c. Selections from the Argumentation of the Defense

_EXTRACTS FROM THE CLOSING BRIEF FOR DEFENDANT SIEVERS_ _The Freezing Experiments_

Freezing experiments on human beings were carried out in Dachau concentration camp from the end of 1942 on.

It cannot be denied that a ruthless carrying-out of these experiments was liable to inflict torture and death upon the persons experimented on. Here, too, it seems necessary to distinguish between two groups of experiments. One group comprises the experiments carried out by Professor Holzloehner, Dr. Rascher, and Dr. Finke, and the other one, those carried out by Rascher alone. The first group of experiments easily permits the assumption that the possible effects of the experiments on the persons subjected to them were taken into consideration. After all that has become known about Rascher by now, the assumption is justified that, during the experiments carried out by Rascher alone, considerations of the effect on life and health of the persons used were not of primary importance. The only exceptions were probably the experiments Rascher carried out in the presence of third persons who were not involved.

On the occasion of administrative conferences he had to attend in Dachau, Sievers met Professor Holzloehner, Dr. Finke, and Rascher who had just finished a freezing experiment. The person experimented on was placed under an arc of light [Lichtbogen]. That is all Sievers saw of this experiment. (_German Tr. p. 5684._)

Then Sievers watched a second freezing experiment. Himmler had instructed Professor Hirt of Strasbourg to have a look at Rascher’s work on freezing, since he (Himmler) obviously had come to the conclusion that Rascher alone was not sufficient for the clarification of these scientifically extensive and difficult questions. For this experiment a professional criminal was introduced whom a regular court had sentenced to death for robbery and murder. Sievers and Dr. Hirt made sure about this by examining the files of the criminal police department of the Dachau concentration camp. Dr. Hirt then asked the person to be experimented on whether he realized that the experiment might prove fatal to him. The person to be experimented on answered in the affirmative.

By personally questioning the person to be experimented on, Sievers then made sure that he agreed to the experiment. The person in question answered in the affirmative and added: “If it does not hurt.” This assurance could be given since the experiment was carried out under full narcosis. Sievers did not take part in the entire experiment, but he saw that it was carried out under full narcosis. (_German Tr. pp. 5685-86._)

The witness Dr. Punzengruber, at that time an inmate of the Dachau concentration camp and from 1942-1943 assigned to Dr. Rascher’s station as a chemist, confirms that the person used had been condemned to death.

The same witness confirms that Sievers was not present during other freezing experiments. Dr. Punzengruber could establish this because his laboratory was located next to the room where Dr. Rascher carried out his experiments. (_Affidavit of Dr. Punzengruber, 14 March 1947._)

A further presence of Sievers at freezing experiments has not occurred and has not been claimed from any side.

In order to prove Sievers’ participation in the freezing experiments, the prosecution pointed out the following documents:

Rascher’s letter of 10 September 1942 to Himmler. “SS Obersturmbannfuehrer Sievers, who observed the experiments in Dachau last week, is of the opinion that if during a convention there would be a report at all, I, too, would have to be called in for reporting.” (_NO-234, Pros. Ex. 83._)

Himmler’s letter of 22 September 1942 to Rascher in which the former instructs Rascher to carry out experiments in quick increase of body temperature and increase of body temperature through medicaments and animal heat [medikamentanimalische Erwaermung], Sievers received a copy of this letter for information on 25 September 1942. (_1611-PS, Pros. Ex. 85._)

Rascher’s letter of 3 October 1942 to Dr. R. Brandt which contains the information that he (Rascher) had asked Sievers to transmit at once a teletype communication to the camp commander stating that four female gypsies from another camp must be procured immediately; that furthermore he had asked Sievers to take steps to have the low-pressure chamber put at his disposal; he finally mentioned that he informed Sievers about the failure of the planned report to Field Marshal Milch. (_NO-285, Pros. Ex. 86._)

Sievers’ note of 6 November 1942 concerning Rascher’s transfer to the SS. (_NO-288, Pros. Ex. 95._)

Letter, dated 12 January 1943, from the Reich Chief Manager [Reichsgeschaeftsfuehrer] of Ahnenerbe to SS Obergruppenfuehrer Wolff, concerning Rascher’s transfer to the Waffen SS. (_NO-236, Pros. Ex. 101._)

Letter, dated 28 January 1943, from the Reichsgeschaeftsfuehrer of Ahnenerbe to the personal staff of the Reich Leader SS concerning the taking of Dr. Rascher’s work under the protection of Ahnenerbe in pursuance of Dr. Rascher’s conversation on 13 January 1943 with the Chief Reich Physician [Reichsarzt] of the SS, Dr. Grawitz. (_NO-320, Pros. Ex. 103._)

Note, dated 4 February 1943, of the Reichsgeschaeftsfuehrer of Ahnenerbe concerning Dr. Rascher’s report to the medical inspection [Sanitaetsinspekteur] of the Luftwaffe on his activities since he was declared unassigned [zur Disposition]. Furthermore Rascher should go to SS Obersturmbannfuehrer Professor Dr. Pfannenstiel on 7 February 1943. (_NO-238, Pros. Ex. 104._)

Letter, dated 17 May 1943, from Dr. Rascher to the Reichsgeschaeftsfuehrer of Ahnenerbe concerning Rascher’s statement on his report to SS Gruppenfuehrer Professor Dr. Gebhardt on 14 May 1943. (_NO-231, Pros. Ex. 116._)

Letter, dated 22 May 1943, from the Reichsgeschaeftsfuehrer of Ahnenerbe to Dr. R. Brandt concerning Rascher’s statement on his report to SS Gruppenfuehrer Professor Dr. Gebhardt. (_NO-267, Pros. Ex. 117._)

Letter, dated 27 September 1943, from the Reichsgeschaeftsfuehrer of Ahnenerbe to Dr. Brandt concerning Dr. Rascher’s establishment as a college professor (Habilitation). (_NO-229, Pros. Ex. 118._)

Letter, dated 21 March 1944, from the Reichsgeschaeftsfuehrer of Ahnenerbe to Dr. R. Brandt concerning the establishment of Dr. Rascher as a college professor. (_NO-290, Pros. Ex. 121._)

The prosecution furthermore refers to the testimony given on 17 and 18 December 1946 by witness Neff. Neff testified that Sievers frequently was at the experimental station; that during experiments he was present several times; that, however, he could not remember whether Sievers had been present during experiments which ended fatally.

The prosecution furthermore accuses Sievers of having procured female concentration camp inmates to be used in the rewarming experiments [Wiedererwaermungsversuche]. In this connection the following was submitted:

Letter, dated 3 October 1942, from Dr. Rascher to Dr. Brandt: “* * * Today I asked Obersturmbannfuehrer Sievers to pass on immediately a teletype communication to the camp commander in which is stated that four female gypsies must be procured from another camp at once.” (_NO-285, Pros. Ex. 86._)

Telephone call [Fernspruch] of 7 October 1942 from camp commander Weiss to Dr. Brandt, concerning the putting at the disposal of staff physician [Stabsarzt] Dr. Rascher “of the four women for experimental purposes as ordered by the Reich Leader SS”. (_1619-PS, Pros. Ex. 87._)

Teletype communication, dated 8 October 1942, to SS Brigadefuehrer Gluecks, concerning the departure from their original station of “the four women ordered by the Reich Leader SS”.

Dr. Rascher’s report of 5 November 1942 on concentration camp prostitutes [KL-Dirnen]. Refusal, on account of her Nordic racial characteristics, to use one of those women, and corresponding report to the camp commander and to the adjutant of the Reich Leader SS. (_NO-323, Pros. Ex. 94._)

Witness Neff estimates that 10 women from the Ravensbrueck concentration camp were put at disposal for experiments with body heat [animalische Waerme]. (_German Tr. p. 632._)

The following is to be said to the prosecution’s accusation that Sievers played an important part in procuring female concentration camp inmates to be used for the rewarming of persons used in experiments:

Nowhere, except in the letter, dated 3 October 1942, from Dr. Rascher to Dr. Brandt does there exist any indication that such an assumption might be justified. But this letter only states that Dr. Rascher had asked Obersturmbannfuehrer Sievers immediately to pass on to the camp commander a teletype communication reporting that four female gypsies must be procured from another camp at once. (_NO-285, Pros. Ex. 86._)

The fact that the order to carry out experiments concerning the increase of temperature through medicaments and body heat [medikamentanimalische Erwaermung] was given by Himmler is proved beyond doubt by 1611-PS, Prosecution Exhibit 85.

Furthermore, I point to the interrogation of Dr. Romberg. (_German Tr. pp. 6864-65._)

Sievers claims not to have done anything in this connection since the orders originated with Himmler himself. Consequently there was nothing caused by his own initiative. (_German Tr. pp. 5685-86._)

At that time Rascher was at Dachau concentration camp most of the time, while Sievers came there very rarely. Therefore it was much easier for Rascher than for Sievers to inform the camp commander of his wishes.

Rascher refused to use one of the four women for experiments in rewarming through body heat because this woman possessed beyond doubt the characteristics of the Nordic race. Rascher reported this to the camp commander and to the adjutant of the Reich Leader SS. (_NO-323, Pros. Ex. 94._) In this connection, too, Sievers did not play any part.

The prosecution furthermore accuses Sievers of taking part in Dr. Rascher’s dry-freezing experiments [Trockenkaelteversuche].

Sievers is not mentioned in the following documents submitted in this connection: NO-319, Pros. Ex. 96; 1579-PS, Pros. Ex. 97; NO-431, Pros. Ex. 99; 1580-PS, Pros. Ex. 107; 1615-PS, Pros. Ex. 109; NO-292, Pros. Ex. 111; NO-240, Pros. Ex. 112; NO-241, Pros. Ex. 113; NO-432, Pros. Ex. 119.

These letters are neither addressed to him nor signed by him. Neither have copies of them reached him nor have they passed through his hands.

The letter, dated 12 January 1943, from the Reichsgeschaeftsfuehrer of Ahnenerbe to SS Obergruppenfuehrer Wolff, contains the following passage: “Since the freezing experiments depend on the season, valuable time is lost as long as Dr. Rascher is not available.” (_NO-236, Pros. Ex. 101._)

The witness Neff did not testify that Sievers knew of the dry-freezing experiments [Trockenkaelteversuche].

Sievers knew through Himmler’s order of 13 December 1942, that Rascher was supposed to carry out dry-freezing experiments. (_1612-PS, Pros. Ex. 79._) Only during this trial did Sievers come to know that Rascher carried out such experiments in Dachau. Himmler had ordered these experiments to be carried out on the terrain of Berghaus Sudelfeld. They were planned for the winter of 1943-44. Sievers faked inquiries as a result of which the terrain at Sudelfeld was supposed to be unsuited and by this he succeeded in not having the dry-freezing experiments carried out during the winter of 1943-44. The experiments, which Himmler then ordered for the winter of 1944-45, did not take place because Rascher was arrested in the spring of 1944. (_German Tr. pp. 5689-90._)

Since the dry-freezing experiments in the mountains, ordered by Himmler, did not take place at all, Sievers can rightfully claim to have helped to prevent them.

The freezing experiments which, beginning at the end of August 1942, were carried out in Dachau concentration camp, originated from a scientific research order the medical inspector [Inspekteur des Sanitaetswesens] of the Luftwaffe had given Stabsarzt Professor Dr. Holzloehner on 24 February 1942. At Stabsarzt Dr. Rascher’s suggestion, corresponding experiments were carried out on human beings. For this research work an experimental group “Seenot” (“Hardships at sea”), consisting of Professor Dr. Holzloehner as chief, and Stabsarzt Dr. Rascher and Dr. Finke, was organized. (_NO-286, Pros. Ex. 88_; _NO-268, Pros. Ex. 106_; _NO-230, Pros. Ex. 115_.) The freezing experiments were carried out in agreement with the Reich Leader SS. (_NO-286, Pros. Ex. 88._) In his letter, dated 19 February 1943, the medical inspector of the Luftwaffe thanks the Reich Leader SS for the great help which the cooperation with the SS afforded in carrying out the research work. (_NO-268, Pros. Ex. 106._) On 6 March 1943 the medical inspector of the Luftwaffe confirmed in a letter to Obergruppenfuehrer Wolff that he had at once agreed to freezing experiments on human beings. (_NO-262, Pros. Ex. 108._)

The prosecution argues that Sievers gave special support to Rascher as a person and thus he revealed that he also wanted to support Rascher’s experiments. Therefore reason exists for comment on Rascher’s personality and Sievers’ attitude toward him.

Dr. Rascher was staff physician (Stabsarzt [Captain, M. C.]) of the Luftwaffe reserve and at the same time a member of the general SS, holding the rank of an SS Hauptsturmfuehrer. In a well-planned scheme he always put this last mentioned position and his direct connection with Himmler in the foreground. Orally or in writing he submitted all his wishes to Himmler; to him directly did he send the reports on his work. He referred to Himmler whenever he wanted to assert himself and his work before other official agencies such as, for example, the Luftwaffe. He appealed to Himmler when the chief physician of the SS [Reichsarzt SS] Dr. Grawitz, and Professor Dr. Gebhardt, did not give him the recognition and the support he believed were due him. Through Himmler he tried to effect his establishment as a university lecturer. (_NO-283, Pros. Ex. 82_; _NO-234., Pros. Ex. 83_; _NO-320, Pros. Ex. 103_; _1616-PS, Pros. Ex. 105_; _1580-PS, Pros. Ex. 107_; _NO-270, Pros. Ex. 110_; _NO-240, Pros. Ex. 112_.)

There can be no doubt that on account of his protection by Himmler he showed an autocratic mind toward his surroundings and also toward his military superiors, brutality toward his inferiors, and disgusting servility toward his protector, Himmler. (_German Tr. p. 674._)

In the Dachau concentration camp he was able to move without restrictions and without control by accompanying guards. This was impossible for occasional visitors like Sievers. (_German Tr. p. 5672_; _German Tr. p. 5320_; _German Tr. pp. 6542-43_; _German Tr. p. 8620_; _German Tr. pp. 8697 and 8887-88_; _Beiglboeck 31, Beiglboeck Ex. 12_.)

Holding the rank of a commanding general, the medical inspector of the Luftwaffe deemed it advisable to assure SS Obergruppenfuehrer Wolff in his letter of 6 March 1943 that he “would discuss the entire problem in _old comradeship_ with Rascher personally.” (_NO-262, Pros. Ex. 108._)

A commanding general deemed it advisable to adopt this attitude, contrary to all military customs, toward a staff physician because by this conciliatory attitude, inconceivable under other circumstances, he wanted to avoid a controversy with the latter on account of the latter’s connections with Himmler.

What Rascher thought of Medical Inspector Dr. Hippke’s attitude is revealed in the letter of 14 March 1943 to Dr. Rudolf Brandt in which he states:

“I would like to point out the extraordinary amiability of the inspector and his carefulness in all remarks relating to the SS.” (_NO-270, Pros. Ex. 110._)

To make sure that Himmler would under all circumstances be informed about Rascher’s conference with Medical Inspector Hippke, he continues:

“May I respectfully ask to inform, wherever that seems necessary to you, the Reich Leader SS of my report.” (_NO-270, Pros. Ex. 110._)

The statement that Witness Dr. Punzengruber made about Rascher is very characteristic:

“His (Rascher’s) connections were so strong that practically every important superior trembled in fear of the intriguing Rascher, who consequently held a position of enormous power.” (_Sievers 44, Sievers Ex. 45._)

Rascher’s servility toward Himmler is already revealed by the bombastic phrases with which he closes his letters to Himmler. To give a few examples only:

Letter dated 17 February 1943, from Rascher to Himmler: “With most obedient regards I remain in honest gratitude with Heil Hitler your very devoted S. Rascher.” (_1616-PS, Pros. Ex. 105._)

Letter, dated 11 April 1943, from Rascher to Himmler: “With most obedient regards and Heil Hitler I remain always, devoted to you in gratitude, your S. Rascher.” (_NO-240, Pros. Ex. 112._)

Letter, dated 10 September 1942, from Rascher to Himmler: “In grateful admiration with Heil Hitler your very devoted S. Rascher.” (_NO-234, Pros. Ex. 83._)

The picture of Rascher is completed by the testimony that personally he went to the highest authorities only. (_German Tr. p. 7966._)

Sievers is also brought into connection with Dr. Rascher’s attempt to establish himself as a university lecturer.

In his “educational history” [“Ausbildungsverlauf”] Rascher mentions that the Reich Leader SS (Himmler) ordered him to establish himself as a university lecturer with one of his two papers: “Attempts at Rescue from High Altitude” [“Versuche zur Rettung aus grossen Hoehen”] and “Attempts at the Saving of Frozen Humans” [“Versuche zur Rettung ausgekuehlter Menschen”]. (_NO-230, Pros. Ex. 115._)

By a letter, dated 12 August 1943, from Dr. Rudolf Brandt of the personal staff of the Reich Leader SS, Sievers is entrusted with this affair. This letter is not at our disposal. On 27 September 1943, that is after more than 6 weeks, Sievers answers that he introduced Rascher to Professor Dr. Blome and SS Brigadefuehrer Mentzel. The former had talked to Professor Dr. Pfannenstiel of Marburg. On 21 March 1944, that is almost 6 months after the letter just mentioned, Sievers reports to Dr. Brandt on the further development of the case of Dr. Rascher’s establishment as a university lecturer. The attempt in Marburg had failed and consequently they would have to try to establish Rascher as a lecturer at Strasbourg University. (_NO-290, Pros. Ex. 121._)

Rascher’s arrest freed Sievers from the necessity of taking any further action. The fact that Sievers was involved, as far as the establishment as a university lecturer is concerned, not only in Rascher’s case, is revealed, for example, by Sievers’ 1943 diary, entry of 9 February 1943 concerning the establishment as a lecturer of Dr. Schuetrumpf (_NO-538, Pros. Ex. 122_); furthermore, entry of 22 February 1943 concerning the establishment as a lecturer of Dr. Rudolph; furthermore, Sievers’ 1944 diary, entry of 22 February 1944, concerning the establishment as a lecturer of Dr. Schmidt-Rohr. (_3546-PS, Pros. Ex. 123._)

If, in case of Rascher’s establishment as a lecturer, Sievers was acting only as in other similar cases of members of Ahnenerbe, then this was one of his tasks as Reich manager [Reichsgeschaeftsfuehrer] of Ahnenerbe and he cannot be charged with special activity on Rascher’s behalf.

* * * * *

There is no indication that Sievers had known, before the experiments started, that they could become immoderate or inhuman. Neither as far as planning nor as far as the direction was concerned nor in any other way had Sievers anything to do with the carrying out of the experiments.

Furthermore the question must be answered whether Sievers did not gain knowledge through Rascher’s reports, which he received while the experiments were carried out, of the criminal character of Rascher’s experiments.

The prosecution submitted the following reports of Dr. Rascher: Final report, dated 10 October 1942, of Professor Dr. Holzloehner, Dr. Finke, Dr. Rascher (_NO-428, Pros. Ex. 91._) Interim report, dated 15 August 1942, of Dr. Rascher. (_1618-PS, Pros. Ex. 84._) Report, dated 17 February 1943, of Dr. Rascher. (_1616-PS, Pros. Ex. 105._) These reports were sent by Rascher directly to Himmler as can be ascertained from the documents themselves or from the accompanying letters. None of the documents indicates that a copy of the reports went to the Ahnenerbe or that they came to Sievers’ knowledge in some other way. Sievers denies that he obtained knowledge of these reports.

Sievers did not take part in the conference of 26-27 October 1942, as can be clearly seen from the list of those present. (_NO-401, Pros. Ex. 93._) Sievers, also, never received a written report on the conference. Also the secretary of many years’ standing of the Ahnenerbe, the witness, Dr. Gisela Schmitz, has stated that she never saw reports about experiments of Rascher. Since all the incoming mail was delivered first to her she would necessarily have seen any such reports. (_Sievers 45, Sievers Ex. 46._) Even if Sievers—as he did not—should have obtained knowledge of one or another of the reports, he cannot be expected to have formed an independent opinion on the permissibility of human experiments from the point of view of medical professional ethics.

Sievers had neither the power nor the opportunity to interfere with the sub-chilling experiments, or to prevent them or bring them to a stop. It must be pointed out again and again that Sievers was competent only for administrative affairs.

Everything that Sievers could do for the prevention of the experiments was done. In the cases of the experiments at Dachau, Sievers’ influence was nil. On the other hand he was able to prevent some experimental activity on Rascher’s part by procrastinating the dry-cold experiments [Trockenkaelteversuche] which should have been carried out in the mountains.

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_EXTRACT FROM THE CLOSING BRIEF FOR DEFENDANT WELTZ_

Document 343-A-PS, Prosecution Exhibit 62, is the only document submitted in this connection [freezing experiments] and mentioning the name of Professor Weltz. It is a letter by Field Marshal Milch, dated 20 May 1942, to SS Obergruppenfuehrer Wolff, Chief of the Personal Staff, Reich Leader SS. In this letter Field Marshal Milch says that the high-altitude experiments were completed and that there was no real reason for their continuation. The letter continues: “The carrying out of experiments concerning the problem of distress at sea, on the other hand, is important; they were prepared in direct agreement with the authorities. Oberstabsarzt Weltz is instructed to carry them through and Stabsarzt Rascher is also made available for them until further notice.”

Obviously, the prosecution intends to take this letter as basis for the assertion that Professor Weltz participated in the planning and the carrying out of the experiments. At the session of 8 May 1947, (_Tr. p. 7237_) the prosecutor referred to this letter and drew the conclusion therefrom that Field Marshal Milch, pursuant to the information he had obtained from Professor Hippke on 20 May, thought that Rascher still belonged to the office of Weltz in Munich and that Professor Weltz was entrusted with the carrying out of the freezing experiments for this reason. If and to what extent Field Marshal Milch was informed about the actual events may be left undecided. It is merely established that Professor Hippke already knew at that time that Stabsarzt Rascher no longer belonged to the office of Weltz. This appears with certainty from NO-296, Prosecution Exhibit 58, which is the letter of the Medical Inspector of the Luftwaffe of 27 April 1942 to the Chief of the Personal Staff of the Reich Leader SS, from the reply to Wolff’s application to Hippke of 16 April 1942, in which Wolff asks for the extension of Stabsarzt Rascher’s assignment to the DVL (German Research Institute for Aviation), Dachau Branch. There is, therefore, no doubt that on 20 May 1942, Hippke knew that at that time Rascher no longer belonged to Weltz’ office. How it happened that the name of Professor Weltz was mentioned in this document was established by Professor Hippke’s testimony as witness in the trial against Erhard Milch. (_Weltz 3, Weltz Ex. 7._) Professor Hippke testified in this connection that in a discussion at the beginning of June 1942 he was informed by Rascher that the latter had received orders from the Reich Leader SS (Himmler) to carry out freezing experiments. A report on this conference is contained in NO-283, Prosecution Exhibit 82. Supplementing this report, Rascher’s report on his conference with Professor Hippke, Hippke himself testified that he was thinking of Professor Weltz because he knew that Professor Weltz—in his institute in Munich—had been working on problems of freezing with animal experiments. Later, he had abandoned this plan to ask Professor Weltz to cooperate in the carrying out of these experiments because he had become convinced that the theoretical work was not the point but the practical experience on freezing problems and that not Professor Weltz but Professor Holzloehner had the greater practical experience.

However, it has been established that Professor Weltz never received such an order and also that he was not otherwise concerned in any way with the carrying out of the freezing experiments. This is proved by the testimony of the defendant Weltz in his own case, (_Tr. 7108-09_), and by the affidavit of Professor Weltz’ co-worker Dr. Wendt. (_Weltz 23, Weltz Ex. 21._)

For the rest, Weltz’ name does not appear in any connection in any of the numerous documents relating to the problem of freezing experiments submitted by the prosecution. On the contrary, these documents show clearly who from the Luftwaffe was actually ordered to carry out these experiments and who carried them out in Dachau.

The fact that Professor Weltz was not even requested to participate in the planning of the freezing experiments, appears clearly from Document NO-283, Prosecution Exhibit 82, already discussed, and above all without objection.

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That Professor Weltz refused to participate in the experiments after he learned about them was firmly established on the other hand by the evidence submitted by the defense which in turn is supported by the documents submitted by the prosecution. Document 1610-PS, Prosecution Exhibit 73, submitted by the prosecution appears to have special weight as evidence in this connection. It is Rascher’s letter to Himmler of 9 October 1942. In this letter Rascher asks Himmler to see to it that the apparatus necessary for chemical analysis be put at his disposal by laboratories not working to full capacity. He points to the fact that the Weltz Institute does not make apparatus available to him, as it was allegedly used there for freezing experiments with shaved cats, and the institute needed these apparatus for its own use. Moreover, the affidavit of the witness Dr. v. Werz (_Weltz 4, Weltz Ex. 11_) according to which Professor Weltz refused to furnish apparatus for freezing experiments at Dachau, further proves this disapproval on the part of Professor Weltz of the freezing experiments carried out at Dachau. Moreover, it appears also from NO-3674, Prosecution Exhibit 549. Here, an attempt is made to procure the apparatus (colorimeter) which was not delivered by Weltz from somewhere else. From 1609-PS, Prosecution Exhibit 92, it becomes apparent to what danger Professor Weltz exposed himself by his attitude against Rascher. It is a letter of the Reich Leader SS of 24 October 1942 to Rascher. In it Himmler acknowledges the receipt of Rascher’s letter, dated 9 October 1942, (_1610-PS, Pros. Ex. 73_) mentioned above in which Rascher complains about Professor Weltz’ attitude. In reply to this complaint Himmler writes:

“People who today still disapprove of human experiments and would rather have German soldiers die of the consequences of freezing I consider to be guilty of treason and high treason, and I shall have no compunction to report the names of these gentlemen to the authorities concerned. You are authorized by me to inform the offices concerned of this of my opinion.”

From Sievers’ testimony in direct interrogation it appears, unequivocally, that this referred to Professor Weltz. In this regard Sievers declared the following: “I can only say this in respect to Weltz himself, for Herr Rascher, as I already stated in reply to your question, mentioned in this connection Weltz as a participant.”

The defendant Sievers also declared that in view of Rascher’s character, as known to him, it could be expected that Rascher would make use of the powers given him with respect to “those guilty of treason and high treason,” among others also against Professor Weltz.

In the course of the cross-examination of Weltz the prosecution intimated in a veiled manner that Professor Weltz might have moved objects and files or might have put apparatus at the disposal of the Dachau experiments.

Since the prosecution could not submit evidence of any weight in this respect it is unnecessary to go into this. In the cross-examination itself it became apparent that all the files and apparatus were in existence at the end of the war and that Weltz himself had made suggestions to hand over his institute in an orderly manner to the Americans. (_Tr. pp. 7241-7242._)

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