c. Selection from the Argumentation of the Defense

_EXTRACT FROM THE FINAL PLEA FOR DEFENDANT HANDLOSER_[54]

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_Epidemic Jaundice_ (_Hepatitis_)

The problem of experiments in the field of hepatitis research consists in finding the most efficient treatment of the disease and identifying the virus in order to evolve a vaccine.

Discussions of this problem were extensive during this trial. The indictment on this point applies only when experiments on human beings, as understood by the prosecution, such as infection with jaundice germs, could have effects detrimental to health. On this the experts, Professors Gutzeit and Rose, have expressed their opinions. Professor Gutzeit, as one of the foremost specialists for problems connected with epidemic jaundice, on the basis of his extensive practical clinical experience and experiments on his own person, has described the effects as follows:

“As far as I, as clinical physician, can judge, the development of vaccines, and of experiments to gain these vaccines, is harmless. This harmlessness is shown by the fact that spontaneous outbreaks of jaundice are not dangerous in themselves. Like every other vaccine, a potential vaccine which is being developed for or against hepatitis may cause harmless local reactions on the place of vaccination.”

Furthermore he said, “it (epidemic jaundice) is a harmless disease” (_German Tr. p. 2761_); “it has no damaging after-effect on the liver.” (_German Tr. p. 2763._) Professor Rose has expressed his expert opinion in the following words: “Hepatitis epidemica as such is not considered a dangerous disease by hygienists.” (_German Tr. pp. 5433, 5434._) Then he continues that naturally, just as in the case of a nasal cold, so in the case of hepatitis, complications may arise as after-effects, “but no one would consider hepatitis as a dangerous disease for that reason.” (_German Tr. p. 6454._) As to the experiments, Professor Rose says:

“In Germany, experiments with hepatitis virus have been carried out by Eppinger, Vogt, Esser, and Lembel and no incidents occurred. All experiments took place without ill effects. This is, of course, very limited experimental material, but material concerning hundreds of cases which permit a more accurate judgment has been published in England and America. Up to date I have knowledge of about 60 experiments on human beings for hepatitis and no single incident has been reported yet.”

The prosecuting counsel furnished no proof in this trial that infection experiments with jaundice organisms on unwilling persons took place at all in the concentration camps. Whereas in the case of the other facts the prosecution produced medical records or a witness to prove that such experiments had been carried out, this was not possible with regard to epidemic jaundice. Proof was limited to the presentation of documents which one must admit might have given any layman, or even a doctor who was not a hygienist or a clinical physician, the impression that the experiments in question must have been dangerous. The letter of Dr. Grawitz dated 1 June 1943 to Himmler (_NO-010, Pros. Ex. 187_) contains the sentence, “We must expect deaths.”

According to the expert opinions expressed by Rose, Gutzeit, and Hoering this view is incorrect and incomprehensible. The experts exclude in practice all possibility of death. Rose declares (_German Tr. p. 6455_):

“Grawitz, who had only concerned himself for years with the business of administration, did not have sufficient understanding of the matter,” or “that he was cautious to an exaggerated degree * * *.”

Professor Gutzeit (_German Tr. p. 2764_) says of Document NO-010, Prosecution Exhibit 187:

“The only way I can explain it to myself is that Grawitz himself was not sufficiently informed about this jaundice, the course of the disease, and its danger. Certainly Grawitz was no specialist on this matter, this jaundice, and has for a considerable time been out of touch with practical medicine.”

Professor Gutzeit gives the mortality figure for jaundice as less than 0.1 percent; finally he declares (_German Tr. p. 2762_) that severe pain and suffering, such as mentioned in the indictment, do not occur when a patient is injected with jaundice organisms. A layman can also understand that over-injection can only produce at the most the disease itself, the effects of which have already been represented as harmless.

As already stated, the prosecution furnished no concrete assertions that the intended experiments were made in Sachsenhausen. Here we are speaking of the time from June 1942. At this time Stabsarzt Dr. Dohmen was allowed to work in the concentration camp at Sachsenhausen in accordance with permission given by Himmler. Professor Gutzeit worked together with Stabsarzt Dr. Dohmen insofar as he conducted the hepatitis research work from the clinical side, while Dr. Dohmen was occupied with basic bacteriological research, in the Robert Koch Institute where he was stationed at the time in question and worked under Professor Gildemeister. Evidence was given by Professor Rose (_German Tr. p. 6468_) and Dr. Lentz. (_Rose 16, Rose Ex. 12._)

As a result of the mutual exchange of experience which took place, we must assume that Professor Gutzeit was informed about Dohmen’s research work in this field. Gutzeit also testified upon oath what Dohmen had reported to him about his activity in Sachsenhausen. According to this, Dohmen was only able to escape pressure from Himmler and Grawitz to leave him his breeding stocks by apparently acceding to the offer that he should conduct experiments in Sachsenhausen, but in actual fact undertaking experiments only on prisoners of concentration camps which could be carried out without any risk of bodily harm or loss of life.

In like manner the prosecution was obliged to furnish proof with regard to the experiments asserted to have been made on concentration camp prisoners in Natzweiler. The only witness provided by the prosecution for this, a woman by the name of Eyer, did _not_ confirm what the prosecution affirmed, namely that experiments intended by Professor Haagen in the research into hepatitis had been carried out in the concentration camp at Natzweiler. (_German Tr. p. 1765._)

Dr. Cording testified in an affidavit submitted by Professor Rose:

“For my training in the study of hygiene and bacteriology I was detailed in February 1944 to the Hygiene Institute of Strasbourg University where I was engaged, until the military occupation of the town on 23 November 1944, almost exclusively on work connected with hepatitis (series of inoculations of mice and proof of virus in the organs of mice) under Professor Haagen.”

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“It did not come to my ears that during the time I was in Strasbourg experiments with hepatitis were made on human beings within the framework of this cooperation. In the middle of July 1944 Stabsarzt Dr. Dohmen went from Giessen to visit Professor Haagen in Strasbourg for about 2-3 days. During this time he saw for himself in the Institute the results obtained from our research work in hepatitis. He confirmed that the results of his experiments had been similar but that all his research material had been destroyed in an air raid on Berlin. At present he was busy in Giessen making a fresh start with his own experiments.

“I know for a fact that Dr. Dohmen was not in Natzweiler during the time of his visit to Strasbourg. I know nothing of any further cooperation between Professor Haagen and Dr. Dohmen.”

Thus it is proved that Dr. Dohmen was not at the Natzweiler concentration camp and did not take part in any experiments on human beings there in this particular branch of medicine. In correcting his affidavit (_NO-371, Pros. Ex. 186_) the defendant Rudolf Brandt declared upon oath that he had no knowledge that these experiments had been carried out in Sachsenhausen and that some of the prisoners died. In like manner he revoked his evidence concerning the cooperation of Dr. Dohmen and Dr. Haagen in the Natzweiler concentration camp and declared that no facts were known to him about this. (_German Tr. pp. 1990-1993._) Finally Rudolf Brandt declared in his affidavit (_Handloser 11, Handloser Ex. 35_) that no facts were known to him from which could be deduced that the defendant Handloser had any knowledge of the experiments in Sachsenhausen and Natzweiler.

If one also takes into consideration Professor Gutzeit’s testimony that Professor Handloser had reported nothing about Dohmen working in the concentration camp in Sachsenhausen or of his activity there, the following emerges: Professor Handloser’s answer is correct that he had no knowledge that experiments with epidemic jaundice were conducted on human beings in the concentration camps of Sachsenhausen and Natzweiler.

On the other hand Professor Handloser declares that he had a considerable interest in the hepatitis research work, as it is also established that not only his consulting physician Gutzeit but also numerous other offices had concerned themselves with hepatitis research. Professor Handloser gave reasons, confirmed by Professor Gutzeit, why he, as medical officer responsible for the management of health matters in the army, had the duty to give importance to the research in order to find out what caused epidemic jaundice. As far as Handloser knew, this research was carried out in accordance with recognized medical practice, i. e., by experiments on animals and on the persons of the experimenters themselves; likewise by unobjectionable clinical examinations of human beings.

This also emerges from the hepatitis meeting of June 1944 in Breslau. Professor Gutzeit also reported about this meeting and declared upon oath that six or seven different hepatitis research workers had given reports on their experiments and the results obtained. Nothing was said about experiments on human beings. From this Professor Handloser, who took part in the meeting which included the military and civilian sector, must have gained the impression that research into hepatitis was conducted in a generally recognized medical fashion.

As it could not be established at this meeting whether the organisms bred by the various offices were identical, or whether it was a question of different viruses (_German Tr. p. 2737_), the suggestion made by Generalarzt Dr. Schreiber, who as the delegate of the Reich Research Council for the combat of epidemics was the chairman of the meeting, was to the point and served the purpose. His suggestion was that various working groups for hepatitis research be formed in order that results obtained on each side might be compared. On both direct and cross-examination, Professor Gutzeit gave a convincing explanation for his letter of 24 June 1944 (_NO-124, Pros. Ex. 193_), in which he speaks of the experiments “_crucis ad hominem_.” He declared that he had prepared with his students and candidates a vaccination with the virus material placed at his disposal in Breslau. (_German Tr. pp. 2739-2740._)

Dr. Dohmen’s visit to Strasbourg, which was requested by Haagen, was to have been made in compliance with the suggestion of Dr. Schreiber to form a circle of research groups.

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