d. Evidence

_Prosecution Documents_ Pros. Ex. Doc. No. No. Description of Document Page NO-429 281 Extracts from the affidavit of Waldemar Hoven, 685 24 October 1946, concerning the killing of inmates by phenol and other means. NO-257 283 Extract from a sworn statement by Dr. Erwin 686 Schuler (Ding), 20 July 1945, concerning euthanasia with phenol injection.

_Testimony_

Extracts from testimony of the defendant Mrugowsky 688

TRANSLATION OF DOCUMENT NO-429 PROSECUTION EXHIBIT 281

EXTRACTS FROM THE AFFIDAVIT OF WALDEMAR HOVEN, 24 OCTOBER 1946, CONCERNING THE KILLING OF INMATES BY PHENOL AND OTHER MEANS

I, Waldemar Hoven, being duly sworn, depose and state:

1. I was born in Freiburg, Breisgau, on the 10th of February 1903. I attended high school but did not complete my education until many years later. Between the years 1919 and 1933 I visited Denmark, Sweden, United States, and France. In 1933 I returned to Freiburg and completed my high school course and then attended the Universities of Freiburg and Munich. In 1939 I concluded my medical studies and joined the Waffen SS as a physician. The last rank I held in the Waffen SS was Hauptsturmfuehrer (captain). In 1934 I had joined the Allgemeine SS.

2. In October 1939 I was assigned as an assistant medical officer in the SS hospital in the Buchenwald concentration camp and held that position until 1941 when I was appointed the medical officer in charge of the SS troops stationed in the camp. At the end of 1941 I was transferred to the camp hospital and became the assistant medical officer therein. This hospital was for the inmates of the Buchenwald concentration camp. In July 1942 I was elevated to the position of chief physician and thereby had the full responsibility for the inmate patients in the hospital. I held this position until September 1943 when I was arrested by the SS police court of Kassel and remained under arrest until 15th of March 1945.

3. Due to my various positions in the Buchenwald concentration camp during this period of nearly four years I became acquainted with all phases of the medical activities therein and am hereby able to make the following statement:

* * * * *

10. In the camp we had a great many prisoners who were jealous of the positions held by a certain few of the inmates, that is, some of the political prisoners held key positions and were able to get better living conditions than the average. Hence, many of the prisoners envied these positions and made every effort to discredit the men who held the key positions. Such traitorous actions became known through the “grapevine” to the men in the key positions and then such traitors were immediately killed. In each case I was later notified in order to make out the death statements of the prisoners killed. These statements did not indicate the actual cause of death but were made out to indicate that the prisoner died of natural causes.

11. In some instances I supervised the killing of these unworthy inmates by injections of phenol at the request of the inmates. These killings took place in the camp hospital and I was assisted by several inmates. On one occasion Dr. Ding came to the hospital to witness such killings with phenol and said that I was not doing it correctly, therefore he performed some of the injections himself. At that time three inmates were killed with phenol injections and they died within a minute.

12. The total number of traitors killed was about 150, of whom 60 were killed by phenol injections, either by myself or under my supervision in the camp hospital, and the rest were killed by various means, such as beatings, by the inmates.

The above affidavit written in the English language, consisting of five (5) pages, is true and correct to the best of my knowledge and belief. This affidavit was given by me freely and voluntarily, without promise of reward and I was subjected to no duress or threat of any

[Signed] DR. WALDEMAR HOVEN

TRANSLATION OF DOCUMENT NO-257 PROSECUTION EXHIBIT 283

EXTRACT FROM A SWORN STATEMENT BY DR. ERWIN SCHULER (DING), 20 JULY 1945, CONCERNING EUTHANASIA WITH PHENOL INJECTION

Freising, 20 July 1945

Erwin Schuler, M. D.

Case 508

As ordered I am briefly answering two questions:

1. _Witness of Euthanasia with Phenol at Buchenwald._

At the end of 1942 I took part at a conference in the Military Academy of Medicine in Berlin. The topic of discussion was the fatal effect of gas gangrene serum on wounded men.

Present: Generalarzt Professor Schreiber, hygienist of the Military Academy of Medicine; SS Oberfuehrer Professor Mrugowsky, hygienist; Oberstabsarzt Professor Killian, professor in the University of Breslau, surgeon; a medical officer (surgeon) whose name I did not know; and myself, as department chief of the Central Institute for the Combating of Epidemics, Berlin.

Killian and Mrugowsky gave reports on soldiers who had been given gas gangrene serum in high quantities (up to 1,500 cc.) and hours afterwards, while feeling perfectly well, had died suddenly without any visible reason. Mrugowsky suspected that the cumulative effect of the phenol content of the injections was responsible for the deaths.

In the presence of the other gentlemen, Mrugowsky ordered me to take part in euthanasia with phenol in a concentration camp and to describe the result in detail, since neither I nor Mrugowsky had ever seen a case of death by phenol. Mrugowsky himself could not take part in the euthanasia because of an urgent trip to the East, on the other hand the affair was urgent for the fighting troops, and the publication of a new circular for the troop doctors.

A few days later I asked Dr. Hoven in Buchenwald to notify me when he performed euthanasia with phenol. The next evening he asked me to come to the operating theater in the inmates’ hospital. Besides himself and another doctor—probably Dr. Plaza—only two other prison male nurses, whom I cannot remember, were present.

I talked to the doctor about the composition of the phenol injection and, as far as I can remember, it consisted of undiluted raw phenol, which was to be administered in doses of 20 cc.

One by one, four or five prisoners were led in. The upper part of the body was naked so that their nationality patch [on their clothing] could not be distinguished. The condition of their bodies was bad and their age was advanced. I do not remember a diagnosis as to why euthanasia was to take place, but probably I did not ask about it either.

They sat down quietly on a chair, that is without any sign of excitement, near a light. A male nurse blocked the vein in the arm and Dr. Hoven quickly injected the phenol. They died in an immediate total convulsion during the actual injection without any sign of other pain. The time between the beginning of the injection and death I estimate at about ½ second. The rest of the dose was injected as a precautionary measure, although part of the injection would have been enough for the fatal result (I estimate 5 cc.).

The dead were carried into an adjoining room by the nurses—I estimate the time of my presence at 10 minutes.

I reported in Berlin according to orders. I know nothing further to say.

* * * * *

EXTRACTS FROM TESTIMONY OF THE DEFENDANT MRUGOWSKY[80]

_DIRECT EXAMINATION_

* * * * *

DR. FLEMMING: I now turn to the gas gangrene experiments. When examining the defendants Handloser, Rostock, Schroeder, Genzken, and the witness Bernhard Schmidt, we heard to what extent gas gangrene became prevalent at the front. I refer you to the Document NO-578, Prosecution Exhibit 284. I shall have it submitted to you. Would you please tell the Tribunal whether, in connection with gas gangrene, there was an extreme necessity in concentration camps and in the army to discover protective means to combat this disease?

DEFENDANT MRUGOWSKY: It was pointed out frequently that no infection can be taken so seriously in the surgical field as the infection by gas gangrene, since the mortality cases of these injuries were very high. In concentration camps, as Noeling told me, we often had cases of gas gangrene. Therefore, the Asid Works suggested that vaccine should be used in the same manner as in the case of diphtheria. This was done in these works sometimes in cases of tetanus. Such vaccine against gas gangrene was produced by the Behring Works and was tested on students at Marburg University at first, about which a publication is available. I received a small part of this gas gangrene toxin in order to protect people in danger. This gas gangrene toxin I gave to Noeling and he used it at Buchenwald. The chart is available concerning persons on whom this vaccine was used. It becomes evident from that that there is even an increase in temperature following that vaccination, and that we are here concerned with a completely harmless project which has nothing at all to do with an infection.

Q. Dr. Ding in an affidavit (_NO-257, Pros. Ex. 283_) stated that at the Military Medical Academy a conference took place on the question of gas gangrene serum. What do you know about that?

A. It is correct that such a conference actually took place. Whenever gas gangrene occurred a large amount of gas gangrene serum had to be used for treatment in order to insure success. It was not a mere ten or fifteen cubic centimeters, but 400 to 800 cubic centimeters which was given to the patient in the course of a few days. In Germany all serums which are obtained from animals, mostly horses, are mixed with 0.5 percent of phenol and carbolic acid—in order to preserve them—i. e., to 400 cubic centimeters I added a concentration of two cubic centimeters of phenol acid. This amount is, of course, far above the tolerance of human beings. Carbolic acid is one of the strongest acids we possess. When treating people with gas gangrene serums a number of deaths occurred. We discussed whether we were dealing with cases of serum death, resulting from the serum, or whether death was caused by the phenol added. Ding and I participated in that conference with others.

* * * * *

Q. Did you give Dr. Ding an assignment on the basis of this discussion to test this phenol question?

A. Yes, I told him to study the literature and to make use of the libraries of the pharmacological and forensic medicine institute in Jena. He was in touch with those institutes.

Q. Did you give him the assignment to participate in euthanasia with phenol?

A. No. I never heard anything about his having carried out such euthanasia, or of such killings having been carried out. I could not, therefore, have given him any such order.

Q. You are aware that in an affidavit of your codefendant Hoven it is stated that Ding himself carried out killings in Buchenwald with phenol. Had you given him instructions to that effect?

A. No. I did not give him any such instructions, and there was no occasion to do so because death by phenol is well known in literature; simply reading works on the subject would have sufficed.

DR. FLEMMING: Mr. President, I submit Document Mrugowsky 28. I should like to submit it as Mrugowsky Exhibit 46. It is an affidavit of Professor Killian, who is a university professor at Halle/Saale. He says:

“In 1941-1943 I was consulting surgeon with the 16th Army in the East. We had experienced numerous cases of death and injury to the circulatory system due to the effects of gas gangrene serum. In my opinion, these bad effects cannot only be attributed to the inoculation of great quantities of unrelated serums, but also to the addition of one-half percent phenol, as is prescribed by law. Since up to 150 cc. of gas gangrene serum—sometimes even more than that—was given intravenously to wounded in the field, in my opinion the total quantity of phenol added then approached becoming a danger. This became obvious after four of my collaborators had had themselves injected intravenously with a phenol common salt solution of 0.5 percent density. All of them showed typical signs of phenol poisoning to a different degree. In a letter to the medical inspectorate I called their attention to the disappointing effects of the gas gangrene serum and to the detrimental effect of phenol, and made proposals for a change. Consequently, I was officially ordered to report during my stay in Berlin to Oberstarzt Professor Schreiber, who was a specialist on this matter. Present at this conference were Professor Mrugowsky and a junior physician whose name I no longer remember. I did not know any of the three gentlemen; I saw and spoke to them then for the first time. Apart from a few general questions concerning bacteriology, we discussed mainly the gas gangrene serum problem. I had to give an exact report on what took place at the front and on the symptoms of poisoning. The discussion then took two directions. First, the question whether it was possible for industry to substitute a harmless disinfectant for the dangerous phenol, and which one of the many substances would be suitable for this purpose.”

Number two is not important. And I can skip the next paragraph too. I come to the last paragraph:

“I well remember the substance of the discussions and declare that no mention was made of any experiments in a concentration camp, or of effecting euthanasia by injecting phenol. Such considerations never even came up for discussion, let alone an order in my presence by one of the medical officers. This would certainly have remained in my memory. I may add that a reason for such experiments did not exist since the symptoms of phenol poisoning are well known and may be found in any book on pharmacology. Apart from this, the question had been sufficiently settled by the above-mentioned experiments which the physicians had carried out on themselves. I am convinced that Dr. Ding’s statements are not true.” [Signed by Professor Killian, and certified.]

On the basis of instructions that he was to inform himself from literature about phenol poisoning—instructions which you gave to him—what did Ding report? Was the question of gangrene serum, and the deaths resulting from it, settled?

DEFENDANT MRUGOWSKY: Ding made a report. I waited for it for some time and when it did not come I myself read up on this question. Then I was no longer interested in his report.

Q. On page 20 of the Ding diary (_NO-265, Pros. Ex. 287_) it says that a special experiment on four persons was carried out on behalf of Gruppenfuehrer Nebe. What do you know about that?

A. I have already mentioned the case of Hauptscharfuehrer Koehler, who was at the hospital at Weimar, who died from poisoning. Inaccurate statements were given about his death and autopsy. It was said that they occurred in the Buchenwald concentration camp—which is not true. At the discussion of the autopsy findings in the Reich Criminal Police Office, the opinion had been expressed that this death might have resulted from pervitin together with a narcotic drug. I participated in this discussion.

DR. FLEMMING: Mr. President, I have already submitted the affidavit by Dr. Konrad Morgen. (_Mrugowsky 29, Mrugowsky Ex. 36._) When I submitted it I read the first one and one-half pages. I should now like to read the following portion:

“Professor Dr. Timm”—that is, the forensic medical expert from Vienna who performed the autopsy on Koehler—“came to the opinion that there were two possibilities: first, that a South American poison had been used which was totally unknown to us and which dissolves completely in the human body; second, that a combination of drugs had been used. One drug had excited the circulation to the point of exhaustion, the other drug had acted as an antidote. Professor Dr. Timm spoke of the possibility that pervitin had been used together with a soporific. The idea that a South American poison had been used was rejected from a criminological point of view. From a technical point of view the second possibility would have been quite possible.

“I had to report the case to the Reich Security Main Office. Subsequently, a conference took place in the Reich Security Main Office at which quite a number of persons were present. The chief of the Reich Security Main Office [sic], Gruppenfuehrer Mueller, presided. Gruppenfuehrer Nebe of the Reich Criminal Police was also present, as well as Professor Dr. Mrugowsky. At the conference various persons, among others also Dr. Mrugowsky, pointed out that pervitin was not a poison, that it could be obtained without a prescription. One of the gentlemen present pointed out that in America experiments were carried out where up to 100 tablets of pervitin were administered and the effects were not fatal. But no one present could answer the question of whether a combination of pervitin and a soporific would be harmless, or whether it would lead to an increased reaction to any one direction. The latter appeared improbable to the experts. In order to settle this question Gruppenfuehrer Mueller ordered that an experiment be conducted. He ordered that Dr. Ding, whom he knew, should conduct this experiment in Buchenwald.

“It was ruled that in this experiment, which was to settle the purely criminal side of the question, only minute quantities of pervitin and soporific should be used, since it would be impossible to give large quantities of pervitin and a soporific unobtrusively to the prospective victim. Moreover, larger quantities of these drugs would have been found in any case by means of a chemical analysis. The scientific theoretical problem concerning the harmfulness or even deadliness of maximum doses did not interest anyone.

“I was present at the experiments at Buchenwald.

“Five persons were presented to us for testing, because Gruppenfuehrer Mueller had ordered experiments to be conducted on five persons. I checked the papers of the persons to be experimented on prior to the experiment. They were Russians who had deserted, or workers, who had formed a gang, stolen, and plundered, and had even been charged with murder. They had all been sentenced to death before a special court in Pomerania. Gruppenfuehrer Mueller had already previously been given the order for their execution.

“I had agreed with Dr. Ding that a preliminary experiment should be made on three persons to see the kind of reaction this combination had in the organism. Some of the condemned could speak German. They were told that the experiments were neither dangerous nor painful, and that by taking part they would at least put off their execution. Thereupon they all volunteered. Dr. Ding chose three of them. They were transferred to Block 46. There they were given a dose of pervitin and a subcutaneous injection of a soporific. Then they had to go to bed. They fell asleep. Their sleep was very restless. One of them slept for 20 hours. The others awoke a little earlier * * *.”

Then he says that none of them showed the symptoms which Koehler had shown, and that the experiment was considered completed. In the last sentence of the next paragraph he says, “Therefore, I told Dr. Ding that he should not make any more experiments, and I reported this to Gruppenfuehrer Mueller.” I shall read the last paragraph in another connection.

According to the affidavit of Dr. Morgen, Mueller ordered Ding to carry out the experiment at Buchenwald. Did you receive a report on this experiment?

A. No, I did not receive a report on it.

* * * * *

_CROSS-EXAMINATION_

MR. HARDY: Prior to the afternoon recess, Doctor, we were discussing the phenol problem. Now, in this connection, did you at any time propose experiments to be conducted at Buchenwald concerning the tolerance of serum or sera containing phenol? That is, did you propose that in 1942 or 1943 at any time?

DEFENDANT MRUGOWSKY: No. No such suggestions were made and they were not necessary, because in Germany every serum contains phenol. In the German serum industry there is no serum produced without phenol. I am speaking of the sera for therapeutic purposes, not vaccines.

Q. Then at no time did you even propose that experiments be conducted to determine the tolerance of sera containing phenol; is that what you say?

A. No. I never suggested that.

Q. Are you sure, Doctor?

A. Yes.

MR. HARDY: At this time, your Honor, I offer Document NO-1198 as Prosecution Exhibit 466, for identification. This is a letter dated Berlin, 24 August 1944. Subject: Service of experiments. It has reference-file indexes, addressed to the chief hygienist on the staff of the Reich Physician SS and Police, Berlin-Zehlendorf:

“Dear Mrugowsky,

“I am able to inform you that the Reich Leader SS has approved today the series of experiments proposed by you.

“1. Specific therapy with typhus.

“2. Tolerance of sera containing phenol.

“I agree that both series of experiments in the department for typhus and virus research of the Hygienic Institute of the Waffen SS in Weimar-Buchenwald should be carried out, and request that I be informed of the course of the findings, perhaps through intermediary reports.”

“By order of Grawitz.”

The signature is “NICOLAI”.

Q. Now this states that the Reich Leader SS has approved a series of experiments proposed by you and the experiments may be carried out in Buchenwald. You stated that you never proposed experiments to determine the tolerance of sera containing phenol. Now do you maintain, Doctor, that you never initiated any experimentation to determine the tolerance of sera containing phenol?

A. Yes. The connection here is something quite different. I shall discuss point two first.

I have already said that in Germany there were no sera without phenol. In connection with this phenol question in German serum, I informed Grawitz about the question which is being discussed here—Killian and Schreiber were present—and I told him that industry should try to produce sera without phenol, as the French serum industry had been doing for some time. I knew that suggestions to that effect had been sent to the industry, but that the German serum industry had refused, during the war, to effect any such basic change in its production because it was not in a position to obtain the necessary special apparatus, filters, etc. I therefore told Grawitz that in serum therapy for ordinary diseases—I was thinking primarily of diphtheria, where large quantities of serum were used at the time in the therapy against diphtheria once it had broken out, because the highly concentrated serum was no longer available in necessary quantities—I told him that in the case of such diseases one should watch to see whether injury from phenol might result. I told him also that it would be desirable to know whether serum without phenol would definitely prevent such shock. I also remember that this point too had connection with the fact that we had negotiated with the Behring Works for the production of serum frequently in small quantities in order to use it, and to compare it with other serum. If I remember correctly this involved diphtheria serum, that is the serum which is used most in Germany. The comparison was to be made of symptoms following the administration of the usual antidiphtheria serum containing phenol on children, and it was to be noted whether the symptoms would appear; and the symptoms following the administration of serum free of phenol were also to be noted. This was what Grawitz meant here, and he called that a series of experiments. I might point out that this expressed series of experiments in this case cannot refer to artificial infection, because it is not possible to have a human being artificially infected with diphtheria serum.

Q. Doctor, after receiving this confirmation of your proposals to perform experiments as outlined in this letter, you must have issued orders in that regard. Now to whom did you issue those orders?

A. No. I did not issue any orders. In my opinion this concerns activities of some civilian hospitals; for among the troops, and in concentration camps, we did not have any diphtheria patients.

Q. Just a moment, Doctor. But it is said in this letter that Grawitz agrees that these experiments can be carried out in the Department for Typhus and Virus Research of the Hygiene Institute of the Waffen SS in Weimar-Buchenwald. Did you or did you not carry out these experiments in Weimar-Buchenwald?

A. No.

Q. Never issued any orders to carry out such experiments to Ding, for instance?

A. I have already explained what this series of experiments means. It is possible that I suggested, for example, that he was to vaccinate one child with one kind of serum and another child with another serum. That is possible; I don’t remember about that. But to try out serum containing phenol on human beings, that I did not order. * * *

[80] Complete testimony is recorded in mimeographed transcript, 27, 28, 31 Mar and 2, 3 Apr 1947, pp. 5000-5244, 5334-5464.

15. EXPERIMENTS FOR MASS STERILIZATION

a. Introduction

The defendants Karl Brandt, Gebhardt, Rudolf Brandt, Mrugowsky, Poppendick, Brack, Pokorny, and Oberheuser were charged with special responsibility for and participation in criminal conduct involving sterilization experiments (par. 6 (I) of the indictment). In the course of the trial the prosecution withdrew this charge in the case of the defendants Mrugowsky and Oberheuser. On this charge the defendants Gebhardt, Rudolf Brandt, and Brack were convicted, and the defendants Karl Brandt, Poppendick, and Pokorny were acquitted.

The prosecution’s summation of the evidence on the experiments for mass sterilization is contained in its closing brief against the defendant Rudolf Brandt. An extract from this brief is set forth below on pages 695 to 702. A corresponding summation of the evidence by the defense on these experiments has been selected from the final plea for the defendant Gebhardt and closing brief for the defendant Pokorny. It appears below on pages 702 to 708. This argumentation is followed by selections from the evidence on pages 710 to 738.

b. Selection from the Argumentation of the Prosecution

_EXTRACT FROM THE CLOSING BRIEF AGAINST DEFENDANT RUDOLF BRANDT_

_Sterilization Experiments_

By 1941 it was the accepted policy of the Third Reich to exterminate the Jewish population of Germany and the occupied countries.[81] Because of the pressing need for laborers, sterilization of Jews able to work was considered as an alternative to outright extermination. (_NO-205, Pros. Ex. 163._)

In order to ascertain cheap and fast working methods for sterilization, experimentation on concentration camp inmates by means of drugs (_NO-036, Pros. Ex. 143_), injection of an irritating solution (_NO-212, Pros. Ex. 173_) and X-rays and surgical operation (_Tr. pp. 556-9_) were carried out on a large scale. Brandt not only had full knowledge of these experiments, but collaborated actively in all of them.

The purpose of the sterilization experiments is well described by Brandt in his own affidavit:

“Himmler was extremely interested in the development of a cheap and rapid sterilization method which could be used against enemies of Germany, such as the Russians, Poles, and Jews. One hoped thereby not only to defeat the enemy but to exterminate him. The capacity for work of the sterilized persons could be exploited by Germany, while the danger of propagation would be eliminated. As this mass sterilization was part of Himmler’s racial theory, particular time and care were devoted to these sterilization experiments. Surgical sterilization was of course known in Germany and applied; this included castration. For mass application, however, this procedure was considered as too slow and too expensive. It was further desired that a procedure be found which would result in sterilization that was not immediately noticeable.” (_NO-440, Pros. Ex. 141._)

Sterilization experiments in order to ascertain the efficacy of a drug known as caladium seguinum (Schweigrohr) were suggested to Himmler by the defendant Pokorny in October 1941. Pokorny reported that Dr. Madaus had found, as a result of his research on medical sterilization of animals, that caladium seguinum produced sterility in animals when administered orally or by injection. Pokorny further stated in his letter that:

“* * * the immense importance of this drug in the present fight of our people occurred to me. _If, on the basis, of this research, it were possible to produce a drug which after a relatively short time effects an imperceptible sterilization on human beings, then we would have a new powerful weapon at our disposal._ The thought alone that the 3 million Bolsheviks, at present German prisoners, could be sterilized so that they could be used as laborers but be prevented from reproduction, opens the most far reaching perspectives.”

He therefore advocated immediate research on human beings in order to determine the dose and length of treatment, the cultivation of the plant caladium seguinum in hothouses, and chemical research in order to produce the drug synthetically on a large scale. (_NO-035, Pros. Ex. 142._)

Himmler agreed to Pokorny’s suggestions and requested Pohl, on 10 March 1942, to contact Dr. Madaus and to “offer him possibilities for doing research in cooperation with the Reich Physician SS (Grawitz) on criminals who would have to be sterilized in any case.” He further ordered that the intended plan of research should be submitted to him. It was the defendant Rudolf Brandt who forwarded a copy of this letter to Grawitz (_NO-036, Pros. Ex. 143_) and furnished him, on 20 April, with a copy of Pokorny’s report and information on the publications of Madaus concerning medicinal sterilization of animals. (_NO-037, Pros. Ex. 146._)

Brandt’s office submitted Madaus’ report on the studies of experiments on animals to SS Obergruppenfuehrer Heydrich, Chief of the Security Police and SD. The letter of transmittal, dated 23 April 1942, bears the same file number as Himmler’s letter to Pohl (752/5) and refers expressly to “the question of sterilization by medicine.” (_NO-047, Pros. Ex. 145._)

In June 1942 Brandt requested a report from Pohl, Chief of the WVHA, as to the progress of the preparation for experiments. (_NO-038, Pros. Ex. 147._) Pohl reported on 3 June 1942 that since “Schweigrohr,” from which caladium seguinum was derived, grew only in North America and could not be exported in adequate quantities, attempts to grow the plant from seed cultivated in hothouses had been made by Dr. Koch of the Biological Institute of the Madaus Works. These attempts had been successful, but the process of growing the plant and developing the drug was not speedy enough and the yield not sufficient to permit experimentation on a _large scale_. In order to remove these difficulties, he said that it would be necessary to build a larger hothouse. (_NO-046a, Pros. Ex. 148._) On 11 June, Brandt advised Pohl that he had informed Himmler of his letter and that Himmler wanted Pohl to see to it that a large hothouse was placed at Dr. Koch’s disposal as soon as possible as Himmler considered the experiments extremely important. Brandt also asked Pohl for further reports in the matter. (_NO-046b, Pros. Ex. 149._) Only eight days later Brandt himself had a conference with Pohl in which, among other things, he informed Pohl of Himmler’s request to have the ingredients of caladium seguinum thoroughly investigated to determine whether equally effective ingredients could be found in plants more easily accessible. Brandt requested that the work of Dr. Koch should be carried out to the fullest extent. He informed Pohl that experiments should be conducted in concentration camps with the amount of the drug then available. Pohl agreed to take the necessary steps at once. (_NO-044, Pros, Ex. 150._) Department IV-B-4 of the Reich Security Main Office, the agency which was in charge of the solution of the Jewish question[82] was informed by a subordinate of Brandt about Madaus’ research work and requested to collaborate closely with Pohl in this matter. (_NO-050, Pros. Ex. 151._) A copy of this letter was forwarded to the defendant Rudolf Brandt. (_NO-051, Pros. Ex. 152._)

The Deputy Gauleiter of Gau Lower Danube (Lower Austria), SS Obergruppenfuehrer Gerland, informed Himmler on 24 August 1942 that the Director of the Office for Racial Policy in that province, Dr. Fehringer, had examined the question of mass sterilization and, in this connection, had come across Dr. Madaus’ studies on medicinal sterilization with caladium seguinum. For reasons similar to those suggested by the defendant Pokorny (_NO-035, Pros. Ex. 142_), Gerland advocated experimentation on inmates of the gypsy camp of Lackenbach in Gau Lower Danube. Gerland pointed out that if these experiments were successful, as was expected, it would be possible to sterilize practically unlimited numbers of people in the shortest time and in the simplest way conceivable. (_NO-039, Pros. Ex. 153._)

It was the defendant Rudolf Brandt who took the matter up and informed Gerland on 29 August of the steps which had already been taken in respect to experiments with caladium seguinum. From Brandt’s letter, it is apparent that Himmler was not present at that time. Brandt took care of this matter on his own initiative and informed Gerland that Pohl and Grawitz were in charge of the experiments. He requested information from Gerland whether Dr. Fehringer had caladium seguinum available and what means for the procurement of this plant the latter would suggest. (_NO-040, Pros. Ex. 154._) Copies of Gerland’s letter were forwarded by Brandt to Pohl and Grawitz. On 7 September 1942, Pohl gave Gerland further details and informed him that he and Dr. Lolling were personally supervising the experiments. Pohl, in turn, sent copies of this letter to Rudolf Brandt and Grawitz. In the covering letter to Brandt, Pohl informed him that he had been to the Madaus Works to convince himself of the progress of the experiments and that Dr. Lolling would cooperate in them. An agreement had been reached with Madaus “to transfer the experiments to our concentration camps as soon as possible.” (_NO-041, Pros. Ex. 156._)

On 14 October 1942, Gerland wrote to Rudolf Brandt and informed him of the letter he had received from Pohl. He stated that he considered Dr. Fehringer’s suggestion to use inmates of the gypsy camp of Lackenbach as obsolete, as Pohl had informed him that Lolling was already collaborating with the Biological Institute of Madaus. He further advised Brandt that Fehringer was of the opinion that it was quite possible to produce caladium seguinum chemically or have the plant cultivated in hothouses to an extent which would be sufficient for experimental purposes. He also suggested collaboration between Lolling and Fehringer. (_NO-043, Pros. Ex. 157._) Brandt’s reply of 25 October reveals that he, on his own initiative in Himmler’s absence, agreed to the collaboration between Fehringer and Lolling. (_NO-049, Pros. Ex. 159._) Brandt sent copies of Gerland’s letter of 14 October (_NO-043, Pros. Ex. 157_) and his reply (_NO-049, Pros. Ex. 159_) to Pohl. In his covering letter to Pohl he expressed the conviction that in spite of the fact that he could not consult Himmler, he was convinced that the latter would certainly welcome experiments to produce caladium seguinum synthetically. He asked Pohl to arrange for a contact between Lolling and Fehringer. (_NO-048, Pros. Ex. 158._)

There is no reasonable doubt that the sterilization experiments with caladium seguinum were, in fact, carried out on concentration camp inmates. Himmler, who was the highest authority to decide such questions, not only gave his consent to these experiments (_NO-036, Pros. Ex. 143_) but considered them “extremely important” (_NO-046b, Pros. Ex. 149_) and requested that they should be carried out in the concentration camps _in any case_. (_NO-044, Pros. Ex. 150._) Pohl, who was in charge of the administration of the concentration camps, agreed upon the request of Brandt to take the necessary steps immediately. (_NO-044, Pros. Ex. 150._) There can be no doubt that Department IV-B-4 of the Reich Security Main Office, which was charged with the solution of the Jewish question, was informed about Madaus’ research work for the purpose of furnishing the necessary Jewish victims for the experiments. The collaboration of Dr. Lolling, who was the doctor in charge of all concentration camps, can only be explained in connection with experimentation in these camps. This is also clear from Gerland’s letter to Brandt:

“SS Obergruppenfuehrer Pohl has informed me that _the doctor of his Main Office_ is already collaborating with the Madaus Biological Institute for research on the effects of caladium seguinum, so that the suggestion of my District Main Office Leader, Dr. Fehringer, _becomes obsolete_.” [Emphasis added.] (_NO-043, Pros. Ex. 157._)

It can only be concluded that Pohl and Lolling carried out the experiments in concentration camps as was agreed upon between them, Himmler, Brandt, and Madaus. (_NO-043, Pros. Ex. 157._) Moreover, Brandt himself admitted in his affidavit that experiments with caladium seguinum on human beings were performed in concentration camps:

“As result of Pokorny’s suggestion experiments were conducted upon concentration camp prisoners in order to test the effect of the drug. Simultaneously all efforts were made to cultivate the plant in large quantities. Oswald Pohl, Chief of the Economic and Administrative Main Office, took a personal interest in this matter. Hothouses were used, with a certain amount of success, to cultivate this plant, and the experiments were continued.” (_NO-440, Pros. Ex. 141._)

On 30 May 1942, Dr. Clauberg wrote to Himmler asking his support on sterilization experiments on female concentration camp inmates. (_NO-211, Pros. Ex. 169._) On 4 June the defendant Poppendick forwarded to Rudolf Brandt a list of doctors who were authorized to carry out sterilization. Clauberg is listed among these doctors. (_NO-214, Pros. Ex. 168._) On 7 and 8 July, a conference took place between Himmler, Gebhardt, Gluecks, and Clauberg. The topic of discussion was the sterilization of Jewesses. Clauberg was promised by Himmler that the Auschwitz concentration camp would be placed at his disposal for experiments on human beings. He was assigned the task of performing experiments to test a method of sterilizing persons without their knowledge. He was ordered to report on this matter as soon as possible so that measures could be taken “for the practical realization of the sterilizations on a larger scale”. It was suggested that Hohlfelder be consulted on the sterilization of men by X-rays. The participants in the conference were admonished that these experiments were a matter of utmost secrecy. Rudolf Brandt denied having been present at this conference. Be that as it may, one of the two file memoranda which reveal complete knowledge of all details discussed in this conference was dictated by Brandt (_NO-215, Pros. Ex. 172_), and the other was signed by him. (_NO-216, Pros. Ex. 170._)

On 10 July 1942, Rudolf Brandt wrote a letter to Clauberg in which he informed him of the details of his assignment and the plans for the execution of the experiments. Clauberg was ordered to report to Himmler on how long it would take to sterilize, a thousand Jewesses by his method. It was suggested that Clauberg should contact Pohl and a camp physician of the Ravensbrueck concentration camp in order to perform there his sterilization experiments. Brandt stated further:

“Thorough experiments should be conducted to investigate the effect of the sterilization, largely in a way that you could find out after a certain time, which would have to be _fixed, perhaps by X-rays_, what kind of changes have taken place. In some cases a practical experiment might be arranged by locking up a Jewess and a Jew together for a certain period and then seeing what results are achieved.

“I ask you _to let me know your opinion about my letter for the information of the Reich Leader SS_.” [Emphasis added.] (_NO-213, Pros. Ex. 171._)

Copies of this letter were sent by Brandt to Pohl, Grawitz, SS Sturmbannfuehrer Koegel of the Economic and Administrative Main Office, and to Gruppenfuehrer Mueller of the Reich Security Main Office. On 7 June 1943, Clauberg was able to report, on the basis of his experiments, that it would be possible to sterilize several hundred, if not a thousand, per day by his methods. He stated that sterilization could be “performed by a single injection made from the entrance of the uterus in the course of the usual customary gynecological examination”. (_NO-212, Pros. Ex. 173._)

The sterilization experiments of Clauberg were, in fact, carried out in the Auschwitz concentration camp. Brandt communicated with Clauberg on this matter again on 19 June and 22 July 1943. While these two letters are not available, it is clear from Clauberg’s reply to Brandt, dated 6 August, that these communications were reminders to Clauberg to expedite his experimentation. In his reply, Clauberg stated:

“I really do need the _second X-ray installation—I can give you the explanation only by word of mouth—at any rate the probability exists that even more of the installations will be needed later on_ (_it depends on, the application of my results the moment these are determined_). For I can get the installation without further difficulties, that is, it is ‘_waiting_’ for me—_really I have got it already_!

“I had an opportunity _to acquire one myself_ and I quickly laid hands on it, and the installation has been set up for some weeks. But what I care for is the following:

“_I urgently need this installation here in Koenigshuette for my contrary (positive) research. But I cannot spare it in Auschwitz until I get a second installation from the Waffen SS._ If I may tell you something between ourselves—the fact is that I will _be able to replace my own existing installation provided the Reich Leader SS will give me his approval_. I would not bother either him or you with this _unless it were really necessary_.” (_NO-210, Pros. Ex. 174._)

Brandt himself admitted in his affidavit that Clauberg did carry out sterilization experiments in the Auschwitz concentration camp on a large scale. He stated:

“Dr. Clauberg developed further a method for the sterilization of women. This method was based upon the injection of an irritating solution into the uterus. Clauberg conducted widespread experiments on Jewish women and gypsies in the Auschwitz concentration camp. Several thousand women were sterilized by Clauberg in Auschwitz.” (_NO-440, Pros. Ex. 141._)

Sterilization of Jews by means of X-rays was suggested to Himmler by the defendant Brack in the spring of 1941. (_NO-426, Pros. Ex. 160._) Himmler requested Brack to investigate with some of the physicians who were active in the euthanasia program, the possibility of sterilization which would keep the victims unaware of their terrible fate. (_Tr. p. 7484._) On 28 March 1941, Brack forwarded to Himmler a report of the results of experiments concerning X-ray castrations in which he stated that mass sterilization by means of X-rays could be carried out without difficulty. Brack estimated that with twenty X-ray installations, sterilization of 3,000 to 4,000 victims could be carried out daily. (_NO-203, Pros. Ex. 161._) On 12 May 1941 a subordinate of Brandt, SS Sturmbannfuehrer Tiefenbacher, acknowledged receipt of Brack’s report and sent a copy to the Chief of the Security Police and SD, Heydrich. (_NO-204, Pros. Ex. 162._)

The invasion of Russia began in the summer of 1941 and Brack’s proposal was not acted on immediately, but on 23 June 1942, when Germany appeared to be on the verge of victory, Brack again wrote to Himmler suggesting the sterilization of Jews who were able to work. Jews unable to work were being exterminated. (_NO-205, Pros. Ex. 163._) Himmler wrote to Brack on 11 August 1942 that further experiments to ascertain the effectiveness of X-ray sterilization should be carried out on concentration camp inmates by expert physicians who were to be furnished by Brack’s chief, Bouhler. Rudolf Brandt sent copies of this letter to Pohl and Grawitz in order to put Himmler’s decision into effect. (_NO-206, Pros. Ex. 164._) Brack ordered his deputy, Blankenburg, to contact the chiefs of the concentration camps for this purpose. Blankenburg’s letter, which communicated this fact to Himmler, was received by Brandt’s office on 15 August 1942. (_NO-207, Pros. Ex. 165._) As a result, experiments on inmates in the Auschwitz concentration camp were carried out by Dr. Schumann. (_NO-208, Pros. Ex. 166._) One of the victims of these atrocious experiments who, after having been subjected to severe doses of X-ray in the genital area, was castrated by operation in order to determine the effects of the X-ray. (_Tr. p. 541._) At least 100 involuntary experimental subjects—Poles, Russians, French, and prisoners of war—were used for these experiments. Only young, well-built inmates, in the best of health, were selected for them. (_Tr. pp. 556-7._) Nearly all the victims of these experiments were exterminated as the severe X-ray burns made them incapable of working. (_Tr. p. 557; Tr. p. 543._) Brandt admitted in his pretrial affidavit that “sterilization experiments were likewise conducted with X-rays. Dr. Schumann applied this procedure in Auschwitz and sterilized a number of men.” (_NO-440, Pros. Ex. 141._)

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