has also deteriorated, and several apoplectic fits have occurred as a consequence of multiple softenings of the brain with heart symptoms and striary syndroms.
The patient is by now completely apathetic and disorientated. There exists a motoric aphasy. Owing to rigor of the muscles, he can neither walk nor stand up. For approximately the last six months he has not been able to hold urine and stool. He is completely helpless even in the simplest matters. There can be traced an advanced emphysen in the lungs and a distinct myocardic impairment on the basis of a coronary sclerosis of the heart. An enlargement of the prostate gland has existed for years.
The prognosis of the condition is definitely unfavorable, an improvement is not to be expected. Herr Von Bohlen is in no way competent or capable of being interrogated.
/s/ DR. GERKE
(Attachment III)
HEADQUARTERS 42d DIVISION ARTILLERY APO 411 US ARMY
20 October 1945
SUBJECT : Physical Examination of GUSTAV KRUPP VON BOHLEN UND HALBACH
TO : General Secretary, International Military Tribunal, APO 403
1. The following history and physical examination of Herr Gustav Krupp von Bohlen und Halbach is submitted in compliance with a request from Mr. James Rowe. The history was obtained from Frau Von Bohlen and from the valet. The information was obtained on the 19th and 20th of October 1945 when the patient was examined at his home at Blühbach, Austria.
2. HISTORY OF PRESENT ILLNESS: Herr Von Bohlen has been developing arteriosclerosis since 1932 according to his physician’s reports. It is believed that he first had a very light apoplectic stroke in 1937. This was very transitory in nature and cleared without noticeable aftereffects except for some loss of the acuteness of his thought processes and memory which his family noticed. In the latter part of November 1944 he had a spell of unconsciousness, fell and fractured a finger and was unable to walk alone for about 24 hours. On 15 December 1944, he was in an automobile accident and received a severe blow and laceration of the forehead. He was hospitalized as a result of this accident until the first week of February 1945, at which time he returned home. Following this he was able to walk only with assistance and he was unable to make coherent statements. He continued to have light strokes and since March has been unable to walk even with help, and his ability to speak has gradually decreased until at the present time he is able only to speak an occasional single word. Also since leaving the hospital he has had no control of the bowels or bladder and during the past three months has given no evidence of recognizing various members of his family or close acquaintances.
3. PHYSICAL EXAMINATION:
GENERAL: The patient is an emaciated white male of 76 years of age who is unable to speak or to cooperate in his own examination, and appears to have no realization of what is going on about him.
SKIN: Scar 2 inches long extending across the forehead and downward between the eyes and across the bridge of the nose.
The skin of the groin is macerated bilaterally as a result of being constantly moistened with urine.
EYES, EARS, NOSE AND THROAT: No marked abnormalities.
LUNGS: Hyper-resonant throughout with moderate enlargement of the chest cage suggesting the presence of mild emphysema.
CARDIOVASCULAR SYSTEM: Apex of heart palpable at a point 1 cm medial to the left mid-clavicular line. No evidence of right heart enlargement could be detected. Pulse 80. Blood pressure 130/75. Pulse full and regular except for an occasional skipped beat. The distal palpable arteries in the wrist and ankles were markedly sclerotic.
MUSCULO-SKELETAL SYSTEM: Both legs and arms were slowly moved by the patient although all movements of the extremities were associated with moderate spasticity. The patient was unable to stand alone or walk when he was held upright.
NEUROLOGICAL SYSTEM: Pupillary reaction to light normal. Deep tendon reflexes in arms and legs were normal. Normal reaction to plantar stimulation.
GENITO-URINARY SYSTEM: Incontinence of urine was noted at the time of examination. Genitalia appeared normal. A prostatic examination was not made.
GASTRO-INTESTINAL SYSTEM: Abdominal examination was normal. Incontinence of the bowels was noted at the time of the examination.
4. IMPRESSION AND PROGNOSIS:
It is the impression of the undersigned that this man is suffering from far advanced generalized arteriosclerosis which is progressive and that he has already suffered from repeated small apoplectic strokes. It is believed that this condition has already developed to the point where this man has lost all capacity for memory, reasoning or understanding of statements made to him and that transporting or doing anything which might excite him might endanger his life.
/s/ PAUL F. CHESNUT Capt., MC Surgeon.
ACKNOWLEDGMENT OF SERVICE
The following declarations were received in writing from Hans Fritzsche and from Erich Raeder on 18 October 1945:
I, Hans Fritzsche, have received today, on 18 October 1945, at 1950 Berlin time, the Indictment of the Chief of Counsel of the International Military Tribunal, a statement regarding my right to defense, a list of German lawyers, the Rules of the International Military Tribunal in the German language. Above documents have been handed to me by the Red Army Officer Grishajeff, acting on orders of the International Military Tribunal and who advised me in the German language on the contents of the documents and on my right to defense.
Berlin, 18 October 1945.
/s/ HANS FRITZSCHE
I, Erich Raeder, have received today, on 18 October 1945, at 1850 Berlin time, the Indictment of the Chief of Counsel of the International Military Tribunal, a statement regarding my right to defense, a list of German lawyers, the Rules of the International Military Tribunal in the German language. Above documents have been handed to me by the Red Army Officer Grishajeff, acting on orders of the International Military Tribunal and who advised me in the German language on the contents of the documents and on my right to defense.
Berlin, 18 October 1945.
/s/ ERICH RAEDER
MOTION ON BEHALF OF DEFENDANT GUSTAV KRUPP VON BOHLEN FOR POSTPONEMENT OF THE TRIAL AS TO HIM
Nuremberg, 4 November 1945
Theodor Klefisch Lawyer Cologne, 43, Blumenthalstrasse To : The International Military Tribunal, Nuremberg.
As defending counsel to the accused Dr. Gustav Krupp von Bohlen und Halbach I request that the proceedings against this accused be deferred until he is again fit for trial.
At any rate I request that the accused be not tried in his absence.
_Reasons_
By Article 12 of the Charter of the International Military Tribunal this Court has the right to try an accused in his absence if he cannot be found, or if the Court deem this necessary for other reasons in the interest of justice.
The 75-year-old accused Krupp von Bohlen has for a long time been incapable of trial or examination owing to his severe physical and mental infirmities. He is not in a position to be in contact with the outside world nor to make or receive statements. The Indictment was served on him on 19 October 1945 by a representative of the International Military Tribunal by placing the document on his bed. The accused had no knowledge of this event. Consequently he is not aware of the existence of an Indictment. Naturally therefore he is not capable of communicating either with his defense counsel nor with other persons on the subject of his defense.
To prove the above two medical certificates are enclosed—that of the court medical expert Doctor Karl Gersdorf of Werfen, Salzburg of 9 September 1945, and that of the Professor Doctor Otto Gerke of Badgastein of 13 September.
Lately Herr Krupp von Bohlen has been examined several times by American military doctors. As far as it is possible I should like to request another complete medical examination. If the accused is unable to appear before the Court, then according to Article 12 of the Charter he could be tried only if the Court deemed it necessary in the interests of justice.
Whatever may be understood by the phrase “in the interests of justice” it would hardly be objective justice to try a defendant accused of such serious crimes, if he were not informed of the contents of the accusations or if he were not given the chance to conduct his own defense or instruct a defense counsel. Particularly is he in no condition to comprehend the following rights of an accused set out in the Charter:
1. By Article 16, Section (a) of the Charter a copy of the Indictment in a language which he understands will be served on the accused at a suitably appointed time. The assurance given hereby for a sufficient preparation of the proceedings can not be guaranteed to Defendant Krupp von Bohlen on account of his state of disease. According to Section (c) of the same Article 16 a preliminary interrogation of the defendant shall take place in a language intelligible to him. That is likewise impossible here. According to Section (d) of Article 16 the defendant moreover can not exercise his right of decision as to whether he will conduct his own defense or whether he would like to be defended by counsel. Also the right of the defendant as provided in Section (c) of producing evidence and of cross examining witnesses himself or by his counsel in his behalf can not be exercised by the defendant in view of his condition.
2. In the same manner as the Defendant Gustav Krupp von Bohlen und Halbach is not able to exercise the confirmed rights stated above in the preliminary proceedings he will also not be able to exercise in the Trial those rights guaranteed to him by Article 24 of the Charter. In the first place this concerns the statement which the accused has to render on inquiry as to whether he admits his guilt or not, a statement which is of particular importance for the course of the Trial and for the decision of the Tribunal. This is all the more important as this statement regarding guilt or innocence can be made exclusively by the accused himself according to his own judgment and after examining his conscience. So far as the procedure is admissible at all, the defense counsel could not at the request of the Court express himself on the question of guilt, as such a declaration presupposes the possibility of communication and understanding with the accused.
Also the defendant could not exercise the right to the last word to which he is entitled according to Article 24, Section (j).
The legislators who set up these guarantees for the defense cannot wish to deny them undeservedly to an accused who can not make use of them owing to illness. If by Article 12 of the Charter the Trial of an absent defendant is allowed, then this exception to the rule can be applied only to a defendant who is unwilling to appear though able to do so. As is the case with the criminal procedure rules of nearly all countries, it is on this principle that the rules and regulations concerning the trial of absent defendants are based.
/s/ KLEFISCH Lawyer
Medical Certificates Attached to Motion on Behalf of Defendant Gustav Krupp von Bohlen (Attachment I) _Doctor’s Certificate_
Dr. Gustav Krupp von Bohlen und Halbach, born 7 August 1870, presently residing at Posthaus Blühbach, Werfen, Salzburg, suffers from progressive arteriosclerotic softening of the brain (Paralysis celebri) and as a consequence of this illness he requires constant care and treatment. He is incapable of standing trial or of being subjected to interrogation. An improvement of his condition is not to be expected. Owing to his bad general physical condition (Myodegeneratio cordis and Ataxis) he is not capable of traveling either.
/s/ KARL GERSDORF, M. D. District Doctor Werfen, Salzburg Certified Court Expert
Werfen, 8 September 1945 (Attachment II)
Attachment II is a medical certificate by Dr. Otto Gerke, printed on page 120 ante.
REPORT OF MEDICAL COMMISSION APPOINTED TO EXAMINE DEFENDANT GUSTAV KRUPP VON BOHLEN[15]
7 November 1945
We, the undersigned, during the morning of 6 November 1945, examined the patient, identified as Gustav Krupp von Bohlen by the military authorities in charge, in the presence of his wife and nurse.
We unanimously agree that the patient was suffering from: Senile softening of the brain, selectively affecting the frontal lobes of the cerebral cortex and the corpus striatum, due to vascular degeneration.
It is our unanimous, considered, professional opinion that the mental condition of the patient, Gustav Krupp von Bohlen, is such that he is incapable of understanding court procedure, and of understanding or cooperating in interrogation.
The physical state of the patient is such that he cannot be moved without endangering his life.
We are of the considered opinion that his condition is unlikely to improve, but rather to deteriorate even further.
Therefore, we unanimously believe that he will never be fit, mentally or physically, to appear before the International Military Tribunal.
/s/ R. E. TUNBRIDGE Brigadier, O.B.E., M.D., M.Sc., F.R.C.P. Consulting Physician, British Army of the Rhine /s/ RENE PIEDELIEVRE M.D., Professor of the Paris Faculty of Medicine; Expert of the Tribunal /s/ NICOLAS KURSHAKOV Professor of Medicine, Medical Institute of Moscow Chief Internist, Commissariat of Public Health, U.S.S.R. /s/ EUGENE SEPP Emeritus Professor of Neurology, Medical Institute of Moscow Member, Academy of Medical Sciences, U.S.S.R. /s/ EUGENE KRASNUSHKIN M. D., Professor of Psychiatry, Medical Institute of Moscow /s/ BERTRAM SCHAFFNER Major, Medical Corps Neuropsychiatrist, Army of the United States
[15] At a meeting of the International Military Tribunal on 30 October 1945, “it was agreed that a committee of four medical officers, one appointed by each Member of the Tribunal, be sent, if the Committee of Prosecutors made no objection, to examine Krupp and that they be empowered to employ specialists if necessary.” The report of this Medical Commission was presented 7 November 1945.
Report of the Medical Examination of Herr Gustav Krupp von Bohlen
1. History: The following information was obtained by questioning Frau Krupp von Bohlen, wife of the patient, Herr Krupp’s valet, and Frl. Krone, private secretary of the patient.
The patient had been physically a very active man. He hunted, rode and played tennis. With the aid of guides, he was hunting deer as recently as 1943. He was abstemious in his personal habits, did not smoke or partake of alcohol. He retired to bed early, rarely remaining up after 2200 hours. He had eight children, six sons and two daughters. There is no family history of mental disorder or of drug addiction.
Previous Illness: There is no history of any major illness. Since 1930, he has taken spa treatment each year for arthritis of the spine and for hypotension. No radiographs were available to indicate the true pathology of the spinal condition. The valet stated that the patient, on the recommendation of his physicians, had been very careful with his diet during the past ten years.
Present Illness: For several years, the patient had been subject to giddy attacks. In consequence, his wife was always anxious when he went hunting, lest he should have an attack whilst on the edge of a cliff, and fall and kill himself. Two reliable guides always accompanied him on his hunting excursions, and in 1942 Frau Krupp also joined in expeditions in order to watch him.
Four years ago, the patient had a disturbance of vision primarily due to dysfunction of the eye muscles. For a period he had double vision. From this illness, he made an apparent complete recovery.
Two years ago he had a stroke, with weakness of the left side of the face, and impaired function of the right side of the body. Following the latter incident, impairment of gait, general weakness, and impairment of mental functions became increasingly apparent. From the middle of 1944 onwards, the patient became more and more dependent upon his wife; she was the only person who seemed to understand fully his speech and his needs.
On November 25th, 1944, he was proceeding from the garden towards the house, and suddenly seemed to run (propulsion gait). Just before reaching the house, he fell and injured his arm. As a result of this accident, he attended the local hospital for treatment, traveling by motor-car. On December 4th, whilst traveling to the hospital at Schwarzach-St. Veith, and asleep in the back of the car, the driver was compelled to swerve to avoid another vehicle, and to brake suddenly. Herr Krupp von Bohlen was thrown forward, and hit his forehead and the bridge of the nose against a metal rail behind the driver’s seat. He did not lose consciousness, but his condition was such that he was detained in the hospital for approximately eight weeks. During his stay in the hospital, he recognized his wife, his relatives and the members of his staff, and spoke to them, albeit haltingly.
Since the accident mentioned above, the general condition of the patient has deteriorated rapidly. The members of his staff had increasing difficulty in understanding him. At first, with the aid of two people, he was able to walk a few steps; until two months ago he sat for short periods in a chair. The assistance of men-servants was necessary for this task. He has been incontinent of feces and urine since returning from the hospital in February 1945. Since this date he has only spoken an occasional single word, the words being simple ones and without any rational association, apart from sporadic expletives, such as “Ach, Gott” and “Donner Wetter”, when disturbed. At times he has been exceedingly irritable and on occasions has had inexplicable bouts of weeping. During the past two months, he has become increasingly apathetic, and no longer recognized relatives or friends. Frau Von Bohlen thinks he may still recognize her as a familiar face, but he exhibits no emotional reaction to her presence. She thinks he realizes occasionally that strangers are in the room; e. g., members of the Allied services, and responds by being very tense.
Frl. Krone, secretary to the patient, stated that on returning to Blühbach in September 1944, after an absence since May 1944, she could no longer take down letters as dictated by Krupp von Bohlen. Normally he was a very punctilious man, and his diction and writing were correct and very precise. She stated that after September 1944 there were frequent interruptions in his flow of ideas, his syntax was faulty, and he occasionally did not appear to appreciate the meaning of certain words. She would get an idea of what he wanted to say, and then wrote the letter herself in accordance with what she understood to be his wishes. His handwriting also became increasingly illegible, and he had difficulty in signing his name when giving power of attorney to his relatives in January 1945.