"I remain with best wishes for you in good comradeship and with "Heil Hitler!"Always yours, signed, E. Milch."
The Court will notice the familiar salutation which Milch uses in this letter, indicating that Milch was quite friendly with Wolff. This letter also shows that the sanitary inspector, Dr. Hippke, was reporting to Milch, and at this date, 20 May 1942, Milch knew about the high altitude experiments. In addition, the letter proves that Milch knew who Mr. Rascher was. Finally, it is proof that Milch was the man who authorized the beginning of the freezing experiments and who had complete control of the disposition of the low pressure chamber.
Reference is now made to Document NOKW 318, which will be found on Page 19 of the English and Page 30 of the German Document Book.
THE PRESIDENT: Mr. Mc Mahon, your paging is apparently a little different. The exhibit you just read is on Page 19.
MR. MC MAHON: Yes, Your Honor. The one I just read was Page 18, I think.
THE PRESIDENT: Well, in the Court's document book, 18 is missing, and the exhibit which was just read, the letter from Milch to Wolff, is on Page 19. It isn't important, as long as we know what document you mean.
MR. MC MAHON: Yes. Then this next document, Your Honor, NOKW 3118, is on Page 20 of your book, is that right?
THE PRESIDENT: Yes.
MR. MC MAHON: That will be Exhibit No. 88. This is a Milch interrogation in which he denies knowing or ever hearing the name "Rascher" until he was questioned during the proceedings before the International Military Tribunal. In view of the previous document, which was 343-PS-a, it is apparent that Milch was not telling the truth during this interrogation when he denied knowledge of Rascher's name.
Reading from the interrogation, the question about seven lines down from the top!"I know that you are acquainted with a medical captain, Dr. Rascher, medical major, Dr. Welts and Dr. Romberg.
"A. No, I have neither seen nor spoken with these gentlemen. Dr. Rascher's name I know only from hearing it here in the trial."
MR. MCMAHON: We now turn to Document No. 261, which is found on Page 24 of the English Document Book, and Page 51 of the German Document Book. This will be Prosecution Exhibit Number 89.
Dr. Bergold, do you have this document in your book? It is Number 261.
DR. BERGOLD: Yes.
MR. MCMAHON: This is a letter dated 4 June 1942. This is a letter signed by Milch. It is addressed to Dr. Hippke. This is an explicit order to continue using the low-pressure air chambers in the Munich area. The letter reads:
"Dear Herr Hippke!
"According to the agreement with the Reichsfuehrer SS the lowpressure air chamber for experiments in the neighborhood of Munich is still to be available for two months longer.
"Moreover the Stabsarzt Dr. Rascher is, in addition to his tests in the Luftwaffe to be on duty for the present for the purposes of the Reichsfuehrer SS." "Heil Hitler!"
Down below it is signed: Milch.
DR. BERGOLD: I should like to see the original of this document. It is not entirely clear whether or not this brief letter was actually sent or whether this is a copy of it. I cannot tell from the copy I have whether or not this letter was actually mailed. I should like to raise an objection on the basis of the copy I have just seen.
According to the photostatic copy I just saw, or the copy that was sent to the Obergruppenfuehrer Wolff, there is no documentary evidence that the original letter to Hippke was signed and actually sent. I can only assume from what I have here that Wolff received a copy of the letter that was or was not sent to Hippke.
MR. MCMAHON: I think later on, Your Honors, we will be able to show that this letter was sent and received because of references made to it.
THE PRESIDENT: The original document appears to have the signature of the defendant.
MR. McMAHON: It does, Your Honor. It appears at the base of the letter.
DR. BERGOLD: It has only been signed here, Your Honor, on the copy that went to Wolff. There is no evidence that any copy went to Hippke. This is not the original letter to Hippke.
THE PRESIDENT: That is not so important as is the fact that it is the original letter signed by Milch.
DR. BERGOLD: Later I shall prove why this is of importance, and it is for that reason, I raised the objection. I shall be able to prove that this letter was sent to Wolff simply to make him feel better. I shall prove that.
MR. McMAHON: The next document to be offered in evidence, Your Honor, will be Document Number 2083.
THE PRESIDENT: Just a minute, Mr. McMahon. In case there is any doubt, the objection to the admission of Exhibit 89, is overruled.
MR. McMAHON: Thank you.
Our next Document is Number 2083. It will be prosecution Exhibit 90. It is to be found on Page 25 of the English Document Book, and I think Page 52 in the German Copy Book. This is a letter dated 15 June 1942, from Dr. Rascher to Himmler, relaying the details of a conference with Hippke in which the latter asked that the freezing experiments should begin pursuant to Milch's order in his letter of 4 June 1942 which is Document 343 PS. Rascher says that the cold water experiments can be started immediately and that Hippke does not want to work with the Luftwaffe but merely to continue his assignment in cooperation with the S/S. The letter reads:
"Esteemed Reichsfuehrer!
"A few days ago I was ordered to a conference with the Inspector of the Luftwaffe Medical Service (Luftwaffensanitaotswesen) Generaloberstabsarzt Professor Dr. Hippke. When I told him that you had not yet received the report concerning the experiments as a whole, and that you still had to give permission for the reporting of the results, he did not ask for any report.
The Inspector was extraordinarily kind and asked me, as liason man with the SS, to express to you, esteemed Reichsfuehrer, his private thanks for the experiments.
"At the same time, he asked for permission to carry out the cold and water experiments in Dachau, and asked that the following be engaged in these experiments:
397-A "Professor Dr. Jarisch, of the University of Innsbruck, "Professor Dr. Holzloehner, of Kiel, as well as the Luftwaffepathologist, "Professor Dr. Singer, of Schwabing Hospital.
(I know Professor Singer personally very well). The Inspector designated the experiments as extraordinarily important, as we must count on another winter in the East.
"Later during the discussion I was asked to inquire of you, esteemed Reichsfuehrer, whether the Gestapo can investigate whether the above mentioned gentlemen are politically unexceptionable.
"It was also decided that the Inspector would issue orders to me at all times during the experiments. The Inspector said that he would prefer to approve long-term assignment rather than to free me from the Luftwaffe, as he needed me.
"The water experiments can be started immediately."
THE PRESIDENT: With reference to the Inspector, they mean Hippke?
MR. McMAHON: Yes, Your Honor, Medical Inspector Dr. Hippke.
Our next document will be 1618-PS. It will be Prosecution Exhibit 91. It will be found on page 26 of the English Document Book and on page 53 in the German Document Book. This is an intermediate report by Rascher dated 10 September 1942 on intense chilling experiments in the Dachau Camp which began on 15 August 1942. This report is worthy of note in that it mentioned the occurrences of fatalities during the freezing experiments with cold water.
Reading the report:
"Experimental procedure:
"The experimental subjects (V P) were placed in the water dressed in complete flying uniform, winter or summer combination and with an aviator's helmet. A life jacket made of rubber or kapok was to prevent submerging. The experiments were carried out at water temperatures varying from 2.5 to 12 °°. In one experimental series, OCCIPUT, brain stem, protruded above the water, while in another series, OCCIPUT, brain stem, and back of the head were submerged in water.
"Electrical measurements gave low temperature readings of 26.4 398-A. in the stomach and 26.
5° in the rectum. Fatalities occurred only when the brain stem and the back of the head were also chilled. Autopsies of such fatal cases always revealed large amounts of free blood, up to one-half liter, in the cranial cavity. The heart invariably showed extreme dilation of the right chamber. As soon as the temperature in these experiments reached 28° the experimental subjects (VP) died invariably, despite all attempts at resuscitation. The above discussed autopsy findings conclusively proved the importance of a warming protective device for the OCCIPUT when designing the planned protective clothing of foam type.
"Other important findings, common in all experiments to be mentioned: Marked increase of the viscosity of the blood, marked increase of hemoglobin, an approximate five-fold increase of the leukocytes, invariable rise of blood sugar to twice its normal value. Auriculer fibrillation made its appearance regularly at 30°.
"During attempts to save severely chilled persons (Unterkuehlte) it was shown that rapid re-warming was in all cases preferable to slow re-warming, because after removed from the cold water, the body temperature continued to sink rapidly. I think that for this reason, we can dispense with the attempt to save intensely chilled subjects by means of animal heat.
"Re-warming by animal warmth, animal bodies or women's bodies, would be too slow. As auxiliary measures for the prevention of intense chilling, improvements in the clothing of aviators come alone into consideration.
The foam suit with suitable neck protector which is being prepared by the German Institution for textile research (Deutsches Textilforschungsinstitut) Muenchen-Gladbach deserves first priority in this connection. The experiments have shown that pharmaceutical measures are probably necessary if the flier is still alive at the time of rescue."
This document is signed by Dr. Rascher.
The next document to be presented is Number 234. It will be Prosecution Exhibit 92. This is on Page 29 of the English Document Book.
THE PRESIDENT: Page 28.
MR. McMAHON: 28. Thank you, Your Honor. It is Page 55 in the German Document Book. This is Rascher's accompanying letter to Himmler in connection with the report just read. Here Rascher asks Himmler's decision on the question of submitting his report at the forthcoming Luftwaffe meeting.
The letter reads:
"My dear Reichsfuehrer, "May I submit in the enclosure, the first intermediary report about the freezing experiments.
"In the beginning of October a meeting on the subject of freezing experiments is to take place. Professor Dr. Hoezloehner, participating in our Dachau experiments on behalf of the Luftwaffe, wants to give on this occasion an account of the results of our experiments in Dachau. SS-Obersturmbannfuehrer Sievers, who surveyed the experiments in Dachau last week, believed, that if any report was to be made at a meeting, I should be called upon to submit the report. A discussion with other experts on freezing experiments would surely be very valuable. I, therefore, request your decision:
"1.) Can a report be made elsewhere before the oral report has been submitted to you, my Reichsleader, "2.) Is my participation in the conference on the subject of freezing experiments of the Luftwaffe, ordered by you, my Reichsleader?
I will take care that the report is submitted in the appropriate manner due to a Top Secret matter.
"Yours gratefully and respectfully, "Heil Hitler!"It is signed "Your very devoted," followed by the signature of Sigmund Rascher.
The next document which we will offer in evidence is Document Number 1611 PS. It is dated 22 September 1942. This will be Exhibit Number 93. It will be found on Page 29 of the English Document Book and Page 56 of the German Document Book. This is Himmler's acknowledgment of Rascher's intermediate report. In this letter signed by Himmler the Reichsfuehrer asked that all possible experiments with rewarming be carried out. The letter reads:
"Dr. Rascher "Munich-Dachau "I have received the intermediate report on the freezing experiments in the Dachau Concentration Camp.
"Despite everything, I would so arrange the experiments that all possibilities , quick warming, medication, animal warming will be executed in positive experiment orders."
It is signed by H. Himmler.
The next document to be offered in evidence is Document Number 285, which will be Prosecution Exhibit Number 94. It is found on Page 30 of the English Document Book, and on Page 57 of the German Document Book. This is a letter from Dr. Rascher to Obersturmbannfuehrer Rudolph Brandt saying that Milch failed to attend the meeting held in his office in the RLM on 11 September 1942; consequently Rascher did not make the report since he was commissioned to report only to field Marshal Milch.
I call your attention to the fact that Rascher said the distribution list for this report had been prepared by the RLM.
I will now read this report dated 3 October 1942.
"Most honored Obersturmbannfuehrer!
"First of all I want to thank you very much for "Das Glaeserne Meer" (The Glass Ocean). My wife and myself are very happy to possess now a complete set of these books. I have already read the book with great interest.
"The Reichsfuehrer--SS wants to be informed of the state of the experiments. I can announce that the experiments have been concluded, with the exception of those on warming with body heat. The final report will be ready in about 3 days. Professor Holzloehner, for reasons that I cannot fathom does not himself want to make the report to the Reichsfuehrer and has asked me to attend to it. This report must be made before 20 October, because the great Luftwaffe conference on freezing takes place in Nuernberg on 25 October. The report on the results of our research must be made there, to assure that they be used in time for the troops. May I ask you to arrange for a decision from the Reichsfuehrer regarding the final report to him, and the submission to him of the relevant material?
"Today I received your letter of 22 September 42 in which the Reichsfuehrer orders that the experiments on warming through body heat must absolutely be conducted. Because of incomplete address it was delayed. Today I asked Obersturmbannfuehrer Sievers to send a telegram to the camp commander immediately, to the effect that four gypsy women be procured at once from another camp. Moreover, I asked SS-Obersturmbannfuehrer Sievers to take steps to have the low pressure chamber made ready for use.
"The report to General Field Marshal Milch planned for 11 September could not be made, as you have discovered, because he was prevented from attending, and no representative was commissioned to receive it. As the Reichsfuehrer had not empowered me to report to anyone in the Reich Air Ministry (RLM), I abstained from making the report, which rather nettled the gentlemen of the Medical Inspectorate (Sanitaetsinspektion). I immediately informed Obersturmbannfuehrer Sievers. For the time being the report is being held as a military secret at the German experimental Institute for Aviation (DVL) together with a distribution list prepared by the Reich Air Ministry. The distribution of the copies, however, has not yet taken place because, as I said, the report has not yet been made to Milch. I assume that you were informed of this whole business long ago. What shall we do now?
I wish to enclose a letter of thanks to the Reichsfuehrer from the former prisoner Neff. At the same time I should like to thank you very much for your efforts; and let me beg you, should opportunity offer, to convey to the Reichsfuehrer my most sincere thanks for his granting of this request. I did not write to the Reichsfuehrer in person in order not to make any further demands on his valuable time.
"With best wishes and Heil Hitler."
Yours most sincerely, S. Rascher."
MR. MC MAHON: The next document which the prosecution will offer in evidence is No. 289, dated 8 October 1942, which will be marked as Prose cution's Exhibit No. 95, and found on page - it seems this copy is missing, so you 403-A will now receive a typewritten copy which will be numbered Page 31-A in your document book.
We have distributed this correct copy. The copy now appearing in the document book is incomplete so we have now distributed this typewritten copy, which is to be numbered as 31-A. This document is a letter from Dr. Hippke to Himmler expressing Dr. Hippke's thanks for the aid given by Himmler concerning the Dachau experiments. Here we have -
THE PRESIDENT: Pardon me.
MR. MC MAHON: Yes, sir.
THE PRESIDENT: This document is already in the book and seems to be the same one you yourself handed up.
MR. MC MAHON: The trouble seems to be that almost an entire sentence is omitted, so we have submitted this corrected copy and we will read from that, because the other one will not make good sense.
THE PRESIDENT: But there is a difference.
MR. MC MAHON: There is a difference, Your Honor.
THE PRESIDENT: All right.
MR. MC MAHON: In this letter we see Dr. Hippke mentioning how great a value these experiments for great heights for the aviation-medical problems of the Luftwaffe. The letter reads:
"Very honored Herr Reichsfuehrer SS:
"In the name of the German research on aviation-medical problems I beg to thank you very obediently for the great help and all the interest shown in the Dachau experiments. These experiments form a supplement which is, for us, of great value and importance.
"The fact that an atmosphere with so little oxygen can be endured at all for some time is most encouraging for further research.
"It is true that no conclusions as to the practice of parachuting can be drawn for the time being, as a very important factor, viz. cold, has so far not yet been taken into consideration; it places an extraordinary excess burden on the entire body and its vital movements, so that the results in actual practice will very likely prove to be far more unfavorable than in the present experiments.
"In the meantime the supplementary tasks required now have "been begun. In part they will have to be finished only after completion of the new Research Institute for Aviation Medicine of the Reich Air Ministry, whose low pressure chamber will include all cold generating apparatus, and also an installation for producing conditions up to a height of 30 km. Sub-freezing experiments in another direction are, in part, still being made at Dachau.
"When the work will need once more you sympathetic assistance, may I be allowed to get in touch with you again through Stabsarzt Dr. Rascher?
With Heil Hitler (signed) Prof.
Dr. Hippke."
The next document which the prosecution will offer in evidence is Document No. 1616-PS, which will be Prosecution's Exhibit No. 96, at page 38 of the English document book and page 62 of the German book. This Rascher report to Himmler is dated 12 February 1943 and tells of the result of his experiments with animal re-warming. I will not read this report but shall pass on to the next document at this time.
The next document will be Document No. 1580-PS, which will be Prosecution Exhibit No. 97, to be found at page 41 of the English document book and at page 71 of the German book. This is a letter from Himmler to Rascher, dated 26 February 1943, acknowledging receipt of Rascher's report and letter on the re-warming experiments, and that his request for further chilling and re-warming tests be made under natural conditions of cold weather. In the same document Himmler agreed with Rascher's request. It reads as follows:
"Dear Rascher, "Best thanks for your letter of 17 February with report on re-warming experiments.
I agree to experiments being made at Auschwitz or Lublin, although I believe that the time for the chilling and re-warming tests under natural conditions of cold weather has nearly passed for this winter. I am sending this letter at the same time to SS Obergruppenfuehrer (SS Lt. Gen.) Pohl, whom I request to order the execution of your experiments at Lublin or Auschwitz.
"Kind greetings and Heil Hitler!(signed) H. HIMMLER" The next document to be introduced as Prosecution's Exhibit No. 98 is Document NO-240. It is found on page 42 of the English document book and page 72 of the German book.
This letter is from Dr. Rascher to Himmler, together with a brief report of the dry-cold experiments carried out on human beings. The letter reads:
"To the Reichsfuehrer SS and Chief of the German Police Heinrich Himmler.
"Dear Reichsfuehrer:
"Enclosed I beg to submit a brief report concerning freezing experiments on human beings exposed to the open air.
"Early in May I hope to be in a position, dear Reichsfuehrer, to submit to you my habilitation thesis. SS Obersturmbannfuehrer Professor Dr. Pfannenstiel of Marburg is prepared to use and accept it as a secret thesis of habilitation.
"Do you want me to send a copy of the enclosed report to the Reich Physician SS?
With most devoted greetings and Heil Hitler, I am always Your obedient and grateful (signature) S. Rascher."
The next document is No. NO-241, thereby being Prosecution's Exhibit No. 99, and will be found on page 43 of the English document book, and page 73 of the German book. This is a letter from Rudolf Brandt to Dr. Rascher acknowledging Himmler's receipt of the Rascher report on dry-cold freezing experiments. The letter reads:
"Dear comrade Rascher:
"The Reichsfuehrer SS has received the report concerning the freezing experiments on human beings exposed to the open air, and thanks to you for transmitting same.
"Kindly contact SS Gruppenfuehrer Professor Gebhardt who received from Reichsfuehrer SS your report for study.
Please ask SS Gruppenfuehrer Gebhardt personally at Hohenlychen when your visit would suit him.
Also send copy of the report to the Reich physician SS. I take the opportunity of confirming receipt of your letter of April 4, 1943.
Cordial greetings and Heil Hitler.
(signature) Yours, RBr. Rudolf Brandt Obersturmbannfuehrer.
" This supplies the Tribunal with the group experiments carried out by Dr. Rascher and his associated in the Luftwaffen, the medical corps for the benefit of the Luftwaffen, and pursuant to orders of the defendant Milch.
We shall now proceed with a number of these experiments performed upon involuntary prisoners, and showing of their numerous results.
The next document to be offered in evidence is Document 2428-PS, which will be Prosecution's Exhibit No. 100, and will be found on page 45 of the English Document Book, and page 74 of the German Document Book. This document contains testimony of Anton Pacholeff, given under oath at Dachau on 13 May 1945. Mr. Pacholeff was an inmate of the Dachau Concentration Camp, and was a former patent lawyer in Austria. On page three of this witness' testimony is stated that extreme experiments were certain to result in death which would accompany the later pressure experiment. On page 3 also Pacholeff tells how the experimental subjects were selected. The court will note that on the question of giving the subject a free choice, it was not even considered. I shall read the questions and answers, beginning at:
Q. In light of your being at this investigation, what would you say of interest to this proceeding as to what you knew of this experimental station?
A. First, I want to talk about experiments with air pressure in connection with the Luftwaffe. The Luftwaffe delivered here the Concentration Camp at Dachau a cabinet constructed of wood and metal, measuring one meter square and two meters high. It was possible in this cabinet to either increase or decrease the air pressure. You could, observe through a little window the reaction of the subject inside the chamber.
The purpose of these experiments in the cabinet was to test human energy, and the subject's capacity and ability to take large amounts of pure oxygen and then to test his reaction to a gradual decrease of oxygen, almost approaching infinity. This amounted to a vacuum chamber in what had been a pressure chamber at the beginning of the experiment. Such prisoners were chosen for these experiments upon written request which was sent to Berlin. Suggested names of prisoners in this camp were sent, and authorization was received here in camp----"
DR. BERGOLD: I have not any copy, it is missing.
MR. McMAHON: You may get a German copy. Do you have it, Dr. Bergold?
DR. BERGOLD: Yes, Your Honor.
MR. McMAHON: "---Then the experiment was begun. Dr. Sigmend Rascher actually picked the physical subjects, and sent the names to Berlin. He chose these persons from the group in camp within the punishment company, which group was made up of political prisoners who had already been marked for extermination. A few convicts were among these political prisoners, having been placed there merely to depress the morale of the political prisoners, and, so, a few convicts were killed along with others.
Q. What do you know of the so-called "Rascher Process"?
A. The process, so-called, is more or less a slang term. It was simply a method of testing persons ability to withstand extreme air pressure. Some experiments would have no physical effect on a person, but would only be indicated by meter recordings. There were extremes, however, in these experiments. I have personally seen through the observation window of the chamber when a prisoner inside would stand a vacuum until his lungs ruptured. Some experiments gave men such pressure in their heads that they would go mad, and pull out their hair in an effort to relieve the pressure. They would tear their heads and face with their fingers and nails in an attempt to maim themselves in their madness. They would beat the walls with their hands and head, and scream in an effort to relieve pressure on their eardrums. These cases of extremes of vacuums generally ended in death of the sub ject.
An extreme experiment was so certain to result in death that in many instances the chamber was used for routine execution purposes rather than an experiment. I have known Rascher's experiments to subject a prisoner to vacuum conditions, or extreme pressure conditions, or combinations of both for as long as thirty minutes. The experiments were generally classified into two groups, one known as the living experiments, and the ether simply as the "X" experiment, which was a way of saying "execution" experiment.
At this time, Your Honors, I would like to read into the record testimony of one Walter Neff which was taken from the official transcript of the American Military Tribunal in the matter of United States of America versus Karl Brandt., et al. defendants, sitting at Nurnberg, Germany, on 17th December. Mr. Blakeslee informs me we do not have the exhibit virtually, and if you will permit me, we will read it into the record, and later submit the exhibit.
THE PRESIDENT: Is this witness Neff still within the American Zone?
MR. McMAHON: I think he is, Your Honor, so far as I know.
THE PRESIDENT: What opportunity does Dr. Bergold have to cross examine this witness?
MR. McMAHON: Your Honor, I do not believe he has an opportunity here to cross examine him, except insofar as he may call him as his own witness, but this document of Walter Neff is before this court, and I was under the impression this Tribunal takes judicial notice of official procedure of the other Tribunal.
THE PRESIDENT: We take judicial notice when he did testify--
MR. McMAHON: Yes, sir.
THE PRESIDENT: But, of course, some of us heard he testified, but that has not anything to do with the right of this defendant's counsel to impeach that testimony and to try to contradict it, or he to testify further under cross examination, but if no objection is raised on the part of the defendant, you may proceed.
DR. BERGOLD: This is one of the documents about which I spoke this morning. I stated this morning that I should like to reserve to myself the right to cross examine these people. Of course, Neff is among them. I can not accept this document of his interrogation in that other court without my own examination.
THE PRESIDENT: This Tribunal is ready to extend to you, Dr. Bergold, the right to have this witness produced for cross examination if you wish.
DR. BERGOLD: Yes.
JUDGE MUSMANNO: Mr. McMahon, what objection do you have to producing this witness as your own witness so that we may get the testimony first handed?
MR. McMAHON: Well, Your Honor, we wish to avoid that, if possible, because, as was stated in that other proceeding, Walter Neff is being hold under suspicion of being a war criminal, and we did not want to offer him as our witness because he might prove hostile to our case. For that reason, we wanted to read in his testimony, or, in the event that the Court deemed that he should be called, to have him called as a Court witness.
THE PRESIDENT: This witness was produced its a court witness in the first Tribunal?
MR. McMAHON: He was, Your Honor.
DR. BERGOLD: May it please the Tribunal, this point that is now under discussion will make special difficulties. The case against Milch is proceeding more rapidly than the case before Court Number 1. It could happen that all the evidence presented in the other Court would have to be repeated by me here in this Court, for my German colleagues upstairs are producing proofs which serve to strengthen my case. I should then have to repeat the same proofs here in this Court. That is the particular difficulty here. If the Prosecution says it can not call a witness because he is busy elsewhere, I must say that I must be confronted with this witness, if not in person, at least by way of affidavit. It is going to happen that I shall have to present the same evidence over again unless I am given a change to see the witness personally or to call him immediately.