d. Evidence

_Prosecution Documents_ Pros. Ex. Doc. No. No. Description of Document Page NO-371 186 Affidavit of defendant Rudolf Brandt, 14 503 October 1946, concerning experiments to determine the cause of epidemic jaundice. NO-011 188 Note from Himmler to Grawitz, 16 June 1943, 504 concerning epidemic jaundice experiments at concentration camp Sachsenhausen. NO-299 190 Letter from Haagen to Schreiber, 12 June 505 1944, concerning epidemic jaundice experiments. NO-125 194 Copy of letter from Haagen to Gutzeit, 27 506 June 1944, concerning epidemic jaundice experiments on human beings.

_Testimony_

Extract from the testimony of defendant Karl Brandt 506

PARTIAL TRANSLATION OF DOCUMENT NO-371 PROSECUTION EXHIBIT 186

AFFIDAVIT OF DEFENDANT RUDOLF BRANDT, 14 OCTOBER 1946, CONCERNING EXPERIMENTS TO DETERMINE THE CAUSE OF EPIDEMIC JAUNDICE

I, Rudolf Brandt, being duly sworn, depose and state:

* * * * *

_Experiments to Determine the Cause of Epidemic Jaundice_ (_Hepatitis Epidemica_)

3. About the middle of 1943, Dr. Grawitz, Reichsarzt SS, wrote to Himmler that Dr. Karl Brandt wished to obtain prisoners for experimentation on the causes of a jaundice epidemic. He had been doing research on this problem with the assistance of Dr. Dohmen, a medical officer attached to the Army Medical Corps and the Robert Koch Institute. Experiments had thus far disclosed that contagious jaundice is transferred by a virus and human beings were desired for inoculation with germs which had been cultivated in animals. Grawitz advised that death of some of the experimental subjects must be expected. He wanted to know if Dr. Dohmen could be permitted to carry out the experiments at the Sachsenhausen concentration camp, as desired by Dr. Karl Brandt.

4. Himmler wrote Grawitz that Dr. Dohmen had his permission to conduct the experiments at Sachsenhausen, and for that purpose he had Oswald Pohl of the WVHA allocate a number of prisoners to be used as experimental subjects. I know that these experiments were carried out and that some of the prisoners died as a result.

5. Dr. Eugen Haagen, Oberstabsarzt and consultant in hygiene for the Luftwaffe, had also been doing research work at the Natzweiler concentration camp in an effort to discover an effective inoculation against epidemic jaundice. As I recall, Dr. Dohmen collaborated with Haagen in 1944 at Natzweiler and experiments on involuntary human beings were conducted which resulted in deaths.

6. These experiments were of course well known to Karl Brandt as he was personally furthering them. Handloser and Schroeder must also have known of them because Dohmen and Haagen were doctors in the Medical Services of the Army and the Luftwaffe respectively. Generalarzt Paul Rostock was also well informed on all research work of this nature.

I have read the above statement in German, consisting of two (2) pages, and it is true and correct to the best of my knowledge and belief. I have had the opportunity to make any changes and corrections in the foregoing statement. This statement was given by me freely and voluntarily, without promise of reward and I was subjected to no duress or threat of any kind.

[Signed] R. BRANDT

TRANSLATION OF DOCUMENT NO-011 PROSECUTION EXHIBIT 188

NOTE FROM HIMMLER TO GRAWITZ, 16 JUNE 1943, CONCERNING EPIDEMIC JAUNDICE EXPERIMENTS AT CONCENTRATION CAMP SACHSENHAUSEN

The Reich Leader SS Day Book No 1652/43, RF/BN

XIa-/-43 Field H. Q., 16 June 1943

Subject: Investigation of the cause of the infectious jaundice (hepatitis epidemica)

Reference: Yours of 1 June 1943—Az.: 420/IV/43—Diary No. 6/43 g.Kdos.

Top Secret

Reich Physician SS and Police 4 Copies Berlin 3d Copy

I acknowledge the receipt of your letter of 1 June 1943.

1. I approve that eight criminals condemned in Auschwitz (eight Jews of the Polish resistance movement condemned to death) should be used for experiments.

2. I agree that Dr. Dohmen should make these experiments in Sachsenhausen.

3. I agree with your opinion that a real fight against infectious jaundice would be of unheard [of] value.

[Signed] H. HIMMLER.

2. SS Obergruppenfuehrer Pohl,[55] Berlin

Carbon copy forwarded with request that you will duly note.

[Signature] SS Obersturmbannfuehrer

TRANSLATION OF DOCUMENT NO-299 PROSECUTION EXHIBIT 190

LETTER FROM HAAGEN TO SCHREIBER, 12 JUNE 1944, CONCERNING EPIDEMIC JAUNDICE EXPERIMENTS

12 June 1944

Generalarzt Professor Dr. Schreiber Academy of Military Medicine Berlin NW

Dear Generalarzt:

Enclosed I am sending you my hepatitis report for further use. At the same time I would like to use this opportunity to renew my invitation to Stabsarzt Dohmen. Since I do not know his present address, may I direct this invitation to you and suggest that Dr. Dohmen be assigned to me for several weeks so that we may discover and possibly work on questions we have in common. This would probably be the quickest way to determine whether we have the same virus or not. A satisfactory date for Dohmen’s visit to begin would be 15 July.

At the same time I should like to approach the subject of your negotiations for mice. My supplies, and particularly my cultures, are so depleted that they absolutely must be rejuvenated and refilled. You told me in Hohenlychen that it is possible for you to secure mice, even in large numbers. May I ask you to endeavor to secure for me several thousand mice of both sexes, preferably only young animals.

Thirdly I would like to ask whether the hepatitis research will be carried on in future out of funds of the Reich Research Council? My funds for this branch are now exhausted and I am faced with the question as to whether to apply for further funds to my Medical Chief of the Luftwaffe or to you. I would be grateful to you to be informed about this shortly.

With kindest greetings and compliments, Heil Hitler! Very devotedly yours, [Signed] HAAGEN

TRANSLATION OF DOCUMENT NO-125 PROSECUTION EXHIBIT 194

COPY OF LETTER FROM HAAGEN TO GUTZEIT, 27 JUNE 1944, CONCERNING EPIDEMIC JAUNDICE EXPERIMENTS ON HUMAN BEINGS

Oberstabsarzt Professor Dr. E. Haagen, Consulting Hygienist to the Air Fleet Physician Reich

Strasbourg, 27 June 1944

To: Oberstarzt Professor Dr. Gutzeit Consulting Physician to the Army Medical Inspector, Medical Clinic of University of Breslau, Hobrechtufer 4

My dear colleague Gutzeit,

Many thanks for your letter of 24/6/44. I am glad that Herr Dohmen will come here on 15 July. We shall then review all common hepatitis questions and perhaps also set up the experiments together.

I cannot at present definitely answer your inquiry about human experiments. As you know, I am working with Herr Kalk, Herr Buechner, and Herr Zuckschwert. Naturally, I have already arranged with Herr Kalk that we shall undertake that type of experiment with our material. I must therefore first determine the point of view of the others concerned.

I shall be very glad to begin work on the nephritis material from your Oberstarzt K (?) [sic].

With best greetings, Heil Hitler! Yours EXTRACT FROM THE TESTIMONY OF DEFENDANT KARL BRANDT[56]

_DIRECT EXAMINATION_

* * * * *

DR. SERVATIUS: The indictment mentions experiments with hepatitis. A letter from Grawitz to Himmler says that you furthered these experiments. Did you yourself do any clinical work on this question?

DEFENDANT KARL BRANDT: I never did any work in connection with hepatitis epidemica, for that would have been during the war, as before the war this disease was not given much importance in Germany. During the war I did not deal with this question because I was too busy with other things, and also because such a purely internal disease, although perhaps of interest to the hygienist, was relatively uninteresting to me as a surgeon.

Q. Did you allocate research assignments on this subject? How about Dr. Dohmen?

A. I do not know why I should have given a research assignment to Dr. Dohmen. Of course the question of hepatitis was a question which interested everyone, for it was encountered everywhere in the East. But, for that reason I would not have given special attention to that disease. It had no relation to other things which were of more interest to me as a surgeon. I know the letter. I was told about it last year. I saw it here again for the first time this year. It says that I had asked Grawitz to have special hepatitis work carried out by Dr. Dohmen. Dr. Dohmen, the letter goes on, was to obtain seven or eight prisoners for that purpose and the lives of these prisoners would be endangered. It is not clear to me in what connection, and for what reason, my name was mentioned as the instigator of hepatitis research, for in all the rest of the correspondence, and in all the other documents, there is not even the slightest hint that I had any particular interest in this question, or that I was so interested that I would have started the research. I never really knew that the experiments were actually carried out, and I never received any report of results. There are indications contrary to the sense of this letter, especially when it says these experiments are to be carried out on persons condemned to death. Hepatitis epidemica is not a disease as dangerous as all that. I have inquired meanwhile, and know that compared with malaria, for example, it is only about a fifth or a tenth as dangerous. I have already discussed today my relationship with Himmler and with Grawitz. I did not invent that; that was actually the truth. On the other hand, it is interesting to note that in all the correspondence concerning hepatitis, one year later, after the first letter failed to have the desired effect, Professor Schreiber sought a way to approach Himmler in order to have hepatitis research work continued.

Schreiber was the deputy for epidemic control in the Reich Research Council, so that I may assume that, for some reason which is not quite dear to me, Grawitz possibly confused Schreiber and me in the first letter. That is conceivable. The letter is dated 1 June 1943. A short time before that there was a meeting of the Military Medical Academy, and probably Grawitz, who was present, talked to Schreiber as well. In any case I am not able to give any information about this question of hepatitis, and certainly not about any experiments which actually took place. I have no information; I received no report; and I have not heard from any other source even now that these experiments were really conducted. It seems to me significant that the witness Schmidt, who was heard here, testified that the experiments were certainly not conducted in Strasbourg, as Dohmen, who wanted to conduct them, was there for only two or three days himself.

* * * * *

[54] Final plea is recorded in mimeographed transcript, 14-15 July 1947, pp. 10818-10849.

[55] Defendant in Case of United States _vs._ Oswald Pohl, et al. See Vol. V.

[56] Complete testimony is recorded in mimeographed transcript, 3, 4, 5, 6, 7 Feb. 1947, pp. 2301-2661.

9. TYPHUS AND OTHER VACCINE EXPERIMENTS

a. Introduction

The defendants Karl Brandt, Handloser, Rostock, Schroeder, Genzken, Gebhardt, Rudolf Brandt, Mrugowsky, Poppendick, Sievers, Rose, Becker-Freyseng and Hoven were charged with special responsibility for and participation in criminal conduct involving typhus experiments (par. 6 (J) of the indictment). In the indictment, “spotted fever” was used for the German word “Fleckfieber”, but later this was translated as “typhus”. (_See also judgment, Vol. II._) On this charge the defendants Handloser, Schroeder, Genzken, Rudolf Brandt, Mrugowsky, Sievers, Rose, and Hoven were convicted, and the defendants Karl Brandt, Rostock, Gebhardt, Poppendick, and Becker-Freyseng were acquitted.

The prosecution’s summation of the evidence on the typhus experiments is contained in the final briefs against the defendants Mrugowsky and Schroeder. Extracts from them are set forth below on pages 508 to 528. The extract of the prosecution brief against Mrugowsky summarizes evidence concerning experiments with old blood plasma, blood transfusions, and withdrawal of blood from inmates of the Buchenwald concentration camp for the purpose of manufacturing a typhus convalescent serum. A corresponding summation of the evidence by the defense on these experiments has been selected from the closing brief for the defendant Rose and the final plea and closing brief for the defendant Mrugowsky. These appear below on pages 528 to 554. This argumentation is followed by selections from the evidence on pages 555 to 631.

b. Selections from the Argumentation of the Prosecution

_EXTRACTS FROM THE CLOSING BRIEF AGAINST DEFENDANT MRUGOWSKY_

_Typhus and Other Vaccine Experiments_

The attack against Russia in 1941 gave rise to many military medical problems, not the least of which was typhus. The disease reached serious proportions in the fall of 1941, and typhus vaccines were so scarce that only doctors, nurses, and other medical personnel in exposed positions could be given inoculations. (_Tr. pp. 3160-3161._)

One of the most important problems with respect to the increased production of typhus vaccines was the effectiveness of the so-called Cox-Haagen-Gildemeister vaccine, which was produced from egg-yolk cultures. The effective Weigl vaccine, produced from the intestines of lice, was available, but its manufacture was expensive and complicated. The egg-yolk vaccine was relatively simple to produce but its protective qualities were not regarded as having been sufficiently proved. (_NO-732, Pros. Ex. 451._)

The entry for 29 December 1941 in the Ding diary proves that a conference was held on that date between Handloser, as Army Medical Inspector; Conti, of the Ministry of Interior; Reiter, of the Public Health Department; Gildemeister, of the Robert Koch Institute; and Mrugowsky, of the Hygiene Institute of the Waffen SS. (_NO-265, Pros. Ex. 287._)

At the conference it was decided that the typhus vaccine from egg yolks was to be tested on human beings to determine its efficacy. On the same day an earlier conference was held which discussed the same problem. It took place at the Reich Ministry of the Interior, and was attended by Bieber of the Interior; Gildemeister; representatives of the General Government in Occupied Poland; officials of the Behring Works of I. G. Farben, and Oberstabsarzt Scholz, of the Army Medical Inspectorate. The minutes of this conference state that:

“The vaccine which is presently being produced by the Behring Works from chicken eggs shall be tested for its effectiveness in an experiment. For this purpose Dr. Bieber will contact Obersturmfuehrer Dr. Mrugowsky.”

Since Mrugowsky was not present at this conference, it is obvious that other conferences took place in which this matter was discussed with him, which is corroborated in the entry of the Ding diary referred to above.

As a result of the decision reached at these conferences, the experimental station in the Buchenwald concentration camp under SS Sturmfuehrer, later Hauptsturmfuehrer Dr. Ding-Schuler (hereinafter referred to as “Ding”) was established. (_NO-265, Pros. Ex. 287; Tr. p. 1154._) The charts drawn by the defendant Mrugowsky, among other proof, show that the experimental station in Buchenwald was subordinated to the Hygiene Institute of the Waffen SS under Mrugowsky from the date of its establishment until the end of the war. (_NO-416, Pros. Ex. 22_; _NO-417, Pros. Ex. 23_.)

In the beginning of 1943, the research station in Buchenwald was officially called the “Department of Typhus and Virus Research” of the Hygiene Institute of the Waffen SS. The experiments were carried out in Block 46, the so-called Clinical Block, with the exception of a few experiments early in 1942. In the autumn of 1943 a vaccine production department was established in Block 50. Both Blocks 46 and 50 were part of the Division for Typhus and Virus Research. The defendant Hoven was the deputy to Ding in both blocks. (_NO-265, Pros. Ex. 287; Tr. pp. 1155-1156._)

Criminal experiments on concentration camp inmates without their consent were carried out in Block 46 to test typhus, yellow fever, smallpox, typhoid, para-typhoid A and B, cholera, and diphtheria vaccines.

The typhus experiments in Buchenwald were carried out on a very large scale and resulted in many deaths. The manner of execution and the results of the experiments are proved in great detail by the Ding diary and the testimony of Kogon as well as other evidence. The first experiment began on 6 January 1942 with the vaccination of 135 inmates with the Weigl, Cox-Haagen-Gildemeister, Behring Normal, or Behring Strong vaccines. All vaccinations were completed by 1 February. On 3 March 1942, all of the vaccinated subjects and 10 inmates who had not been vaccinated (known as the “control group”) were artificially infected with virulent virus of Rickettsia-Prowazeki furnished by the Robert Koch Institute. The experiment was concluded on 19 April 1942. Five deaths occurred, three in the control group and two among the vaccinated subjects. (_NO-265, Pros. Ex. 287_; _Mrugowsky 10, Mrugowsky Ex. 20_.)

In later experiments the number of experimental subjects usually varied between 40 and 60, but the proportion of control subjects was increased. Approximately two-thirds of the experimental subjects were vaccinated while one-third remained without protection. A few weeks after vaccination, all experimental subjects were artificially infected with typhus. The course of the disease was then observed in the protected and control groups and the effectiveness of the vaccine was determined. (_Tr. p. 1168._) Therapeutic experiments were conducted in the same manner with various drugs. For example, between 24 April and 1 June 1943, experiments were performed to test the effect of acridine granulate and rutenol on typhus. Of a total of 39 inmates used, 21 died. (_NO-582, Pros. Ex. 286._)

Artificial infection was accomplished in various ways. In the beginning the skin was lacerated and infected with a typhus culture. Contagious lice were used to a limited extent. For the most part, however, infection was brought about by the intravenous or intramuscular injection of fresh blood containing the typhus virus. For the sole purpose of maintaining a constant source of infected fresh blood, 3 to 5 inmates per month were artificially infected with typhus. The use of these so-called “passage persons” began at least as early as April 1943 and continued until March 1945. Substantially all of them died. These victims were so much “a matter of course” that their fatalities were not included by Ding in his diary. (_Tr. pp. 1168-1171._)

An analysis of the Ding diary proves that a total of 729 inmates were experimented on with typhus, of whom 154 died. To these figures must be added the passage persons, of whom between 90 and 120 died.

So much for the cold statistics of the experiments. Block 46, where the experiments were carried out, was a horror for every inmate of the Buchenwald concentration camp. Everyone selected for the experiments expected to die a slow and frightful death. The man-to-man passage of the typhus virus created a form of “super” typhus. (_Tr. p. 1168._) While typhus normally has a mortality of about 30 percent in unprotected cases, in an experiment on 13 April 1943 five out of six persons infected died. (_NO-265, Pros. Ex. 287._) Many of the experimental subjects became delirious. (_Tr. pp. 1172, 1173._) In the experiments with acridine and rutenol, the subjects vomited up to seven times a day. Bronchial pneumonia, nephritis, intestinal bleeding, subcutaneous phlegmones below the larynx, parotitis, gangrene of the shank, furunculosis, bronchitis, and decubital sores developed as a result of this treatment. (_NO-582, Pros. Ex. 286._) Experimental subjects who survived and had a lighter course of the disease because the vaccine with which they were vaccinated was effective were forced to watch the death struggle of their fellow inmates. There was an iron discipline in Block 46, the cat-o’-nine-tails ruled supreme, and the experimental subjects were completely deprived of the last vestige of personal freedom which they had in the camp. (_Tr. pp. 1172, 1173._)

It is hardly necessary to state that the experimental subjects used in the typhus, as well as all other experiments in Buchenwald, were not volunteers. One does not normally volunteer to be killed. In the first series of typhus experiments, a number of inmates were duped into submitting after being told it was a harmless affair and that they would get additional food. They were not informed that they would be artificially infected with typhus nor that they might die. (_Tr. p. 1162_; _see also the testimony of Kogon in Case 4,[57] Tr. pp. 731, 732; NO-3680, Pros. Ex. 536_.) These subjects cannot be described as volunteers. After the first few experiments, it was no longer possible to deceive inmates into offering themselves for the experiments. Thereafter, up until about the fall of 1943, experimental subjects were chosen arbitrarily from among the inmates, whether criminals, political prisoners, or homosexuals. Intrigue among the prisoners themselves sometimes played a role in the selection. In the fall of 1943, the camp administration no longer desired to take the responsibility for the selection of the experimental subjects. Ding no longer was satisfied with verbal orders from Mrugowsky to carry out the experiments and he asked for written orders. He approached Mrugowsky with the request that the Reich Leader SS should appoint the experimental subjects. According to a directive from Himmler to Nebe of the Reich criminal police, only those inmates were to be used who had been confined for 10 years or more. Thereafter, most of the experimental subjects were habitual criminals, many of whom were transported to Buchenwald from other camps. But political prisoners were still included because they were in disfavor with the camp administration or because of camp intrigues. None of the experimental inmates had been condemned to death, except a few Russian prisoners of war who had not been tried or sentenced. They were from some 9,500 Russian prisoners of war who were killed in Buchenwald. The experimental subjects were generally in good physical condition. (_Tr. pp. 1162, 1163._) The experimental subjects included not only Germans, but also Poles, Russians, and Frenchmen, as well as prisoners of war. The testimony of Kogon is applicable not only to the typhus experiments but to the other experiments in Buchenwald as well. (_Tr. p. 1167._)

This testimony of Kogon is corroborated by the letter from Himmler to the Chief of the Security Police dated 27 February 1944. He said:

“I agree that professional prisoners be taken for experiments with the typhus vaccine. But only those professional criminals should be chosen who have served more than ten years in prison; that is, not with ten prior convictions but with a total penalty of ten years.

“SS Gruppenfuehrer Nebe is to supervise the disposal of these inmates. I don’t wish the physician to pick out inmates without my counter-control.” (_NO-1189, Pros. Ex. 471._)

The same document shows that Mrugowsky received a copy of this decision on change in procedure and that it had been arrived at after a conference between Mrugowsky and Nebe.

The testimony of Kogon is further corroborated by the witness Kirchheimer (_Tr. pp. 1321-1332_) and the affidavit of Hoven. (_NO-429, Pros. Ex. 281._)

The defense has contested the authenticity of the Ding diary. It is impossible to determine from the record precisely what their position is in that regard. That the diary does not consist of entries made day by day is obvious from the face of the document itself. It is rather a document which periodically summarizes the experiments which in many cases lasted several months. Ding also kept a daily diary and work reports. (_Tr. p. 1226._) These obviously form the basis of the diary in evidence. The defense lays great stress on the fact that page one of the diary was typed with an older ribbon than pages two et seq., and hence was probably typed later. The prosecution has no quarrel with that. Kogon gave the very obvious explanation that the page was probably re-typed when the name of the experimental station was designated as the “Department for Typhus and Virus Research”. (_Tr. p. 1228._) At best, the reasons for re-typing pages are now a matter of sheer speculation. No valid inference can be drawn from that fact alone. The Ding diary was taken by Kogon from Buchenwald. It was in his exclusive possession until delivered to the Office of Chief of Counsel for War Crimes. He testified that he did not alter the document in any respect and that the signatures of Ding, and later Schuler, are genuine. (_Tr. pp. 1164-1166._) He had no motive for changing the diary. The document was authenticated by the prosecution as being in the same condition as when received.

The experts of the defense established that the document was written on the same typewriter with the same kind of paper. Mrugowsky admitted that Ding’s signature is on substantially all of the pages of the diary. (_Tr. p. 5410._) There is no contention they have been forged. A comparison of the admittedly genuine signature of Ding on a vaccination chart (_NO-578, Pros. Ex. 284_), and of Schuler on an affidavit signed by him after the war (_NO-257, Pros. Ex. 283_), with the signatures of Ding-Schuler in the diary prove beyond any doubt that the signatures are authentic.

The defense has not established a single inaccuracy in the Ding diary. The prosecution, on the other hand, has proved the detailed accuracy of the diary time and again by the introduction of independent documents. It will suffice to cite a few examples. The work report of the “Division for Typhus and Virus Research” for the year 1943, which was sent to Mrugowsky, substantiates the corresponding entries in the diary in every detail. (_NO-571, Pros. Ex. 285._) The paper written by Ding on the treatment of typhus with acridine derivatives, approved by Mrugowsky, checks to the last detail with the experiment reported by the entries in the diary for 24 April and 1 June 1943. (_NO-582, Pros. Ex. 286._) Mrugowsky’s letter of 5 May 1942 to Conti, Grawitz, Genzken, Gildemeister, Eyer, and Demnitz reporting on a typhus vaccine experiment is in fact a description of the first experimental series in Buchenwald as given in the diary. This was a document submitted by the defense. (_Mrugowsky 10, Mrugowsky Ex. 20._) Mrugowsky admitted he was reporting on that experiment. (_Tr. p. 5414._) The entry in the diary for 19 August 1942 concerning the testing of the Bucharest [Cantacuzino] vaccine made available by Rose, is corroborated by Mrugowsky’s letter to Rose, dated 16 May 1942, asking for the vaccines. (_NO-1754, Pros. Ex. 491._) The entry for 8 March 1944 concerning the experiments with the Ipsen [Copenhagen] vaccine, which the diary shows were suggested by Rose, is substantiated by Rose’s letter to Mrugowsky of 2 December 1943 (_NO-1186, Pros. Ex. 492_), and by Lolling’s letter to Grawitz of 14 February 1944. (_NO-1188, Pros. Ex. 470_; _see also, NO-1189, Pros. Ex. 471_.) The yellow fever vaccine experiments reported in the diary on 10 January 1943 are dealt with in a letter from the Behring Works to Mrugowsky dated 5 January 1943. (_NO-1305, Pros. Ex. 469._) The phosphorus bomb experiments are noted in the Ding diary under the dates of 19 to 25 November 1943. The report on these experiments dated 2 January 1944 shows the burning of inmates began on 19 November and ended on 25 November 1943. (_NO-579, Pros. Ex. 288._) As to the conference held on 29 December 1941 reported in the Ding diary, Mrugowsky made the following statement in a pre-trial interrogation: “I remember that meeting and it occurred to me that there were present Schreiber, Gildemeister, Ding, and myself.” Mrugowsky admitted in open court having made such a statement. (_Tr. p. 5380._)

The above analysis of the authenticity and accuracy of the Ding diary, while not exhaustive, suffices to show that the defense objection to this document is completely without merit. There is scarcely a line in the whole diary which has not been substantiated either by documents or testimony. The diary must be accepted as accurate in its entirety. There is no basis whatever for accepting some entries and rejecting others. The defense has presented no credible evidence of _any_ inaccuracies. The living record of the deceased Ding is the best evidence of what actually happened.

Other vaccine experiments were carried out in the experimental station in Buchenwald. On request of the Medical Inspectorate of the Army, yellow fever vaccine containing a live virus was tested in a large-scale experiment on inmates which began on 10 January 1943. The arrangements were made by Schreiber through the defendant Mrugowsky. (_NO-1305, Pros. Ex. 469._) A very large number of inmates were vaccinated between 13 January and 17 May 1943 at which time production of the yellow fever vaccine was abandoned because of the military situation in North Africa. The results of these experiments were sent to Amt XVI in the SS Operational Headquarters, which was the hygiene office under Mrugowsky, and to the Army Medical Inspectorate. (_NO-265, Pros. Ex. 287._)

In the first part of 1943, Mrugowsky conferred with Handloser concerning multiple vaccinations. (_Tr. p. 3064._) There can be no doubt that this was the motivation for the large scale vaccination experiments on 45 inmates of Buchenwald between 24 March and 20 April 1943, as set forth in the Ding diary. Each person was vaccinated on eight different days within four weeks against smallpox, typhoid, typhus, para-typhoid A and B, cholera, and diphtheria. The report on these experiments was sent to Mrugowsky’s office. Kogon testified that the experimental subjects were given para-typhoid bacilli in potato salad. He also stated that the experiments in Buchenwald with diseases other than typhus resulted in deaths, although relatively fewer. (_Tr. pp. 1182, 1183._)

Mrugowsky would have the Tribunal believe that he is in no way responsible for the experiments carried out by Ding and Hoven in the Buchenwald concentration camp. He testified, in effect, that Ding was directly subordinated to Grawitz as far as the experiments were concerned. (_Tr. p. 5067._) While he did admit that Ding was subordinated to him for purposes of vaccine production in Block 50 in Buchenwald, he said he had nothing whatever to do with the experiments carried out in Block 46. The same contention was made by the defendant Genzken. Mrugowsky testified that he was outraged by the idea of experimenting on human beings since he was of the opinion that human life is sacred. (_Tr. p. 5066._)

The proof, however, is overwhelming that Mrugowsky ordered the experiments carried out by Ding in Buchenwald. In his own pre-trial affidavit Mrugowsky stated that the Division for Typhus and Virus Research of the Hygiene Institute of the Waffen SS in Buchenwald was established in the beginning of 1942 by Genzken. He admitted that as Chief of Amt XVI (hygiene) in the SS Operational Headquarters and as Chief of the Hygiene Institute of the Waffen SS, he was the immediate superior of Ding. He stated further that experiments on inmates were carried out by Ding in order to determine the effect of various typhus vaccines. He admitted he obtained full knowledge of the work of Ding; that he received reports from him on the experiments, including the death rates, and that he informed Genzken. (_NO-423, Pros. Ex. 282._) The two charts drawn by the defendant Mrugowsky clearly show that the experimental station in Buchenwald under Ding was directly subordinated to Mrugowsky from the time of its establishment until the collapse of Germany. (_NO-416, Pros. Ex. 22_; _NO-417, Pros. Ex. 23_.) Mrugowsky admitted Ding’s connection with the Hygiene Institute of the Waffen SS on cross-examination. (_Tr. p. 5371._)

The pre-trial affidavit of the defendant Hoven who was deputy to Ding and certainly in a position to know the facts, states that the Hygiene Institute of the Waffen SS under Mrugowsky received all the reports on the experiments in Block 46 and that Ding received orders directly from Mrugowsky. Hoven outlined the chain of command as: Grawitz, Genzken, Mrugowsky, and Ding. Ding went to Berlin for discussions with Mrugowsky nearly every second week. Mrugowsky visited the home of Ding on one of his trips to Buchenwald. (_NO-429, Pros. Ex. 281._)

Kogon testified that Ding reported personally to Mrugowsky on the experiments, and when he did not go to Berlin himself, he reported regularly every three months in writing. (_Tr. pp. 1155-1186._) The reports on the experiments carried out in Block 46 were sent to Mrugowsky in Berlin. (_Tr. p. 1160._) Ding’s official correspondence was primarily with Mrugowsky. (_Tr. p. 1157._) The instructions for the execution of the experiments came from Mrugowsky. (_Tr. pp. 1163, 1219._) In the late summer of 1943 Mrugowsky became the sole chief of Ding and issued all orders to him. (_Tr. p. 1202._) Mrugowsky occupied such an important position that it would have been dangerous for Ding to contact Grawitz over his head. (_Tr. p. 1241._) Mrugowsky visited the experimental block in Buchenwald on several occasions. (_Tr. pp. 1244, 1245_; _Tr. p. 1329_.)

The proof outlined above as to Mrugowsky’s responsibility is repeatedly supported by documentary evidence. Ding’s work report for the year 1943, which lists the experiments carried out in Block 46, was sent to Mrugowsky and carried the letterhead “Hygiene Institute of the Waffen SS, Division for Typhus and Virus Research, Weimar-Buchenwald.” (_NO-571, Pros. Ex. 285._) This work report covers the experiments in Block 46 and the production of vaccines in Block 50, which conclusively proves that Mrugowsky’s assertion that his responsibility was limited to Block 50 is completely false. The same report shows that Mrugowsky inspected the Division for Typhus and Virus Research in Buchenwald on 3 September 1943, and that Ding had several conferences with Mrugowsky. Mrugowsky’s own secretary admitted that Ding’s reports about his experiments on inmates went via the Hygiene Institute of the Waffen SS to Grawitz. (_Mrugowsky 38, Mrugowsky Ex. 13._)

Mrugowsky received Ding’s report on the treatment of typhus with acridine derivatives. (_NO-582, Pros. Ex. 286._) This report speaks of clinical tests on human beings who were afflicted with typhus, but Mrugowsky knew that Ding experimented by artificially infecting the subjects. (_Tr. p. 5066._) The report shows on its face that 21 of the experimental subjects died and that the inmates who survived had to fight severe complications of the disease. This same experimental series is reported in the Ding diary under the entries for 24 April and 1 June 1943.

The first experimental series on typhus carried out in Buchenwald between 6 January and 19 April 1942 in which 145 inmates were used as experimental subjects was the basis of a report by Mrugowsky to Conti, Grawitz, Genzken, Eyer, and Demnitz, dated 5 May 1942. (_Mrugowsky 10, Mrugowsky Ex. 20._) Five of the subjects died as a result of these experiments. (_NO-265, Pros. Ex. 287._)

The experiments with the Cantacuzino vaccine from Bucharest, reported in the Ding diary under the entry for 19 August 1942, were ordered by Mrugowsky. This vaccine was furnished by the defendant Rose, who requested Mrugowsky to arrange for the experiments. On 16 May 1942 Mrugowsky wrote to Rose stating that Grawitz had consented to the execution of the experiments and that the vaccine should be sent to him (Mrugowsky). He also agreed to conduct experiments to determine whether the louse could be infected by a vaccinated typhus patient. This, of course, necessitated the infection of the experimental subject with typhus. (_NO-1754, Pros. Ex. 491._) As a result of these experiments, four of the subjects died. (_NO-265, Pros. Ex. 287._)

The typhus experimental series No. VIII, during which the Ipsen vaccine from Copenhagen was tested, was also ordered by the defendant Mrugowsky. On 2 December 1943 Rose asked Mrugowsky to have the Ipsen vaccine tested in Ding’s experimental station in Buchenwald. (_NO-1186, Pros. Ex. 492._) Mrugowsky expressly denied, during cross-examination, that he was ever approached by Rose to have the Copenhagen [Ipsen] vaccine tested in Buchenwald. He stated that: “If he had come to me I would have sent him on to someone else. I would have said: ‘My dear man, that does not have anything to do with me.’” (_Tr. pp. 5434, 5435._) On 21 February 1944 Mrugowsky was notified that 30 “appropriate gypsies” would be made available for testing the Ipsen vaccine. (_NO-1188, Pros. Ex. 470._) Mrugowsky was further advised on 29 February 1944 that the experimental subjects would be designated by the office of Nebe of the Reich criminal police. (_NO-1189, Pros. Ex. 471._) The Ding diary proves that the experiments with the Ipsen vaccine began on 8 March 1944 with 30 experimental subjects, of whom six died as a result of the experiments.

On 12 August 1944 the defendant Mrugowsky ordered Ding to carry out experiments to determine the infectious character of blood of slight cases of typhus compared with that of serious cases. (_NO-1197, Pros. Ex. 472._)

Mrugowsky ordered a series of experiments to determine whether the course of typhus could be tempered by intravenous or intramuscular injection of typhus vaccine. Of the 25 experimental subjects used, 19 died. This experiment was carried out between 11 November and 22 December 1944. (_NO-265, Pros. Ex. 287._)

* * * * *

_Experiments with Old Blood Plasma and the Production of Blood Plasma and the Typhus Serum_

Experiments with old blood plasma were conducted on inmates in Buchenwald by order of Mrugowsky at the request of the Military Medical Academy. Blood transfusions were carried out in order to determine whether old blood plasma could be used without danger, especially without danger of shock. Several series of experiments were performed, each with 10 to 20 experimental subjects. Some of the victims died, probably due to the combined effect of shock and poor physical condition. Mrugowsky received reports on these experiments. (_Tr. pp. 1190-1192_; _NO-265, Pros. Ex. 287_.)

The entries for 26 May and 13 October 1944 in the Ding diary show that blood was withdrawn from inmates recovering from typhus for the purpose of making a typhus convalescent serum. The witness Kogon testified that this work was done by SS Hauptsturmfuehrer Dr. Ellenbeck on order from Mrugowsky. Ellenbeck obtained the blood from typhus convalescents in Block 46 from the summer of 1944 until the spring of 1945. Blood was taken from these experimental subjects regularly, usually in amounts between 250 and 350 cubic centimeters. Taking the blood from the convalescent patients meant an extraordinary burden on them and a number died. While the precise cause of death could not be definitely ascertained under the circumstances, there is no doubt that the withdrawal of blood was a contributing factor. (_Tr. pp. 1192, 1193._)

Kogon further testified that Ellenbeck, on orders from Mrugowsky, systematically selected invalids and old persons, especially Frenchmen, who were in the so-called “little camp” of Buchenwald, for the purpose of withdrawing blood to be used in making blood plasma. The horrible conditions in the “little camp” were vividly described. The blood was demanded from the victims and was taken from them. Sometimes extra food was given to these starving patients. (_Tr. pp. 1194-1196._) Upon being asked whether any of these blood donors in the “little camp” in Buchenwald died from this blood-letting, Kogon replied:

“The question shows that it is very difficult to gain a real concept of the ‘little camp’ at Buchenwald. The people died there in masses. During the night corpses were lying in the blocks naked because they were thrown out of the bunks by the other prisoners so that they would have a little more space. Even the smallest pieces of clothing were torn off by those who wanted to survive. It is impossible to determine if anybody died as the direct and immediate result of the taking of blood, because many people fell and died while walking around in the ‘little camp’.

“But it is beyond doubt to anyone who knew the conditions there, that the taking of blood—even if a small measure of strength was given to these people as far as food was concerned—was a considerable contributing factor in the death of very many of them.” (_Tr. p. 1196._)

Ellenbeck also conducted research concerning the oxygen content of the blood of human beings in various stages of exhaustion and artificially produced starvation oedema. Mrugowsky gave his approval to these experiments. (_Tr. pp. 1257-1266._)

_EXTRACTS FROM THE CLOSING BRIEF AGAINST DEFENDANT SCHROEDER_

* * * * *

_Typhus and Other Vaccine Experiments in the Natzweiler Concentration Camp_

The appearance of Haagen as a defense witness requires consideration of his testimony on these experiments.

Haagen testified that in the summer of 1943 the defendant Rose, as consulting hygienist to the Chief of the Medical Service of the Luftwaffe, prevailed upon him to resume active status as consulting hygienist to the Air Fleet Physician Reich. Haagen also accepted a typhus research commission from the Luftwaffe and as a result of this commission and his position in the Luftwaffe, he carried out certain typhus experiments. (_Tr. pp. 9564, 9565._)

Haagen stated that Stabsarzt Graefe was assigned to him at the Hygiene Institute of the University of Strasbourg in 1942 by the Luftwaffe and that Graefe acted as his assistant. Graefe was militarily subordinated to Luftgau Physician 7 but technically subordinated to Haagen. (_Tr. p. 9582._) Haagen was also militarily subordinated to Luftgau Physician 7. (_Tr. p. 9563._)

Haagen had developed a murine typhus (rat typhus) vaccine which contained an attentuated virulent (living) virus. (_Tr. pp. 9596, 9597._) Haagen testified that he performed compatability tests with this vaccine on 28 inmates of Schirmeck concentration camp, which was a sub-camp of Natzweiler. Eight inmates were vaccinated with .5 cc. of this virulent vaccine, ten with .5 cc. [of virulent vaccine], and ten with a dead vaccine plus .5 cc. of the virulent vaccine. Three additional inmates were vaccinated with a dead vaccine for purposes of comparison. He stated that no serious reactions occurred as a result of these vaccines. (_Tr. p. 9603._) All of these vaccinations were carried out in the month of May 1943 and no vaccinations occurred after that date, according to Haagen. (_Tr. p. 9636._) In the fall of 1943 Haagen transferred his activities to Natzweiler on the alleged ground that he felt a typhus epidemic was more likely there than in Schirmeck. (_Tr. p. 9603._) He requested through Hirt that 100 concentration camp inmates be put at his disposal in Natzweiler for purposes of these experiments. These inmates were transferred from Auschwitz to Natzweiler during the month of November 1943, 18 of whom died on the way. Haagen found the remainder unsuitable for his purposes and requested an additional 100 which were made available during December 1943. He testified that of these, 40 inmates were subjected to a series of two vaccinations by injection to bring about immunity and a third vaccination by scarification to test the immunity. For purposes of comparison, a second group of 40 inmates designated as “controls” was given only the third scarification vaccination. The same vaccine was used for all of these alleged vaccinations and was a new vaccine containing an attenuated virulent Rickettsia-Prowazeki virus (louse typhus). The scarification vaccine applied to both groups of subjects contained a smaller quantity of vaccine than the first two injection vaccinations given to the group immunized. In the first group the injected vaccine produced what Haagen described as the normal vaccine reaction. Substantially the same reaction occurred in the control group which received only the third scarification vaccine. The reaction was no more serious than in those who were vaccinated by injection. (_Tr. pp. 9615-7._)

Haagen admitted that the subjects used by him both in Schirmeck and Natzweiler were of many different nationalities, among whom were gypsies and Poles. (_Tr. p. 9607._) He further testified that these inmates were not volunteers because, as he said, he was only carrying out protective vaccinations. (_Tr. pp. 9541-2._)

Haagen stated that the only reason he performed these vaccinations in Schirmeck and Natzweiler was because he was asked to do so by Kramer, camp commandant in Natzweiler. He and Kramer were disturbed about the possibility of a typhus epidemic in the middle of 1943, although he testified that in fact no typhus cases actually occurred until March 1944. (_Tr. pp. 9594-5._) He went to Schmireck only because he and Kramer feared an epidemic. (_Tr. p. 9600._)

Haagen’s testimony, as outlined above, is completely incredible on its face as well as in view of the documents which were submitted by the prosecution and available to Haagen at the time he testified. Firstly, it is utterly ridiculous to credit his statement that he went to Schirmeck and Natzweiler only because he feared an epidemic. It is ridiculous to suppose that a concentration camp commander, on his own initiative, sought medical assistance from doctors in the towns surrounding a concentration camp. The WVHA, to which all concentration camps were subordinated, had a very elaborate medical system and it is unthinkable that a local camp commander would ask aid from an outsider. Secondly, it is ridiculous to suppose that Haagen, out of the kindness of his heart and the fear of an epidemic spreading beyond the confines of the camp, would use his precious typhus vaccine to protect the miserable wretches who were imprisoned in the concentration camps. Haagen himself stated that he had very little typhus vaccine. (_Tr. p. 9613._) It has been repeatedly testified to during the course of this trial that typhus vaccines were critically short in Germany during the war and that there were not even sufficient quantities to vaccinate doctors, nurses, and other personnel exposed to special danger. That this vaccine would be used to protect concentration camp inmates is unthinkable. Thirdly, it is ridiculous to suppose that any scientist could have possibly thought that vaccinating 28 inmates in Schirmeck and 80 in Natzweiler could have had any possible effect on the likelihood of a typhus epidemic.

That Haagen perjured himself with respect to what he was really doing in Natzweiler during the course of his typhus experiments is clearly evident from his own letter of 27 June 1944 to Hirt. In a letter of 9 May 1944 to Hirt, Haagen requested that an additional 200 persons be furnished to him for his experiments. (_NO-123, Pros. Ex. 303._) Supplementary to this request, he stated in his letter of 27 June 1944 that, “in the subsequent inoculations with virulent typhus which are to be made for the purpose of testing the protective vaccine, one must count on sickness particularly in the control group which has not received the protective vaccines. These after-inoculations are desirable in order to establish unequivocally the effectiveness of the protective vaccines. This time 150 persons will be used for the protective vaccine and 50 for the control inoculations.” (_NO-127, Pros. Ex. 306._)

It should be noted specifically that in the letter quoted above, Haagen pointed out to Hirt that sickness was to be expected in the control group which had not received the protective vaccine. Haagen testified that this additional group of 200 inmates requested by him was merely for the purpose of vaccination, just as he had done in December 1943 and January 1944 on the 80 experimental subjects. He added that in May he had enough vaccine for 200 more persons and he was merely trying to increase the protection in the camp. (_Tr. p. 9613._) The falsity of Haagen’s testimony is clearly apparent from the statement in the letter that sickness was expected in the _control group_. He had previously testified that there was no reason whatever to expect any more serious reaction to the scarification vaccination in the control group than to the injected vaccine in the immunized group. (_Tr. p. 9618._) Indeed, there was every reason to expect that the vaccine injected in the immunized group would bring about a more serious reaction since more vaccine was given by injection than by scarification. Haagen applied a much larger quantity of the vaccine in the first two injections of the immunized group than in the scarification vaccination of both the immunized and the control group. The same vaccine was used throughout. (_Tr. p. 9710._) The method of vaccination, whether by injection or scarification, has no effect on reaction to the vaccine. Haagen specifically testified that “if we vaccinate by scarification we can expect that the effect of the vaccine will be the same as if we inject subcutaneously or intramuscularly.” (_Tr. p. 9710._)

Haagen was quite unable to reconcile his statement in his letter to Hirt of 27 June 1944 that “one must count on sickness, particularly in the control group” with his testimony that there was no difference in the reaction to the vaccine as between the immunized and control groups. Indeed, the only possible interpretation of his letter is that instead of vaccinating the immunized and control groups by scarification, he, in fact, infected them with typhus. Haagen knew that the unprotected control subjects would become ill with typhus. Haagen also had no explanation for the letter of Kahnt, Chief of Staff to Schroeder, of 29 August 1944, in which he was asked “whether it may be assumed that the typhus epidemic prevailing at Natzweiler at present is connected with the vaccine research.” (_NO-131, Pros. Ex. 309._) He testified that he had completed his vaccinations of the 80 experimental subjects during January 1944 and that all of his serological examinations were finished no later than February 1944 and that the experimental subjects were released from confinement. Haagen submitted a report to the Luftwaffe no later than May or June 1944 to the effect that the vaccine had been a success. (_Tr. pp. 9627-9._) There was no reason whatever for Kahnt and Rose to address such an inquiry to Haagen when he had long since completed his experiments, according to his testimony, and submitted a success report to the Luftwaffe at least two months before the inquiry. It is quite impossible that vaccine tests which caused no typhus in the vaccinated persons could cause typhus in other persons, as suggested by Rose during his examination. Moreover, it should be noted that Kahnt’s letter clearly indicated an understanding on his part that Haagen’s vaccine research in Natzweiler was contemporaneous with the epidemic. This, Haagen testified, he could not understand. Haagen also had considerable difficulty explaining why, in his letter of 19 September 1944, in reply to Kahnt’s inquiry, he didn’t state that he had conducted no vaccinations or experiments in Natzweiler since January 1944 and that his vaccinations had caused no illness in the subjects, let alone caused a typhus epidemic. Haagen simply stated in his letter that, “We hereby inform you that no connection existed between the cases of typhus in Natzweiler and the examinations dealing with typhus vaccine _that is to be tested_.” [Emphasis added.] (_NO-132, Pros. Ex. 310._) Indeed, Haagen himself stated in his reply that the vaccine was still under test, contrary to his testimony before this Tribunal.

Haagen would have the Tribunal believe that he had no typhus virus strain which was pathogenic to human beings, that he could not have brought on a serious case of typhus even had he tried to do so. (_Tr. pp. 9608, 9612._) In the very same breath he testified “that there was considerable danger of infection in working about the laboratory and that he gave his assistants a “risk bonus.” (_Tr. p. 9608._)

Haagen testified that he performed no vaccinations after January 1944. He reiterated this time and again during the course of his examination. (_Tr. pp. 9614-5._) When asked his reason for not vaccinating during the typhus epidemic in Natzweiler in the spring and summer of 1944, which offered an opportunity to test the anti-infectious effect of his vaccine under natural conditions, he lamely answered that he had to make so many official military trips that he had no time. (_Tr. p. 9614._) Although he had sufficient vaccine to justify his asking for 200 additional experimental victims in May 1944, his only effort in the typhus epidemic, according to his testimony, was to send them decontamination equipment. (_Tr. p. 9614._) It is not readily apparent, to say the least of it, just why some other doctor or an assistant of Haagen could not have performed the vaccinations which Haagen would have the Tribunal believe he was so anxious to have done for the protection of the camp.

All of the above contradictions and falsifications appear upon the face of Haagen’s testimony as well as from the documents which he had so carefully studied before his appearance. The documents submitted to him during cross-examination reveal his testimony to have been perjurious from start to finish. Haagen repeatedly testified that he carried out no vaccinations in Schirmeck after May 1943. He stated that in Schirmeck he only performed a single vaccination and not the series of vaccinations to test “anti-infectious immunity” because at that time his “knowledge hadn’t progressed so far.” (_Tr. p. 9636._) In connection with the Ipsen vaccine, about which Rose had corresponded with him, he especially denied that he ever proposed to Rose that experiments be carried out with it. Haagen’s letter to Rose of 4 October 1943 squarely contradicts him on both of these significant points. (_NO-2874, Pros. Ex. 520._) He stated in his letter that:

“I already reported to you the numeral results of experiments on human beings. _The serum titer is considerably higher, also after a single vaccination, in comparison with three vaccinations with deactivated vaccines._ I regret that it was not possible so far to perform infectious experiments on the vaccinated persons; I requested the Ahnenerbe of the SS to provide suitable persons for vaccination, but have not received an answer yet. _We are now performing a further vaccination of human beings_; I shall report later about the result. I guess we will then have reached the point of being able to recommend the introduction of our new vaccine for the time being without infectious experiments.” [Emphasis added.]

* * * * *

In this same letter of 4 October 1943, Haagen discussed Rose’s report concerning the Ipsen vaccine from Copenhagen. He concluded his letter by stating: “If we can get experimental subjects from the SS for test vaccinations, it would be an opportunity to test the liver vaccine as well on its anti-infectious effect. I would then suggest that our material be used parallel with the Ipsen tests.” Thus, Haagen testified falsely when he said that he did not propose experiments with Ipsen vaccine. In his letter he very specifically proposed performing anti-infectious experiments with the Ipsen vaccine as well as his own vaccine. This again proves that the use of the phrase “infectious experiments” could not possibly mean multiple vaccinations with living typhus vaccine. The Ipsen vaccine was a dead vaccine; it contained no attenuated virulent virus. Three vaccinations with a dead vaccine could not be designated an “infectious experiment” even by Haagen. (_Tr. p. 9655._) Moreover the defense’s own proof shows that the Ipsen vaccine had already been tested for tolerability and found comparable with other vaccines used by the Wehrmacht. This is clear from Rose’s letter to the Behring-Works and Haagen, among others, dated 29 September 1943. (_Rose 88, Rose Ex. 21._) It is quite clear that the only type of experiment left open for the Ipsen vaccine was precisely the kind that Haagen proposed, namely, after-infection of the vaccinated and control subjects with typhus.

Haagen was further impeached by the notes kept on his typhus experiments by his assistant, Miss Crodel. (_NO-3852, Pros. Ex. 521._) Haagen definitely identified these notes as having been written by Miss Crodel. (_Tr. p. 9691._) Miss Crodel had been an assistant of Haagen’s for many years and he found her most reliable. (_Tr. p. 9701._) He conceded that Miss Crodel was very careful in her work. (_Tr. p. 9697._) On page three of the notebook appears a series of entries dating from 30 April 1943 to 27 January 1944 concerning a series of experiments in Schirmeck. The entry for 19 May 1943 shows that two out of four mice injected with his vaccine died. The entry for 26 May reads: “(4 weeks) 3-6, 0.5 _per person_ and 6 mice 0.5 i. p., 5 dead, after 10, 14, 14 days, the rest after 4 weeks.” This entry proves that on that date human beings were inoculated with Haagen’s vaccine. To say the least of this entry, five mice who were similarly vaccinated died as a result. The phrase “the rest after 4 weeks” can obviously refer also to deaths among experimental persons since it is quite impossible that this phrase could be used to refer to the one remaining mouse. The entry for 6 July indicates that on that date Haagen and his assistants appeared in Schirmeck for the purpose of withdrawing blood from ten persons, who had been previously vaccinated, for a Weil-Felix reaction test. The entry gives the serum titer value of eight of the experimental subjects. The entry is ended with the laconic note, “the other two were not here anymore.” This entry is conclusive corroboration of the testimony of the witness, George Hirtz, who stated that Haagen had tested his vaccine at Schirmeck in the summer of 1943. Approximately 20 Polish inmates were used in these experiments and, following the inoculations, two of the experimental subjects died. Hirtz testified that he himself sewed up the bodies of the inmates in paper bags and delivered them for cremation. The other experimental subjects had reactions such as high fevers, shock, and impairment of speech. (_Tr. pp. 1293-1299._) His testimony is further corroborated by Haagen himself, who stated that two groups of ten inmates were inoculated by him in Schirmeck. The entry in the Crodel notes obviously has reference to one of these groups of ten, and upon arrival of Haagen and his assistants in the camp for the purpose of withdrawing blood, it was found that two of the subjects had died.

The entry for 4 October 1943 on page three of the Crodel notes reads “(six months) inoculated 20 persons in Schirmeck, Tube—2 cc. distilled water, 0.5 per person.” (_NO-3852, Pros. Ex. 521._) This proves not only that Haagen testified falsely when he stated that he carried out no typhus vaccinations in Schirmeck after May 1943 but also that multiple vaccinations with his vaccine were performed. This entry bears the same date as Haagen’s letter to Rose, referred to above, which also stated that he was performing further vaccinations. The last entry on page three is dated on the original as 27 January 1943 and reads: “(9 months) mixed with the same amounts (as 21 May) distilled water tube, 20 persons 1.1 cc. each.” The date 1943 is obviously a mistake on the part of Miss Crodel in making the entry. This is proved by the fact that the period of time indicated in parentheses in the notes refers to the period of time the vaccine had been stored. Haagen so admitted. (_Tr. p. 9711._) Thus the reference “(9 months)” means that the vaccine being used in that series of experiments had been stored for nine months since 30 April 1943, the date of the first entry on page three and the time the vaccine was first prepared. That 1943 in the original entry should really be 1944 also is apparent from page four of the notes wherein the last entry is for 27 January 1944. It is a common mistake for one to use the date of the old year during the first month of the new year.

Haagen inoculated another group of ten persons in Schirmeck on 10 October 1943 and 20 more on 27 January 1944 as seen from the entries on page four of the Crodel notes. Again on page five of the original, the entry for 14 October 1943 proves that ten persons were inoculated _for the third time_ with 1.0 cc. of Haagen’s new vaccine. That this entry refers to the virulent murine vaccine and not to the Gildemeister dead vaccine can be seen from the preceding entry which speaks of four control persons being inoculated three times with Gildemeister vaccine. This fact is further apparent by comparing the quantity of the injections plus the amount of distilled water used per tube of Haagen’s new vaccine as set forth in other entries.

The entry for 25 May 1944 on page 7 of the Crodel notes states that 30 persons were inoculated in Natzweiler. “The inoculation took place during the incubation period (in a transport containing also sick people). Thirteen became sick in the period from 29 May to 9 June, of these, two died.” Haagen had repeatedly testified that he performed no vaccinations after January 1944 in Natzweiler. Not only did he perform experiments after January 1944, but as proved by the entry quoted above, subjects died during the course of such experiments. By his own testimony Haagen proves that these entries deal with an experiment during which the subjects were artificially infected with typhus. Although the entry euphoniously states that the vaccinations “took place during the incubation period,” Haagen testified, as had been repeatedly suggested by the prosecution, that it is impossible to know when persons are in the incubation period. The incubation period is that time between the infection and the first manifestations of the disease. Accordingly, it is impossible to know that a vaccination takes place during the incubation period unless the person has been artificially infected so that the date of infection is known. (_Tr. pp. 9701-2._)

It is significant to note also that the chart on page 14 of Miss Crodel’s notes uses the word “nachimpfung,” meaning after-vaccination or re-inoculation, in connection with multiple vaccination experiments on two mice (both of which incidentally died), rather than the word “nachinfektion,” meaning after-infection or subsequent infection, which was repeatedly used by Haagen in his letters concerning experiments on human beings.

Haagen testified that the defendant Schroeder visited him on 25 May 1944, the very day on which he was carrying out experiments in Natzweiler. (_Tr. p. 9632._) While it is, of course, entirely possible that Schroeder may have visited Haagen on 24 or 26 May, rather than on 25, the fact is quite clear that in any event Haagen’s very important experiments on typhus were discussed with Schroeder, contrary to the testimony of both men. The same is true with respect to the visit of the defendant Becker-Freyseng which took place shortly after that of Schroeder (_Tr. p. 9569_) and of Rose who visited Haagen both in 1943 and 1944. (_Tr. p. 9570._) Haagen’s statement that Becker-Freyseng came all the way from Berlin to discuss with him the procurement of rabbits and mice is as incredible as the rest of Haagen’s testimony.

The defendant Schroeder testified that Haagen’s research assignment was not secret and attempted to argue on that basis that nothing criminal could have happened. (_Tr. p. 3654._) Without pausing to point out the stupidity of such an argument, suffice it to say that Schroeder’s testimony was proved to be false by a list of research assignments issued by Schroeder’s office in 1944. Haagen’s typhus work was classified secret. (_NO-934, Pros. Ex. 458._)

The testimony of the witness Nales corroborates the proof outlined herein above: That Haagen performed experiments to test the immunity of his vaccine by artificially infecting the subjects with typhus. Nales, a Dutch citizen, was arrested by the Gestapo in 1940 for allegedly participating in a resistance movement. Although he was tried and acquitted, he was committed to Buchenwald concentration camp in April 1941. In March 1942 he was transferred to Natzweiler and in November 1942 he became a nurse in the Ahnenerbe experimental station there. (_Tr. pp. 10409-12._) He stated that in the latter part of 1943, 100 gypsies were sent to Natzweiler from Auschwitz for Haagen’s typhus experiments. Haagen found them physically unsuitable and thereafter an additional 90 gypsies were shipped in. These were divided into two groups and confined in separate rooms in the Ahnenerbe experimental station. One group was vaccinated against typhus. Approximately 14 days later, both groups were artificially infected with typhus. As a result, about 30 of the subjects died. Nales nursed the victims himself and saw the bodies. He talked to the subjects frequently and knows they did not volunteer, as indeed Haagen himself admitted on the stand. The gypsies were of various nationalities including Poles, Czechs, Hungarians, and Germans. (_Tr. pp. 10419-23._)

* * * * *

Haagen’s long continued activity in Schirmeck and Natzweiler can be clearly seen from his account book on research tasks on yellow fever and typhus. His work in Schirmeck began as early as 20 April 1943. He was placing telephone calls to Schirmeck late in August 1944, over a year after Haagen’s alleged “last vaccination” there. These accounts were charged to the Medical Service of the Luftwaffe. (_NO-3837, Pros. Ex. 542._) They were in such detail as to reveal on their face his activity in the concentration camps. (_NO-3450, Pros. Ex. 519._)

Haagen admitted that by infection experiments one could mean only one of three things—(1) subsequent artificial infection with typhus, (2) vaccinations of large groups of people and then studying efficacy during a natural epidemic, and (3) Weil-Felix reaction tests carried out before and after a subsequent vaccination. (_Tr. p. 9601._) He admitted that the prosecution’s interpretation of “infection experiments” and “subsequent infection” was equally consistent with his own. (_Tr. p. 9611._) He admitted that the word “nachimpfung” (subsequent vaccination) could have been used as well as “nachinfektion” (subsequent infection). (_Tr. p. 9611._)

There are no refined questions of documentary interpretation presented to the Tribunal. The simple issue is whether Haagen committed crimes during the course of his experiments. There is no dispute that these were “experiments”. Haagen repeatedly used the word in his own letters. There is no dispute that the inmates used as subjects were nonvolunteers, among whom were nationals of German occupied countries. Haagen admitted as much. The documents and the testimony prove that a substantial number of subjects were killed during the course of these experiments. Against this overwhelming proof stands the testimony of Haagen and Rose, both of whom perjured themselves repeatedly on the stand. Indeed, their own testimony is the best circumstantial proof as to the criminality of the experiments. One does not gratuitously testify falsely. Those who fear the light of truth commit perjury. These men regard their oaths as lightly as they did the lives of their helpless victims.

The guilt of Rose and Haagen is the measure of the guilt of Schroeder. As a medical officer of the Luftwaffe, Haagen was subject to his orders. (_Tr. p. 3636._) The office of Schroeder issued the research assignments pursuant to which these experiments were carried out. It provided the funds with which to carry them out. It received reports on the experiments and knew they were performed on concentration camp inmates. (_Tr. p. 1758._) Schroeder was himself in Strasbourg at the very time the experiments were going on. His guilt is clear and unequivocal.